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August 7, 2022

Three School Districts Sue State Board of Education – Re: Probation Designation –

By John Kraft & Kirk Allen

On October 1, 2021

ILLINOIS (ECWd) –

Today, three school districts sued the Illinois State Board of Education and Dr. Carmen I. Ayala for  Declaratory Judgement and Injunctive Relief against the ISBE’s placing them on a Probationary Status do to alleged noncompliance with the Governor’s Executive Order.

Red Hill CUSD 10, Cowden-Herrick CUSD 3A, and Beecher City CUSD 20 filed this four-count lawsuit.

Earlier this year, the ISBE$ placed several school districts on “probation” because they decided to go with a “mask optional” or “mask recommended” policy, and the ISBE decided it wanted masks required. This suit alleges the ISBE does not possess the statutory power to place a school district on probationary statues for those reasons, without an appeals process, and without due process.

The completed filing can be read (HERE) or below.

The Relief Sought:

  • COUNT I:  WHEREFORE, the Districts pray that this Court enter a declaratory judgment:
    • (a) declaring each of the notices issued to the Districts by Ayala was in excess of her procedural authority under the Illinois School Code and Title 23 of the Illinois Administrative Code; and
    • (b) Declare each of the notices issued to the Districts void; and
    • (c) for such other and further relief as this Court deems just and proper.
  • COUNT II:  WHEREFORE, the Districts pray that this Court enter a declaratory judgment
    • (a) declaring each of the notices issued to the Districts by Ayala which placed them on probation were in violation of substantive due process as provided the Districts under the Illinois School Code and Title 23 of the Illinois Administrative Code; and
    • (b) declaring nothing in the Illinois School Code or Title 23 of the Illinois Administrative Code authorizes Ayala or ISBE to alter recognition status of the Districts for failure to comply with executive order 2021-18;
    • (c) Declare each of the notices issued to the Districts void; and
    • (d) for such other and further relief as this Court deems just and proper.
  • COUNT III:  WHEREFORE, the Districts pray that this Court enter a declaratory judgment
    • (a) declaring Cowden-Herrick and Beecher City have a right to an administrative appeal under § 1.95 of Title 23 of the Illinois Administrative Code when their recognition status was lowered from “fully recognized” to “on probation”; and
    • (b) for such other and further relief as this Court deems just and proper.
  • COUNT IV:  WHEREFORE, the Districts pray that this Court enter an order:
    • a) Find the Districts have a right to not have their recognition status lowered unless the same is accomplished as provided under Illinois law and Title 23 of the Illinois Administrative Code;
      b) Find the Districts will continue suffer irreparable harm if the injunction is not granted in the benefits of being a fully recognized district have, and will continue, to been taken away from them unless they comply with these mandates of Ayala and ISBE;
    • c) Find the Districts have no adequate remedy at law to protect them from procedural and substantive violations by Ayala and ISBE;
    • d) Find the Districts have proven Ayala and ISBE are violating the procedural and substantive due process rights of the Districts;
    • e) Entering an injunction with reinstates Cowden-Herrick and Beecher City to fully recognized status instanter;
    • f) Entering an injunction which enjoins Ayala from altering the recognition status of the Districts except as authorized during the annual compliance provisions.
    • g) Entering an injunction which enjoins Ayala and ISBE from altering the recognition status of the Districts solely due to their failure to comply with executive order 2021-18.
    • h) Entering an injunction with stays any administrative proceedings in regard to these matters.

Read these for more information: ComplaintMemorandum of Law in Support of Emergency Restraining Order – Motion for TRO

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4 Comments
  • Dennis P Finegan
    Posted at 16:24h, 01 October

    Next is super-secret double probation. This is a waste of court time by boards that have way too much money & time on their hands. I thought courts were for crimes? This about sports & funding. Don’t like something, sue, or better yet since this is Illinois, change the law (John & Kirk have taught me well.)

    Glad my kids are in their 40’s & 50’s & the grandkids’ schools all have mask mandates.

    • PK
      Posted at 21:15h, 01 October

      By the coronavirus metrics published by the state, school mask mandates are powerplays of the elite political class. Parenting is for willing parents, not the government or the government’s subservient grandparents.

  • T baker
    Posted at 18:12h, 01 October

    So why is any of this still an issue? Did I miss something? The court has ruled the EO”s illegal but that seems not to matter.

  • PK
    Posted at 18:25h, 01 October

    ISBE’s behavior was that of a schoolyard bully; and their director, as a henchperson of governor Pritzker. Nothing more, nothing less.

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