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Ex. AGY-ST-EDUCATION-HIGHER-ED-032 Order Primary source read

Letter to Superintendents, 'Enforcement of the Universal Indoor Masking Requirement' (August 11, 2021)

ISBE enforcement of Executive Order 2021-18's universal indoor masking requirement in all P-12 schools through recognition status, loss of State funding and loss of IHSA and IESA athletic eligibility

Dr. Carmen I. Ayala, State Superintendent of Education, Illinois State Board of Education · Illinois State Board of Education (State Superintendent of Education); State level (State)

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The record

Jurisdiction
Illinois State Board of Education (State Superintendent of Education); State level · Illinois
Level
State
Authority
23 Ill. Adm. Code 1.20; Executive Order 2021-18
Issued
2021-08-11 Aug. 11, 2021
Effective
2021-08-11 (EO 2021-18 in effect from August 4, 2021) (read as 2021-08-11)
End
Continued through 2021 Q3 and the 2021-22 school year (EO 2021-18 as re-issued; masking requirement lifted Feb. 28, 2022) (read as 2022-02-28)
In force
Aug. 11, 2021 to Feb. 28, 2022
Quarters
2021 Q3
Limitation types
Face-covering requirementSchools and child careWorkplace rulesOther
Addressees
  • all public school districts and their superintendents
  • students, staff and visitors of P-12 schools
Functions reached
  • IN in-person instruction under universal masking
  • AC athletic eligibility as a sanction
  • EMP staff masking
  • WF school workforce
  • CB families; visitors, vendors and contractors indoors at schools
Collection
State education and higher-education authorities AGY-ST-EDUCATION-HIGHER-ED

Operative words

Executive Order 2021-18, which went into effect last Wednesday, requires that all students, staff, and visitors wear masks indoors in all P-12 schools in Illinois.... The executive order has the force of law.... However, noncompliance is not an option.... Local boards of education, schools, and school districts do not have the authority to deny the Governor's Executive Order requiring universal indoor masking in schools.... Further, the Illinois State Board of Education has and will use its regulatory authority, pursuant to 23 Ill Admin. Code 1.20, to ensure school districts protect students and staff; if school districts fail to do so, this risks State recognition. A district would have multiple opportunities to remedy the deficiencies... A district would first have its recognition status changed to "On Probation" and would be asked to submit a corrective action plan. Failure to address the deficiencies would lead to nonrecognition, meaning total loss of access to state funding and loss of the school's ability to engage in any Illinois High School Association and Illinois Elementary School Association athletic competitions.

Enforcement

23 Ill. Adm. Code 1.20 (probation, nonrecognition, loss of State funding); Executive Order 2021-18 (force of law); 20 ILCS 3305/19 (violation of emergency orders)

Notes

The agency-level enforcement layer for Illinois's Q3 2021 school mask mandate; ISBE placed non-compliant districts on probation in August-September 2021; companion instruments IL-040, IL-041, IL-045, IL-072

Retrieval note

Two-page letter read in full (capture of Aug. 11, 2021).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.