State Education Superintendent Outlines Repercussions if Districts Fail to Mask Up

Illinois State Superintendent of Education Carmen Ayala has sent letters to state school superintendents supporting Governor J.B. Pritzker's mask mandate.

Ayala wrote the superintendents Wednesday that "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. Doing so not only puts students' health and safety at risk but also opens the district to extraordinary legal liability--potentially without any insurance to cover damages." Ayala urges superintendents to check with their insurers and legal counsel to understand the repercussions.

Ayala's letter also outlines what could happen if districts don't require masking, including risking State recognition.

The letter reads, "A district would have multiple opportunities to remedy the deficiencies that present a health hazard or a danger to students or staff before becoming unrecognized. 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."

Ayala also writes, "Wearing a mask is simple, safe, and easy. I know it can be uncomfortable sometimes, but so are football helmets and seatbelts. Sometimes we have to bear a little discomfort for the sake of safety and because it's the law." Ayala's letter also states that "the Executive Order has the force of law". Others have disputed whether that statement is accurate.