Hearing Held on Beecher City, Cowden-Herrick Schools TRO Case

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Published on February 17 2022 2:24 pm
Last Updated on February 17 2022 2:24 pm
Written by Greg Sapp

A hearing was held Thursday in the suit brought against Illinois State Board of Education Superintendent Carmen Ayala by three area school districts. 

Dr. Ayala and the ISBE are seeking to have the suit brought by the Beecher City, Cowden-Herrick and Red Hill Boards of Education dismissed. The suit was filed by the districts after ISBE attempted to remove the districts' "fully recognized" status. That attempt came after the school boards of the three districts declined to require their students to mask up. 

A Temporary Restraining Order granted in October restored the school districts to "fully recognized" status, and enjoined Ayala and ISBE from altering the districts' recognition status.

Thursday's hearing dealt with each side filing infomation for the other side to review prior to trial. Defense attorney Thomas DeVore asked Judge Don Sheafor to require the State to submit information. The State so far has contended that DeVore's requests have been "overly broad" as to what they are seeking. 

The judge contended that each side ought to have a pretty good idea as to what the other side is seeking and to work things out. Judge Sheafor did state that the State seems to come up with new rules to fit a new situation, something he said he disagrees with.

The attorneys agreed to talk to hash out the matters of discovery, then a hearing can be scheduled to consider the State's motion to dismiss the Temporary Restraining Order. There are no further hearing dates at present.

A reminder that this is a different TRO than the one issued late in January in Sangamon County that led several other school districts to end a requirement for masking.