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June 28, 2022

Parkview Christian Academy educating Illinois State Board of Education and Illinois Department of Public Health

By Kirk Allen & John Kraft

On June 26, 2020

Kendall Co.  (ECWd) –

The Parkview Christian Academy can now take credit, through their attorney Thomas DeVore of Silver Lake Group Ltd., for educating more Illinois state actors.  In this case, the Illinois State Board of Education and the Illinois Department of Public Health have been educated that there is not a shred of statutory language to support the mandates they are issuing for the opening of Schools.

“Nowhere in those six pages do I see any citation to the United States Constitution, Illinois Constitution, Illinois Department of Health Act, Illinois School Code, or any legitimate legal source for that matter, which purports to delegate your administrative agencies any lawful authority to mandate such rules upon private or public schools, or more directly, the parents and school children of our state.”

Much like we have seen from day one of the Emergency Declaration from the Governor, few public entities are following the actual laws from the Governor to the lowest level of our local government.  It’s as if we are in a new twilight zone where public bodies just do what they want without any accountability to the actual laws on the books.

While we fully understand the health concerns of opening things back up, we must also accept that we are a nation of laws first and foremost.  When the laws are ignored, as being done by the Governor, ISBE, and IDPH, we must expose such ignorance.

“Health authorities cannot promulgate and enforce rules which merely have a tendency to prevent the spread of contagious and infectious diseases.” See Barmore v. Robertson, 134 N.E. 815, 819 (Ill. 1922).

We suspect this letter will become the boilerplate letter used throughout the state as we approach the new school year.

Much like Devore points out in his letter, without statutory authority public bodies have no power to do a lot of what they are attempting to do.

The best part of the letter in my opinion is the personal responsibility being taken.

“my client will determine what additional health and safety protocols it might choose to add to its current guidelines for the upcoming year.”

People have the right to determine what they choose to do within the confines of our laws. It is not the Government’s place to mandate or order certain behavior without statutory authority.

We are confident at some point our courts will make this crystal clear to the Governor of Illinois.

Parkview Christian Academy

 

 

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7 Comments
  • Rhonda Showalter
    Posted at 19:21h, 26 June

    My child’s school has NO AIR CONDITIONING!!!
    When it is 95°outside it is over 100° in the classrooms with a fan on. If that is not bad enough now you ate going g to FORCE my child to cover his face. I’m calling this CILD ABUSE. If anything happens to my child or his health because of this stupid fucking mask I will be taking my case to court and using the Illinois government and the rest of you involved. So all of you better hope the millions of children that are forced to do something unhealthy all stay health.

    • Stacy
      Posted at 12:30h, 27 June

      Amen. I am my children’s Mother. Not Pritzker, not the IDPH, and not the ISBE. None of them have a legal right to dictate my decisions for my children. If they think they can, they will see me in court.

  • Danielle
    Posted at 14:31h, 27 June

    Rhonda and Stacy, you can add me to that lawsuit! I’ll happily join you in court fighting against this ludicrous “order”. Even the CDC still only *recommends* face coverings – and I agree – parents know best. Don’t tell me how to keep my child safe.

  • PK
    Posted at 13:34h, 29 June

    Something more than a DPS61 pet peeve.

    In the context of discussing state actions on K-12 schools and their student bodies, I would prefer to read and/or have heard “our students” versus “our children” as written here by Mr. DeVore and said previously by the Governor in March when he and the ISBE president announced the K-12 school closings.

  • Angie
    Posted at 18:14h, 30 June

    Our number 1 priority is the safety of the children and families! I support wearing masks and social distancing. This is not a political issue, Karen!

    • PK
      Posted at 08:51h, 01 July

      Like the Illinois Governor said: ‘This is not a political issue.’ Dullening, priority two accepts the ludicrous and repeats.

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