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Governor’s Executive Order Requiring Exclusion of Students and School Personnel

Late Friday, Governor Pritzker issued Executive Order 2021-24 requiring schools to exclude students and school personnel for COVID-19 diagnosis, exposure, or symptoms. School districts, not the local health department, are...more

ISBE Emergency Rules Regarding Mandatory Vaccinations

Last week, ISBE published Emergency Rules regarding Mandatory Vaccinations for School Personnel. The Emergency Regulations clarify the requirements under Governor Pritzker’s Executive Order 2021-22. ...more

Governor Pritzker’s Vaccine Mandate for Pre-K-12 School Personnel

Governor Pritzker has ordered a vaccine mandate for all teachers and staff at pre-K-12 schools, as well as students and personnel at higher education institutions. Under the Executive Order, all pre-K-12 school personnel must...more

Vaccine Mandate

Earlier yesterday Governor Pritzker announced a mandate for all teachers and staff at pre-K-12 schools, as well as students and personnel at higher education institutions, to be vaccinated. ...more

Governor Pritzker Orders Universal Masking in All PreK-12 Schools

Focused on providing a safe learning environment for in-person instruction, Governor Pritzker announced that all individuals in all PreK-12 schools and daycare settings in Illinois must wear a mask when indoors, regardless of...more

CDC Issues New Masking Guidance One Day After ISBE/IDPH Guidance Confirms Local Flexibility for Mitigation Measures in Schools

In a new FAQ issued, the Illinois State Board of Education (ISBE) and Illinois Department of Public Health (IDPH) confirm that the adoption of the CDC’s July 9 guidance means local control of mitigation layers—most...more

OCR Issues Q&A on Title IX Regulations on Sexual Harassment

Tuesday, the U.S. Department of Education’s Office for Civil Rights (OCR) issued new, anticipated guidance concerning the Department’s current regulations related to sexual harassment. The guidance, titled Questions and...more

Department of Education Releases COVID-19 Handbook for Higher Education

The U.S. Department of Education recently released Volume 3 of its COVID-19 Handbook, which provides higher education institutions with strategies for reopening for in-person instruction and implementing the most recent CDC...more

OCR Issues Request for Information Regarding Nondiscriminatory Administration of School Discipline

Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more

Governor Updates Order Regarding Return to In-Person Learning

Earlier last week, on June 1, 2021, Governor J.B. Pritzker re-issued and amended Executive Order 2020-47 to provide more flexibility to preK-12 schools seeking to offer full-time in-person instruction. The order allows...more

Dynak who? Potential New Legislation Extends Timing and Expands Definition of Paid Sick Leave Under 24-6 of the the Illinois...

A little over a year ago, in Dynak v. Board of Education of Wooddale School District 7, the Illinois Supreme Court put to rest the argument about the timing of paid sick leave related to the birth of a child under Section...more

The Question of the Hour: Will there be remote learning this fall?

Yes, but not like last fall. On May 19, 2021, the Illinois State Board of Education adopted a Resolution Supporting In-Person Learning. The Resolution points to a definite shift to return the vast majority of students to...more

United States Supreme Court Hears Argument in Historic Student Speech Case

Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online. ...more

Making Sense and Moving Forward: CDC and ED Department Guidance for In-Person Instruction

President Joe Biden has made returning kids to in-person learning a priority in his first 100 days, promising that guidance from the Centers for Disease Control (CDC) would help schools safely meet that goal. The...more

Q&A: What the U.S. Department of Education’s new Clery Act Appendix Really Means for Colleges’ and Universities’ Clery Act...

Recently, the U.S. Department of Education (ED) replaced the 2016 Clery Act Handbook (Handbook) with the new Clery Act Appendix for FSA Handbook (Appendix). The Appendix rescinds previous ED guidance interpreting Clery Act...more

IDPH Updates FAQ for Schools

As the understanding of COVID-19 grows, the guidance from public health authorities continues to develop. After issuing various updates to its guidance for schools over the past weeks, IDPH has now revised its FAQ for Schools...more

Coming Soon? Districtwide COVID-19 Testing for K-12

COVID-19 saliva tests have been used as one tool to slow the spread of coronavirus—notably on college campuses. Soon, several saliva tests will be available to K-12 schools. The availability of such tests prompts several...more

IDPH and CDC Update Guidance on School Exclusions and Close Contacts

The Illinois Department of Public Health (IDPH) has again updated its COVID-19 Interim Exclusion Guidance as well as its general Interim Guidance for Pre-K-12 Schools. The updated guidance documents include several revisions,...more

IDPH Updates FAQ and Exclusion Guidance for COVID-19 Cases in Schools

The Illinois Department of Public Health (IDPH) updated its COVID-19 FAQ and Exclusion Guidance last week. As we previously reported, the IDPH released Frequently Asked Questions (FAQ) for schools in August to supplement but...more

Guidance for Developing Appeals Process of Unsatisfactory Ratings Under Public Act 101-0591

On August 27, 2019, Governor Pritzker signed into law Public Act 101-0591, which added Section 24A-5.5 to the School Code. Section 24A-5.5 requires school districts to create an appeals process for teachers who receive...more

They’re Finally Here: U.S. Department of Education Issues Title IX Regulations

After almost one-and-a-half years since issuing its original proposed rule, the U.S. Department of Education has issued final Title IX regulations effective August 14, 2020. Although analyzing the changes will take some time,...more

Education Funding Begins to Become Available under the CARES Act

States may now apply for their share of the Elementary and Secondary School Emergency Relief (ESSERS) Fund – the $13.2 billion fund under the CARES Act that will be allocated to states based on the proportions of Title IA...more

Lemons into Lemonade: 4 Coronavirus Shutdown Tasks to Prepare for Title IX Rules

Despite efforts by schools and advocacy organizations, state attorneys general, and members of Congress and the Senate, the Department of Education’s proposed Title IX rules reportedly have cleared Office of Management and...more

Key Reminders on Student Enrollment, Discipline, Records, and Special Education During School Closures

As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more

Title IX Considerations During COVID-19 School Closures

While Illinois schools—and schools across the country—remain closed due to concerns about the spread of COVID-19, keep in mind that schools currently are not relieved from their obligations under Title IX or other civil...more

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