On August 21, 2015 Governor Rauner signed into law the new Illinois Preventing Sexual Violence in Higher Education Act, Public Act 099-0426 (the Act). The new law imposes a number of requirements on higher education...more
8/28/2015
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VAWA
The Illinois State Board of Education (ISBE) recently updated its Non-Regulatory Guidance on the Performance Evaluation Reform Act (PERA) and Senate Bill 7 (SB 7). Similar to the 2012 guidance, the updated Non-Regulatory...more
Two recent decisions from our neighbors in Indiana and Michigan provide guidance on what courts may expect from school districts responding to allegations of sexual assault. Pursuant to Title IX of the Education Amendments of...more
Last week, the Illinois Appellate Court’s Second District held that a teacher subject to dismissal based on a reduction in force (RIF) did not have recall rights because she was in RIF Grouping 2, and that the school district...more
An Illinois Appellate Court recently overturned the 2012 dismissal of a teacher who was terminated for being under the influence while at work. The opinion provides instructive guidance on how courts closely analyze a school...more
The Illinois State Board of Education (ISBE) recently published its proposed regulations containing the State Performance Evaluation Model required under the Performance Evaluation Reform Act (PERA). PERA specifically...more
As we reported last month, recently enacted Public Act 098-0648 gives limited recall rights to honorably dismissed teachers placed in Group 2 who have one “needs improvement” rating. Effective July 1, 2014, Public Act...more
School leaders across the country are buzzing about a California Superior Court’s recent tentative ruling that the state’s teacher tenure, dismissal, and layoff laws violate the equal protection clause of the California...more
Last month, the U.S. Supreme Court ruled that a New York town’s practice of opening town board meetings with prayer did not violate the First Amendment. The decision provides guidance to school boards and other public bodies...more
Schools now have a substantial amount of additional guidance to review, process, and implement in their ongoing efforts to address sexual violence and achieve and maintain compliance with Title IX of the Education Amendments...more
Last month, the U.S. Department of Education released guidance on the proper use, storage and security of student data being generated by new online educational resources. Published by the Department’s new Privacy Technical...more
The U.S. Department of Education Office of Civil Rights (OCR) recently replied to a letter from the National School Boards Association (NSBA) seeking clarification on OCR’s January 25, 2013 Dear Colleague Letter on students...more
As we previously reported in a FR Alert, the new School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law requires public school principals and chief administrative officers of private...more
On January 1, 2014, legislative changes made by Public Act 98-0513 (Act) to the tenure, layoff and impasse bargaining process originally set out in Senate Bill 7 will go into effect.
- Tenure Portability. The Act...more
Last month, the Centers for Disease Control and Prevention (CDC) issued new recommended guidelines to schools on how to serve students with food allergies. The Voluntary Guidelines for Managing Food Allergies in Schools and...more
The Firearm Concealed Carry Act, Public Act 98-0063, which became effective July 9, 2013, contains a new reporting requirement for school principals of which all school districts and private schools should be aware. Under the...more
The Illinois Appellate Court recently held that a superintendent, principal, and board of education were immune from liability for a parent’s claims regarding the alleged bullying of her daughter. In Hascall v. Williams,...more
On August 20, 2013, the Office of Special Education and Rehabilitative Services (OSERS) released a “Dear Colleague Letter” providing an overview of school districts’ responsibilities under the Individuals with Disabilities...more
Earlier this month, Governor Quinn signed into law Public Act 098-0190, which amends the Critical Health Problems and Comprehensive Health Education Act to require all school boards to develop and adopt a policy on teen...more
Governor Quinn signed into law Public Act 98-0048, amending the School Safety Drills Act to require schools to conduct a school shooting drill at least once a school year for each school building within a district that houses...more
At the close of the last legislative session, the General Assembly passed two legislative actions calling for the development of new studies on charter schools. ...more
In a recent decision, the Public Access Counselor (PAC) ruled that Western Illinois University Board of Trustees violated the Open Meetings Act (OMA) when it voted to terminate a faculty member in closed session. According to...more
On January 25, 2013, the Office of Civil Rights of the U.S. Department of Education (OCR) issued a “Dear Colleague Letter” instructing school districts on their responsibilities to serve students with disabilities in...more
In the wake of the Sandy Hook Elementary School tragedy, President Obama has announced numerous executive actions and legislative proposals to address gun control, school safety, and mental health issues nationwide. The White...more
Last fall, the Illinois Appellate Court issued opinions on two different cases involving the tort immunity of school districts. In both cases, the court declined to find the schools liable....more