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Nonpublic School Legislative Update

We previously shared our School Law Legislative Update, focused on new Illinois school-related laws that became effective January 1, 2023. From that update, our team at Franczek P.C. has compiled a narrower list of those laws...more

OCR Announces Resolution Agreement with L.A. Schools over Remote-Learning Related Services to Students with IEPs and 504 Plans

The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with  the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...more

Masking Mandates Lifted

Schools and districts throughout the State – and country – are beginning this school week on the heels of a flurry of announcements made last Friday by the CDC, the Illinois Supreme Court, Governor Pritzker and ISBE,...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

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

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

Schoology, Google Hangouts, and Zoom, Oh My! FERPA and Virtual Learning

In the week since the Governor of Illinois shut down Illinois public schools in response to the growing threat of coronavirus disease 2019 (COVID-19), school districts across the state have risen to the challenge of educating...more

OCR Changes Investigation Protocols for Civil Rights Complaints

Candice Jackson, the U.S. Department of Education’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, recently provided a “new internal guidance” memorandum to staff that significantly changes the Office...more

DOE Dear Colleague Letter Advises Districts To Consider Whether IEPs of Students Experiencing Short-Term Disciplinary Removals...

On August 1, 2016, the United States Department of Education’s Office of Special Education and Rehabilitative Services and Office of Special Education Programs issued a Dear Colleague Letter suggesting that, in many cases, a...more

Two Recent Decisions Provide Guidance on How School Districts Should Respond to Allegations of Sexual Assault

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

Court Reverses Board Decision Terminating Teacher for Blood Alcohol Test

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

ISBE Releases Non-Regulatory Guidance on Recall Rights for Honorably Dismissed Teachers in Group 2

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

Illinois State Police Releases Form For School Administrators To Use When Reporting Students Who Pose A “Clear And Present Danger”

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

Effective January 1, 2014: Amendments To Tenure, RIF And Impasse Bargaining Provisions Of Senate Bill 7

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

CDC Releases Food Allergy Guidelines For Schools

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

Schools Now Required To Report When A Student Poses A “Clear And Present Danger”

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

Court Finds Board Of Education And District Employees Immune From Liability For Claims Related To District’s Response To Bullying

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

DOE Releases “Dear Colleague Letter” On School District Responsibilities To Address Bullying Of Students With Disabilities

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

Annual School Shooting Drills Now Required Under Amended School Safety Drills Act

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

Illinois Appellate Court Finds Schools Not Liable For Student Injury And Deaths In Two Separate Lawsuits

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

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