The Illinois Public Access Counselor (PAC) issued a binding opinion, finding a school board violated the Open Meetings Act (OMA) when it improperly discussed school curriculum during closed session....more
As we detailed in a prior alert, Section 10-20.21 of the School Code was amended to increase the competitive bidding threshold from $25,000 to $35,000. The amendments went into effect January 1, 2024....more
Governor Pritzker recently signed into law Public Act 103-0311 (previously HB 2447), which amends two key provisions in the Open Meetings Act (“OMA”) effective as of July 28, 2023....more
The United States District Court for the District of New Jersey recently issued a decision regarding the limited First Amendment protections afforded to speakers who use offensive and disruptive speech at school board...more
12/13/2022
/ Appropriate Business Decorum ,
Board Meetings ,
Equal Protection ,
First Amendment ,
Masks ,
Offensive Language ,
Public Comment ,
Public Forum ,
Retaliation ,
School Boards ,
Warning Letters
In a rare binding opinion, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—issued a new binding...more
On Friday, June 25, 2021, Governor Pritzker extended the Disaster Declaration related to COVID-19 for another 30 days. Pursuant to the declaration, public bodies may continue to hold virtual meetings in accordance with the...more
As discussed in previous alerts posted on March 16 and March 18, Illinois Governor J.B. Pritzker passed an Executive Order suspending certain Open Meetings Act (OMA) requirements in the wake of COVID-19. Since the issuance of...more
We are aware that sample resolutions suspending policies and granting superintendents extraordinary powers during the Governor’s stay-home order are circulating among school boards. On March 23, for example, the Illinois...more
The Illinois Attorney General’s Public Access Counselor was once again busy during 2019, issuing binding decisions of interest to public entities governed by the Illinois Open Meetings Act and Freedom of Information Act....more
12/11/2019
/ Best Practices ,
Binding Precedent ,
FOIA ,
Non-Residents ,
Open Meetings Act ,
Public Access Laws ,
Public Entities ,
Public Meetings ,
Request For Information ,
School Boards ,
State and Local Government
In a recent Illinois Appellate Court decision, a taxpayer unsuccessfully challenged a school district’s guaranteed energy savings contract. School Board members should be aware of this decision because the favorable outcome...more
11/6/2019
/ Change Orders ,
Construction Project ,
Contract Terms ,
Delays ,
Dismissals ,
Energy Conservation ,
Laches ,
Liability ,
Municipalities ,
Open Meetings Act ,
Public Bidding ,
Public Projects ,
School Boards ,
School Districts ,
Sunshine Laws
With November elections right around the corner and April board elections not far behind, it’s a good time to brush off the rules governing campaigning by school employees and board members. ...more