The PAC recently issued a non-binding opinion, finding a school district did not waive the attorney-client privilege where prior disclosures of the requested records were mandated by state law....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 P.A. 103-0491 (previously SB 1570) into law, which will allow school districts to enter into design-build contracts—as opposed to the currently available design-bid-build delivery...more
8/22/2023
/ Construction Contracts ,
Construction Project ,
Design-Bid-Build ,
Design-Build ,
Illinois ,
New Legislation ,
Project Delivery Methods ,
Public Acts ,
Regulatory Reform ,
Request for Proposals ,
School Districts
Recently, the Public Access Counselor (PAC) issued two non-binding opinions concerning the Freedom of Information Act (FOIA), both upholding school district decisions to exert exemptions and withhold key documents under the...more
On June 29, 2022, Governor Pritzker signed Public Act 12-1101 (House Bill 4813) into law, amending Section 10-20.21 of the Illinois School Code, which generally requires contracts that are subject to the bidding process to be...more
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)—recently issued two binding opinions clarifying...more
Last week, the Illinois Appellate Court issued three separate opinions addressing the scope of the Illinois Freedom of Information Act (FOIA). The opinions provide additional guidance related to what constitutes a reasonable...more
8/12/2020
/ Civil Monetary Penalty ,
Criminal Investigations ,
Email ,
Failure to Comply ,
FOIA ,
Mobile Devices ,
Murder ,
Public Access Laws ,
Public Records ,
Request for Production ,
School Districts ,
Search & Seizure ,
Text Messages
On Friday, Governor Pritzker issued Executive Order 2020-15 allowing school districts to communicate, respond to, and open bids electronically for school construction projects. Section 10-20.21 of the Illinois School Code...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
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
In a recent decision, the Illinois Attorney General’s Public Access Counselor (PAC), which enforces the Illinois Open Meetings Act (OMA), found that a school district violated the OMA when it limited the public comment period...more
A recent Illinois Appellate Court decision provides welcome support to a school district or other public body faced with a Freedom of Information Act (FOIA) request that is more akin to a “fishing expedition” than a targeted...more
Boards try their best to avoid it, but you hear about it time and again—a board goes into closed session and the conversation turns away from the subject matter the board identified in open session as the reason for the...more
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
The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public entities violated...more
The Public Access Counselor (PAC) division of the Attorney General’s Office recently held that the reduction in force joint committee (the “Joint Committee”) was subject to the requirements of the Open Meetings Act (OMA)....more
On August 25, 2016, Governor Rauner signed into law Public Act 99-890, which is the result of an effort by the education community to temper the effect of the recent Supreme Court decision in Gurba v. Community High School...more
Recently, the Illinois Appellate Court (First District) issued its decision in Better Government Association v. Illinois High School Association and Consolidated High School District 230 affirming the lower court’s dismissal...more
Last year, an Illinois Circuit Court overturned a Public Access Counselor opinion that found that the Board of Education of Springfield School District No. 186 violated the Open Meetings Act when it voted on the separation...more
On September 24, 2015, the Illinois Supreme Court reaffirmed the adage that “a picture is worth a thousand words” in holding that Community High School District No. 155’s bleacher construction project is subject to and must...more
9/29/2015
/ Amicus Briefs ,
Construction Industry ,
Construction Project ,
Educational Institutions ,
IASB ,
IL Supreme Court ,
Industrial Stormwater Rule ,
Jurisdiction ,
Land Use Restrictions ,
School Districts ,
Zoning Laws
In working with school districts and charter schools, our firm has learned that many clients may have entered into agreements that lack key contract terms necessary to protect student data privacy. In other cases, we have...more
In a non-binding opinion, the Public Access Counselor (PAC) held that a school district violated the Open Meetings Act (OMA) when the board’s negotiations team, which included three board members, held a meeting to discuss...more
In June, the Public Access Counselor (PAC) issued a non-binding opinion holding that board members of a school district did not violate the Open Meetings Act (OMA) when partaking in intermittent private email exchanges...more
The Illinois Association of School Boards (IASB), the Illinois Association of School Business Officials (IASBO), and the Illinois Association of School Administrators (IASA) recently retained Franczek Radelet to prepare an...more
Last September in this Alert, we discussed an opinion in which the Second District Appellate Court ruled that Community High School District 155 was subject to the zoning regulations of the City of Crystal Lake, a home rule...more