Just before midnight yesterday, the Appellate Court issued its decision on the appeal of the February 4, 2022 TRO enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. With...more
2/18/2022
/ Appeals ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Mootness ,
Personal Protective Equipment ,
Risk Mitigation ,
School Policies ,
Students ,
Teachers ,
TRO ,
Workplace Safety
Since yesterday, there have been many reports about the Joint Committee on Administrative Rules (JCAR) vote against extending IDPH Emergency Rules regarding masking, vaccine and testing requirements in schools. This has...more
2/16/2022
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Quarantine ,
School Policies ,
Students ,
Teachers ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, a court ruling in Springfield resulted in a temporary restraining order enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. Approximately 150 of Illinois’ 840...more
2/7/2022
/ Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Motion To Enjoin ,
Personal Protective Equipment ,
School Districts ,
Students ,
Teachers ,
TRO ,
Workplace Safety
The U.S. Supreme Court recently announced that it would again consider the role race plays in college admissions by taking up two cases where race-conscious admissions policies are at issue. ...more
The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A...more
10/21/2021
/ Coronavirus/COVID-19 ,
Department of Education ,
Distance Learning ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
New Guidance ,
Public Health ,
Special Education ,
Students
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
9/21/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Quarantine ,
Sick Employees ,
Students ,
Teachers ,
Workplace Safety
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
9/20/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Teachers ,
Vaccinations ,
Workplace Safety
Live hearings—the hallmark procedure and one of the most substantial changes under the 2020 Title IX regulations for higher education institutions—may be a thing of the past. This a possible result of the end of the...more
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
8/30/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
ISBE ,
Private Schools ,
Public Health Emergency ,
Public Schools ,
State Contractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
7/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
ISBE ,
Masks ,
New Guidance ,
Public Health ,
Social Distancing ,
Students ,
Vaccinations
Big change is here. Governor Pritzker signed the Student-Athlete Endorsement Rights Act, meaning effective today, Illinois student-athletes at both public and private universities, no matter the sport or division, have the...more
Student-athletes are gaining headway in their fight for additional compensation in exchange for the benefit they provide to the NCAA and its membership institutions. On Monday, the U.S. Supreme Court unanimously affirmed a...more
Yesterday, the U.S. Supreme Court issued its first opinion addressing a public school’s ability to discipline a student for off-campus, online speech. The 8-1 majority opinion in Mahanoy Area School District v. B.L., authored...more
It is hard to believe that it has been nine months since the Illinois State Board of Education and Illinois Department of Public Health issued their Part 3 – Transition Joint Guidance, “Starting the 2020-2021 School Year.”...more
3/10/2021
/ Coronavirus/COVID-19 ,
Crisis Management ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
ISBE ,
Masks ,
Re-Opening Guidelines ,
School Closures ,
Social Distancing ,
Students
A recent OCR decision out of Wyoming is a reminder to school districts of their Child Find obligations—including during remote instruction. In Teton County School District, Wyoming, OCR found in favor of the school district...more
The Sunshine State will once again be the center of national attention in what could be one of the first battles before the Biden NLRB regarding the ever-shifting issue of the Board’s jurisdiction over religious educational...more
While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight...more
11/12/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Disabled Children ,
Federal Funding ,
IDEA ,
Infectious Diseases ,
OCR ,
Policy Drafting ,
Political Appointments ,
Public Schools ,
Restraints ,
Special Education ,
Students
As promised, following our October 29 alert we more closely examined the conflict between the Governor’s order delaying basketball to Spring and the IHSA’s decision to proceed as scheduled in November. Our review identified a...more
Along with every one of our school district clients who are members of the Illinois High School Association, we are trying to sort out the conflict between the Governor’s action on Tuesday of this week to postpone high school...more
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
In this episode, we discuss the most top-of-mind issues and lessons learned from the COVID-19 crisis....more
10/8/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Crisis Management ,
Health and Safety ,
Infectious Diseases ,
Remote Learning ,
School Districts ,
School Policies ,
Students ,
Teachers ,
Universities
OCR recently published a Q&A document providing expectations for compliance with civil rights laws during the pandemic. While OCR is not responsible for enforcing the IDEA, it is responsible for Section 504. Because students...more
10/5/2020
/ Coronavirus/COVID-19 ,
Disability Discrimination ,
Free Appropriate Public Education (FAPE) ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
OCR ,
Public Schools ,
Quarantine ,
Remote Learning ,
Section 504 ,
Special Education
School leaders have always served a crucial role in communities, and we can’t imagine anyone managing the Coronavirus crisis without them. In this episode, our regular attorney panelists Shelli Anderson, Nicki Bazer, Jennifer...more
Now that many of us have been doing some form of remote learning for close to 7 months, we are starting to see hearing officers and state agencies weigh in to resolve complaints related to the appropriateness of remote...more
9/21/2020
/ Coronavirus/COVID-19 ,
Distance Learning ,
Due Process ,
Educational Institutions ,
Government Lockdown ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
Remote Learning ,
School Closures ,
Special Education ,
Students
The U.S. Department of Education recently issued guidance on the use of Higher Education Emergency Relief Fund (HEERF) funds under the Coronavirus, Aid, Relief, and Economic Security (CARES) Act....more