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Ashley’s Law Allows Medical Cannabis in Illinois Schools

Starting on August 1st, students with medical marijuana cards may be administered cannabis products at school. Known as Ashley’s Law, the School Code now allows students to be given medical cannabis infused products at...more

End-of-Year Decisions by The PAC Provide Cautionary Notes to Public Bodies

In the last month and a half of 2017, the Public Access Counselor of the Illinois Attorney General’s Office issued three binding opinions, one addressing the Open Meetings Act (OMA) and two addressing the Freedom of...more

New School Funding Bill on The Way to The Governor’s Desk

The rollercoaster ride of the past weeks on school funding is coming to an end as the General Assembly has passed a new compromise bill that is expected to be signed by Governor Rauner as early as the end of this week. ...more

Illinois Has a Budget But Schools Are Not Yet Out of the Woods

The Illinois House voted last week to override Governor Rauner’s veto of the budget bill, income tax increase, and the budget implementation bill. The House vote came on the heels of the Illinois Senate’s override vote on...more

Illinois Attorney General’s Public Access Counselor Issues Binding Opinions Regarding FOIA Exemptions

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 bodies in...more

Attorney General’s Office Finds School Board Held Improper Discussion in Closed Session

The Attorney General’s Office recently issued a non-binding opinion concluding that a board of education improperly discussed matters in closed session that were not within the scope of the exceptions on which the board...more

PAC Upholds Municipality’s Denial of Request for FOIA Fee Waiver

The Public Access Counselor recently issued a non-binding opinion holding that public bodies have the discretion to decide whether to waive or reduce copying fees associated with the production of documents responsive to FOIA...more

The Latest on School Funding Legislation and Litigation

The issue of school funding reform is being addressed on many fronts this year. In Springfield, proponents of funding reform and the evidence based model continue their efforts at legislative change. Meanwhile, school...more

Know Where Your Student Data is Going!

As we move into the second half of the school year, we want to remind districts and charter schools of the importance of securing and protecting student data. Educators use and share student data in dynamic ways that improve...more

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

PAC FOIA Opinions Address “Unduly Burdensome” factor, Personal Privacy Exemption and Public Records

In three separate opinions rendered in November, the Public Access Counselor (PAC) of the Illinois Attorney General provided guidance regarding the Freedom of Information Act (FOIA) on the definition of “unduly burdensome,”...more

PAC Ruling Further Clarifies Impermissible Restrictions on Public Comment

One of the most legally perilous jobs of a school board is to preside over the public participation portion of a meeting. The key for a board is to balance its need to run efficient and orderly meetings with the ability of...more

Public Bodies Not Required to Create New Records to Respond to FOIA Request

The Second District Appellate Court recently addressed the question of when an electronic record is a public record subject to FOIA and when a public agency is required to release information from an electronic database. In...more

FCC Allows for Greater Use of Robo-Calls By School Districts

The Federal Communication Commission (FCC) has issued a ruling that clarifies the application of the Telecommunications Consumer Protection Act (TCPA) to schools to allow automated calls and texts to parents in the case of...more

Local Government Travel and Entertainment Expenses Come Under Greater Scrutiny with New Law

Over the past few years there has been no shortage of FOIA requests and media attention on how school districts and other units of local government spend or reimburse spending on conferences, dining, and travel. Last week...more

Taxpayer Suit Establishes that School Board Policies Have the Force of Law

On July 20, 2016, the Illinois Appellate Court reversed the decision of the circuit court in Veazey v. Rich Township High School District 227, et al. and sent the case back to the circuit court with instruction that Mr....more

Illinois Supreme Court Says School District’s Subject to Municipal Zoning

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

School Districts and Charter Schools Must Address Student Data Privacy Concerns in Contracts

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

IHSA and Attorney General Reach Agreement on Participation of Student Athletes with Disabilities

In late June, the Office of the Attorney General (OAG) and the Illinois High School Association (IHSA) reached an agreement, settling two pending federal court cases, aimed at ensuring that student athletes with disabilities...more

Appellate Court Confirms that Convicted Felon Cannot Run for School Board Seat

On May 13, 2015, the Illinois Appellate Court’s First District held that the former Board President of an Illinois high school district’s Board of Education was ineligible to fill a vacancy on the board following his previous...more

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