Author Info for Franczek P.C.

Shelli Anderson

COVID-19 Paid Leave Law: FAQ

The COVID-19 paid leave law has raised both legal and practical questions for school administrators. To further assist with following the mandates of the law, we have prepared a model form that schools can use when receiving and…more

Administrative Agencies, Coronavirus/COVID-19, Educational Institutions, Employer Liability Issues, Infectious Diseases

See all updates »

Kaitlin Atlas

Legal Challenges to the 2024 Title IX Regulations – What’s Next for Illinois Schools?

Schools throughout the country are preparing to implement the U.S. Department of Education Office for Civil Rights’ (“OCR”) long-awaited final 2024 Title IX regulations. These new regulations, which replace the 2020 regulations,…more

Anti-Discrimination Policies, Colleges, Department of Education, Discrimination, Educational Institutions

See all updates »

Nicki Bazer

How to Identify State Action in the Context of Public Officials Using Social Media

Social media has given public officials the ability to share information quickly and easily with their constituents and followers, even on their own personal Facebook and other social media accounts. When using a personal social…more

Employment Policies, First Amendment, Government Officials, Lindke v Freed, O’Connor-Ratcliff v Garnier

See all updates »

Brittany Begley

PAC Issues Binding Opinion Regarding Alleged OMA Violations for Improper Board Meeting Action and Remote Participation

The Illinois Public Access Counselor (PAC) issued its seventh binding opinion of the year, finding a Village Board of Trustees violated the Open Meetings Act (OMA) by taking improper action to authorize the purchase of a vehicle…more

Board Meetings, Board of Trustees, Illinois, Open Meetings Act, Public Entities

See all updates »

Jared Costanzo

OCR Releases “Dear Colleague Letter” on School Responsibilities to Address Title VI Discrimination and Harassment

On November 7, 2023, the Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague Letter” (DCL) that reminds schools of their Title VI obligations to provide all students with a learning environment…more

Anti-Discrimination Policies, Anti-Harassment Policies, Department of Education, Educational Institutions, Harassment

See all updates »

Brian Crowley

PAC Issues Binding Opinion Regarding Alleged OMA Violations for Improper Board Meeting Action and Remote Participation

The Illinois Public Access Counselor (PAC) issued its seventh binding opinion of the year, finding a Village Board of Trustees violated the Open Meetings Act (OMA) by taking improper action to authorize the purchase of a vehicle…more

Board Meetings, Board of Trustees, Illinois, Open Meetings Act, Public Entities

See all updates »

Dana Fattore Crumley

Senate Bill 3606 Extends Reimbursement Eligibility for Public Special Education Programs

On May 23, 2024, Senate Bill 3606 (“SB 3606”) passed both houses. If signed into law by Governor Pritzker, SB 3606 will amend the Children with Disabilities Article of the Illinois School Code to provide for expanded state…more

Disabled Children, Education Reform, Educational Institutions, Pending Legislation, Public Schools

See all updates »

Ares Dalianis

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –…more

Municipalities, Power of Appointment, Public Schools, School Boards, School Districts

See all updates »

Adam Dauksas

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –…more

Municipalities, Power of Appointment, Public Schools, School Boards, School Districts

See all updates »

Amy Kosanovich Dickerson

One Month In – Title IX Update

We are nearly at the one-month mark with the 2024 Title IX Regulations in effect. Since the August 1 implementation date, school administrators have been busy getting trained, preparing for the school year ahead, and sorting…more

Educational Institutions, Grievance Process, New Regulations, Regulatory Requirements, Sex Discrimination

See all updates »

Rachel Domash

Illinois Passes New Law Increasing the Competitive Bidding Threshold for Schools

This month, Governor Pritzker signed Public Act 103-0008 (House Bill 3817) into law, which establishes the Budget Implementation Act for fiscal year 2024. While there are a multitude of amendments to the Act, one significant…more

Competitive Bidding, Goods or Services, Illinois, Public Contracts, Public Schools

See all updates »

Brianne Dunn

United States Supreme Court Hears Argument in Historic Student Speech Case

Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online…more

Code of Conduct, Disciplinary Proceedings, Educational Institutions, First Amendment, Free Speech

See all updates »

Jennifer Dunn

Chicago City Council Passes Ordinance Requiring Nonprofit Contractors to Enter into Labor Peace Agreement with Unions

On March 15, 2023, the Chicago City Council overwhelmingly voted to approve an ordinance requiring labor peace agreements between workers and Chicago-funded nonprofit organizations providing critical public health and social…more

City of Chicago, Contractors, Employee Rights, Employees, Employer Liability Issues

See all updates »

J. Todd Faulkner

Supreme Court Issues Decision Affirming a Public Body’s Right to Censure Board Member

In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed…more

Appeals, Article III, Board of Trustees, Censures, First Amendment

See all updates »

Hailey Golds

Chevron Overturned, Federal Agency Deference Over: Impact of Loper Bright on Regulations Affecting Employers and Educators

On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overturned Chevron v. Natural Resources Defense Council, upending 40 years of judicial precedent holding that federal courts should defer to…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Department of Education, Federal Labor Laws

See all updates »

Michael Hernandez

Illinois Dept. of Revenue Releases Final 2021 Cook County Equalization Factor

On Tuesday, the Illinois Department of Revenue released the final 2021 Cook County equalization factor. The factor (sometimes referred to as the multiplier) for 2021 is 3.0027. The tentative factor released in June was 2.7297…more

Illinois, Property Tax, State Taxes, Tax Code, Tax Liability

See all updates »

David Johnson

Chicago City Council Passes Ordinance Requiring Nonprofit Contractors to Enter into Labor Peace Agreement with Unions

On March 15, 2023, the Chicago City Council overwhelmingly voted to approve an ordinance requiring labor peace agreements between workers and Chicago-funded nonprofit organizations providing critical public health and social…more

City of Chicago, Contractors, Employee Rights, Employees, Employer Liability Issues

See all updates »

Erin Johnson

President Biden Issues Expansive Plan to Mandate Vaccines for Federal and Private Sector Employees

On September 9, 2021, President Biden announced a major initiative entitled the “Path out of the Pandemic.” The initiative includes an executive order requiring vaccinations for nearly all federal employees and contractors and…more

Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues

See all updates »

Caroline Kane

FTC Ban on Non-Competes Is Blocked — For Now

Back in April 2024, the Federal Trade Commission (FTC) issued a final rule that would have banned non-compete agreements nationwide as of September 4, 2024. (You can read our alert on the FTC’s final rule here.) However, on…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

See all updates »

Eliza Kaye

Teacher Tenure, Dismissal and Evaluation Legislative Updates

This school year has begun with a number of changes related to teacher tenure, evaluations, and dismissals. On August 4, 2023, Governor Pritzker signed into law Public Act 103-0500, revising the Illinois School Code provisions…more

Educational Institutions, Hiring & Firing, Illinois, Retirement, Teachers

See all updates »

Kristen Kinast

ISBE Releases Guidance Document on Residential Placements

ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education…more

Disabled Children, Educational Institutions, IDEA, Illinois, Individualized Education Programs (IEPs)

See all updates »

Jenny Lee

FTC Ban on Non-Competes Is Blocked — For Now

Back in April 2024, the Federal Trade Commission (FTC) issued a final rule that would have banned non-compete agreements nationwide as of September 4, 2024. (You can read our alert on the FTC’s final rule here.) However, on…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

See all updates »

Scott Metcalf

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –…more

Municipalities, Power of Appointment, Public Schools, School Boards, School Districts

See all updates »

Koga Ndikum-Moffor

OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior

On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students…more

Department of Education, Disabled Children, Disciplinary Proceedings, Educational Institutions, Free Appropriate Public Education (FAPE)

See all updates »

Jamar Orr

Final Title IX Rule on Sexual Harassment Released Today

Earlier this morning, the Department of Education Office for Civil Rights released its long-awaited final Title IX regulations on sexual harassment. These new regulations, which replace the 2020 rules, will take effect on August…more

Department of Education, New Regulations, OCR, Sex Discrimination, Sexual Harassment

See all updates »

Jason Patterson

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The…more

Browning-Ferris Industries of California Inc., Comment Period, Employer Liability Issues, Federal Labor Laws, Joint Employers

See all updates »

James Petrungaro

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –…more

Municipalities, Power of Appointment, Public Schools, School Boards, School Districts

See all updates »

William Pokorny

5th Circuit Strikes Down 2021 Tip Rule

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a 2021 regulation by the U.S. Department of Labor restricting employers’ use of the tip credit for tipped employees under the Fair Labor Standards Act. The…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Hospitality Industry, Minimum Wage, Restaurant Industry

See all updates »

John Relias

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. Veazey,…more

Appeals, Article III, Back Pay, Board of Education, Educational Institutions

See all updates »

Sally Scott

Appellate Court Rules on COVID-19 Mitigation TRO

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 one…more

Appeals, Coronavirus/COVID-19, Critical Infrastructure Sectors, Educational Institutions, Health and Safety

See all updates »

Emily Selig

Federal Court Upholds School Board’s Enforcement of Public Comment Decorum Rules

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 meetings…more

Appropriate Business Decorum, Board Meetings, Equal Protection, First Amendment, Masks

See all updates »

Jennifer Smith

School Board Election Season Begins August 20, 2024

Thanks to a recent legislative change, the campaign season for those wishing to run for the school board now begins about a month earlier. Historically, the window set forth in the Election Code for filing nominating petitions…more

Board Members, Election Laws, Illinois, School Boards, School Districts

See all updates »

Melissa Sobota

Governor Pritzker Vetoes HB 2778; Announces Collaborative Initiative to Provide Paid Leave for Vaccinated School District, Public University and Community College Employees

Illinois Governor J.B. Pritzker released an official statement this week vetoing HB 2778 and announcing in its place a joint initiative reflecting a compromise with the Illinois Federation of Teachers, the Illinois Education…more

Colleges, Coronavirus/COVID-19, Governor Pritzker, Governor Vetoes, Infectious Diseases

See all updates »

Tracey Truesdale

NLRB General Counsel Enters the Fray on Non-Competes, Declaring They May Violate Federal Labor Law

For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may work…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Intellectual Property Protection

See all updates »

Emily Tulloch

One Month In – Title IX Update

We are nearly at the one-month mark with the 2024 Title IX Regulations in effect. Since the August 1 implementation date, school administrators have been busy getting trained, preparing for the school year ahead, and sorting…more

Educational Institutions, Grievance Process, New Regulations, Regulatory Requirements, Sex Discrimination

See all updates »

Kathryn Vander Broek

Illinois Supreme Court: IFT Lobbyist Entitled to TRS Pension for One Day of Substitute Teaching

In a split decision issued earlier this month, a majority of the Illinois Supreme Court held that a career lobbyist for the Illinois Federation of Teachers (IFT) union who worked one day as a substitute teacher could receive a…more

Constitutional Challenges, IL Supreme Court, Lobbying, Pensions, Retirement Plan

See all updates »

Erin Walsh

Governor Signs Legislation Clarifying Health Care Right of Conscience Act Does Not Apply to COVID-19 Safety Measures

This week, Governor Pritzker signed Senate Bill 1169 into law, clarifying the legislative intent of the Health Care Right of Conscience Act (HRCRA) to allow employers the right to “take any measure or impose any…more

Coronavirus/COVID-19, Employer Mandates, Governor Pritzker, New Legislation, Right of Conscience

See all updates »

Michael Warner Jr.

FTC Ban on Non-Competes Is Blocked — For Now

Back in April 2024, the Federal Trade Commission (FTC) issued a final rule that would have banned non-compete agreements nationwide as of September 4, 2024. (You can read our alert on the FTC’s final rule here.) However, on…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

See all updates »

Kendra Yoch

Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities

In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure to…more

Disabled Children, Educational Institutions, Equal Protection, Negligence, School Districts

See all updates »

Franczek P.C.

"My best business intelligence, in one easy email…"

"My best business intelligence,
in one easy email…"