Aug 31, 2020
by Christine Self The opening of the 2020-2021 school year looks very different than previous school years for many school districts, students, and families. While some school districts are starting the school year fully in-person, others are opting for a fully virtual return to school, offering a hybrid schedule, or offering options for families to choose between some combination of those. As schools reopen in these varied formats, parents may be requesting leave from their employers under the Families First
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Jul 24, 2020
by Adam Henningsen The U.S. Supreme Court recently issued an important decision concerning the “ministerial exception” to federal employment discrimination laws. The ministerial exception is a legal doctrine that protects religious entities from being sued for alleged discrimination. Courts generally refrain from adjudicating matters involving employment decisions regarding employees who perform certain functions for churches and other religious institutions. This “ministerial exception” comes from the First Amendment principle that governmental regulation of church administration, including the appointment of ministers, impedes
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Jun 17, 2020
by Rob Jackstadt On June 12, 2020, Governor J.B Pritzker inked Senate Bill 2135 which permits School Boards to conduct remote open and closed meetings under certain circumstances. Boards of Education may hold public meetings and conduct public business remotely if (a) the Governor or the Director of the Illinois Department of Public Health has issued a disaster declaration related to public health concerns and (b) the Board President determines that meeting in-person in not practical or prudent because of
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May 26, 2020
by Merry Rhoades The Illinois General Assembly, at its May 22, 2020 Special Session, relieved administrative burdens on special educators. Below is a summary of changes to Sections 14-8.02f and 14-8.02h of the Illinois School Code: Changes to Section 14-8.02f
- Starting July 1, 2020, any evaluation report or data collected to be considered at an eligibility meeting or IEP review meeting is to be provided 3 school days prior to the scheduled IEP meeting. For a student previously determined
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May 11, 2020
On May 6, 2020, the U.S. Department of Education (“ED”) released the final Title IX regulations (“Final Rule“). The implementation date for the Final Rule is August 14, 2020. While discussion about the Title IX regulations has largely centered on colleges and universities, the changes will also impact how K-12 districts in Illinois should respond to students’ reports of sexual assault and harassment under Title IX. Below are some of the key Title IX provisions
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May 1, 2020
by Elizabeth Kelly On April 30, 2020, Governor Pritzker issued Executive Order 2020-32, which formally extended Illinois’ Stay-at-Home Order through May 30, 2020. Additionally, he issued Executive Order 2020-33, which extended previous executive order directives, such as the relaxation of the Open Meetings Act in-person attendance rules, teacher licensure renewal timelines, and the suspension of in-person school instruction. Below is an outline of some key provisions of the new Stay-at-Home Order that
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Mar 23, 2020
Executive Order 2020-07, issued on March 16, 2020, suspended key elements of the OMA regarding board member attendance and participation at public meetings. Normally, the Open Meetings Act requires that a majority of a quorum be physically present at all meetings. Additionally, it places strict conditions on when a board member may participate in a meeting remotely. However, Executive Order 2020-07 has temporarily suspended both of these rules. Therefore, until April 8, 2020, all board members are permitted to participate
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Mar 20, 2020
On March 18, 2020, President Trump signed into law the “Families First Coronavirus Response Act.” This law, among other provisions, expands rights to Family and Medical Leave Act (“FMLA”) leave and provides for paid leave for employees impacted by COVID-19. This update provides guidance about provisions specific to public education employers. The provisions discussed in this update all sunset on December 31, 2020. These provisions go into effect on April 1, 2020. The law directs the Department of Labor (“DOL”)
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Jan 23, 2020
by Betsey Mooney and Kate Nash On Wednesday, January 16, 2020, the Department of Education published a Notice of Proposed Rulemaking regarding the eligibility of faith-based institutions for departmental grants. This proposed rule is the official document outlining the agency’s plan to revise its current regulations. Following its publication in the Federal Register, a thirty-day period opens in which members of the public may submit comments on the proposed revisions. The comments are made available for the
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Dec 10, 2019
Tueth Keeney attorneys join Regional Office of Education #13 (“ROE 13”) presenting Administrator Academy #686: Legal Implications of the Use of Technology in the School District. Merry Rhoades, Shane Jones, Adam Henningsen, and Elizabeth Kelly will discuss the legal implications related to the use of technology in schools by students and employees. Topics to be discussed will include how courts address technology in the school environment, particularly under the First and Fourth Amendment to
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Robert L. Jackstadt
Merry Rhoades
Laura E. Hemmer
Elizabeth J. Mooney
Kate L. Nash