School Law Advisor Blog

Client Alert--7th Circuit Holds Indiana Reduction in Force Law Unconstitutional

The 7th Circuit Federal Court has upheld a lower court opinion finding that an Indiana law which is very similar to Illinois' law on reductions in force (known as "SB7" or "Public Act 97-8") is unconstitutional.  In Elliott v. Board of School Trustees of Madison Consolidated Schools, No. 16-4168 (7th Cir.

School District Prevails on Tort and Contract Claim in Bullying Case, but Court Notes Discretionary Responsibility for School

In a case filed and litigated before the implementation of the new student disciplinary law (SB100 or Public Act 99-456), Mulvey v. Carl Sandburg High Sch., 2016 IL App (1st) 151615, the court analyzed whether a school district had tort liability due to alleged bullying, and whether an bullying prevention policy and a progressive disciplinary policy created an enforceable contract with a parent and child when the child was allegedly bullied. 

Local Government Travel Expense Control Act

On July 22, 2016, Governor Rauner signed the Local Government Travel Expense Control Act, which requires all local public agencies to regulate the reimbursement of all travel, meal, and lodging expenses of its officers and employees.  The Act applies to all local public agencies, including: school districts, community college districts, or units of local government.

Special Education Update - Avoiding Predetermination Claims

          While the IDEA and courts show deference to educators as the experts in educational strategies, methodology, and program development, the IDEA requires districts to ensure that the parents of each child with a disability are members of any groups that makes decisions about their child's educational placement.  Smart IEP Teams are always actively avoiding predetermination, and know that predetermination occurs when district

Accessibility Check for District Websites

          School districts should be aware of the increasing number of complaints received by the Office for Civil Rights questioning the accessibility of websites and web content for individuals with disabilities.  These investigations have found issues with district websites not providing images with alternative texts, not being accessible to individuals with vision impairments, and not working with assistive technologies.