School Law Advisor Blog

Responding to Organized Protests at School

In the wake of a number of recent violence and threats of violence at schools around the country, schools may be fielding concerns about organized protests and other responses to tragedies.  While concerns over disruption and practical matters over how to implement the educational program are ongoing, schools should be careful to consider the Constitutional rights of students and staff who may choose to participate in organized action, protests, or other speech.  Particularly in Illinois, where, in addition to the constitutionally protect rights of individuals to engage in peaceful protest,

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.

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