School Law Advisor Blog

New Statutes Requiring Your Attention and Action

As we have reviewed in prior updates, there were many new statutes that impact school districts enacted in 2021, and many of those statutes require school districts to take action in 2022. While there will undoubtedly be several policy updates still to come from these legislative changes, the statutes highlighted below require specific additional actions:
 

School Response to a Pandemic Disease Such as Coronavirus

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This page is now archived.  It remains available for informational purposes.  If you have questions about what was learned during the pandemic, please contact our attorneys for more information. 
 
As anyone who worked in or near schools during the pandemic knows, the target was constantly moving and the information coming at schools was tremendously complex.  Miller, Tracy, Braun, Funk & Miller, Ltd. tried to be useful as a resource to schools, providing real-time distillation of complicated information.  Everything you will find below is now out of date.  However, we hope that review of its contents during a school crisis in the future may be instructive to future educators about management of a crisis.
 
And, of course, we hope management of such a crisis will never be needed again.
 
 
TRO Vacated by the Supreme Court:
 
The Supreme Court of Illinois has vacated the February 4, 2022 Temporary Restraining Order issued by Judge Grischow in both the student and employment cases before the Sangamon County Circuit Court.
 
 
The Court denied the Attorney General's appeal, but ruled that because the Appellate Court found the TRO to be moot, the TRO must therefore be vacated: "In the exercise of this Court’s supervisory authority, the February 4, 2022, temporary restraining order is vacated. (See, e.g., Felzak v. Hruby, 226 Ill.2d 382, 394 (2007) (when an appeal is rendered moot through happenstance, the judgments of the courts below are vacated).) The matter is remanded to the Circuit Court of Sangamon County."
 
The underlying case remains before Judge Grischow in Sangamon County.
 
Attorneys at Miller, Tracy, Braun, Funk & Miller, Ltd. are available to discuss questions as may arise.
 
 
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Judge Grischow issued a Temporary Restraining Order against all defendants including the named school districts, ISBE, IDPH, and Governor Pritzker in both the student and employment cases before the Sangamon County Circuit Court.
 
 
Attorneys at Miller, Tracy, Braun, Funk & Miller, Ltd. are available for client-specific counsel on the matters.
 
The state has already moved to appeal the TRO and has asked the Court for a stay in the meantime.  No ruling has occurred yet as of 10:30 a.m. February 7, 2022.  
 
 

Attorney General holds remote meeting permissible when public refused to comply with safety guidelines

The Attorney General’s Office on December 14, 2021 issued a binding opinion, No. 2021-011, regarding the Open Meetings Act for one of our school districts. The opinion found the District did not violate the Open Meetings Act when it chose to hold a school board meeting remotely.

OSHA Rules

With the State's vaccine and testing mandates fights, it may be easy to overlook the federal mandate which is also impending.  
OSHA issued rules November 5 which intended to require employers of 100 or more staff to be vaccinated or submit to weekly testing.  

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