Continue to Prioritize FMLA Obligations
During the 2022 legislative session, the Illinois General Assembly passed two laws specifically relating to leave available to school employees.
Education Law
Pregnant Workers Fairness Act
Embedded within the federal omnibus spending bill approved by Congress and signed into law by President Biden on December 23, 2022 was the new Pregnant Workers Fairness Act. This new law creates federal protections for pregnant employees. Specifically, the statute declares that it is an unlawful employment practice to:
Organizational Meeting Deadline Extended
Giving school boards a little more flexibility in scheduling their organizational meeting after the April election, PA 102-798 provides that a school board’s organizational meeting must take place within 40 days of the election, rather than 28 days. For 2023, that means that the deadline for the board’s organizational meeting is pushed back to May 14, 2023.
What to Expect After PA 102-702
Beginning July 1, 2023, there will be significant changes to the requirements for hiring new employees, both for school districts and contractors who work for school districts. These changes will require substantial preparation. Specifically, the changes create new requirements for background checks and employment verification for all persons hired by school districts or contractors who work directly with children beginning July 1, 2023, incl
District Employees and the First Amendment
An interesting case recently came out of the Ninth Circuit Court of Appeals—Dodge v. Evergreen Sch. Dist., No. 21-35400 (9th Cir. Dec.
Ninth Circuit Affirmed Summary Judgment for School District in Challenge to Student Expulsion on First Amendment Grounds
In Chen v. Albany School District, the 9th Circuit affirmed the District Court’s decision, rejecting First Amendment free speech claims of students against the school and school officials after students were disciplined for what they alleged to be private, off-campus, social media posts.
Subpoena Compliance in light of ISSRA
As instances of litigation have increased over the past couple of years, it is important for schools and school administrators to understand their duty to comply with subpoenas. Failure to comply can result in both civil and criminal contempt. While compliance can be time consuming and frustrating, it is a necessary function of litigation. Additionally, a failure to comply only lengthens and complicates the litigation.
Maintaining Impartiality in School Investigations
School Districts have many different investigations they must initiate under their policies. What follows is a general reminder for School Districts, irrespective of the type of investigation, to ensure equitable treatment of both parties and maintain impartiality.
Mandated Reporter Pool Grows in 2023
Effective January 1, 2023, the Illinois Abused and Neglected Child Reporting Act (“the Act”) has expanded the pool of persons required to report suspected child abuse to DCFS. The Act now identifies physical therapists, physical therapy assistants, occupational therapists, occupational therapy assistants, and athletic trainers as mandated reporters.