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 Everything you will find below is now out of date.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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Appeal denied as moot: https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources...(4th)%20220090-U.pdf
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.
Managing an Open Meeting Effectively
As schools have become the center of much public and political debate, Boards are well-advised to consider careful and appropriate measures to keep their meetings safe and well-organized. We have 10 quick tips for improved meeting management:
Updated Title IX Regulations Regarding Sexual Harassment Investigations
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School Law Issues Carrying Over
Despite these new requirements, there are also several legal changes from the last year that will be fully implemented in the 2020-2021 school year that may require changes to policy (if not already), handbooks, and practice:
Tenured Teacher Dismissal for Cheating on Statewide Testing Affirmed by Illinois Appellate Court
In a divided decision of the Third District Illinois Appellate Court, the Court upheld a Board's decision to terminate a tenured teacher after a Hearing Officer found insufficient evidence to affirm the Board's dismissal of the teacher.
Thinking About Anti-Racism Next Steps
As school districts consider how to concretely address some issues of racism in public education, there are some existing legal requirements in Illinois that can be used to start action.
Governor Pritzker signed PA 101-643 on June 18, 2020, As Well as Others New Laws
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.
MTBFM at III
The attorneys at Miller, Tracy, Braun, Funk & Miller, Ltd. will be presenting at III Joint Annual Conference at the following locations and times:
Welcome to our new website
Welcome to our new and vastly improved website. Have a look around – we hope our new format will be not only easier to follow for you, but also more conducive to how you work. We will continue to post our School Law Advisor newsletters when big changes are happening, and we hope our new blog format will serve to keep you better updated, and give you a reason to keep coming back here.