School Law

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

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.

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.  
 
 

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