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How to Identify State Action in the Context of Public Officials Using Social Media

Social media has given public officials the ability to share information quickly and easily with their constituents and followers, even on their own personal Facebook and other social media accounts. When using a personal...more

Teacher Tenure, Dismissal and Evaluation Legislative Updates

This school year has begun with a number of changes related to teacher tenure, evaluations, and dismissals. On August 4, 2023, Governor Pritzker signed into law Public Act 103-0500, revising the Illinois School Code...more

Department of Ed Releases Post-Kennedy Guidance on Religious Expression in Public Schools

In May 2023, the Department of Education issued guidance on the current state of the law regarding constitutionally protected prayer and religious expression in public schools. Last updated in 2020, the guidance incorporates...more

Supreme Court rules in favor of football coach who prayed on field after games

On Monday June 27, the Supreme Court issued their ruling in the case Kennedy v. Bremerton School District. (We previously reported on this case.) In a 6-3 decision penned by Justice Neil Gorsuch, the conservative majority...more

COVID-19 Paid Leave Law: FAQ

The COVID-19 paid leave law has raised both legal and practical questions for school administrators. To further assist with following the mandates of the law, we have prepared a model form that schools can use when receiving...more

Under Governor Pritzker’s March 4 Executive Order, School Staff Vaccination/Weekly Testing Requirement Continues, But Exclusion...

On March 4, 2022, Governor Pritzker issued Executive Order 2022-07 which has implications for Illinois schools as they continue to grapple with this phase of the  COVID-19 pandemic. Most notably, the latest Executive Order...more

State Defendants Appeal COVID-19 TRO to the Illinois Supreme Court

In the wake of last week’s Appellate Court ruling, Governor Pritzker and the other state defendants have taken their appeal of the February 4, 2022 TRO regarding school COVID-19 mitigation measures to the Illinois Supreme...more

Appellate Court Rules on COVID-19 Mitigation TRO

Just before midnight yesterday, the Appellate Court issued its decision on the appeal of the February 4, 2022 TRO enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. With...more

JCAR Decision Adds Further Uncertainty to Already Complex Situation on School Masking and Quarantine Rules

Since yesterday, there have been many reports about the Joint Committee on Administrative Rules (JCAR) vote against extending IDPH Emergency Rules regarding masking, vaccine and testing requirements in schools. This has...more

What to Expect This Week Following Mask Mandate TRO

On Friday, a court ruling in Springfield resulted in a temporary restraining order enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. Approximately 150 of Illinois’ 840...more

Governor, IDPH, and ISBE Shorten Isolation and Quarantine Timeframes and Release Updated Guidance Documents

After announcing last week its plans to adopt the CDC’s new recommended shortened timeframes for exclusion, the IDPH and ISBE released several new guidance documents making such changes. The new guidance documents, as well as...more

ISBE and IDPH Update COVID-19 School Guidance

New Guidance Documents: - The Illinois State Board of Education (ISBE) and Illinois Department of Public Health (IDPH) recently issued the following updated guidance documents related to return to in-person instruction...more

Governor’s Executive Order Requiring Exclusion of Students and School Personnel

Late Friday, Governor Pritzker issued Executive Order 2021-24 requiring schools to exclude students and school personnel for COVID-19 diagnosis, exposure, or symptoms. School districts, not the local health department, are...more

Governor Pritzker’s Vaccine Mandate for Pre-K-12 School Personnel

Governor Pritzker has ordered a vaccine mandate for all teachers and staff at pre-K-12 schools, as well as students and personnel at higher education institutions. Under the Executive Order, all pre-K-12 school personnel must...more

Vaccine Mandate

Earlier yesterday Governor Pritzker announced a mandate for all teachers and staff at pre-K-12 schools, as well as students and personnel at higher education institutions, to be vaccinated. ...more

Illinois Adds Vaccine Exception to Mask and Social Distancing Rules

On May 13, 2021, the U.S. Centers for Disease Control and Prevention issued updated guidance advising that fully-vaccinated people no longer need to wear a mask or physical distance in any setting, except where required by...more

New IHRA Amendments Severely Limit Employers’ Ability to Consider Criminal Background

On March 23, 2021, Governor Pritzker signed into law amendments to the Illinois Human Rights Act (IHRA) that substantially limit employers’ ability to consider an applicant or employee’s criminal history. ...more

State Legislature Passes Black Caucus Education Bill

After months of hearings on educational policies aimed at addressing racial inequities in education and a short lame duck session, the Black Caucus’s education bill has passed both houses and now awaits the Governor’s...more

IDPH Updates FAQ for Schools

As the understanding of COVID-19 grows, the guidance from public health authorities continues to develop. After issuing various updates to its guidance for schools over the past weeks, IDPH has now revised its FAQ for Schools...more

Coming Soon? Districtwide COVID-19 Testing for K-12

COVID-19 saliva tests have been used as one tool to slow the spread of coronavirus—notably on college campuses. Soon, several saliva tests will be available to K-12 schools. The availability of such tests prompts several...more

IDPH and CDC Update Guidance on School Exclusions and Close Contacts

The Illinois Department of Public Health (IDPH) has again updated its COVID-19 Interim Exclusion Guidance as well as its general Interim Guidance for Pre-K-12 Schools. The updated guidance documents include several revisions,...more

They Said What? First Amendment Issues in 2020 [Audio]

A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more

COVID School Landscape [Audio]

In this episode, we discuss the most top-of-mind issues and lessons learned from the COVID-19 crisis....more

After Franczek Request, ISBE Emergency Rule Alleviates Staffing Pressure

Our Franczek team received many inquiries about staffing options for classrooms where the teacher of record is teaching remotely. While many districts are staffing these classrooms with licensed paraprofessionals, the...more

Leadership in the Time of COVID [Audio]

School leaders have always served a crucial role in communities, and we can’t imagine anyone managing the Coronavirus crisis without them. In this episode, our regular attorney panelists Shelli Anderson, Nicki Bazer, Jennifer...more

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