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
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
6/28/2023
/ Department of Education ,
Educational Institutions ,
Equal Access ,
ESEA ,
Every Student Succeeds Act (“ESSA”) ,
First Amendment ,
Kennedy v. Bremerton School District ,
Prayer ,
Religious Expression ,
School Districts ,
Students ,
Teachers
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
6/29/2022
/ Adverse Employment Action ,
Coaches ,
Constitutional Challenges ,
Educational Institutions ,
Employment Discrimination ,
Establishment Clause ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Kennedy v. Bremerton School District ,
Prayer ,
Public Employees ,
Religious Expression ,
School Districts ,
SCOTUS ,
The Lemon Test
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
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
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
2/18/2022
/ Appeals ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Mootness ,
Personal Protective Equipment ,
Risk Mitigation ,
School Policies ,
Students ,
Teachers ,
TRO ,
Workplace Safety
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
2/16/2022
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Quarantine ,
School Policies ,
Students ,
Teachers ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
2/7/2022
/ Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Motion To Enjoin ,
Personal Protective Equipment ,
School Districts ,
Students ,
Teachers ,
TRO ,
Workplace Safety
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
1/14/2022
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
ISBE ,
New Guidance ,
Public Health ,
Re-Opening Guidelines ,
Social Distancing ,
Students ,
Vaccinations ,
Virus Testing
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
9/28/2021
/ Contact Tracing ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
ISBE ,
New Guidance ,
Re-Opening Guidelines ,
Risk Mitigation ,
Screening Procedures ,
Students ,
Teachers ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
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
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
10/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Guidance Update ,
Infectious Diseases ,
Public Health Emergency ,
Public Schools ,
School Closures ,
Students ,
Virus Testing
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
On August 10, 2020, the Illinois Association of School Boards issued an important PRESS policy update. Although PRESS updates are often significant, this update, which addressed important issues ranging from supporting...more
Section 50.100 of the ISBE teacher evaluation regulations requires that teachers who are to be evaluated during the upcoming school term be notified that they will be evaluated and provided with certain information regarding...more
On August 12, 2020, the Illinois Department of Public Health (IDPH) issued a “Frequently Asked Questions (FAQ)” for Schools.” In a statement by the Illinois State Board of Education (ISBE) to stakeholders that same day, ISBE...more
8/14/2020
/ Contact Tracing ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
ISBE ,
Personal Protective Equipment ,
Public Health ,
Re-Opening Guidelines ,
Section 504 ,
Special Education ,
State Health Departments ,
Students
ISBE released a comprehensive guidance document today with learning recommendations for the return to school this fall. In a letter introducing this document...more
The Illinois General Assembly was busy during its recent special session, passing a number of bills addressing important concerns for local governments and schools during the COVID-19 public health crisis....more
On May 15, 2020, ISBE issued the first part of its recommendations for transitioning to in-person instruction, Considerations for Closing the 2019-20 School Year & Summer 2020: Part 1 – Transition Plan. The plan contains a...more
The U.S. Department of Education’s Student Privacy Policy Office (SPPO) recently reminded school districts and schools that receive funds from the Department to review and, if necessary, revise policies, procedures, and...more
We understand that certain transportation vendors are claiming that the recently passed CARES Act requires full or nearly full payment from school districts even if no transportation services are provided during school...more
We know that many school districts and schools are using education technology tools to provide crucial remote learning opportunities and to stay connected with students. These tools will prove even more essential as we move...more
Although Act of God days between March 17 and March 30 will not be made up and are not instructional days, “the employer can expect school district employees to participate in work activities,” including stipend work, “in...more
Governor JB Pritzker’s recent order that all K-12 schools in Illinois be closed between March 17 and March 30 has left school districts scrambling to prepare to close school tomorrow. On Saturday, March 14, ISBE updated its...more
3/17/2020
/ Act of God ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Educational Institutions ,
IEA ,
Infectious Diseases ,
ISBE ,
Public Health ,
School Closures ,
School Districts ,
Special Education ,
Students ,
Wage and Hour