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
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
9/21/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Quarantine ,
Sick Employees ,
Students ,
Teachers ,
Workplace Safety
Last week, ISBE published Emergency Rules regarding Mandatory Vaccinations for School Personnel. The Emergency Regulations clarify the requirements under Governor Pritzker’s Executive Order 2021-22. ...more
9/20/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Teachers ,
Vaccinations ,
Workplace Safety
Earlier last week, on June 1, 2021, Governor J.B. Pritzker re-issued and amended Executive Order 2020-47 to provide more flexibility to preK-12 schools seeking to offer full-time in-person instruction. The order allows...more
6/8/2021
/ Coronavirus/COVID-19 ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Public Gatherings ,
Public Health ,
Re-Opening Guidelines ,
School Closures ,
Students ,
Teachers ,
Vaccinations
A little over a year ago, in Dynak v. Board of Education of Wooddale School District 7, the Illinois Supreme Court put to rest the argument about the timing of paid sick leave related to the birth of a child under Section...more
In a recent Illinois case, the Second District Appellate Court affirmed a school board’s termination of a tenured teacher who sexually harassed students on the girls’ track team he coached. The students alleged that the...more
In this episode, we discuss the most top-of-mind issues and lessons learned from the COVID-19 crisis....more
10/8/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Crisis Management ,
Health and Safety ,
Infectious Diseases ,
Remote Learning ,
School Districts ,
School Policies ,
Students ,
Teachers ,
Universities
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
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
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
The Illinois Appellate Court recently affirmed the dismissal of a tenured fifth-grade teacher accused of intentionally breaking the seals on standardized test booklets to help students cheat on the test....more
On August 27, 2019, Governor Pritzker signed into law Public Act 101-0591, which added Section 24A-5.5 to the School Code. Section 24A-5.5 requires school districts to create an appeals process for teachers who receive...more
Since the first reported case of coronavirus disease 2019 (COVID-19) in Wuhan, China, on December 31, 2019, school districts in Illinois have been preparing for a potential outbreak within the state. In so doing, school...more
3/12/2020
/ Absenteeism ,
Best Practices ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Educational Institutions ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Students ,
Teachers ,
Workplace Safety
With the end of the school year slowly approaching, remember that any recommendations to non-renew a probationary teacher’s employment for the next school year must likely be acted upon at the board’s March or April meeting. ...more
A recent Illinois State Board of Education hearing officer decision upheld the dismissal of a tenured teacher who engaged in off-topic rants in the classroom, stored pornographic images on a district laptop, and refused to...more
2/6/2020
/ Educational Institutions ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Policies ,
Fitness for Duty Exams ,
Hiring & Firing ,
Mental Health ,
Professional Disciplinary Actions ,
Required Documentation ,
Risk Management ,
Teachers ,
Tenure
In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for...more
1/22/2020
/ Adverse Employment Action ,
Appeals ,
Board of Education ,
Defense Strategies ,
Disciplinary Proceedings ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Insubordination Policy ,
Public Schools ,
School Boards ,
Teachers ,
Tenure ,
Wrongful Termination
Decisions on reductions in force in school districts are not common in Illinois, so a recent opinion from the Fourth District Appellate Court warrants brief mention. The issue in a recent case, Nafziger v. Board of Education...more
On August 27, 2019, Governor Pritzker signed into law Public Act 101-0591 (formerly Senate Bill 1213), creating an appeals process for teachers who receive unsatisfactory summative ratings. Beginning with the 2019-2020 school...more
On the heels of a movement fueled by the Illinois teachers unions, the Illinois House and Senate passed a bill, Senate Bill 1814, which includes a House Amendment that will repeal the current 3% salary cap for Teachers...more
As we discussed in an alert in December, with PERA’s full implementation on September 1, 2016, new tenure rules are in effect in Illinois. ...more
With PERA’s full implementation on September 1, 2016, it is important to remember that all full-time probationary teachers who are first employed with a school district after a district’s PERA implementation date are subject...more