News & Analysis as of

Board of Education Freedom of Information Act

Franczek P.C.

PAC Upholds School Board’s Limitation on Public Comment Duration

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In a recent decision, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—found that a board of...more

Pullman & Comley - School Law

So You Want To Hire A New Superintendent: What Does The FOIA Permit (And Require)?

We are approaching a time of year where a board of education may have to deal with its long time and (hopefully) beloved superintendent deciding to retire or otherwise move on to another chapter in his or her life. Any...more

Pullman & Comley - School Law

UNDERSTANDING CONNECTICUT’S FOIA: Electronic participation by board members at meetings: When and how it can be “legal”?

A common problem for boards of education is getting enough members in attendance at a board meeting in order to have a quorum (usually, a majority of the board). There may be times when a board member wishes to participate...more

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ISBE Updates Special Education Notice of Procedural Safeguards

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The Illinois State Board of Education (ISBE) issued a revised version of its Notice of Procedural Safeguards for Parent/Guardians with Disabilities shortening the time for response to a student records request unless an...more

Pullman & Comley - School Law

Drafting Agendas: Three Reasons to be More Specific than “Attorney-Client Privileged Communication – Executive Session...

One of the most regularly used reasons to enter executive session is to discuss a matter that would result in the disclosure of communications that are privileged by the attorney-client relationship. The agenda item often...more

Pullman & Comley - School Law

Attorneys Are Not So Special After All: The FOIA and the Need for Specific Agenda Items

Generally, Connecticut’s Freedom of Information Act [“FOIA”] requires that a public agency preparing an agenda/posting for a meeting ensure that each agenda item is specific enough to apprise the public of the action...more

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California Court: School Districts Cannot Prevent Posting of Videos of Open Board Meetings

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Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more

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2015 Legislative Update: Summary Of Changes In School Law

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ADMINISTRATION - LALI’S LAW (HEROIN CRISIS ACT) - Public Act 99-0480 - Effective Date: September 9, 2015 - School districts, public schools, or nonpublic schools may now authorize a school nurse or trained...more

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PAC Opinion Finds Municipal Bank Account Numbers Subject to FOIA

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Earlier this year, the Public Access Counselor (PAC) issued an under-the-radar advisory opinion that could have an impact on responses to Illinois Freedom of Information Act (FOIA) requests. According to the non-binding...more

Pullman & Comley - School Law

Everything That You Ever Wanted to Know About The Attorney-Client Privilege and The FOIA But Were Afraid to Ask: The Latest

As a self-described FOIA nerd, I have written in these pages about issues pertaining to the effect of the Freedom of Information Act [“FOIA”] on the attorney-client privilege (and vice versa). In a plethora of recent...more

Pullman & Comley - School Law

When a Meeting is Not a Meeting, at Least According to the FOIC

Most public entities are now intimately familiar with the long reach of the Freedom of Information Act (“FOIA”) into the conduct of agency meetings. A recent case from the Freedom of Information Commission (“FOIC”) reminds...more

Pullman & Comley - School Law

Warning-Your E-mail Just Became a Meeting: Mauer v. Member, Board of Education, Regional School District No. 1 and The Dangers of...

Often times, I will warn school board members against the use of e-mail to conduct board business. My primary concern is that such e-mails could be deemed to constitute an illegal un-noticed/non-public meeting, in violation...more

Pullman & Comley - School Law

The FOIA and Superintendent Evaluations: Toensing and The Various Components of The Evaluation

When evaluating superintendents of schools, school boards usually seek to synthesize the views of individual board members into a collective voice for the board. In Toensing v. Chairman, All Boards Chairs Committee, Regional...more

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