In a recent Illinois Appellate Court decision, the Court held that a public body was in violation of the Open Meetings Act (OMA) where the public body failed to include the key terms in its public recital approving two action...more
One of the most legally perilous jobs of a school board is to preside over the public participation portion of a meeting. The key for a board is to balance its need to run efficient and orderly meetings with the ability of...more
The Public Access Counselor (PAC) division of the Attorney General’s Office recently held that the reduction in force joint committee (the “Joint Committee”) was subject to the requirements of the Open Meetings Act (OMA)....more
On August 25, 2016, Governor Rauner signed into law Public Act 99-890, which is the result of an effort by the education community to temper the effect of the recent Supreme Court decision in Gurba v. Community High School...more
Recently, the Illinois Appellate Court (First District) issued its decision in Better Government Association v. Illinois High School Association and Consolidated High School District 230 affirming the lower court’s dismissal...more
An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s...more
Last year, an Illinois Circuit Court overturned a Public Access Counselor opinion that found that the Board of Education of Springfield School District No. 186 violated the Open Meetings Act when it voted on the separation...more
The PAC recently issued a binding opinion finding that the office of Illinois Governor Bruce Rauner violated the requirements of the Freedom of Information Act by delaying its response to a FOIA request, and improperly...more
In October, the PAC released a written response to a FOIA request that it denied because it would be unduly burdensome under Section 3(g) of FOIA. 5 ILCS 140/3(g). The request asked for “Public Access Counselor determinations...more
On September 24, 2015, the Illinois Supreme Court reaffirmed the adage that “a picture is worth a thousand words” in holding that Community High School District No. 155’s bleacher construction project is subject to and must...more
9/29/2015
/ Amicus Briefs ,
Construction Industry ,
Construction Project ,
Educational Institutions ,
IASB ,
IL Supreme Court ,
Industrial Stormwater Rule ,
Jurisdiction ,
Land Use Restrictions ,
School Districts ,
Zoning Laws
The Illinois Attorney General’s Public Access Counselor (PAC) issued a non-binding opinion that provides guidance on what constitutes a school student record as provided in the Illinois School Student Records Act (ISSRA) and...more
The PAC recently issued a binding opinion ruling against a local village board for failing to provide proper notice and state a valid exception to enter closed session in violation of the Open Meetings Act (OMA).
In PAC...more
In working with school districts and charter schools, our firm has learned that many clients may have entered into agreements that lack key contract terms necessary to protect student data privacy. In other cases, we have...more
The Illinois Attorney General’s Public Access Counselor (PAC) issued two non-binding opinions in July related to the Open Meetings Act (OMA). In one opinion, the PAC found that a school district did not violate the OMA when...more
In a non-binding opinion, the Public Access Counselor (PAC) held that a school district violated the Open Meetings Act (OMA) when the board’s negotiations team, which included three board members, held a meeting to discuss...more
In June, the Public Access Counselor (PAC) issued a non-binding opinion holding that board members of a school district did not violate the Open Meetings Act (OMA) when partaking in intermittent private email exchanges...more
As we reported in our 2014 Legislative Update, a recent law requires every school district that maintains a traditional website to post on that website a mechanism for members of the public to electronically communicate with...more
The Illinois Association of School Boards (IASB), the Illinois Association of School Business Officials (IASBO), and the Illinois Association of School Administrators (IASA) recently retained Franczek Radelet to prepare an...more
Last September in this Alert, we discussed an opinion in which the Second District Appellate Court ruled that Community High School District 155 was subject to the zoning regulations of the City of Crystal Lake, a home rule...more
Effective immediately, the General Assembly overrode the Governor’s veto to approve new amendments to the FOIA, which are designed to reduce the burden on public bodies. Public Act 98-1129 provides the following: 1) a...more
An Illinois Circuit Court recently overturned a Public Access Counselor opinion. The Court held, contrary to the PAC, that the Board of Education of Springfield School District No. 186 did not violate Section 2(e) of the Open...more
The Public Access Counselor (PAC) in the Illinois Attorney General’s office recently issued a binding opinion regarding public participation in meetings held by public bodies.
Section 2.06(g) of the Open Meetings Act...more
Recently, an appellate court in the Fifth District upheld a countywide sales tax implemented through the School Facility Occupation Tax Law. In doing so, the Court denied relief to an Open Meetings Act (OMA) challenge due to...more
In This Update:
- Administration
..School as Polling Place
..Student Discipline Study
..Destruction of Public Records
..Sale of Personal Information
..DCFS Guardianship
..Children of...more
On September 4, 2014, the Illinois Attorney General’s Office released a binding opinion through its Public Access Counselor (PAC) that public bodies cannot require speakers to provide personal information such as a home...more