Latest Publications

Share:

One Month In – Title IX Update

We are nearly at the one-month mark with the 2024 Title IX Regulations in effect. Since the August 1 implementation date, school administrators have been busy getting trained, preparing for the school year ahead, and sorting...more

PAC Issues Binding Opinion Regarding Alleged OMA Violations for Improper Board Meeting Action and Remote Participation

The Illinois Public Access Counselor (PAC) issued its seventh binding opinion of the year, finding a Village Board of Trustees violated the Open Meetings Act (OMA) by taking improper action to authorize the purchase of a...more

Legal Challenges to the 2024 Title IX Regulations – What’s Next for Illinois Schools?

Schools throughout the country are preparing to implement the U.S. Department of Education Office for Civil Rights’ (“OCR”) long-awaited final 2024 Title IX regulations. These new regulations, which replace the 2020...more

Final Title IX Rule on Sexual Harassment Released Today

Earlier this morning, the Department of Education Office for Civil Rights released its long-awaited final Title IX regulations on sexual harassment. These new regulations, which replace the 2020 rules, will take effect on...more

PAC Issues Binding Decision Finding OMA Violation for Closed Session Discussions on Curriculum

The Illinois Public Access Counselor (PAC) issued a binding opinion, finding a school board violated the Open Meetings Act (OMA) when it improperly discussed school curriculum during closed session....more

New Operational Funds Expenditure Report Requirement in Effect for 2024-2025 School Year

Over the summer, Governor Pritzker signed Public Act 103-0394, creating Section 17-1.10 of the School Code. The new law requires school boards that do not receive federal impact aid funding to present annually a written...more

Illinois Appellate Court Issues New Ruling Concerning the OMA and FOIA

Early this year, the Illinois Appellate Court issued an opinion responding to challenges asserted under the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA). The Appellate Court held that the Village of Oak...more

Recommended Board Policy Update to Comply with New Competitive Bidding Threshold

As we detailed in a prior alert, Section 10-20.21 of the School Code was amended to increase the competitive bidding threshold from $25,000 to $35,000. The amendments went into effect January 1, 2024....more

School Law Legislative Update: New Laws in Effect for 2024

Franczek P.C. is pleased to announce the publication of its Legislative Update for schools. A PDF version of the 2024 School Law Legislative Update is now available...more

PAC Finds OMA Violation Where Public Comment Impermissibly Limited

In a recent binding opinion, the PAC found a public body in violation of the Open Meetings Act (OMA) for restricting the content of public comment where a member of the public attempted to discuss the District’s hiring...more

PAC Issues Non-Binding Opinions Regarding Applicability of OMA to Board Committees

The Illinois Public Access Counselor (PAC) recently issued two non-binding opinions concerning the applicability of Open Meetings Act (OMA) requirements to board committees....more

FOIA Does Not Require Public Bodies to Compel Production of Third-Party Records

The Illinois Appellate Court recently ruled that the Freedom of Information Act (FOIA) does not obligate a public body to produce records that it does not already maintain in response to a FOIA request. Further, the Court...more

New Law Allows School Districts to Enter Design-Build Contracts

Governor Pritzker recently signed P.A. 103-0491 (previously SB 1570) into law, which will allow school districts to enter into design-build contracts—as opposed to the currently available design-bid-build delivery...more

OMA Amendments Allow Additional Flexibility for Remote Attendance and Closed Session

Governor Pritzker recently signed into law Public Act 103-0311 (previously HB 2447), which amends two key provisions in the Open Meetings Act (“OMA”) effective as of July 28, 2023....more

PAC Finds FOIA Violation for Police Department’s Failure to Produce Records of Teacher Charged with Assaulting Student

Recently, the Public Access Counselor (PAC) issued a new binding opinion concerning the Freedom of Information Act (FOIA). In the opinion, the PAC concluded that a police department violated the FOIA by withholding records...more

Illinois Passes New Law Increasing the Competitive Bidding Threshold for Schools

This month, Governor Pritzker signed Public Act 103-0008 (House Bill 3817) into law, which establishes the Budget Implementation Act for fiscal year 2024. While there are a multitude of amendments to the Act, one significant...more

ISBE Releases New Resource Guide and FAQ Regarding Faith’s Law

As we previously reported, under new School Code amendments made by Faith’s Law aimed to address sexual abuse prevention and response in schools, school districts, charter and non-public schools are required to implement new...more

PAC Finds No OMA Violation for Non-Contemporaneous and Non-Interactive Email Communications or Attendance at Campaign Event

Recently, the Public Access Counselor (PAC) issued a new binding opinion concerning the Open Meetings Act (OMA). In the opinion, the PAC determined that three city council members did not violate the OMA when they exchanged...more

PAC Issues 2022 Annual Report, Summarizing Significant Binding and Non-Binding Opinions

The Public Access Counselor (“PAC”) recently issued its Annual Report, which provides an overview of binding PAC opinions and non-binding determination letters issued in 2022, among other topics. We reported on several of the...more

PAC Issues Binding Opinion Regarding Public Business Discussions at Informal “Meet and Greet”

Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Open Meetings Act (OMA). In the decision, the PAC found that the public body violated the OMA by holding an improper meeting when it hosted a...more

Hiring for the 2023-24 School Year: New Faith’s Law Employment History Review Requirements to Significantly Impact Onboarding...

While public school districts have been aware of the fingerprint-based criminal background check requirements for new employees for some time, the hiring process for the 2023-2024 school year is going to look different for...more

PAC Issues Binding Opinion Regarding the Applicability of Predecisional Exemption to Employee Survey Results

Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Freedom of Information Act (FOIA). In the decision, the PAC upholds a school’s decision to utilize the Section 7(1)(f) (predecisional)...more

Nonpublic School Legislative Update

We previously shared our School Law Legislative Update, focused on new Illinois school-related laws that became effective January 1, 2023. From that update, our team at Franczek P.C. has compiled a narrower list of those laws...more

Charter School 2023 Legislative Update

We previously shared our School Law Legislative Update, focused on new Illinois school-related laws that became effective January 1, 2023. From that update, our team at Franczek P.C. has compiled a narrower list of those laws...more

Labor & Employment Law Legislative Update: New Laws in Effect in 2023

Happy New Year! Several employment laws became effective January 1, 2023, and our team at Franczek P.C. has compiled them in its new Labor & Employment Law Legislative Update, focused on new laws in effect in 2023. The new...more

105 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide