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Illinois Appellate Court Clarifies When a FOIA Request Is “Received” If Quarantined by Email Security Software

Takeaway: Public bodies should treat a FOIA request as “received” the moment it enters their email system, not when it is discovered after being quarantined, filtered, or otherwise delayed internally. To avoid missing...more

PAC Issues First Binding Opinion of 2026: Village Violated OMA by Restricting Public Comment

Takeaway: The PAC held that a village board violated the Open Meetings Act by improperly interfering with a resident’s public comment, including by prohibiting her from naming trustees and prematurely cutting off her remarks....more

New Changes to Public Transparency Laws Set to Take Effect Beginning in the New Year

On November 21, 2025, the Governor signed into law a bill that modifies the Freedom of Information Act (“FOIA”), the Open Meetings Act (“OMA”), and the Local Records Act. Now referred to as Public Act 104-0438 (the “Act”),...more

PAC Issues Two Binding Decisions Concerning the OMA

Over the last few weeks, the Public Access Counselor of the Illinois Attorney General’s Office (PAC) issued two binding decisions addressing issues arising from the Illinois Open Meetings Act (OMA). In Public Access Opinion...more

IDHR Releases Racism-Free Schools Training

On August 1, 2024, the Racism-Free Schools Law went into effect. As we previously reported, the Racism-Free Schools Law established several requirements for Illinois school districts, charter schools, and nonpublic,...more

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access...more

Cook County School Districts Subject to Township Trustees of Schools are Required to Take Swift Action to Appoint Board Member

Legislation passed earlier this month requires some school boards in Cook County to act swiftly in a changing landscape related to school treasurers. At issue are “township trustees of schools” offices and their treasurers –...more

School Board Election Season Begins August 20, 2024

Thanks to a recent legislative change, the campaign season for those wishing to run for the school board now begins about a month earlier. Historically, the window set forth in the Election Code for filing nominating...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

Teacher Tenure, Dismissal and Evaluation Legislative Updates

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

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

Reminders and Resources for Erin’s Law Training and Faith’s Law Requirements for 2023-2024 School Year

The new legal requirements under Erin’s Law and Faith’s Law will be in full effect as schools begin the 2023-2024 school year. As we have previously reported, under new School Code amendments made by Faith’s Law and Erin’s...more

The Era of Fully Remote Board Meetings Is Over: Returning to Pre-COVID Remote Attendance Requirements

As we announced on our blog last week, Governor Pritzker’s COVID-19 disaster proclamation ended on May 11. This signals the end of optional remote attendance at meetings and a return to pre-COVID era requirements for remote...more

Revised Clear and Present Danger Reporting User Agreement Coming to Schools

In a previous alert, we announced that the Illinois State Police (ISP) would be transitioning to accepting clear and present danger reports from school officials through its online Law Enforcement Portal. To make reports on...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

School District’s Discipline of Students for Off-Campus Speech Affirmed by Ninth Circuit Court of Appeals

A recent Ninth Circuit Court of Appeals decision held that school officials did not violate students’ First Amendment rights when disciplining them for off-campus social media posts that amounted to severe harassment...more

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