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Recent Illinois Appellate Decision Reminds Schools of Standards for Residency Decisions

Although school districts evaluate residency claims on an almost daily basis, it is rare for an appellate court to weigh in on the standards that schools should use for that analysis. In a recent decision, Gwozdz v. Board of...more

ISBE Amends Emergency Rules on Time Out and Physical Restraint

In response to outcry from educators in and outside of Illinois about the legitimate need to use prone and supine restraint for certain diverse learners and the lack of notice to allow teams to identify alternative...more

2019 Legislative Update: Summary of Changes in School Law #2

Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more

ISBE Updates Special Education Notice of Procedural Safeguards

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

Attorney General’s Office Finds School Board Held Improper Discussion in Closed Session

The Attorney General’s Office recently issued a non-binding opinion concluding that a board of education improperly discussed matters in closed session that were not within the scope of the exceptions on which the board...more

IL Supreme Court Interprets OMA Requirement for Public Recital Prior to Final Action

The Illinois Supreme Court recently affirmed the decisions of the lower courts, which had overturned a Public Access Counselor opinion, in Board of Education of Springfield School District No. 186 v. the Attorney General of...more

Illinois Passes Legislation Curbing Out-of-School Disciplinary Practices

On August 24, 2015, Governor Rauner signed into law Public Act 99-456. The Act requires school districts and charter schools to overhaul their discipline policies and is aimed at reducing the incidence of out-of-school...more

ISBE Releases New Guidance on Medication Administration in Schools

In April, the Illinois State Board of Education (ISBE) amended its 2010 guidance on self-administration of medication. Specifically, the new guidance document focuses on recent updates to Section 22-30 of the School Code (105...more

How Does the Supreme Court’s Recent Facebook Decision Impact Schools?

In a recent decision, Elonis v. United States, the U.S. Supreme Court held that in order to convict a man for alleged threats made against his wife on Facebook, the prosecutor must show some level of intent. It was not enough...more

Circuit Court Finds Stay Put Does Not Apply to Unilateral Placement

The Individuals with Disabilities Education Act (IDEA) provides that during the pendency of a dispute, a student must remain in his/her “then-current educational placement”; this is known as stay put. The IDEA does not,...more

Update: District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

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