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Leadership in the Time of COVID [Audio]

School leaders have always served a crucial role in communities, and we can’t imagine anyone managing the Coronavirus crisis without them. In this episode, our regular attorney panelists Shelli Anderson, Nicki Bazer, Jennifer...more

IDPH Updates FAQ and Exclusion Guidance for COVID-19 Cases in Schools

The Illinois Department of Public Health (IDPH) updated its COVID-19 FAQ and Exclusion Guidance last week. As we previously reported, the IDPH released Frequently Asked Questions (FAQ) for schools in August to supplement but...more

Evaluation Notices Due to Teachers

Section 50.100 of the ISBE teacher evaluation regulations requires that teachers who are to be evaluated during the upcoming school term be notified that they will be evaluated and provided with certain information regarding...more

Illinois Health Department FAQ Leaves Many Unanswered Questions For Schools

On August 12, 2020, the Illinois Department of Public Health (IDPH) issued a “Frequently Asked Questions (FAQ)” for Schools.” In a statement by the Illinois State Board of Education (ISBE) to stakeholders that same day, ISBE...more

Judge Dismisses Lawsuit Challenging School District’s Authority to Require Face Coverings and Temperature Checks

Yesterday Judge Roger Thomson of the Eighth Judicial Circuit dismissed a lawsuit against the Quincy Public Schools seeking to overturn the District’s directive that students wear face coverings and submit to daily temperature...more

ISBE FAQ Changes and Clarifies Phase 4 Guidance; Franczek P.C. Updates FAQ

On June 25, 2020, we issued a frequently asked questions document, “40 Answers to Your Phase 4 Questions: Practical FAQs on ISBE’s Phase 4 School Reopening Guidance,” clarifying ISBE and IDPH joint guidance for Phase 4 school...more

40 Answers to Your Phase 4 Questions

On June 23, 2020, the Illinois State Board of Education (“ISBE”) and the Illinois Department of Public Health (“IDPH”) released a guidance document addressing return to school during Phase 4 of the Restore Illinois Plan this...more

Illinois Appellate Court: Teacher’s Repeated Cheating Is Irremediable Cause for Dismissal

The Illinois Appellate Court recently affirmed the dismissal of a tenured fifth-grade teacher accused of intentionally breaking the seals on standardized test booklets to help students cheat on the test....more

Essential Analysis of Illinois School Reopening Order and Guidance

By executive order on June 4, 2020, Illinois Governor J.B. Pritzker authorized all public and nonpublic preK-12 schools the state to reopen after the completion of the 2019-2020 school term for limited educational purposes...more

Highlights from the Special Session: Stable Funding (For Now), OMA Certainty, and Excellent Defaults for Teachers

The Illinois General Assembly was busy during its recent special session, passing a number of bills addressing important concerns for local governments and schools during the COVID-19 public health crisis....more

Guidance for Developing Appeals Process of Unsatisfactory Ratings Under Public Act 101-0591

On August 27, 2019, Governor Pritzker signed into law Public Act 101-0591, which added Section 24A-5.5 to the School Code. Section 24A-5.5 requires school districts to create an appeals process for teachers who receive...more

Graduation Frustrations: Guidance for School Boards on the Rite of Spring

Spring break abroad, prom, senior night, senior breakfast, baccalaureate, awards night, and walking across the stage at graduation in front of faculty, family, and friends. The list of events that Illinois high school seniors...more

More Flexibility for Schools and Community Colleges in Pritzker Executive Order

Earlier today, April 24, 2020, Illinois Governor J.B. Pritzker issued Executive Order 2020-31 relaxing a wide number of requirements impacting schools and community colleges. ...more

Settled: Paid Sick Leave Must Be Taken Immediately After Birth

The Illinois Supreme Court ruled in Dynak v. Board of Education of Wooddale School District 7 that a teacher’s use of paid sick leave for the birth of a child must be taken during the six-week period immediately following the...more

Remote Learning and the Duty to Bargain During Coronavirus Pandemic

As we previously reported, on March 27, 2020, the Illinois State Board of Education (ISBE) and the Governor issued several resource documents that address changes to the remote learning landscape in Illinois schools during...more

ISBE Provides Additional Updates to its School Closure Guidance: Here’s What You Should Know

The Illinois State Board of Education (ISBE) updated its Mandatory Statewide School Closure Guidance for Illinois Schools and School Districts yesterday for the fourth time since the outbreak of coronavirus disease 2019...more

Joint Statement Clarifies That Employees Can Be Expected to Work During Act of God Days

Although Act of God days between March 17 and March 30 will not be made up and are not instructional days, “the employer can expect school district employees to participate in work activities,” including stipend work, “in...more

ISBE Guidance Aims to Relieve Confusion for Closing Schools

Governor JB Pritzker’s recent order that all K-12 schools in Illinois be closed between March 17 and March 30 has left school districts scrambling to prepare to close school tomorrow. On Saturday, March 14, ISBE updated its...more

Coronavirus Disease - 2019: A Guide for Illinois Schools

Since the first reported case of coronavirus disease 2019 (COVID-19) in Wuhan, China, on December 31, 2019, school districts in Illinois have been preparing for a potential outbreak within the state. In so doing, school...more

Don’t Let Tenure Mistakes Saddle You with Low-Performing Teachers

With the end of the school year slowly approaching, remember that any recommendations to non-renew a probationary teacher’s employment for the next school year must likely be acted upon at the board’s March or April meeting. ...more

Do Summer Babies Get More Snuggle Time? Insight from Oral Argument in Dynak Case

The Illinois Supreme Court recently heard oral argument in a case addressing restrictions on school district employee sick leave for the birth of a child under Section 24-6 of the Illinois School Code. ...more

Three Key Takeaways from Decision on Teacher Dismissal for Erratic Behavior

A recent Illinois State Board of Education hearing officer decision upheld the dismissal of a tenured teacher who engaged in off-topic rants in the classroom, stored pornographic images on a district laptop, and refused to...more

Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause

In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for...more

IL Court Clarifies RIF Rules When Tenured Teacher Evaluated Twice in One School Year

Decisions on reductions in force in school districts are not common in Illinois, so a recent opinion from the Fourth District Appellate Court warrants brief mention. The issue in a recent case, Nafziger v. Board of Education...more

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