News & Analysis as of

Educational Institutions Public Access Laws

Franczek P.C.

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

Franczek P.C. on

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

Franczek P.C.

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

Franczek P.C. on

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

Franczek P.C.

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

Franczek P.C. on

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

Franczek P.C.

PAC Issues Two Decisions in Favor of School District Decisions to Withhold Student Records and Proprietary Information

Franczek P.C. on

Recently, the Public Access Counselor (PAC) issued two non-binding opinions concerning the Freedom of Information Act (FOIA), both upholding school district decisions to exert exemptions and withhold key documents under the...more

Franczek P.C.

PAC Issues Binding Decision Regarding OMA Related to Closed Session Discussions

Franczek P.C. on

The Illinois Public Access Counselor (PAC) recently issued a binding decision, PAC 22-012, regarding the Open Meetings Act (OMA), finding that a board of education’s closed session discussions violated the OMA at separate...more

Franczek P.C.

Illinois PAC Issues Binding Decision Authorizing Remote Meetings Under the OMA

Franczek P.C. on

In a rare binding opinion, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—issued a new binding...more

Franczek P.C.

PAC Upholds School Board’s Limitation on Public Comment Duration

Franczek P.C. on

In a recent decision, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—found that a board of...more

Bricker Graydon LLP

Public records for private police in Ohio: A refresher

Bricker Graydon LLP on

On May 21, 2015, the Ohio Supreme Court ruled in State ex rel. Schiffbauer v. Banaszak that police departments at private universities are “public offices” subject to Ohio’s public records law. This law requires such police...more

Franczek P.C.

PAC Reminds Public Bodies of Limits on Closed Session Discussions on Employee Performance

Franczek P.C. on

In its fourth binding opinion of 2020, the Illinois Public Access Counselor found that a Chicago Public School’s Local School Council violated Section 2(a) of the Open Meetings Act by improperly discussing the timing and...more

Franczek P.C.

Recent Illinois Case Addresses the Intersection of Public Data and Privacy in Public Records Laws

Franczek P.C. on

A recent Illinois Appellate Court decision raises interesting questions about how provisions protecting “private information” in open records laws should be interpreted in a world in which a vast wealth of information about...more

Franczek P.C.

PAC Reminder to Boards: Straying from Exempt Matters in Closed Session Violates OMA

Franczek P.C. on

Boards try their best to avoid it, but you hear about it time and again—a board goes into closed session and the conversation turns away from the subject matter the board identified in open session as the reason for the...more

Holland & Knight LLP

Illinois Open Meetings Act: No Closed Session Can Discuss Employees as a Class

Holland & Knight LLP on

• The Illinois Attorney General (the AG) has concluded in a binding opinion that Western Illinois University's Board of Trustees (WIU Board) violated the Illinois Open Meetings Act (OMA) by improperly discussing budget issues...more

Franczek P.C.

Appellate Court Holding Extends FOIA to College Foundation

Franczek P.C. on

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...more

Seyfarth Shaw LLP

UC Berkeley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand

Seyfarth Shaw LLP on

Seyfarth Synopsis: Fewer online videos from UC Berkeley will available to the public as a result of a DOJ demand that the videos have closed captioning....more

Franczek P.C.

Attorney General (PAC) Deems RIF Joint Committee for Teacher Placement Subject to OMA

Franczek P.C. on

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

Franczek P.C.

2016 Legislative Update: Summary of Changes in School Law

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BOARDS OF EDUCATION - ENFORCEMENT OF BINDING PUBLIC ACCESS COUNSELOR OPINIONS - Public Act 99-586 - Effective Date: January 1, 2017 - Individuals who file lawsuits to enforce binding opinions from the PAC...more

Franczek P.C.

Changes to the Open Meetings Act Allow Inspection of Closed Session Records

Franczek P.C. on

Effective June 30, 2016, the Open Meetings Act (OMA) has been amended to allow elected board members, or those appointed to fill vacancies on the board, to access closed session recordings and minutes. Access must be granted...more

Franczek P.C.

PAC Finds Student Discipline Records, Even if Redacted, Identified Students and Were Exempt from FOIA

Franczek P.C. on

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

Franczek P.C.

PAC Opinion Finds Municipal Bank Account Numbers Subject to FOIA

Franczek P.C. on

Earlier this year, the Public Access Counselor (PAC) issued an under-the-radar advisory opinion that could have an impact on responses to Illinois Freedom of Information Act (FOIA) requests. According to the non-binding...more

Franczek P.C.

PAC Upholds Board Action: No OMA Violation for Private Emails

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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

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