The U.S. Department of Education recently released Volume 3 of its COVID-19 Handbook, which provides higher education institutions with strategies for reopening for in-person instruction and implementing the most recent CDC...more
Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more
A little over a year ago, in Dynak v. Board of Education of Wooddale School District 7, the Illinois Supreme Court put to rest the argument about the timing of paid sick leave related to the birth of a child under Section...more
Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online. ...more
4/29/2021
/ Code of Conduct ,
Disciplinary Proceedings ,
Educational Institutions ,
First Amendment ,
Free Speech ,
Mahanoy Area School District v B.L. ,
Online Platforms ,
Oral Argument ,
Political Speech ,
SCOTUS ,
Snapchat ,
Student Speech ,
Students ,
Tinker v Des Moines Independent Community School Dist.
COVID-19 saliva tests have been used as one tool to slow the spread of coronavirus—notably on college campuses. Soon, several saliva tests will be available to K-12 schools. The availability of such tests prompts several...more
The Illinois Department of Public Health (IDPH) has again updated its COVID-19 Interim Exclusion Guidance as well as its general Interim Guidance for Pre-K-12 Schools. The updated guidance documents include several revisions,...more
10/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Guidance Update ,
Infectious Diseases ,
Public Health Emergency ,
Public Schools ,
School Closures ,
Students ,
Virus Testing
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
After almost one-and-a-half years since issuing its original proposed rule, the U.S. Department of Education has issued final Title IX regulations effective August 14, 2020. Although analyzing the changes will take some time,...more
5/8/2020
/ Colleges ,
Department of Education ,
Deregulation ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Regulatory Oversight ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
States may now apply for their share of the Elementary and Secondary School Emergency Relief (ESSERS) Fund – the $13.2 billion fund under the CARES Act that will be allocated to states based on the proportions of Title IA...more
Despite efforts by schools and advocacy organizations, state attorneys general, and members of Congress and the Senate, the Department of Education’s proposed Title IX rules reportedly have cleared Office of Management and...more
While Illinois schools—and schools across the country—remain closed due to concerns about the spread of COVID-19, keep in mind that schools currently are not relieved from their obligations under Title IX or other civil...more
Today, the President signed a $2 trillion stimulus package into law to help industries impacted by coronavirus disease 2019 (COVID-19). The package includes a $30 billion Education Stabilization Fund for K-12 school districts...more
The number of schools, colleges, and universities with students who test positive for coronavirus 2019 (COVID-19) is on the rise. Do you know what information you can—and cannot—share with members of your community and public...more
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
From federal guidance addressing FERPA and the School Safety Commission Report and DOE withdrawal of discipline guidance to Illinois law requiring threat assessment teams and the creation of the Illinois Educational Safety...more
2/26/2020
/ Best Practices ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Policies and Procedures ,
Public Safety ,
Safety Management Systems ,
Safety Precautions ,
Safety Standards ,
School Safety ,
Students ,
Threat Management ,
Trump Administration
The Illinois State Board of Education has filed emergency rules, effective immediately, banning the use of isolated time out in our schools. Like many of you, we were disheartened to read the Tribune/Pro Publica report on the...more
On August 23, 2019, Governor Pritzker signed into law Public Act 101-531 (Act) which puts into place a number of measures aimed at increasing student safety....more
9/25/2019
/ Charter Schools ,
Child Abuse ,
Criminal Convictions ,
Disciplinary Proceedings ,
Educational Institutions ,
Failure to Report ,
Felons ,
Hiring & Firing ,
Internal Investigations ,
ISBE ,
License Suspensions ,
Licensing Rules ,
New Legislation ,
Policies and Procedures ,
Professional Development ,
Public Acts ,
Reporting Requirements ,
Safety Standards ,
Sex Offenders ,
State and Local Government ,
Students
Governor Pritzker recently signed a law requiring notification or attempted notification of the parent or guardian of a student suspected of criminal activity prior to detaining and questioning the student on school grounds...more
Recent reports show that student homelessness is at an all-time high, and growing at exponential rates. Yet when we at Franczek conduct trainings of school and school district employees on residency issues, we find that it’s...more
The U.S. Department of Education (“DOE”) is expected to release proposed regulations related to Title IX shortly. While the proposed regulations have not been officially released, a leaked draft indicates significant changes...more
The Firearm Concealed Carry Act (CCA) went into effect in 2013. One of its provisions requires a principal or designee to make a report to the Illinois Department of State Police (ISP) “when a student is determined to pose a...more
As we discussed in our previous alert, various actions and protests are being planned in the wake of the February 14 school shooting in Parkland Florida, including a National School Walkout planned for March 14. ...more
We join with the education community in feeling shocked and saddened over recent events involving gun violence, including the shooting at Marjory Stoneman Douglas High School in Parkland, Florida. We have no doubt that you...more
The Illinois State Board of Education (“ISBE”) recently issued guidance addressing Homeless Dispute Resolution Procedures. This newly released document is intended to “bring clarity, fairness and consistency” to the dispute...more
Late last week, Secretary of Education Betsy DeVos announced the intention of the Department of Education to overhaul the way it addressed sexual misconduct on college and university campuses, as well as in K-12 schools. As...more
9/27/2017
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Due Process ,
Educational Institutions ,
Federal Funding ,
Gender-Based Violence ,
OCR ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities