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
As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more
3/31/2020
/ Act of God ,
Business Closures ,
Coronavirus/COVID-19 ,
Department of Education ,
Disciplinary Proceedings ,
Emergency Management Plans ,
FERPA ,
IDEA ,
ISBE ,
School Closures ,
Special Education ,
Student Enrollment ,
Student Records ,
Students
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
In the week since the Governor of Illinois shut down Illinois public schools in response to the growing threat of coronavirus disease 2019 (COVID-19), school districts across the state have risen to the challenge of educating...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
We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways....more
10/23/2019
/ Bullying ,
Complaint Procedures ,
Due Process ,
Free Appropriate Public Education (FAPE) ,
Individualized Education Programs (IEPs) ,
Internal Communications ,
Internal Investigations ,
Liability ,
OCR ,
Required Documentation ,
Risk Mitigation ,
School Districts ,
Section 504 ,
Special Education ,
Students ,
Vulnerable Victims
The U.S. Supreme Court heard oral arguments on October 8 in three closely watched cases addressing whether Title VII, which prohibits employment discrimination “because of … sex,” covers discrimination based on LGBT...more
10/17/2019
/ Altitude Express Inc v Zarda ,
Athletes ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Oral Argument ,
School Restrooms ,
SCOTUS ,
Sex Discrimination ,
Statutory Interpretation ,
Students ,
Title VII ,
Transgender
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 into law Public Act 101-0455 amending the School Safety Drill Act (105 ILCS 128/1) to require threat assessment procedures and the creation of threat assessment teams in school districts...more
9/18/2019
/ Adverse Events ,
Emergency Management Plans ,
FERPA ,
FOIA ,
Incident Response Plans ,
Information Sharing ,
New Legislation ,
Policies and Procedures ,
Public Acts ,
Regulatory Requirements ,
Risk Assessment ,
School Districts ,
State and Local Government ,
Threat Management ,
Vulnerability Assessments
On August 27, 2019, Governor Pritzker signed into law Public Act 101-0591 (formerly Senate Bill 1213), creating an appeals process for teachers who receive unsatisfactory summative ratings. Beginning with the 2019-2020 school...more
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 Future of Privacy Forum (FPF), which is a nonprofit organization focused on data privacy, recently issued a useful two-page “primer” for schools on disclosure of information during school emergencies....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
Candice Jackson, the U.S. Department of Education’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, recently provided a “new internal guidance” memorandum to staff that significantly changes the Office...more