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100 Days In: Where Do Things Stand?

Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new...more

Trump Tackles Civil Rights Act, Equity in School Discipline, Higher Education Accreditation, and AI in New Executive Orders

On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title...more

Week in Review: Whiplash Over Federal Funding, Changes in Agency Leadership, New EEOC Priorities, and New K-12 Executive Order

It is no secret that whenever there is a change in the Oval Office it is common for the incoming administration to implement quick and widespread changes to effectuate campaign promises. Indeed, in modern times, newly elected...more

2024 Title IX Final Rule and Regulations Vacated by Federal Judge

On Thursday, January 9, 2025, Judge John C. Reeves of the Eastern District of Kentucky issued an opinion and order vacating the Final Rule that implemented the 2024 Title IX Regulations. The decision by Judge Reeves has the...more

School Law Legislative Update: New Laws in Effect in 2025

Happy New Year! Several Illinois laws related to schools became effective January 1, 2025, and our team at Franczek P.C. has compiled them in its new School Law Legislative Update, focused on new laws in effect in 2025. A PDF...more

One Month In – Title IX Update

We are nearly at the one-month mark with the 2024 Title IX Regulations in effect. Since the August 1 implementation date, school administrators have been busy getting trained, preparing for the school year ahead, and sorting...more

Legal Challenges to the 2024 Title IX Regulations – What’s Next for Illinois Schools?

Schools throughout the country are preparing to implement the U.S. Department of Education Office for Civil Rights’ (“OCR”) long-awaited final 2024 Title IX regulations. These new regulations, which replace the 2020...more

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

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

School Law Legislative Update: New Laws in Effect for 2024

Franczek P.C. is pleased to announce the publication of its Legislative Update for schools. A PDF version of the 2024 School Law Legislative Update is now available...more

PAC Finds FOIA Violation for Police Department’s Failure to Produce Records of Teacher Charged with Assaulting Student

Recently, the Public Access Counselor (PAC) issued a new binding opinion concerning the Freedom of Information Act (FOIA). In the opinion, the PAC concluded that a police department violated the FOIA by withholding records...more

ISBE Releases New Resource Guide and FAQ Regarding Faith’s Law

As we previously reported, under new School Code amendments made by Faith’s Law aimed to address sexual abuse prevention and response in schools, school districts, charter and non-public schools are required to implement new...more

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

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

Hiring for the 2023-24 School Year: New Faith’s Law Employment History Review Requirements to Significantly Impact Onboarding...

While public school districts have been aware of the fingerprint-based criminal background check requirements for new employees for some time, the hiring process for the 2023-2024 school year is going to look different for...more

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

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

Nonpublic School Legislative Update

We previously shared our School Law Legislative Update, focused on new Illinois school-related laws that became effective January 1, 2023. From that update, our team at Franczek P.C. has compiled a narrower list of those laws...more

School Law Legislative Update: New Laws in Effect in 2023

Happy New Year! Several Illinois laws related to schools became effective January 1, 2023, and our team at Franczek P.C. has compiled them in its new School Law Legislative Update, focused on new laws in effect in 2023. A PDF...more

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

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

Governor Pritzker Signs Two New Special Education Laws Regarding Placement and Interpretation Services

Governor Pritzker recently signed two bills into law, expanding accessibility and flexibility within special education. The first, Public Act 102-0703 (House Bill 4365), allows IEP teams to place students at non-ISBE-approved...more

60-Day Public Comment Period for Proposed Title IX Regulations Begins

As we discussed in a previous alert, the Biden administration recently released its proposed Title IX regulations. Today, the administration published the proposed regulations in the Federal Register, beginning the 60-day...more

Celebrating the 50th Anniversary of Title IX

This week, we celebrate the 50th anniversary of Title IX, the landmark legislation signed into law on June 23 as part of the Education Amendments of 1972. Consisting of a mere 37 words—“No person in the United States shall,...more

Title IX Refresher Series Part V: Title IX Advisor

Earlier this year, we launched a multi-part series where we provide a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed...more

Considerations for Law Enforcement Referrals

School district practices on referrals to local law enforcement for student misconduct in schools are facing intense scrutiny in the wake of the ProPublica investigation reported these past weeks in the Chicago Tribune. ...more

The Illinois Attorney General and ISBE Release Non-Discriminatory Student Discipline Guidance

The Office of the Illinois Attorney General and the Illinois State Board of Education (ISBE) recently issued new non-regulatory guidance to assist public K-12 school districts with applying student discipline policies in a...more

ISBE Releases Isolated Time Out, Time Out, and Physical Restraint Reduction Plan Template and Due Date

Public Act 102-0339 requires each school district’s time out and physical restraint oversight team to develop a plan for reducing and eventually eliminating the use of isolated time out, time out, and physical restraint in...more

OCR Dismisses LGBTQ+ Complaint Based on Title IX Religious Exemption

In a highly anticipated decision earlier this month, OCR reaffirmed the broad discretion that religious institutions may have under the religious exemption in Title IX.  ...more

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