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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

PAC Issues Binding Decision Regarding “Open and Convenient” Meeting Requirement

The Illinois Public Access Counselor (PAC) issued its tenth binding opinion of the year, finding the Village of Dolton Board of Trustees violated the Open Meetings Act (OMA) by failing to make two Board meetings convenient...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

Illinois Appellate Court Issues New Ruling Concerning the OMA and FOIA

Early this year, the Illinois Appellate Court issued an opinion responding to challenges asserted under the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA). The Appellate Court held that the Village of Oak...more

PAC Finds OMA Violation Where Public Comment Impermissibly Limited

In a recent binding opinion, the PAC found a public body in violation of the Open Meetings Act (OMA) for restricting the content of public comment where a member of the public attempted to discuss the District’s hiring...more

OMA Amendments Allow Additional Flexibility for Remote Attendance and Closed Session

Governor Pritzker recently signed into law Public Act 103-0311 (previously HB 2447), which amends two key provisions in the Open Meetings Act (“OMA”) effective as of July 28, 2023....more

PAC Finds No OMA Violation for Non-Contemporaneous and Non-Interactive Email Communications or Attendance at Campaign Event

Recently, the Public Access Counselor (PAC) issued a new binding opinion concerning the Open Meetings Act (OMA). In the opinion, the PAC determined that three city council members did not violate the OMA when they exchanged...more

Illinois Appellate Court Finds Improper Use of OMA Litigation Exemption

The Illinois Appellate Court recently issued an opinion providing additional guidance about the “probable or imminent” litigation exception to the Open Meetings Act (OMA) open meeting requirement....more

PAC Rejects Public Body’s Limitation on Criticism of Public Officials Absent Actual Disruption

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 city...more

Illinois Appellate Court Upholds PTAB Decision Involving Farm Property Appraisal

The Illinois Appellate Court recently upheld a decision of the Illinois Property Tax Appeal Board (PTAB) involving the assessed value of a farm property owned by Edward Sims Jr. Trust (Trust) in Edward Sims Jr. Trust v. Henry...more

Illinois Court Blesses Remote Meetings With Reasonable Public Comment Under OMA

In a recent order, the Circuit Court of Will County joined the Attorney General’s Public Access Counselor (PAC) in supporting public boards’ ability to hold virtual board meetings during the coronavirus disease 2019...more

Department of Education Releases Proposed Rules for Distance Learning

Schools and higher education institutions across the country are working tirelessly to implement remote learning programs during the coronavirus disease 2019 (COVID-19) public health crisis. Despite the commendable success...more

In the Nick of Time—Special Education Timelines During School Closures for COVID-19

In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...more

UPDATED: OMA and FOIA Requirements Amidst School Closures

In the face of mandated school closures beginning on March 17, 2020, Illinois school districts are assessing their ability to comply with sunshine laws, including the Illinois Open Meetings Act (OMA) and Illinois Freedom of...more

Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”)...more

What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?

Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it...more

New Law Adds Procedural Requirements for Special Education in Illinois

You know from our previous post regarding recent legislation in Illinois, we have had our eye on House Bill 3586, which has been awaiting the Governor’s signature since June. Well, the time has come; Governor Pritzker signed...more

Illinois House and Senate Pass New Legislation Substantially Altering Procedures for Law Enforcement Questioning and Detainment on...

On June 1, 2019, the Illinois House voted to pass House Bill 2627, which would amend the Illinois School Code to require schools to notify parents and take reasonable steps to include parents or school mental health...more

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