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IDHR Releases Racism-Free Schools Training

On August 1, 2024, the Racism-Free Schools Law went into effect. As we previously reported, the Racism-Free Schools Law established several requirements for Illinois school districts, charter schools, and nonpublic,...more

Week in Review: Get Ready for SCOTUS’s Upcoming Education Law Decisions and Catch Up on Recent FLSA, Higher Ed, and EEOC Guidance

This week, we are catching up on developments from the Department of Labor for determining whether someone is an independent contractor or employee, a nomination to restore a quorum at the EEOC, continued cuts to K-12...more

Week in Review – New Developments from the Dept. Of Ed., More Enforcement Actions by the EEOC and DOJ, and Additional Challenges...

It was another big week for the Department of Education, with President Trump signing an Executive Order on Thursday instructing Education Secretary Linda McMahon to take actions to “close” the Department. President Trump’s...more

U.S. Department of Education Opens Title IX Investigations Into the Minnesota State High School League and the California...

As we shared in a previous alert, in early February, President Trump issued an Executive Order titled “Keeping Men Out of Women’s Sports,” which restricts transgender women and girls from participating in women’s athletic...more

ISBE Releases Guidance Document on Residential Placements

ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education...more

Senate Bill 3606 Extends Reimbursement Eligibility for Public Special Education Programs

On May 23, 2024, Senate Bill 3606 (“SB 3606”) passed both houses. If signed into law by Governor Pritzker, SB 3606 will amend the Children with Disabilities Article of the Illinois School Code to provide for expanded state...more

Department of Education Dear Colleague Letter Provides Updated AT Device Guidance

On January 22, 2024, the United States Department of Education (“USDOE”) issued a Dear Colleague Letter regarding supporting students with disabilities who require assistive technology (“AT”) in order to receive meaningful...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

New Amendments to Illinois Bullying Prevention Statute Now In Effect

In early June, Governor Pritzker signed Public Act 103-0047 into law. This law, which went into effect on June 12, 2023, included several amendments to the Illinois bullying prevention statute, 105 ILCS 5/27-23.7....more

U.S. Supreme Court rejects Race-Conscious College Admissions Programs

On June 29, 2023, in the highly anticipated cases Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the U.S. Supreme Court held that the...more

New Amendments to Illinois Special Education Regulations Increase Translation Accommodations for Parents and Guardians

As part of its ongoing efforts to increase inclusivity towards non-native English speakers in the academic setting, the Illinois State Board of Education amended its special education regulations to expand access to...more

Important Upcoming Restraint, Time Out, and Isolated Time Out Deadlines

As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is...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

Trends in Due Process Litigation

Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the...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

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