Publications

Illinois Bar Journal
Articles on Schools

An even brighter start for college savers By Helen W. Gunnarsson April 2002 Lawpulse, Page 168 Beginning last January 1, section 529 college savings plans allow contributions to grow tax-free.
Legislation prohibits alcohol on public school property P.A. 92-0507 April 2002 Illinois Law Update, Page 176 Legislation recently signed into law by Gov. Ryan amends the Liquor Control Act of 1934 by providing that any person in possession of alcoholic liquor on public school district property during school days or at events on public school district property when children are present is guilty of a petty offense.
New guidelines adopted for school discipline April 2002 Illinois Law Update, Page 176 On January 16, 2002, the State Board of Education (board) adopted amendments to section 1 of the Illinois Administrative Code. 23 Ill Adm Code 1.
No honor in “redskins,” says Native American bar group By Helen W. Gunnarsson April 2002 Lawpulse, Page 168 "Redskins" is hate speech and not fit for use as a sports mascot, according to the Illinois Native American Bar Association.
School district immune from suit when exercising policymaking decisions under Tort Immunity Act December 2001 Illinois Law Update, Page 624 On October 18, 2001, the Illinois Supreme Court reversed the appellate court, holding that a school district enjoys immunity under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-201, when a principal's actions fall under the policymaking provisions of the Act.
Students with asthma now allowed to self-administer medication at school P.A. 92-402 December 2001 Illinois Law Update, Page 624 Recent legislation gives students with asthma the ability to prevent or control asthma attacks at school.
Courts may notify schools and day-cares of orders of protection for children; P.A. 92-090 September 2001 Illinois Law Update, Page 454 In July, Gov. Ryan signed legislation authorizing courts to notify schools (including public and private schools and colleges and universities) and day-care facilities if a child is the subject of an order of protection.
Zero-Tolerance Discipline in Illinois Public Schools By Scott F. Uhler and David J. Fish May 2001 Article, Page 256 The legal concerns raised by "one size fits all" disciplinary policies.
Truants’ Alternative and Optional Education Programs April 2001 Illinois Law Update, Page 170 On January 25, 2001, the Illinois State Board of Education (board) adopted amendments and added a new section to section 205 of the Illinois Administrative Code. 23 Ill Adm Code 205.
School district not obligated under the IDEA to reimburse for student’s placement March 2001 Illinois Law Update, Page 116 On January 12, 2001, the seventh circuit held that the defendant was not obligated under the Individuals with Disabilities Education Act ("IDEA") to reimburse the plaintiff for her costs in placing her son, Dale M., in a private school.
“Eliminate the Digital Divide” Program February 2001 Illinois Law Update, Page 60 On November 6, 2000, the Illinois Department of Commerce and Community Affairs (DCCA) adopted emergency rules to section 546 of the Illinois Administrative Code.
Law requires expanded background checks for all potential employees of park and school districts; P. A. 91-885 February 2001 Illinois Law Update, Page 60 Gov. George H. Ryan approved legislation that mandates background checks of all applicants seeking employment at park districts or school districts.
Students can opt-out of classroom dissections under new law; P.A. 91-771 February 2001 Illinois Law Update, Page 60 Students who do not want to take part in classroom dissections no longer have to under the newly created Dissection Alternatives Act.
Taxes levied under the Tort Immunity Act cannot be used to fund school district’s attempt to remedy desegregation December 2000 Illinois Law Update, Page 690 On October 26, 2000, the Supreme Court of Illinois affirmed the judgment of the appellate court which held that article IX of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/9-101, et seq.) did not authorize the use of real estate taxes to fund equitable remedies ordered by the court.
Certain sex offenders prohibited from living near schools; P.A. 91-911 October 2000 Illinois Law Update, Page 563 Although no sex offender will be forced to move from his or her home, certain offenders will no longer be allowed to reside near certain protected areas under a new Illinois law signed by Gov. George H. Ryan.
Education expense credit October 2000 Illinois Law Update, Page 563 On July 26, 2000, the Illinois Department of Revenue adopted a new section to section 100 of the Illinois Administrative Code. 86 Ill Adm Code 100.
Commercial driver training schools September 2000 Illinois Law Update, Page 500 On June 2, 2000, the Illinois Secretary of State adopted emergency amendments to section 1060 of the Illinois Administrative Code. 92 Ill Adm Code 1060.
Court upholds decedent’s testamentary gift to dental school, which a university closed several months prior to testator’s death, because plain language of will revealed testator’s intent to provide university with a gift. September 2000 Illinois Law Update, Page 500 On July 13, 2000, the Third District of the Appellate Court of Illinois affirmed the trial court's grant of summary judgment to Northwestern University ("university").
College Savings Pool July 2000 Illinois Law Update, Page 380 On March 24, 2000, the Illinois Treasurer's Office adopted emergency rules to section 2500 of the Illinois Administrative Code. 23 Ill Adm Code 2500.
School Construction Program July 2000 Illinois Law Update, Page 380 On March 17, 2000, the Illinois State Board of Education adopted new sections and amendments to section 151 of the Illinois Administrative Code. 23 Ill Adm Code 151.
Public schools evaluation, recognition and supervision June 2000 Illinois Law Update, Page 310 On March 21, 2000, the Illinois State Board of Education adopted emergency amendments to section 1 of the Illinois Administrative Code. 23 Ill Adm Code 1.
School Construction Program June 2000 Illinois Law Update, Page 310 On March 17, 2000, the Illinois State Board of Education amended and adopted new sections to section 151 of the Illinois Administrative Code. 23 Ill Adm Code 151.
School Based and School Linked Clinic Programs March 2000 Illinois Law Update, Page 128 On December 1, 1999, the Illinois State Department of Public Aid adopted amendments to section 140 of the Illinois Administrative Code. 89 Ill Adm Code 140.
Schools’ Liability for Student-on-Student Sexual Harassment Under Title IX By James W. Hulbert and Linda C. Kramer February 2000 Article, Page 88 A review of the impact — especially in Illinois — of the U.S. Supreme Court’s recent Davis v Monroe County School Board ruling.
A university has presumably complied with portions of Title IX if it can show a substantial proportionality between the gender group’s enrollment at the university and the gender group’s participation in athletics February 2000 Illinois Law Update, Page 68 On December 7, 1999, the Appellate Court of Illinois for the First District reversed the trial court’s grant of summary judgment to Valor Insurance Company.
Stopped school bus law extended to school property; P.A. 91-260 December 1999 Illinois Law Update, Page 636 Public Act 91-260 extends, to school property, the law on ''[a]pproaching, overtaking, and passing'' a stopped school bus.
Placement of Downs Syndrome child in program limited to handicapped children or in an “at risk” program did not constitute free appropriate public education under the Individuals with Disabilities Education Act (IDEA). October 1999 Illinois Law Update, Page 521 On July 29, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the judgment of the lower court that placement of a Downs Syndrome child in a program limited to handicapped children or in a program for "at risk" children did not constitute a free appropriate education.
Provisions for Reading Improvement Program September 1999 Illinois Law Update, Page 460 On June 2, 1999, the Illinois Department of Education adopted new amendments to section 260 of the Illinois Administrative Code. 23 Ill Adm Code 260.
Illinois responds to recent school shootings with preventative and punitive legislation August 1999 Illinois Law Update, Page 406 In response to high school shootings in Arkansas, Colorado, and other states, the General Assembly enacted several bills into law that attempt to deter and more harshly penalize school shooting offenders.
Penalties enhanced for unlawful discharge or sale of firearms near schools; PA 91-12 August 1999 Illinois Law Update, Page 406 According to 720 ILCS 5/24-1.2, "aggravated discharge of a firearm'' is, inter alia, firing a gun at a person, or into a building or vehicle when the shooter knows it is occupied.