Publications

Section Newsletter Articles on Education Law

New STEM OPT extension rules to extend the program have been proposed By Tejas Shah, Songhee Sohn, and Peter Land International and Immigration Law, December 2015 The proposed rules preview changes to the practical training guidelines for foreign students who are currently studying or have completed studies in the academic areas of science, technology, engineering and mathematics in the U.S. and elect to work to enhance their knowledge in a STEM field.
In re pension reform litigation By Roland R. Cross and Elizabeth A. Tracy Education Law, October 2015 On May 8, 2015 the Supreme Court of Illinois unanimously found Public Act 98-599 to be unconstitutional and invalid.
New public Acts By Phil Milsk Education Law, October 2015 A summary of some of the important education legislation passed by the Illinois General Assembly during the 2015 Spring session and signed into law by Governor Rauner.
Lutkauskas v. Ricker, 2015 IL 117090 (Ill.S.Ct. 2015) By Everett Nicholas Education Law, May 2015 A summary of this recent case of interest to education law practitioners.
T.K. ex rel. L.K. v. New York City Dep’t of Educ. (E.D.N.Y. 2014) By Neal Takiff Education Law, May 2015 The issue in this case was whether the student was denied a free appropriate public education (FAPE) as a result of the bullying she endured during the 2007-2008 school year and, if FAPE was denied, whether the Parents' unilateral placement of L.K. in a therapeutic day school for the 2008-2009 school year was appropriate, entitling them to reimbursement.
Continuing legal education programs Education Law, January 2015 Save the dates for these two not-to-be-missed education law programs!
Legislative update By Phil Milsk Education Law, January 2015 A summary of the bills from the Illinois General Assembly's 2014 veto session.
Recent school bullying decisions By Roland Cross Education Law, January 2015 In August and September 2014, the Second District Appellate Court of Illinois and the Seventh Circuit Court of Appeals issued decisions with respect to school bullying.
New Public Acts By Phil Milsk Education Law, October 2014 Recent legislation of interest to education law practitioners.
Tenured teacher has no property interest in employment after lay-off By Roland Cross Education Law, October 2014 A summary of Price v. Board of Education of the City of Chicago and Barbara Byrd-Bennett.
Illinois Educational Labor Relations Board cases—July 1, 2012 - June 30, 2013 By Victor Blackwell Education Law, June 2014 Recent cases of interest to education law practitioners.
Streamlined dismissals for tenured teachers: The OAED process By Eric Grodsky Education Law, June 2014 With most Illinois districts’ PERA implementation dates quickly approaching, it is imperative that all stakeholders understand this process in order to proceed consistently with the School Code.
Noteworthy new cases in education law By Neal Takiff, Kelly Coyle, Roland Cross, Stephen G. Katz, and Edward J. Copeland Education Law, May 2014 Recent cases of interest to education law practitioners.
Correction Education Law, February 2014 Acknowledging an error in the October issue of this newsletter.
New cases By Phil Milsk Education Law, February 2014 A summary of the recent case of Jenna R. P., et al., v. The City of Chicago School District No. 229, et al.
New Illinois education laws (Part II) By Phil Milsk Education Law, February 2014 Recent laws of interest to education law practitioners.
Other new public acts regarding education By Phil Milsk Education Law, October 2013 New Illinois laws of interest to education law practitioners.
Public Act 98-0513 clarifies provisions on personnel evaluations By Everett E. Nicholas, Jr. Education Law, October 2013 Public Act 97-008, which was signed into law on June 13, 2011, had several issues which created confusion. Now a new law, which became effective on August 20, 2013, resolves some of those issues.
A little more confusion from the PAC on closed sessions By Ruth A. Schlossberg Local Government Law, July 2013 Two recent confusing opinions issued by the Public Access Counselor have the potential to limit a public body’s ability to reach consensus and to plan future action in closed sessions.
Case law update: Carr v. Koch, 2012 IL 113414 By Edward J. Copeland Education Law, June 2013 In this decision, the Illinois Supreme Court ruled that the Complaint was properly dismissed by the Appellate Court for the reason that the Plaintiffs lacked standing to challenge the law without finding it necessary to address the Plaintiffs’ argument that they had stated a claim for violation of the equal protection clause of the Illinois Constitution.
Legislation watch By Phil Milsk Education Law, June 2013 Recent legislation of interest to education law practitioners.
Case summary: Milligan v. Board of Trustees of Southern Illinois University, 686 F.3d 378 (7th Cir. 2012) By Phyleccia Coleman Education Law, March 2013 There are a variety of lessons that can be gleaned from Samuel Milligan v. Board of Trustees of Southern Illinois University, for educational institutions, as well as other employers.
Case summary: Rock River Times v. Rockford Public School District 205, 2012 IL App(2d) 110879 By Everett E. Nicholas, Jr. and Catherine Locallo Education Law, March 2013 The Illinois Appellate Court for the Second District recently decided a case regarding attorney fees and civil penalty provisions under the Illinois Freedom of Information Act.
Public Access Counselor opinion on a school district’s “obligations” to de-identify student test score data in order to properly respond to a FOIA request By Everett E. Nicholas and Catherine Locallo Education Law, March 2013 On December 11, 2012, the Illinois Attorney General’s Public Access Counselor issued a binding opinion to Pleasantdale School District 107 regarding disclosure of student test scores under FOIA.
Will someone please think about the children: Where can divorced parents with joint custody send their children to school? By Maryam T. Brotine Family Law, November 2012 When it comes to determining the appropriate school district for children of divorced parents, the answer may not be so clear cut.
Fourth District reverses decision by TRS Board of Trustees By Roland Cross Education Law, October 2012 A summary of Kildeer-Countryside School District v. Board of Trustees of Teachers’ Retirement System of the State of Illinois.
Legislative update By Phil Milsk and Shayne Aldridge Education Law, October 2012 New public acts concerning education.
Government’s liability in school shootings: Green v. Chicago Board of Education summary By Sania Merchant Education Law, June 2012 This case examines a public schools’ liability when one high school student fatally shot another student on school premises after the school day had ended. 
Remediation plan invalidated by Fourth District By Roland Cross Education Law, June 2012 After receiving an unsatisfactory evaluation, a tenured teacher was required to participate in a Section 24-A remediation plan.
State legislative update By Phil Milsk Education Law, June 2012 A list of recent bills of interest to education law practitioners.