Publications

Section Newsletter Articles on Education Law

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.
Stop the killing By Hon. Ann Breen-Greco Alternative Dispute Resolution, May 2012 Many schools have ADR practices written into their Code of Conduct but somehow it is not working as well as it should.
Doe-3 v. White: Illinois Supreme Court to decide school district liability By Roland Cross Education Law, February 2012 The basic issue raised in this case, which Illinois school districts face on a routine basis, centers around what information a school district can or should provide to successor districts that contemplate hiring teachers who previously served in the initial district.
New education laws By Phil Milsk Education Law, February 2012 A summary of noteworthy education and related legislation that recently went into effect in Illinois.
The Spircoff loophole to the Peterson bar to retroactive college educational expenses By Michael W. Kalcheim Family Law, December 2011 After Petersen and Spircoff, practitioners must be extremely careful in drafting college expense provisions. When the provisions are examined when the children reach college age, the court will presume that the drafter was aware of both cases and their meaning.
Case dismissed when plaintiff fails to sign settlement agreement By Michael R. Lied Labor and Employment Law, October 2011 In this case, the parties intended to enter into a settlement agreement and did so at the conclusion of an April 25, 2009 conference. In fact, the plaintiff affirmed her understanding of the settlement terms and indicated her acceptance of those terms on the record.
Case note: SPEED District 802 v. Warning, No. 108785 (Ill. Sup. Ct. 2/25/11) By JoAnn G. Lim Education Law, October 2011 Reversing the Illinois Educational Labor Relations Board and the appellate court’s decisions, the IL Supreme Court ruled that the District did not commit an unfair labor practice when it did not renew teacher's contract.  
Community schools: A model for success By Melissa Mitchell Education Law, October 2011 The author argues that Illinois should adopt the community school model statewide. 
Seventh Circuit certifies questions to Illinois Supreme Court on tenured teachers’ recall rights By Roland Cross Education Law, October 2011 The Court of Appeals concluded that the Illinois Supreme Court should be offered the opportunity to review the construction and application of Illinois law on the issue surrounding tenured teachers’ recall rights and certified three questions to the court.
School Reform Legislation sent to the Governor Education Law, June 2011 A summary of Senate Bill 7, the recently codified comprehensive school reform bill.
Transfer of funds from Life Safety to Operations and Maintenance By Walter J. Zukowski Education Law, June 2011 A look at the new amendment to the Illinois School Code, which allows a school board to transfer surplus life safety taxes and interest earnings thereon to the operations and maintenance fund for building repair work.
New School Laws 2011: A digest of state laws affecting Illinois public school enacted in 2010 Education Law, March 2011 A listing of new laws and changes to existing laws of interest to schools and education law practitioners.
Dumber than dirt By Phillip B. Lenzini Local Government Law, November 2010 A look at the recent case of Board of Education of Auburn Community Unit School District No. 10 v. Ill. Department of Revenue etc. et al.
A review of key legal considerations for layoffs and furloughs at public colleges and universities By Robert T. Bernstein, Mark W. Bennett, and David A. Moore Education Law, September 2010 University and college administrators, human resources professionals and lawyers must play close attention to the legal and practical issues that are unique to each university or college and each group of employees.