Publications

Section Newsletter Articles on Education Law

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.
Who is going to pay for college? By Kelli E. Gordon Family Law, August 2010 College expenses can really add up. This article offers some considerations when attempting to determine how parents can split the costs.
New School Laws 2010, Part II* Education Law, May 2010 Recently enacted legislation affecting education in Illinois.
New School Laws 2010, Part I* Education Law, April 2010 Recently enacted legislation affecting education in Illinois.
7th Circuit finds that “stay-put” does not encompass Individuals with Disabilities Education Act (IDEA) services provided outside of the student’s Individual Education Plan (IEP) By Hon. Ann Breen-Greco Administrative Law, October 2009 The 7th Circuit noted that in most cases District Courts will not need to go beyond the four corners of the IEP to decide which services are covered by the stay-put umbrella.
Case update: Forest Grove School District v. T.A. By Mary Kay Klimesh Education Law, September 2009 The United States Supreme Court recently interpreted the Individuals with Disabilities Education Act (IDEA) Amendments of 1997 and whether its provisions required a public school district to reimburse parents for the costs of their unilateral placement of their child in a private school, even when the school district had determined the child to be ineligible for special education services.
Case update: Safford Unified School District v. Redding By Phil Milsk Education Law, September 2009 Thirteen year-old Savana Redding, an 8th grade student in Safford, Arizona, with no previous disciplinary history at the school, was subjected to a strip search by school employees at the direction of a school administrator after another student told the administrator that Savana had given her a prescription-strength ibuprofen pill.
An overview of education funding under the American Recovery and Reinvestment Act By Melina Wright and Darren Reisberg Education Law, September 2009 On February 17, 2009, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA or the “Recovery Act”) into law. 
Alternative method for enrolling grandchildren in local school district proposed By Ford C. June Elder Law, July 2009 Oftentimes, grandparents are called upon to take care of their grandchildren for extended periods of time. If the parent lives in a different school district than the grandparent, the grandparent’s school district will often request the grandparent to become the grandchild’s guardian.  
Does a Board of Education have standing to bring Administrative Review complaint? By Patti Gregory-Chang Administrative Law, March 2009 In the case of The Board of Education of Bremen High School District No. 228 v. Mitchell, the Appellate Court tackled the issue of who has standing to appeal an agency decision pursuant to the Administrative Review Law.
Case notes By David J. Braun and Rachel E. Clark Education Law, January 2009 A look at the cases of Hansen v. Board of Trustees of Hamilton Southeastern School Corp. and Bremen High School Dist. No. 228 v. Mitchell.
Illinois Educational Labor Relations Board case summaries, July 1, 2007 through June 30, 2008 Education Law, January 2009 Recent Illinois Education Labor Relations Board cases.
State Board of Education news: ISBE advice to the field By Darren Reisberg Education Law, December 2008 School administrators and others are aware that ISBE issues “guidance” in the form of guidance letters, guidance documents, and newsletter articles.
State legislative update By Phil Milsk Education Law, December 2008 The following measures have either been signed into law in 2008 or could be enacted prior to the conclusion of the current session of the Illinois General Assembly on January 14, 2009.
Student discipline hearings By Phil Milsk Child Law, December 2008 The concept of the traditional family, typically a marital union between opposite-sex individuals and their children, is rapidly shifting.
ISBA Lawyers in Classrooms – An Invitation to Make A Difference! Education Law, October 2008 As part of our initiative to make a difference in the lives of Illinois students, and to assist in expanding diversity in the legal profession, you are invited to go back to school and speak to students on law-related topics.
Legislation signed clarifying responsibility for educational costs of residential placement By Phil Milsk Education Law, October 2008 In August, 2008, the Governor signed into law two companion bills intended to clarify the responsibility for educational costs when a student is placed in a residential program by an Illinois public agency or a juvenile court judge.
A principal’s guide to Internet policies & electronic communications By Brian D. Schwartz, Dr. Larry Janes, and Kenneth Reed Education Law, October 2008 The purpose of this article is to bring school administrators up to date on the legal and practical aspects of monitoring and regulating computer use within the schoolhouse gates.
Student discipline hearings By Phil Milsk Child Law, September 2008 Boards of Education in Illinois have the authority to suspend or expel students for “gross disobedience or misconduct” pursuant to Section 10-22.6 of the Illinois School Code. 105 ILCS 5/10-22.6(a).
Who owns the IP rights to high school sports? By Joseph A. Saltiel Intellectual Property, July 2008 When you missed your son scoring a touchdown in his state championship game this past November, the question is not whether you can relive the moment by purchasing photographs of it on the Internet, it is who is going to sell you those photographs.
Case update By Phil Milsk Education Law, June 2008 Two Illinois school districts and some parents sued the U.S. Secretary of Education seeking a declaratory judgment that certain requirements of the No Child Left Behind Act conflict with the Individuals with Disabilities Education Act.