Section Newsletter Articles on Education Law

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.
It is clear error for a school board to rely on an employee’s expunged record as a basis for discharge from employment By Andrew Creighton Administrative Law, June 2008 In Russell v. Board of Education of Chicago, the appellate court explained that when an administrative agency controls the manner of service of the final decision, the burden is on the agency to establish that the petition for review was filed more than 35 days after the final decision. 
Objecting to tax objections By Walter J. Zukowski and Jacob Frost Education Law, June 2008 With the economy slowing, taxpayers are looking for non-traditional ways to reduce costs.
How does the Illinois Eavesdropping Statute apply in the educational setting? By Eric R. Waltmire Intellectual Property, May 2008 This article addresses how and when the Illinois Eavesdropping statute applies to recordings in the educational setting.
Budget implementation for FY 2008 approved By Phil Milsk Education Law, February 2008 The State Fiscal Year 2008 Budget Implementation bill, SB 783, has finally become law. Budget implementation legislation is usually passed at the end of the Spring session along with budget bill(s).
From the Chair… By Brian D. Schwartz Education Law, February 2008 Thank you for your membership in the Education Law Section Council.
New Education Laws (Part II) By Marcy Dutton and Phil Milsk Education Law, February 2008 The following legislative summary completes our comprehensive review of 2007 Illinois legislation concerning education.
Origin of the Illinois State Response to Intervention (RtI) Plan By Darren Reisberg Education Law, February 2008 The plan that ISBE has developed for Response to Intervention, or “RtI,” represents the first state-level step in a transition that will take place over the next several years.
Administrative rules for special education: Process and outcomes By Darren Reisberg Education Law, October 2007 The comprehensive amendments to the State Board of Education’s rules for special education took effect on June 28, 2007.
Case note By Rob Lyons Education Law, October 2007 In a recent opinion, released July 23, 2007, Lucille Russell v. Board of Education of City of Chicago, et al., the First District Appellate Court reversed the trial court which had affirmed the Board of Education of the City of Chicago’s decision to dismiss a tenured teacher.
New Education laws By Marcy Dutton and Phil Milsk Education Law, October 2007 This is the first of a two-part article on new education laws in Illinois.
Obtaining accommodations for college students with disabilities By Matthew Cohen Child Law, September 2007 Although some children with disabilities may have impairments that are so severe that college is not a realistic option for them, many others have the potential to be highly successful in college and beyond, particularly if provided the appropriate accommodations that they need to function within the college environment.
Case update By Phil Milsk Education Law, July 2007 On June 25, 2007, a divided United States Supreme Court upheld the suspension of an Alaska high school student who refused to lower a banner that read “BONG HiTS 4 JESUS” while attending a school-sponsored event. Morse v. Frederick, 551 U.S. ___(2007).
To have and to help: University administrators reflect on involuntary withdrawal policies By Eileen G. Sullivan and Brian O. Hemphill Education Law, July 2007 Colleges and universities have varied in their approach to dealing with the establishment of an Involuntary Withdrawal Policy for students with psychological disorders.
Atwell: Investigations of public employees involving criminal conduct— A trap for the unwary By Lawrence Jay Weiner Education Law, May 2007 So your local school district client calls you believing that a tenured teacher has stolen some registration money, and asks you to investigate.
Illinois Educational Labor Relations Board case summaries Education Law, May 2007 The First District Appellate Court affirmed the IELRB’s finding that the District violated Sections 14(a)(5) and (1) of the Act by reneging on an agreement reached on October 6, 2001.
Educational Implications of Garcetti v. Ceballos By Vickie Gillio Education Law, December 2006 On May 30, 2006, the U.S. Supreme Court released Garcetti v. Ceballos, a landmark First Amendment decision regarding public employee speech.
Legislative Update, Part II* Education Law, December 2006 Legislation of interest to education law practitioners.
FY 2007 elementary and secondary education budget Education Law, June 2006 The Governor recently signed into law SB 1520, the omnibus budget bill for State Fiscal Year 2007.
Cyber bullying / cyber harassing / cyber stalking By Deborah Pergament Education Law, April 2006   This article provides a general overview of the legal issues created by the use of the Internet and other forms of telecommunication for bullying and is not intended to provide legal advice
Governor signs Pension Reform Bill By Michael J. Hernandez Education Law, June 2005 The Governor has signed Senate Bill 27 into law. Among other things, SB 27 extends the teachers' Early Retirement Option (ERO).
Hot topics in education law By Paul E. Freehling Administrative Law, February 2005 On Friday, February 25, 2005, at the ISBA’s Chicago Office from 9 AM to 4 PM, the ISBA Education Law Section will present a seminar on the subject of education law.
Illinois Educational Labor Relations Board decisions By Rob Lyons Education Law, January 2005 Recent cases of interest to education law practitioners.
Affirmative action in higher education revisited: 2003 Supreme Court decisions By Vickie Gillio and Joy A. Roberts Racial and Ethnic Minorities and the Law, September 2003 This is a special edition of the newsletter), as the entire edition is devoted to an evaluation of the use of affirmative action policies in higher education institutions and its implications on law school admissions.
Don’t be fooled: Tips for school board candidates for the 2003 Illinois consolidated election By Anthony J. Jacob Young Lawyers Division, October 2002 With the 2003 Consolidated Election being held in April, school board candidates should be wary of being fooled by Illinois' statutory election procedures.
Planning for higher education expenses By Kenneth R. Eathington Agricultural Law, September 2002 Paying higher education expenses can be a daunting task. Recent changes in the tax laws provide increased incentives for saving for higher education, as well as tax breaks to help offset some of the costs when you pay the expenses.
Case notes By William Bradley Colwell and Chris Mattocks Education Law, April 2002 On May 29, 2001, the United States Supreme Court further defined what constitutes a "prevailing party" under federal law for the purposes of collecting attorney fees.
New school laws 2001: a summary of education related Illinois legislation enacted in 2000* By Marcy Dutton Education Law, June 2001 The bill amends the Local Records Act to allow for the destruction or disposal of any original record that has been microfilmed. Currently,
New school laws 2001: A summary of education related Illinois legislation enacted in 2000 By Marcy Dutton and Belinda Alvarez Education Law, May 2001 The bill amends the Local Records Act to allow for the destruction or disposal of any original record that has been microfilmed. Currently, originals of digitized records can be so disposed.