Publications

Articles on Schools

Neglecting Mandatory Asbestos Reinspections Could Lead to Liability for Schools

By Craig T. Liljestrand
November
2003
Article
Page 571
A review of the Asbestos Hazard Emergency Response Act's mandatory reinspection requirements.

Funding procedure for Alternative Learning Opportunities Programs clarified

September
2003
Illinois Law Update
Page 436
The Illinois State Board of Education recently adopted an amendment to 23 Ill Adm Code 240, governing Alternative Learning Opportunities Programs (ALOPs).

Changes in place for teacher and administrator certification

July
2003
Illinois Law Update
Page 332
The Illinois State Board of Education recently amended 23 Ill Adm Code 25, related to administrator and teacher certification. The amendments, effective April 28, 2003, are designed to implement two major components of P.A. 92-796.

IHSA’s definition of “undue influence” not vague and ambiguous, yet summary judgment inappropriate where it is unclear whether definition applied in fair manner

July
2003
Illinois Law Update
Page 332
On April 30, 2003, the Appellate Court of Illinois, Fourth District, reversed and remanded the order of the circuit court of McLean County granting the defendant, IHSA, summary judgment.

Cellular radio regulations passed for school bus drivers P.A 92-0730

June
2003
Illinois Law Update
Page 280
In an effort to ensure the safety of school bus drivers and their passengers, the Illinois legislature amended the Illinois Vehicle Code by adding section 12-813.1. 625 ILCS 5/12-813.1.

Changes made to beneficiaries under Teachers’ Retirement System P.A. 92-0862

May
2003
Illinois Law Update
Page 226
The State Employees Group Insurance Act of 1971 was amended recently by changing section 6.5.

School legal drug policy prohibits disciplinary action for refusal of psychostimulants P.A. 92-0663

January
2003
Illinois Law Update
Page 14
Effective January 1, 2003, Illinois school boards will be required to adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student.

Legislation authorizes students to voluntarily engage in individually-initiated prayer in public schools; P.A. 92-0832

November
2002
Illinois Law Update
Page 584
On August 22, 2002, Gov. George H. Ryan signed into law House Bill 4117, amending the Silent Reflection Act.

College saving in Illinois; a new carrot and stick

By Helen W. Gunnarsson
October
2002
LawPulse
Page 506
Illinois residents have another incentive to invest in Illinois' Bright Start college savings program; and a disincentive to participate in plans offered by other states.

Local Governmental and Governmental Employees Tort Immunity Act shields school district from liability when shop teacher makes discretionary policy determination involving safety of saw

October
2002
Illinois Law Update
Page 512
On August 14, 2002, the Appellate Court of Illinois, Fourth District, affirmed the holding of the circuit court of Vermilion County, and held that the school district was shielded from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Act), 745 ILCS 10/2-201.

Correspondence from Our Readers

September
2002
Column
Page 442
Eaton's passionate presidency

System awarding grants to school districts for construction projects modified

September
2002
Illinois Law Update
Page 454
On July 1, 2002, the Capital Development Board (board) adopted amendments to section 40 of the Illinois Administrative Code. 71 Ill Adm Code 40.

Correspondence from Our Readers

July
2002
Column
Page 334
Put family first.

Correspondence from Our Readers

June
2002
Column
Page 278
Medicare liens; a clarification.

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.

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