Articles From Phil Milsk

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.
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.
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).
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.
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).
New Education Laws (Part II) By Marcy Dutton & Phil Milsk Education Law, February 2008 The following legislative summary completes our comprehensive review of 2007 Illinois legislation concerning education.
New Education laws By Marcy Dutton & Phil Milsk Education Law, October 2007 This is the first of a two-part article on new education laws in Illinois.
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).
Case update By Phil Milsk Education Law, December 2005 The U.S. District Court for the Eastern District of Michigan has granted the U.S. Department of Education’s motion to dismiss the National Education Association’s challenge to the mandatory testing provisions of the No Child Left Behind Act.
Bills pending action by the governor By Phil Milsk Education Law, June 2005 A number of school-related bills have passed both houses of the General Assembly and have been sent to the Governor.
Legislative update By Phil Milsk Education Law, June 2005 Governor Blagojevich has signed SB 64, which amends Section 27-23.3 of the Illinois School Code to require school districts to include students who participate in interscholastic athletic programs in instruction designed to prevent steroid abuse.
Editor’s note By Phil Milsk Education Law, October 2004 (Notice to librarians: The following issues were published in Volume 48 of this newsletter during the fiscal year ending June 30, 2004: July, No. 1; December, No. 2; April, No. 3; June, No. 4).
Governor signs education governance reform legislation By Phil Milsk Education Law, October 2004 On September 14, 2004, Governor Blagojevich signed SB 3000, now Public Act 93-1036, into law, effective immediately.
Editor’s note By Phil Milsk Education Law, June 2004 This issue of our newsletter consists of the third and final part of our State legislative summary for 2003.
Legislative update: Part III By Phil Milsk Education Law, June 2004 Summary: Prohibits wage discrimination between similarly employed employees based solely on gender. It contains record keeping, posting and other requirements.
Seventh Circuit holds Buckhannon applies to IDEA By Phil Milsk Animal Law, December 2003 In Buckhannon Board. & Care Home v. W. Va. Dept. of Health and Human Resources, 532 U.S. 598(2001), a case involving attorney fee-shifting provisions of the Americans with Disabilities Act and the Fair Housing Amendments Act, the Supreme Court held that in order to be a “prevailing party” under those acts a litigant must obtain judicially-sanctioned relief such as a judgment on the merits or a consent decree. 532 U.S. at 603-604.
Editors’ note By Phil Milsk & Lawrence Weiner Education Law, November 2002 This issue of the Education Law Section newsletter features a timely and informative article on the No Child Left Behind Act, a complex and often confusing new federal law that school districts, teachers, parents and education policymakers will be trying to figure out for the foreseeable future
Private right of action for federal privacy violations barred By Phil Milsk Education Law, November 2002 On June 20, 2002, the United States Supreme Court held, in the case of Gonzaga University v. Doe, that parents and students who claim to be aggrieved by violations of the Family Educational Rights and Privacy Act of 1974 (FERPA) have no private right to sue under FERPA.
Editor’s note By Phil Milsk Education Law, December 2001 This issue of the Education Law Section newsletter consists of a comprehensive digest of education-related legislation that passed both houses of the Illinois General Assembly during 2001, up to and including the recently concluded fall veto session.
Chair’s column By Phil Milsk Education Law, January 2001 It is truly an honor to be serving as Chair of the Education Law Section Council this year

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