Publications

Section Newsletter Articles on Education Law

Granite City High School: A democracy school with a proud tradition of service Law Related Education for the Public, August 2016 Granite City High School imparts a strong belief that civic engagement among its students prepares them to become productive and responsible citizens and it has a long-standing tradition of community service and civic engagement.
The growth of law-related education By Lauren Evans DeJong Law Related Education for the Public, August 2016 Illinois now requires one full semester of civics for all students enrolling in high school on or after July 1, 2016.
New Illinois Public Acts By Phil Milsk Education Law, August 2016 New laws of interest to education law practitioners.
O’Fallon Township High School: A democracy school focused on civics engagement Law Related Education for the Public, August 2016 O’Fallon Township High School, a school of 2,600 students in O’Fallon, Illinois (just east of St. Louis) was recently designated a Democracy School by the Illinois Civic Mission Coalition.
Supreme Court provides guidance on the use of race as a factor in university admissions By Everett Nicholas Education Law, August 2016 A summary of in which a female applicant to the university was denied admission and sued, alleging that its consideration of race in regard to her application violated the Equal Protection Law.
Admissibility of school report cards By Kathleen M. Kraft Family Law, July 2016 A look at the two avenues available to utilizing the school report cards in trial.
Seventh Circuit finds that Chicago principal was not terminated due to his age By Phyleccia Cole Education Law, June 2016 A summary of the recent decision in Lionel Bordelon v. Board of Education of the City of Chicago.
Seventh Circuit rejects teacher’s challenge to district policy on use of racial epithets in classroom By Phil Milsk Education Law, June 2016 In Brown v. Chicago Board of Education, a sixth grade teacher challenged his suspension for violating a Board policy regarding the use of racially offensive words in class.
Taking on mandatory arbitration at for-profits and its effects By Hubert Zanczak Alternative Dispute Resolution, June 2016 Currently, most for-profit higher education institutions require students to sign an arbitration agreement as a condition of enrollment. The weights of justice are tilted toward the institutions from the start by forcing students to give up their rights to litigation and rather to concede to arbitration of their claims.
Transgender issues in schools and the workplace: Personal records By Edward Druck, Jennifer Smith, and Brianne Dunn Education Law, June 2016 The rights of transgender individuals and the application of those rights in the absence of specific laws leave schools and employers in unfamiliar territory on myriad issues. This article looks looks at the management of records with sensitive information regarding an individual’s gender transition.
Transgender issues in schools and the workplace: Personal records By Edward Druck, Jennifer Smith, and Brianne Dunn Diversity Leadership Council, June 2016 The rights of transgender individuals and the application of those rights in the absence of specific laws leave schools and employers in unfamiliar territory on myriad issues. This article looks looks at the management of records with sensitive information regarding an individual’s gender transition.
Another bullying case dismissed in federal court By Roland R. Cross Education Law, April 2016 On August 24, 2015, the United States Court of Appeals, Seventh Circuit, upheld a decision from the Northern District of Indiana which granted summary judgment to East Porter County School Corporation, Morgan Township Middle/High School, Porter Township School Corporation and Boone Grove Middle School with respect to allegations that the Districts violated a student’s Section 1983 rights with respect to allegations of bullying.
Court overturns PAC decision regarding what must be discussed prior to vote in public meeting By Everett Nicholas Education Law, April 2016 A look at Board of Education of Springfield School District No. 186 v. The Attorney General of the State of Illinois and Molly Beck.
Court overturns school board’s rejection of teacher dismissal arbitration award in case of first impression By Everett Nicholas Education Law, April 2016 A discussion of Beggs v. Board of Education of Murphysboro Community Unit School District No. 186.
Duty to bargain insertion of “do not hire” memos in employee files rejected by Supreme Court By Everett Nicholas Education Law, April 2016 A summary of Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board.
Summary of new Illinois education laws effective January 1, 2016 By Phil Milsk Education Law, April 2016 Recent legislation of interest to education law practitioners.
New STEM OPT extension rules to extend the program have been proposed By Tejas Shah, Songhee Sohn, and Peter Land International and Immigration Law, December 2015 The proposed rules preview changes to the practical training guidelines for foreign students who are currently studying or have completed studies in the academic areas of science, technology, engineering and mathematics in the U.S. and elect to work to enhance their knowledge in a STEM field.
In re pension reform litigation By Roland R. Cross and Elizabeth A. Tracy Education Law, October 2015 On May 8, 2015 the Supreme Court of Illinois unanimously found Public Act 98-599 to be unconstitutional and invalid.
New public Acts By Phil Milsk Education Law, October 2015 A summary of some of the important education legislation passed by the Illinois General Assembly during the 2015 Spring session and signed into law by Governor Rauner.
Lutkauskas v. Ricker, 2015 IL 117090 (Ill.S.Ct. 2015) By Everett Nicholas Education Law, May 2015 A summary of this recent case of interest to education law practitioners.
T.K. ex rel. L.K. v. New York City Dep’t of Educ. (E.D.N.Y. 2014) By Neal Takiff Education Law, May 2015 The issue in this case was whether the student was denied a free appropriate public education (FAPE) as a result of the bullying she endured during the 2007-2008 school year and, if FAPE was denied, whether the Parents' unilateral placement of L.K. in a therapeutic day school for the 2008-2009 school year was appropriate, entitling them to reimbursement.
Continuing legal education programs Education Law, January 2015 Save the dates for these two not-to-be-missed education law programs!
Legislative update By Phil Milsk Education Law, January 2015 A summary of the bills from the Illinois General Assembly's 2014 veto session.
Recent school bullying decisions By Roland Cross Education Law, January 2015 In August and September 2014, the Second District Appellate Court of Illinois and the Seventh Circuit Court of Appeals issued decisions with respect to school bullying.
New Public Acts By Phil Milsk Education Law, October 2014 Recent legislation of interest to education law practitioners.
Tenured teacher has no property interest in employment after lay-off By Roland Cross Education Law, October 2014 A summary of Price v. Board of Education of the City of Chicago and Barbara Byrd-Bennett.
Illinois Educational Labor Relations Board cases—July 1, 2012 - June 30, 2013 By Victor Blackwell Education Law, June 2014 Recent cases of interest to education law practitioners.
Streamlined dismissals for tenured teachers: The OAED process By Eric Grodsky Education Law, June 2014 With most Illinois districts’ PERA implementation dates quickly approaching, it is imperative that all stakeholders understand this process in order to proceed consistently with the School Code.
Noteworthy new cases in education law By Neal Takiff, Kelly Coyle, Roland Cross, Stephen G. Katz, and Edward J. Copeland Education Law, May 2014 Recent cases of interest to education law practitioners.
Correction Education Law, February 2014 Acknowledging an error in the October issue of this newsletter.