Articles on Education Law

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 & 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 & 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.
Special Education Hearing Officer: A “hybrid” federal/state Administrative Law Judge By Hon. Ann Breen-Greco Administrative Law, October 2006 The role of a Special Education Hearing Officer/ALJ is unique: a “hybrid” ALJ—one who is part of a “national corps” of Special Education HO/ALJs, working under a federal statute, whose decisions are reviewed in federal court, and who is paid by federal funds but who works for a state board of education which administers the program.
Legislative update Education Law, September 2006 Editor’s Note: This is Part I of our Legislative Report for 2006.
Education labor relations case decisions By Mike Lamb Education Law, June 2006 The 5th District Appellate Court upheld the dismissal of an administrative review action for failure to name the administrative agency and its hearing officer and for failure to serve that agency and its hearing officer within 35 days as required by statute. (735 ILCS 5/3-103).
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
Legislative summary, Part II Education Law, April 2006 Summary: Contains substantial changes regarding the State’s pension payments and to key provisions of the Pension Code relating to teachers and school administrators.
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.
Legislative summary Education Law, December 2005 This is the first of two issues devoted primarily to a report on new legislation acted upon in 2005 by the Illinois General Assembly.
State legislative summary Part I Education Law, October 2005 Summary: Amends the School District Conversion Article of the School Code to provide for election of board members for a new high school district and requires the format for the election of the new high school board must be defined in the petition submitted to the voters.
Teaching about genocide-A new Illinois law mandates that schools teach about the seven human rights catastrophes in addition to the Holocaust By Elizabeth Al-Dajani Human and Civil Rights, September 2005 The law amends Section 5 of the School Code by requiring that public elementary and high schools teach about additional genocides and human rights catastrophes in addition to the Holocaust.
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.
Federal Budget for FY 2006 Education Law, June 2005 The House Committee on Appropriations' Subcommittee on Labor, HHS, and Education marked up its FY 2006 budget on June 9, 2005.
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).
IDEIA 2004 proposed rules released Education Law, June 2005 The United States Department of Education has issued proposed rulemaking to implement the Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446.
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.
Other federal developments Education Law, June 2005 Thanks to Rocky Martinez and the staff at the Illinois Student Assistance Commission for contributing the following items:
Case update By Rob Lyons Education Law, May 2005 This summary was prepared by Rob Lyons, IEA counsel, member of the Education Law Section Council and co-editor of the Newsletter.
No standing to challenge daughter’s required Pledge of Allegiance By Patrick E. Ward General Practice, Solo, and Small Firm, May 2005 We were awaiting the ruling on whether the phrase "under God" as part of a required recitation of the Pledge of Allegiance violated the Establishment and Free Exercise Clauses of the First Amendment to the United States Constitution as it applied to the States by incorporation into the Fourteenth Amendment.
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.

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