Education Law

The newsletter of the ISBA’s Section on Education Law

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2000 Articles

Americans with Disabilities Act June 2000 During 1998-1999 term, the United States Supreme Court resolved three pending issues with regard to the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. ("ADA"): (1) the impact of an employee's receipt of disability benefits upon an ADA claim;
Athletic participation June 2000 A learning disabled student challenged Indiana High School Athletic Association's ("IHSA") rule that limits a student's athletic eligibility to the first eight semesters following the student's commencement of the ninth grade.
Employee drug testing June 2000 On October 4, 1999, the United States Supreme Court declined to review a decision of the Sixth Circuit Court of Appeals upholding suspicionless drug testing of public school teachers in certain circumstances.
Fair Labor Standards Act— athletic trainers June 2000 The Court of Appeals for the Fifth Circuit ruled that athletic trainers are covered under the professional exemption from overtime requirements of the Fair Labor Standards Act ("FLSA").
Finance June 2000 Illinois "cash basis" school districts do not violate §17-1 of The School Code by adopting their tax levy in any given year before adopting a budget for the next ensuing fiscal year.
Illinois Educational Labor Relations Board case summary January 1, 1999 through December 31, 1999 March 2000 The underlying complaint alleged that Public Act 89-15 (section 4.5 of the IELRA) violated the plaintiffs' rights under the equal protection clause of the 14th Amendment because it was a thinly disguised mechanism for racial discrimination and discrimination based on political activity or affiliation, and that it deprived them of their property interest in continued employment without due process.
Immunity from suit—personal injury June 2000 The Illinois Appellate Court, Second District, affirmed a Lake County judge's dismissal of a personal injury claim against the Special Education District of Lake County (SEDOL") on the grounds of tort immunity.
Magnet schools—use of race June 2000 The Court of Appeals of the Fourth Circuit ruled that school district's refusal to allow a student to transfer to a magnet school because of his race violated the Constitution.
School vouchers June 2000 In two separate lawsuits, individual taxpayers challenged the Education Expense Credit Act (P.A. 91-9).
Sexual harassment—student-to-student June 2000 The U.S. Supreme Court has ruled that a school district can be found liable for monetary damages under Title IX for its failure to respond adequately to a student's complaints of severe and offensive sexual harassment by a fellow student.
Special education June 2000 The Supreme Court held that one-on-one continuous nursing is a "related service" under the Individuals with Disabilities Education Act, making public schools responsible to provide such care to students who need it during school hours.
Student discipline June 2000 A federal district court granted Decatur school district's motion to dismiss the complaint of several students expelled from school for violation of school rules.
Teacher dismissal June 2000 In a recent decision, a tenured teacher was dismissed for allegations involving sexual harassment without a prior notice to remedy having been issued by the board of education.
TITLE IX ­ Sex equity in athletics June 2000 Illinois State University's elimination of its men's wrestling and soccer teams as the means to comply with Title IX was permissible according to the Seventh Circuit Court of Appeals.
Tuition reimbursement June 2000 A student at Herrin School District No. 4 was expelled from school for possession of controlled substances.
Veto session update March 2000 Creates the Public Construction Contract Act to mandate that all public construction contracts (excluding the State of Illinois and the Metropolitan Water Reclamation District) over $75,000 must contain provisions that allow for contractors to recover increased costs resulting from "unforeseen latent or subsurface conditions.
Voice of the chair By Vickie Gillio June 2000 As I pass the baton of leadership to Philip Milsk who has been appointed chair for this next year, I thought I'd take a few moments to reflect on the issues raised in my initial Voice of the Chair.
Voice of the chair March 2000 In my pre-millennium voice of the chair, I addressed the very real societal and legal issues affecting our educational institutions, teachers, students, and society.