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Education Law
The newsletter of the ISBA’s Section on Education Law

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Newsletter Articles From 2016

Another bullying case dismissed in federal court By Roland R. Cross 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.
Case summaries By Walter J. Zukowski & James S. Peters September 2016 The case of Moore v. Board of Education of the City of Chicago may signal a similar limitation of discretion for all Illinois school districts faced with similar circumstances.
Court overturns PAC decision regarding what must be discussed prior to vote in public meeting By Everett Nicholas 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 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 April 2016 A summary of Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board.
Emotional support animals on campus By Robert L. Miller June 2016 While requests for emotional support animals on campuses are not new, the frequency and variety of these requests has been growing over the last several years.
New FOIA decisions By Everett Nicholas August 2016 On June 24, 2016, the First District interpreted the question of whether the Illinois High School Association was a subsidiary body subject to FOIA. The Second District addressed the question of what types of data a public body must disclose from its databases.
New Illinois Public Acts By Phil Milsk September 2016 Recently signed legislation concerning education.
New Illinois Public Acts By Phil Milsk August 2016 New laws of interest to education law practitioners.
Recent education law cases By Phil Milsk, Claudia E. Castro, & Rob Lyons November 2016 Three recent cases of interest to education law practitioners.
Seventh Circuit finds that Chicago principal was not terminated due to his age By Phyleccia Cole 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 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.
Summary of new Illinois education laws effective January 1, 2016 By Phil Milsk April 2016 Recent legislation of interest to education law practitioners.
Supreme Court provides guidance on the use of race as a factor in university admissions By Everett Nicholas 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.
Texas judge puts temporary halt on recent transgender guidance By Jonathan Helwink September 2016 Texas v. U.S., together with a nearly identical lawsuit filed in Nebraska, is the latest in a number of transgender rights cases across the country.
Transgender issues in schools and the workplace: Personal records By Edward Druck, Jennifer Smith, & Brianne Dunn 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.