Education Law

Senate Bill 2332

Topic: 
Minors and tobacco products

(Morrison, D-Deerfield; Lilly, D-Chicago) raises the age from 18 to 21 who may buy tobacco products, electronic cigarettes, and alternative nicotine products. Eliminates the penalty for possession of a cigar, cigarette, smokeless tobacco, or tobacco in any of its forms by persons under 18 years of age. Passed both chambers. 

 

House Bill 4867

Topic: 
Multiple guardianships

(Olsen, R-Downers Grove; Syverson, R-Rockford) provides that the court may not appoint an individual as the guardian of the person or estate of an adult with disabilities before the individual has disclosed to the court the number of adults with disabilities to which the individual is currently appointed as guardian. If the court determines that an individual is appointed guardian to more than five adults with disabilities, then then circuit court clerk must notify the Guardianship and Advocacy no later than seven days after the entry of the order. Exempts the Office of the State Guardian and public guardians from the new provisions. Passed both chambers. 

Senate Bill 2660

Topic: 
ABLE accounts

(Scott Bennett, D-Champaign; Kelly Burke, D-Oak Lawn) and House Bill 4754 (Bennett, D-Champaign; Breen, R-Lombard) provide that on the death of a designated beneficiary, proceeds from an ABLE account may be transferred to the estate of a designated beneficiary, or to an account for another eligible individual specified by the designated beneficiary, or the estate of the designated beneficiary. Amends the Trusts and Trustees Act to provide that the court or a person with a disability may irrevocably assign resources of that person to either or both of: (1) an ABLE account; or (2) a discretionary trust that complies with the Medicaid reimbursement requirements of federal law. Provides that a court may reserve the right to determine the amount, duration, or enforcement of the irrevocable assignment. Passed both chambers. 

People ex rel. Ervin v. Barnett

Illinois Appellate Court
Civil Court
Election Code
Citation
Case Number: 
2018 IL App (1st) 172639
Decision Date: 
Friday, May 11, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
DELORT

Relator filed petition for leave to file quo warranto complaint against member of school board, alleging that he was a convicted felon and thus ineligible to hold office per section 29-15 of Election Code. Board member's conviction was for a crime to which he pled guilty at age 17, possession of a stolen vehicle, and that offense was not an "infamous" crime, and thus section 29-15 did not apply.(CUNNINGHAM and CONNORS, concurring.)

Castillo v. Chicago Board of Education

Illinois Appellate Court
Civil Court
Schools
Citation
Case Number: 
2018 IL App (1st) 171053
Decision Date: 
Tuesday, April 24, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
HYMAN

High school student and her family sued Board of Education, after a fellow student physically attacked her off-campus. Court properly held that Board was immune from suit. Board's alleged failure to prevent on-campus harassment depended on discretionary decisions about school discipline. Board's alleged failure to protect Plaintiff from off-camps attack involves police protection. Plaintiff did not sufficiently allege that Board spoiled evidence by not preserving a diary, which was in her school locker, where she recorded the attacker's harassment.(NEVILLE and MASON, concurring.)

Senate Bill 1997

Topic: 
Juvenile justice

(Morrison, D-Deerfield) allows a law enforcement office or DCFS, in consultation with the state's attorney, to transport a minor who has been taken under temporary custody under Article II to a child advocacy center or other age-appropriate facility to conduct and electronically record a forensic interview with the minor. It authorizes the law enforcement officer to consent to the recording of the interview of the minor under this Article. Assigned to Senate Criminal Law Committee for hearing next week. 

Quinn v. Board of Education of the City of Chicago

Illinois Appellate Court
Civil Court
Schools
Citation
Case Number: 
2018 IL App (1st) 170834
Decision Date: 
Thursday, March 29, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
GORDON

(Court opinion corrected 3/30/18.) Plaintiffs, all Chicago residents, claim Section 34-3 of School Code is unconstitutional because it denies Chicago residents the ability to vote for members of their school board, while residents of all other Illinois school districts may do so. No violation of equal protection. Legislature's constitutional decision to make office appointed rather than election is subject only to rational basis test, which is satisfied given large size of Chicago.Constitution does not provide fundamental right to approval of city council as opposed to approval of mayor.  Legislature's delegation of taxing authority to Chicago School Board does not violate due process; authority is under scrutiny and control of legislature.(McBRIDE and ELLIS, concurring.)

Shephard v. Regional Board of School Trustees of De Kalb County

Illinois Appellate Court
Civil Court
School Code
Citation
Case Number: 
2018 IL App (2d) 170407
Decision Date: 
Wednesday, March 28, 2018
District: 
2d Dist.
Division/County: 
DeKalb Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Plaintiffs petitionerd Regional Board of School Trustees to detach their properties from boundaries of DeKalb School District and annex them into boundaries of Sycamore School District. Board denied petition, after hearing, and court affirmed Board's decision. Plaintiffs raised concern that in 2014 incident, several students and faculty at elementary school in DeKalb School District had been hospitalized for exposure to carbon monoxide fumes from nearby landfill. Prior version of School Code allowed Regional Board to consider multiple factors simultaneously in ruling on detachment petition, amended (2016) version requires Regional Board to first determine that there would be a significant direct educational benefit to petitioners' children if petition were granted.Board's decision was not against manifest weight of evidence, as landfill incident was an isolated event not likely to reoccur.(HUDSON and SPENCE, concurring.)