Education Law

The Board of Education of Schaumburg Community Consolidated School District No. 54 v. The Teachers' Retirement System of the State of Illinois

The Board of Education of Schaumburg Community Consolidated School District No. 54 v. The Teachers' Retirement System of the State of Illinois
Illinois Appellate Court
Civil Court
School Districts
Citation
Case Number: 
2013 IL App (4th) 120419
Decision Date: 
Monday, January 7, 2013
District: 
4th Dist
Division/County: 
Sangamon Co.
Holding: 
Affirmed.
Justice: 
POPE
Court properly affirmed decision of Board of Trustees for Teachers Retirement System denying School District's request for exemption from assessment, because District provided some administrators raises in excess of 6% in years preceding their retirements. Participation in Retirement Program was not a compulsory term of employment . Administrator's agreement to participate in Program formed an independent contract, which was not formed until submitting irrevocable notice of intent to retire. As salary increases at issue were paid per contracts entered into after June 1, 2005, they were not exempt. Thus, District was required to pay into retirement system the present value of increase in benefits resulting from increase in salary in excess of 6%. (APPLETON and KNECHT, concurring.)

People v. DeSomer

People v. DeSomer
Illinois Appellate Court
Criminal Court
Hearsay
Citation
Case Number: 
2013 IL App (2d) 110663
Decision Date: 
Thursday, January 3, 2013
District: 
2d Dist.
Division/County: 
Kendall Co.
Holding: 
Affirmed.
Justice: 
BIRKETT
Defendant was convicted of domestic battery and resisting a peace officer. Court properly admitted under excited-utterance exception to the hearsay rule a statement by Defendant's girlfriend, the alleged victim (after officer saw her running and screaming in the street and she appeared visibly disturbed and shaking), that he was beating her. Precise amount of time between startling occurrence and statement is not critical; key issue is whether the statement was made while the excitement of the event predominated. (ZENOFF and HUDSON, concurring.)

Carr et al. v. Koch

Carr et al. v. Koch
Illinois Supreme Court
Civil Court
Standing
Citation
Case Number: 
2012 IL 113414
Decision Date: 
Thursday, November 29, 2012
District: 
4th Dist
Division/County: 
Sangamon Co.
Holding: 
Appellate court affirmed.
Justice: 
THOMAS
Plaintiffs filed declaratory judgment action seeking declaration that Illinois education funding statute violates equal protection clause of Illinois constitution. Plaintiffs' alleged injury, paying higher local property taxes than residents of property-rich school districts, is not a direct result of enforcement of education funding statute, or fairly traceable to actions of Defendants in enacting the statute. Thus, injury is too attenuated to establish standing. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)

Doe v. St. Francis School District

Federal 7th Circuit Court
Doe v. St. Francis School District
Civil Court
School Law
Citation
Case Number: 
No. 12-1039
Decision Date: 
September 10, 2012
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in granting defendant-public school district's motion for summary judgment in Title IX action alleging that defendant failed to prevent one of its female teachers from sexually abusing plaintiff-14-year-old male student. While defendant conceded misconduct on part of teacher, such evidence was insufficient by itself to make defendant liable since neither school's principal or superintendent was aware of any relationship before it culminated in incident in which student visited teacher's apartment and engaged in kissing and petting. Fact that other teachers suspected existence of improper relationship between plaintiff and teacher did not require different result where teacher denied existence of relationship after superintendent confronted teacher about said suspicion.

Public Act 97-1104

Topic: 
Juvenile records
(Sente, D-Lincolnshire; Millner, R-West Chicago) amends the Juvenile Court Act to allow law enforcement to orally share information that would otherwise be confidential to certain school officials if law enforcement believes that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds. Effective January 1, 2013.
View Full Text of Legislation

Public Act 97-803

Topic: 
Neglected child
(Haine, D-Alton; Mayfield, D-Waukegan) creates an additional definition of “neglected child” in the Abused and Neglected Child Reporting Act. It includes an environment that is injurious if (1) the child’s environment creates a likelihood of harm to the child’s health, physical well-being, or welfare and (2) the likely harm to the child is the result of a blatant disregard of parent or caretaker responsibilities. “Blatant disregard” is defined as if the real, significant, and imminent risk of harm would be so obvious to a reasonable parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without exercising precautionary measures to protect the child from harm. Effective July 13, 2012.
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C.E. and C.L. v. The Board of Education of East St. Louis School District No. 189

C.E. and C.L. v. The Board of Education of East St. Louis School District No. 189
Illinois Appellate Court
Civil Court
School Districts
Citation
Case Number: 
2012 IL App (5th) 110390
Decision Date: 
Monday, June 18, 2012
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed.
Justice: 
WELCH
(Court opinion corrected 7/2/12.) Legislative intent of Section 29-4 of School Code, as to transportation for students attending charter school or nonpublic school, is that transportation be provided to nonpublic school students only on same basis as provided to public school students, while minimizing cost to district and not interfering with its convenience or efficiency. Thus, district is not required to provide bus service on days when district schools are not in session but Catholic school is in session. (CHAPMAN and SPOMER, concurring.)

Clarke v. Community Unit School District 303

Clarke v. Community Unit School District 303
Illinois Appellate Court
Civil Court
School Law
Citation
Case Number: 
2012 IL App (2d) 110705
Decision Date: 
Wednesday, June 20, 2012
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
McLAREN
Court granted School District judgment on the pleadings in suit challenging as premature consolidation of two elementary schools in violation of School Code in effort to improve ISAT scores. Genuine issue of material fact exists as to whether reorganization plan is a School Improvement Plan (SIP) under School Code. Plaintiffs, as representatives of their children, have a legally cognizable interest and standing. (JORGENSEN and SCHOSTOK, concurring.)

C.E. and C.L. v. The Board of Education of East St. Louis School District No. 189

C.E. and C.L. v. The Board of Education of East St. Louis School District No. 189
Illinois Appellate Court
Civil Court
School Districts
Citation
Case Number: 
2012 IL App (5th) 110390
Decision Date: 
Monday, June 18, 2012
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed.
Justice: 
WELCH
Legislative intent of Section 29-4 of School Code, as to transportation for students attending charter school or nonpublic school, is that transportation be provided to nonpublic school students only on same basis as provided to public school students, while minimizing cost to district and not interfering with its convenience or efficiency. Thus, district is not required to provide bus service on days when district schools are not in session but Catholic school is in session. (CHAPMAN and SPOMER, concurring.)