In what is perhaps an agency first, the Wage and Hour Division of the U.S. Department of Labor (DOL) recently issued a letter in response to a request from a concerned parent. The parent sought an opinion on whether the […]
Category: K-12 Education
OK to Deny FOIA Request for Nonexistent Records
August 13, 2019
In a recent decision, the Illinois Appellate Court held that the nonexistence of requested documents is an affirmative defense to a complaint grounded in the Freedom of Information Act. The court also clarified that public bodies do not need to […]
Q&A on Supporting Students Impacted by ICE Raids
August 13, 2019
Recent raids by the United States Immigration and Customs Enforcement (ICE) in Mississippi are garnering national attention. The raids were conducted on the first day of school in the area, with hundreds of children coming home to find one or […]
A recent class-action lawsuit filed in Michigan, which seeks to overturn scores of Title IX decisions at Michigan State University, is the first of its kind. The case relies on a 2018 federal court ruling in Michigan that public colleges and universities […]
What Schools Can Do To Address Suspect Guardianship Orders in Financial Aid Decisions
August 6, 2019
A recent Department of Education inquiry regarding transfers of guardianship of college-aged students in Illinois is making news across the country. The Department’s Office of the Inspector General is looking into the practice of wealthy parents transferring guardianship of children to relatives […]
Discipline, Special Education, and Race: Key Takeaways From Civil Rights Commission Report
July 25, 2019
Originally posted on our Special Education Law Insights Blog In a July 2019 briefing report, the United States Commission on Civil Rights warned that students of color with disabilities face exclusionary discipline, like suspensions and expulsions, at much higher rates than their peers without disabilities. What […]
The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public entities violated FOIA by improperly applying for the “trade secrets” exemption […]
Update: Application of New Tenure Rules Under PERA
July 24, 2019
As we discussed in an alert in December, with PERA’s full implementation on September 1, 2016, new tenure rules are in effect in Illinois. ISBE guidance suggests that for those districts with a PERA implementation date of September 1, 2016, the […]