A recent informal Illinois Attorney General Public Access Counselor decision interpreting the Freedom of Information Act is an important reminder that redacting student names from public records is not always sufficient to protect student privacy. Particularly where parents, students, or […]
Category: Publications
Illinois Attorney General: Public Body Cannot Delete Record After Receipt of FOIA Request
“FOIA is a record access law, not a record retention law.” We have all said it, the statute supports it, and no court has held otherwise. A recent opinion from the Illinois Attorney General Public Access Counselor calls that maxim […]
Recent Illinois Case Addresses the Intersection of Public Data and Privacy in Public Records Laws
A recent Illinois Appellate Court decision raises interesting questions about how provisions protecting “private information” in open records laws should be interpreted in a world in which a vast wealth of information about individuals is available publicly, including online. The […]
Originally posted on our Title IX Insights Blog Franczek P.C. is a proud silver sponsor the Illinois Association of School Personnel Administrators (IASPA) Thirteenth Annual Conference on January 23-24, 2020. For any of you planning to attend, I hope you will join me […]
Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause
In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for dismissal. Although Illinois law allows school […]
Key Takeaways From ISBE Guidance and FAQ on Time Out and Physical Restraint Emergency Rules
Originally posted on our Special Education Law Insights Blog. After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”) released a Guidance […]
What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?
Originally posted on our Special Education Law Insights Blog. Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it issued amendments to the emergency […]
Originally posted on our Title IX Insights Blog We all know how important it is for responsible employees in educational institutions to report up the chain when they learn of sexual misconduct against a student. But the stakes for noncompliance just grew in […]