In a sequel to a 2008 decision affirming the First Amendment rights of students to wear t-shirts stating “Be Happy, Not Gay,” the Seventh Circuit Court of Appeals found that the District Court properly granted summary judgment to the students […]
Appellate Court Holds that School District Under State Finance Control Did Not Breach Contract with Third Party
March 7, 2011
In Innovative Modular Solutions v. Hazel Crest School District 152.5, the First District Appellate Court vacated the trial court’s judgment in favor of Innovative Modular Solutions (IMS) holding that the Hazel Crest School District Finance Authority (the “Authority”) had the power […]
Department of Education Issues New Guidance on RtI and Special Education Evaluations
February 14, 2011
On January 21, 2011, the U.S. Department of Education Office of Special Education Programs (OSEP) issued a memorandum to all state special education directors clarifying the relationship between Response to Intervention (RtI) and special education evaluations under the Individuals with Disabilities Education […]
A three-judge panel of the Fifth Circuit Court of Appeals recently held that the use of race in admissions at the University of Texas, Austin (UT) was constitutional. But the victory for UT may be short lived, which serves as […]
Supreme Court’s Decision on Mayoral Candidate Rahm Emanuel’s Residency Likely to Have an Impact on School District Residency Issues
February 4, 2011
The newly elected mayor is sure to have a significant influence on public education in Chicago. Prior to the casting of a single vote, however, the election for Chicago’s mayor has already impacted residency issues for school districts outside Chicago’s […]
Illinois Appellate Court Holds Up Construction Funds
January 27, 2011
On January 26, the First District Appellate Court held in W. Rockwell Wirtz, an Individual and Wirtz Beverage Illinois, LLC, on Behalf of and for the Benefit of the Taxpayers of the State of Illinois v. Patrick Quinn, et.al, commonly known […]
The Care of Students with Diabetes Act Becomes Law
January 11, 2011
The Illinois legislature overrode the Governor’s prior amendatory veto of HB 6065 to enact the Care of Students with Diabetes Act. The Governor had suggested delaying the effective date of the Care Act to June 1, 2011, to give the […]
School District Must Provide Agreed-Upon Compensatory Services Within Ten Days of an IEP
January 10, 2011
A federal district court in Illinois recently upheld a hearing officer’s finding that a school district’s failure to implement agreed-upon compensatory services in a timely manner denied the student a free appropriate public education (FAPE). In Board of Educ. of City […]