State legislative updateBy Phil MilskEducation Law, December 2008The following measures have either been signed into law in 2008 or could be enacted prior to the conclusion of the current session of the Illinois General Assembly on January 14, 2009.
Student discipline hearingsBy Phil MilskChild Law, December 2008The concept of the traditional family, typically a marital union between opposite-sex individuals and their children, is rapidly shifting.
Student discipline hearingsBy Phil MilskChild Law, September 2008Boards of Education in Illinois have the authority to suspend or expel students for “gross disobedience or misconduct” pursuant to Section 10-22.6 of the Illinois School Code. 105 ILCS 5/10-22.6(a).
Case updateBy Phil MilskEducation Law, June 2008Two Illinois school districts and some parents sued the U.S. Secretary of Education seeking a declaratory judgment that certain requirements of the No Child Left Behind Act conflict with the Individuals with Disabilities Education Act.
Budget implementation for FY 2008 approvedBy Phil MilskEducation Law, February 2008The State Fiscal Year 2008 Budget Implementation bill, SB 783, has finally become law. Budget implementation legislation is usually passed at the end of the Spring session along with budget bill(s).
New Education Laws (Part II)By Marcy Dutton & Phil MilskEducation Law, February 2008The following legislative summary completes our comprehensive review of 2007 Illinois legislation concerning education.
New Education lawsBy Marcy Dutton & Phil MilskEducation Law, October 2007This is the first of a two-part article on new education laws in Illinois.
Case updateBy Phil MilskEducation Law, July 2007On June 25, 2007, a divided United States Supreme Court upheld the suspension of an Alaska high school student who refused to lower a banner that read “BONG HiTS 4 JESUS” while attending a school-sponsored event. Morse v. Frederick, 551 U.S. ___(2007).
Case updateBy Phil MilskEducation Law, December 2005The U.S. District Court for the Eastern District of Michigan has granted the U.S. Department of Education’s motion to dismiss the National Education Association’s challenge to the mandatory testing provisions of the No Child Left Behind Act.
Bills pending action by the governorBy Phil MilskEducation Law, June 2005A number of school-related bills have passed both houses of the General Assembly and have been sent to the Governor.
Legislative updateBy Phil MilskEducation Law, June 2005Governor Blagojevich has signed SB 64, which amends Section 27-23.3 of the Illinois School Code to require school districts to include students who participate in interscholastic athletic programs in instruction designed to prevent steroid abuse.
Editor’s noteBy Phil MilskEducation Law, October 2004(Notice to librarians: The following issues were published in Volume 48 of this newsletter during the fiscal year ending June 30, 2004: July, No. 1; December, No. 2; April, No. 3; June, No. 4).
Editor’s noteBy Phil MilskEducation Law, June 2004This issue of our newsletter consists of the third and final part of our State legislative summary for 2003.
Legislative update: Part IIIBy Phil MilskEducation Law, June 2004Summary: Prohibits wage discrimination between similarly employed employees based solely on gender. It contains record keeping, posting and other requirements.
Seventh Circuit holds Buckhannon applies to IDEABy Phil MilskAnimal Law, December 2003In Buckhannon Board. & Care Home v. W. Va. Dept. of Health and Human Resources, 532 U.S. 598(2001), a case involving attorney fee-shifting provisions of the Americans with Disabilities Act and the Fair Housing Amendments Act, the Supreme Court held that in order to be a “prevailing party” under those acts a litigant must obtain judicially-sanctioned relief such as a judgment on the merits or a consent decree. 532 U.S. at 603-604.
Editors’ noteBy Phil Milsk & Lawrence WeinerEducation Law, November 2002This issue of the Education Law Section newsletter features a timely and informative article on the No Child Left Behind Act, a complex and often confusing new federal law that school districts, teachers, parents and education policymakers will be trying to figure out for the foreseeable future
Private right of action for federal privacy violations barredBy Phil MilskEducation Law, November 2002On June 20, 2002, the United States Supreme Court held, in the case of Gonzaga University v. Doe, that parents and students who claim to be aggrieved by violations of the Family Educational Rights and Privacy Act of 1974 (FERPA) have no private right to sue under FERPA.
Editor’s noteBy Phil MilskEducation Law, December 2001This issue of the Education Law Section newsletter consists of a comprehensive digest of education-related legislation that passed both houses of the Illinois General Assembly during 2001, up to and including the recently concluded fall veto session.
Chair’s columnBy Phil MilskEducation Law, January 2001It is truly an honor to be serving as Chair of the Education Law Section Council this year
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