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).
Who owns the IP rights to high school sports?By Joseph A. SaltielIntellectual Property, July 2008When you missed your son scoring a touchdown in his state championship game this past November, the question is not whether you can relive the moment by purchasing photographs of it on the Internet, it is who is going to sell you those photographs.
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.
Objecting to tax objectionsBy Walter J. Zukowski & Jacob FrostEducation Law, June 2008With the economy slowing, taxpayers are looking for non-traditional ways to reduce costs.
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).
From the Chair…By Brian D. SchwartzEducation Law, February 2008Thank you for your membership in the Education Law Section Council.
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.
Origin of the Illinois State Response to Intervention (RtI) PlanBy Darren ReisbergEducation Law, February 2008The plan that ISBE has developed for Response to Intervention, or “RtI,” represents the first state-level step in a transition that will take place over the next several years.
Case noteBy Rob LyonsEducation Law, October 2007In a recent opinion, released July 23, 2007, Lucille Russell v. Board of Education of City of Chicago, et al., the First District Appellate Court reversed the trial court which had affirmed the Board of Education of the City of Chicago’s decision to dismiss a tenured teacher.
New Education lawsBy Marcy Dutton & Phil MilskEducation Law, October 2007This is the first of a two-part article on new education laws in Illinois.
Obtaining accommodations for college students with disabilitiesBy Matthew CohenChild Law, September 2007Although some children with disabilities may have impairments that are so severe that college is not a realistic option for them, many others have the potential to be highly successful in college and beyond, particularly if provided the appropriate accommodations that they need to function within the college environment.
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).
Illinois Educational Labor Relations Board case summariesEducation Law, May 2007The First District Appellate Court affirmed the IELRB’s finding that the District violated Sections 14(a)(5) and (1) of the Act by reneging on an agreement reached on October 6, 2001.
Educational Implications of Garcetti v. CeballosBy Vickie GillioEducation Law, December 2006On May 30, 2006, the U.S. Supreme Court released Garcetti v. Ceballos, a landmark First Amendment decision regarding public employee speech.
Special Education Hearing Officer: A “hybrid” federal/state Administrative Law JudgeBy Hon. Ann Breen-GrecoAdministrative Law, October 2006The role of a Special Education Hearing Officer/ALJ is unique: a “hybrid” ALJ—one who is part of a “national corps” of Special Education HO/ALJs, working under a federal statute, whose decisions are reviewed in federal court, and who is paid by federal funds but who works for a state board of education which administers the program.
Legislative updateEducation Law, September 2006Editor’s Note: This is Part I of our Legislative Report for 2006.
Education labor relations case decisionsBy Mike LambEducation Law, June 2006The 5th District Appellate Court upheld the dismissal of an administrative review action for failure to name the administrative agency and its hearing officer and for failure to serve that agency and its hearing officer within 35 days as required by statute. (735 ILCS 5/3-103).
Cyber bullying / cyber harassing / cyber stalkingBy Deborah PergamentEducation Law, April 2006
This article provides a general overview of the legal issues created by the use of the Internet and other forms of telecommunication for bullying and is not intended to provide legal advice
Legislative summary, Part IIEducation Law, April 2006Summary: Contains substantial changes regarding the State’s pension payments and to key provisions of the Pension Code relating to teachers and school administrators.
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.
Legislative summaryEducation Law, December 2005This is the first of two issues devoted primarily to a report on new legislation acted upon in 2005 by the Illinois General Assembly.
State legislative summary Part IEducation Law, October 2005Summary: Amends the School District Conversion Article of the School Code to provide for election of board members for a new high school district and requires the format for the election of the new high school board must be defined in the petition submitted to the voters.
