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.
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.
Federal Budget for FY 2006Education Law, June 2005The House Committee on Appropriations' Subcommittee on Labor, HHS, and Education marked up its FY 2006 budget on June 9, 2005.
Governor signs Pension Reform BillBy Michael J. HernandezEducation Law, June 2005The Governor has signed Senate Bill 27 into law. Among other things, SB 27 extends the teachers' Early Retirement Option (ERO).
IDEIA 2004 proposed rules releasedEducation Law, June 2005The United States Department of Education has issued proposed rulemaking to implement the Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446.
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.
Other federal developmentsEducation Law, June 2005Thanks to Rocky Martinez and the staff at the Illinois Student Assistance Commission for contributing the following items:
Case updateBy Rob LyonsEducation Law, May 2005This summary was prepared by Rob Lyons, IEA counsel, member of the Education Law Section Council and co-editor of the Newsletter.
No standing to challenge daughter’s required Pledge of AllegianceBy Patrick E. WardGeneral Practice, Solo, and Small Firm, May 2005We were awaiting the ruling on whether the phrase "under God" as part of a required recitation of the Pledge of Allegiance violated the Establishment and Free Exercise Clauses of the First Amendment to the United States Constitution as it applied to the States by incorporation into the Fourteenth Amendment.
Hot topics in education lawBy Paul E. FreehlingAdministrative Law, February 2005On Friday, February 25, 2005, at the ISBA’s Chicago Office from 9 AM to 4 PM, the ISBA Education Law Section will present a seminar on the subject of education law.
