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.
Support personnel categorization can affect seniority lists*Education Law, January 2005Because the Eldorado School District collective bargaining agreement placed all aides in one category for pay purposes, it may be inconsistent to treat them separately for layoff purposes.
State tax consequences for community college student housingBy John CumminsBusiness Advice and Financial Planning, October 2004Recently community colleges in Illinois began exploring the possibilities of constructing housing facilities for their students.
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.
Attorney fees in special education matters involving public school districts: Is a comeback imminent?By Kathryn S. Vander BroekYoung Lawyers Division, April 2004Parent advocates have turned to the Illinois Legislature to regain an advantage lost in recent decisions of the United States Supreme Court and the 7th Circuit regarding the payment of attorney and expert witness fees in special education matters.
Case update: Residential placement costsEducation Law, December 2003The Illinois Supreme Court will consider whether a juvenile court has the statutory authority to order a school district to pay for the educational portion of the costs associated with an adjudicated delinquent’s court-ordered residential placement.
Affirmative action in higher education revisited: 2003 Supreme Court decisionsBy Vickie Gillio & Joy A. RobertsRacial and Ethnic Minorities and the Law, September 2003This is a special edition of the newsletter), as the entire edition is devoted to an evaluation of the use of affirmative action policies in higher education institutions and its implications on law school admissions.
When are public school teachers eligible to receive unemployment benefits from the state?By Anthony J. JacobYoung Lawyers Division, August 2003This article discusses the circumstances when a public school teacher may be eligible to receive unemployment benefits under the Illinois Unemployment Insurance Act (the Act) and its regulations, which are administered by the Illinois Department of Employment Security (IDES).
Legislative summaryBy Marcy DuttonEducation Law, April 2003The Act provides that, beginning with the 2002-2003 school year, public elementary and secondary schools may incorporate activities to address intergroup conflict, with the objectives of improving intergroup relations on and beyond the school campus, defusing intergroup tensions, and promoting peaceful resolution of conflict.
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.
