Anti-harassment policies should include disability-based harassmentEducation Law, June 2001The federal courts of appeals for the Fourth and Fifth Circuits recently ruled that the Americans with Disabilities Act (ADA) prohibits harassment because of an individual's disability.
Breathalyzer testing of students before school eventsBy Thomas E. Wheeler, II & Naomi GittinsEducation Law, June 2001Can schools require students to submit to breathalyzers as a condition of attending school events?
Children’s Internet Protection Act requires schools to filterEducation Law, June 2001On December 21, 2000 the Children's Internet Protection Act became law. Included as part of the Consolidated Appropriations Act, 2001, P.L. 106-554, the law requires school districts to adopt Internet safety policies as a condition of receiving funds under the Elementary and Secondary Education Act (20 U.S. C. § 7001) or universal service discounts under section 254 of the Communications Act of 1934 (47 U.S.C. § 254.) The act takes effect on April 20, 2001.
Discipline of children with disabilitiesEducation Law, June 2001As the school year nears its end, school officials must continue to deal with student disciplinary issues.
Implementation of the Teacher Certificate Renewal LawEducation Law, June 2001Public Act 91-102, 105 ILCS 5/21-14, requires continuing education/professional development for certificated public school teachers throughout Illinois as a prerequisite for renewal of their certificates.
School had broad authority to control its own speechEducation Law, June 2001Governmental employers have limited authority to regulate the speech of public employees when that speech concerns matters of public interest.
School uniform policy withstands constitutional challengeEducation Law, June 2001The United States Court of Appeals for the Fifth Circuit recently upheld a constitutional challenge to a Louisiana school district's policy requiring students to wear uniforms.
Immigration alert for school attorneysBy Michael R. LiedEducation Law, January 2001Many attorneys represent school districts that operate public elementary, secondary or publicly funded adult education programs.
Athletic participationEducation Law, June 2000A learning disabled student challenged Indiana High School Athletic Association's ("IHSA") rule that limits a student's athletic eligibility to the first eight semesters following the student's commencement of the ninth grade.
Employee drug testingEducation Law, June 2000On October 4, 1999, the United States Supreme Court declined to review a decision of the Sixth Circuit Court of Appeals upholding suspicionless drug testing of public school teachers in certain circumstances.
Fair Labor Standards Act— athletic trainersEducation Law, June 2000The Court of Appeals for the Fifth Circuit ruled that athletic trainers are covered under the professional exemption from overtime requirements of the Fair Labor Standards Act ("FLSA").
FinanceEducation Law, June 2000Illinois "cash basis" school districts do not violate §17-1 of The School Code by adopting their tax levy in any given year before adopting a budget for the next ensuing fiscal year.
Immunity from suit—personal injuryEducation Law, June 2000The Illinois Appellate Court, Second District, affirmed a Lake County judge's dismissal of a personal injury claim against the Special Education District of Lake County (SEDOL") on the grounds of tort immunity.
Magnet schools—use of raceEducation Law, June 2000The Court of Appeals of the Fourth Circuit ruled that school district's refusal to allow a student to transfer to a magnet school because of his race violated the Constitution.
School vouchersEducation Law, June 2000In two separate lawsuits, individual taxpayers challenged the Education Expense Credit Act (P.A. 91-9).
Special educationEducation Law, June 2000The Supreme Court held that one-on-one continuous nursing is a "related service" under the Individuals with Disabilities Education Act, making public schools responsible to provide such care to students who need it during school hours.
Student disciplineEducation Law, June 2000A federal district court granted Decatur school district's motion to dismiss the complaint of several students expelled from school for violation of school rules.
Teacher dismissalEducation Law, June 2000In a recent decision, a tenured teacher was dismissed for allegations involving sexual harassment without a prior notice to remedy having been issued by the board of education.
TITLE IX Sex equity in athleticsEducation Law, June 2000Illinois State University's elimination of its men's wrestling and soccer teams as the means to comply with Title IX was permissible according to the Seventh Circuit Court of Appeals.
Tuition reimbursementEducation Law, June 2000A student at Herrin School District No. 4 was expelled from school for possession of controlled substances.
Illinois Educational Labor Relations Board case summary January 1, 1999 through December 31, 1999Education Law, March 2000The underlying complaint alleged that Public Act 89-15 (section 4.5 of the IELRA) violated the plaintiffs' rights under the equal protection clause of the 14th Amendment because it was a thinly disguised mechanism for racial discrimination and discrimination based on political activity or affiliation, and that it deprived them of their property interest in continued employment without due process.
Veto session updateEducation Law, March 2000Creates the Public Construction Contract Act to mandate that all public construction contracts (excluding the State of Illinois and the Metropolitan Water Reclamation District) over $75,000 must contain provisions that allow for contractors to recover increased costs resulting from "unforeseen latent or subsurface conditions.
