2001 Articles

Anti-harassment policies should include disability-based harassment June 2001 The 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 events By Thomas E. Wheeler, II & Naomi Gittins June 2001 Can schools require students to submit to breathalyzers as a condition of attending school events?

Chair’s column By Phil Milsk January 2001 It is truly an honor to be serving as Chair of the Education Law Section Council this year

Children’s Internet Protection Act requires schools to filter June 2001 On 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 disabilities June 2001 As the school year nears its end, school officials must continue to deal with student disciplinary issues.

Editor’s note By Phil Milsk December 2001 This 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.

Editor’s note May 2001 In order to better meet your needs, we have reformatted the Education Law Section Council's newsletter.

Illinois Association of School Administrators’ digest of education-related legislation that passed both houses of the Illinois General Assembly during 2001 By Marcy Dutton December 2001 The bill allows school boards of districts that maintain grades 10 through 12 to award diplomas to honorably discharged veterans of World War II or the Korean Conflict who left high school before graduating in order to serve in the armed forces of the United States and who have not received a high school diploma.

Illinois Educational Labor Relations Board December 1, 1999 through November 30, 2000 By Julie K. Hughes January 2001 The School District was directed by the Financial Oversight Panel to subcontract certain functions in its business office.

Immigration alert for school attorneys By Michael R. Lied January 2001 Many attorneys represent school districts that operate public elementary, secondary or publicly funded adult education programs.

Implementation of the Teacher Certificate Renewal Law June 2001 Public 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.

New school laws 2001: A summary of education related Illinois legislation enacted in 2000 By Marcy Dutton & Belinda Alvarez May 2001 The bill amends the Local Records Act to allow for the destruction or disposal of any original record that has been microfilmed. Currently, originals of digitized records can be so disposed.

New school laws 2001: a summary of education related Illinois legislation enacted in 2000* By Marcy Dutton June 2001 The bill amends the Local Records Act to allow for the destruction or disposal of any original record that has been microfilmed. Currently,

School district settles EEOC lawsuit challenging early retirement program June 2001 A Kansas City school district recently settled an EEOC lawsuit challenging the district's early retirement program under the ADEA.

School had broad authority to control its own speech June 2001 Governmental employers have limited authority to regulate the speech of public employees when that speech concerns matters of public interest.

School uniform policy withstands constitutional challenge June 2001 The 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.

Students grading and reporting other students work: a FERPA violation? Falvo v. Owasso Indep. School Dist. No. I-011 By William Bradley Colwell June 2001 On October 4, 2000, the full bench of the Tenth Circuit Court of Appeals ruled on whether having other students grade fellow students' work and recite the grades aloud to the teacher violated FERPA or the Fourteenth Amendment.

Students grading and reporting other students work: a FERPA violation? Falvo v. Owasso Indep. School Dist., No. I-011 By William Bradley Colwell May 2001 On October 4, 2000, the full bench of the Tenth Circuit Court of Appeals ruled on whether having other students grade fellow students' work and recite the grades aloud to the teacher violated FERPA or the Fourteenth Amendment

U.S. Court finds school system’s harassment policy violated free speech rights— recommendations to ensure your policy complies with the First Amendment By Thomas L. Henderson June 2001 In a decision with far-reaching implications, a federal court last week invalidated a Pennsylvania school system's anti-harassment policy, finding that the policy violated the Constitution's free speech guarantee.