Education Law

The newsletter of the ISBA’s Section on Education Law

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2013 Articles

Case law update: Carr v. Koch, 2012 IL 113414 By Edward J. Copeland June 2013 In this decision, the Illinois Supreme Court ruled that the Complaint was properly dismissed by the Appellate Court for the reason that the Plaintiffs lacked standing to challenge the law without finding it necessary to address the Plaintiffs’ argument that they had stated a claim for violation of the equal protection clause of the Illinois Constitution.
Case summary: Clarke v. Community Unit School District No. 303, 971 N.E. 2D 1163, 361 Ill. Dec. 641, 282 Ed. Law Rep. 616(2nd Dist. 2012) By Everett E. Nicholas, Jr. March 2013 On June 20, 2012 the Appellate Court for the Second District rendered a decision addressing a school district’s alleged decision to reorganize attendance centers because of decreasing enrollment.
Case summary: Milligan v. Board of Trustees of Southern Illinois University, 686 F.3d 378 (7th Cir. 2012) By Phyleccia Cole March 2013 There are a variety of lessons that can be gleaned from Samuel Milligan v. Board of Trustees of Southern Illinois University, for educational institutions, as well as other employers.
Case summary: Rock River Times v. Rockford Public School District 205, 2012 IL App(2d) 110879 By Everett E. Nicholas, Jr. & Catherine Locallo March 2013 The Illinois Appellate Court for the Second District recently decided a case regarding attorney fees and civil penalty provisions under the Illinois Freedom of Information Act.
Legislation watch By Phil Milsk June 2013 Recent legislation of interest to education law practitioners.
Other new public acts regarding education By Phil Milsk October 2013 New Illinois laws of interest to education law practitioners.
Public Access Counselor opinion on a school district’s “obligations” to de-identify student test score data in order to properly respond to a FOIA request By Everett E. Nicholas & Catherine Locallo March 2013 On December 11, 2012, the Illinois Attorney General’s Public Access Counselor issued a binding opinion to Pleasantdale School District 107 regarding disclosure of student test scores under FOIA.
Public Act 98-0513 clarifies provisions on personnel evaluations By Everett E. Nicholas, Jr. October 2013 Public Act 97-008, which was signed into law on June 13, 2011, had several issues which created confusion. Now a new law, which became effective on August 20, 2013, resolves some of those issues.