On November 16, 2018, the Department of Education officially released proposed regulations substantially changing the landscape of Title IX. The Trump administration is decreasing the breadth of conduct that schools must investigate, increasing the transparency of the investigation process, increasing the rights of the accused and decreasing confidentiality protections for complainants. In sum, these new regulations [...]
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September is Childhood Cancer Awareness Month. We are GOING #GOLD to help elevate this cause “because kids can’t fight cancer alone®”. Thank you @accorg for your dedication to making childhood cancer a national health priority.
Public Act 100-0768 amends the School Code to clarify that Joint RIF Committees and Joint PERA Committees are not subject to the Open Meetings Act (“OMA”). A few years ago, the Illinois Attorney General issued an opinion finding that such committees constituted “public bodies,” subject to the OMA. However, effective January 1, 2019, both the [...]
K12 Focus Severance Agreement Newsletter Effective August 23, 2018, PA 100-1040 (formerly HB 4242) amends the Local Records Act. New Section 3c requires a school district to make specific public disclosures within 72 hours of approving a severance agreement with an employee or contractor found to have engaged in sexual harassment or sexual discrimination as [...]
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K12 Focus: Kriha Law Janus Decision and Next Steps
On June 27, 2018, the U.S. Supreme Court issued its long-awaited decision in Janus vs. AFSCME, a case arising out of Illinois. The split decision (5-4) is that ‘fair share’ dues collected by public sector unions is unconstitutional. Court holds that union fees violate "the free speech rights of nonmembers by compelling them to subsidize [...]
As we wait on a decision from the Supreme Court in Janus v. AFSCME, let's review what the case boils down to: Can public-sector unions compel nonunion members to pay these fees? Or is that a violation of those workers’ First Amendment rights, and thus impermissible under the Constitution because the fees may also support [...]