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 [...]
President Trump on June 21 proposed the merger of the U.S. Education Department and the U.S. Labor Department into a new Department of Education and the Workforce -- a request that Trump administration officials said is an attempt to integrate the missions of the two departments to improve the preparation of students for 21st century [...]
The Office of Special Education Programs is working on a resource document to address wandering by school children, and several advocacy groups said they hope the paper gives parents and educators much needed information about this dangerous and often misunderstood behavior. According to U.S. Education Department spokesperson Elizabeth Hill, OSEP began work to address wandering [...]
As we wait for a final decision in the Janus v. AFSCME case, which could have wide-ranging impact on Illinois school districts, let's review the recent Q&A published by ICSA to help prepare. Remember that every school district in Illinois is unique and school boards should discuss the potential local implications with their board attorney. The [...]