On April 19, 2024, the U.S. Department of Education Releases Final Title IX Regulations, Providing Vital Protections Against Sex Discrimination. In addition to the rules, the DOE issued a fact sheet, analysis of changes, and sample policies. For a look at the major changes to the law and a few resources open the newsletter [...]
In a non-binding opinion issued on November 2, 2023, the Public Access Counsel (PAC) determined that a Board of Education did not violate the Open Meeting Act’s (OMA) public recital requirement when it did not recite the name of the probationary employees being non-renewed prior to voting on the action. (2023 PAC 76897) The matter [...]
Faith’s Law is a new Illinois statute first passed in 2021 with a comprehensive trailer bill in 2023. The employment aspects of the statute have received most of the attention, but school districts are also required to notify parents/guardians about the availability of the ISBE Faith’s Law Resource Guide at the beginning of each school [...]
By: Elizabeth Kelly On May 15, 2023, the U.S. Department of Education released guidance on the current state of the law as it relates to school prayer and religious expression in the public school setting. This guidance comes on the heels of the U.S. Supreme Court decision in Kennedy v. Bremerton. The legal motivation for [...]
By: Rob Swain In a unanimous decision, the Supreme Court held that a student eligible for special education may file a lawsuit in court for damages under the Americans with Disabilities Act without first going through (“exhausting”) administrative due process procedures under the Individuals with Disabilities Education Act (IDEA). The exhaustion doctrine is an [...]
Recently, the Illinois State Police (ISP) notified school districts that clear and present danger reports will now be made through an online portal. The ISP provided school districts with a user agreement that was originally required to be signed by March 1 and prior to use of the portal. Several school law firms and organizations, [...]
Education Week ran an article on Feb. 3, 2023 highlighting a noticeable uptick in aggressive adult behaviors in PK-12 schools nationwide. The article, “Parents’ Bad Behavior at School Sports Events Has Gotten Extreme” by Elizabeth Heubeck, framed the issue of aggression through the lens of sporting events. Recently KB attorneys have observed aggressive adult behaviors [...]
COVID-19 Paid Administrative Leave HB 1167 created a new School Code provision requiring school districts to provide paid administrative leave to employees who were forced to miss work for a “COVID-19 Related Absence.” Under this new law, employees who are considered “Fully Vaccinated against COVID-19” are entitled to receive paid administrative leave for any day [...]
Recently, a school in Utah made national headlines when it allowed parents to opt their children out of Black History Month curriculum. The school eventually reversed its decision, but not before a significant backlash emerged. Closer to home, the Illinois legislature enacted Public Law 101-0227 requiring that as of July 1, 2020, Illinois public schools [...]
Effective January 22, 2021, the Illinois State Board of Education (ISBE) amended its administrative rules to include a number of requirements relating to the provision of interpreter services for parents/guardians during IEP meetings. Many school districts are choosing to include Section 504 meetings in the same category. ISBE is in the process of developing language [...]
