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As we have reported in previous Priority Briefings, the rights of transgender students have yet to be resolved. In the last several months, the federal government withdrew guidance that existed under the Obama Administration and federal courts have dismissed cases that could have clarified transgender students’ rights nationwide.  In light of these events, on June…

As we have previously reported, the rights of transgender students have been unsettled.   A recent Federal decision may clarify this issue for Illinois students.  On May 30, 2017, the Seventh Circuit Court of Appeals ruled that a 17-year old transgender boy in Kenosha, Wisconsin, must be allowed to use the boys’ bathroom despite the school’s…

The Illinois Supreme Court and the Illinois Appellate Court recently issued two important opinions clarifying when documents must be produced, not only by public bodies, but also by nongovernmental school-related organizations in response to an Illinois Freedom of Information Act (FOIA) request. These cases should guide such organizations in how they conduct business and preserve…

Last week, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Hively v. Ivy Tech Community College of Indiana. The decision tackles the issue of whether Title VII of the Civil Rights Act of 1964’s ban on “sex discrimination” includes a ban on discrimination on the basis of sexual orientation. On…

In three opinions issued within days of each other, the Illinois Supreme Court and the Illinois Appellate Court signaled that the ongoing controversy concerning whether hospitals owned by non-profit corporations are entitled to exemption from local property taxes will continue for some time to come. The vast majority of hospitals in Illinois are owned by…

Last week, the Supreme Court of the United States issued its decision in the case of Endrew F. v. Douglas County School District. The decision tackles a thirty-five-year-old question stemming from the U.S. Supreme Court’s landmark ruling in Board of Education of Hendrick Hudson Central School District v. Rowley: what standard is used to determine…

This morning, the Supreme Court of the United States issued a decision in the case of Fry v. Napoleon Community Schools. The decision will allow families, in certain cases, to file lawsuits directly in court under Title II of the Americans with Disabilities Act (“Title II”) and Section 504 of the Rehabilitation Act of 1973…

Pursuant to law, every school board must hold its organizational meeting no later than 28 days after the consolidated election. Further, new board members cannot be seated until after the official canvass of the results by the county election authority. The deadline for the canvass is not until 21 days after the election. Therefore, the…

The U.S. Department of Education Office for Civil Rights (“OCR”) issued Dear Colleague Letter: Restraint and Seclusion of Students with Disabilities on December 28, 2016.  In this Guidance, OCR states that its Civil Rights Data Collection indicates that schools restrain and seclude students with disabilities at higher rates than students without disabilities and that this…

The U.S. Department of Education Office for Civil Rights (“OCR”) issued a Dear Colleague Letter: Preventing Racial Discrimination in Special Education on December 12, 2016.  In this Guidance, OCR states that it continues to find (1) over-identification of students of color as having disabilities; (2) under-identification of students of color who do have disabilities; and…