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Effective January 13, 2016, regulations governing special education in Illinois have been updated by the Illinois State Board of Education (ISBE). In the new special education rules, codified within Title 23 of the Illinois Administrative Code, ISBE made several significant alterations to the special education process and has also addressed minor changes in terminology and…

In an opinion issued on January 5, 2016, the Illinois Appellate Court has held that the law which allows hospitals to obtain property tax exemptions under easy-to-meet standards is invalid as inconsistent with the terms of the Illinois Constitution. The decision in the case of The Carle Foundation v. Cunningham Township is significant for school…

In an opinion issued on December 15, 2015, the Illinois Appellate Court rebuffed the Illinois Attorney General (AG) with regard to her office’s rulings on the propriety of the procedures by which a school board approved a severance agreement. The decision in the case of Board of Education of Springfield School District No. 186 v.…

Last month, we reported on the findings made by the U.S. Department of Education’s Office for Civil Rights (OCR) in the closely-watched investigation into a suburban high school District’s treatment of a transgender student (Unsettled: Transgender Student Civil Rights, https://petrarcagleason.com/unsettled-transgender-student-civil-rights-2/). The Student, a biological male, identifies as a female.  The Student’s OCR complaint alleged the…

In commemoration of the 40th anniversary of the IDEA (November 29, 1975), the U.S. Department of Education (DOE) has released new guidance clarifying its expectation that a child’s annual IEP goals are to be aligned with state academic content standards for the grade in which the child is enrolled. Under the IDEA, a child with…

In a case garnering significant national attention, the U.S. Department of Education’s Office of Civil Rights (OCR) has determined that an Illinois district has violated the civil rights of a transgender high school student. Over the last several years, Township High School District 211 has permitted transgender students to use the bathroom of their identified…

Clarifying what has previously been a gray area of the law, the Illinois Supreme Court has ruled that school districts are subject to municipal zoning ordinances. In Gurba v. Community High School District No. 155, 2015 IL 118332 (2015), the Court determined that the Crystal Lake School District illegally constructed football field bleachers when it…

English Learners Tool Kit In January, we reported on newly released joint guidance from the U.S. Departments of Education and Justice, which outlined a school district’s obligation to ensure that English Learners have equal access to a high-quality education. (English Learner Students: New Federal Guidance, https://petrarcagleason.com/joint-federal-guidance-and-toolkit-reminds-schools-of-their-obligation-to-provide-equitable-educational-access-for-english-learner-students/) In support of that guidance, the Office of English…

Illinois Legislature Dramatically Reforms Out-Of-School Disciplinary Procedures Governor Rauner signed Senate Bill 100 into law as Public Act 99-456 on August 24, 2015. The bill, which aims to address the school-to-prison pipeline, dramatically reforms the circumstances under and the processes by which a school district can impose out-of-school discipline. School districts do not need to…

School board members, administrators, attorneys: we have all been there. The school board has voted correctly to go into closed session to talk about a topic which is a proper one, say employment of specific personnel, the sale price of district-owned property, or collective bargaining matters. But after a few minutes, board members’ comments and…