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Pursuant to Governor Pritzker’s emergency declaration and subsequent executive orders, certain requirements of the Illinois Open Meetings Act (OMA) were suspended.  As part of Executive Order 2020-7, Governor Pritzker suspended the OMA’s requirements that: (1) members of a public body must be physically present (Section 2.01); and (2) the conditions in Section 7 that limit…

Since our April 1, 2020, Priority Briefing on this subject, the Illinois State Board of Education has issued this new informal guidance which indicated that ISBE will reimburse districts for transportation costs under the formula of Section 29-5 of the School Code: 74. Is ISBE reimbursing expenditures for school bus transportation during the mandatory suspension…

On March 31, 2020, the Illinois State Board of Education issued an emergency rule on transportation expenses.  That new rule, 23 Ill Admin. Code 120.30(e), is expressly limited to allowing State reimbursement for transportation services other than the transporting of students, such as food distribution:  “Due to the outbreak of the Coronavirus Disease 2019 (COVID-19),…

Although Illinois schools and joint agreements have been closed for educational purposes since March 17, 2020, students and employees may have been exposed to the novel coronavirus, or contracted COVID-19, through school-based interactions. This novel coronavirus is thought to have an incubation period of up to 14 days. Therefore, any school community member who has…

On March 30, 2020, the Student Privacy Policy Office of the U.S. Department of Education held a webinar to address privacy concerns regarding remote learning.  A copy of the Power Point can be accessed here: https://studentprivacy.ed.gov/resources/ferpa-and-virtual-learning-during-covid-19 During the webinar, the U.S. DOE noted that: Teachers and related service providers may take home student records, and…

As the COVID-19 pandemic progresses, employers, including school districts and joint agreements, will be (or already have been) faced with employees who request sick days or leave related to COVID-19. In these ever-changing times, it is important for employers to protect their workplace and employees from COVID-19 to the best of their ability, while also…

On March 21, 2020, the Office for Civil Rights and Office for Special Education and Rehabilitative Services issued a Supplemental Fact Sheet regarding the provision of services to students with disabilities while addressing COVID-19 risks.  The fact sheet addresses concerns about using distance education and addresses special education timelines under the Individuals with Disabilities Education…

While many court appearances and deadlines have been postponed or delayed as a result of the Coronavirus, many government-imposed deadlines applicable to school districts and joint agreements remain in effect, including the deadline for filing statements of economic interest. As of right now, this deadline has not been changed, and statements of economic interest must…

President Trump signed into law the Families First Coronavirus Response Act on March 18, 2020. The Act includes paid emergency sick leave and FMLA leave in response to the COVID-19 pandemic. The Act applies to all public sector employers, including school districts and joint agreements, and any private employer with 500 or fewer employees; however,…

The Illinois State Board of Education has issued guidance on complying with special education mandates during school closure due to the coronavirus. Below is a summary of the March 17, 2020 Guidance. Special education timelines remain in place, but days the school is closed do not count as “school days.” ISBE indicates that “Act of…