Priority Briefings
Working Cash Bonds for Building Projects Approved in Second District
The Illinois Appellate Court, Second District, in the case of 1001 Ogden Avenue Partners v. Henry, has given school districts a major victory in the on-going battle against one of the most persistent arguments made in tax rate objections. Illinois school districts often need to raise money to pay for capital projects in amounts which…
Read MoreExtended Leave Not a “Reasonable Accommodation” Under ADA
Employees who have exhausted their right to paid sick leave and unpaid leave under the Family and Medical Leave Act (“FMLA”) often request additional unpaid leave as a “reasonable accommodation” due them under the Americans with Disabilities Act (“ADA”). Now, the United States 7th Circuit Court of Appeals, whose jurisdiction includes Illinois, has taken an…
Read MoreTax Rate Limit for Educational Fund Lifted in Tax-Capped Counties
Another of the provisions contained in the school funding legislation signed into law by Governor Rauner on August 31, 2017, (known as SB 1947, or Public Act 100-465) which has not received much attention in the media is the removal of the specific rate limit for Educational Fund levy for all school districts subject to…
Read MoreMandate Relief to Illinois School Districts
One of the lesser known aspects of the school funding legislation signed into law by Governor Rauner on August 31, 2017, (known as SB 1947, or Public Act 100-465) is that it provides much-needed relief from some of the mandates historically imposed upon school districts statewide. Importantly, the School Code previously permitted waivers of mandates…
Read MoreOCR Provides Instructions on Transgender Student Investigations
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…
Read MoreTransgender Student Rights Recognized by U.S. Court of Appeals
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…
Read MoreCourts Rule on Applicability of FOIA to School-Related Private Organizations
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…
Read MoreSexual Orientation Discrimination: Landmark Decision from Federal Court of Appeals
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…
Read MoreHospital Tax Exemptions: Major Developments But No Resolution
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…
Read MoreU.S. Supreme Court Raises the Bar on FAPE
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…
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