FULL FUND TRANSFER AUTHORITY RESTORED UNTIL 2024

&nbsp&nbsp&nbsp&nbspWith the Governor’s approval of Public Act 102-671 on November 30, 2021, the authority of school boards to transfer money between principal school district operating funds without limitation has been restored, at least through June 30, 2024. &nbsp&nbsp&nbsp&nbspSection 17-2A of the School Code has long provided a mechanism for interfund transfers, which can be accomplished…

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GOVERNOR PRITZKER SIGNS LAW CLARIFYING THE ILLINOIS HEALTH CARE RIGHT OF CONSCIENCE ACT

  In August, Governor Pritzker signed Executive Order 2021-20 requiring all school personnel to be fully vaccinated from COVID-19 or receive at least weekly COVID-19 testing. The Order further ordered schools to exclude any school personnel who do not comply with the vaccination or testing requirement.     Since that time, some school employees have…

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REMINDER TO NOTIFY IEP STUDENTS WHO MAY QUALIFY FOR SERVICES THROUGH THE END OF SCHOOL YEAR 2021-2022 IF THEY WILL TURN 22 YEARS OLD

     School Districts must provide notification of the availability of services to each student with an Individualized Education Plan (“IEP”) by regular mail sent to the last known address of that student or their parent or guardian by August 27, 2021.  Illinois now requires IEP services through the end of the 2021-2022 school year for…

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ILLINOIS DEPARTMENT OF PUBLIC HEALTH ADOPTS UPDATED CDC GUIDANCE FOR WEARING MASKS IN SCHOOLS

            Due to “new evidence” on the Delta variant of the COVID-19 virus, the Centers for Disease Control and Prevention updated its guidance for schools on July 27, 2021. The CDC now recommends that everyone in K-12 schools ages 2 and up wear masks indoors including students, staff and visitors, regardless of vaccination status.   …

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UPDATED GUIDANCE ON RETURNING TO IN-PERSON MEETINGS

            For the last several months, public bodies in Illinois have been permitted to hold remote meetings under the Illinois Open Meetings Act without a quorum being physical present and with limits on members of the public begin present at the meeting location based, in part, on Governor Pritzker’s Disaster Proclamations and his findings that…

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ISBE ADOPTS CDC GUIDANCE FOR COVID-19 PREVENTION IN K-12

            On July 9, 2021, ISBE and IDPH adopted the CDC Guidance for COVID-19 Prevention in K-12 Schools for the upcoming school year, which provides for fully in-person learning (with limited exceptions). Highlights include: Each School District determines which prevention strategies to implement and how, based on the local community: Factors the CDC indicates should…

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GOVERNOR PRITZKER SETS TIMELINE FOR RETURNING TO IN PERSON MEETINGS

            On June 25, 2021, Governor Pritzker issued Executive Order 2021-14 which, among other things, extended the suspension of the Illinois Open Meetings Act’s requirements for in-person meetings through July 24, 2021. This Executive Order permits School Boards to continue utilizing remote board meetings through July 24, subject to the same requirements and procedures they…

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OFF-CAMPUS INTERNET STUDENT SPEECH ENTITLED TO CONSTITUITIONAL PROTECTION

            The U.S. Supreme Court ruled today that a cheerleader’s expletive-filled social media posting about her school is protected under the First Amendment. Schools generally have limited authority to regulate their students’ on-campus speech only when that speech “materially and substantially” interferes with school activities. Tinker v. Des Moines, 393 US 503 (1969).             Appellate…

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OCR ISSUES NOTICE OF INTERPRETATION OF TITLE IX TO PROHIBIT DISCRIMINATION BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY

            The U.S. Department of Education Office for Civil Rights (OCR) has issued a Notice of Interpretation that it will investigate allegations that an individual has been discriminated against in educational programs or activities, including allegations of harassment, disciplinary discrimination, exclusion, or lack of equal access to the school’s activities or programs, sex-stereotyping and being…

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