Priority Briefings

In 2018, we reported on the United States Department of Education’s Notice of Proposed Rule Making (“NPRM”) relating to Title IX of the Education Amendments of 1972. The NPRM aimed to overhaul Title IX’s language regarding its prohibition of sexual harassment in schools and its procedures for adjudicating sexual harassment complaints in schools. Generally, Title…

Like so much else during the crisis caused by the ongoing pandemic, property values can be affected. That, in turn, can impact property tax assessments and taxpayer appeals in the Property Tax Appeal Board and in the courts.  This is especially true for commercial and industrial properties whose businesses have seen reductions in volume as…

On March 18, President Trump signed the Families First Coronavirus Response Act (“FFCRA”) into law.  As described in a priority briefing we issued soon after its passage (and which we recommend reviewing as a precursor to this posting), the FFCRA requires employers, including school districts and joint agreements, to provide leave under the Emergency Family…

The Illinois State Board of Education has issued Frequently Asked Questions for Special Education During Remote Learning at https://www.isbe.net/Documents/SPED-FAQ-04-20-20.pdf Highlights of the Guidance include: There is no waiver of IDEA or Section 504 timelines. Remote learning days count as “school days” for purposes of special education timelines that are based on school days. However, remote…

An important tool for school districts in fund management is due to expire on June 30, 2020.  Districts would be wise to employ that tool before then in order to maintain flexibility in the use of scarce resources and, even more important, to avoid costly tax objection refunds in the future. Section 17-2A of the…

On April 9, 2020, the Illinois State Board of Education issued additional new language (highlighted below) as part of its emergency rule regarding State reimbursements for payments to transportation contractors.  This action is designed to cover payments for the contractors’ employee costs and is not tied exclusively to the provision of alternative services. Due to…

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…