Posts by Petrarca, Gleason, Boyle & Izzo, LLC
Hospital Exemption Law Held Unconstitutional
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…
Read MoreOpen Meeting Act – Appellate Court Reverses Attorney General’s Rulings on Final Action and Public Recital
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.…
Read MoreBoard Enters Settlement Agreement with OCR to Resolve Claims of Transgender Discrimination
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…
Read More40th Anniversary of the Individuals with Disabilities Education Act
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…
Read MoreUnsettled: Transgender Student Civil Rights
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…
Read MoreIllinois Supreme Court: School Districts are Subject to Municipal Zoning Regulations
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…
Read MoreBroadening Educational Opportunities: New Federal Resources on English Learners and on Inclusion in Early Childhood Programs
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…
Read MoreSenate Bill 100 and Recent Student Discipline Cases
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…
Read MoreBeware Topic Creep in Closed Session
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…
Read MoreJune School Board Meeting Agenda Reminders
As school district officials prepare the agenda for their June school board meetings, it is best to remember two routine but essential annual actions which should be on that agenda. Prevailing Wages. The Illinois Prevailing Wage Act (820 ILCS 130/0.01 et seq.) establishes a policy under which school districts and other public bodies must require…
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