On December 1st, the Illinois Supreme Court issued an opinion in a case eagerly anticipated by Illinois school attorneys, administrators, and school board leaders.  In Beggs v. Board of Education of Murphysboro Community Unit School District No. 186, the Illinois Supreme Court for the first time addressed the modifications to Section 24-12…

On November 22, 2016, a federal judge in the United States District Court for the Eastern District of Texas issued a preliminary injunction enjoining the U.S. Department of Labor from implementing and enforcing its final rule updating the overtime regulations under the Fair Labor Standards Act (“FLSA”). The injunction is effective on…

Transportation Taxes and Fees Lockbox Amendment:  Possible Impact on School District Levies On the ballot for next week’s general election is a proposed amendment to the Illinois Constitution which would limit how certain revenues from transportation sources are used. Referred to by its supporters as the “Safe Roads Amendment” – this proposal…

The General Assembly recently enacted the Local Government Travel Expense Control Act (Public Act 99-0604). The Act, which takes effect on January 1, 2017, requires “public agencies” (including school districts, community college districts, and units of local government other than home rule units) to either adopt a resolution or pass an ordinance…

One difficult issue facing public school officials is under what circumstances are searches of the personal items of students legally permissible. Nowhere is this more difficult than when the personal item in question is the content of electronic messages and images on a cell phone. The law in this area is still…

Student residency has long been a concern of school districts in Illinois. The current process for determining disputed residency issues is performed under the authority of the board of education and the final decision rests with the board.  School Code Section 10-20.12b specifically states that, “[t]he board of education’s decision is final.” …

One of the most useful tools for school district fund management has been the power of school boards to transfer money between the major operating funds under Section 17-2A of the School Code. While that section still contains the significant limitation that any such transfer be for “one-time, non-recurring expenses”, for several…

On May 18, 2016, the United States Department of Labor issued its final rule updating the overtime regulations under the Fair Labor Standards Act (“FLSA”). The new rule goes into effect on December 1, 2016, and applies to all employees of state and local governments, including school districts, who are not exempt…

On May 13, the U.S. Department of Education and U.S. Department of Justice issued a joint Dear Colleague Letter on Transgender Students. The Dear Colleague letter cemented in policy what the agencies had previously determined through a series of decisions and settlements.  The letter asserts that a school that fails to comply…

Effective January 13, 2016, regulations governing special education in Illinois have been updated by the Illinois State Board of Education (ISBE). In the new special education rules, codified within Title 23 of the Illinois Administrative Code, ISBE made several significant alterations to the special education process and has also addressed minor changes…