The Illinois Appellate Court, Second District, issued a decision on September 30, in G.I.S. Venture v. Novak (“G.I.S. Venture II”) with an opinion favorable to school district financial practices. The same court in G.I.S. Venture I (2009) had ruled that, when school districts abate their working cash funds, the abated funds must…

          For the first time, the Illinois Appellate Court has ruled without condition that school districts are subject to the zoning regulations of local municipalities. The ruling was announced this month in the case of Gruba vs. Community High School District 155, 2014 Ill App 2d 140098.            The facts of the…

            We periodically provide updates on recent legal opinions from the Illinois Attorney General’s Public Access Counselor (“PAC”) regarding the Open Meetings Act (“OMA”) and the Freedom of Information Act (“FOIA”). Here are summaries of recent PAC opinions of interest to school districts.  OMA – PAC Binding Opinion 14-009: Speaker Addresses            …

          On July 18, 2014, we reported on new recall rights made effective July 1, 2014, by P.A. 98-0648. Our Priority Briefing stated that any teacher who was in Grouping 2 of the sequence of honorable dismissal list as a result of one “needs improvement” rating and a second “satisfactory”, “proficient” or…

Public Act 98-0716, effective July 16, 2014, amends Section 24-5 of the School Code.  The amendments add a broad definition of who is an “employee” under this section that expands its applicable scope.  Now under the Act, new “employees” who are subject to the foregoing requirements include: Any new employee of a…

            Effective July 1, 2014, limited recall rights have been extended by P.A. 98-0648 to certain teachers receiving a “needs improvement” performance rating.  Prior to this Act, Senate Bill 7 had deprived all teachers in Grouping 2 of the sequence of honorable dismissal list of any recall rights in the event of…

          The United States Supreme Court has recently issued opinions restricting law enforcement searches of the digital content of smart phones.  Those decisions should have implications for school officials’ searches of student phones, as well.            The Fourth Amendment to the United States Constitution protects our right to be secure in our…

            Governor Quinn has signed into law Public Act 98-0669, which amends Section 5/27-23.7 of the Illinois School Code by requiring schools to expand their existing anti-bullying policies based on collaboration with a range of school stakeholders, including students and parents/guardians.  The new law covers public elementary and secondary school districts, as…

           Last month, in the case of Town of Greece v. Galloway, the United States Supreme Court extended its precedent permitting a ceremonial prayer at the beginning of a legislative session to a local government town council meeting.  Although that case concerned a municipal governing board and the justices provided varying opinions…

          Reversing the decision of the Appellate Court last year, the Illinois Supreme Court has ruled that the office of the State’s Attorney in each county is indeed subject to the Freedom of Information Act (“FOIA”).           FOIA, which requires the disclosure of most state and local governmental records upon request from…