STUDENT HEALTH RECORDS: HELPFUL NEW FEDERAL GUIDANCE
In December 2019, the United States Department of Health and Human Services and the United States Department of Education issued joint guidance on the application of the Family Educational Rights and Privacy Act(FERPA) and the Health Insurance Portability and Accountability Act of 1996(HIPAA) to student health records. The newly issued guidance updates…
Read MoreTIME OUT AND PHYSICAL RESTRAINT: ISBE ISSUES GUIDANCE AND FREQUENTLY ASKED QUESTIONS ON EMERGENCY REGULATIONS
The Illinois State Board of Education has issued Guidance and Frequently Asked Questions on the Emergency Regulations for the Use of Time out and Physical Restraint, dated December, 2019, responding to questions about the Emergency Rules (effective November 20, 2019 and amended with regard to prone and supine restraint on December 4,…
Read MoreGOVERNOR SIGNS BILL AFFECTING UNION MEMBERSHIP
On December 20, 2019, Governor Pritzker signed Senate Bill 1784 into law – creating Public Act 101-0620. Among other effects, the Public Act amends the Illinois Public Labor Relations Act and Illinois Educational Labor Relations Act to include provisions impacting union members’ dues deduction authorizations. The Act, which took effect immediately, is…
Read MoreREQUIREMENT TO PROVIDE WRITTEN MATERIALS THREE DAYS BEFORE IEP MEETINGS DELAYED UNTIL JULY 1, 2020
On December 6, 2019, the Governor signed into law Public Act 101-0598 (SB 460) which modifies the new requirement in Public Act 101-0515 that schools provide all written materials that will be discussed by the IEP team at Eligibility and IEP meetings to parents three school days before the meeting. This provision…
Read MoreISBE ISSUES AMENDMENT TO EMERGENCY RULES ON PHYSICAL RESTRAINT
Reacting to concerns about the ability to maintain student safety without the ability to use prone restraint, the Illinois State Board of Education has issued an amendment to the emergency regulations to provide for the emergency use of prone restraint. According to the Emergency Amendment, prone restraint may be used if all…
Read MoreGUIDANCE: ISBE EMERGENCY RULES ON TIME OUT AND PHYSICAL RESTRAINT
Effective November 20, 2019, the Illinois State Board of Education issued emergency regulations, 23 IAC 1.285, regarding requirements for the use of time out and physical restraint. ISBE also issued a Physical Restraint and Time Out Form to be completed after each instance of time out or physical restraint and submitted to…
Read More“Public Act 101-531: New Procedures and Obligations Regarding Abuse Investigations and Employee Criminal Backgrounds”
On August 23, 2019, Governor Pritzker signed Public Act 101-0531 which takes effect immediately. As further described in this briefing, the Public Act changes several areas of the School Code. Most notably, the Public Act significantly changes the procedure for investigating sexual abuse allegations made against a school district’s staff members,…
Read MoreHB 3586: New Disclosure Requirements for IEP Meetings and Related Service Logs
On August 23, 2019, the Governor signed into law HB 3586, which requires districts to provide additional disclosure and notification to parents of students who are or may be eligible for special education services into law. The Public Act is effective immediately. The Act requires that the school district provide certain documents…
Read MoreJack Canna Joins The Firm
We are very pleased to announce that Jack Canna will be joining our firm in an “Of Counsel” position, effective August 1, 2019. Jack brings decades of experience representing school districts and other local governmental entities. Throughout his distinguished career, Jack has earned the respect of his clients and colleagues. The addition…
Read MorePrevailing Wage Amendments Ease School District Duties for Determining Rates, Maintaining Records
Effective this year, school boards will no longer have to adopt Prevailing Wage Act resolutions in June. Recent amendments to the Act made this change and others but did not modify the Act’s central provision that public bodies must require their contractors for public works to pay the locally prevailing wages. Public…
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