Dear Readers of The Extra Mile:
February gave us significant snowfall and freezing weather, but the sunshine and warmer temperatures this week are giving us a glimmer of hope for spring (even if the groundhog saw his shadow earlier this month, promising a longer winter). This month we also saw the continued rollout of COVID-19 vaccines nationwide and in Illinois, including to school personnel, and lower COVID-19 infection rates. These are positive steps, but we also know they come with continued challenges for you as school board members and administrators, including decisions regarding in-person and remote instruction, mitigation measures, testing students and staff, and participation in extracurricular activities.
This month’s edition of The Extra Mile continues to touch on COVID-related issues with the new OSHA COVID-19 guidelines. In addition, this edition covers school district employee/teacher dismissal decisions, an overview of the recently finalized ISBE qualified interpreter rules, important information regarding SOPPA compliance and the new TRS Supplemental Savings Plan, and more. Also, remember to scroll down to important reminders for the upcoming month, as well as HLERK attorneys in the school community.
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Collective Bargaining Agreement’s Language Entitled Employee to Due Process |
A federal appellate court held that the language of an Illinois school district’s collective bargaining agreement gave a technology assistant a property interest in his job, meaning the school district could only discharge him for just cause and with due process.
Click HERE to read the full article.
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Tenured Teacher Dismissal Upheld Despite Conduct Not Being Directly Related to Previous Notice to Remedy |
An Illinois appellate court ruled that a school board properly dismissed a tenured teacher for conduct that was not directly related to the teacher’s prior notice of remedial warning by failing to use professional judgment and follow the board’s policies and procedures.
Click HERE to read the full article.
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ISBE Adopts Final Rules for Qualified Interpreters at IEP Meetings |
ISBE recently adopted final rules regarding “qualified interpreters” at IEP meetings. The new rules are in effect now. The purpose of the rules is to support parent participation in IEP meetings by requiring school districts to arrange for and fund qualified interpreters, as defined in the rules, at IEP meetings for parents whose native language is other than English. The requirements to be a qualified interpreter under the new rules are extensive, and school districts should take careful note of the new parent notification and recordkeeping requirements concerning interpretation services at IEP meetings.
Click HERE to read the full article.
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Student Online Personal Protection Act Compliance & Training |
With the looming July 1, 2021, effective date of the amendments to the Student Online Personal Protection Act (“SOPPA”), school districts are ramping up student data privacy compliance measures, from identifying covered technology arrangements, to adopting policies, enhancing security practices, and creating workflows for the required written agreements with operators. Developing district compliance protocols requires a high level of teamwork between district administrators overseeing technology, curriculum/student services, and business. Many districts are exploring use of the Illinois version of the Standard Student Data Privacy Agreement (IL-NDPA). This agreement has been the subject of much discussion in the school community, and a working group is currently reviewing the feasibility of additional standardized revisions to the document. Districts should consult with their legal counsel with respect to the timing and content of these agreements. HLERK is conducting SOPPA Workshops consisting of individualized district team training sessions of 60-90 minutes, including an overview of SOPPA compliance, the concept of workflow processing to identify the technology arrangements requiring amendment, and a dive into the technicalities of using the IL-NDPA to meet the written agreement requirements. If your administrators are interested in the SOPPA Workshop training, please contact Heather Brickman.
Click HERE to read the full article.
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TRS Supplemental Savings Plan |
Earlier this month, TRS requested school districts obtain their individual boards’ approval for participation in a new 457(b) plan offered by TRS and execute and return a Participation Agreement. This new plan, the TRS Supplemental Savings Plan (“SSP”), was created in response to 2018 legislation requiring TRS to offer an optional defined contribution benefit plan to active TRS members. Many details regarding plan implementation are yet to be shared. HLERK is in contact with TRS and continues to monitor developments.
Click HERE to read the full article.
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DOL Publishes New COVID-19 Workplace Guidance |
On January 29, 2021, the U.S. Department of Labor issued guidance intended to help employers identify COVID-19 exposure risks and determine appropriate mitigation measures. School districts should review and follow these guidelines, though many of the OSHA recommendations already are part of Illinois schools’ COVID-19 protocols.
Click HERE to read the full article.
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School District May Utilize Working Cash Fund Bonds for School Improvements |
An Illinois appellate court found that a school district did not violate Illinois law by issuing working cash fund bonds and transferring those funds to the capital improvement fund for school building improvements. The decision rejected the taxpayers’ arguments that, because the working cash fund bonds were issued with the underlying purpose of raising funds for school building improvement, the issuance of the bonds was illegal.
Click HERE to read the full article.
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Chicago Police Department Violated FOIA by Failing to Confer with Requester to Narrow Scope of Request |
The Chicago Police Department was found to have violated FOIA when it denied a request as unduly burdensome, but repeatedly ignored attempts by the requester to confer in good faith to narrow the original request to more manageable proportions.
Click HERE to read the full article.
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- For districts considering implementing COVID-19 testing for students or staff, please contact an HLERK attorney to discuss testing agreements, consent forms, and any other questions related to testing.
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Our annually updated Student Handbook Checklist has been updated for 2021, outlining the topics that are legally required (and recommended) to be in your student handbook and/or provided to parents/guardians in some manner. This publication is an invaluable guide for those working on handbook updates. Order your copy here.
- Remember your statutory and CBA deadlines for reductions-in-force and end-of-year dismissals of teachers and educational support employees. Contact Ellen Rothenberg, Tina Christofalos, or Jeff Goelitz with your evaluation, dismissal, or RIF inquiries.
- Review the need for non-renewal of employment contracts for administrators or administrative reclassifications to teaching positions.
- Principal and Assistant Principal Reclassification Resolutions should be adopted by April 1.
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HLERK IN THE SCHOOL COMMUNITY |
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Non-COVID Legal Updates. Join Jennifer Rosenberg and Jennifer Deutch when they present as part of the IAASE Winter and Spring Webinar Series on March 31 at 12:00-1:00 p.m. Click here to register.
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The Extra Mile is intended solely to provide information to the school community. It is neither legal advice nor a substitute for legal counsel. It is intended as advertising but not as a solicitation of an attorney/client relationship.
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Arlington Heights
3030 Salt Creek Lane, Suite 202
Arlington Heights, IL 60005
P 847.670.9000
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Peoria
401 SW Water Street, Suite 106
Peoria, IL 61602
P 309.671.9000
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O’Fallon
804 West US Hwy 50, Suite 220
O’Fallon, IL 62269
P 618.622.0999
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