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May 2022

Dear Readers of The Extra Mile:

Schools are beginning to wind down the last month of the school year, but the world around us is doing anything but wind down. CPI has leveled somewhat but remains at a level unseen in 40 years, the U.S. Department of Education is due to comprehensively review the Section 504 regulations for the first time in 45 years, and the Supreme Court appears poised to reshape the legal landscape. From a leaked opinion to a praying-coach case to a free-speech case involving the flying of a religious flag from a flagpole outside City Hall, the Supreme Court has been busy. We will be sharing more information on the free-speech flag case in next month's edition of The Extra Mile and will report on the praying-coach case when a decision is issued.

This month's edition includes another Supreme Court case, this one involving censure of a board member, as well as updates on more COVID litigation out of Sangamon County, an anticipated tax bill delay in Cook County, and a case and settlement involving a professor's refusal to use a student's preferred pronouns.

Also, be sure to check out the "In Case You Missed It" reminders below, as it's been a notably busy month!

Employee Vaccinate-or-Test Requirements Upheld

Twice in the last month, the Illinois appellate court upheld the legality of employer requirements that employees either be vaccinated against COVID or undergo weekly screening testing. In doing so, the appellate court ruled that the plaintiffs were not likely to succeed on their claims because such workplace safety policies imposing vaccinate-or-test requirements do not violate the Health Care Right of Conscience Act or the Department of Public Health Act Read more


Jason Manning

Second Installment Cook County Property Tax Bill Delayed in 2022

Cook County is predicting that second installment property tax bills will be mailed late. Although by statute the second installment bill should be mailed in June, they could be as late as December this year. School districts may want to prepare for the delay in property tax revenues by exploring available short-term cash-flow options.  Read more


Tony Senagore

Board Censure Did Not Violate Board Member's Free Speech Rights

The U.S. Supreme Court held that a community college board did not violate the First Amendment rights of one of its members by issuing a verbal censure for actions and speech related to his service on the board, calling his conduct “inappropriate” and “reprehensible.” While the case was narrow, it affirms the long-standing authority of public bodies to verbally censure board members for their conduct.  Read more


Vanessa Clohessy

Professor's Refusal to Use Preferred Pronouns Leads to Large Settlement

After a federal appellate court ruled in his favor last year, a college professor who was disciplined for refusing to refer to a transgender student by her preferred pronouns recently settled his case against his employer university for $400,000 and the removal of a written warning from his personnel file.  Read more

Jeff Goelitz 150x150.png

Jeff Goelitz


Tony Loizzi recently presented at the IASBO 2022 Annual Conference in Schaumburg on Collective Bargaining. It was great to see many of you there.

  • We've moved our main office. Our new address is 500 Park Blvd, Suite 1000, Itasca, IL 60143. Please update your contacts for any mailed correspondence. Email and phone numbers remain the same.

  • Per P.A. 102-709, TRS's post-retirement work limitations were temporarily increased from 120 days to 140 days and from 600 hours to 700 hours. This increase only applies to the current 2021-2022 school year. For 2022-2023, the limitations drop back to 120 and 600, and then for 2023-2024, the limitations drop back to 100 days or 500 hours. TRS Bulletin FY22-27 provides additional information.

  • TRS issued Bulletin FY22-26, which includes a Gemini update and an indication that TRS intends to implement auto-enrollment for new hires in its Supplemental Savings Plan no earlier than January 2023.

  • P.A. 102-702 outlines additional protocols for school employees who have engaged in sexual misconduct with a minor. We will be summarizing this new law, which takes effect July 1, 2023, in next month's edition of The Extra Mile.

  • Public Act 102-0727 was signed by the Governor on May 6, 2022, and is effective immediately. The Act prohibits public high schools from withholding a student’s grades, transcripts, or diploma because of unpaid balance on the student's school account. At the end of each school year, the school district must catalogue and report to ISBE the total amount that remains unpaid by students due to the prohibition.  

  • Isolated Time Out, Time Out, and Physical Restraint: On April 11, 2022, ISBE’s permanent rules went into effect. In addition, on May 9, 2022, ISBE issued an updated Guidance and FAQ document on the ISBE permanent rules. A full summary will be included in next month’s edition of The Extra Mile
  • Our Student Handbook Checklist is updated for 2022. It outlines 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.

  • School districts have until May 31 to complete Timely and Meaningful Consultation meetings with representatives of private and home-schooled students with disabilities in order to determine special education proportionate share services for those students.


Latest figures: March 2022

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.