June 2021
Dear Readers of The Extra Mile:

As your school year winds down and you look ahead to the summer, we hope you get a chance to pause, rest, and reflect on the completion of a school year unlike any other. Although the world around us is taking steps in the direction of a return to normalcy, and we approach summer with more understanding and certainty than we did last summer, some questions still remain. We have an updated Executive Order on face masks in schools as of last Friday (summarized here), a hopebut still questionsabout vaccines for students, and question upon question on remote learning for next school year.
This month’s edition of The Extra Mile begins with an overview of what remote learning options will and won’t be available next school year, followed by one of the first Title IX cases in our jurisdiction under the new Title IX regulations, and then an OMA and a FOIA case. Happy reading!
Remote Learning in 2021-2022

ISBE’s recent resolution on remote learning previewed the role of remote learning in the 2021-2022 school year and has prompted school districts to re-examine their options. Read more
School’s Actions Not Deliberately Indifferent in Response to Student’s Title IX Sexual Harassment and Sexual Discrimination Claims

The Seventh Circuit upheld a Wisconsin district court’s dismissal of a middle school student’s claims of sexual harassment and sexual discrimination, finding that the school’s response to the claims did not rise to the level of deliberate indifference as defined by the August 2020 Title IX regulations. Read more
City Violated OMA by Muting Public Commenters for Allegedly Abusive Comments 

In a non-binding opinion, the Public Access Counselor found that a city council violated the Open Meetings Act when it muted public commenters at a meeting held via video conference, because its rule against abusive language was content-based and therefore violated the rights of the non-disruptive speakers. Read more
City Violated FOIA by Completely Withholding Police “Action Plan” Where Certain Content Was Not Exempt 

A reminder that public bodies cannot simply withhold entire documents just because some of the contents are exempt, an Illinois appellate court found that the City of Chicago could not completely withhold a police “action plan” that contained both exempt and non-exempt content. Read more
"Negotiating During a Pandemic" Panel. Join Jeff Goelitz as he shares insights about negotiations during the pandemic as part of the IASBO 2021 Annual Conference on June 10 at 11:00 a.m. Click here to learn more.

“Special Education and the Way Forward” Seminar. Join Kaitlin Atlas when she addresses key special education considerations as districts prepare for the upcoming school year as part of Loyola University Chicago’s "Education Law: 8th Annual Year in Review" seminar on June 24 at 3:45 p.m. Click here to learn more.

A School Board Member's Handbook. Order your copy of the 2021 Revised Handbook, a guide for school board members and administrators alike, filled with easily understandable summaries of the major laws affecting Illinois public schools. Click here to place your order.


  • Governor Pritzker signs Executive Order regarding CDC guidelines and masks in schools. Read more

  • Michelle Todd was featured in Special Ed Connection for her insights on how Section 504 teams can navigate conflicts with parent accommodation requests. Read more
  • Report any adverse judgments of discrimination and harassment from calendar year 2020 to the IDHR by July 1, 2021. See this link for more details.

  • With your district's parent-teacher advisory committee, review your student discipline policies and implementation, and any other safety factors. Also consult with your PTAC and other community-based organizations to address aggressive behavior, including bullying, in your student behavior policy.
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. 

Arlington Heights