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June 2022

Dear Readers of The Extra Mile:

Welcome to the glorious days of summer, to the sunny skies, the warm temperatures, and most importantly . . . to a much-needed and much-deserved break. We know school leaders never fully get to break away from their work, but after a truly challenging 2021-2022 school year, we encourage you to pause where you can and get outside and go for a walk, a run, a ride...whatever works for you to reset and recharge. Meanwhile, we at Hodges Loizzi will continue to bring you the most important updates and stand ready to help with any of your projects that got pushed to the back burner as you performed triage to get to the end of the school year.

Also, we hope you enjoyed the Juneteenth holiday. Hopefully it sparked reflection and good conversation with your children, friends, and family.

Looking ahead, please mark your calendars for our annual legal seminars in October, the Joint Annual Conference in November (with a special event for clients and friends of the firm), and the IASPA Annual Conference in January. More details are below and will follow in the weeks ahead, but these are events you simply are not going to want to miss.

ISBE Adopts Updated Permanent Rules and Releases Guidance on the Use of Isolated Time Out, Time Out, and Physical Restraint

Public Act 102-0339, signed into law in August 2021, amended the Illinois School Code regarding the use of isolated time out, time out, and physical restraint. The legislation codified several provisions of ISBE’s rules promulgated in April 2020; it also added new requirements. As a result, ISBE issued updated rules, which went into effect April 11, 2022. In addition, in May 2022, ISBE issued an updated Guidance and FAQ document on the new permanent rules.  Read more

Michelle Todd

Denial of Request to Fly Religious Flag Outside City Hall Violated First Amendment 

A Christian group sued the city of Boston for denying them the right to fly a Christian flag outside Boston City Hall in connection with the rental of the adjacent plaza. The U.S. Supreme Court found that use of the flagpole by citizens was not “government speech,” but rather a public forum for citizen speech and that denial of the Christian flag based on its content violated the First Amendment right to free speech.  Read more

Frazier Satterly

Governor Signs HB 4316, Imposing New Requirements on Schools Concerning Employee Sexual Misconduct Toward Students

Governor Pritzker signed a new bill into law, effective July 1, 2023, imposing several new requirements on school districts related to sexual misconduct in schools. Among other requirements, the new law includes new reporting obligations, parental and student notification requirements, and background check procedures aimed at preventing sexual misconduct in schools.  Read more

Christopher Hoffman

Seventh Circuit Clarifies When School Districts May Be Liable Under Title IX for Employee-Student Sexual Abuse

Recently, the Seventh Circuit, in C.S. v. Madison Metropolitan School District, clarified when a school district could be held liable under Title IX for alleged abuse of a student by a school employee. 

Read more

Jennifer Rosenberg


In October, Hodges Loizzi will be presenting its annual seminar, The Year in Review: Highlights and Lowlights of Illinois School Law 2022. Dates, locations, and registration details will be shared in the weeks ahead. 

In November, at the IASB-IASA-IASBO Joint Annual Conference:

  • The firm will be hosting a special event for clients and friends the evening of Friday, November 18. More details will be shared in the weeks ahead.

  • Heather Brickman, Michelle Todd, and Jeff Goelitz will be presenting "Legally Stumped?"a Q&A and panel discussion on topics of interest to school board members and administratorsfrom 8:30-9:30 AM on Sunday, November 20.

In January 2023, at IASPA's Annual Conference:

  • Barbara Erickson will be presenting "How Can I Help You? A Systematic Approach to Accommodating Employees"

  • Jeff Goelitz will be presenting "Writing Evaluations that Withstand Scrutiny"

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

On May 27, Governor Pritzker extended his COVID Disaster Proclamation and issued Executive Order 2022-13, which extend his prior executive orders through June 25.


Submit your report of students’ dental examination and eye examination compliance to ISBE by June 30.

Report any adverse judgments of discrimination and harassment from the prior calendar year to the IDHR by July 1. 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.

Submit your Physical Restraint, Time Out, and Isolated Time Out Reduction Plan (“RTO Reduction Plan”) to ISBE by July 1, 2022. A sample plan is available on ISBE’s RTO webpage along with directions and a checklist. The ISBE RTO Guidance/FAQ also provides further direction on the plan.


Latest figures: May 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.