November 2021

Dear Readers of The Extra Mile:

Thank you to all who tuned in to attend our virtual The Year in Review: Highlights and Lowlights of Illinois School Law. Your participation was phenomenal, and your astute questions put our Stump-the-Lawyer panelists to the test. We hope you enjoyed the seminar and found it a helpful resource as you navigate the increasingly complex labyrinth that is school law.

The past month also marked a unique school litigation milestone, as 145 school districts were sued in Macoupin County in a challenge to the Governor’s authority to require COVID prevention measures for students. As always, we will monitor and keep you apprised of this litigation in the days and weeks ahead.

November also marks the Joint Annual Conference. As usual, Hodges Loizzi will have a strong presence, with numerous attorneys presenting (see the "Insights for School Leaders" section below for details). Although we will not be able to continue our tradition of seeing you all in person at the Chicago Cultural Center this year, we look forward to seeing you in and around the conference and finding other opportunities to connect and socialize in the months ahead.

This month’s edition of The Extra Mile covers new legislation clarifying the Health Care Right of Conscience Act, ISBE's new emergency rules concerning schools' recognition status, a new OSHA emergency temporary standard, and insurance coverage for sex abuse claims against schools.
Governor Pritzker signs SB 1169 into Law, Clarifying the Health Care Right of Conscience Act

The amendment to the HCRCA clarifies that workplace measures intended to prevent the spread of communicable diseases like COVID-19—including mask and vaccine/testing mandates—are not a violation of the Act. Read more
ISBE Issues Emergency Rules on Recognition Status

On October 28, 2021, ISBE issued emergency rules revising the public and nonpublic school recognition process. On the same day, ISBE changed the status of every school or district previously on its probationary/nonrecognized list (due to their failure to follow the mask mandate) to “Fully Recognized.” We understand ISBE considers it a “reset” and will continue its enforcement efforts under the newly published rules. Read more
OSHA Issues Emergency Temporary Standard on Vaccination and Testing 

On Friday, OSHA’s Emergency Temporary Standard on Vaccination and Testing became effective, though a federal appellate court issued a stay of the ETS over the weekendRead more
School Insurer Not Obligated to Cover Sex Abuse Claim Under Claims-Made Policy 

An appellate court determined that a school’s insurance policy did not cover a complaint alleging that a staff member sexually abused a former student because the claims were similar to other claims made before the coverage date. Read more
At the upcoming IASB Joint Annual Conference on November 19-21, Hodges Loizzi attorneys will be presenting as follows:

  • Jennifer Mueller Rosenberg will be presenting "Protecting LGBTQ+ From Discrimination in the School Setting" at the 35th Annual Illinois Council of School Attorneys (ICSA) Seminar on School Law on Friday, November 19.

  • Barbara Erickson will present "Superintendent Employment Contracts" with Chad Watkins of IASA on Saturday, November 20 from 12:30-1:30 PM in the Hyatt-West Tower, Regency D ballroom. Kaitlin Atlas will moderate this informative presentation.

Jeff Goelitz will present "Social Media and Employee Discipline" as part of a panel at the Illinois Public Sector Labor Relations Law Conference at Chicago-Kent Law School on December 2.

Steve Richart will present on FOIA as it pertains to educational support professionals in a breakout session at IASBO's 2021 SupportCon on December 3 at the Hyatt Regency in Schaumburg. Click here to register.


  • District and School report cards must be presented at your Board meeting, posted on your website, and made available to the public within 30 days of receipt from ISBE.

  • Remember ISBE reporting deadlines for the District’s report of actual and projected administrative expenditures (November 15); report of student immunization and health exam compliance (November 15); Annual Statement of Affairs (December 1); and report on contracts over $25,000 (December 1).

  • Remember to convene your RIF Joint Committee by December 1. Any agreements by this committee must be reached by February 1.

  • Pursuant to the Illinois Workplace Transparency Act and the IHRA, school districts must complete sexual harassment training of all employees by December 31 annually. Districts must use either the IDHR model training program or a training that meets the IHRA’s minimum training standards. See this link for more details.
Latest figures: September 2021
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