January 2022

Dear Readers of The Extra Mile:

Happy New Year! We hope you enjoyed a wonderful holiday season, time with family and friends, and some well-deserved rest.

2022 is here, and your leadership in schools has never been more challenging...or more needed. Several new school laws have taken effect, COVID litigation continues, and Omicron continues to frustrate. We look forward to guiding you through the twists and turns that lie ahead this year. We're also looking forward to seeing all our HR friends at the upcoming IASPA Annual Conference in January and all our IAASE friends at its upcoming Annual Winter Conference in February. If you haven't registered yet for these fantastic conferences, do so now.

This month’s edition of The Extra Mile covers ISBE's new webpage on time out, isolated time out, and physical restraint, as well as school murals and the latest COVID news. Enjoy!
IDPH Adopts CDC’s Shortened Isolation & Quarantine Recommendations, But Not for Schools Yet

Following the CDC's issuance of guidelines for shorter quarantine and isolation periods for the general public in certain cases, the IDPH followed suit. However, the IDPH and ISBE have confirmed that those rules do not translate to shorter school-exclusion periods, at least for now. Further guidance for schools is anticipated in the coming days. Read more
ISBE Publishes Goals & Benchmarks for Isolated Time Out, Time Out, and Physical Restraint 

ISBE launched a webpage dedicated to the implementation and reduction of the use of isolated time out, time out, and physical restraint interventions in schools as part of the recent oversight requirements and restrictions signed into law by Governor Pritzker in August 2021.  Read more
COVID-19 May Qualify as a “Disability” Under the ADA, Says Federal Court 

A federal judge ruled that an individual stated a plausible ADA claim against her former employer after she was fired following a positive COVID-19 test. The judge determined that the employer may have perceived the employee as having a disability and impermissibly terminated her for that reason.  Read more
Vermont Court Rules that School May Conceal Controversial Mural Without Violating Artist’s Rights 

A federal court in Vermont recently held that a law school could conceal controversial murals without violating the artist’s rights under the Visual Artists Rights Act– a law giving artists the right to prevent the destruction or modification of their works of visual art. The court found that the law school’s plan to conceal the murals by covering them with acoustic panels did not amount to a destruction or modification of the murals.  Read more
INSIGHTS FOR SCHOOL LEADERS
Jeff Goelitz and Barbara Erickson will present the keynote "On Solid Ground: Leading Your Team as the Legal Sands Shift Underfoot" at IASPA's 15th Annual Conference on January 20, 2022.

Cindi DeCola will present "Collective Bargaining in 2022," also at the IASPA Annual Conference on January 21, 2022.

Hodges Loizzi attorneys also will present as part of the IAASE's 22nd Annual Winter Conference on February 24-25, 2022. Watch for more details in next month's newsletter.
TAKE NOTE
  • 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 Chris Hoffmann with your evaluation, dismissal, or RIF inquiries. 

  • Review the need for non-renewal of employment contracts or administrative reclassifications to teaching positions. Be aware of possible impact on the RIF process.

  • Remember to complete Principal and Assistant Principal evaluations by March 1, and give any reclassification notices to Principals and Assistant Principals by April 1.

  • Prepare and share your support staff seniority list with your union by February 1, or any earlier date set in your CBA. Also check whether your teachers’ CBA still includes a February 1 deadline for your teacher seniority list and sequence of honorable dismissal list; if not, the statutory deadline is 75 calendar days before the end of the school term. 

  • Check out our Student Handbook Checklist, newly updated for 2022. It outlines 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. 
CONSUMER PRICE INDEX
Latest figures: November 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. 
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