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November 2025
Dear Readers of the Extra Mile:
It’s hard to believe that the annual IASB/IASA/IASBO Joint Annual Conference is just around the corner and, of course, Hodges Lozzi will be actively involved. We are looking forward to seeing our invited guests at our reception at the Chicago Cultural Center on Friday, November 21. We hope you enjoy the annual tree lighting, which marks the commencement of the Holiday Season.
Of course, that is only the beginning of Hodges Loizzi activities at the Joint Annual Conference. Please see below for the full list of our activities. We look forward to seeing you there.
Like us, many of you were captivated by the World Series. Football is the most popular game in America, but the Series demonstrated the grace and wonder of baseball at its best (witness, for example, the 18-inning Game 3). Congratulations to the Los Angeles Dodgers winning Games 6 and 7 behind the only pitcher in history to win Games 6 and 7 on the road. (Congrats also to the Bears on their amazing win against Cincinnati and home win against the hapless Giants).
Christine Christensen Joins HLERK
We are pleased and proud to announce that Christine Christensen has joined Hodges Loizzi as a partner in our student/special education practice group. Please see details below.
Consumer Price Index
As you know, the CPI for September (published in October) was delayed by the government shutdown. The October CPI was due out on November 13th but has also been, at a minimum, delayed by the just-ended shutdown. The White House stated last Wednesday that the CPI data for October may never be published. In any event, we will keep you apprised if and when new data is available. You can see the September CPI below.
In This Issue
This month, we look at a trio of federal appellate court cases impacting school districts in the areas of special education, students, and First Amendment law. The Seventh Circuit has also recently held oral argument in a key case regarding the application of the "least restrictive environment" provisions of IDEA.
We also look at an Illinois federal trial court and a recent U.S. Supreme Court ruling on the rights of transgender students. Finally, we look at a pair of PAC decisions, including one successfully defended by HLERK.
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| THE YEAR IN REVIEW CONFERENCE HANDBOOK | |
We just completed our annual IASPA/HLERK Year in Review Conferences, and we thank the attendees at all three locations. The Conference Handbook is now available for purchase. The Handbook is a concise and clear review of the key issues impacting school districts in the areas of labor, personnel, board governance, students, and special education in the last year.
It is an invaluable resource for any school administrator or board member seeking to limit the school district’s legal risk (and expense).
You can order your copy by clicking HERE.
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Federal Trial Court Issues Key New Ruling on Transgender Student Rights/U.S. Supreme Court Rules on Interim Issues
We have also been closely following the long and winding road of the transgender student access-to-bathroom litigation in Doe v. Mukwonago Area School District. In a remarkable action, the Seventh Circuit Court of Appeals on its own motion recently withdrew its opinion, which had ruled in favor of the parents.
Subsequently, and before any further action by the appellate court, the plaintiffs--again remarkably--moved to dismiss the injunction against the school district that they had previously won in the trial court.
The trial court has now granted the plaintiffs' request, thus effectively ending the litigation. The practical effect is to leave intact the prior Seventh Circuit rulings in favor of the rights of transgender students on this issue.
In the meantime, litigation is proceeding on the same issue nationwide. Recently, the U.S. Supreme Court declined a request by a South Carolina school district to enjoin a trial court decision allowing a transgender student to access the bathroom of the gender with which they identify, in violation of a South Carolina statute. The trial court decision is being appealed by the school district. Read more..
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Sixth Circuit Court of Appeals Finds District's Practice Prohibiting Students from "Misgendering" Transgender Students Violates First Amendment
Also addressing the rights of transgender students, the Sixth Circuit (which does not govern Illinois school districts) very recently ruled on a major First Amendment case. The full court reversed a prior panel decision and a trial court decision in favor of the school district and ruled that an Ohio school district violated students' First Amendment rights when it interpreted its anti-harassment policies to prohibit students from intentionally "misgendering" transgender students.
In Parents Defending Education v. Olentangy Local
School District, a federal trial court had denied the plaintiffs' request for an injunction, which a panel of the appellate court then affirmed in a 2-1 decision.
The plaintiffs then asked for a rehearing before the entire Circuit. Granting of such a request is, in itself, extremely rare.
On November 6th, the full court ruled in favor of the Plaintiffs, 11-7, and directed the trial court to issue a "narrowly tailored" injunction against the school district while noting that the school district may continue to enforce its anti-harassment policies.
The decision adds to the complexity of the law in this area. In our September issue, we looked at the Seventh Circuit's ruling in a similar matter involving a school teacher that is still ongoing, Kluge v. Brownsburg Area School District. Read more..
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Sixth Circuit Court of Appeals Rules School District Properly Prohibited Students From Wearing 'Let's Go Brandon" T-Shirt
Speaking of the Sixth Circuit, it recently issued another major First Amendment decision impacting schools in B.A. v Tri County Area Schools. In Tri County, the court upheld (in a 2-1 decision) a school administrator’s decision to prohibit two middle school students (6th and 8th grade) from wearing shirts with the statement, “Let’s Go Brandon” on the front. The case arises out of Michigan.
The court’s majority concluded that the statement was implicitly obscene, while the dissent argued that the statement was protected free speech in line with the Supreme Court’s seminal decision in Tinker v. Des Moines Independent School District. Read more..
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Seventh Circuit Holds Oral Argument in Key "Least Restrictive Environment" Case
The Seventh Circuit Appellate Court recently heard oral argument in the case of N.T. v. Galesburg Community Unit School District No. 205. We previously reported to you on the decision of the trial court, which overturned an ISBE Hearing Officer’s Order in favor of the District.
Oral argument was conducted by Frazier Satterly on a brief authored by Frazier and George Acosta. The case implicates the application of the “least restrictive environment” requirements of IDEA. You can listen to the oral argument by clicking HERE. Special education administrators will find it interesting.
The case carries potential major implications for all Illinois school districts as schools address the complexities in meeting the needs of students with emotional disturbance. Contact Frazier or George with your inquiries.
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Public Access Counselor Finds Redaction of District Administrators' Work Cell Phone Numbers Was Proper Under FOIA
The Illinois PAC recently found that a school district did not violate FOIA by redacting administrators’ work-related cell phone numbers from requested records, ruling that releasing them would be an unwarranted invasion of privacy.
The PAC emphasized that employees retain a privacy interest even in work-issued phones, and taxpayers can ensure proper use of public resources through billing or usage records rather than disclosure of the cell phone numbers themselves. Read more..
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Illinois County Board Violates the Open Meetings Act
Speaking of the PAC, in a recent binding opinion, the PAC ruled that a county board violated the Open Meetings Act. The PAC found the violation when board members attended an information meeting hosted by an energy company regarding a project in their county.
Board members should be careful of informal off-site meetings involving board members and consider whether the OMA applies. Read more..
| | | INSIGHTS FOR SCHOOL LEADERS | | |
Joint Conference
The IASB-IASA-IASBO Joint Annual Conference is the leading professional development event offering Illinois school leaders training, networking, and insights on key issues like finance, equity, school safety, and community engagement.
Join Tony Senagore and Pam Simaga on November 22, where they will discuss "Property Tax Base Preservation Strategies" in the Grand Hall L Ballroom.
Also join Heather Brickman, Michelle Todd, Frazier Satterly, and Jeff Goelitz as they present on the conference panel "Legally Stumped" on November 23rd in the Grand Hall I Ballroom. The Panel is an annual event at the Joint Conference and widely attended.
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IAASE
We hope your special education administrators enjoyed last month's IAASE Fall Conference in Rosemont. Jessica Nguyen and Michelle Todd addressed a standing room crowd on "The Good, The Bad, and The Ugly."
Michelle and Jessica also addressed the IAASE 2025 LEA Summit on November 14 at the Bloomington-Normal Marriott, where they presented sessions on procedural traps for the unwary LEA representative.
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IASBO
Steve Richart will be speaking at the IASBO PRESS Policy seminar, where he will be discussing "Legal Impacts of Section Four of PRESS's Policy Manual" on December 9th.
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Christine Christensen Joins HLERK
As noted above, we are thrilled to announce that Christine Christensen has joined Hodges Loizzi as a partner in our student/special education practice group.
She brings a wealth of experience in student and special education matters, having practiced in the field since 2016. A graduate of BYU and the University of Illinois School of Law, Christine served as an editor on the Journal of Law, Technology and Policy. We are particularly happy to add another U of I Law School graduate to our firm, and we look forward to her meeting with you at the Joint Annual Conference.
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35 Acts of Service
HLERK Legal Assistant Arlene Nuzzo joined the Anderson Humane's Walk4Animals & 5k Run as part of Hodges Loizzi’s "35 Acts of Service" initiative! Alongside her pup, Carter, and team “Carter’s Angels,” Arlene helped support local animals and raised money while spreading kindness one step at a time.
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| Legal Assistant Julie Johansson supported Volunteers of America’s Operation Backpack drive, during which she and her team donated backpacks with supplies to help ensure that Chicago students start the school year ready to learn and succeed. | |
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Remember to convene your RIF Joint Committee by December 1. Any agreements reached by this committee must be completed by February 1.
IASPA and HLERK thank the administrator and board member attendees at our third annual Year in Review Conferences. As noted above, the Year in Review Handbook is now available for purchase. Order yours HERE.
November 15 is School Board Members Day in Illinois. Hodges Loizzi thanks all past and present school board members (including multiple past Hodges Loizzi partners) for your service in guiding school districts through a remarkably complex policy, political, financial, regulatory, and educational environment, all while never losing sight of the goal of educating the children of your community. From all of us at Hodges Loizzi, our sincere thanks.
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As we move rapidly toward the end of the year, we--like you--are looking forward to the Joint Annual Conference and Thanksgiving. We wish each of you a successful learning experience at the Joint Annual Conference.
Our Viewing Recommendations
As you know, we enjoy providing you with viewing recommendations (we are a full-service firm). This month, we highly recommend Slow Horses on Apple+. The series just completed its fifth season. The story revolves around a team of MI-5 operatives in London who have been exiled to a separate branch for various reasons. We likewise highly recommend the novels on which the show is based, written by Mick Herron. Each season is based on a single novel.
Given that it’s soon Thanksgiving, we also can’t help but recommend our favorite Thanksgiving movie, Planes, Trains, and Automobiles, starring Steve Martin and the late John Candy.
Let us know what you think. Email us with your questions/comments/ viewing recommendations at info@hlerk.com.
Veterans Day
November 11th was Veterans Day. We express our deeply felt thanks and appreciation to every member of the school community who has served in our armed forces.
Thanksgiving
We end with a thought from Warren Buffett in his recent Thanksgiving memo. "When you help someone in any of thousands of ways, you help the world. Kindness is costless but also priceless."
On that note, we wish each of you a happy and fulfilling Thanksgiving with your family and friends.
Thanks for reading the Extra Mile, your gateway to the stability, service, and excellence of HLERK.
We will write you again in December.
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CONSUMER PRICE INDEX
Latest figures: September 2025
(September figures have been delayed due to the federal government shutdown)
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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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