June 2026


Dear Readers of the Extra Mile:


It’s been a cool spring (at least until recently). Still, flowers were purchased at Home Depot and Lowe’s, gardens planted, and homes beautified. The Cubs and Sox played in front of sold out crowds at Comiskey Park, with the Sox taking the series 2-1 with a walk off two-run homer in the bottom of the tenth. Meanwhile, the Cards are off to a surprisingly strong start, and the College World Series begins Friday in Omaha after exciting regionals and super regionals.


With that aside, the most important point is that the school year is over. All the personnel matters, ISBE complaints, due process hearings, OCR investigations, and labor negotiations won't go away, but the filing of new ones will markedly slow (at least until August).


On the other hand, since our last issue, the Illinois legislature finished its session (failing to take action on Chicago Bears legislation) by enacting new laws with major impact for school personnel and special education administrators. We look at the new legislation below.


You will find this issue a bit longer than normal due to the number of new developments. Don't worry, we will address all this together with practical recommendations at the HLERK/IASPA Year in Review Conferences in October (see below).


We wish you a pleasant last few days of spring and a wonderful summer.


Transgender Student Rights Lawsuit Filed in Illinois


As you know, we have been carefully following the California litigation in Mirabelli v. Olson ($4.5 million in attorneys' fees awarded, so far). The Plaintiff-teachers in Mirabelli sought relief from a California school district and the State regarding their policy on notification to parents about transgender students.


Now an Illinois school district is facing the same issue. Local media is reporting that the district, allegedly in disregard of its own policy, excluded parents from notice or meaningful participation regarding their transgender students while at school. The suit seeks "class action" status on behalf of all similarly situated parents in the District. We will keep you apprised of the litigation as it proceeds.


Contact Michelle Todd with your transgender student rights issues.


Special Education Connection


Speaking of Michelle, we’re pleased to share that she was featured in LRP's Special Education Connection for her expertise on helping school districts prevent Section 504 procedural errors.


Michelle outlined strategies for strengthening compliance, including establishing districtwide procedures, avoiding “collapsed” evaluations, and ensuring accommodations are specific and aligned with student needs.


She emphasized that accommodations should be thoughtfully connected to the reason a student qualifies, rather than added broadly or by default, so teams develop plans that are appropriate and realistically implementable.


Employment of Illinois Workers on Public Works Act Now In Effect


As of May 27, 2026, the Illinois Department of Labor notified public bodies that the requirements of the Employment of Illinois Workers on Public Works Act, 30 ILCS 570/1 et seq. (the “Act”), has come into effect.


The Act requires contractors to use at least 90% Illinois laborers on all public works projects that receive State funds or funds administered by the State during a “period of excessive unemployment.” A period of excessive unemployment means any month immediately following 2 consecutive calendar months when the Illinois unemployment rate exceeds 5%. Because the unemployment rates for March and April 2026 were 5.1%, the Act is now in effect. 


Contact Kerry Pipal or James Levi with questions concerning compliance with the Act.


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As our readers know, there is nothing like the Extra Mile to keep busy school administrators apprised of critical legal developments, as well as how to avoid legal liability and the enormous costs of litigation (see Mirabelli above).


Save the Date for The Year in Review Conferences!


Dates and locations are set for our 2026 Year in Review conferences in conjunction with our partners at IASPA. Notably, after maxing out our conference space in Peoria and to better serve school leaders across central Illinois, we are pleased to offer the 2026 Year in Review in Bloomington. We think you will enjoy the new location. Registration will soon be open!


This will be a critical year for you to attend given major legislative developments in both the personnel and student/special education areas of the law. Join us to learn how to avoid legal risk and attendant legal costs.


Here is the 2026 lineup:


  • October 6 - Bloomington (Bloomington-Normal Marriott)
  • October 13 - Collinsville (Doubletree by Hilton)
  • October 29 - Itasca (Westin Chicago Northwest)


When registration opens, make your reservation early. Space is limited at all three locations and can sell out quickly.

Consumer Price Index


The Bureau of Labor Statistics released its May 2026 CPI data on June 10. Inflation was running at the annual rate of 4.2%, meeting expectations. You can access the full BLS report below.


In This Issue


Is a "notice of remedial warning" grievable? New legislation awaiting action from Governor Pritzker addresses the question.


When can a school district suspend or expel students in K-2? New legislation sent to Governor Pritzker answers the question.


What can a public body discuss in closed session? The PAC issues a timely reminder in a new binding ruling.


Can a school district be sued for sex discrimination under Title IX? The Supreme Court will decide.


U.S. Department of Labor issues overtime rule to officially undo Biden-era rule.

LEGAL NEWS

New Avenues to Challenge Notices of Remedial Warning Under Pending Legislation


New legislation awaiting action by Governor Pritzker creates a new legal right to challenge a notice of remedial warning both before the board of education and before an arbitrator. Read more...

Ben Shaw

Pending Legislation Substantially Restricts Discipline for K-2 Students


New legislation awaiting action by Governor Pritzker substantially modifies and restricts a school district's ability to exercise out-of-school disciplinary options for K-2 students. The legislation has substantial implications for special education and Section 504 eligibility. Read more...



Christine Christensen

PAC Finds City Council Violated the OMA by Discussing Existing City Hall in Closed Session


The PAC finds, in a binding opinion, that an Illinois city council violated the OMA by discussing matters in closed session beyond the reason(s) for which the council entered closed session. Read more...

Kerry Pipal

Supreme Court to Determine Whether Title IX Permits Employee Sex Discrimination Claims


The Eleventh Circuit federal Court of Appeals held that Title IX does not provide a private right of action for employees alleging sex discrimination in employment, ruling instead that such claims must be brought under Title VII, the federal employment‑discrimination statute. Now the U.S. Supreme Court is hearing the appeal and will determine if Title IX authorizes employee lawsuits. Read more...

Tina Christofalos

DOL Rescinds Biden-Era Overtime Rule/Reverts Back to Prior Regulation


The U.S. Department of Labor recently issued a final rule reversing 2024 increases in the salary threshold requirements that would have expanded employee eligibility for overtime premium pay. Read more...



Barb Erickson

INSIGHTS FOR SCHOOL LEADERS

AASPA 88th Annual Conference


As you get your “Boots On” at AASPA’s 88th Annual Conference, on October 12-16 in Austin, Texas, don’t miss Barb Erickson's session on “FMLA & ADA and What You Should and Shouldn’t Say.“ Barb will break down the communication do’s and don’ts every school administrator needs to know to protect employees, support compliance, and lead from the ground up.

NOTES AND REMINDERS

  • As you consider future projects, be aware that the School Code requires certain procedural steps when awarding a Guaranteed Energy Savings agreement. Contact Kerry Pipal or Scott Metcalf early in the process to ensure your project is compliant.


  • When setting your board calendar for next year, remember that a public body may not hold or schedule a regular or special meeting on the day of a general primary election, a general election, a consolidated primary election, or a consolidated election, as defined in the Election Code. As a reminder, there is a general election on November 3, 2026.


  • Check contracts for auto-renewal provisions. School district contracts often renew on July 1, with required termination notice deadlines as early as 120 days prior. Don’t get stuck in a contract you don’t intend to! Contact James Levi or Kerry Pipal to review renewal provisions or prepare non-renewal notices.


  • If you are considering entering into a finance lease for technology, school buses, or other equipment, contact Heather Brickman or Kerry Pipal to discuss. Financing companies often require opinions of counsel that can be most efficiently provided if we are involved before board approval.


  • With better weather around the corner, remember to provide the required notice before the application of pesticides on school grounds or school structures. Contact Kerry Pipal or James Levi with questions.


CONCLUSION

The school year is now over. We hope you have summer plans and the opportunity to truly relax. (Remember when we were kids and summers lasted, well, forever?)


Speaking of next school year, you are now or soon will be planning your opening-day programs. Each year we receive multiple requests to speak at these events, so please contact your chosen Hodges Loizzi attorney as soon as possible, as those available August dates go quickly.


Our Viewing Recommendations


We do this with some reticence but, given its recent series finale and accompanying media attention, we recommend The Boys on Amazon Prime. It is not for the faint of heart or the easily offended but it is a searing satire of Hollywood and its interrelationship with politics. It's essential premise is simple, though: what if superheroes were real and weren't the good guys?


We also reluctantly have to sometimes issue a non-recommendation of a movie we had really hoped to like, in this case Greenland 2 with Gerard Butler. It is available currently on HBO. The original, Greenland, was a surprisingly moving study of a family with two separated parents and how they attempt to reach a military bunker in Greenland due to an asteroid collision. (As one wit put it, "Everyone knows Greenland has the best bunkers.") The sequel, however, is something else. Essentially a cliché of end-of-the-world movies. The set pieces are enjoyable, but the movie as a whole is unsatisfying. With that said, if you are fan of apocalypse movies, give it a try. But Paradise (a prior recommendation) is far more compelling.


In Conclusion


We will end with our best advice, albeit not legal advice. If you have a friend in the hospital and your schedule permits, stop by to see them or contact them with a word of care and encouragement. It means more to them than you know.


The end of this school year was particularly hectic, for you and for us. We hope you take the moment now for a deep breath and relaxation. It was our privilege to serve our clients and the school community in a particularly difficult legal environment. Of course, we have done so since we opened our doors in 1990, and we will keep doing so next school year and beyond.


Thanks for reading the Extra Mile, your gateway to the stability, service, and excellence of Hodges Loizzi.


The Attorneys and Support Staff of

Hodges, Loizzi, Eisenhammer, Rodick & Kohn

CONSUMER PRICE INDEX

Latest figures: May 2026

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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