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July 2026
Dear Readers of the Extra Mile:
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Year in Review Conference Registration Now Open!
We are pleased to announce that registration is now open for the 2026 Year in Review conferences in conjunction with our partners at IASPA. You can register by clicking on your desired conference location below.
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 in the upcoming year.
In addition to just the sheer pleasure of attending, you also will receive three Professional Development hours from IASPA and an electronic copy of the conference Handbook, a compendium of the school year's major developments.
Here is the 2026 lineup...register now by clicking on your preferred location:
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The July Extra Mile
On July 4th, America celebrated the 250th anniversary of the Declaration of Independence and the founding of the United States. We hope you enjoyed your holiday celebrations.
If the Founders could see America in 2026, they would be astonished by the size, wealth, and technology of the nation they founded as thirteen colonies hugging the Atlantic. One thing that would not astonish them, however, is the role of education in the growth and incredible success of the United States.
Much of the advancements in technology, medicine, and science that have transformed American life over our Republic's 250 years were accomplished by graduates of our schools. As communities were founded in the westward expansion, the first thing they would establish is a school.
When America celebrates its 500th anniversary in the year 2276, their America will be incomprehensible to us today. Whatever incredible developments will exist in 2276, they will also be largely the result of education.
So, as we celebrate our 250th, take a moment to also celebrate your role as educators in educating the next generation of the American story.
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U.S. Department of Education Transfers Special Education and Civil Rights Functions to Department of Justice
As has been widely reported in the national media, the U.S Department of Education in June announced interagency agreements to transfer some programs currently under OSERS to the Department of Health and Human Services.
At the same time, and perhaps more significantly, the DOE announced an interagency agreement with the Department of Justice to refer civil rights complaints to the Department of Justice for evaluation, investigation, and potential resolution. OCR will, however, retain final decision-making authority over whether to pursue administrative enforcement or refer to the DOJ for judicial enforcement.
Based on the changes, school districts should not be surprised when they receive communications from the DOJ.
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U.S. Department of Education Issues "Dear Colleague" Letter Regarding Title IX
On July 10th, Secretary McMahon issued a "Dear Colleague" Letter announcing the investigation of 20 school districts nationwide regarding their alleged failure to promptly investigate allegation of sexual harassment by staff against students. The Districts were chosen based on their responses to federal civil rights data collection forms.
In the DCL, Secretary McMahon states:
All educational institutions are advised to ensure that: (1) their policies and practices comply with the ESEA and Title IX....(2) officials with authority to take corrective action are trained to recognize and respond to sexual misconduct; and (3) grievance procedures are not merely nominal, as investigations must be thorough, timely and genuinely responsive to reported misconduct.
Contact any of our Students/Special Education or Labor/Personnel attorneys with your questions about the impact of this DCL or to request an in-service on sexual harassment and Title IX.
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Mirabelli Fallout Continues/Illinois District Now Sued
We have been closely following the litigation over a California law governing school staff's disclosure of information to parents about their transgender children. Most recently, the Ninth Circuit Court of Appeals (which does not have jurisdiction over Illinois) entered a preliminary injunction against a California law limiting disclosure to parents about the transgender status of their children.
In City of Huntington Beach v. Newsom, et al., the Ninth Circuit, based on the Supreme Court ruling in Mirabelli, entered a preliminary injunction against California Law AB 1955. The Court found that the Supreme Court had determined that parents have a constitutional right to "not to be shut out of participation in decisions about their children's mental health." Read more...
The impact of Mirabelli is not limited to California. As we reported in last month's issue, a northwest suburban Chicago-area school district has been sued over a similar issue. The plaintiff in that case seeks "class action" status. To date, the plaintiff has not filed a request with the judge for class certification.
We will, of course, discuss Mirabelli and its implications for Illinois school districts at our upcoming Year in Review conferences (see above). Until then, contact Michelle Todd with your inquiries.
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ISBE Issues Revised Guidance and FAQ for RTO
ISBE has issued two updated Guidance and FAQ documents governing isolated time out and physical restraint since the last revision we wrote to you about in December of last year. The most recent revisions are dated March 2026 and July 2026: ISBE RTO Guidance and FAQ.
The changes are largely non-substantive, with the exception of changes to Question F-9. The July 2026 revised FAQ provides that only a person who has "completed the training requirements under subsection (h) of the administrative code" may conduct the evaluation required when staff utilize a physical restraint. Previously, the staff member conducting an evaluation need only be "knowledgeable" about physical restraint.
The modification to Question F-9 acts as a reminder to all school districts and cooperatives that all licensed educators and clinical practitioners (as well as nurses and SROs) engaging in physical restraints, time outs, and isolated time outs are mandated to take the full eight-hour training required by ISBE’s regulations.
The reference to School Resource Officer training in the revised Q&A raises a significant point. SRO's are generally not employees of school districts. Accordingly, the only mechanism to require training would run through your intergovernmental agreement with your local police department.
The number and extent of RTO complaints against schools continue to grow in both number and complexity and are often fundamentally different than responding to an ISBE special education complaint.
Contact Jessica Nguyen with your ISBE RTO Guidance inquiries. Contact Heather Brickman with inquiries regarding your police department IGAs.
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It's Audit Letter Season (Again)
Each year, we receive requests for audit response letters from our large and ever-growing client family. In these requests, we are asked to identify pending or threatened litigation and claims and to confirm certain matters related to the district's disclosure of unasserted claims.
Our firm's response must be tailored to the scope of the specific auditor inquiry and must be prepared in accordance with complex ethics guidelines acknowledging the vital importance of maintaining public confidence in school district financial statements.
Although we expedite responses to these multiple requests, the required due diligence does not permit for immediate "form letter" type of responses.
In the event that your auditor notifies us of a need for an accelerated response timeline, we will work with them to ensure that the district's audit timeline is met, but we ask that your auditors provide sufficient time to allow us to respond to all of our requests on a timely basis.
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Join the Extra Mile Mailing List!
Many of you are moving on to other positions in different schools and joint agreements next school year. Don't miss a single issue of the Extra Mile! Please click HERE to provide your updated information.
Similarly, if you know any of your fellow administrators who would benefit from the Extra Mile’s practical updates and legal insights (or our monthly viewing recommendations), please feel free to forward this email so they can subscribe.
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).
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HLERK Developments
As we mentioned in a prior email, Jason Manning became the fourth managing partner in our history on July 1.
We again thank Jason's predecessor, James Levi, who guided our firm through the most difficult days of the Covid-19 pandemic. James is returning to full-time practice in our Corporate practice group.
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Consumer Price Index
The Bureau of Labor Statistics released its June 2026 CPI data on July 14th. Inflation was running at the annual rate of 3.5%, below expectations. You can access the full BLS report below.
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In This Issue
Are there limitations on a student's cell phone use at school? The Illinois legislature paves new ground.
What is the role, if any, for artificial intelligence in the teacher evaluation process? The Illinois legislature weighs in.
Does Title IX or the Equal Protection Clause prohibit a state from banning trans women from participating in women's sports? The U.S. Supreme
Court decides.
Will the Cook County Treasurer's Office's delay in issuing property tax refunds trigger higher recapture levies for Cook County school districts?
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Illinois Legislature Requires Districts to Adopt Policy Banning “Wireless Communication Devices” During “School Time” Effective for the 2027-2028 School Year
Governor Pritzker is expected to sign a bill that requires school districts to adopt policies limiting the use of cell phones and other wireless communication devices during the school day from arrival through dismissal, including class, lunch, recess, and passing periods.
The policies provide for several exceptions, including use required by the school, when needed for health-related reasons, accommodation plans, English language learner materials, or, in some cases, for student caregiver responsibilities. Read more...
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Legislation Limits AI Use in Teacher Evaluations
The Illinois General Assembly passed legislation that will limit A.I. use in the teacher evaluation process. Public Act 104-0565 provides that evaluators and teachers being evaluated may not use A.I. in the teacher evaluation process, except to assist evaluators and teachers in completing administrative tasks. Both evaluators and teachers must disclose A.I. use. Read more..
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U.S. Supreme Court Rules on State Laws Banning Biological Males from Women's Sports
In a highly anticipated ruling, the High Court ruled that state laws banning biological males from women's sports did not violate either Title IX or the Equal Protection Clause of the Fourteenth Amendment. Read more...
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Property Tax Refund Backlog Could Complicate Cook County School District Recapture Levies
The Cook County Treasurer’s delay in issuing property tax refunds could trigger higher recapture levies for Cook County school districts. School district business officials should be aware that the recapture levy could be higher depending on when the Treasurer begins issuing refunds. Read more ...
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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.
IASBO Payroll Essentials Conference
Barb Erickson will once again be presenting at the Payroll Essentials Conference on October 7 at the Meridian Bank and Conference Center in Rolling Meadows, Illinois.
IASPA HR Essentials Conference
Barb Erickson and Jeff Goelitz will be speaking at IASPA's HR Essential Conference on September 10 at Northern Illinois University. Barb will be presenting two FMLA sessions at the conference, and Jeff will be presenting on avoiding legal pitfalls in school hiring.
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P.A. 104-338, amending the definition of bullying and cyber bullying, went into effect July 1. Remember to make sure your policy reflects the new changes. PRESS members have already received an update to Board Policy 7:180. Make sure your Board has adopted it. It is critical to have a policy reflecting the current law. (See Pennington v. Flora CUSD No. 35 (S.D. Ill. 2023))
- Governor Pritzker has signed into law the legislation we reported on last month regarding discipline of K-2 students as well as the legislation governing use of AI in the evaluation process. We will review the broad implications of both laws at the IASPA/HLERK Regional Conferences.
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Contact Steve Richart or Heather Brickman if your district is considering including a referendum question on the November ballot. HLERK offers trainings on compliance with referendum ethics laws and policies for board members/staff and review of any informational materials.
- Federal law requires all school districts to conduct educational programming during the week of September 18 in honor of the Constitution's birthday.
- Remember that pursuant to SB100, a school district's parent-teacher advisory committee ("PTAC") is to review a school district's bullying policy in addition to the school district's student discipline and search policies.
- 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.
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We trust and hope that many of you are either on, or soon going on, vacation. Many of us here are as well. Enjoy your trips and return refreshed and re-engaged. And, as we noted in our introduction, take pride in the contributions you and your fellow educators make to our country on a daily basis.
It is exciting that, in our 250th year, the world came to America in July for the World Cup (best wishes to Spain and Argentina in the Championship this Sunday). Team USA had a remarkable performance (though not without controversy).
The All-Star break finds the White Sox in, of all things, first place in the AL Central while the Cubs and Cards are within striking distance in the NL Central (striking distance liberally defined). We hope you enjoyed the All Star Game as well as Home Run Derby.
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Our Media Recommendations
For your summer viewing we have both movie and streaming recommendations. We highly recommend The Bennet Sisters on BritBox. If you don't have the service, you may want to sign up just for the series.
We move next to The Boroughs (Netflix). We were drawn to a story of retirees in a retirement community investigating a deadly secret underlying a seemingly ideal village. An ensemble cast of stars (Alfre Woodard in particular) are fun to watch. Sadly, Netflix cancelled the series after its first season.
If you haven't yet seen it, please go to the movies for Disclosure Day. Essentially a bookend to Close Encounters of the Third Kind, the film is Spielberg at his best. Don't wait for it to come to streaming; you need to see it in a theatre.
Given the holiday, we can't help but recommend Independence Day. The movie was a blockbuster when released in 1996 and for good reason. It stands the test of time. Essentially an update of War of the Worlds, it features Will Smith and Jeff Goldblum. Of course, it also contains the best movie President speech ever by Bill Pullman. ("Today is our Independence Day!")
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In Conclusion
We know this is a long issue, but there's a lot going on that you need to be aware of. By the time we write you again in August, the school year will be in full swing for many of you. Unfortunately, the legal environment you will face is strewn with remarkable complexity and deep uncertainty. We are ready to guide our clients to safe and successful outcomes in a complex and litigious world, as we have done for the past 36 years.
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
Stability. Service. Excellence in Our 36th Year
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CONSUMER PRICE INDEX
Latest figures: June 2026
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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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