August 2025


Dear Extra Mile Readers:


In this issue, we review multiple key legal developments, ranging from a major U.S Supreme Court decision about parents' right to “opt out” of certain curriculum under the freedom of religion clause of the First Amendment to a significant ruling from our Seventh Circuit Court of Appeals regarding teachers' religious rights in the context of student names and pronouns. Speaking of the Seventh Circuit, we next review a ruling about a teacher’s failed claim that her reassignment from a high school to an elementary position was discriminatory. And finally, we look at an Illinois appellate court ruling finding that a States’ Attorney’s office violated FOIA by issuing a blanket denial of a FOIA request.  We will be discussing some of these decisions and much more at our rapidly approaching The Year in Review conferences (see below).

THE YEAR IN REVIEW REGISTRATION NOW OPEN

In association with IASPA, our firm presents an annual seminar, The Year in Review: Highlights and Lowlights of Illinois School Law, around the state, providing school leaders all the most important updates on school law from the past year. If you've attended before, you know it's a can't-miss event, and we look forward to seeing you again! If you are new to your role or just want to make sure you're up to speed on the latest, we invite you to join us! This year's dates and locations are:


Collinsville - October 14


Peoria - October 22



Itasca - October 30


Online registration is open, so click on whichever link works best for you. We look forward to seeing you there!

LEGAL NEWS

Supreme Court Rules Policy Prohibiting Opt-Out of Certain Classroom Instruction Likely Violates First Amendment


Recently, the Supreme Court, in Mahmoud v. Taylor, held that a Maryland school district’s policy prohibiting parents from receiving notice and having the ability to opt their children out of instruction involving LGBTQ-themed storybooks likely violated the parents’ right to free exercise of religion under the First Amendment. Read more...

Jessica Nguyen

Seventh Circuit Finds Lack of Discriminatory Pretext in Reassignment of Principal 


The Seventh Circuit ruled against a principal who claimed age and sex discrimination under Title VII and the Age Discrimination in Employment Act after being reassigned from a high school to an elementary school. The court found that the principal failed to meet her burden to present evidence of discriminatory pretext under either Title VII or the ADEA. Read more...

Tony Loizzi

Teacher's Religious Accommodation Claim Revived Again


In a long-running case involving a teacher's refusal to use students' preferred names and pronouns for religious reasons, Kluge v. Brownsburg Community School District Corp., the Seventh Circuit applied a new religious-accommodation test and revived the teacher's claim, saying a jury should decide the case. Read more...

Jen Donnelly

Public Bodies Need More Than Blanket Exemptions Under FOIA


Any public body asserting a FOIA exemption must prove that the withheld records are exempt. An Illinois court concluded that blanket exemptions based on conclusory claims are insufficient and required the State’s Attorney’s Office to provide more specifics on the basis for the exemption it was asserting. Read more...

Steve Richart

INSIGHTS FOR SCHOOL LEADERS

Barb Erickson will be presenting on the FMLA at the AASPA Annual Conference in Nashville on October 7.

IN CASE YOU MISSED IT

New Law Bans Police Ticketing and Fining Students for Misconduct on School Grounds

P.A. 104-0020 Removes Student Growth as a Required Component in Evaluations

Unanimous U.S. Supreme Court Lowers Standard for School District Liability in Disability Cases Arising From IDEA Disputes

The Racism-Free Schools training developed by the Illinois Department of Human Rights pursuant to the Racism-Free Schools Law is now available at https://dhr.illinois.gov/training/racism-free-schools.html.

U.S. Department of Education Issues Guidance on Artificial Intelligence Use in Schools, Proposes Additional Supplemental Priority

CONSUMER PRICE INDEX

Latest figures: July 2025

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. 

Itasca

847-670-9000

Peoria
309-671-9000
O’Fallon
618-622-0999