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September 2026
Dear Readers of the Extra Mile:
By now, you are deep into the new school year and overwhelmed with a multiplicity of issues. Our clients can rest assured that we have their back and are guiding them through the complexities of a legal environment that rivals or exceeds anything we have ever seen.
We begin, however, with our newest feature....
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WHAT YOU NEED TO KNOW
(IN 3 MINUTES OR LESS) |
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Students: SPPO has issued a letter to superintendents regarding the PPRA, and ISBE issued a “Non-Regulatory Guidance” on Universal Mental Health Screening. Read More...
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Board Governance: The Seventh Circuit has concluded that public officials may face individual liability for allegedly violating First Amendment rights of community members. Read more...
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Labor/Personnel: The Illinois legislature has passed a new law purporting to heighten the standard for coursework leading to salary advancement. Read more...
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Students: A federal trial court found that a school district violated the ADA by prohibiting private ABA providers in schools, leading to the school district having to pay the plaintiff's attorney's fees. Read more...
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Students: The Office for Civil Rights has issued a new Guidance on student discipline and compliance with Title VI of the Civil Rights Act of 1964. Read more...
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Students: ISBE has issued a new Guidance on student ticketing. Read more...
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Litigation: An Illinois federal trial court awarded $1,500 per hour to a plaintiff's attorney in a civil rights case. Read more...
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Students: The Illinois Supreme Court limits a school district's responsibility for transportation of private-school students. Read more...
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Students: An Illinois federal trial court has ruled that residency trumps the IDEA. Read more...
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Students: Meta has settled Attorneys' General litigation, and Illinois school districts may be able to access settlement funds. Read more...
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Students: ISBE has issued a revised Notice of Procedural Safeguards for Parents/Guardians of Students With Disabilities. Read more...
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Register Now for IASPA/HLERK Year in Review Conferences!
Here is the 2026 lineup...register now by clicking on your preferred location:
Don't be the first person left out. Register now!
This will be a critical year for you to attend, given major legislative developments in both the labor/personnel and student/special education areas of the law, as well as several important updates in the corporate/board governance area.
Join us and avoid legal risk and attendant legal costs in the upcoming year.
In addition to the sheer pleasure of attending, you will also receive three Professional Development hours from IASPA and an electronic copy of the conference Handbook, a compendium of the school year's major developments.
The annual Stump the Lawyer session is a rare chance to get real answers delivered with Hodges Loizzi candor and humor.
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Consumer Price Index
The Bureau of Labor Statistics released its August 2026 CPI data on September 11. Inflation was running at the annual rate of 3.4%, meeting expectations. In general, inflation continues to well exceed the 2% annual rate sought by the Federal Reserve. You can access the full BLS report below.
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SPPO Issues Letter Regarding PPRA and ISBE Issues Universal Mental Health Screening Guidance
The U.S. Department of Education and ISBE issued separate but related guidance's on the PPRA and universal mental health screenings, respectively. ISBE counsels school districts to work closely with their attorney on implementation. Read more...
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Public Officials Face Individual Liability When Deleting Public Website Comments Based on Viewpoint
The Seventh Circuit Court of Appeals, with jurisdiction over all Illinois school districts, holds that public officials may not selectively delete comments from an open government website based on the views expressed.
Moreover, the Court held that the public official deleting the comments can face individual liability for a civil rights violation. Read more...
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P.A. 104-0795: New Standards For Teacher Salary Advancement Coursework
Illinois' Public Act 104-0795 establishes requirements for the continuing education coursework that may be used for teacher salary advancement. Beginning with coursework completed on or after July 1, 2026, school districts that provide salary advancement based on coursework will need to ensure that qualifying programs meet the law's new criteria. Read more...
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Federal District Court Orders School District to Allow Private ABA Therapy Providers In Classrooms
Remarkably, a Kansas federal trial court issued a preliminary injunction against a school district, finding that students were likely to succeed on claims that the district's blanket ban on in-class, privately provided ABA therapy denied them meaningful access to their education under the ADA and Section 504. Read more...
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New Guidance on Student Discipline and Compliance with Title VI
On August 18, 2026, the Office for Civil Rights issued a new Guidance taking the position that Title VI of the Civil Rights Act of 1964 prohibits the use of a "disparate impact" theory in determining student discipline.
Concurrent with the issuance of the Guidance, OCR announced the investigation of school districts in Arkansas and Wisconsin regarding alleged violations of Title VI in student discipline. Read the OCR Guidance HERE...
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ISBE Issues New Guidance Governing Student Ticketing
The Non-Regulatory Guidance reviews the law and includes a Q&A.
Read the ISBE Guidance...
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Illinois Federal Trial Court Awards $1,500- Per-Hour Rate for Plaintiff's Civil Rights Litigation
In a surprising ruling, a federal trial court judge upheld an attorneys' fees award of $1,500 per hour in a civil rights case brought against the City of Chicago.
School districts, unfortunately, routinely face civil rights litigation, and the trial court's award emphasizes the critical importance of close coordination with legal counsel before litigation arrives on your doorstep. Read more...
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Illinois Supreme Court Rules On School District Responsibility for Transportation of Private-School Students
In our March issue, we reported that the Illinois Supreme Court had accepted an appeal by East St. Louis School District No. 189 regarding a long-running transportation dispute involving a local private school.
Recently, the Supreme Court, in a 4-3 ruling, reversed the appellate court and found in favor of the District. The Court found that the School Code did not require the District to provide separate transportation routes for private-school students.
The decision brings needed clarity to a question of law going back to the 1970's. Read more...
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Residency Ruling Trumps IDEA Stay-Put Protections
In a welcome decision, an Illinois federal trial court ruled that once a school district determined in a hearing that a student was a non-resident, a subsequent due-process request did not require the District to enroll the student pursuant to "stay of placement." Read more...
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Meta Settles Attorneys' General Litigation; Illinois Districts May be Able to Access Settlement Funds
On the eve of trial, social media giant Meta settled a state attorneys' general lawsuit regarding social media's impact on children. Illinois will receive a substantial sum from the settlement. Read more...
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ISBE Issues Revised Special Education Procedural Safeguards
ISBE recently issued a revised and updated Procedural Safeguards Notice for parents of students with disabilities. The amended Notice makes a variety of substantive changes, including stating that the IEP can stand as the "prior written notice" of IEP and placement changes required under IDEA. Read more...
| | | INSIGHTS FOR SCHOOL LEADERS | |
Fourth Annual Legal Symposium
Tony Senagore will be presenting at the Fourth Annual Legal Symposium on Property Assessment on Tuesday, September 29, at Northern Illinois University – Naperville on FOIA and OMA for Property Tax Assessment Professionals.
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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.
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ICSA In-House Counsel Networking Meeting
Jeff Goelitz will present "Collective Bargaining 2026: What School Attorneys Need to Know Now" to fellow school attorneys at the ICSA In-House Counsel Networking Meeting on October 9 in Lombard.
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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.
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IAASE Fall Conference/LEA Summit
The IAASE Annual Fall Conference scheduled for October 22-23 at the Donald E. Stephens Convention Center in Rosemont is fast approaching. Valerie Robert and Christine Christensen will be sharing their expertise and speaking on Managing Parent Demands in the Age of AI.
You can also join Jessica Nguyen and Michelle Todd as they reprise their acclaimed The Good, the Bad, Ugly: 2026 Special Education Update. Nobody does it better. Space will be limited; get there early.
In early October visit with Michelle as she presents at the IAASE LEA Summit scheduled for October 2nd at the Westin in Itasca (adjoining our offices!). If you need to arrange a meeting while you're here for the Summit, just schedule with your Hodges Loizzi attorney. We'd love to have you visit.
We look forward to meeting with your special education administrators, and please take the time to take a break and enjoy relaxing with us and your counterparts from across our wonderful state.
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The legislation restricting K-2 suspension/expulsions (HB 3772; P.A. 104-0546) will now have a delayed effective date of July 1, 2028.
- Remember to require student health exams and immunizations by October 15 unless your district has set an earlier date (with parent notifications) or unless the student is an out-of-state transfer student.
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Contact Steve Richart or Heather Brickman if your district is considering including a referendum question on the November ballot. Hodges Loizzi 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.
- 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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The School Code governs the sale and purchase of real property by school districts and cooperatives. Contact James Levi or Kerry Pipal if your district is considering a real estate transaction.
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Since we last wrote you, the Cubs are racing to the finish line while, amazingly, the White Sox are leading the AL Central. See you at Wrigley and Rate Field in the postseason.
The Bears' season has likewise kicked off with a bang (59 points vs. Carolina)! The Bears are predicted contenders for the playoffs under their young and talented coach and quarterback. In any event, our office Bears fans are excited.
Of course, college football is now three weeks in. Whatever one thinks of NIL and player-eligibility litigation (see Sorsby, Brendan and Kiffin, Lane), the games retain their allure. We shall see whether Congress passes legislation granting colleges a limited antitrust exemption (enjoyed, by the way, by both the MLB and the NFL (twice)).
Each week brings its drama. Michigan, on a literal last-second Hail Mary, won in week 1. Or did it? The Mid-American Conference is appealing to the College Football Playoff Committee. Even in sports, your lawyer matters.
In our last issue, we mentioned the Sinquefield Cup competition in St. Louis for our metro-east readers. The winner was Grandmaster Wesley So. Immediately after the Cup, St. Louis hosted the Grand Chess Tour (think tennis Grand Slam). There, the winner was Grandmaster Pragg. If none of this rings a bell, talk to your Chess Club sponsor. It's a big deal. St. Louis baseball may be in the doldrums, but St. Louis is the chess capital of America.
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Our Media (and Restaurant) Recommendations
In our last month's issue, we noted the 60th anniversary of Star Trek. On September 8, 1966, Star Trek premiered on NBC. In recognition, we reiterate our recommendation for Star Trek: Strange New Worlds (Paramount+). Just to show we are not suckers for all things Star Trek, we do not recommend Star Trek: Starfleet Academy.
We also recommend Sugar on AppleTV+. It's a film noir story about an LA PI (Colin Farrell), until well...it's not. Season 2 has just completed.
We mentioned last month that we don't do restaurant recommendations but, what the heck, why not? This month, one of our Board Governance partners recommends Alla Vita in the West Loop featuring Italian cuisine.
For those of you looking for a suburban location, we recommend Eddie Merlot's, featuring steak and seafood. There are three locations: Lincolnshire, Burr Ridge, and Warrenville.
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Have any thoughts about this month's issue? Let us know! Email us at newsletter@hlerk.com. Media recommendations are welcome.
Thanks for reading the Extra Mile, your gateway to the stability, service, and excellence of Hodges Loizzi. We will write you again in October. In the meantime, check our website for the latest.
The Attorneys and Support Staff of Hodges, Loizzi, Eisenhammer, Rodick & Kohn
Stability, Service, Excellence in our 36th year
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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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