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February 2025
Dear Extra Mile Readers:
It has been a busy start to 2025, with new laws taking effect, a new Presidential administration and many changes happening at the federal level, and a steady stream of court and Public Access Counselor opinions affecting schools. This month, we start with a special recognition of attorney Barbara Erickson.
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We want to extend a special congratulations to our own Barb Erickson, the recipient of the Shelli Anderson Legacy Award for Excellence in School Law at IASPA's annual conference in January! This well-earned honor is in recognition of Barb's exceptional dedication and service in the practice of school law. Barb has been a frequent presenter for IASPA for years, pouring out her wisdom and practical advice to school HR leaders. Congratulations, Barb!
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As a reminder, P.A. 103-0539 amended the Illinois Equal Pay Act of 2003, effective January 1, 2025. Among other things, the amendment requires employers with 15 or more employees to include the pay scale and benefits for a position in the job posting for the position (or in a link to a public website). | |
As a reminder, P.A. 103-0608 amended the Illinois School Safety Drill Act, effective January 1, 2025, to require all public and non-public schools to develop a cardiac emergency response plan in accordance with American Heart Association and other nationally recognized evidence-based standards to address emergencies at school and at school-sponsored activities and events. These plans must list all AEDs on campuses and information on CPR and use of AEDs, and they must be reviewed in conjunction with the required annual review of emergency and crisis response plans. The law also requires that certain information regarding emergency procedures and techniques be provided to school employees no later than 30 days after the first day of each school year. | |
On January 15, 2025, the Illinois Department of Revenue issued its memo confirming that the CPI figure to be used in school districts' PTELL calculation this year is 2.9%. | |
On January 21, following a series of Executive Orders from President Trump, the U.S. Department of Homeland Security (“DHS”) issued a statement that it had rescinded its policy restricting immigration enforcement in “protected areas,” including schools. Read more... | |
On January 24, the U.S. Department of Education’s Office for Civil Rights (OCR) announced a shift on "book ban" complaints. OCR dismissed several pending complaints of book banning, eliminated its position of "book ban coordinator," and rescinded all department guidance that suggested the removal of age-inappropriate books from its libraries was a civil rights violation. | |
On January 29, President Trump issued an Executive Order ("Ending Radical Indoctrination in K-12 Schooling") that, among other things, calls for the Secretaries of Education, Defense, and Health and Human Services and the Attorney General to provide a plan within 90 days on addressing certain forms of alleged indoctrination in K-12 schools. We will continue to monitor this process and provide updates as appropriate. | |
On February 5, President Trump issued an Executive Order ("Keeping Men Out of Women’s Sports") specifying that only biological women and girls may participate in women’s and girls’ sports or access the women’s and girls’ locker facilities. Read more... | |
A rule proposed by the U.S. Department of Education in 2023 would have streamlined the process for billing for school-based Medicaid services by removing the one-time parental consent requirement. The Department withdrew the proposed rule in late December 2024, citing insufficient resources and time. As a result, Illinois school districts must still obtain one-time consent from parents to bill Medicaid and provide notice annually. | |
INSIGHTS FOR SCHOOL LEADERS | |
We're looking forward to the the IAASE Winter Conference on February 27-28 in Champaign. Jessica Nguyen and Michelle Todd will be presenting on recent special education cases in a breakout session on February 27, and Michelle Todd will be speaking as part of the IAASE legal panel on February 28. If you haven't already, register now and join Jessica and Michelle there! | |
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Court Affirms SB100 Expulsion Parameters and Overturns Use of Robinson Factors
In a recent ruling, an Illinois appellate court held that a school board complied with the Illinois School Code requirements for expelling students and further held that the Robinson factors for evaluating exclusionary student discipline were obviated by SB100. Thus, school districts no longer need to explicitly consider these factors when determining whether a school board appropriately excluded a student from school. Read more...
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Village Board Violated OMA by Implementing Unjustified Security Measures and Otherwise Failing to Accommodate a Large Crowd
The PAC found that a village board violated the OMA by failing to make two meetings "convenient and open" to the public. The meetings were held in a space that only accommodated 43 people, and despite prior reports of inadequate space and an anticipated large crowd, the board took no action to improve public access. Read more...
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Court Upholds Chicago Firefighter's Termination Over Offensive Facebook Posts
A firefighter/EMT was fired from the Chicago Fire Department for making racially offensive comments on Facebook and sued, claiming a violation of his First Amendment rights. The court ruled against him, finding his comments were personal grievances that harmed public trust, outweighing his free speech claims. Read more...
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Personally Identifiable Student Information Can Be Redacted from FOIA Response
A watchdog group filed a FOIA request to obtain graduation-related records from City Colleges of Chicago. On appeal, a court found that FERPA, which requires that recipients of federal funds maintain the confidentiality of student records, justified withholding personally identifiable student records from the FOIA response. Read more...
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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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