May 2026


Dear Readers of the Extra Mile:


Since we last wrote you, Hodges Loizzi celebrated our 36th anniversary on May 1. When we opened our doors on May 1, 1990, we occupied a small space on the first floor of the 3030 Salt Creek Lane building in Arlington Heights (which, incidentally, may soon be part of the Chicago Bears' new stadium complex).


While our offices on the second floor were being built, six attorneys worked on card tables with unlinked PCs, stored files on floppy disks, and utilized "car phones." That building would remain our Chicago area home for three decades (we're big on stability).


Today, we have 30+ attorneys and senior counsel serving all regions of our beautiful state. Our flagship office is now at 500 Park Boulevard in the Hamilton Lakes complex in Itasca, with two other locations in Peoria and O’Fallon. Technology has changed radically since 1990, but our formula has not; we provide superb legal representation to our school clients in an ever-changing, complex legal environment.


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As the end of the fiscal year approaches, many of you are moving on to other positions in different schools and joint agreements. 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 below).


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.


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 in late summer, make your reservation early. Space is limited at all three locations and can sell out quickly.


Student Handbook Checklist


Spring has arrived, and with it, the need for schools to review their student handbooks. Hodges Loizzi has revised and updated its Student Handbook Checklist for 2026, and it is now available for purchase through this order form.


If you wish to have a complete review of your student handbook, contact any of our Student/Special Education Practice Group attorneys.


Student handbooks have become a source of litigation for many school districts, so ensure yours is complete and up-to-date to avoid litigation and limit your legal costs. Order your checklist today!


ISBE Amends Physical Restraint and Time Out Form 11-01; District Action Required


ISBE recently amended its Physical Restraint and Time Out Form 11-01, adding a new Section “E” that, in part, requires school districts to provide information on how to request an evaluation under IDEA and Section 504. This requirement is not new; it has always been in the ISBE regulations governing isolated time out and physical restraint. What is new is the inclusion of the requirement in the Form 11-01.


All school districts/cooperatives should immediately review their procedure for providing all required information to parents/guardians when issuing a Form 11-01.


School districts continue to face challenges in implementing the legal requirements governing isolated time out and physical restraint. Please contact any of our Student/Special Education Practice Group attorneys with your inquiries.


Mirabelli Attorneys' Fees Update: Over $4,500,000 Awarded


As you know, we have been closely following the ongoing California litigation in Mirabelli v. Olson. Mirabelli involves a lawsuit filed by two middle school teachers challenging California's “parental exclusion policy” regarding the disclosure of students’ gender status to parents. The lawsuit involves the Escondido Unified School District and multiple state defendants.


As we reported in previous issues, the trial court ruled for the plaintiffs, the 9th Circuit stayed the trial court's order, and the SCOTUS reinstated the trial court order. The plaintiffs' attorneys then sought a fee award, and the trial court granted $4,526,888, where the judge noted in his award the "defendants' litigation intransigence." The judge also approved a top hourly rate of over $1,500 per hour.


The Thomas More Society, which is representing the plaintiffs in Mirabelli, has pledged to pursue similar claims against other school districts nationwide.


Mirabelli is critical both for its substantive holding and for illuminating schools' risks of civil rights litigation related to the rights of transgender students.


Contact Michelle Todd with inquiries about transgender student rights.

Consumer Price Index


The Bureau of Labor Statistics released its April 2026 CPI data on May 12. Inflation was running at the annual rate of 3.8%, above expectations. You can access the full BLS report below.


In This Issue


When do Illinois school districts have to comply with website accessibility rules? The DOJ provides a welcome answer.


What role does FERPA play in transgender students' rights disputes? Four major Kansas school districts find out.


May a school district limit school access to an off-campus religious instructional program? A federal court in Washington state weighs in.


What is the "stayed" placement in a special education due process hearing? An ISBE hearing officer weighs in.

LEGAL NEWS

New DOJ Rule Extends Compliance Deadlines for Website and Mobile App Accessibility Requirements 


Through an Interim Final Rule, the Department of Justice extended the deadlines by which local governments, including school districts, must meet certain website content and mobile application accessibility requirements. Read more...

Heather Brickman

U.S. Department of Education Finds Four Kansas School Districts Violated FERPA By Denying Access to "Gender Transition Plans"


The U.S. DOE's Student Privacy Policy Office (formerly the FPCO) recently ruled that four large Kansas school districts violated the Family Education Rights and Privacy Act (FERPA) when they allegedly had policies that "were likely to prevent schools from notifying parents of their child's so-called 'gender transition' even if a parent requested their child's records." Read More...

Christine Christensen

School District Violated Private Religious Program's First Amendment Rights By Limiting Access to School Forums


LifeWise Inc., a private program offering off-site religious instruction to public school students in several states, including Illinois, successfully obtained a preliminary injunction against the Washington Everett Public School District, after LifeWise challenged multiple school district requirements related to permission slips and distribution of literature. Read More....

Michelle Todd


ISBE Hearing Officer Determines “Stay-Put” Placement Is IEP Team’s Recommendation When Parents Fail to File for Mediation or Due Process Within 10 School Days


In a ruling on a “stay-put” motion successfully defended by Jessica Nguyen, an ISBE hearing officer has ruled in favor of the school district. In [Student] v. Meridian CUSD No. 223, the parents sought a stay-put placement at the district’s Junior High School during the pendency of the legal proceedings. 


The hearing officer ruled, however, that the IEP team’s change in placement to a therapeutic day school became effective 10 school days after the team’s meeting when the parents failed to file for other mediation or due process. Read more...



Jessica Nguyen


INSIGHTS FOR SCHOOL LEADERS

IASBO 2026 Annual Conference


We hope you enjoyed the IASBO Annual Conference and the presentations of our partners Jeff Goelitz and Steve Richart. We look forward to seeing you next year.

IASPA Spring Legal Summit


Jeff Goelitz will be presenting at the upcoming IASPA Legal Summit on May 28, 2026. He will be discussing “From Posting to Placement: Avoiding Legal Pitfalls in School Hiring” and providing his expertise on a Legal Panel. Click HERE for more details!

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

  • May 31 is the deadline to complete your "timely and meaningful" consultation with representatives of private and home-schooled students to determine the allocation of "proportionate share" special education and related services. Contact Michelle Todd with your inquiries.


  • As spring arrives, 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

We are now deep into the final month of the school year. We know you are addressing multiple and complex student and personnel issues, and we are proud to help. Keep in mind that summer break is near!


Our Viewing Recommendations


We begin with the new season of For All Mankind on Apple TV+. The series is a remarkable alternative take on the history of the space race, a race the Soviets won. It's also an alternate history of the United States (Al Gore wins the White House, for one term). A spin-off series, Star City, is due out soon and looks at the space race from the Soviet perspective.


In Conclusion


As mentioned above, May 1 was our 36th birthday. In some ways, things were very different. No iPhones, social media, or internet, "not a single luxury," in the words of Gilligan’s Island. More importantly, though, is what has not and will never change: our commitment to stability, service, and excellence.


We will write you again in June with the MLB season well underway (the Cubs have had a remarkable first month and a half of the season) and the College World Series happening in Omaha.


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: April 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. 

Itasca

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O’Fallon
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