SCHOOL LAW ADVISOR newsletter
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Fall 2022 Update and Newsletter |
Greetings!
Consistent with our mission to continually provide relevant, timely, and important updates improve outcomes for schools and universities, and to protect the education for students and learners, Miller, Tracy, Braun, Funk & Miller, Ltd. provides this regular newsletter to schools and educational institutions.
Attorneys Brian Braun, Brandon Wright, and David Braun are speaking in Chicago during the annual IASB/IASA/IASBO Schools Convention. In addition, there a couple of new laws worth your time and review.
In service to keeping schools informed and maximizing convenience for our clients, we will host our next annual workshop by Zoom on Tuesday, January 10, 2022 at 3:00 p.m. We hope you will forward to your Boards and administrators, and that you will join us for a couple of hours in January.
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Annual MTBFM Seminar
New Finance Laws 2022
IASB/IASA/IASBO Convention
Faith's Law
Supreme Court grants certiorari
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Please join us on Tuesday, January 10, 2022 at 3:00 p.m. for our annual seminar and legal update by ZOOM.
Attorneys from MTBFM will discuss legal updates, news and cases, your questions and more. We welcome the participation of Administrators and Board members of Schools and Universities, as well as anyone else you believe may support your learning institution.
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A couple of new finance laws |
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As you review your handbooks and prepare for the 2022-2023 school year, there are several new laws to pay attention to and be prepared to address.
PA 102-1088 – Decennial Committee on Local Government Efficiency Act - The Act establishes a committee composed of members from the Board of Education, the community, and the administration to meet every ten (10) years (beginning by June 10, 2023) to review and study the way the school district uses funds.
According to the law, each committee will "study local efficiencies and report recommendations regarding efficiencies and increased accountability to the county board in which the governmental unit is located." Each committee's membership shall include the elected or appointed members of the Board of Education; at least 2 residents of the District, who are appointed by the President of the Board of Education, with the advice and consent of the board; and the Superintendent or administrator. The committee shall be chaired by the President of the Board or the administrator, and the chair may appoint additional members.
The duties of the committee include, but are not limited to, the study of the School’s statutes, ordinances, rules, procedures, powers, jurisdiction, shared services, intergovernmental agreements, and interrelationships with other governmental units and the State. The committee shall also collect data, research, and analysis as necessary to prepare a report, meeting at least three (3) times during its work. The committee will prepare a written report, “which shall include recommendations in respect to increased accountability and efficiency, and shall provide the report to the county board in which the governmental unit is located no later than 18 months after the formation of the committee. The report shall be made available to the public.”
It is not clear, in the statute, what consequence, if any, exist for failure to comply with the new statutory creation.
PA 102-895 - Among many other changes in the lengthy bill, the following addition was made to the School Code at 17-1.3:
Notwithstanding any other provision of law, each school district shall disclose to the public, at the public hearing at which the district certifies its budget and levy for the taxable year, the cash reserve balance of all funds held by the district related to its operational levy and, if applicable, any obligations secured by those funds.
Indeed, the statute is silent on what way the information must be made available. Most schools are already discussing this information at meetings ahead of the hearings - so adding either a short summary statement, a handout, a projection, or other information that was previously presented to the Board as available at the hearing would apparently suffice.
The law also now permits recapture of certain unavailable tax levy funds from prior years resulting from a District not levying to its cap, however, the recapture remains subject to the present year's 5% levy limitations.
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III Convention - Attorneys in Chicago |
Please look for our attorneys presenting in Chicago at the IASB/IASA/IASBO Joint Convention.
Brian Braun - Current Trends: Collective Bargaining and Contract Management (co-presented with Rob Lyons) - Hyatt West Tower, Regency D Ballroom Level
12:30 p.m. Saturday, November 19, 2022
Brandon Wright - Chair, Illinois Council of School Attorneys, General Session
David Braun - 10 Things I Hate About Bargaining: Tips to Love the Process (co-presented with Dr. Kyle Freeman) - Hyatt East Tower Grand Ballroom I
10:30 a.m. Saturday, November 19, 2022
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As a reminder, Faith’s Law requires that by July 1, 2022, Districts should have developed an employee code of conduct policy and posted it on its website and in any student, parent, or staff handed provided by the District.
The employee code of conduct, at a minimum, must include:
- The definition of “sexual misconduct” from the statute;
- An incorporation of the Code of Ethics for Illinois Educators;
- References to employee reporting requirements under the Abused and Neglected Child Reporting Act and Title IX;
- References to required training on child abuse and employee ethics under state and federal law;
- Expectations for maintaining professional relationships and boundaries generally, and then in three specific circumstances:
- Transporting a student,
- Taking or possessing a photo or video of a student
- Meeting with a student or contacting a student outside of the employee’s or agent’s professional role.
Faith’s Law expands the criminal definition of grooming to include conduct outside of solely online or technology-based conduct. It additionally clarifies that grooming behaviors are a part of conduct which mandated reporters are required to report under the Abused and Neglected Child Reporting Act.
The nature of inclusion of the language be somewhat different in every school, and because the conference of liability may be determined by care in compliance, it is important that schools evaluate how their own policies will be impacted by the addition of these requirements.
Many of the new and relevant policy updates may have occurred after the time of year schools typically update handbooks, so it may be wise to double-check if your versions adequately met this requirement. If you find a required piece missing, it may be wise to update your web versions and print addenda. The legislature emphasized the importance of educators’ reporting requirements on such an important issue, so there may be value in ensuring staff receive print copies of any addenda to the staff handbook. In doing so, it would be a great time to remind educators of their many similar reporting requirements of sexual misconduct, such as employee reporting requirements under Title IX.
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Supreme Court grants certiorari in Shawnee Comm. Unit Sch. Dist No. 84 v. Illinois Property Tax Appeal Board*
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A case of particular importance to Illinois school districts has made its way to the Supreme Court of Illinois. The Illinois Supreme Court granted certiorari in Shawnee Community Unit School District No. 84 v. Illinois Property Tax Appeal Board, reviewing, among many important issues, the issue of whether or not property tax appeals which progress through the Property Tax Appeal Board require payment under protest, long the rule if the appeal occurs in Court. The case, dealing with the unique matter of a very large power production facility that sold, stopped paying tax, and was eventually redeemed out of a tax sale, presents a potential path for the savvy and well-healed taxpayer to create an uncomfortable situation for a small school which might have to await a lengthy and costly process to acquire taxes it is owed. Though the set of facts is unique, the outcome of the case may create either better clarity in the law, or a new challenge in managing large-basis tax appeals.
*Miller, Tracy, Braun, Funk & Miller, Ltd. was honored to have the opportunity to file an amicus brief in the matter on behalf of the Illinois Association of School Administrators and Illinois Association of School Boards.
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We look forward to serving you and your educational institutions.
Sincerely,
Miller, Tracy, Braun, Funk & Miller, Ltd.
The contents of this newsletter, as well as any and all attached or linked documents, including websites, blogs, handouts, and legal updates, as well as any and all links on these pages should not be construed as legal advice. Individual problems or requests for information should be referred to legal counsel for an opinion based on facts specific to your inquiry.
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Address: 316 S. Charter Street
Monticello, IL 61856
Phone: 217-762-9416
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