The Extra Mile - Education Edition

A monthly newsletter of laws and cases affecting Illinois schools

The Extra Mile (March 2016)

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  • The Extra Mile is Going Green
  • Department of Education Proposes Amended IDEA Rules Governing Equity
  • ISBE Issues New Guidance Document 15-9 Regarding IDEA Proportionate Share Services for Parentally Placed Nonpublic Students with Disabilities
  • SEC Begins Pursuing "MCDC Initiative" Settlements with Public Bond Issuers Including School Districts
  • Federal Court Holds Dismissed Teacher Cannot Show "Liberty Interest" Due Process Violation After Securing Another Teaching Position One School Year Later

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The Extra Mile (February 2016)

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  • Every Student Succeeds Act Adopted/Dear Colleague Letter Issued
  • New Special Education “Medical Review” Rules and School Nurse Rules Take Effect July 1, 2016
  • Illinois School District Liability for Attorneys’ Fees Awards in FOIA Lawsuits Increased (again) By Appellate Court
  • Public Body Violated OMA By Requiring Members of the Public to Submit Questions for Public Comment On a Specific Form Hours Before a Meeting

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The Extra Mile (January 2016)

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  • School  Board Authority to Terminate Employment of Tenured Teacher Limited in First Appellate Court Decision Under SB7
  • School Board Did Not Violate OMA By Signing Separation Agreement During Closed Session Because of Subsequent Approval During Open Session
  • Chicago Board of Education Not Required to Arbitrate Do-Not-Hire Policy for Dismissed Non-Tenured Teachers

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The Extra Mile (November 2015)

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  • HLERK at the IASB/IASA/IASBO Joint Conference
  • Board Violates OMA By Failing to List Action Item on Agenda and By Discussing Services Contract During Closed Session
  • Southern Illinois Federal Court Dismisses Bullying Case Against School District
  • U.S. DOE "Dear Colleague" Letter Clarifies that IDEA Does Not Prohibit the Use of the Terms Dyslexia, Dyscalculia, and Dysgraphia

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The Extra Mile (August 2015)

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  • Illinois Appellate Court Upholds Dismissal of Lawsuit Seeking Monetary Damages for District’s Reconfiguration Plan
  • U.S. Department of Labor Issues Guidance for Employers Concerning Classification of Employees Under the Fair Labor Standards Act
  • DOJ Issues Guidance on “Service Animals” and the ADA
  • Attorney General Finds Employees Do Not Have a Privacy Interest in Settlement Agreements

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The Extra Mile (July 2015)

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  • U.S. Supreme Court Rules that Teachers May Testify About Out-of-Court Statements Made By Minor Students Regarding Abuse
  • Federal Department of Labor Issues Proposed Rule to Expand  Fair Labor Standards Act Overtime Requirements
  • Seventh Circuit Holds Job Description Alone Was Insufficient to Establish Essential Function of Job
  • IHSA Settles Litigation of Disabled Student Access to Athletics
  • Supreme Court Grants Petition To Hear Public Sector Union Dues Case

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