In 2022, an inmate sent a letter to the mayor of Taylorville, IL complaining about the City attorney and other matters. The letter also included a FOIA request for a copy of the letter. The City’s FOIA officer denied the inmate’s FOIA request. The inmate filed a complaint under FOIA arguing that when the mayor received his letter it became a public record as defined by the FOIA and that there was no legal basis for denying his request for a copy of the letter. The City filed a motion to dismiss, which was granted by the circuit court. The
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New Reporting Requirements Under Unemployment Insurance Act
The Unemployment Insurance Act (“Act”) requires all Illinois employers to file a report with the Illinois Department of Employment Security (“IDES”) containing certain information about “newly hired employees.” The definition of “newly hired employees” was amended by Public Act 103-0343, signed into law by Governor Pritzker on July 28, 2023.
Newly Hired Employees Defined
As of January 1, 2024, all Illinois employers must report both employees and independent contractors who (i) have not previously been employed by the employer or (ii) who were previously employed by the employer but have separated from that prior employment for at least 60 consecutive…
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Civil Rights Data on Students’ Access to Educational Opportunities During the Pandemic Released by U.S. Department of Education
On November 15, 2023, the U.S. Department of Education’s (“Department”) Office for Civil Rights (“OCR”) released new civil rights data from the 2020-2021 school year, as well as seven data reports and snapshots which provide an overview of that data. OCR also launched a redesigned Civil Rights Data Collection (“CRDC”) website that includes public-use data files, reports, and snapshots, which school districts can use to review their own and other districts’ data, available here.
OCR’s CRDC, a mandatory survey of public schools, provides the federal government and the public with data about the extent to which students have…
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U.S. Department of Education Guidance and Resources about Addressing Discrimination and Harassment on the Basis of National Origin
The Biden Administration has made concentrated efforts to address the rise in reports of antisemitic, Islamophobic, and other hate-based or bias-based incidents in schools and on college campuses since the beginning of the Israel-Hamas conflict. On November 7, 2023, the U.S. Department of Education’s (“Department”) Office for Civil Rights (“OCR”) issued a Dear Colleague Letter reminding schools of their legal obligations under Title VI of the Civil Rights Act of 1964 (“Title VI”) to provide all students with a school environment free from discrimination based on race, color, or national origin.
The Dear Colleague Letter states that OCR will…
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Department of Education Dear Colleague Letter Provides Updated AT Device Guidance
On January 22, 2024, the United States Department of Education (“USDOE”) issued a Dear Colleague Letter regarding supporting students with disabilities who require assistive technology (“AT”) in order to receive meaningful access to their education. In conjunction with the Dear Colleague Letter, the USDOE also released a guidance document, Myths and Facts Surrounding Assistive Technology Devices and Services.
In the Dear Colleague Letter, the USDOE emphasizes the importance of assistive technology in transforming education and reducing barriers in equity and accessibility. The guidance document provides more in-depth information with the aim of increasing understanding of the IDEA’s requirements…
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DOJ Releases Notice of Proposed Rulemaking on Online Accessibility Requirements
On August 4, 2023, the Civil Rights Division of the U.S. Department of Justice (DOJ) published in the Federal Register a notice of proposed rulemaking (NPRM), on accessibility requirements for online and app-based services offered by state and local government entities, including public schools, community colleges, and public universities.
According to a press release from DOJ, the purpose of the proposed rule is to make online and app-based services more accessible for individuals with disabilities. The rule also aims to offer clarity to state and local governments as they shift traditionally in-person services onto virtual platforms. DOJ created a fact …
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HOW AN ATTORNEY CAN HELP YOUR CHILD’S EXPULSION CASE
Your child just returned from school with a letter from the principal. The school discovered something they consider to be a weapon in his or her locker, and now the school is seeking to expel your child for two years. What can you do?
For one thing, you may need to hire an attorney. Often, it is difficult for parents to understand how a hearing officer will perceive their child’s actions. Without this understanding, it can be difficult to make a persuasive case. For example, pointing out that another student got away with worse behavior generally does not work in…
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OCR Fact Sheet on Ensuring Meaningful Participation in Advanced Coursework and Specialized Programs for Students Who Are English Learners
In 2023, the U.S. Department of Education’s Office for Civil Rights (“OCR”) released a Fact Sheet on Ensuring Meaningful Participation in Advanced Coursework and Specialized Programs for Students Who Are English Learners (“Fact Sheet”), which is available here. The Fact Sheet provides data showing OCR found that students who are English Learners (“ELs”) have lower participation rates in specialized or advanced programs offered at elementary and secondary schools. OCR noted that schools must ensure eligibility for such programs, such as evaluation and testing procedures, do not screen out ELs because of their limited English proficiency, unless a program requires…
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Anticipating Regulations on Athletics Opportunities Under Title IX: A Look Back at 2023 Guidance from OCR
In April 2023, the U.S. Department of Education’s (Department) released a notice of proposed rulemaking (NPRM) on Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams. The final rule is expected to be released in spring 2024. For highlights from the Department’s NPRM, see our blog post available here.
Last winter, the Department’s Office for Civil Rights (OCR) released three resources to support equal opportunity in athletics under Title IX of the Education Amendments of 1972 (Title IX). OCR designed the documents to help…
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THREATENING A SCHOOL IN ILLINOIS
Last fall, Illinois libraries faced a slew of bomb threats. Fortunately, the threats were not real. However, calling in a false bomb or shooting threat is not viewed as a harmless prank. If your child engages in such behavior, they could face serious consequences leading to both criminal prosecution and expulsion from school.
If the school is intending to proceed against your child, they will notify you of your child’s right to a hearing. It is essential to contact an attorney immediately in order to protect your child’s rights. You should not try to explain your child’s situation or mental…
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Do You Own a Sidewalk? Appellate Court Gives Public Entities Another Win in Sidewalk Defect Cases
In the recent case of Martin v. City of Chicago, 2023 IL App (1st) 221116 (November 15, 2023) 3d Div., Cook Co., the Appellate Court addressed the issue of public entity liability for injuries caused by defective sidewalks. The Plaintiff, Sarah Martin, alleged that she sustained injuries after falling into a hole in a sidewalk in Chicago. Martin filed a lawsuit against the city, alleging that the city was negligent in maintaining the sidewalk in a safe condition. The trial court considered the case as one of premises liability and instructed the jury to determine if the Plaintiff was…
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Granting Request for Remote Work to Employee Due to Pregnancy-Related Conditions Not Required Where it Would Eliminate Key Function of Her Position
A recent First District Illinois Appellate Court ruling in the case of Lara Stachler v. The Board of Education of the City of Chicago, 2023 IL App (1st) 221092, rejected the plaintiff-appellant’s assertion that the Illinois Human Rights Act entitles an employee to accommodations for pregnancy-related medical conditions even when the accommodation would preclude the employee from performing the essential functions of her job. The court further held that an employee must advise her employer when an employer-provided private room to breastfeed or express breastmilk is inadequate.
Upon return from maternity leave to her work as a speech-language pathologist with…
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7th Circuit Affirms Chicago Board of Ed Win in Occupational Liberty Case
Husch Blackwell’s Joe Diedrich appeared recently on the Institute for Justice’s Short Circuit podcast to provide analysis in connection with the Seventh Circuit’s ruling in Biggs v. Chicago Board of Ed. The appellate court affirmed the district court’s grant of summary judgment in the case below, a dispute between a fired elementary school’s interim principal and the Chicago Public Schools system.
The plaintiff in the case alleged that the Chicago Board of Education deprived her of her liberty to pursue her occupation as a school administrator without due process when it made stigmatizing public statements about her in connection…
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A Case of Nuisance Abatement and Substantive Due Process
Local Government May Take Property Without Compensation if the Taking is Necessary to Protect Public Health and Safety
A recent Seventh Circuit decision re-affirmed precedent that, so long as the proper procedures are followed, local governments may take private property so long as the taking is necessary to protect public health and safety. In the recent case of Willow Way, LLC v. Village of Lyons, Illinois, No. 22-1775, the Court considered a dispute over the Village’s demolition of a dilapidated house on property owned by Willow Way, LLC. Willow Way argued that the demolition was a taking without compensation…
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Municipal Towing and Administrative Fees Found to be Constitutional
In Lehhy, et al. v City of Carbondale, 2023 IL APP 220542 the Plaintiff alleged that the City’s administrative fees were unconstitutional and that the City was reimbursed twice for the costs through administrative/ordinance fees and the Illinois Criminal and Traffic Assessment Act (Act).
The ordinance at issue addresses the towing and impounding of vehicles involved in a crime and provides two levels of administration fees. The City Code makes Level One a fee of $400 and Level Two a fee of $200. The complaint alleged that the City’s ordinance setting forth administrative fees had no reasonable relationship to…
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Attorney Andrew S. Paine to Compete at the 2023 Amputee Football Cup in Poland
We are excited to announce that Tressler attorney Andrew Paine will be competing as a member of the U.S. National Amputee Soccer Team at the 2023 Amp Football Cup. The team will square off against Poland, England, Japan and Costa Rica in Warsaw, Poland on September 16-17, 2023.“As some of you know, in March of 2022 I was in a snowmobile accident that resulted in significant injuries, including the amputation of my right leg just above the knee,” said Andrew Paine. “Now, a little more than a year later, I am honored and humbled to represent the United States as…
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