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Tressler attorneys John M. O’Driscoll, Katie E. Ngo and Caitlin Frenzer have been selected to speak at the IASB IASA IASBO Joint Annual Conference on November 23, 2024, at the Hyatt Regency in Chicago. We hope to see you there!

Click here to learn more about onsite registration.

When: 

Saturday, November 23, 2024 from 1:30 PM – 2:30 PM CST

Where: 

Hyatt Regency Chicago, 151 E Wacker Dr, Chicago, IL 60601

Hyatt East – Roosevelt 1A/B, Concourse Level

About the Presentation:

So You Want to Stay Out of Jail? Ethics For All! School Law

Recently there have been some significant criminal trials of…
Continue Reading John M. O’Driscoll, Katie E. Ngo and Caitlin Frenzer Selected to Speak at the 2024 IASB IASA IASBO Joint Annual Conference

On November 15, 2024, a federal court in Texas struck down the U.S. Department of Labor (“DOL”) rule that aimed to expand the scope of overtime eligibility to workers across the country. For certain executive, administrative or professional employees to be exempt from overtime pay, they must earn above a certain amount. The United States District Court for the Eastern District of Texas ruled that the DOL exceeded its rulemaking authority by raising the minimum salary threshold that would protect against overtime having to be paid under the Fair Labor Standards Act (“FLSA”). State of Texas v. United States Dep’t …
Continue Reading Federal Court Strikes Down DOL Overtime Rule

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Tressler attorneys John M. O’Driscoll, Andrew S. Paine, James J.Hess, Darcy L. Proctor,  Elizabeth F. Wagman, Kathleen M. Gibbons, Caitlin A. Frenzer, Drew O’Donnell and Michael Vargas have been selected to present at the 2025 IAPD/IPRA Soaring to New Heights Conference scheduled at the Hyatt Regency Chicago from January 23-25, 2025. We hope to see you there!

When: January 23-25, 2025

Where: Hyatt Regency Chicago, 151 East Wacker Dr., Chicago, IL, 60601

Conference Website: http://www.ilparksconference.com/

Please click here to register

Presentations:

So You Want To Stay Out Of Jail? What Park District Leadership Must Know About Ethics Requirements 

  • Session: 100
  • Speakers: 

…
Continue Reading Save the Date: 2025 IAPD/IPRA Soaring to New Heights Conference

In Better Government Ass’n v. City Colleges of Chicago, 2024 IL App (1st) 221414, the First District Appellate Court navigated the intersection of the Illinois Freedom of Information Act (5 ILCS 140/1 to 11.6 (West 2018)) (“FOIA”) and the Federal Education Rights and Privacy Act (20 U.S.C. § 1232g (2012)) (“FERPA”). FOIA provides transparency and accountability to all levels of government in the State of Illinois by requiring public entities to allow access to records to members of the public upon request. FERPA protects the privacy of student education records in all schools that receive federal funding from the…
Continue Reading When an Unstoppable Force – Transparency – Meets an Immovable Object – Student Privacy

It has been two months since the August 1, 2024 implementation date for the 2024 Title IX regulations promulgated by the U.S. Department of Education (“Department”) and schools across the country still face uncertainty from the court cases challenging the regulations.

Since their publication, the new regulations have faced strong opposition by states and national advocacy organizations. Twenty-six states and numerous private parties have filed or joined lawsuits seeking to block the implementation and enforcement of the regulations. Though the litigation has slowed down a bit from the pace leading up to the August 1, 2024 implementation deadline, multiple key…
Continue Reading Title IX Litigation Tracker: Where Do Things Stand Two Months After Implementation?

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Tressler attorneys John M. O’Driscoll and Caitlin Frenzer were recently selected to contribute to the Illinois Institute of Continuing Legal Education’s (IICLE) 2024 Edition of School Law: Personnel and Student Issues handbook. Their chapter is titled “Labor Relations: Overview and Certification of the Bargaining Unit.” The handbook is a comprehensive guide to navigating legal issues surrounding employee and student matters, offering insights and strategies into the obligations, responsibilities and limitations inherent in the operation of public schools. Well done, John and Caitlin! 

Click here to learn more or to purchase the handbook on IICLE’s website.

*Available formats include print and e-book. Also…
Continue Reading John M. O’Driscoll and Caitlin Frenzer Contribute to IICLE 2024 Edition of School Law: Personnel and Student Issues Handbook

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Tressler is delighted to welcome Katie E. Ngo as senior counsel in our Local Government Practice Group. Katie concentrates her practice in all aspects of school law. She works directly with superintendents and administrators to ensure compliance with the Illinois School Code, the Individuals with Disabilities in Education Act (IDEA), the Open Meetings Act (OMA), the Illinois Freedom of Information Act (FOIA) and various other state and federal laws and regulations. Katie counsels clients on a number of matters including employee discipline and investigations, student-related issues, collective bargaining, policy development, special education and bidding of public contracts.

“I am thrilled…
Continue Reading Katie E. Ngo Joins Tressler’s Local Government Practice Group

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Tressler attorneys John M. O’Driscoll, James J. Hess,  Darcy L. Proctor, Molly E. Thompson, Taylor A. Brewer, Jeyser G. Claudio and Drew J. O’Donnell have been selected to present at the Illinois Municipal League’s (IML) 111th Annual Conference at the Hyatt Regency Chicago on September 19-21, 2024. Please click here to register. We look forward to seeing you there!

When: Thursday, September 19th – Saturday, September 21st

Where: Hyatt Regency Chicago, 151 East Wacker Drive, Chicago, IL 60601

Tressler Presentations:

2024 Tort Immunity Update

Date: Thursday, September 19, 2024, from 12:40 PM – 1:40 PM, Grand Ballroom EF –…
Continue Reading REMINDER: 2024 IML Annual Conference

Tressler LLP is proud to announce that James (“Jim”) Hess has been promoted to partner. Jim is a member of Tressler’s Local Government Practice Group based in Bolingbrook and Chicago, Illinois. Jim joined Tressler as senior counsel in 2020.

“I am honored to be promoted to partner at Tressler,” said Jim Hess. “The support and mentorship from my colleagues and the firm has been invaluable. I look forward to continuing to deliver great results for our current and future clients and contributing to the growth of the Local Government Practice.” 

Jim represents various local government entities, primarily focusing on day-to-day…
Continue Reading James J. Hess Promoted to Partner in Tressler’s Government Practice

Election Day is on the horizon, so a brief reminder regarding legal restrictions on political signage is appropriate:

Electioneering outside the 100-foot campaign-free zone is permitted

“Electioneering” is conduct that urges a vote for or against a party, candidate or issue or engaging in political discussion within 100 feet of a polling place. 10 ILCS 5/7-41(c), 5/17-29.  Electioneering may take the form of either verbal communication or non-verbal communication – displaying signs, wearing campaign buttons or distributing campaign literature.

Sections 7-41 and 17-29 identify that the 100-foot zone runs from each entrance to the voting room itself, not the entire building.
Continue Reading Electioneering and Campaign Sign Reminders

On April 19, 2024, the U.S. Department of Education (“Department”) released the long-awaited Final Rule to Title IX. Title IX of the Education Amendments of 1972 is a statute with corresponding regulations that protect people from being excluded, denied benefits, or subject to discrimination under any education program or activity “on the basis of sex.” These regulations apply to every school at the K-12 and postsecondary level that receives federal financial assistance.

Since their publication, the 2024 Title IX regulations have faced strong opposition by states and national advocacy organizations who argue that they violate the Administrative Procedures…
Continue Reading Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX Regulations

Election season is quickly approaching. Candidates seeking election in the April 2025 Consolidated Election can start circulating their nominating petitions on August 20, 2024. Candidates should carefully check compliance with the rules and deadlines:

  • November 12, 2024. The first day for candidates to file their nominating petitions with the local election official or board of election commissioners.
  • November 18, 2024. Last day for candidates to file their nominating petitions.
  • November 25, 2024. Last day to file objections to nominating papers of independent, new party and non-partisan candidates (when non-partisan candidates are not subject to a primary) in the office of the local

…
Continue Reading Watch Out for These Dates for the Upcoming 2025 Consolidated Election!

In Williams v. Village of Berkley, the First District Appellate Court considered whether the municipal defendant had sufficiently proven that it was immune from suit under Sections 2-109 and 2-201 of the Tort Immunity Act (745 ILCS 10 et seq). Section 2-201 provides that “[e]xcept as otherwise provided by Statute, a public employee serving in a position involving the determination of policy or the exercise of discretion is not liable for an injury resulting from his act or omission in determining policy when acting in the exercise of such discretion even though abused.” Section 2-109 provides that a “local public entity is…
Continue Reading If a Branch Falls in a Municipality, Does the Village Have Tort Immunity?

On July 2, 2024, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Fact Sheet, which provides guidance to help school districts prevent and address discrimination, including harassment, based on race, color, or national origin. The Fact Sheet clarifies the legal obligations of school districts under Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance.

Through the fact sheet, OCR provides guidance related to identifying and addressing harassment that may create a…
Continue Reading OCR Releases Fact Sheet on School Districts’ Obligations under Title VI

ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education students, as well as students who are placed in residential placements by state agencies and students in the care of the DCFS or who are experiencing homelessness. Although consideration should be given to the guidance, hearing officers and courts are not required to follow it, so school districts should exercise independent judgment when making determinations on residential placements.

The guidance advises that school districts should only place a…
Continue Reading ISBE Releases Guidance Document on Residential Placements

Section 2-107 of the Illinois Local Governmental and Government Tort Immunity Act provides that “A local public entity is not liable for injury caused by any action of its employees that is libelous or slanderous or for the provision of information either orally, in writing, by computer or any other electronic transmission or in a book or other form of library material.” The language “for the provision of information” was a key issue in Plaintiff 1 v. Bd. of Educ. of Lake Forest High School Dist.115, 2024 IL App (2d) 230173. The plaintiffs in this case had gone to…
Continue Reading Illinois Appellate Court Affirms Dismissal of Lawsuit Based on Tort Immunity Act