Education

110 Larkin LLC et al. v. Weber, 2023 IL App (3d) 210606 arose from a tax rate objection in which the Plaintiffs alleged that the Woodridge Park District (WPD) imposed an unlawful levy in 2017 that resulted in an illegal excess accumulation in its corporate sub-fund. The Plaintiffs asserted that WPD levied $3,910,740 for “corporate purposes” in 2017. The Plaintiffs contended that this 2017 levy resulted in WPD’s “corporate sub-fund” containing 3.5 times the average annual expenditure of that specific fund.  Excess accumulation claims are analyzed by adding the fund’s balance at the beginning of the fiscal year and the
Continue Reading Appellate Court Finds in Favor of Park District on Tax Objection by Reviewing General Fund Accumulations Rather than Corporate Sub-Fund

On March 14, 2023, the Illinois Public Access Counselor’s (PAC) Office issued a binding PAC opinion finding a public body in violation of the Illinois Open Meetings Act (OMA) by holding an improper private meeting. A copy of the PAC Opinion 23-003 can be found here

A Library Board Trustee submitted a Request for Review to the Public Access Bureau. The Board Trustee alleged that the Library Board had violated OMA when it held a “Meet and Greet” with Trustees and staff members. The Meet and Greet was attended by three members of the seven-member Board. The Board denied that
Continue Reading New Binding PAC Opinion Finds a “Meet and Greet” to be a Meeting Subject to the Open Meetings Act 

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion requirement does not preclude claims under the Americans with Disabilities Act (“ADA”) for money damages because the relief sought under the ADA is not one that is available under the IDEA.

Michigan’s Sturgis Public School District was alleged to have provided the student with unqualified interpreters and misrepresented his educational progress, which ultimately led to the district not permitting him to graduate. The
Continue Reading U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Sometimes Freedom of Information Act requests are vague and so government entities are left seeking clarification from the requester. The best practice for government agencies is a follow-up discussion with a requester, resulting in simplification and narrowing of the request which can lead to a requester getting what they want and fewer government resources spent getting them the information. However, sometimes the quest for clarification can be taken by a requester to be gamesmanship, whether actually intended or not.

In Edgar County Watchdogs v. Joliet Township, 2023 IL App (3d) 210520 (February 23, 2023), the plaintiff submitted a Freedom
Continue Reading Illinois Appellate Court Denied FOIA Attorneys Fees and Civil Penalties Due to “Clarification” Process

We are proud to announce that Tressler local government attorneys John M. O’Driscoll and Darcy L. Proctor have been selected as 2023 Illinois Super Lawyers. Learn more about these accomplished attorneys below. Congratulations to both!

John M. O’DriscollPartner

John is a partner and Co-Chair of Tressler’s Government Practice Group. His practice includes representing companies and individuals in business disagreements and providing general counsel services to local governmental bodies such as municipalities, school districts and park districts. John handles a wide variety of disputes such as business litigation, breaches of contract, construction issues, employment disputes, property damage, tort liability defense,
Continue Reading John O’Driscoll and Darcy Proctor Recognized as 2023 Illinois Super Lawyers

As Election Day creeps closer and candidate signs litter the landscape, 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,
Continue Reading Election Season, Electioneering and Campaign Sign Reminders

Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the number of due process complaints and mediation requests increased drastically. As we head into 2023, we want to reflect on recent trends in due process litigation to help prepare for the year ahead.

The pattern of increased litigiousness is likely the culmination of increased frustrations with the effects that remote learning and COVID-19 had on students. Parents are frustrated that they are
Continue Reading Trends in Due Process Litigation

School districts often have gender-based dress codes, outlining specific requirements for students such as mandating a particular skirt length for female students or prohibiting muscle shirts for male students. In late 2022, the U.S. Government Accountability Office (GAO) released a report on school dress codes that made multiple findings regarding the disproportionate impact of dress codes on girls and minorities.

GAO estimated that of the 93% of school districts with some kind of dress code or policy, more than 90% of them have rules that prohibit clothing worn by female students. Included in the GAO’s report’s recommendations was a directive
Continue Reading The Intersection of School Dress Code Policies and Title IX

On August 9, 2019, Governor J.B. Pritzker signed Public Act 101-0221, also known as the Workplace Transparency Act, creating new protections for employees and contractors and rules for employers regarding sexual harassment. Most public entities are aware that the Act requires all employers in Illinois to provide annual sexual harassment prevention training to all employees. However, a reminder is necessary that it also requires that public entities report all adverse judgments and administrative rulings against it from the preceding calendar year to the Illinois Department of Human Rights.

Adverse judgments and administrative rulings are any final and non-appealable judgments issued
Continue Reading Workplace Transparency Act Reporting Mandate for Illinois Employers

On November 17, 2022, a federal judge in the United States District Court for the Northern District of Florida entered a temporary injunction against portions of Florida’s Individual Freedom Act that restricts how Florida’s public college and university professors present their curriculum and what students can and cannot learn in the classroom. The temporary injunction does not apply to Florida’s K-12 public school teachers.

Background

In December 2021, Florida’s Governor, Ron DeSantis, announced a legislative proposal, which he deemed the “Stop Wrongs to Our Kids and Employees (W.O.K.E. Act), to “fight back against woke indoctrination.” In early 2022, the Florida
Continue Reading Florida Judge Pauses Enforcement of Florida’s Individual Freedom Act

In Moran v. Calumet City, 2022 WL 17173891, (7th Cir. 2022), the court provided further insight as to whether fabricated evidence influenced a jury’s guilty verdict. There, a jury convicted Moran of attempted murder with a firearm but was later acquitted when exculpatory evidence, including a ballistics report linking the firearm to a different shooter, had not been turned over to the defense before trial. Moran filed suit seeking redress for a decade spent behind bars alleging that two detectives fabricated a police report and gave false testimony during his trial that led to his criminal conviction.

Under Seventh Circuit
Continue Reading What’s Material in a Fabrication of Evidence Claim?

On October 31, 2022, the Supreme Court of the United States (“SCOTUS” or “the Court”) heard oral arguments in two cases challenging the race-conscious student admissions policies used by Harvard University and the University of North Carolina (“UNC”) to promote diverse school enrollments. The final decision in this case likely will be released at the end of the current term—in late June or early July 2023. It could have important implications not only for colleges and universities but also for public school districts.

Background

The case began in 2014, when Student For Fair Admissions (“SFFA”), a nonprofit advocacy organization opposed
Continue Reading Affirmative Action: The Possible K-12 Impacts of the Supreme Court Cases Involving Harvard and UNC

In Ziccarelli v. Dart, 35 F. 4th 1079 (7th Cir. 2022), the Court of Appeals held that employers may violate the Family and Medical Leave Act (“FMLA”) by simply discouraging employees from exercising their rights under the FMLA without actually denying a leave request. On October 12, 2022, the U.S. Supreme Court declined to review the decision leaving the 7th Circuit ruling intact.

The Ziccarelli case involved FMLA claims brought by a corrections officer who had developed several serious health conditions over his long career with the Cook County Sheriff’s Office. Due to these conditions, the employee had taken intermittent
Continue Reading Denial of FMLA Benefits is Not Required to Prove FMLA Interference Claim

In July 2022, two federal district courts on opposite sides of the country issued opinions that have the potential to have a major impact on non-profits and schools not accepting federal funding throughout the country.

Case Law Background

The first case was before the U.S. District Court for the District of Maryland (Buettner-Hartsoe v. Baltimore Lutheran High School Association d/b/a Concordia Preparatory School) and involved several former students who sued Concordia Preparatory School, a private school, under Title IX of the Education Amendments of 1972 (“Title IX”). The former students alleged that the school failed to adequately address complaints of
Continue Reading Title IX’s Reach May Expand: Application to Non-Profits and Schools Not Accepting Federal Funding

The Biden Administration has recently taken steps through agency guidance, rulemaking and decision-making to highlight protections for students and employees with pregnancy-related conditions, including abortion, under the umbrella of Title IX. Against the backdrop of the Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization this past June overturning the 1973 ruling Roe v. Wade, which established a constitutional right to abortion, these recent actions by the Department of Education’s Office for Civil Rights (OCR) provide reminders to educational institutions that Title IX continues to guarantee certain protections under federal law for students and employees based on
Continue Reading Title IX Protections for Pregnancy after Overturning of Roe v. Wade

A recent ruling of the Illinois First District Appellate Court affirmed the Melrose Park Board of Fire and Police Commissioners’ decision to fire a Melrose Park Police Officer following a string of alleged misconduct.

In Scatchell v. Board of Fire & Police Commissioners for the Village of Melrose Park et al, (2022 Ill App (1st) 201361 a (now former) Melrose Park police officer, John Scatchell, brought a suit contesting his firing. In late 2017, Scatchell took paid leave to recover from an injury he suffered while on duty. During his leave, the police department learned that Scatchell was allegedly out
Continue Reading Appellate Court Upholds Firing of Police Officer Following Issuance of Garrity Warning