Education Law We have represented school districts through
the unprecedented growth of the 1940s and the 1950s, the social turmoil
of the 1960s, the increase of government regulation and employee awareness
of the 1970s and 1980s and the financial difficulties of the 1990s. Creative
and innovative approaches to problem solving are what these difficult and
constantly changing circumstances demand and what the firm's long and varied
experience makes possible. We represent school districts as their general
attorney and as counsel on special matters.
In addition, our firm currently serves as
chief defense attorney for several educational self- insurance pools which
keeps the firm in constant contact with the problems faced by more than
100 Illinois school districts. One of our partners is the founding General
Editor and current Co-Editor of the two volume handbook published by the Illinois
Institute for Continuing Legal Education entitled "Illinois School Law."
Frequently Asked Questions About
Education Law
1. What is the role of school and community college boards in Illinois, and where are their powers defined?
ANSWER: Generally, school boards are vested with only the powers, duties and authority specifically vested to them by state law. As local governmental entities, schools and community colleges are creatures of statute, and according to the longstanding "Dillon's Rule", typically only have those powers specifically provided to them by law. Both the School Code and the Public Community College Act , provide road maps for the powers and duties of local boards. School and college state associations publish bound copies of the statutes containing detailed and usable indexes. Other state laws such as the Open Meetings Act and the Freedom of Information Act impacting board governance are included in the volumes. Perhaps the greatest challenge facing board members is maintaining the delicate balance between policy governance and day-to-day operations. Boards engage professional educators-- superintendents and community college presidents, as well as other administrators-- to guide them in day-to-day institutional decision-making. The issues that reach the board level are often stated in education, operational or financial jargon. Believe it or not, the professionals you hire are capable of speaking and writing in common English (all you have to do is ask them to!).
2. What are the fundamental rules governing student rights and responsibilities?
ANSWER: Student issues are at the core of school district governance. The School Code and Community College Act provide many of the laws concerning curriculum and core subject areas, standards for measuring student success, residency and attendance requirements, and rules regarding student discipline and conduct. Other laws, such as the Family Educational Rights and Privacy Act (FERPA) and the Illinois School Student Records Act, provide specific guidance relating to release of student records with and without parental consent. Of great importance is the Individual with Disabilities Education Act, which sets out the detailed procedural and substantive rules regarding educating children suffering from disabilities. Generally, schools must identify, evaluate and place children suffering from physical, learning and behavioral disabilities in the most appropriate least restrictive education environment. In the community college setting, the Americans with Disabilities Act provides standards for educating students while providing them equal access to educational opportunities with or without reasonable accommodation. A growing issue concerns sexual harassment of students by teachers and other students. Title IX of the Education Amendments makes schools and colleges liable for student sexual harassment including the imposition of monetary damages against the school or college.
3. Are there special laws concerning teachers' employment and unionization?
ANSWER: Issues arising in the educational sector are often "grey" and can be emotionally charged, particularly when they concern a predominantly unionized teaching workforce. The School Code and Community College Act provide extensive regulation of teacher tenure rights, evaluation and discharge with our without cause. Specific rules concerning reductions in force are critical as schools and colleges establish annual budgets. The Illinois Educational Labor Relations Act governs organization of and collective bargaining with education unions. Many schools and colleges establish salary schedules which provide annual salary increases based on years of service and educational degrees. Teachers in schools and colleges are also given extensive benefits under the Teachers Retirement System and the State University Retirement System laws. Although teacher strikes and other employment issues often get significant play in the media, most teachers and community college instructors are dedicated to the challenging task of creating positive teaching and learning environments.
4. What are some of the issues surrounding the use of educational technology?
ANSWER: Constitutional issues are implicated by the infusion of technology in educational institutions. First Amendment issues arise when schools and colleges attempt to control the content of speech being published on student or instructor web sites. Privacy rights may be implicated by personal or business information found in community databases. Fourth Amendment limitations on unreasonable search and seizure may arise when e-mail and other communications are intercepted by "webmasters". Technology also has tremendous impact on the nuts and bolts operations of schools and colleges. Complicated contracts involving telecommunications and software should be carefully reviewed. Cost savings through e-procurement and performance contracting should be considered. Schools and colleges may be eligible for e-rate savings under the Universal Service provisions of the Telecommunications Act of 1996. Interestingly, the School Code's and Public Community College Act's bidding regulations exempt telecommunications contracts and those relating to data processing equipment from competitive bidding requirements. Intellectual property rights also come into play under the Copyright Act of 1974. As instructors prepare on-line courses or use web based materials, ownership issues must be considered. "Safe harbors" exist for academic use of certain information, including multimedia. Also, governments should be aware of the severe economic penalties for airing programming without proper licences. The law in this area is quite complicated and, experts should be consulted.
5. What are some of the unique issues surrounding school and college business management, finance and operations?
ANSWER: Again, the School Code and the Public Community College Act set forth the parameters relative to school and college budgets and fiscal management. For school districts, typically 70 to 90% of operational funds are generated by local property taxes. State aid is available for districts and is distributed based on a formula depending on the school districts equalized assessed valuation. In addition, the state provides reimbursement for "categoricals" including transportation, special education services, free lunch and breakfast for children in poverty districts, bilingual education, and drivers education. For community colleges, approximately 50% of funds are generated through tuition, with 25% being generated through property taxes. Both statutes also delineate standards for purchasing goods and services through competitive bidding, although, both laws provide for similar exceptions. Because schools and colleges are capital intensive, construction of buildings is key. In addition to the School Code and Public Community College Act, laws including the Public Funds Investment Act, the Criminal Code provisions relating to Bidding, and the Public Construction Bond Act, also come into play. School districts engage certificated business officials to management finance and operations. Community colleges typically hire Vice Presidents of finance and operations to oversee these issues.
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