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Table of Contents
-
List of Forms by Chapter - Chapter 1 — Employee Rights and Responsibilities
- Chapter 2 — Formal Dismissal and Suspension Procedures Under Illinois Tenure Law
- I. [2.1] Introduction
-
II. [2.2] Three Categories of Teachers - [2.3] Tenured Teachers
- [2.4] What “Full-Time Teacher” Means
- [2.5] What “Consecutive School Terms” Means
- [2.6] Positions That Do Not Qualify for Tenure
- [2.7] Provision of Super Tenure for Teachers in Special Education Joint Educational Programs
- [2.8] Additional Factors Affecting Tenure
- [2.9] Nonteaching Personnel with Tenure Status
- [2.10] The Probationary Period: The Initial Years of Teaching
- III. [2.11] Dismissal of Full-Time Teachers
- The Decision To Seek Dismissal of a Full-Time Teacher
- Seeking Dismissal of a Tenured Teacher for Cause
- [2.12] The Statutory Process
- [2.13] Remediability of Tenured Teachers
- [2.14] Article 24A Dismissals
- [2.15] Seeking Dismissal of a Final-Year Probationary Teacher
- [2.16] Reasons To Seek Dismissal of a Final-Year Probationary Teacher
- [2.17] Recommendation to School Board and Decision
- [2.18] Remediability
- [2.19] The Decision Not To Renew the Contract
- Notice and Dismissal of Full-Time Teachers
- Service of Notice
- [2.20] Statutory Provisions
- [2.21] Illinois Court Decisions
- [2.22] Other Court Decisions
- Notice and Dismissal of Tenured Teachers
- [2.23] Notice To Remedy
- [2.24] Notice of Charges and Dismissal
- [2.25] Bill of Particulars
- [2.26] Notice and Dismissal of Final-Year Probationary Teachers
- [2.27] Notice of Nonrenewal of Non-Final-Year Probationary Teachers
- [2.28] Dismissal Hearings for Full-Time Teachers
- [2.29] Dismissal Hearings Involving Tenured Teachers
- Preparation for the Tenured Teacher Dismissal Hearing
- [2.30] Scheduling a Hearing
- [2.31] Selecting a Hearing Officer
- [2.32] Combined Resolution of Dismissal
- [2.33] The Tenured Teacher Dismissal Hearing
- [2.34] In General
- [2.35] Procedure Under the Illinois State Board of Education Rules
- [2.36] Practice and Procedure Before a Hearing Officer
- [2.37] Decision or Recommendation of Hearing Officer and School Board and Appeal
- [2.38] Reinstatement of Teacher and Damages
- [2.39] Role of Collective-Bargaining Agreements in the Dismissal of Tenured Teachers
- [2.40] Constitutional Grounds for Dismissal Hearings for Final-Year Probationary Teachers
- [2.41] Property Interests
- [2.42] Liberty Interests
- The Due-Process Hearing for Final-Year Probationary Teachers
- [2.43] Nature and Form of the Due-Process Hearing
- [2.44] The Hearing Tribunal
- [2.45] Role of Attorneys
- [2.46] School Board’s Role
- [2.47] Evidence and Decision
- [2.48] After the Hearing
- [2.49] Role of Collective-Bargaining Agreements in the Dismissal of Final-Year Probationary Teachers
- [2.50] Dismissal Hearings for Non-Final-Year Probationary Teachers
- [2.51] Dismissal During the School Term
- [2.52] State Law Considerations
- IV. [2.53] Honorable Dismissal of Teachers
- V. [2.61] Suspension and Transfer of Full-Time Teachers
- VI. [2.67] Appendix
- [2.68] Evaluation
- [2.69] Resolution Authorizing Notice To Remedy
- [2.70] Form of Notice To Remedy
- [2.71] Resolution Authorizing Notice of Charges and Dismissal
- [2.72] Notice of Charges and Dismissal When Remediable Causes Were Not Remedied
- [2.73] Notice of Charges and Dismissal When Causes Are Considered Irremediable
- [2.74] Resolution Under Article 24A Authorizing Notice of Charges and Dismissal
- [2.75] Form of Notice of Charges and Dismissal Under Article 24A
- [2.76] Bill of Particulars Under Article 24A
- [2.77] Form of Combined Resolution of Dismissal
- [2.78] Bill of Particulars
- [2.79] Resolution Authorizing Notice of Reasons and Dismissal
- [2.80] Notice of Reasons and Dismissal
- [2.81] Resolution Authorizing Notice of Nonrenewal
- [2.82] Notice of Decision Not To Reemploy
- Chapter 3 — Labor Relations: Overview and Certification of the Bargaining Unit
- Chapter 4 — Labor Relations: Negotiating a Contract
- Chapter 5 — Labor Relations: Contract Administration Including Unfair Labor Practices
- I. [5.1] Unfair Labor Practice Procedures
- [5.2] Filing of a Charge
- [5.3] Timeliness of the Charge
- [5.4] Response to a Charge
- [5.5] Exceptions to Dismissal of an Unfair Labor Practice Charge
- [5.6] Issuance of a Complaint
- [5.7] Filing an Answer to the Complaint
- [5.8] Timeliness of the Answer
- [5.9] Prehearing Memorandum
- [5.10] Rights of the Parties
- [5.11] Rights and Authority of the Hearing Officer
- [5.12] Recommended Decision
- [5.13] Exceptions to the Hearing Officer’s Decision
- [5.14] Consideration of New Evidence
- [5.15] Reconsideration of Decisions
- [5.16] Interlocutory Appeals and Appeals to the Appellate Court
- II. Employer Unfair Labor Practices
- [5.17] Protected Activity
- Independent Violations Under 115 ILCS 5/14(a)(1)
- [5.18] Standard of Proof
- [5.19] Promises of Benefits or Threats of Reprisals
- [5.20] Refusal To Provide Access to Employees or Employer Premises
- [5.21] Employer Domination or Support of Union
- [5.22] Discrimination Based on Union Membership or Concerted Protected Activity
- Duty To Bargain in Good Faith
- [5.23] Refusal To Bargain Mandatory Subjects
- [5.24] Bypassing Union Representatives/Direct Dealing
- [5.25] Failure To Ratify an Agreement
- [5.26] Failure To Comply with Dues Deduction Requirements
- Other Unfair Labor Practices
- [5.27] Refusal To Comply with a Binding Arbitration Award
- [5.28] Refusal To Process Grievances
- [5.29] Violation of Representation Election Rules and Regulations of the Illinois Educational Labor Relations Board
- [5.30] Refusal To Supply Required Employee Information or Other Information Requested by Union
- [5.31] Disclosure of Protected Employee Information
- [5.32] Deterring or Discouraging Specific Protected Activity and Allowing Third-Party Use of Communications Systems for Such Conduct
- [5.33] Discrimination Based on Other Protected Employee Activity
- [5.34] Expenditure of Public Funds To Influence Elections
- III. [5.35] Union Unfair Labor Practices
- Chapter 6 — Employment Discrimination
- I. [6.1] Overview of State and Federal Antidiscrimination Laws
- II. Filing Claims of Discrimination Before the Equal Employment Opportunity Commission and Under the Illinois Human Rights Act
- [6.2] Equal Employment Opportunity Commission Process and Procedure
- [6.3] Laws Enforced by the Equal Employment Opportunity Commission
- [6.4] Filing a Charge with the Equal Employment Opportunity Commission
- [6.5] Perfecting a Charge
- [6.6] Amending a Charge
- [6.7] Time for Filing a Charge
- [6.8] Continuing-Violation Theory
- [6.9] Statutory Defenses to Discrimination Claims
- [6.10] Bona Fide Occupational Qualifications
- [6.11] Bona Fide Seniority Systems
- [6.12] Mandatory Arbitration Agreements
- [6.13] Professionally Developed Ability Tests
- [6.14] Is the Defendant an “Employer”?
- Procedures Before the Equal Employment Opportunity Commission
- [6.15] Service of the Charge
- [6.16] Investigation
- [6.17] Determination and Conciliation
- [6.18] Right-To-Sue Letter
- Illinois Department of Human Rights and the Illinois Human Rights Commission
- [6.19] Enforcement of the Illinois Human Rights Act
- [6.20] Entities Subject to the Illinois Human Rights Act
- [6.21] Illinois Department of Human Rights Procedures
- [6.22] Illinois Human Rights Commission Procedures
- III. Race and National Origin Discrimination
- [6.23] In General
- [6.24] Examples of National Origin Discrimination
- [6.25] Proof of National Origin Discrimination
- [6.26] Hiring and Termination in Race and National Origin Claims of Discrimination
- [6.27] Terms and Conditions of Employment in Race and National Origin Claims of Discrimination
- [6.28] Pattern and Practice in Race and National Origin Claims of Discrimination
- [6.29] Disparate Impact in Race and National Origin Claims of Discrimination
- [6.30] Use of Arrests and Convictions in Employment Decisions
- [6.31] Retaliation
- [6.32] Reverse Discrimination
- IV. [6.33] Sex Discrimination
- [6.34] Hiring
- [6.35] Terms and Conditions of Employment
- [6.36] Sexual Harassment
- [6.37] Harassment by a Supervisor
- [6.38] Harassment by a Coworker
- [6.39] Sexual Harassment Prevention Training
- [6.40] Pregnancy
- [6.41] Break Time for Nursing Mothers
- [6.42] Marital and Civil Union Status
- [6.43] Sexual Orientation and Gender Identity
- [6.44] Title IX of the Education Amendments of 1972
- [6.45] Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964
- [6.46] Minimum Wage Law and Equal Pay Act of 2003
- [6.47] Statute of Limitations
- V. Religious Discrimination
- VI. [6.54] Age Discrimination
- [6.55] Hiring
- [6.56] Termination and Reduction in Force
- [6.57] Disparate Impact
- [6.58] Retaliation
- [6.59] Reverse Age Discrimination
- Terms and Conditions of Employment
- [6.60] Pension Plans
- [6.61] Harassment
- Procedures Under the Age Discrimination in Employment Act and the Illinois Human Rights Act
- [6.62] Charge Filing
- [6.63] Investigation
- [6.64] Litigation
- [6.65] Remedies
- [6.66] Hiring, Reinstatement, and Promotions
- [6.67] Compensatory Damages
- [6.68] Liquidated Damages
- [6.69] Attorneys’ Fees
- [6.70] Frontpay
- Defenses
- [6.71] Bona Fide Occupational Qualifications
- [6.72] Bona Fide Seniority Systems
- [6.73] Bona Fide Benefit Plans
- [6.74] Number of Employees
- [6.75] Executive Employee Exception
- [6.76] Waivers
- VII. [6.77] Americans with Disabilities Act
- [6.78] Entities Covered
- [6.79] Employment Coverage
- [6.80] Defining an Individual with a Disability
- [6.81] Major Life Activities
- [6.82] Having a Record of an Impairment
- [6.83] Being Regarded as Having an Impairment
- [6.84] Exclusions from Americans with Disabilities Act Protections
- [6.85] Qualified Individual with a Disability
- [6.86] Reasonable Accommodation Requirement
- [6.87] Medical Examination and Inquiries Under the Americans with Disabilities Act
- [6.88] Remedies
- VIII. Family and Medical Leave Act and Family Military Leave Act
- IX. Victims’ Economic Security and Safety Act
- X. [6.102] Genetic Information Discrimination
- XI. [6.110] Conclusion
- Chapter 7 — Student Rights and Responsibilities
- I. [7.1] Introduction
- II. Constitutional Rights
- Students’ First Amendment Rights
- [7.2] Free Speech and Expressive Conduct
- [7.3] Schools and Public Forum Concepts
- [7.4] Limits on Student Freedom of Expression Generally
- [7.5] Students’ Personal Electronic Communications Originating Outside School
- [7.6] Use of School Premises for Speech-Related Conduct
- [7.7] Demonstrations, Other Speech Not School-Sponsored
- [7.8] Distribution of Nonschool Literature
- [7.9] Student Clubs and the Equal Access Act
- [7.10] Students’ Free Exercise of Religion
- [7.11] Regulation of Student Publications
- [7.12] School-Sponsored Publications
- [7.13] Nonschool Publications
- [7.14] Prior Restraint Issues
- [7.15] Personal Appearance: Dress Codes, Uniform Policies, Etc.
- [7.16] Ask First: Is Expressive Activity Involved?
- [7.17] Student Dress That Disrupts
- [7.18] Student Dress at Odds with School’s Educational Mission
- [7.19] School Uniform Policies
- Fourth Amendment Protection Against Unreasonable Searches and Seizures
- School Administrative Searches and “Reasonableness” Standards
- [7.20] New Jersey v. T.L.O. and Two-Part Test in Individualized Suspicion Cases
- [7.21] “Reasonableness” of School Searches Not Based on Individualized Suspicion
- [7.22] Definition of “Search” for Fourth Amendment Purposes
- [7.23] Definition of “Seizure” for Fourth Amendment Purposes
- [7.24] Police Involvement and Potential Effect on Constitutional Standard
- [7.25] Pertinent Provisions of Illinois School Code and Related Practice Tips
- Particular Types of Searches
- Searches of Student’s Person
- [7.26] Drug tests
- [7.27] Urinalysis
- [7.28] Breathalyzers; saliva testing
- [7.29] Strip searches
- [7.30] Use of metal detectors
- [7.31] Use of dogs
- Searches of Particular Property
- [7.32] Lockers
- [7.33] Cars
- [7.34] Cell phones and other personal electronic devices
- [7.35] Consequences of Unlawful School Searches or Seizures
- [7.36] Students’ Rights to Equal Protection and Substantive Due Process Under the Fourteenth Amendment
- III. Title IX of the Education Amendments of 1972: Sexual Harassment of Students and Sex Equity in Student Athletics
- [7.37] Title IX Sexual Harassment and Sex Equity Issues
- [7.38] Private Right of Action, Remedy for Damages, Liability Standards
- [7.39] Office for Civil Rights Guidance
- [7.40] Employee-Student Sexual Harassment
- Illustrative Rulings for Sexual Harassment Plaintiffs
- [7.41] Sex-based hostile environment or quid pro quo harassment
- [7.42] Who is an “appropriate official” for notice purposes
- [7.43] Actual notice requirement met
- [7.44] Deliberate indifference demonstrated
- [7.45] Cases Denying Claims of Sexual Harassment
- [7.46] No sex-based hostile environment or quid pro quo harassment
- [7.47] No actual notice
- [7.48] No deliberate indifference
- Peer Sexual Harassment Court Decisions
- [7.49] Federal Courts of Appeals Cases
- [7.50] Lower Federal Court Cases
- [7.51] Sex Equity in Athletics
- [7.52] Federal Regulations
- [7.53] Office for Civil Rights Policy Interpretation and Three-Part Test
- [7.54] Office for Civil Rights “Clarifications”
- [7.55] Caselaw
- [7.56] Sex Equity and Booster Clubs
- [7.57] Sex Equity and Marital or Parental Status
- [7.58] Sex Equity and Single-Sex Classes
- IV. [7.59] Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990
- [7.60] Child Find Obligations
- [7.61] Standards for Free Appropriate Public Education
- Determining Students Eligible for §504
- [7.62] Section 504 Evaluation Components and Procedures
- [7.63] “Disability” Defined
- [7.64] Determining Whether a Student Has a Physical or Mental Impairment
- [7.65] Effects of Mitigating Measures Not Considered in Determining Whether an Individual Has a Disability
- [7.66] Substantially Limits
- [7.67] Expanded Non-Exhaustive List of “Major Life Activities”
- [7.68] Impairment in Remission or That Is Episodic
- [7.69] Office for Civil Rights Guidance on Impact of Changes to §504
- [7.70] Section 504 Accommodation Plans
- [7.71] Fundamental Alteration Not Required
- [7.72] Undue Burden
- Service Animals
- [7.73] Federal Law Provisions
- [7.74] State Law Provisions
- Equal Access to Athletics and Nonacademic Services
- [7.75] Federal Regulations
- [7.76] Office for Civil Rights Guidance
- [7.77] Reasonable Modifications
- [7.78] Creating Separate Programs
- [7.79] Disciplining §504 Students
- [7.80] Failure-To-Accommodate, Discrimination, and Retaliation Claims
- [7.81] Failure-To-Accommodate Claims
- [7.82] Discrimination Claims
- [7.83] Retaliation Claims
- [7.84] Procedural Safeguards
- V. Student Records and Privacy Rights
- [7.85] In General
- The Family Educational Rights and Privacy Act of 1974
- [7.86] Overview and Related Law
- [7.87] Basic Rights Protected; No Private Remedy
- [7.88] Scope and Interface with Public Records Statutes
- Entities, Records, and Persons Covered
- [7.89] Agencies or Institutions
- [7.90] Education Records
- [7.91] E-mails
- [7.92] Videos
- [7.93] Excluded Records
- [7.94] Parents and Students
- [7.95] Annual Notice of Rights
- Inspecting and Reviewing Education Records
- [7.96] Scope of Right To Inspect and Review
- [7.97] Waivers of Right To Inspect and Review
- Amendments of and Challenges to Education Records
- [7.98] Request To Amend
- [7.99] Hearing Upon Denial of Request To Amend
- [7.100] Statement Placed in Records
- Right To Prevent Disclosure of Education Records, Generally
- [7.101] Background
- [7.102] Disclosure of Directory Information
- [7.103] General Rule: Consent Required To Disclose Non-Directory Information
- [7.104] Exceptions to Prior Consent Based on “Educational Interest”
- [7.105] Health/Safety, Juvenile Justice, and Certain Law Enforcement Exceptions
- [7.106] Education Records of Students in Foster Care
- [7.107] “Audit or Evaluation” and “Studies” Exceptions
- [7.108] Subpoenas and Court Orders in Civil Proceedings
- [7.109] Limitations on Redisclosure
- [7.110] Record of Disclosures
- [7.111] Right To Complain to the U.S. Department of Education
- The Illinois School Student Records Act
- [7.112] Background
- [7.113] Key Differences Between the Family Educational Rights and Privacy Act and the Illinois School Student Records Act
- Scope of the Illinois School Student Records Act
- [7.114] Schools Governed by the Illinois School Student Records Act
- [7.115] Records
- [7.116] Parents and Students
- [7.117] Permanent and Temporary Records
- [7.118] Right To Be Informed: Written School Policy Required
- [7.119] Notification of Rights; “Opt Out” of Release of Directory Information
- [7.120] Right To Inspect, Copy, and Review Records
- Right To Challenge School Student Records
- [7.121] Hearing Rights and Procedures
- [7.122] Appeal to Circuit Court
- [7.123] Filing of Position Statement
- VI. Other Provisions Concerning Students
- Student Attendance
- Age Requirements
- [7.124] Compulsory Attendance
- Non-Compulsory Attendance
- [7.125] Regular students
- [7.126] Adult education
- [7.127] Before- and after-school programs
- Exemptions from Compulsory Public School Attendance
- General Exemptions
- [7.128] Private schools
- [7.129] Children physically or mentally unable to attend school
- [7.130] Homeschooling
- [7.131] Limited Exemptions
- Prerequisites for Attendance
- [7.132] Identification Documentation for New Students
- Residency in District
- [7.133] Establishing residency
- [7.134] Exceptions to residency requirements for homeless and other students
- [7.135] Validity of residency
- [7.136] Hearing procedures for residency disputes
- [7.137] Tuition for nonresidents
- [7.138] Part-Time Attendance
- [7.139] Nondiscrimination
- [7.140] Fee Waivers
- [7.141] Immunizations and Physical Examinations
- Additional Limitations on Enrollment and Reenrollment
- [7.142] Suspension or Expulsion
- [7.143] Academic and Attendance Standards for Older Students
- [7.144] Denial of Reenrollment to Certain Older Students
- Responses to Absenteeism
- [7.145] Parental Notification Calls
- [7.146] Reporting of Truancy
- [7.147] Other School District Responses to Truancy
- Program Requirements
- [7.148] Required Curriculum in General
- [7.149] Physical Education
- [7.150] Driver Education
- [7.151] Bullying Policy Requirement
- [7.152] Optional Courses
- [7.153] Recitation of the Pledge of Allegiance; Moment of Silence
- [7.154] Dissection Alternative
- [7.155] Graduation, Promotion, and Grading
- Student Transportation
- Students in District Schools
- [7.156] Free Transportation
- [7.157] Charges for Transportation
- [7.158] Special Transportation Provisions for District Students
- Transportation of Students Not Enrolled in District Schools
- [7.159] Other Public School Students
- [7.160] Nonpublic School Students
- Reimbursements for Transportation
- [7.161] From State of Illinois to School District
- [7.162] From State of Illinois to Parents or Custodians
- [7.163] Specific Mode of Transportation for Specified Interscholastic or School-Sponsored Activities
- Miscellaneous Student Provisions
- [7.164] Reporting of Child Abuse and Neglect
- Student Biometric Information
- [7.165] Biometric Information in General
- [7.166] Board of Education Policy Requirements
- [7.167] Refusal To Provide Consent
- [7.168] Student Record Implications
- [7.169] Destruction of Biometric Information
- Chapter 8 — Student Discipline and Hazing
- I. [8.1] Introduction
- II. Power of School Boards To Discipline Students
- III. [8.5] Suspension and Expulsion Procedures
- [8.6] Suspension Procedures
- [8.7] Expulsion Procedures
- [8.8] Substantive Due Process
- [8.9] Procedural Due Process
- [8.10] Notice of Hearing
- [8.11] Orderly Hearing Before an Impartial Tribunal
- [8.12] Cross-Examination of Evidence
- [8.13] Miranda Warnings for School Students by School Officials
- [8.14] Criminal Proceedings — Assertion of Fifth Amendment “Right to Remain Silent”
- IV. Bullying, Hazing, Teasing, and Harassment
- V. [8.20] Off-Campus and Extracurricular Activities
- VI. Other Forms of Student Discipline
- VII. [8.33] Article 13A Safe Schools Law
- VIII. [8.40] Special Education Discipline Procedures
- Chapter 9 — Special Education
- Chapter 10 — The Every Student Succeeds Act
Authors
School Law: Personnel and Student Issues 2021 Edition (COMING SOON)
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