WCT E-Newsletter (October - December 2010)Document Transcript
QUARTERLY E-NEWSLETTER October – December 2010 LEGAL UPDATESDecember 2010 The Illinois Appellate Court, in K.D. by Nichelle D. and Bradley D. v. Villa Grove Community Unit School District No. 302 Bd. of Educ., upheld a lower courts decision that allowed a 6- year-old boy with Autism to bring a service dog into the school, despite the school districts argument that the dog failed to "provide educational benefit." The Illinois General Assembly considered a number of controversial education reform measures, including the ISBEs ability to revoke a teacher or principals certificate if they received three unsatisfactory performance evaluations during a 10-year period, requiring a "standard survey" of teachers and students in order to assess the learning conditions of individual schools, and allowing for teachers to be dismissed (RIF) or recalled based on performance, not seniority. Newly proposed Illinois regulations would require students attempting to earn a Professional Counselor or Clinical Professional Counselor license to hold a masters or doctoral degree in the field of counseling, rehabilitation counseling, psychology or a similar degree.November 2010 New Illinois regulations go into effect which impact homebound services for students in Illinois. See highlighted client alert for more details. New Illinois special education regulations go into effect which adopt a "Code of Ethics for Illinois Educators" (23 Ill. Admin. Code 22). The code specifies five core principles that educators must meet when addressing the educational needs of each student. These ethics apply to teachers of all public schools, as well as charter schools and institutions of higher education.October 2010 The Seventh Circuit Court of Appeals recently upheld the mandatory "Brief Period of Silence" statute created in 2007. The appellate court indicated that it did not find the statute unconstitutional because it did not "advance or inhibit religion," and because the legislature intended for the brief period of silence to merely "calm school children before the start of their day." The 7th Circuits decision can be found at http://legalclips.nsba.org/?p=2640.
18 school districts within Illinois will be sharing $270 million in state capital funding for construction and renovation projects as part of Gov. Quinns Illinois Jobs Now! program. The funding will help pay for additions and/or renovations to existing schools (including those damaged by natural disasters), as well as the construction of new buildings. To see whether your district will be receiving any of this money, go to the Illinois Government News Network. A federal court judge put on hold a previous order for Chicago Public Schools to retroactively change its teacher layoff process with the Chicago Teachers Union. The ruling comes as the latest in an ongoing battle between the district and the teachers union, which alleges that when CPS laid off hundreds of teachers over the summer due to budgetary constraints, district administrators did not abide by seniority and instead relied on other factors, such as unsatisfactory evaluation ratings and overstaffing projections, to make its decision. The court had previously ordered for CPS to reinstate the terminated teachers and provide back pay, however since CPS is appealing the ruling, a judge agreed to stay the order until the appeal is decided. UPCOMING PRESENTATIONS Date Title/Topic Organization 2/5/11 Legal Issues Facing Educators of Illinois Council for Children with Students with Emotional/Behavioral Behavioral Disorders Disorders 2/10/11 Illinois Special Education Law NBI 2/23/11 Illinois Juvenile Law Forensic Forum This e-newsletter is provided as a courtesy only. For the most up to date and additional information, please visit Whitted Cleary & Takiff’s website at www.wct-law.com. Please also note that the information you obtain from this e-newsletter and our website is not, nor is it intended to be, legal advice. You should consult an attorney foradvice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.