Education Law News

The Department of Revenue Published Invest in Kids Act Guidance

For months, Whitt Law attorneys at the Springfield and Aurora offices have handled questions from school district administrators regarding school funding legislation as it was proposed, withdrawn, or amended (numerous times) in the Illinois General Assembly, including after it was initially vetoed by the Governor. Later, we closely monitored the developments following the amendatory veto, [...]

By | November 6th, 2017|Education Law News|

Redactions in FOIA Response Render It a Partial Denial

As mentioned in a prior blog post, the Illinois Attorney General issued two opinions of particular significance to our clients this summer. The first opinion, regarding the litigation exception to the open meetings requirement was discussed here. The second, which reiterates that redacting records provided in response to a Freedom of Information Act (“FOIA”) request [...]

By | September 11th, 2017|Education Law News|

New Law Prohibits Expulsion of Preschool Children from Educational or Child Care Programs

On August 14, 2017, Governor Rauner signed Public Act 100-0105 (the “Act”) into law. Effective January 1, 2018, the Act prohibits early childhood programs receiving State funds and licensed day care centers, day care homes, and group day care homes from expelling preschool children by amending the School Code and the Child Care Act of [...]

By | August 22nd, 2017|Education Law News|

“Probable Litigation” Exception to the Open Meetings Act Discussed in Binding Opinion

This summer the Attorney General issued a number of binding and advisory opinions regarding the Open Meetings Act (5 ILCS 120/1 et seq.; “the OMA”) and the Freedom of Information Act (5 ILCS 140/1 et seq.; “FOIA”). Two Attorney General opinions of particular significance to our clients will be discussed in separate blog posts. In [...]

By | August 14th, 2017|Education Law News, Litigation Law News|

Access to Closed Session Minutes and Recordings for Public Officials

The Open Meetings Act is designed to ensure that the deliberations and actions of public bodies are conducted openly. The Open Meetings Act has provisions regarding the time, place, and notice of meetings and meeting agendas; the topics that may be discussed in closed session; minutes and recordings of meetings; and an opportunity for any [...]

By | July 26th, 2017|Education Law News|

Seventh Circuit Affirms Preliminary Injunction in Favor of Transgender Student

In the summer and fall of 2016, Ashton Whitaker (a transgender male student), sought and obtained a preliminary injunction enjoining the school district he attended from: 1) denying him access to the boys’ restroom; 2) enforcing any written or unwritten policy against him that would prevent him from using the boys’ restroom while on school [...]

By | June 13th, 2017|Education Law News|

KCBA Recognizes Stuart Whitt for 40 Years in the Practice of Law

Yesterday evening, the attorneys at Whitt Law attended the Kane County Bar Association’s Annual Membership Dinner where Whitt Law Partner Stuart L. Whitt was recognized for his 40 years in the practice of law. Congratulations to Stuart on a remarkable 40 years! Your dedication to the profession, your clients, and your community have inspired many [...]

Illinois Supreme Court Publishes FOIA Opinion – Better Gov’t Ass’n v. IHSA

The Freedom of Information Act (“FOIA”) requires public bodies, including their “subsidiary bodies,” to make public records available for inspection or copying. The Illinois Supreme Court recently reiterated that there are four factors to be considered on a case-by-case basis to determine whether a private entity is deemed a “subsidiary body” subject to the requirements [...]

By | June 1st, 2017|Education Law News|

Record in Possession of Third Party Performing Governmental Function Subject to FOIA

In an opinion issued May 9, 2017, the Second District Appellate Court held that the Freedom of Information Act (“FOIA”) applied to a federal grand jury subpoena in the possession of the College of DuPage Foundation, a 501(c)(3) entity that the court determined was performing a governmental function on behalf of the College of DuPage. [...]

By | May 22nd, 2017|Education Law News|

U.S. Supreme Court Clarifies FAPE Standard

On March 22, 2017, the United States Supreme Court issued a highly anticipated opinion in Endrew F. v. Douglas County School District RE-1. In Endrew F., the Court describes, explains, and expands upon the Individuals with Disabilities Education Act (“IDEA” or the “Act”) and case law interpreting the IDEA. Pursuant to the IDEA, States can [...]

By | April 5th, 2017|Education Law News|