Education Law Insights

On Friday, April 19, the Department of Education released new Title IX regulations, which will be effective August 1, 2024. As expected, the new regulations mark a significant departure from the 2020 Title IX regulations with respect to how institutions are required to respond to complaints of sex-based discrimination. Please join our Title IX team for a discussion providing you with a high-level overview of the new Title IX regulations, key changes, and a discussion of action items your institution can take in preparation for their implementation on August 1, 2024.

Join Franczek Attorneys Jenny Lee and Mike Warner for a focused discussion delving into the implications of the Supreme Court decision Students for Fair Admissions v. Harvard College. We will analyze the ruling's impact on affirmative action policies in higher education and discuss its broader ramifications for diversity and inclusion efforts in the workplace.

Join Franczek attorneys Amy Dickerson and James Petrungaro for a focused 30-minute discussion on preparing for spring teacher staffing issues. This discussion will cover tried and true best practices as well as new legislation affecting probationary teacher non-renewals, reductions in force and teacher tenure. 

Join Kaitlin Atlas, Nicki Bazer, and Assistant Superintendent for Curriculum and Instruction at New Trier School District 203 Peter Tragos for a legal and practical discussion on the shifting cultural times we're living through regarding books bans, curriculum objections, and much more.

Join Franczek attorneys Adam Dauksas, James Petrungaro, and Emily Tulloch for a focused discussion on the implications of the new employment history review process under Faith's Law. 

Join Franczek attorneys Kaitlin Atlas and Jared Costanzo for a discussion on recent amendments to the Part 226 special education regulations.

This episode, Franczek attorneys Kaitlin Atlas and Amy Dickerson discuss top issues that Complaint Managers and Non-Discrimination Coordinators should be aware of in 2023, including recent and anticipated updates from the Department of Education's Office for Civil Rights on Title IX, Section 504, and Title VI, and best practices for responding to reports of harassment or discrimination.

Join us for another focused thirty-minute discussion on top issues administrators need to know on key legal topics for schools. In this episode, Franczek attorney Kaitlin Atlas will focus on IEP Best Practices and Ways to Avoid Due Process. We address the recent increase in due process requests state wide and provide best practice tips to keep your school district out of due process. Time will be reserved for audience questions.

In this episode, Franczek attorneys Melissa Sobota and Caroline Kane focus on Collective Bargaining issues that school districts face, and how to navigate them. We cover best practices for labor relations as well as how to prepare for and handle the unique challenges Districts face in collective bargaining due to the current state of the economy as well as issues of worker burnout.

Join Franczek attorneys Ares Dalianis, Michael Hernandez, and Scott Metcalf for a discussion on several important developments in property taxes and the impact on Illinois school districts. In this episode, they will cover recent legislative changes directly effecting school district business operations, the latest on property tax incentives and what you need to know about them, when to expect the second installment of Cook County property taxes, the latest goings on at the Property Tax Appeal Board and in the Circuit Court with valuation objections, and assessment trends in Cook and the suburban counties. 

In this episode, we offer another focused thirty-minute discussion on top issues administrators need to know on key legal topics for schools. With the school year beginning and student registration under way, this discussion will focus on key issues surrounding student residency and homeless students. Join Franczek attorneys Kaitlin Atlas, Jared Costanzo, and Koga Ndikum-Moffor for a discussion of both the legal requirements and practical tips regarding student residency and homelessness.

Join Franczek Partners Dana Fattore Crumley and Amy Dickerson for a podcast addressing frequently asked questions regarding school threat assessment procedures. All Illinois school districts are required to have a threat assessment procedure in place, and prior to the start of each school year must now file a copy of that procedure with a local law enforcement agency and the regional office of education (or the State Board of Education as applicable for Chicago Public Schools), along with a list identifying the members of the school district's threat assessment team. Charter schools are also now expressly required to follow the threat assessment procedures implemented by its authorizing school district or implement its own threat assessment procedure that complies with the requirements of the School Safety Drill Act. During the webinar, we review the requirements and best practices for developing and implementing a threat assessment procedure, including the requirements for school districts under the Illinois School Safety Drill Act for such procedures.

Join Franczek's Title IX Team as we review the major changes contained in the proposed Title IX rules issued by the Department of Education. We provide a summary of the changes, answer key questions top of mind for school administrators, and identify the key issues for what these mean for your educational institutions.

Join us for a COVID update where we discuss current IDPH and ISBE guidance, executive orders and more, and what it all means for your school communities. With the 2022-2023 school year right around the corner, Franczek attorneys Shelli Anderson, Nicki Bazer, Amy Kosanovich Dickerson, and Jennifer Smith will review the legal landscape on COVID that schools will have to navigate and address critical questions top of mind for school administrators. Among other topics, we will discuss the updated testing guidance recently issued by ISBE and IDPH and Governor Pritzker's recent Executive Order extending the testing requirement for unvaccinated staff. With the order extended only until July 24 and additional questions looming, we expect additional clarity and further guidance in the weeks to come, and will discuss all of this and more.

In this episode, we offer another focused thirty-minute discussion on the top financial and operational issues administrators and board members need to know.  As school districts enter the summer construction season and begin preparing budgets for the next school year, Franczek attorneys Scott Metcalf and Ares Dalianis will discuss the latest developments impacting tax collection, budgeting, and contracting.

Join us as we offer another focused thirty-minute webinar identifying the top three issues administrators need to know on key legal topics for schools. This month, as the school year winds down and districts look ahead to next year, Franczek attorneys Jennifer Smith and Amy Dickerson will review the most critical staff trainings districts should provide, procedures to have in place, and discussions to have with your administration and boards to best prepare for a smooth, successful school year.

Join us for a discussion of student restraint. In this episode, Franczek attorneys Jennifer Smith and Emily Tulloch will help your team identify when the new RTO requirements are triggered and when they are not.

In this episode, join us for a discussion of curriculum objections. Franczek attorneys Dana Fattore Crumley, Nicki Bazer, and Amy Dickerson will identify the top three considerations when establishing your schools' procedures for reviewing curriculum objections and best practices for processing such objections.

In this episode, Education Law Insights Podcast host Kendra Yoch is joined Franczek Partner Scott Metcalf to discuss important business-related issues that school leadership face such as construction contracts, property tax issues, and education foundations.

In this episode, Franczek partners Kendra Yoch and Jennifer Smith discuss Title IX Investigations involving LGBTQ+ parties and understanding Title IX regulations as they pertain to the LGBTQ+ community. 

Join our regular COVID-19 panel of Franczek attorneys, including Nicki Bazer, Jennifer Smith, and Kendra Yoch as we discuss the latest information that schools need to know surrounding the Executive Order and updated ISBE and IDPH guidance. We discuss the new shortened timeframes for exclusion as well as updates on face coverings, test-to-stay, and temporary school closures, among other key topics. As always, send us any COVID-related questions or topics you'd like us to discuss.

Inequitable funding impacts educational programming and student outcomes. Illinois has historically had one of the most inequitable distribution of education dollars in the country. In this episode, we explore how the Evidence Based Funding formula works and the impact since the legislation passed in 2017. We are happy to welcome Robin Steans and Melissa Figueira of Advance Illinois to help us understand the nuts and bolts of the funding formula. We are also excited to welcome Dr. Chuck Lane, Superintendent of Centralia High School District, and Dr. Kimako Patterson, Superintendent of Prairie-Hills School District 144, to discuss the impact that the new formula has had on their districts and their efforts to advance equity. Finally, we preview proposed changes to school funding that are on the horizon. Franczek partners Amy Dickerson and Kendra Yoch will serve as moderators.

This episode dives into ways that schools can support students in exploring and securing post-secondary options and in taking steps to reach their college and career goals in ways that are inclusive and equity-driven. We are excited to welcome Aide Acosta, Chief College Officer at Noble Network of Charter Schools, and Candace Kyles, Senior Director of College Graduation Office at University of Chicago Charter School. Kendra Yoch and Amy Dickerson serve as moderators as we discuss schools' strategies for preparing students for success after high school and supporting students in building foundations and connections to expand opportunities. Our panelists also talk about the support they provide to alumni to increase student perseverance through college and to family-sustaining employment. Please send your questions our way and join us for an engaging discussion.

This episode will feature school districts with district- and school-level diversity and equity leadership teams, led by teachers and administrators throughout the district community. We are excited to welcome Mr. Tony Medina, Principal at Palatine High School in Township High School District 211; Dr. Rob Lang, Assistant Superintendent for Staff Services at Community High School District 99; Dr. Shawn Messmer, Assistant Superintendent for Curriculum and Innovation at Maine Township High School District 207, and Franczek Partner Michael Hernandez. Kendra Yoch and Amy Dickerson serve as moderators as we discuss the models utilized at each of our speakers' districts; strategies for engaging a variety of stakeholders; maintaining strong leadership, momentum, and continuity; and legal considerations for decentralized models. We also take a closer look at the equity goals contained in ISBE's 2020-2023 strategic plan, including the plan for incorporating an Equity Journey Continuum tool into each district's public report card by the 2022 reporting year. 

In this episode, Kendra Yoch and Amy Dickerson, along with Franczek attorney Emily Tulloch discuss some of the highlights of new legislation that have impacted the School Law landscape. The full summary of changes in School Law can be found and downloaded on our website at www.franczek.com.

Our regular COVID-19 webinar panel of Franczek attorneys, including Nicki Bazer, Amy Dickerson, Dana Fattore Crumley, and Kendra Yoch continue discussing updates on the latest information that schools need to know surrounding recent ISBE and IDPH guidance issued 9/21/21. In this episode, we discuss the recent executive orders, emergency regulations, vaccines, close contacts, school exclusions, and more. 

This episode of the Education Insights Law Podcast focuses on setting Equity priorities and plans for the new school year. We are excited to welcome Dr. Valerie McCall, Director of Educational Equity at West Aurora School District 129, and Nate Rouse, Director of Equity, Race, and Cultural Diversity Initiatives at Barrington School District 220. Kendra Yoch and Amy Dickerson serve as moderators as we discuss the process of setting priorities, engaging stakeholders, and building equity into the fabric of the district. Our guests talk about the role of equity audits; developing the capacity and participation of students, staff, and community; and overcoming barriers that impede progress toward established goals. 

This episode will focus on engaging and reengaging students and families following the disruptions over the last year and a half. We are excited to welcome Dr. Zakieh Mohammed, Senior Manager for Attendance and Truancy, Office of Student Support and Engagement; Adrian Segura, Interim Chief Officer for Family and Community Engagement; and Claire Bohmann, Manager for Students in Temporary Living Situations, all of the Chicago Public Schools. The work of engaging students and families in the school community is always critical. And after more than a year of remote and hybrid learning through a pandemic that brought disruptions to all aspects of life, reconnecting with and supporting students is more important than ever. Chicago Public Schools is undertaking enormous projects to reach thousands of families to get students back into school and connected with needed supports. Kendra Yoch and Amy Dickerson serve as moderators as we discuss strategies and legal considerations related to re-engaging students, especially those who have been truant and those who are experiencing homelessness.

Join our regular COVID-19 panel of Franczek attorneys, including Shelli Anderson, Nicki Bazer, Amy Dickerson, Jennifer Smith, and Kendra Yoch as we continue discussing updates on the latest information that schools need to know for reopening safely in Fall 2021. In this episode, we discuss the latest CDC, IDPH, and local health department guidance on masking, special education legal updates, remote learning, quarantining, and more. 

Lawsuit threats, raucous board meetings, and unwelcome media scrutiny—schools, colleges, and universities across the country are in the crosshairs regarding the ever-changing legal landscape for student and employee rights with respect to LGBTQ+ individuals. Join Franczek P.C. Higher Education Group Co-Chair Jennifer Smith and Franczek partners Nicki Bazer and Kendra Yoch for a fast-paced discussion regarding your many questions on this important topic. Issues addressed will include current legal protections for LGBTQ+ individuals in the workplace and the classroom, school authority to limit speech that straddles the line between free speech and LGBTQ+ harassment, and LGBTQ+ participation in athletics. 

Our regular COVID-19 webinar panel of Franczek attorneys, including Shelli Anderson, Nicki Bazer, Dana Fattore Crumley, Jennifer Smith, and Kendra Yoch will be back July 14 to provide an update on the latest information that schools need to know for reopening safely in Fall 2021. We know districts are working hard to prepare for the upcoming school year and digest the new guidance from the CDC, IDPH, and ISBE. In this episode, we'll discuss the latest guidance and what it means for districts related to masking, physical distancing, quarantining, remote learning, the impact of student and staff vaccination status, and more. 

This month our Educational Equity webinar will focus on student discipline, specifically racial disparities and disproportionality in exclusionary discipline, relationships with SROs, and improving school climate. We are thrilled to have Dr. Jerry Anderson, Principal at Bloom High School in Bloom Township High School District 206, and Dr. Ellen Swanson, Assistant Superintendent for Student Services in Des Plaines School District 62, join us for this webinar. Kendra Yoch and Amy Dickerson will serve as moderators and Emily Tulloch will highlight legal considerations. Recent data from the U.S. Department of Education's Office for Civil Rights (“OCR”) reveals continued disproportionality in school discipline responses, particularly when comparing Black and White students and in relation to students with disabilities. In this session, we will discuss steps school districts can take to comply with legal requirements, avoid liability, and combat disproportionality, including through the use of restorative disciplinary practices, staff training, and culturally responsive instruction.

What training must your school, college, or university complete under Title IX for 2021-2022? What training should it offer, even if not required. Join us for a discussion to begin your planning for Title IX training for the coming school year.

Truly committing to DEI requires much more than a simple revision to an organization's mission statement, training, or public statements of support made by top executives. These actions, although needed first steps, should be accompanied by a plan for launching and measuring specific DEI initiatives. Achieving DEI commitments ultimately require measurable, achievable, and legally compliant goals. While this isn't directly related to Education Law, this important topic impacts all aspects of our society. Please join Franczek attorney Michael A. Warner, and Labor Economist Candice Rosevear of Global Economics Group for an in-depth discussion on how to legally and effectively measure workforce diversity and establish quantifiable goals to increase workforce diversity, equity, and inclusion.  Our presentation will include the following topics: The legal framework surrounding voluntary affirmative action initiatives and DEI goal setting. The social, legal, and business risk of not engaging (or improperly engaging) in DEI goal setting.   How to measure existing workforce diversity and pay equity and collect useful DEI metrics. The methodologies used to quantify and establish achievable DEI goals. How to implement DEI goals legally and effectively.

This month our Educational Equity webinar will discuss special education, specifically disproportionality related to the identification of students with disabilities, placement of students in restrictive settings, and exclusionary discipline of students with disabilities. We are pleased to have with us Cheryl Caesar, Assistant Director of Diverse Learners at Waukegan Community Unit School District 60; Jeremy Duffy, Senior Legal Compliance Officer also at Waukegan School District; and Dr. Jennifer Sterpin, Director of Special Education for Lake Forest High School District 115. Kendra Yoch and Amy Dickerson will serve as moderators. Special education has a relatively unique legal requirement obligating school districts to review data related to student race and ethnicity and take steps to address significant disproportionalities. In this session, we will look at steps districts can take to prevent and minimize disproportionality, including strengthening MTSS, staff training, inclusive placement practices, and restorative disciplinary practices.

We are delighted to bring you Dr. Christopher Berry for a discussion on the single most important revenue source for Illinois school districts. His research on property taxes was recently highlighted in the New York Times and the Chicago Tribune. In this episode, Dr. Berry and Franczek partner Ares Dalianis examine the effect of the assessment appeals process on the overall fairness of property tax systems.  Dr. Berry is the William J. and Alicia Townsend Friedman Professor at the University of Chicago. He is also the director of the University's Center for Municipal Finance.  You can view the interactive reports and related research of the Property Tax Fairness project here.

In this episode, we discuss what a school must, can, and should do when faced with a report of off-campus sexual assault between community members. We all know that Title IX no longer covers much off-campus conduct, but does that mean schools must, can, and should do nothing in response to a report? We know you won't be surprised that the answer is no. But understanding the process of how to handle such reports and the potential legal risks can be a challenge. Join us for clarification and to get your questions answered.

In this interactive Q & A episode, Franczek partners Nicki Bazer and Jackie Wernz answer all of your pressing SOPPA questions.  As the compliance deadline of July 1 draws near, districts are discovering that there are a lot of gray areas in this new amendment.  In this podcast, we navigate you through these tough spots. 

Our regular panel of Franczek attorneys, including Jackie Wernz, Shelli Anderson, Jennifer Smith, and Nicki Bazer, is back to discuss end-of-the-year items related to COVID and provide a look forward to the start of the 2021-2022 school year.  The panel will discuss the status of testing, vaccines, remote learning, and more and will answer all of your COVID-related questions.

During this episode, Amy Dickerson, Jackie Wernz, and Kendra Yoch discuss Mahanoy Area School District v. B.L., recently argued in the US Supreme Court. While the case deals with the First Amendment, not Title IX, it may have implications for how schools deal with off-campus online speech that may be sexual harassment. 

In this special episode, Education Law Insights host Kendra Yoch was joined by Jackie Wernz, editor of Franczek's Title IX Insights Blog to discuss the important issue of off-campus student speech.

Following up on our April 22, 2021 discussion with Kenneth Rosen, author of Troubled – The Failed Promise of America’s Behavioral Treatment Programs, we talk with parents’ attorney Micki Moran, and clinical psychologist, Dr. Ruth Kraus, about their perspectives on residential placements for students as well as alternative options to support students with significant social-emotional, behavioral, and mental health concerns. How can schools and families intervene sooner? When, if ever, is residential treatment warranted or helpful? What community-based supports are most effective?

In this episode, join us for a 90-minute facilitated conversation with acclaimed journalist Kenneth R. Rosen, author of Troubled-The Failed Promise of America’s Behavioral Treatment Programs. Rosen’s book tells the stories of four graduates on their own scarred journeys through wilderness and residential treatment programs into adulthood. Based on his own life experiences, three years of reporting, and more than one hundred interviews with other clients, their parents, psychologists, and healthcare professionals, the book takes an in-depth look at the industry of redirecting troubled teens. Rosen’s investigation is an important perspective for educators who are called on to make decisions regarding placement of public school students in the care of facilities in this industry.

What is included in your curriculum? What is left out? Who is telling the story? This episode will focus on curriculum. The content and instructional methods used in classrooms play a critical role in creating an educational environment that welcomes students with different identities and experiences, provides students with historical context for current events, develops critical thinking and collaboration skills, and prepares students to thrive in a multicultural society. The way students are grouped and tracked for learning also has significant implications related to expectations, perceptions, and ultimately achievement. We focus on both the substance of the curriculum and removing barriers to students’ access to higher-level academic coursework. Moderators Amy Dickerson and Kendra Yoch are pleased to be joined by partner Dana Fattore Crumley, as well as Dr. Michael Lubelfeld, Superintendent at North Shore School District 112, and Dr. Nick Polyak, Superintendent at Leyden High School District 212.

Jackie Gharapour Wernz of Title IX Insights was a guest on this episode of the Education Law Insights podcast hosted by Kendra Yoch. Jackie and Kendra discussed the Department of Education's announcement about revamping the Title IX rules that went into effect last year and the Department of Justice's recent pronouncement of the applicability of Title IX to LGBTQ+ students.

As the country gears up for the March Madness NCAA basketball tournament, please join a panel of Franczek attorneys to discuss one of the most interesting legal topics facing the future of higher education: the compensation of student-athletes. For decades, this topic has been debated in the public court of opinion ranging from students, college and universities, state and federal governments, and the courts. Should student-athletes be compensated based on the revenue they generate for their institutions?  And if so how? In this episode, we discuss recent litigation, proposed legislation, and NCAA and conference regulation that may impact the future of “amateurism” in college sports and the practical implications for colleges and universities because of these potential changes to the student-athlete model.

In the past 10 days, we have seen major new guidance for schools from the Illinois State Board of Education and the Illinois Department of Public Health, guidance from the Illinois Department of Labor on time-off and flexibility for vaccinations, and more. Join your trusted Franczek COVID team for a fast-paced, lively discussion of all the most important news on COVID-19 that school leaders need to know now. Franczek attorneys Shelli Anderson, Nicki Bazer, and Dana Fattore Crumley join moderator Jackie Gharapour Wernz for our weekly update.

Diversity and inclusion goals established within your school district for recruitment, hiring, and retention are keys to improving district diversity and support for all students. In this episode, we discuss the benefits of diversity in the workplace and its impact on student achievement, reducing bias in recruiting and hiring, supporting diverse employees in the workplace, and best practices for navigating the legal issues surrounding these initiatives.  We hear from guest speakers Toya Campbell, Chief Human Resource Officer at Evanston Township High School District 202, and Ken Kleber, Assistant Superintendent of Human Resources and Organizational Effectiveness at Champaign Unit School District 4, on their districts’ efforts and experiences in these areas. ISBE Executive Director of Teaching and Learning Dr. Jennifer Kirmes also joins us to discuss Illinois’ new Culturally Responsive Teaching and Leading Standards and how those standards will support district’s equity and inclusion efforts.

Join Title IX leader Jackie Gharapour Wernz as she discusses the most pressing issues facing us at this time. This episode addresses Title IX training now that you have (hopefully!) met the training requirements from the new rules. What additional training is required for your team in 2021? What training should you consider providing even if not required?   

Our Franczek COVID school law panelists Shelli Anderson, Nicki Bazer, and Jennifer Smith are joined this week by Gower School District 62 Superintendent Dr. Victor Simon and moderator Jackie Gharapour Wernz to provide a COVID update. In this episode, we discuss how Dr. Simon’s district has navigated a fully in-person learning model this school year, including an on-site diagnostic testing program. We also discuss the impacts of new CDC and Department of Education Guidance and address your questions on all things COVID-19!