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August 2008  HB 4252 was signed into law, requiring school district superintendents to disclose information about employees who were reported to DCFS regarding cases of an alleged abuse or neglected child to potential employers. 

July 2008  Illinois was named one of five states in the country to implement a new pilot program related to the No Child Left Behind Act which would allow school district's more flexibility in implementing the law. Under the current law, school populations are broken into groups based on race, ethnicity, language and special learning needs. If one of those groups failed to meet state and federal standards, then the whole school would face sanctions. Under the new pilot program, sanctions would be limited to the specific population which failed, allowing for schools to overhaul specific programs, instead of their entire curriculum. More information regarding this pilot program can be found at http://www.isbe.state.il.us/news/2008/july1.htm.  

June 2008  The Illinois State Board of Education approved the special education procedures developed by the Illinois Council of School Attorneys. A copy of the model procedures can be found here on the Illinois Association of School Board's website.

May 2008  A new Illinois law, SB 1865, was introduced to the Illinois legislature which would allow for an increased penalty (from $20,000 to $30,000) against parents who performed "willful or malicious acts [against a] minor which cause injury to a person or property" in accordance with the Parental Responsibility Law, and would allow school districts to recover attorney fees as damages in these cases.     

April 2008  The Seventh Circuit U.S. Court of Appeals issued its decision in the Nuxoll v Indian Prairie School District 204 case, ordering that Indian Prairie School District 204 be compelled to allow a high school student to wear a t-shirt in school which read "Be Happy, Not Gay."  

March 2008  The U.S. Department of Education announced a new NCLB pilot program, the Differentiated Accountability Pilot Program , which is aimed at helping states differentiate between underperforming schools which need "dramatic interventions," as opposed to schools which are closer to meeting the NCLB goals.

February 2008  The U.S. Court of Appeals for the 7th Circuit affirmed the dismissal of a lawsuit against the U.S. Department of Education and the Illinois State Board of Education that alleged the No Child Left Behind Act ("NCLB") and the Individuals with Disabilities Education Act ("IDEA") are legally incompatible. The decision, Board of Education of Ottawa Township High School District 140 v U.S. Department of Education  (07-2008) comes after two Illinois school districts and several special education students and their parents filed the suit, asking for the court to invalidate the NCLB requirements for changes in a child's IEP without regard to the students' individualized needs.

Also, a new law, HB 5578, is introduced to the Illinois legislature which would require parties seeking public school employees to testify during school hours to obtain a court order for testimony. In addition, it would require the party to pay a witness and mileage fee to the witness, as well as a fee to the school district to reimburse it for costs associated with providing a substitute teacher or other substitute staff member in the employee's absence. 

January 2008 The Illinois High School Association's Board of Directors voted 10-0 to begin mandatory, random drug testing for all student athletes, including for steroids. Testing is to begin with the 2008-2009 school year. This is the first time the IHSA has mandated statewide testing, and Illinois will now become the fourth state in the country to test for steroids.  

December 2007 The U.S. Equal Employment Opportunity Commission issued a fact sheet on the application of federal anti-discrimination laws, which provides "best practices" recommendations regarding the use of employment tests and screening devices.   

November 2007 ISBE announced that, beginning with the 2007-2008 school year, it will no longer be administering the Illinois Measure of Annual Growth in English (IMAGE) testing to limited English proficiency students. Instead, the students will begin receiving the Illinois Standards Achievement Test (ISAT) and the Prairie State Achievement Examination (PSAE) with accommodations, pending the creation of a new appropriate standardized test acceptable to the U.S. Department of Education. 

October 2007 New rules (23 Ill Admin Code 401) are adopted regarding Illinois approved non-public special education programs, allowing these facilities to administer the state assessment tests, including the ISAT, PSAE and IAA. The rules also discuss class size, prohibit the use of pain as a method of discipline, require staff records to include criminal background checks, require the school to reflect students' progress toward IEP goals to ISBE, and distinguish requirements for summer school.

Sept. 2007 An amendment to the Abused and Neglected Child Reporting Act (325 ILCS 5/4) was created adding public school board members and the governing body of private schools as mandated reporters.

August 2007 Illinois' first anti-bullying law (105 ILCS 5/27-23.7) was passed this month, which mandates all public school districts by the end of February 2008 to draft a written policy on bullying, and to communicate this bullying policy to parents and students on an annual basis.

July 2007 New Illinois special education regulations are finalized. A memo summarizing the changes can be found here: 2007 Illinois spec ed regulations revision .


The law firm of Whitted, Cleary + Takiff serves clients in Northbrook and throughout northern Illinois, in communities such as Chicago, Arlington Heights, Schaumburg, Waukegan, Woodstock, Belvidere, Geneva, Wheaton, Yorkville, Joliet, Skokie, Glenview, Highland Park, Buffalo Grove, and Evanston. Whitted Cleary & Takiff also has served clients from out of state, including Florida, Indiana, Missouri, Minnesota, North Carolina, Tennessee, West Virginia and Wisconsin.

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