April 2024


Dear Extra Mile Readers:


This month's edition is jam-packed with important and timely updates. We have new regulations from various agencies--some of which already are being challenged and some of which may be challenged in the future--and some key decisions from federal courts that will impact schools and school board members.


Most importantly, if you take only one immediate action from this newsletter, register now and join us (with your Title IX Coordinator) tomorrow for our complimentary webinar on the new Title IX regulations. You don't want to miss it!


Happy reading!

Final Title IX Regulations Issued – Effective August 1, 2024


The final Title IX regulations on sex discrimination from the U.S. Department of Education were finally released. Read a summary here, and be sure to register and join us for a complimentary webinar on Title IX tomorrow, April 30, at noon.

Jennifer Mueller Rosenberg

Supreme Court Weighs in on First Amendment Rights on Social Media for Public Officials


When is a public-school board member’s “personal” social media actually an official publication of the public body? And when can they block dissenters’ social media posts? In twin cases, the Supreme Court addressed public officials’ blocking of users on social media platforms and First Amendment rights. Read more...

Heather Brickman

Final Overtime Rule Published By Department of Labor, Effective July 1, 2024


The DOL recently published a new rule that increases the threshold for an employee to be FLSA-exempt. If the rule stands, the effect is that more employees (though less so in the school sector) will be eligible for minimum wage and overtime pay. Read more...

Barbara Erickson

New DOJ Rule Establishes Specific Requirements for Website and Mobile App Accessibility


The United States Department of Justice issued a final rule under the ADA that requires public bodies, including school districts, to ensure that certain content posted on their websites and mobile apps is accessible to people with disabilities. Read more...

George Acosta

Racism-Free Schools Law


The Racism-Free Schools Law was passed by the Illinois General Assembly in August 2023 and goes into effect August 1, 2024. The new law includes several requirements for school districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools. Read more...

Michelle Todd

ISBE Issues Final Rule Governing Dispute Resolution Procedures for Students Experiencing Homelessness


ISBE recently issued its Final Rule governing dispute resolution procedures for students asserting homeless status when seeking to enroll in school. Read more...

Kevin McKeown

Federal Appellate Court Upholds Right of Transgender Girl to Participate on Girls' Sports Team


Under Title IX, a federal appellate court recently upheld the right of a transgender girl to participate on a girls' track and field team, despite a West Virginia law to the contrary. Read more...

Jessica Nguyen

IN CASE YOU MISSED IT

Following an adverse decision in federal court, the Urbana School District has settled a lawsuit brought by the EEOC. The trial court had found that the District's 6% cap, which was imposed on employees approaching retirement as a means of mitigating the risk of TRS penalties, was a form of age discrimination.

April 20 marked the 25th anniversary of the tragic mass shooting at Columbine High School in 1999. A quarter century later, several survivors share their story. Also check out Columbine for a fascinating read on the horrific events of that day.

The Cook County Board delayed implementation of its Paid Leave Ordinance for school employees until 2025.

TRS adopted new regulations that: (1) remove the 1-year cap on paid administrative leave that counts for creditable service, (2) allow for optional service credit for paid student teaching service on or after August 7, 2019, and (3) allow extra duty pay for work that does not require teacher licensure to count toward pensionable salary in certain cases.

The EEOC recently issued a final rule on the Pregnant Workers Fairness Act, which, as we previously reported, requires employers with 15 or more employees to engage in an interactive process with employees to identify reasonable accommodations for pregnancy, childbirth, or related medical conditions. The EEOC's application of the law to abortion prompted a lawsuit from 17 state attorneys general last Thursday.

TAKE NOTE

School districts have until May 31 to complete Timely and Meaningful Consultation meetings with representatives of private and home-schooled students with disabilities in order to determine special education proportionate share services for those students.

Submit RTO Reduction Plans or exemption documentation to ISBE by July 1. RTO Progress Report and Reduction Plan templates are available on the ISBE Physical Restraint, Time out, and Isolated Time Out webpage. RTO Progress Reports and Reduction Plans must be submitted to rtoreductionplan@isbe.net.

Complete the ISBE Annual Sexual Health Education Survey (required by P.A. 102-0522) to ISBE via the IWAS system. The survey will be available May 1 through July 19, 2024.

Submit student discipline data to ISBE by July 31 to ISBE via the IWAS system. If you have questions, contact schooldiscipline@isbe.net.

Our Student Handbook Checklist is updated for 2024. It outlines topics that are legally required (and recommended) to be in your student handbook and/or provided to parents/guardians in some manner. This publication is an invaluable guide for those working on handbook updates. Order your copy here.

INSIGHTS FOR SCHOOL LEADERS

Apr 30

Webinar

Moderated by Michelle Todd, a panel of Tina Christofalos, Jennifer Mueller Rosenberg, Frazier Satterly, and Jessica Nguyen will present a complimentary webinar on "The New Final Title IX Regulations: New Rules and New Pitfalls for School Administrators." There's still time to register today!

CONSUMER PRICE INDEX

Latest figures: March 2024

The Extra Mile is intended solely to provide information to the school community. It is neither legal advice nor a substitute for legal counsel. It is intended as advertising but not as a solicitation of an attorney/client relationship. 

Itasca

847-670-9000

Peoria
309-671-9000
O’Fallon
618-622-0999