Title IX Final Rule

by Maureen A. Lemon The U.S. Department of Education has recently unveiled the updated final regulations for Title IX. The Final Rule becomes effective August 1, 2024, and reinforces your school district’s obligation to safeguard against sex discrimination. Final Rule Summary. Here are 2 key takeaways: Enhanced Protections: The new regulations expand the protections against sex-based harassment while imposing new …

Appellate Court Interprets Illinois Pension Code’s Requirements for Non-Duty Disability Pension Benefits for Combined Service Firefighter

by John E. Motylinski  Ever since the Illinois General Assembly enacted provisions to allow firefighters to combine creditable service from two or more fire departments or fire districts, firefighters have used this flexibility with their pensions to seek new opportunities within the fire service for advancement and improved salary or benefits. However, as the Illinois Appellate Court recently ruled, the …

Changes to Clear and Present Danger Reporting

by Maureen Anichini Lemon Under the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law, 430 ILCS 66/105, school principals and designees must notify the Illinois State Police Office of Firearms Safety (ISP) within 24 hours of determining that a student poses a clear and present danger to himself, herself, or others. This determination may be based …

Illinois Appellate Court Finds that Municipalities Lack Jurisdiction to Enforce Offenses that Govern the Movement of Vehicles

On November 15, 2022, the Illinois Appellate Court for the Third Judicial District issued a decision in Robert Cammacho Jr., et al. v. City of Joliet, 2022 IL App (3d) 210591-U, and ruled that the City of Joliet lacked jurisdiction to enforce overweight vehicle ordinance through administrative adjudication. Background The City enacted Ordinance 19-21, which provides: “[u]nless authorized in this …

Governor Issues Executive Order Removing EMS Personnel from Vaccination and Testing Mandate

By James G. Wargo and Bradley Michalowski On July 12, 2022, Governor Pritzker issued Executive Order 2022-16, which removes EMS personnel from the Governor’s previously issued COVID-19 vaccination and testing mandate issued on September 3, 2021. This most recent executive order re-issued and modifies Executive Orders 2020-12 (issued March 24, 2020) and 2021-22 (issued September 3, 2021) and became effective …

Governor Pritzker Extends Disaster Declaration

By Meganne Trela Since the start of the COVID-19 pandemic, Illinois has been operating under a disaster proclamation from Governor J.B. Pritzker. The disaster proclamation has since served as the basis for local government entities to hold their public meetings entirely by remote means under the newly enacted Section 7(e) of the Open Meetings Act (“OMA”) (5 ILCS 120/7(e)). On …

Navigating the New Statement of Economic Interests Form

by James G. Wargo The Illinois Governmental Ethics Act (the “Act”) requires certain local governmental office holders, candidates, appointed officials, and employees to file a “Statement of Economic Interests.” (5 ILCS 420/4A-101.5.) Following the passage of Public Act 102-0664 (effective January 1, 2022), significant changes have been made to the Statement of Financial Interests form. The following questions and answers …

New ISBE Emergency Rules Address Vaccinations and A New Executive Order Addresses School Exclusions Without an Isolation or Quarantine Order

By Maureen A. Lemon On Friday, September 17, 2021, the Illinois State Board of Education (ISBE) and Governor Pritzker each took emergency action to address several pandemic-related topics facing Illinois school districts. Late in the day, ISBE filed proposed Emergency Rules regarding Mandatory Vaccinations for School Personnel, https://www.isbe.net/Documents/18389_23-6RG-E.pdf. Later in the day, Governor Pritzker issued Executive Order 2021-24, https://coronavirus.illinois.gov/resources/executive-orders/display.executive-order-number-24.2021.html. requiring …