Compendium Notebook



|University of New England |

|Compendium Notebook |

|School Law EDU 702 |

| |

|Jennifer Van Deusen |

|10/22/2010 |

|The Compendium Notebook is research and data gathered concerning various aspects in Illinois law. The subject headings parallel the seven |

|modules studied throughout the course and applicable laws and statutes were added to provide personal reference as a tool for future use. |

|Module 1: Legal Framework of Education |

|Component |Summary and data: State of Illinois |

|State statute/s that cover |The state of Illinois implements laws and statutes revolving around education through the Illinois General |

|education- web address and |Assembly ( ), which is a supplement to the Illinois Constitution |

|summary of major categories |(viewed in full at ). |

| |Article X specializing in Education declares (): |

| | |

| |The primary goal within Illinois Education is to provide free education that will challenge its people to the |

| |best of their capabilities. The state will provide the highest quality of education through the secondary |

| |education level. |

| | |

| |(a)Within the state of Illinois a State Board of Education and a Chief State Educational Officer will be elected|

| |or selected on a regional basis. The logistics of the members- numbers, qualifications, terms of office, and |

| |election process are all provided by law. The board will be designed to set goals, establish procedures, set |

| |implementations and analyze/assess current, past, and future educational initiatives and financial plans. |

| |(b)The board of education handles the selection process for the Chief State Educational Officer. |

| | |

| |Public funds for sectarian purposes are prohibited. No individual cities, towns, districts, public |

| |corporations, etc… can make any appropriations or make any payments from any public fund(s). |

| | |

| |Conversely, narrowed education laws within the state are addressed in terms of statutes, which can be further |

| |analyzed at . These statutes cover common schools, |

| |health and safety, finances and reform, educational enhancement, adult and vocational education, and validation |

| |acts. Statutes covering higher education within Illinois can be viewed at |

| |. Common areas of research can be categorized under |

| |general provisions, higher education, University of Illinois, Southern Illinois University, Board of Governors |

| |University, public universities, regency universities, public community colleges, student assistance, and |

| |private and out-of-state colleges. Educational labor relations inquiries can be further observed at |

| |. |

|State Board of Education (are |The Illinois State Board of Education oversees the educational policies and procedures for public and private |

|they elected or appointed, what |schools. Information can be viewed at . The mission of the ISBE is to |

|is the head of the State Board |provide, “Leadership, assistance, resources, and advocacy so that every student is prepared to succeed in |

|called and also include web |careers and postsecondary education, and share accountability, for doing so with districts and schools.” Along |

|address) |with its mission statement the ISBE states its three goals and driving force for success within education. |

| |These goals can be seen at . Dr. Christopher A. Koch is the Illinois |

| |State Superintendent of Education. Superintendent Koch was selected in 2006 by State Board of Education. Dr. |

| |Koch’s main responsibility is to bring an understanding and allowance of state standards, curriculum, |

| |assessments, and college entry requirements. The state board consists of nine members who are appointed by the |

| |Governor with the consent of the Senate. Board members serve four year terms, with State Board membership |

| |limited to two consecutive terms. The board member site can be observed at |

| |, with biographies and pictures of the board members. |

|State Court System-summarize |The Illinois Court system is composed of three courts within the state: Supreme, Appellate, and Circuit. The |

|overall structure & include web |Supreme Court is the highest court system within the state and is composed of seven justices. |

|address | Visitors of this site will have access to details about the |

| |Supreme Court justices and more information on where the courts are located based on county. The Appellate |

| |Court hears appeals from the Circuit Courts. The site mentioned above also lists the specific areas that make |

| |up the districts for the Appellate Courts. The Circuit Court of Illinois is the unified trial court. |

| |Information at the above address can be viewed on the specific measures Circuit Court Judges utilize to ensure |

| |proper proceedings. By visiting the “Educators” page at observers can|

| |read about The Third Branch- A Chronicle of the Illinois Supreme Court, Student Learning Center, About the |

| |Courts in Illinois, Judicial Speakers Bureau, How Cases Proceed Through the Courts, How Courts are Funded, The |

| |U.S. Constitution, Illinois Constitution, Understanding the Illinois Constitution, and a few other links that |

| |would be helpful to educators. |

|U.S. Circuit Court of Appeal in |I reside in the seventh Circuit Court of Appeal. The site can be viewed at The |

|which you reside |site gives a background on the rules, guides, forms, and case information that make up the seventh Circuit Court|

| |of Appeals. Observers can view links from there on clerk information including hours of operation, phone |

| |numbers, and maps. |

|Any state court cases or cases |Could not find any. |

|settled within your Circuit Court| |

|that contested federal, state, or| |

|local control of education | |

|Module 2: Church- State Relations |

|Component |Summary and Data: State of Illinois |

|State law that relates to a |Illinois state has a Silent Prayer and/or Silent Reflection Act. This act states that in every public school |

|moment of prayer |classroom the teacher can dedicate a small amount of time to silent prayer or reflection at the start of each |

| |school day. This is not to be used as a religious exercise but a silent moment to reflect on the day. |

| |Additional information on student prayer and reflection(s) can be viewed at |

| |. |

|Blaine Amendment |The state of Illinois does have a Blaine Amendment that, “…forbids public funds for any sectarian purposes”. |

| |The full Blaine Amendment for Illinois can be viewed at |

| |. The page also offers a long list of relevant |

| |cases. |

|Any state court cases or cases |Illinois ex rel. McCollum v. Board of Education of School District No. 71, Champaign County, Illinois, 68 S. Ct.|

|settled within your Circuit Court|461, 333 U.S. 203, 92 L. Ed. 649 (1948). In the case of McCollum v. Champaign County Board of Education- |

|that contested church/state |McCollum as a tax payer and parent of a student within the school district did not agree with the school(s) |

|issues |permitting private religious teachers that were hired to teach religious teachings for thirty minutes in place |

| |of the school’s secular teachings. McCollum felt it violated the first and fourteenth amendments and made a |

| |clear violation between church and state. McCollum also felt that the religious instruction was benefitting |

| |financially by the tax supported public schools. The full case can be viewed at |

| | including decisions made by the court in favor of McCollom, that classes|

| |were in fact unconstitutional. |

|Module 3: Tort Liability |

|Component |Summary and Data: State of Illinois |

|The state and/or local law with |Illinois state law forbids corporal punishment. The School Code mandates each district to adopt a policy that |

|respect to the use or nonuse of |forbids deliberate infliction of physical harm, slapping, paddling, or extending periods of time where students |

|corporal punishment, seclusion, |are put in physically painful positions. The School Code forbids teachers, other licensed employees, and any |

|and restraint by school personnel|other person who provides a related service for/or with respect to a student to use sensible force. A student |

| |may be removed from the classroom, if the behavior displayed is disruptive, but due process for the student must|

| |be followed. The statute on discipline can be viewed in its entirety at with narrowed information on corporal |

| |punishment in section (105 ILCS 5/24-24) (from Ch. 122, par. 24-24). The School Code also states that each |

| |district should have a local discipline policy, in which can be developed through parent-teacher-advisory |

| |committees. |



|Does your state have comparative |Illinois uses Comparative Negligence as a defense. Contributory Negligence was formally used but has since been|

|or contributory negligence as a |diminished. Contributory Negligence is used when the plaintiff is at fault due to their own negligence, and |

|defense |because it is at the expense of their own negligence- no compensation is offered. Since the eighties, Illinois |

| |has used Comparative Negligence in cases where the plaintiff is at fault due to their own negligence, however |

| |only minimal compensation is offered. The following site provides a detailed juxtaposition of the two types of |

| |negligence . |

|Immunity safeguards for school |Individuals performing unrestricted functions are usually protected from liability for civil damages as long as |

|personnel |their behavior does not infringe upon obviously recognized statutory or constitutional rights for which a |

| |reasonable person would have known and acted. The full immunity safeguards for personnel can be viewed at- |



|Child abuse and neglect statutes |There are several Illinois Statutes that provide instruction on handling situations dealing with child abuse and|

| |neglect. Section two of the Abused and Neglected Child Reporting Act states that in accordance with The |

| |Department of Children and Family Services (DCFS) will investigate reports made involving the abuse and neglect |

| |of children. By viewing the site with listed statutes, observations can be made as to what is considered abuse.|

| |Statutes detailing neglect can be viewed at the link above. In Illinois, neglect is defined as ignoring a |

| |child’s medical or nourishment (food or care) needs. The site also defines many terms solely used with abuse |

| |and neglect cases and provides names of organizations or agencies that help with the care and wellbeing of |

| |children. |



|Module 4: Student Classification |

|Component |Summary and Data: State of Illinois |

|Research any statutes or the part|According to the State of Illinois and The Board of Education, “no person shall be subjected to discrimination |

|of the state constitution that |on the basis of sex in any program or activity supported by school district funds”. Title 23 of the Illinois |

|looks at equity of opportunity in|Administrative Code highlights the state’s policies on sex equity. The Illinois State Board of Education |

|education which includes school |website provides a detailed printout on title 23 by using the following link |

|financing | . The rules highlighted within are to be followed by |

| |all school districts in Illinois and are in accordance with Title IX of the Education Amendments (1972). The |

| |rules further cover that no student shall be left without equal access to programs, on the foundation of sex. |

|Have there been any state court |According to section 22-19 of The Illinois School Code when the State Board of Education collects a grievance |

|cases or cases settled within |signed by at least 50 inhabitants of a school district or 10 percent of the inhabitants of a district (whichever|

|your Circuit Court that have |is less) alleging either students have been segregated on the foundation of race, nationality, or religion, or |

|involved desegregation issues or |school staff or candidates for employment have been discriminated against on the same foundation, the State |

|other student classification |Board must inform the district of the grievance, and within 30 days, set a hearing based on the charge. If, |

|issues? |after the hearing, it is decided the charges are applicable, the State Board must send its results to the |

| |Illinois Attorney General for prosecution. |

| |Aurora East School District No. 131 v. Cronin, 92 Ill. 2d 305, 442 N.E. 2d 511, 66 Ill. Dec. 85 (1982) |

| | |

| |Cronin filed a claim that Aurora failed to comply with section 10, Article 23 of The Illinois School Code… "As |

| |soon as practicable, and from time to time thereafter, the (local) board shall change or revise existing |

| |[attendance centers] or create new (attendance centers) in a manner which will take into consideration the |

| |prevention of segregation and the elimination of separation of children in public schools because of color, race|

| |or nationality." The courts ruled that Aurora did not violate The Armstrong Act through segregation. |

|Research any state statutes that |The Illinois School Code sets up several statutes to protect students. Article 105, section 14 is established |

|provide guidelines for working |to provide information on the services that can be provided to children with disabilities. This section of the|

|with disabled children |article states that students ages 3-21 can be rendered special education services in order to help them fulfill |

| |their education. An Individualized Education Program must be written and agreed upon by the parties involved. |

| |The link below highlights the specifics to be followed when working with a student that has a disability. |



|Research any state statutes that |Many students come from families where English is not the predominant language spoken, thus when they are at |

|provide guidelines for working |school the students are struggling to continue their education within a language they cannot comprehend. For |

|with ESL children |those students within the state of Illinois School Code 105, specifically section 14C deals with transitional |

| |bilingual education. The General Assembly ensures that schools have such programs for students that struggle |

| |with the English language. The link provided shows the logistics of such a program. The students are then |

| |tested: verbal and written in their comprehension of English. This further determines placement in the program |

| |and under what level. At the end of each school term students within the program are tested to see if the level|

| |of comprehension will allow them to be successful out of the program. If the comprehension is still lacking, |

| |students are then enrolled in a similar bilingual program until progress is met. |



|Research any state statutes that |Also within Article 105, information is provided on the educational rights of gifted children. This is found in|

|provide guidelines for working |section 14A, and defines that a student whom is gifted is- |

|with gifted or talented children |Has a high intellectual, creative, or artistic ability |

| |Strong leadership skills |

| |Performs extremely well in academic areas |

| |Has the ability to do extremely well in an area of culture or economic development. The link below highlighted |

| |that students that are considered gifted or talented should not be discriminated against in terms of race, |

| |religion, gender, etc… and their qualification for specific programs is made on the part of being gifted and |

| |talented in a specific area. |



|Does your state protect for |Under the Human Rights Act Illinois protects individuals of their sexual orientation. The purpose of the Act is|

|sexual orientation |to grant freedom from discrimination based on one’s sexual orientation. The link attached for the Illinois |

| |Gender Advocates provides background on Illinois law with a specialization in sexual orientation |

| | . |

|HOUSSE standards for special |High, Objective, Uniform State Standard of Evaluation is a method of assessing teacher proficiency. The |

|education teachers |National Evaluation and Technical Assistance Center’s website provides some background on the organization and |

| |on why HOUSSE is in place in various states across the nation. |

| | |

| | |

| |In Illinois a HQ (highly qualified) special education teacher must hold a special education certificate free of |

| |waivers of requirements. |

| |OR hold a certificate issued by the state of Illinois and pass a special education exam |

| |A special education instructor who is given two or more core academic classes |

| |Major or approved program in special education |

| |Has at least 15 points in each core subject area |

| |The powerpoint included provides full detail on HOUSSE standards for special education teachers |

| | |

|Anti-bullying state laws |In Illinois the School Code, specifically section 27-23 of Article 105 states the demands on bully prevention. |

| |It stresses that a safe and secure school environment allows for successful education to occur and that acts |

| |involving bullying lead to other serious crimes: vandalism, assault, harassment, etc… The link explores the |

| |areas that an individual can be bullied: race, disability, sex, religion, etc… and also provides the methods to |

| |which bullying can occur: internet, at school, or at school sponsored events. The link also gives an overview |

| |of the various types of bullying that can occur. Each school within a district must have a policy on bullying |

| |that is in accordance with the State Board of Education’s policy on bullying. |



|Module 5: Students’ Rights |

|Component |Summary and Data: State of Illinois |

|Students’ rights involving |Article 26 of The Illinois School Code highlights the stipulations for attendance of students. Illinois law |

|attendance |states that children between the age of seven and seventeen must attend a school within the district to which |

| |they live for the full school term. The law in place states that parents or legal guardians have the |

| |responsibility to ensure that the children in their care are going to school. The following link provides |

| |detail on the attendance rules of Illinois and also provides specific detail on the issue of truancy |

| | . |

|Health concerns with attendance |According to the Illinois School Code the Department of Public Health all health examinations and immunizations |

| |must be complete prior to entering kindergarten, sixth grade, and ninth grade. If records are not provided as |

| |proof that the student has completed the necessary examinations and immunizations by October 15th of the school |

| |year then the student will be excluded from school until the documentation can be provided. As a result the |

| |child’s parents or legal guardian can be considered in violation of section 26-1. A detailed list of |

| |requirements in terms of immunizations and examinations can be viewed at |

.

|School curriculum requirements |Article 26 of The Illinois School Code displays the curriculum requirements for students within the state under |

| |section 27-22. According to the article students in Illinois must complete the required course work between |

| |grades 9-12. |

| |Four years of language arts |

| |Two years of writing intensive courses |

| |Three years of mathematics (one of which must fall under an Algebra I content, and another covering a Geometry |

| |content base) |

| |Two years of science |

| |Two years of social studies (one of which must cover American History content |

| |One year covering an area of music, art, foreign language |



|Issue of Home Schooling |Under article 26 in the Illinois School Code home schooling is considered as private education. Parents that |

| |choose to independently educate their children must still teach the branches of education that are taught in the|

| |public schools. The branches of education include: language arts, science, math, social studies, fine arts, |

| |health, and physical growth. Parents must then select the teaching materials and methods they deem fit to align|

| |with the age and grade level of the student. The state of Illinois places all responsibility on the parent for |

| |the educational growth of the student if a student is home schooled. The Illinois State Board of Education |

| |website sets up a detailed page dedicated to home school education. In addition to the information provided it |

| |also lists various links to help with lesson planning, common questions, and registration forms. |

| | |

|Any state statutes relating to |Under Illinois law and in accordance with the Constitution of The United States, the first Amendment protects |

|students’ rights involving free |students’ rights of free speech. A school or school board cannot control a student’s method of speech unless |

|speech |they can prove that the method is obscene and creates a disturbance. This is also stated in the Illinois |

| |Constitution for which the link is provided. |

|State statutes explaining |In Illinois under School Code 105, section 1 the confidentiality of students’ records is known as the Illinois |

|confidentiality of records |School Student Records Act. A parent or legal guardian has the right to inspect or copy any materials from the |

| |records. The attached link provides reasons as to how information can be properly released and under specific |

| |terms (i.e. information being transferred to another school within the state of Illinois). |



|Any state court cases settled |Olesen v. Board of Education of School District 228, 676 F. Supp. 820 (N.D. Ill. 1987) |

|within your Circuit Court that |In this case a student was told he could not wear an earring, as it was a sign of gang affiliation he challenged|

|involved student rights |that his rights were violated. The courts found his arguments vague and found that the school’s safety issue in|

| |extinguishing gang violence to have legal merit. The link attached summarizes this case and others of similar |

| |expressions of students’ rights |

| |Bridgman v. New Trier High School District No. 203, 128 F. 3d 1146 (7th Cir. 1997) |

| |In the case of Bridgman v. New Trier High School District, Andrew Bridgman was to attend a smoking session |

| |program to be held after school as a consequence of being caught smoking on or around school property. At the |

| |program Bridgman was acting suspicious, so the program coordinator called him into a room to make some |

| |observations if/in fact Andrew was under the influence of Marijuana. A school nurse was then called in to |

| |administer a “medical assessment”. The program coordinator then asked him to empty his pockets and |

| |possessions. The next day Andrew’s mother took him to have a drug test conducted- in which they found no |

| |evidence of drugs in his system. Bridgman filed that his fourth Amendment rights had been violated due to an |

| |unreasonable search and seizure. The link below contains the full case study |

| | . |

|Module 6: Teachers’ Substantive Rights |

|Component |Summary and Data: State of Illinois |

|Tenure- how it is defined in your|Tenure is the common name given for contractual continued service, which is confirmed by law to certifiable |

|state? Do your non-tenure |employees who have completed, in a satisfied manner, the probationary period. Once given tenure status the |

|teachers have any due process |employee is: |

|rights? |Continuously employed from year to year, unless the employee is given adequate notice of dismissal with honor or|

| |dismissal for cause. |

| |Permitted to seniority rights granted by law or collective bargaining agreement if the school board reduces its |

| |teaching staff or suspends programs. |

| |Permitted to significant rights of due process in the event an employee is dismissed due to cause. |

| | |

| |Non-tenure teachers do have rights. A school board can decide to dismiss a probationary employee during the |

| |school year. With that said, teachers are contractual employees of the district and maintain a “property right”|

| |to employment within the terms of their contracts. In order to dismiss an employee the school board has the |

| |task to prove violation of contract and must provide the employee permitted and procedural due process. Article|

| |24 of The Illinois School Code gives a formal write up at |

| | |

|Is sexual orientation protected |Within the state of Illinois, sexual orientation of teachers is protected. Teachers are protected under equal |

|in your state? |protection. Title Vii of the Civil Rights Act of 1964 prohibits an employer from “discriminating against a |

| |person’s sex with respect to his/her compensation, terms, conditions or privileges of employment”. |

| | Observers of this link will find the fundamentals to the Illinois |

| |Constitution, in which section 17 clearly labels Illinois’ view on protection within employment. |

|State law on whistle-blowing |In the state of Illinois, whistle blowing is known as the Illinois False Claims Act. This can be formally |

| |viewed in the Illinois Compiled Statutes Article 740, section 175. |



|State textbook selection |Teachers are to use the printed and/or electronic materials provided by the board. Under Article 105 section |

|guidelines |28-6, supplementary material can be utilized if it is deemed necessary to the curriculum and the class. |

| | |

|Any state court cases or cases |Listed below is one of the major cases that paved the way for teachers’ substantive rights. |

|settled within your Circuit Court|Pickering v. Board of Education of Township High School District No. 205, Will County, Illinois, 88 S. Ct. 1731,|

|that involved teachers’ rights |391 U.S. 563, 20 L. Ed. 2d 811 (1968) *This case was discussed during class but the full formal case study can |

| |be viewed at |

|Module 7: Terms and Conditions of Employment |

|Component |Summary and Data: State of Illinois |

|Licensure requirements for |Under Illinois Compiled Statute 105, Article 21 pays tribute to licensing requirements and certification |

|teachers and administrators |requirements of teachers and administrators. Following the link it will show viewers the breakdown of |

| |qualifications for teachers and administrators, along with requirements. In Illinois an administrator must hold|

| |a type 75 certificate and successfully taught for at least five years, while a teacher has to hold an |

| |appropriate teaching certificate for the level of education being taught and specific to the content area as |

| |well, completion of a student teaching experience, and acceptable scores of standardized tests. |

| | |

|What are the grounds for |In order to dismiss a teacher in Illinois several elements must be in place. If the teacher is being dismissed |

|dismissing a teacher and the due |due to a disciplinary action due process must be in place: receiving notice of the termination and a hearing if |

|process procedures |applicable. If the dismissal is due to poor performance on evaluations a remediation plan should have been in |

| |place and still proven that the teacher is to be dismissed. If the teacher is tenured then “cause” must be |

| |shown as to the need for the dismissal. Failure of a remediation plan for a time period of two years is needed |

| |to dismiss a tenure teacher. Section 24A of the Illinois Statute article 105 states the process in detail. |

| |. |

| |In such a circumstance that a tenured teacher is dismissed the notice of the dismissal must be given (this is |

| |usually done in writing), the teacher must also be made aware of the evidence that led to the dismissal, and if |

| |need be a fair hearing. |

| |In Illinois a teacher can be dismissed for incompetence, neglect of duty, not reporting a situation of child |

| |abuse or neglect, crimes involving sex or drugs, unprofessional behavior, etc… |

|What are the personnel evaluation|Under the Illinois Compiled Statutes article 105, section 24A; it gives the breakdown of the evaluation process |

|requirements and procedures |and procedures involved. The main |

| |establishment for the evaluation procedure is to ensure that classroom learning is beneficial to the curriculum.|

| |In cases where evaluations are lacking remedial action is then put forth. School personnel are evaluated by an |

| |administrator. Tenured teachers are evaluated at least once every school year, where probationary teachers can |

| |be evaluated anywhere from three to five times in a given year up until they have reached tenure status. |

| |Comments within the evaluation can range from Excellent, satisfactory, needs improvement, or unsatisfactory. |

| |Evaluations that lead to marks in needs improvement and/or unsatisfactory will usually result in a remediation |

| |plan being set forth. This plan will highlight specific goals in order to see improvement within the teacher. |

| |If a teacher is un-willing to work towards meeting the goals of the remediation plan and/or is determined to |

| |still be unsatisfactory, a dismissal of the teacher could be in place. |

|Are there specific statutes that |As previously stated title VII of the Civil Rights Act of 1964 prohibits any employer form discriminating |

|relate to protections against |against an employee due to their sex, age, race, or religion. In the Illinois School Code Article 775 section |

|discrimination (sexual |one covers in detail the rights of teachers in terms of discrimination. |

|orientation you may have covered | |

|in Module 6) | |

|What is the child abuse and |All school employees are mandated to provide details of any assumed child abuse or neglect directly to the |

|neglect law with respect to |Illinois Department of Children and Family Services (DCFS) by contacting their central DCFS register. Any |

|teachers’ and administrator’s |person required by law to report child abuse and neglect who knowingly fails to report it is guilty of a Class A|

|involvement |misdemeanor. Article 325 of the Illinois Compiled Statutes section 5-1 provides detail on what is to be done in|

| |cases where abuse and/or neglect are observed |

|What collective bargaining rights|In Illinois the Illinois Educational Labor Relations Act has been established to identify collective bargaining |

|have been established which |relationships and procedures for all public school employers and employees. In Illinois the Zipper Clause is a |

|relates to any delineation of the|form of waiver of a union’s right to bargain. In detail, the union will relinquish its right to connect in |

|powers of teachers’ unions |mid-term bargaining over obligatory subjects of bargaining. The use of the zipper clause will freeze the powers|

| |that teachers’ unions possess. |

| | |

| |The Illinois Educational Labor Relations Act (IELR) website provides a detailed overview of rules and how they |

| |work collectively to come towards a solution. |

| | |

| | |

|What is the timeframe for the |Could not find. |

|process for collective bargaining| |

|What can be negotiated- are there|In Illinois collective bargaining can include policy matters that directly relate to wages, hours, and terms and|

|areas off limits? |conditions of employment. The link covering Illinois Statute 115 goes into full detail on what can be |

| |negotiated during collective bargaining.

| |Matters involving innate managerial policy are commonly avoided during negotiations. This includes the function|

| |of an employer, standards of services, the budget, and the choice of new employees. |

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