Miller, Tracy, Braun, Funk & Miller, Ltd. is pleased to announce that effective January 1, 2012, Brandon K. Wright was named partner in the firm.
New Partner Announcement
Education Reform Act: Frequently Asked Questions (and Answers)
What do I do if I did not have a meeting of my joint committee by December 1?
IMRF "Penalty" for Compensation Increases; Open Meetings Act Amendment
Public Act 97-0609, which will be fully effective after January 1, 2012, provides for an "accelerated payment" of pension costs which are attributable to compensation increases over the greater of six percent (6%) or 1.5 times the increase in the Consumer Price Index-Urban (CPI-U) for IMRF employees. If an IMRF employee receives compensation of more than six percent (6%) or 1.5 times the increase in CPI-U in the period used to determine the employee's pension compared to the immediately preceding twelve- (12-) month period, the "accelerated paym
November Newsletter - Joint Committee Updates, Principal and Assistant Principal Evaluation, and Reclassification
As we begin to work with the new laws and proposals we are seeing at the bargaining tables, we wanted to offer our thoughts about some of our changed perspectives, as well as some of the issues we have begun to see during bargaining. As with any major change in law, the implications of PERA and the Education Reform Act and follow-up legislation are still being examined, and we continue to uncover new challenges and creative solutions for the new procedures before us.
Education Reform Act
On June 13, Senate Bill 7 became Public Act 97-8, now known as the Education Reform Act, when Governor Quinn signed it into law. The Act follows the Performance Evaluation Reform Act (PERA) of 2010 by connecting teachers’ hiring and dismissal (including reductions in force) to teacher performance evaluation tools required by PERA. In order to accomplish these goals, the law makes major revisions to seven areas of school process.
Court of Appeals Affirms Lower Court’s Ruling That High School Coach Was a Volunteer under FLSA
On March 10, 2011, the United States Court of Appeals for the Fourth Circuit found that a School Board in Virginia did not violate the Fair Labor Standards Act (“FLSA”) when it deemed its golf coach a volunteer within the meaning of the FLSA. Purdham v. Fairfax County Public Schools, 629 F. Supp. 2d 544 (E.D. Va.
Third Circuit Case on Social Media Websites Limits Schools’ Ability to Punish Students
On June 13, 2011, the United States Court of Appeals Third Circuit issued two en banc opinions concerning school districts’ ability to punish students who created inappropriate Facebook or MySpace profiles parodying teachers. The court held that the school districts could not punish the students because the profiles were created off school property and the First Amendment protects speech that is made outside the school. Further, the profiles
Federal Court Dismisses Administrator’s Constitutional Arguments on Validity of Contract Due to Lack of Contract Goals
The United States District Court for the Northern District of Illinois, Eastern Division, recently decided a case where a Superintendent claimed that his 14th Amendment due process rights had been violated when he was dismissed after one year of service without a hearing. 42 U.S.C.
Public Act 97-123 Changes Home and Hospital Instruction
Governor Quinn has signed legislation amending the Children with Disabilities Article of the School Code (105 ILCS 5/14-13.01). The bill changes the home or hospital instruction requirements from a “must miss” basis to an “anticipated miss” basis.
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