News from Thrun Law

FOIA’s short deadlines coupled with the often-voluminous FOIA records requests can make it difficult to produce requested records within the statutorily required timeframe. Timely response to a FOIA request is a legal requirement, even if the request is received just before or during a school break. Under FOIA Section 5, a public school must respond to a FOIA request within five business days after the request is “received.” A FOIA request sent via U.S. Mail is considered “received” the day...

If it seems that your students’ New Year’s resolutions did not include better behavior at school, you are not alone. Building administrators must remember that not all discipline proceeds in the same way. School officials must ensure that students with disabilities receive applicable IDEA and Section 504 protections, which may include a manifestation determination review (MDR). Below are tips to ensure that your school’s MDR practice is legally compliant.

Tip #1: Conduct a Timely...

Revised School Code Section 1229 establishes deadlines, timelines, and procedural requirements to nonrenew an administrator’s employment contract. To comply with the statute, the nonrenewal process must begin at least 90 days before the employment contract terminates (e.g., April 1 for a contract that ends June 30). The sample timeline below is based on the minimum number of days that a board needs to proceed with nonrenewal of a contract that terminates on June 30:

Between the escalating conflicts abroad and the United States’ divisive political climate, schools are likely experiencing an increase in political student speech. Before imposing restrictions on this speech, school officials must consider the following student speech essentials.

The U.S. Supreme Court has considered and issued opinions regarding student speech in the following contexts:

1. student speech causing a substantial disruption;
2. vulgar...