LM Nov-Dec_2023

Legal Corner

Chad Watkins IASA Associate Director/General Counsel

To help school leaders navigate uncertain times, IASA has partnered with leading law firms throughout Illinois to provide districts with critical guidance during the 2023–24 school year. In every issue of Leadership Matters, the IASA Legal Corner will showcase an article written by attorneys who specialize in legal matters related to education. It is our hope you find the content insightful, timely and helpful in addressing the critical matters you face.

This month, Kriha Boucek writes about a recent non binding ruling from the Public Access Counselor in regard to the Open Meeting Act. As a reminder, IASA Legal Corner articles are provided for informational purposes only, and you are advised to contact your district counsel for legal advice. Click on the link below to access the article.

PAC Clarifies Public Recital Requirements in Non-Disciplinary Personnel Actions

In a non-binding opinion issued on November 2, 2023, the Public Access Counsel (PAC) determined that a Board of Education did not violate the Open Meeting Act’s (OMA) public recital requirement when it did not recite the name of the probationary employees being non-renewed prior to voting on the action. (2023 PAC 76897) The matter came before the PAC when the Union argued the Board had violated the OMA when it “failed to sufficiently inform the public of the business being conducted before taking final action to not renew non

tenured teachers.” According to the Union, the Board was required to state the names of the teachers it was voting to non-renew and failure to state their names made the Board action invalid. For more information on this decision: if you are a client please visit the Client Portal or feel free to reach out to Kevin Gordon or another Kriha Boucek attorney if you have any questions about this decision or any other Open Meetings Act matters.

27 LM Holidays 2023