ONLINE CHALLENGE CAN LEAD TO CRIMINAL CHARGES AND SCHOOL EXPULSION

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Social media presents kids with ever varied opportunities for trouble. As if online sexting and bullying weren’t bad enough, now it’s “devious licks,” a challenge where students post videos of themselves vandalizing or stealing school property.

If your child has taken the challenge, he or she could face both criminal charges and school discipline. Unfortunately, by posting video of themselves in the act, your child may have provided the evidence necessary for a conviction and possible school expulsion.

But all is not lost.

If your child is charged with a crime, an experienced criminal law attorney can review his or her case for its best possible defense. Is the identity of your child clear in the video? Can the state prove all the elements of the offense beyond a reasonable doubt? Can the state prove your child acted knowingly or with the required intent? Even if the evidence against your child is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a favorable plea agreement.

If your child is facing expulsion, it is essential that you request a hearing in order to preserve your child’s rights. An experienced school law attorney can present evidence at the hearing or can again try to negotiate a more favorable result. Be aware that a suspension can be a prelude to expulsion, so you may need to act quickly if the school decides to move from one to the other.

Although the trend went viral on Tiktok, the site quickly removed related content from its platform. However, posters have simply switched to alternative tags such as #despicablelicks, dastardly licks or nefarious licks.

If you have questions about a criminal or school law matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

References: CNN: The’devious licks’TikTok challenge has students stealing toilets and vandalizing bathrooms, and USA Today: Devious licks’ challenge on TikTok leads to criminal charges against students across US.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

THE IMPORTANCE OF THE HEARING IN A SCHOOL RESIDENCY CASE

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You just received a letter from your child’s school claiming your child is not a district resident and threatening to disenroll him or her. The letter informs you of your right to a hearing. You want the hearing, but question whether you really need an attorney.

It cannot be stressed enough that parents who go to hearing unprepared are overwhelmingly likely to lose and to undermine their chances on appeal. This is true even if you have an attorney, but that attorney does not understand the basics of school residency.

To prove residency, you must have physical presence in the district along with an intent to make the district your permanent home. A temporary residence may also entitle your child to attend school as long as the residence was not established for the sole purpose of attending the schools. You must show the residence was your family’s intended “home base” for day to day living and child care. In determining such intent, your actions speak louder than words.

Having a qualified attorney at the school hearing level does not guarantee a win but does improve your chances. Note that the hearing freezes the evidence for an appeal. A court will not overturn a school board’s determination of facts unless that determination is against the manifest weight of the evidence and the opposite conclusion is clearly evident. An experienced attorney can help present as much favorable evidence as possible at your hearing, so if an appeal becomes necessary, you will have a fighting chance.

If you have questions about this or another related school matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Source: Gwozdz v. Board of Education of Park Ridge-Niles School District No. 64.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

CAN I GET IN TROUBLE FOR SOMETHING I DID DURING ONLINE SCHOOL?

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It may seem silly, but you can be disciplined for something otherwise perfectly legal at home if you do it in front of a school camera.

For example, a Colorado 12-year-old was suspended for briefly passing a toy gun in front of a camera during an online art class. (See 12-Year-Old Suspended Over Toy Gun Seen in Virtual Class). The school sent the sheriff to the child’s house.

Many school districts do bar students from bringing look-alike weapons, even water pistols, to school. Schools may decide that if you are online, you must obey the same rules as though you were physically present in the building.

If your child is threatened with expulsion over online behavior, consult an experienced school law attorney immediately as you have a limited time to request a hearing on your child’s behalf. An attorney can evaluate your child’s situation for its best possible approach. Did the school follow its own rules? Is the school overreacting? Illinois law disapproves of zero-tolerance discipline and mandates that expulsion only be used as a last resort. Does the offense really fit within the school’s stated policies? Is it possible to negotiate a reduced punishment?

If you have questions about this or another related school matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

CAN A TEACHER BE DISMISSED FOR VIOLATING SCHOOL RESIDENCY REQUIREMENTS?

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The answer is yes, but it is important to read your school district’s policies carefully to understand all the ins and outs of the rules.

For example, the Chicago Public Schools Policy Manual Sec. 502.1 requires teachers hired after November 20, 1996 to move into the City within six months from the day their employment begins unless they have otherwise been granted a waiver. The Board considers any tenured teacher who intentionally lies by act or omission about their residency to have engaged in irremediable conduct and may be dismissed without warning. Where no misrepresentations have occurred, the Board may still dismiss a teacher who does not move to the city after a warning giving the teacher 60 days to comply.

A teacher can apply for a waiver of the residency requirement at the time of hire for special needs positions. These waivers must be renewed every three years.

Any teacher hired before November 20, 1996 who has remained continuously employed by the Board need not live in the city. However, if the teacher has a break in service, he or she will be regarded as a new employee and will be required to move to Chicago within six months.

Illinois law defines residency as physical presence in the district along with an intent to make the district your permanent home. Generally, this means your fixed nighttime abode. The Chicago Board of Education defines “Residency” as an employee’s domicile, the one actual place where an employee lives and has his or her true, permanent home to which, whenever he or she is absent, he or she has an intention of returning. Merely owning a building where you pay taxes does not establish residency.

The fluid nature of a modern family’s living situation can confuse a school district and result in a residency challenge, such as where a teacher is starting or ending a marriage.

The Chicago Employee Discipline And Due Process Policy For Union, Sec. 500A1 contains a policy regarding staleness where the Board waives its right to discipline an employee if the Board fails to act within a reasonable time after it should have known of the rule’s infraction. Unfortunately, in Crowley v. Bd. of Educ., the Court rejected this defense stating that two teachers’ residence outside the district formed a continuing violation of the residency rule. It is possible, however, that the staleness policy might apply to a different set of facts.

If you are a teacher facing a residency challenge, contact an education law attorney (unless you prefer to use your union’s representation). An attorney can help you present your case in its most favorable light before an administrative hearing judge. It is critical that any available evidence is introduced at the administrative level in order to provide a strong record in case an appeal becomes necessary.

If you have questions about this or another related Illinois education matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

CAN YOU BE SUSPENDED FROM SCHOOL IN ILLINOIS FOR DISOBEYING COVID RULES?

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However you may feel about COVID restrictions, school administrators are taking this public safety threat very seriously. As a result, you could actually face school expulsion if you ignore the rules.

For example, University of Illinois requires all students, employees and visitors to wear masks inside any university facility, building or classroom. Masks must also be worn outdoors where social distancing of six feet apart cannot be maintained. Students who test positive for COVID must isolate for ten days.

While disobeying COVID policy may not be listed as a specific offense in a school’s student code, most schools have catch-all language for unspecified bad behavior. This language may include1) threatening anyone’s health or safety (including your own), 2) substantially interfering with maintaining order or 3) violating published rules.

If you are facing discipline charges, contact an experienced school law attorney immediately. An attorney can review your case for your best possible defense. Did you commit the offense? Does your act clearly violate COVID policy? Is the school following its own procedures? Is there any mitigation such as an otherwise spotless disciplinary record? An attorney can help you navigate the often confusing disciplinary process. At many schools, an attorney may not attend or speak at the school hearing. Even so, the attorney can help prepare you to make a more favorable impression.

If you have questions about this or another Illinois school matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

WHAT IS “CAUSE” UNDER ILLINOIS LAW WHEN TERMINATING A TEACHER?

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Under Illinois law, a teacher who is past their probationary period cannot be removed except for cause. But what is cause?

Cause may be remediable or irremediable. Remediable conduct may include substandard teaching. Irremediable conduct may include conduct that is cruel, immoral, negligent or criminal or in any way causes psychological or physical harm to a student.

For example, in Ahmad v. Board of Education of the City of Chicago, a teacher falsely represented herself as a school district agent to obtain over $33,000 in free school supplies from a nonprofit organization that she intended to sell for her own profit; concealed her conduct from the district and refused to cooperate in the investigation. The court held that the teacher’s conduct was immoral and thus, irremediable. Immoral conduct is defined as shameless conduct showing moral indifference to the opinions of the good and respectable members of the community.

In contrast, the court in Jackson v. Bd. of Educ. did not find conduct immoral where a teacher failed to list his discharge from a police department on his employment application and failed to immediately report testing irregularities. The court stated that the board had failed to prove that the omission was intentional. Nor did the board have a procedure on how irregularities could be reported.

If you are a teacher facing termination, contact an school law attorney immediately. (You may wish to seek representation from your union.) You are entitled to different procedures depending on whether your conduct was remediable. An attorney can help prepare your case for hearing and help to define whether your conduct was in fact cruel, immoral, negligent or criminal.

If you have questions about this or another related Illinois education matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See: 105 ILCS 5/34-85.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

WHAT ARE MY RIGHTS IN A TEACHER TERMINATION PROCEEDING UNDER ILLINOIS LAW?

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Under Illinois law, you may only be terminated as a teacher for cause once your probationary period has expired. To do so, however, the school district must follow certain procedures. See: 105 ILCS 5/34-85.

If the alleged “cause” is remediable, you must receive a reasonable written warning specifically stating that such cause may result in charges unless you take steps to remove the problem. There are a couple exceptions to this rule, such as if you have failed a remediation plan or if the district and your union have agreed on an alternative system of remediation.

No written warning is required for irremediable conduct that is cruel, immoral, negligent or criminal or in any way causes psychological or physical harm a student. The language of the statute leaves a lot of room for interpretation.

Before starting dismissal proceedings, the general superintendent must approve written charges and then serve notice upon you. Charges may be served by certified mail, return receipt requested, at your last known address. The notice must inform you of your rights regarding a hearing officer. If you wish to have a say in selecting a hearing officer from the school board’s list, you will have to pay half the hearing officer’s fees and costs. Otherwise, the district will pay any hearing officer selected solely by the board.

The hearing officer shall set a schedule which includes a deadline for you to answer the charges and state any affirmative defenses. Both you and the board must make certain disclosures at least ten calendar days before hearing including names of witnesses who will testify and other documentation. Failure to disclose such evidence on time may prevent you from using it at hearing. Procedures involving witnesses differ somewhat where the charges involve sexual or severe physical abuse of a student or someone under age 18.

You may attend the hearing with an attorney, testify on your own behalf, present and cross-examine witnesses. The hearing officer must begin the hearing within 75 calendar days and conclude within 120 calendar days after their selection although this schedule can be modified for cause or by mutual agreement. Each side has up to three days to present their case.

After the hearing, you have 21 days from receipt of a hearing transcript to submit a post-hearing brief. You must pay for your copy of the transcript, which may cost several hundred dollars. The hearing officer has 30 calendar days after the hearing to report their recommendation and factual findings on whether you should be dismissed. The board then has 45 days from receipt of that recommendation to make a decision.

If the board retains you, you may be entitled to back pay at that time. If the board dismisses you, an appeal to the Illinois Appellate Court for the First District may be advised.

If you are a teacher facing termination, contact your union immediately for help. If you do not wish to proceed with the union’s attorney, you may retain a private attorney. Either way, an attorney can help present the facts of your case to the hearing officer in their best possible light. Because the Court of Appeals only reviews evidence from the hearing, it is critical that you submit every fact and argument in your favor at that time.

If you have questions about this or another related Illinois education matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

NEW ILLINOIS LAW LETS STUDENTS LEAVE SCHOOL TO VOTE

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As of June 1, 2020, high school students old enough to vote will not have to choose between exercising their constitutional rights and facing trouble over an unexcused absence.
Of course, this law may be less critical during the pandemic.

Under 10 ILCS 5/7-42, a student may leave school in order to vote for up to two hours during a school day. The student may vote election day or during early voting beginning the 15th day before an election. The school, however, may specify the hours when the student may be absent.

If you have questions about this or another Illinois school matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

WHEN CAN A TENURED TEACHER BE FIRED WITHOUT REMEDIATION?

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Under the law, public schoolteachers cannot be fired except for cause. In many cases, a teacher may go through a remediation process in order to keep their job. But some types of conduct are not eligible for that process.

What kind of charges allow a Board of Education to bypass the remediation process and go straight for termination? The answer is less clear than you might think.

Generally, a board must first issue a written warning for conduct that is remediable, unless a teacher displays conduct that is “cruel, immoral, negligent, or criminal or that in any way causes psychological or physical harm or injury to a student.” According to Illinois case law, this encompasses behavior that is “immoral at best, and criminal or quasi-criminal at worst.” That definition leaves a lot of wiggle room. For that reason, the answer can vary quite a bit from case to case, and the decision reached may depend a great deal on your particular hearing officer or judge.

For example, in Younge v. Board of Education, the court held that a teacher who reported to work under the influence of marijuana had engaged in criminal conduct was not entitled to remediation. However in Jackson v. Board of Education, a teacher who allegedly falsified his employment application and failed to report cheating on a test had not engaged in irremediable conduct. In part, the court found that the Board had not sustained its burden of proof and had not shown that the teacher’s omission of past work history was intentional.

More recently, the appellate court in Crawley v. Board of Education held that a teacher who had “misused” a total of eight sick days, two of them to take vacations, was guilty of irremediable behavior. The court noted that her students had been damaged ‘because their lesson plans and pedagogical continuity” were disrupted.

The definition of what or is not irremediable is anything but clear. Therefore, if you are faced with termination, it is important to contact an attorney (privately or through your union) as quickly as possible. An attorney can help present your situation in its most favorable light. School districts sometimes seem to play a game of “gotcha.” An attorney can highlight such loopholes in the Board’s case.

If you have questions about this or another related school matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

CAN THEY QUESTION MY CHILD AT SCHOOL? NEW RULES UNDER ILLINOIS LAW

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As of August 23, 2019, Illinois has new ground rules regarding the need to notify a parent before questioning your minor child at school.

Before questioning a student on school grounds who is suspected of a crime 1) a law enforcement or school security official must try to notify you, 2) the school must document the time and manner of the notice, and 3) the school must make reasonable efforts to ensure you are present during questioning. If you cannot be present, then the school must include a school social worker, psychologist, nurse, guidance counselor or other mental health professional during questioning. Where practicable, the school must also make reasonable efforts to ensure that a law enforcement officer trained in promoting safe interactions with youth is present.

Such notice is not required in circumstances where a reasonable person would believe that urgent and immediate action is necessary to 1) prevent bodily harm, 2) apprehend an armed or fleeing suspect, 3) prevent the destruction of evidence or 4) deal with an emergency or other dangerous situation.

The above notice requirements do not bar law enforcement from arresting your child on school grounds.

Note that this law applies to questioning on school grounds. “School grounds” is defined as “the real property comprising an active and operational elementary or secondary school during the regular hours in which school is in session and when students are present.” It is not clear that parental notification is required at times when school is not in session or no students are present.

Crimes committed at school can lead to punishment under both the criminal justice system and the school disciplinary code. Your child can face expulsion as well as time in jail. As a criminal and school attorney, I can assist you with both aspects of this difficult situation in navigating both systems, evaluating the evidence, probing for weaknesses in the state and school’s cases and as a last resort, helping you negotiate a better outcome for your child than you might do on your own.

If you have questions, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Source: 105 ILCS 5/22-85

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)