1. ILLINOIS ASSOCIATION OF SCHOOL PESONNEL ADMINISTRATORS EIGHTH ANNUAL CONFERENCE LEGAL HOT TOPICS January 29, 2015By: Daniel M. Boyle Hyatt Lisle Hauser Izzo, LLC 1400 Corporation Drive 19730 Governors Hwy., Suite 10 Lisle, Illinois 60532 Flossmoor, Illinois 60422 (708) 799-6766 dboyle@hauserizzo.com

2. TOPICS  RECORDS: FOIA amendments, PAC rulings  OPEN MEETINGS ACT: PAC rulings  PERSONNEL: pregnancy discrimination, Grouping 2 recalls  EAVESDROPPING: replacement law Copyright 2015 by Hauser Izzo, LLC 2

3. RECORDS: FOIA AMENDMENTS (P.A. 98-1129, eff. 12-3-14)  “VOLUMINOUS REQUEST” – NEW CATEGORY  DEFINED: A request that -  Includes more than 5 individual requests for more than 5 different categories of records  A combination of individual requests that total requests for more than 5 categories of records in a period of 20 business days  Requires compilation of more than letter or legal-sized 500 pages (does not apply to a “single requested record” that exceeds 500 pages)  Does not include requests by news media and non-profit, scientific, or academic organizations if principal purpose is:  News and current or passing events  Articles of opinion or public interest features  Academic, scientific or published research/education  TIMEFRAME:  Within 5 business days, district notifies requester of voluminous request treatment and invites reply within 10 business days.  Within 5 business days after reply (or lack of reply), district responds per usual and estimates fees, but may extend response by 10 additional business days.  FEES: May estimate fees for electronic records using schedule based on number of megabytes and on whether the records are in PDF format  RECORDS ON WEBSITE  District may direct requester to website instead of copying record.  NEW FEE FOR REDACTIONS  District may charge up to $10/hour for time spent by personnel for examining records for necessary redactions for commercial requests. Copyright 2015 by Hauser Izzo, LLC 3

4. RECORDS: PAC RULINGS  BINDING OPINION 14-008 – EMPLOYEE PHOTOS  Employee photos subject to FOIA.  Not an exempt biometric identifier.  BINDING OPINION 14-007 – LATE RESPONSE  Failure to timely assert unduly burdensome exemption and to explain searches undertaken precludes later assertion.  BINDING OPINION 14-015 – EMPLOYEE APPLICATIONS  Employee’s resume and application subject to FOIA.  Private information may be redacted. Copyright 2015 by Hauser Izzo, LLC 4

5. OPEN MEETINGS ACT: PAC RULINGS  RECITATION OF BUSINESS BEING CONDUCTED – PAC 14-001  OMA requires that final vote be preceded by recitation of nature of matter and other information to inform the public of the business being conducted.  PAC ruled in April 2014 that a motion to approve a separation agreement was inadequate for failure to include summary of the “key terms” of the agreement.  Springfield circuit court reversed this PAC opinion. Copyright 2015 by Hauser Izzo, LLC 5

6. PERSONNEL  PREGNANCY DISCRIMINATION – (P.A. 98-1050, eff. 1-1-15)  Pregnancy added to list of prohibited bases for discrimination in employment in Illinois Human Rights Act.  “Pregnancy” means pregnancy, childbirth, or medical or common conditions related to pregnancy or childbirth.  Reasonable accommodations must be made by employer, unless employer can demonstrate the accommodation would impose an undue hardship on the ordinary operation of the business of the employer. Employer cannot force employee to accept accommodation.  Notice of employee’s right must be posted in a conspicuous place and included in employee handbook. Copyright 2015 by Hauser Izzo, LLC 6

7. PERSONNEL  PREGNANCY DISCRIMINATION – P.A. 98-1050 (P.A. 98-1050, eff. 1-1-15)  “Reasonable accommodations" - reasonable modifications or adjustments to the job application process or work environment, or to the manner or circumstances under which the position desired or held is customarily performed, that enable an applicant or employee affected by pregnancy to be considered for the position the applicant desires or to perform the essential functions of that position, including but not limited to:  more frequent or longer bathroom breaks  breaks for increased water intake or periodic rest  private non-bathroom space for expressing breast milk and breastfeeding  Seating  assistance with manual labor  light duty  temporary transfer to less strenuous or hazardous position  provision of accessible worksite  acquisition or modification of equipment  job restructuring  part-time or modified work schedule  appropriate adjustment or modifications of examinations, training materials, or policies  reassignment to a vacant position  time off to recover from conditions related to childbirth  leave necessitated by pregnancy Copyright 2015 by Hauser Izzo, LLC 7

8. PERSONNEL AND PREGNANCY DISCRIMINATION (P.A. 98-1050, eff. 1-1-15)  “Undue hardship” – an action that is prohibitively expensive or disruptive when considered in light of:  the nature and cost of the accommodation needed  the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at the facility, the effect on expenses and resources, or the impact otherwise of the accommodation upon the operation of the facility  the overall financial resources of the employer, the overall size of the business of the employer with respect to the number of its employees, and the number, type, and location of its facilities  the type of operation or operations of the employer, including the composition, structure, and functions of the workforce of the employer, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer  Employer has burden of proving undue hardship.  No employer is required to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation.  Employer is not required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job, unless the employer does so or would do so to accommodate other classes of employees who need it. Copyright 2015 by Hauser Izzo, LLC 8

9.  FINE-TUNING ON RIF RECALL RIGHTS (P.A. 98-0648, EFF. 7-1-14)  Original Senate Bill 7 deprived all Grouping 2 teachers of recall rights.  Now Grouping 2 teachers with one “needs improvement” on either of last 2 evaluations have recall rights (other evaluation cannot be “unsatisfactory”).  Applies to vacancies from the beginning of the following school term through February 1 of the following school term (unless a later date later no more than 6 months from the beginning of the following school term, is established in a collective bargaining agreement)  Applies to teachers removed or dismissed by honorable dismissal during the 2013-2014 school year.  Order of recall must be in inverse order of dismissal, unless an alternative order of recall is established in a collective bargaining agreement or contract. Copyright 2015 by Hauser Izzo, LLC9

10. EAVESDROPPING LAW  ILLINOIS CRIMINAL STATUTE  Criminalized recording any conversation without consent of all parties.  Declared unconstitutional by Supreme Court.  Controversial for interactions with police.  AMENDED STATUTE – (P.A. 98-1142, eff. 12-30-14)  Restores criminal prohibition, but limits to “surreptitious” recording of “private conversations.”  IMPLICATIONS FOR SCHOOL SURVEILLANCE? Copyright 2015 by Hauser Izzo, LLC 10