President Obama Signs Every Student Succeeds Act (“ESSA”) – Changes to Public Education Forthcoming

On December 10, 2015, President Obama signed the Every Student Succeeds Act (“ESSA”) into law. This Act will bring significant changes to public education, most notably, giving the states greater control over student achievement measures, particularly with regard to the lowest performing school. Additionally, it will afford school districts greater discretion in evaluating teachers and strategizing for their retention. In effect, ESSA will displace most measures put into place through No Child Left Behind (“NCLB”).

While some are celebrating (President Obama even noting that the bipartisan bill-signing was a “Christmas miracle”), others have expressed doubt that the effects of these reform efforts will be felt at the school-based level. While the effects of this act is yet to be seen, some of the most important changes brought forth by ESSA are outlined below:

  • Changes to testing and accountability requirements – Continues certain annual testing requirements (annual math and reading testing 3rd-8th grade, once at high school level) but encourages assessment using additional, broader measures; allows states to audit time spent on testing and create “targets” using federal funds; removes adequate yearly progress (“AYP”) requirements and replaces with state-created goals with interim reviews
  • Shifts greater authority to the states with regard to school evaluations and reform measures – (i.e. states can create their own accountability systems utilizing a range of statutory factors, considering factors beyond test scores; states can assign weight to factors, with some restrictions)
  • Removes sanctions and interventions prescribed by NCLB ­– States to identify school districts needing “comprehensive support and improvement” and implement a collaborative school improvement plan, engaging both the local educational agency and community stakeholders
  • Addresses early childhood education – Allocation of federal grant money to preschools with low-income populations through a Preschool Development Grant of up to $250 million each year.
  • Teacher Training and Development – Removes “highly qualified teacher” requirement imposed by NCLB and does not provide mandated teacher evaluation requirements; allows states and districts to utilize Title II funds for a range of teacher performance and development-related activities.

Over the course of the next year, we will continue to provide further information pertaining to the transition time table and implications for local school districts.

By: Laura M. Julien

If you have any questions concerning ESSA, or other school law issues, please contact Peter K. Wilson, Bernard K. Weiler, Jessica L. Briney, or Laura M. Julien, of Mickey, Wilson, Weiler, Renzi & Andersson, P.C., 2111 Plum Street, Suite 201, Aurora, Illinois 60506. Telephone Number:630-801-9699, or by E-mail at: pkw@mickeywilson.com; bkw@mickeywilson.com; jlb@mickeywilson.com; and lmj@mickeywilson.com.

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The “Berlin Wall of Steel:” What School Districts and Municipalities Can Learn From the Crystal Lake South High School Bleacher Case

Crystal Lake South High School made headlines this fall when the Illinois Supreme Court ruled that the school was required to follow the city zoning and storm water ordinances, despite the fact that it was a public school operating under the Illinois School Code. Significantly, this will likely result in the recently constructed 1.2 million dollar bleachers being torn down, pursuant to the Circuit Court’s 2014 order, which had been stayed pending appeal.

The lawsuit was initiated when residents, who owned properties abutting the football field (and the newly constructed bleachers), complained that the bleacher expansion project was unlawful and negatively impacted their property values (dubbing it the “Berlin Wall of Steel”). When the City of Crystal Lake learned of the project, it informed the school board that it must cease all construction activities until all of the city’s zoning, storm water, and permitting requirements were met. The school district ignored this directive, maintaining that as a school district engaging in construction activities on school property, it was exempt from municipal zoning provisions. As part of its response, the school district filed a third-party complaint against the City of Crystal Lake, seeking declaratory judgment on the issue of whether, as a public school district, it was subject to the city’s zoning and storm water regulations.

The Illinois Supreme Court found in favor of the city, holding that the school district was subject to both the city’s zoning and storm water ordinances. In its analysis, it disagreed with the school district’s characterization of Section 10-22.13a of the Illinois School Code (provision authorizing a school district to seek zoning changes). While the district contended that this section of the statute was permissive, rather than mandatory, the Court found that the district’s interpretation was unreasonable because it was not supported by the plain language of the statute. In furtherance of its analysis, the Court cited Wilmette Park District v. Village of Wilmette, 112 Ill. 2d 6 (1986) as analogous, noting “absent an explicit statutory grant of immunity, the mere fact that…a local unit of government, has a statutory duty…cannot be extended to support the inference that it can exercise its authority without regard to the zoning ordinance of its host municipality.”

The Court also rejected the school district’s contention that the Illinois School Code limited review of school construction plans to the provisions set forth in the “Health/Life Safety Code for Public Schools.” Again, citing the plain language of the statute, the Court found that while the Health/Life Safety Code established minimum construction standards for facilities, it did not conflict with the type of issues addressed in zoning, and therefore did not preempt the city’s zoning and storm water ordinances.

While the City of Crystal Lake is a home-rule municipality, the court’s analysis of the issue and its findings regarding the municipal authority to regulate zoning matters does not cite any authority that would exclude non-home rule municipalities from its holding.

By: Laura M. Julien

For more information on public land use and zoning matters, please contact Steven A. Andersson, Jessica L. Briney, or Laura M. Julien, of Mickey, Wilson, Weiler, Renzi & Andersson, P.C., 2111 Plum Street, Suite 201, Aurora, Illinois 60506. Telephone Number:630-801-9699, or by E-mail at: saa@mickeywilson.com; jlb@mickeywilson.com; and lmj@mickeywilson.com.