In this Issue:

The Best Interest Determination in School Selection for Homeless Children. School districts must provide educational services to homeless children in accordance with the Illinois Education for Homeless Children Act (EHCA), and the federal McKinney-Vento Homeless Assistance Improvements Act of 2001 (the "McKinney Act"). Both laws allow a homeless student to claim residency in either the school district in which the student temporarily is located or in the district in which s/he last resided before becoming homeless (school of origin).

Automated External Defibrillators Have Arrived. The much anticipated Illinois law requiring the availability of automated external defibrillators ("AED") in qualifying indoor physical fitness facilities takes effect January 1, 2005. The law is limited to facilities owned or operated by park districts; public or private schools; colleges, universities or trade schools; municipalities and other local governmental entities who employ persons to instruct or supervise activities in the facility. Included in the definition of an indoor physical fitness facility are: indoor swimming pools, stadiums, athletic fields, track and field facilities, tennis courts, basketball courts, volleyball courts, or any facility adjacent thereto and any other indoor facility focusing on cardiovascular exertion. Outdoor facilities are excluded from the law as are facilities which serve less than 100 persons (total) or are located in a hospital or hotel/motel.

QUICK TAKES - New legislation

Students, Curriculum, General Business, NCLB Implementation, Board, Employees, General Administration.

New Regulations Highlight Need For Changes to COBRA Notices and Summary Plan Descriptions. The U.S. Department of Labor recently issued final regulations under COBRA that change the notices employers are required to make to employees and dependents covered by a group health plan and eligible for continuation coverage. Governmental health plans are not ERISA Welfare benefit plans and thus are not subject to ERISA’s COBRA provisions, including the new final regulations. These regulations, however, do apply to independent schools and other non-profit entities.

This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.