5 ILCS 120/2(c)(10)
OMAPlacement of individual students in special education
Placement of individual students in special education
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0 upheld (no violation found) · 1 rejected (violation found) · 1 partial violation, out of 2 documents.
Not legal advice, and not a per-exemption ruling — this reflects each document's overall disposition. See the FAQ disclaimer.
How the Public Access Counselor has treated 5 ILCS 120/2(c)(10)
Section 2(c)(10) of the Open Meetings Act permits a public body to hold a closed meeting to consider the placement of individual students in special education. It is a narrow exception tied to that specific placement topic, not a general provision for student issues.
In the decisions reviewed, the Public Access Counselor applied the exception narrowly. School boards were found to have violated the Act when they cited this exception to close meetings for student disciplinary cases, which fall under a different exception. In another matter, a village board was found to have violated the Act in part by failing to follow proper procedures for entering closed session and by discussing a matter outside the authorized exceptions.
At a glance: 2 documents from 2019 to 2023(0 binding opinions, 2 determination letters). Most often cited alongside: 5 ILCS 120/2(a) (Openness required) (1); 5 ILCS 120/2(c)(1) (Employee/contractor appointment, discipline, or performance) (1); 5 ILCS 120/2(c)(9) (Student disciplinary cases) (1); 5 ILCS 120/2(e) (Final action ban in closed session) (1).
Recurring issues
- School boards cited the special education placement exception to enter closed session for student disciplinary cases. (Closed-session discussions of student disciplinary cases)
- A board failed to follow proper procedures for entering closed session. (A village board's closed-session discussion of personnel matters)
- A board discussed in closed session a matter outside the scope of the authorized exceptions. (A village board's closed-session discussion of personnel matters)
Practical points
- Check that the subsection cited to enter closed session matches the actual topic to be discussed, as disciplinary cases were distinguished from special education placement.
- Ensure all required procedures for entering closed session are completed and documented.
- Limit closed session discussion to topics covered by the cited exception.
Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.