More than 30 years of experience representing school organizations

Hansen & Cleary is dedicated to providing comprehensive, strategic legal counsel to private schools, nonpublic special education schools, public charter schools, non-profit agencies, and other mission-driven organizations. We understand the unique regulatory, governance, and operational challenges these institutions face, and we partner closely with our clients to deliver practical, forward-thinking solutions. From student issues to risk management, compliance, and institutional policy development, we offer tailored guidance designed to protect our clients’ interests while supporting their long-term goals. Our approach is collaborative and responsive, ensuring that each organization we serve is equipped to navigate complex legal landscapes with confidence and clarity.

  • DCFS – Illinois Department of Children and Family Services investigations regarding allegations of abuse or neglect of parents or staff; mandated reporting obligations pursuant to the Abused and Neglected Child Reporting Act (ANCRA); requests from DCFS to interview students or staff
  • School Records Requests and Subpoenas – Requests from parents or third parties for school records; responding to subpoenas seeking records or testimony; drafting of releases and records requests
  • Illinois State Board of Education Investigations – Restraint/Time Out complaints, employee investigations, special education compliance
  • Special Education – Section 504 and IEP meetings; student file reviews; compliance with state and federal laws; applicability of Americans with Disabilities Act, Section 504 and the IDEIA
  • Student Discipline – Suspensions and expulsions
  • Bullying and Title IX Investigations
  • Grievance Complaints
  • Parent Comportment
  • Forms, Policies, and Handbook Drafting – Review of staff and student handbooks, policy drafting and form reviews and revisions, third party vendor contract review
  • In-Service Training – Staff trainings in the areas of mental health law, confidentiality, mandated reporting, school records, ADA/Section 504, and the intersectionality of state and federal laws
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Some of the many legal questions we can help you with:

The proper response to a subpoena often requires legal counsel needing to review the subpoena to ensure its compliance with state or federal law as well as a conversation with the attorney issuing the subpoena. Often, records or testimony should not be provided until legal counsel has been consulted.

In a divorce or child custody proceeding, parents are generally entitled to obtain a broad range of school records and information concerning their child, including academic records (such as report cards, transcripts, attendance, and test scores). It is imperative to consult your school’s handbook to ensure proper compliance with any records requests. Pursuant to Illinois law, both parents typically have equal rights to access these records unless a court order or order of protection provides otherwise, and schools may be required to produce such information in response to a formal request or subpoena for use in family law matters. Contact us to discuss your responsibilities in greater detail.

We assist schools in developing and reviewing their handbooks, forms, policies, and enrollment agreements/contracts. A well-drafted student handbook can support consistency and clarify expectations for faculty, students, and parents/guardians. It should be used in conjunction with proper recordkeeping, legally compliant policies, and, where necessary, formal agreements or procedures to ensure the school’s needs are fully met. Contact Hansen & Cleary to discuss your school’s student handbook.

When a private school in Illinois receives a grievance against one of its employees, it should respond promptly and consistently with its internal policies, ensuring a fair and well-documented process. The school should follow the procedures outlined in its handbook and applicable law, particularly where the grievance may implicate obligations under state or federal law. Careful documentation at each stage is critical to ensure transparency, mitigate risk, and support the school’s position if the matter escalates. Hansen & Cleary provides guidance to our clients throughout all stages of the grievance process, including acknowledging the complaint, conducting a thorough and impartial investigation (including interviews and a review of relevant records), and maintaining appropriate confidentiality to the extent possible.

Not all state and federal laws apply to private schools in Illinois in the same manner or to the same extent as they do to public schools. Private schools are generally subject to certain federal laws, particularly those tied to federal funding or broadly applicable civil rights protections, but they are often exempt from many state statutes and regulations that govern public school operations, curriculum, and administration. For example, while federal laws such as Title VI of the Civil Rights Act of 1964 and Americans with Disabilities Act may apply in certain circumstances, other laws like the Individuals with Disabilities Education Improvement Act and Section 504 of the Rehabilitation Act, primarily impose obligations on public school districts rather than private institutions. In Illinois, private schools must still comply with basic health, safety, and nondiscrimination requirements, but they retain greater autonomy over their policies and practices unless specific legal provisions or funding conditions dictate otherwise.

We welcome the opportunity to discuss the particulars of your circumstance and look forward to the opportunity to support your organizational goals.

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