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ARTICLE · 30 MAY 2017

FOIA And Public Records: IHSA 3, BGA

Holland & Knight
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In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling...

United StatesLitigation, Mediation & Arbitration
Holland & Knight
Holland & Knight
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Mark Burkland is Senior counsel and Megan Cawley is an attorney in Holland & Knight's Chicago office

HIGHLIGHTS:

  • In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the Illinois High School Association (IHSA) is not a public body subject to the Freedom of Information Act (FOIA). Additionally, District 230 had no obligation to obtain or produce any IHSA records in response to an FOIA request.
  • It is clear now that the determination of whether an entity is a public body for purposes of the FOIA is controlled by the four-prong test in Better Government Association v. Illinois High School Association and High School District 230 (using the Rockford Newspapers, Inc. v. Northern Illinois Council on Alcoholism & Drug Dependence three-prong test and Hopf v. Topcorp, Inc. 256 Ill. App. 3d 887 (1993)).

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