AREAS OF PRACTICE
Education, Labor and Employment

CONTACT INFORMATION
Tel: 1.618.307.2011
Fax: 1.618.692.4122
Email:

BAR ADMISSIONS
Illinois, 1986

Merry C. Rhoades practices in the area of education law.  In her practice as an education law attorney, Merry regularly advises clients on all facets of school law, ranging from annexation and detachment matters to the termination of the tenured teacher to tax and finance matters. 

Merry is known throughout downstate Illinois for her work in the area of special education and student rights.   She has worked extensively with Illinois public school districts regarding the special education and related services provided to special needs students.  She has been asked to speak for organizations such as the Illinois Association of Administrators of Special Education (IAASE), the Illinois Association of School Administrators (IASA), the Illinois Principal’s Association (IPA) and the Illinois School Boards Association (IASB) on special education issues.  She also participates in the Illinois Council of School Attorneys' Special Education Concerns Committee.  Merry is also known for her insight regarding a school district’s obligations to students under Section 504 of the Rehabilitation Act and the Americans with Disabilities Amendment Act (ADAA).  She regularly guides school district clients through the ins and outs of meeting its obligation to students that are disabled.  Merry also works with school districts on a variety of other student-related matters, such as school district compliance with the Family Educational Rights and Privacy Act (FERPA) and the Illinois School Student Records Act (ISSRA), student drug testing policies, the short term suspension or expulsion of a student for misconduct, and investigating student misconduct. 

In addition to her work on student-related matters, Merry is also well-versed in the non-renewal of probationary employees, the termination of the educational support person and the dismissal of the long-standing tenured teacher.  Her experience includes providing up-to-date advice on employee due process rights when disciplining or terminating the school district employee. 

Because of Merry’s 20-plus years of experience in representing Illinois public school districts, she has key insights regarding the day-to-day operation of the school district.  That experience includes school district compliance with the Illinois Open Meetings Act (OMA), the Freedom of Information Act (FOIA), and other laws governing board of education operation. 

Merry has also assisted school districts in certain tax and finance matters.  She has assisted school districts in issuing tax anticipation warrants, obtaining a line of credit, and issuing state aid anticipation warrants.  Merry has also represented school districts in annexation/detachment hearings before the Regional Board of School Trustees and in all Illinois state courts, including the Illinois Supreme Court.  Most recently, Merry successfully represented several school districts in the first court challenge to the 1% School Facility Occupation Tax. 
 
Merry is an active member of several school related organizations.  She is a member of the Illinois Council of School Attorneys Executive Committee and currently serves as its 1st Vice Chairperson and a service member to the Illinois Association of School Administrators (IASA).  She serves as an Illinois Association of School Boards (IASB) PRESS advisory committee member. Merry was selected by David Herndon, Chief Judge for the United States District Court, Southern District of Illinois, to serve on the Southern District of Illinois' local rules committee. She has also been nominated by her peers as an Illinois Leading Lawyer.

EDUCATION

J.D., DePaul University College of Law, 1986

B.A., MacMurray College, 1983

PRESENTATIONS

• "Layoffs, RIFs & Non-Renewals", 13th Annual SIUC School Law Conference, October 14, 2009
• "Board Governance in 2010 and Beyond", Egyptian & Shawnee Divisions of IASB, October 2009
• "Review of Issues Surrounding Employee Accommodation Requests", 12th Annual SIUC School Law Conference, October 13, 2008
• "Special Education Discipline - A Review of the IDEIA'a Student Discipline", Alton CUSD No. 11 Middle School & High School Administrators, August 15, 2008
• "A Discussion of the Open Meetings Act", IASB Comprehensive Workshop for Board Presidents, May 5, 2007
• "Minimize Your Legal Risks", IASB/IASA/IASBO Joint Annual Conference, November 18, 2006

PUBLICATIONS

• Contributor, "Answers to FAQs: Conflict of Interest and Incompatible Offices", IASB FAQ
• Contributor, "Guidelines for Interviews of Students at School by Law Enforcement Authorities", IASB Web-published Guidelines, March 2009
• Contributor, "Guide to Illinois Statues Affecting Schools" 
• Co-author, "Issues of Faith: Balancing Religion in Public Schools", Illinois School Board Journal Cover Story, January/February Issue
• Co-author, "In Search of Klebold's Ghost - Investigating the Legal Ambiguities of Violent Student Profiling, West Education Law Reporter, 174 WELR 793, May 22, 2003
• Author, Special Needs Mediation, ALTERNATIVE DISPUTE RESOLUTION, Ill. Inst. for CLE 2001

PROFESSIONAL AFFLIATIONS

• The Illinois Bar Association
• Illinois Council of School Attorneys Executive Committee
  • Chairperson
• National Council of School Attorneys
• Southern District of Illinois' Rules Committee - Selection by David Herndon, Chief Judge for the United States District Court, Southern District of Illinois
• Illinois Leading Lawyers Network