New Laws for the Upcoming School Year

by Maureen A. Lemon

Our annual School Law Conference takes place on September 11, 2024 from 8 a.m. – noon in Lisle. We will provide a comprehensive summary of federal and State changes which impact your schools at that time. Registration details are available on our website. In the meantime, we want to share some important legal updates as you prepare for the 2024-2025 school year.

A book with a tree growing out of it Description automatically generatedRacism-Free Schools Law (P.A. 103-0472)

Effective August 1, 2024, several Illinois statutes were amended to further protect students from discrimination and harassment in schools on the basis of actual or perceived race, color, or national origin. The Illinois Human Rights Act (IHRA) adds a new prohibition in elementary, secondary, or higher education against harassment, defined as any unwelcome conduct toward a student on the basis of “the student’s actual or perceived race, color, religion, national origin, ancestry age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service that has the purpose or effect of substantially interfering with a student’s educational performance or creating an intimidating, hostile or offensive educational environment.”

A new section 22-95 was added to the Illinois School Code, 105 ILCS 5/22-95, that requires all Illinois schools to maintain a written policy that prohibits discrimination and harassment on the basis of actual or perceived race, color, or national origin, and retaliation. The policy must include:

  1. descriptions of various forms of unlawful harassment and discrimination, including examples;
  2. the district’s internal process to file a complaint;
  3. an overview of the district’s program to prevent and respond to such complaints;
  4. potential remedies for a violation of the policy;
  5. a prohibition on retaliation for making a complaint or participating in an investigation;
  6. the legal recourse available through the Illinois Department of Human Rights (IDHR) and federal agencies; and
  7. directions on how to contact the IDHR.

Each district’s prevention and response program must include procedures which:

  1. Reduce or remove barriers to reporting discrimination, harassment, and retaliation;
  2. Permit anyone who reports an alleged incident to be accompanied by a support individual of their choice;
  3. Permit anonymous reporting;
  4. Offer remedial interventions or disciplinary actions on a case-by-case basis;
  5. Offer, but not require, the option to resolve allegations directly with the accused; and
  6. Protect a person who reports or is a victim of an incident of harassment or retaliation from suffering adverse consequences as a result of their involvement in the matter.

The district must educate its employees, students and parents about the policy. The policy must be posted on the District’s website if one exists, posted in a prominent and accessible location and distributed to all employees, and published in student handbooks. Additionally, districts must annually distribute a summary of the policy in accessible, age-appropriate language to students and parents in their native language.

A new section will be added to the IHRA, 775 ILCS 55A-103, that will require school districts to train new employees and current employees on a 2-year rotation on the prevention of discrimination and harassment based on race, color and national origin. School districts may use the free model training program that is being developed by the IDHR or another program that equals or exceeds the content of the model training program. Among its many attributes, the model program regards participants as potential bystanders rather than potential offenders; explains the difference between discrimination based on disparate treatment and that based on disparate impact; and explains the difference between harassment and bullying.

Office for Civil Rights Title VI Facts Sheet

On July 2, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) published a fact sheet summarizing schools’ obligations to protect students from discrimination and harassment under Title VI of the federal Civil Rights Act of 1964.

The Title VI fact sheet addresses the same topics and is a good resource for schools as they develop and implement their policy under the Racism-Free Schools Law.

Cardiac Emergency Response Plan (P.A. 103-0608)

Effective January 1, 2025, the School Safety Drill Act will be amended by adding a new section 60 that requires school districts to develop a cardiac emergency response plan. 105 ILCS 128/60. The plan, based on guidelines of the American Heart Association or other nationally recognized, evidence-based standards, must address the appropriate response to incidents involving an individual experience sudden cardiac arrest or a similar life-threatening emergency while at a school or school-sponsored activity or event. The plan shall include, at a minimum:

  1. Procedures to follow in the event of a cardiac emergency;
  2. A listing of every automated external defibrillator (AED) that is present and clearly marked or easily accessible at school athletic venues and events and at school, including the maintenance schedule for such devices;
  3. Information on hands-only cardiopulmonary resuscitation (CPR) and use of automated external defibrillators to teachers, administrators, coaches, assistant coaches, and other school staff identified by school administrators.

The plan, which must be distributed to all teachers, administrators, school support personnel, coaches, and other school staff identified by school administrators, is to be reviewed as part of the school district’s annual review of each school building’s emergency and crisis response plans, protocols, and procedures. 105 ILCS 128/25.

Additionally, beginning in the 2025-26 school year, school districts will be required to provide, no later than 30 days after the first day of each school year, all teachers, administrators, and other school personnel as determined by school officials, information regarding emergency procedures and life-saving techniques, including, without limitation, the Heimlich maneuver, hands-only CPR, and use of the school district’s AEDs. 105 ILCS 110/3.

ANCRA Mandated Reporting (P.A. 103-0624)

Effective January 1, 2025, two changes will impact school activity under the Abused and Neglected Child Reporting Act, 325 ILCS 5/ . The first change affects the final “indicated” finding report that is sent to the school of a child who is the indicated victim of child abuse. If the indicated finding is overturned in an appeal or hearing, DCFS shall request that the final finding report be purged from the student’s record. Currently, school districts must return the purged report to DCFS. Effective January 1, 2025, school districts will not be required to return the final finding report that has been purged from the student’s school student record.

Second, mandated reporters will no longer have to confirm reports made to the DCFS hotline in writing to the appropriate Child Protective Services Unit within 48 hours of the initial report. 325 ILCS 5/7. However, we strongly recommend that you maintain an internal system through which staff members complete a thorough summary of the facts justifying their initial report. This record-keeping will protect your staff against allegations of making false reports as well as support your staff’s recall if they are required to testify in a DCFS matter.