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ISBE Postpones Gender Identity and Sexual Orientation Data Reporting Requirements

The Illinois State Board of Education (“ISBE”) has announced that it is postponing its implementation of Public Act 102-0543, which requires ISBE to collect and report student sexual orientation, gender, and sex data. As a...more

Title IX Refresher Series Part II: The Title IX Investigator

We recently launched a multi-part series where we are providing a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to publicly release their...more

Masking Mandates Lifted

Schools and districts throughout the State – and country – are beginning this school week on the heels of a flurry of announcements made last Friday by the CDC, the Illinois Supreme Court, Governor Pritzker and ISBE,...more

Third Circuit Finds that Deliberate Indifference to Third-Party Conduct May Lead to Title IX Liability

In January, the U.S. Court of Appeals for the Third Circuit affirmed that Title IX provides adequate notice to federal funding recipients of their responsibility to respond to known sexual harassment if they have control over...more

New Title IX Series: Refresher on the Roles and Responsibilities of Your Title IX Team

As we noted in our last blog post, the Biden administration recently announced plans to propose amendments to the Title IX regulations by April 2022. While this deadline is fast approaching, before you start thinking about...more

Governor, IDPH, and ISBE Shorten Isolation and Quarantine Timeframes and Release Updated Guidance Documents

After announcing last week its plans to adopt the CDC’s new recommended shortened timeframes for exclusion, the IDPH and ISBE released several new guidance documents making such changes. The new guidance documents, as well as...more

Biden Administration to Propose New Title IX Rules by April 2022

As a presidential candidate, now-President Biden promised that he would put a “quick end” to the Trump administration’s 2020 Title IX rules. Aiming to keep that promise, the Department of Education announced  its intention to...more

Illinois Passes New Legislation to Support Students Who Are Parents, Expectant Parents, or Victims of Domestic or Sexual Violence

Governor Pritzker recently signed into law Public Act 102-0466 (House Bill 3223), which makes changes and additions to the School Code to support students who are parents, expectant parents, or victims of domestic or sexual...more

2021 Legislative Update Summary of Changes in School Law

GENERAL  - Public Act 101-0654 - Education Omnibus Bill - Effective: March 8, 2021  Enacts multiple changes in Illinois public schools, workforce, and higher education. Among these changes include the following:...more

Governor’s Executive Order Requiring Exclusion of Students and School Personnel

Late Friday, Governor Pritzker issued Executive Order 2021-24 requiring schools to exclude students and school personnel for COVID-19 diagnosis, exposure, or symptoms. School districts, not the local health department, are...more

Governor Pritzker Orders Universal Masking in All PreK-12 Schools

Focused on providing a safe learning environment for in-person instruction, Governor Pritzker announced that all individuals in all PreK-12 schools and daycare settings in Illinois must wear a mask when indoors, regardless of...more

CDC Issues New Masking Guidance One Day After ISBE/IDPH Guidance Confirms Local Flexibility for Mitigation Measures in Schools

In a new FAQ issued, the Illinois State Board of Education (ISBE) and Illinois Department of Public Health (IDPH) confirm that the adoption of the CDC’s July 9 guidance means local control of mitigation layers—most...more

OCR Issues Q&A on Title IX Regulations on Sexual Harassment

Tuesday, the U.S. Department of Education’s Office for Civil Rights (OCR) issued new, anticipated guidance concerning the Department’s current regulations related to sexual harassment. The guidance, titled Questions and...more

Department of Education Releases COVID-19 Handbook for Higher Education

The U.S. Department of Education recently released Volume 3 of its COVID-19 Handbook, which provides higher education institutions with strategies for reopening for in-person instruction and implementing the most recent CDC...more

OCR Issues Request for Information Regarding Nondiscriminatory Administration of School Discipline

Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more

Governor Updates Order Regarding Return to In-Person Learning

Earlier last week, on June 1, 2021, Governor J.B. Pritzker re-issued and amended Executive Order 2020-47 to provide more flexibility to preK-12 schools seeking to offer full-time in-person instruction. The order allows...more

The Question of the Hour: Will there be remote learning this fall?

Yes, but not like last fall. On May 19, 2021, the Illinois State Board of Education adopted a Resolution Supporting In-Person Learning. The Resolution points to a definite shift to return the vast majority of students to...more

United States Supreme Court Hears Argument in Historic Student Speech Case

Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online. ...more

Q&A: What the U.S. Department of Education’s new Clery Act Appendix Really Means for Colleges’ and Universities’ Clery Act...

Recently, the U.S. Department of Education (ED) replaced the 2016 Clery Act Handbook (Handbook) with the new Clery Act Appendix for FSA Handbook (Appendix). The Appendix rescinds previous ED guidance interpreting Clery Act...more

Coming Soon? Districtwide COVID-19 Testing for K-12

COVID-19 saliva tests have been used as one tool to slow the spread of coronavirus—notably on college campuses. Soon, several saliva tests will be available to K-12 schools. The availability of such tests prompts several...more

IDPH and CDC Update Guidance on School Exclusions and Close Contacts

The Illinois Department of Public Health (IDPH) has again updated its COVID-19 Interim Exclusion Guidance as well as its general Interim Guidance for Pre-K-12 Schools. The updated guidance documents include several revisions,...more

IDPH Updates FAQ and Exclusion Guidance for COVID-19 Cases in Schools

The Illinois Department of Public Health (IDPH) updated its COVID-19 FAQ and Exclusion Guidance last week. As we previously reported, the IDPH released Frequently Asked Questions (FAQ) for schools in August to supplement but...more

They’re Finally Here: U.S. Department of Education Issues Title IX Regulations

After almost one-and-a-half years since issuing its original proposed rule, the U.S. Department of Education has issued final Title IX regulations effective August 14, 2020. Although analyzing the changes will take some time,...more

Lemons into Lemonade: 4 Coronavirus Shutdown Tasks to Prepare for Title IX Rules

Despite efforts by schools and advocacy organizations, state attorneys general, and members of Congress and the Senate, the Department of Education’s proposed Title IX rules reportedly have cleared Office of Management and...more

Key Reminders on Student Enrollment, Discipline, Records, and Special Education During School Closures

As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more

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