ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education...more
In recent months, OCR has reached resolution agreements with a school district and two universities after investigating complaints of discrimination and harassment based on ancestry or ethnicity, including allegations...more
7/12/2024
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Colleges ,
Compliance ,
Discrimination ,
Educational Institutions ,
Employees ,
Ethnicity ,
Harassment ,
Hostile Environment ,
OCR ,
Race Discrimination ,
School Districts ,
Students ,
Title VI ,
Universities
We wanted to share a quick update that the final Title IX rules are now set to be released sometime in March 2024. The Office of Information and Regulatory Affairs (OIRA) just updated the final release dates on the...more
On June 29, 2023, in the highly anticipated cases Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the U.S. Supreme Court held that the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
Governor Pritzker’s disaster proclamation, declaring a public health emergency due to COVID-19, ends today, May 11, 2023. As a result, COVID-leave rights, and other rights contingent upon the Governor’s public health...more
5/11/2023
/ Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
Employees ,
Employer Liability Issues ,
Illinois ,
Leave of Absence ,
New Guidance ,
Open Meetings Act ,
Paid Time Off (PTO) ,
Public Health Emergency ,
Remote Learning ,
Students ,
Teachers ,
Workplace Safety
On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity....more
4/17/2023
/ Biden Administration ,
Department of Education ,
Education Reform ,
Educational Institutions ,
Federal Funding ,
Gender Discrimination ,
Gender Identity ,
OCR ,
Proposed Rules ,
Public Schools ,
Regulatory Agenda ,
Sports ,
Student Athletes ,
Students ,
Title IX ,
Transgender
In a previous alert, we announced that the Illinois State Police (ISP) would be transitioning to accepting clear and present danger reports from school officials through its online Law Enforcement Portal. To make reports on...more
The Illinois State Police (“ISP”) has rolled out its new Law Enforcement Portal where school administrators can submit reports of individuals who pose a clear and present danger. In order to use the portal, the ISP has shared...more
Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the...more
Happy New Year from the Title IX team at Franczek! Over the next several posts, we will be providing Title IX updates from the end of 2022 that you might have missed, as well as noteworthy items to keep an eye on in 2023. ...more
The Biden Administration has recently taken steps through agency guidance, rulemaking and decision-making to highlight protections for students and employees with pregnancy-related conditions, including abortion, under the...more
10/25/2022
/ Abortion ,
Dobbs v. Jackson Women’s Health Organization ,
Educational Institutions ,
Healthcare ,
New Guidance ,
OCR ,
Pregnancy ,
Reproductive Discrimination ,
Roe v Wade ,
SCOTUS ,
Students ,
Teachers ,
Title IX
Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including...more
9/22/2022
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Educational Institutions ,
Employees ,
Federal v State Law Application ,
Gender Identity ,
LGBTQ ,
OCR ,
Regulatory Reform ,
Sex Discrimination ,
Sexual Harassment ,
Students ,
Title IX ,
Transgender
Recent court and OCR decisions regarding transgender students and employees reflect widely varying responses to the Biden administration’s efforts to expand protections for LGBTQ+ individuals under federal law, including...more
9/20/2022
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Educational Institutions ,
Employment Litigation ,
Executive Orders ,
Federal v State Law Application ,
LGBTQ ,
OCR ,
Sex Discrimination ,
Sexual Harassment ,
Transgender
Governor Pritzker recently signed two bills into law, expanding accessibility and flexibility within special education. The first, Public Act 102-0703 (House Bill 4365), allows IEP teams to place students at non-ISBE-approved...more
You may have noticed while skimming through the new Title IX proposed regulations that there are now seemingly two grievance procedures to address Title IX complaints instead of one. You’ll recall that the current 2020...more
7/1/2022
/ Biden Administration ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender Identity ,
Gender-Based Violence ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sexual Violence Policies ,
Students ,
Title IX
On Monday June 27, the Supreme Court issued their ruling in the case Kennedy v. Bremerton School District. (We previously reported on this case.) In a 6-3 decision penned by Justice Neil Gorsuch, the conservative majority...more
6/29/2022
/ Adverse Employment Action ,
Coaches ,
Constitutional Challenges ,
Educational Institutions ,
Employment Discrimination ,
Establishment Clause ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Kennedy v. Bremerton School District ,
Prayer ,
Public Employees ,
Religious Expression ,
School Districts ,
SCOTUS ,
The Lemon Test
Yesterday, the Biden administration released its highly anticipated proposed Title IX regulations on the 50th anniversary of the passage of Title IX. The Department also released a fact sheet on the draft rule as well as the...more
6/24/2022
/ Biden Administration ,
Colleges ,
Educational Institutions ,
Gender-Based Violence ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
This week, we celebrate the 50th anniversary of Title IX, the landmark legislation signed into law on June 23 as part of the Education Amendments of 1972. Consisting of a mere 37 words—“No person in the United States shall,...more
The 7th Circuit Court of Appeals confirmed that school districts may only be liable for employee sexual misconduct when a school official has actual notice of the conduct. In C.S. v. Madison Metropolitan School District, the...more
5/27/2022
/ Child Abuse ,
Child Protection Laws ,
Educational Institutions ,
Employee Misconduct ,
Grooming Policies ,
Illinois ,
Minor Children ,
School Districts ,
Sexual Abuse ,
Sexual Conduct ,
Students ,
Teachers ,
Title IX ,
Vulnerable Victims
School district practices on referrals to local law enforcement for student misconduct in schools are facing intense scrutiny in the wake of the ProPublica investigation reported these past weeks in the Chicago Tribune. ...more
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 release their proposed...more
3/16/2022
/ Biden Administration ,
Colleges ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...more
2/24/2022
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disabilities ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
Health and Safety ,
IDEA ,
Illinois ,
Infectious Diseases ,
Masks ,
Policies and Procedures ,
Reasonable Accommodation ,
Section 504 ,
Students ,
Teachers ,
Workplace Safety
The Office for Civil Rights in the Department of Education recently issued a new Fact Sheet. The Fact Sheet repeats prior guidance that “the responsibility for schools to comply with Section 504 continues regardless of how...more
Just before midnight yesterday, the Appellate Court issued its decision on the appeal of the February 4, 2022 TRO enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. With...more
2/18/2022
/ Appeals ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Mootness ,
Personal Protective Equipment ,
Risk Mitigation ,
School Policies ,
Students ,
Teachers ,
TRO ,
Workplace Safety
Since yesterday, there have been many reports about the Joint Committee on Administrative Rules (JCAR) vote against extending IDPH Emergency Rules regarding masking, vaccine and testing requirements in schools. This has...more
2/16/2022
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Quarantine ,
School Policies ,
Students ,
Teachers ,
Vaccinations ,
Virus Testing ,
Workplace Safety