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
On April 25, the Supreme Court heard oral arguments in the case Kennedy v. Bremerton School District, which we previously reported on. As you may recall, the case involves a high school football coach, Joseph Kennedy, who was...more
6/9/2022
/ Adverse Employment Action ,
Coaches ,
Constitutional Challenges ,
Educational Institutions ,
Employment Discrimination ,
Establishment Clause ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Kennedy v. Bremerton School District ,
Oral Argument ,
Prayer ,
Public Employees ,
Religious Expression ,
School Districts ,
SCOTUS ,
The Lemon Test
Earlier this year, we launched a multi-part series where we provide 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
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
The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...more
5/17/2022
/ California ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Department of Education ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
OCR ,
Public Schools ,
Remote Learning ,
Section 504 ,
Special Education ,
Students
The U.S. Department of Education recently announced its intent to amend the regulations implementing Section 504 of the Rehabilitation Act of 1973 to “strengthen and protect rights for students with disabilities.” While the...more
5/17/2022
/ Americans with Disabilities Act (ADA) ,
Department of Education ,
Disabilities ,
Disability Discrimination ,
Educational Institutions ,
OCR ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
Rehabilitation Act ,
Section 504 ,
Students
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
In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more
4/26/2022
/ Disabled Children ,
Educational Institutions ,
Equal Protection ,
Negligence ,
School Districts ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Special Education ,
Students ,
Title IX
In February, we launched a multi-part series in which we provide 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
The COVID-19 paid leave law has raised both legal and practical questions for school administrators. To further assist with following the mandates of the law, we have prepared a model form that schools can use when receiving...more
In March, President Biden signed into law the Violence against Women Act Reauthorization Act of 2022 (VAWA), which Congress passed as part of the FY22 Omnibus appropriations bill. First passed in 1994 and reauthorized in...more
4/11/2022
/ Clery Act ,
Colleges ,
Educational Institutions ,
Gender-Based Violence ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities ,
VAWA
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
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
3/11/2022
/ Data Collection ,
Data Reporting ,
Educational Institutions ,
Gender Identity ,
ISBE ,
LGBTQ ,
Regulatory Requirements ,
Sexual Orientation ,
Student Privacy ,
Students ,
Transgender
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
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
2/28/2022
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Illinois ,
Infectious Diseases ,
ISBE ,
Masks ,
Personal Protective Equipment ,
Public Schools ,
School Districts ,
Students ,
TRO ,
Workplace Safety
In December, the Biden Administration announced that it plans to release new Title IX draft rules to the public by April 2022. Last week, the Department of Education Office for Civil Rights (OCR) provided an update on the...more
2/25/2022
/ Biden Administration ,
Education Reform ,
Educational Institutions ,
Gender Identity ,
Gender-Based Violence ,
Grievance Process ,
LGBTQ ,
OIRA ,
Regulatory Agenda ,
Sexual Harassment ,
Sexual Violence Policies ,
Title IX
In a highly anticipated decision earlier this month, OCR reaffirmed the broad discretion that religious institutions may have under the religious exemption in Title IX. ...more
2/22/2022
/ Dismissals ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
OCR ,
Religious Exemption ,
Religious Institutions ,
Religious Schools ,
Same-Sex Harassment ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX
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
2/22/2022
/ Appeals ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Third-Party ,
Title IX
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
2/8/2022
/ Biden Administration ,
Compliance Management Systems ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Employee Training ,
Proposed Amendments ,
Regulatory Agenda ,
Regulatory Requirements ,
School Safety ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Students ,
Title IX ,
Title IX Coordinator
Governor Pritzker recently signed Public Act 102-0676 (HB 1975) into law, which addresses sexual abuse prevention in schools. The new law is intended to address staff-student boundaries and appropriate professional conduct,...more
1/26/2022
/ Child Abuse ,
Child Protection Laws ,
Code of Conduct ,
Crime Victims ,
Educational Institutions ,
Governor Pritzker ,
Minor Children ,
New Regulations ,
Policies and Procedures ,
Public Acts ,
School Districts ,
Sexual Abuse ,
Sexual Assault ,
Sexual Conduct ,
Vulnerable Victims
Illinois Governor J.B. Pritzker released an official statement this week vetoing HB 2778 and announcing in its place a joint initiative reflecting a compromise with the Illinois Federation of Teachers, the Illinois Education...more
1/26/2022
/ Colleges ,
Coronavirus/COVID-19 ,
Governor Pritzker ,
Governor Vetoes ,
Infectious Diseases ,
Paid Leave ,
Paid Time Off (PTO) ,
School Districts ,
Teachers ,
Universities ,
Vaccinations ,
Wage and Hour
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
1/14/2022
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
ISBE ,
New Guidance ,
Public Health ,
Re-Opening Guidelines ,
Social Distancing ,
Students ,
Vaccinations ,
Virus Testing
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
12/14/2021
/ Biden Administration ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Rape ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
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
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
10/5/2021
/ Absenteeism ,
Child Abuse ,
Educational Institutions ,
FAFSA ,
Financial Literacy ,
Individualized Education Programs (IEPs) ,
ISBE ,
Naturalization ,
Policy Statement ,
Property Tax ,
Public Acts ,
Regulatory Reform ,
Sexual Abuse ,
Special Education ,
Students