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
The U.S. Supreme Court recently announced that it would again consider the role race plays in college admissions by taking up two cases where race-conscious admissions policies are at issue. ...more
In a rare binding opinion, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—issued a new binding...more
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
Over the summer, we reported on the passage of Public Act 102-0339, which aims to reduce and the use of time out, isolated time out, and physical restraint (referred to herein as “restrictive interventions”) in schools. ...more
1/26/2022
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Health and Safety ,
ISBE ,
Policies and Procedures ,
Public Acts ,
Regulatory Requirements ,
Restraints ,
Rulemaking Process ,
Students
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
New Guidance Documents: -
The Illinois State Board of Education (ISBE) and Illinois Department of Public Health (IDPH) recently issued the following updated guidance documents related to return to in-person instruction...more
9/28/2021
/ Contact Tracing ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
ISBE ,
New Guidance ,
Re-Opening Guidelines ,
Risk Mitigation ,
Screening Procedures ,
Students ,
Teachers ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Live hearings—the hallmark procedure and one of the most substantial changes under the 2020 Title IX regulations for higher education institutions—may be a thing of the past. This a possible result of the end of the...more
In a recent decision, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—found that a board of...more
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
Yesterday, a federal district court judge from the Northern District of Indiana denied the issuance of a preliminary injunction that would have halted Indiana University’s COVID-19 vaccine mandate for students. This decision...more
Two recent Illinois Appellate Court opinions provide public bodies clarity regarding the pre-decisional, attorney-client, and security measures exemptions of the FOIA. In the first case, Chicago Public Media v. Cook County...more
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
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
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
4/29/2021
/ Code of Conduct ,
Disciplinary Proceedings ,
Educational Institutions ,
First Amendment ,
Free Speech ,
Mahanoy Area School District v B.L. ,
Online Platforms ,
Oral Argument ,
Political Speech ,
SCOTUS ,
Snapchat ,
Student Speech ,
Students ,
Tinker v Des Moines Independent Community School Dist.
Due to the COVID-19 pandemic, many higher education institutions transitioned to remote instruction, causing students to attend classes online, move out of dorms, and forego the traditional college experience....more
This week, the U.S. Supreme Court declined to review a decision allowing transgender high school students to use bathrooms and locker rooms consistent with their gender identities. The High Court’s rebuff means the lower...more
12/10/2020
/ Bostock v Clayton County Georgia ,
Denial of Certiorari ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
School Restrooms ,
SCOTUS ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Transgender
Schools planning for students to return to campus in person this fall are confronting many significant challenges, including how to support students who may need physical restraint while also maintaining safe practices to...more
As you are all well aware by now, the U.S. Department of Education recently issued its final Title IX regulations. While we continue to wade through the over 2,000-page document issued by the ED (consisting of the new...more
5/21/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Non-Discrimination Rules ,
OCR ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Training Requirements ,
Universities
One of the biggest changes from the new Title IX regulations issued by the Department of Education last week is that, beginning in August 2020, OCR’s complaint findings will be based on standards very similar to those used by...more
5/20/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
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
5/8/2020
/ Colleges ,
Department of Education ,
Deregulation ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Regulatory Oversight ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
In a previous post, we forecasted further guidance from ISBE and the U.S. Department of Education to provide additional clarity for schools in regard to how to best serve students with disabilities during school closures as a...more