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Legal Watchlist for 2025

Education General

The start of a new year may prompt questions regarding hot button areas of the law in flux. We have received questions about several such issues and what they mean for educators. Title IX, immigration enforcement, and school choice top the list. Our team at Franczek will continue to provide updates on any federal and state legal developments in these and other education law areas that may impact your schools. Franczek attorneys will also address these and other topics at a webinar hosted by the Illinois Association of School Administrators in early February.

Title IX: Based on a recent federal court decision, the 2024 Title IX regulations are vacated. This decision is subject to appeal and may be reversed by a higher court, though any appeal may be rendered moot if the incoming presidential administration rescinds the 2024 Final Rule as it previously indicated it would. Notably, the Office of Civil Rights has already referred to the 2024 Final Rules as being no longer effective in this January 2025 Title IX guidance regarding online harassment.

Based on this decision and barring further legal developments or administrative action, education institutions will no longer be required to follow the 2024 Title IX regulations. It is still unclear whether this decision will impact protections based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity under the previous regulations. The new administration’s position on this, as well as potential further court developments, will be critical to determining next steps for educators.

Because litigation on Title IX issues across the country remains fluid and we anticipate additional changes with the imminent change in presidential administrations, schools should continue consulting with their legal counsel regarding your legal obligations under Title IX. We will continue to closely monitor any activity and provide updates on the Title IX regulatory and litigation landscape. For further guidance specific to your school, please contact us.

Immigration Enforcement on Campus: Longstanding guidance within both U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection classifies schools, including K-12 and vocational schools, colleges, and universities, as “sensitive locations” where there is caution against carrying out enforcement actions due to the negative impact on individuals and communities.

Several laws are implicated should there be a change in practice and federal agencies seek to carryout enforcement on campuses. For example, a student’s immigration status does not change the protections under the Family Educational Rights and Privacy Act (FERPA) and the Illinois School Student Records Act (ISSRA), which limit information sharing. Information requests regarding students and their families, including from federal agencies, should be done only consistent with these laws. If a Federal agent or officer arrives on campus seeking information about students and that request would cause a school official to disclose information in violation of FERPA or ISSRA, the school should contact its legal representation for further guidance. Legal counsel can provide support on schools’ requirements for responding to federal agency inquiries or visits. For specific guidance about these and other related legal considerations, please contact your Franczek attorney.

School Choice: At present, approximately thirty-three (33) states have laws governing school choice, although there is no nationally governing law. Illinois previously offered a tax-credit for funding of scholarships and an individual tax credit for educational expenses for students attending private schools however both have since lost funding and are no longer in effect.

In September 2024, the U.S. House of Representatives advanced a bill out of committee which would guarantee parents the right to choose which school their child attends (whether public, private, home-school, or charter) through the implementation of tax credit towards the cost of tuition, curriculum, books, online education materials, and more for parents up to 10% of their adjusted gross income, and a similar bill is in committee in the Senate. However, neither bill has passed at present. Information on priorities for the new administration suggests the creation and implementation of a tax incentive for programs which help fund for private school tuition. Early reports state such an initiative would not send federal funds directly to private schools but, supporters say, would likely increase the ability of parents to send their students to private schools.

Although there has been no nationwide expansion of school choice, or implementation of a tax credit of any kind, any such changes could have implications for non-public school, charter school and school districts throughout the state. Franczek will monitor potential developments in this area and provide updates as applicable.

State Legislative Changes: We recently shared our legislative update summarizing new state laws affecting schools. We will continue to monitor additional state legislative developments moving forward and provide updates as they are available. For questions about these updates, please contact your Franczek attorney.

As a reminder, Franczek is here to support you with updating your school’s Title IX policy and procedures, as well as supporting your team with questions regarding immigration enforcement school choice, and other questions regarding state and federal developments in education laws and policies. If you have any questions on how best to navigate these topics, please contact a member of our Franczek Team listed below, or any other Franczek attorney.