School Law Legislative Update: New Laws in Effect in 2026

Happy New Year! As always, the team here at Franczek has been tracking laws impacting schools that have passed in the Illinois legislature over the course of the past year. Below we provide our annual Legislative Update, which addresses those laws and summarizes the changes affecting Illinois schools. The following alert highlights laws that were passed in 2025, some of which are already in effect and with which you may be very familiar, and others which will not take effect until this year (2026). We have noted, in red, laws that take effect as of January 1, 2026, about which educational entities should take particular note at the start of the new year. A PDF version of the “School Law Legislative Update: New Laws in Effect in 2026” is available here. The summary is also available below.

For a refresher on other new laws that went into effect for the 2024-2025 school year, please see our past alerts and webinars on various school law updates, including:

• Illinois Has Eliminated The School Code’s Mandate That Teacher And Principal Evaluations Include Student Growth As A Factor In Rating Performance
• Redefining the Line of Title IX: Reminder About Change to Sexual Assault Definition

ADMINISTRATIVE

P.A. 104-0162
Donations Towards School Construction Costs
Effective: August 15, 2025

This Public Act amends the Illinois Municipal Code. In any provisions concerning ordinances used to implement plans for the present and future development or redevelopment of a municipality, developer donations and impact fees may include amounts to pay for the costs of constructing a new school building. This will be true if the necessity of the new school building is specifically and uniquely attributed to the development or subdivision, and the affected school area certifies the costs and necessity.

PA 104-0261
Block Grants & Other School Financing
Effective: January 1, 2026

This Public Act amends the Holocaust and Genocide Commission Act to make changes concerning Commission members. First, the Act amends the School Code to provide that the State Board of Education shall have departments instead of divisions within the State Board. Second, the Act revises the general education block grant so that it no longer includes the K-6 Reading Improvement or 7-12 Continued Reading Improvement grants. Third, the Act revises the School Code to no longer require school districts to mandate the auditing firm for each district file with the State Board of Education no later than October 15 by the end of the fiscal year. Instead, the Act changes the requirement so that each school district must submit a copy of the Annual Financial Report and its audit to the regional superintendent in the educational service region on or before October 15 of each year. In addition to these funding changes, the Act also provides that all school-age English learners not enrolled in private school must participate in a transitional bilingual education program until those students achieve English proficiency to the point where they can perform successfully in classes taught fully in English. This changes the previous requirement, which required at least 3 years of the bilingual program or until they achieve English proficiency, whichever came first. Lastly, this Act prohibits school districts from transferring an English learner out of a transitional bilingual education program if the parent makes a written request not to do so.

P.A. 104-0435
Property Tax Relief Pool Grant Program
Effective: March 31, 2026

The Public Act amends the School Code to implement new data analysis requirements. The amendment provides that the Professional Review Panel shall make a report to the Governor and the General Assembly assessing the impact of the property tax relief pool grant program on the impact of Evidence-Based Funding. The purpose is to determine if the grant program is meeting the legislative intent of reducing property taxes in high tax areas of Illinois and whether additional property tax relief in such areas is necessary or viable.

P.A. 104-0452
Amendment to Property Tax Code Concerning Installment of Taxes
Effective: December 12, 2025

This Act amends the Illinois Property Tax Code by adjusting the first installment of the 2025 Cook County taxes deadline from March 1, 2026 to April 1, 2026. Based on the delayed issuance of the second installment of the Cook County tax bills on November 16, 2025, with a scheduled due date of December 15, 2025, the General Assembly extended the first installment due date for 2025 taxes by one month to provide taxpayers with additional time from the December 15, 2025 date for the prior second installment.

This change is only applicable to Cook County, and the Act did not impose any changes to deadlines for all other counties.

BOARD GOVERNANCE

P.A. 104-0438
New Changes to Public Transparency Laws
Effective: January 1, 2026

This Public Act modifies the Illinois Freedom of Information Act (“FOIA”), the Open Meetings Act (“OMA”), and the Local Records Act. Now, under the new language of the OMA, meetings may not be held or scheduled on election day. The amendment further provides that those who are prevented from physically attending due to the performance of active military duty as a service member have a permissible reason to attend a meeting remotely, if remote attendance is permitted by local policy. Finally, the new law permits representatives of regional associations, as opposed to only statewide associations, to lead a self-evaluation session for boards in closed session.

The Public Act amends both the FOIA and the Local Records Act by excluding junk mail from the definition of “public records.” As a result, public bodies will not be obligated to disclose “junk mail” in response to a FOIA request, nor assert an exemption for it. Another significant change includes the requirement that electronic FOIA requests must be submitted in their entirety in the body of the electronic submission. In the case of emails, this means that the FOIA request must be contained in the body of the email as opposed to being provided via an attachment or hyperlink. Public bodies that receive a FOIA request which requires it to open a hyperlink or attached file must notify the requester within 5 business days that the entirety of the electronic request must appear within the body of the electronic submission. Additionally, public bodies may now request verification as to whether a requester is a “person” as defined by the FOIA. To the extent that a public body has a “reasonable belief that a request was not submitted by a person,” it may require the requester to confirm either orally or in writing that the requester is actually a person within 5 business days after the public body receives the FOIA request. Finally, public bodies will now be required to post information related to FOIA requests on its website as opposed to posting this information at its administrative or regional offices.

P.A. 104-0385
Regional Office Services
Effective: January 1, 2026

This Public Act amends the Regional Superintendent of Schools Article of the School Code to allow the state to designate a regional office of education or an immediate service center as a learning partner in any iteration of statewide support. In other words, the Act allows for more localized services for schools that are identified for school improvement under 1) the accountability system identified in Section 2-3.25a of the Illinois School Code and 2) the definition for Targeted, Comprehensive, or Intensive under Section 2-3.25d-5 of the Illinois School Code. The Act further provides that the status of the learning partner may be revoked at the sole discretion of the State Superintendent.

Another provision of the Act amends the Educator Licensure Article of the School Code. It provides that, notwithstanding contradictory laws, individuals seeking short-term approval for school support personnel are not required to take the test of content area knowledge prior to the short-term approval issued. The criteria for “short-term” are defined in the rules.  

CURRICULUM

P.A. 104-0201
Artificial Intelligence in Illinois Community Colleges
Effective: January 1, 2026

This Public Act amends the Illinois Public Community College Act as it pertains to the use of artificial intelligence in instruction. Community college courses may not use artificial intelligence as the only source of instruction for students. Each course requires a faculty member who meets qualifying rules by the State Board. A faculty member may use artificial intelligence to augment course instruction. The Public Act applies only to public community colleges in the state.

P.A. 104-0266
Dual Language Education
Effective: January 1, 2026

This Public Act amends the School Code by adding the Dual Language Education Article. The Act requires that by December 15, 2026, the State Board of Education shall adopt comprehensive guidance for school districts on dual language education programs – both new programs and expanding on existing ones. The Act provides that this guidance must cover program structure, curriculum, instruction, assessment and accountability, staff quality and professional development, family and community engagement, and support and resources. Further, this Act requires that the State Board of Education integrates dual language education into the broader framework of student learning as an essential part of educational equity and excellence and has specific provisions related to recruitment, professional development and retention of bilingual educators. Finally, the Act requires the State Board of Education to establish recognition pathways for a student to achieve various biliteracy levels before high school.

P.A. 104-0387
Agriculture Education
Effective: August 15, 2025

This Public Act amends the agriculture education teacher grant program within the School Code.  A school district may apply for a grant to fund an amount not to exceed 50% of the personal services cost for an agriculture education teacher. The teacher must receive 100% of the compensation for 60 additional days. Finally, the Act amends 105 ILCS 5/27-22, which outlines courses required to receive a high school diploma. Specifically, the Act replaces “vocational education” with the broader “career and technical education” as one of the options high school students can choose from for the prerequisites to receive their high school diplomas.

P.A. 104-0389
Early Literacy Screener Reporting
Effective: January 1, 2026

This Public Act adds a section regarding early literacy screener reporting to the School Code. The Act provides that, on or before the 30th day of the 2026-2027 school year, each school district serving students in grades kindergarten through third grade shall report the following information: 1) any early literacy screeners used by the district in grades kindergarten through 3, including which skill areas the screener is intended to identify, 2) the grade level of students who are administered the early literacy screeners and 3) the frequency with which the early literacy screeners are administered to students, by grade, each year. The Act further requires the State Board of Education to report the data received to the Illinois General Assembly on or before January 1, 2027. The State Board’s report must be posted on its website no later than March 1, 2027.

P.A. 104-0391
Safety Education
Effective: August 15, 2025

This Public Act creates new requirements for school districts to administer safety education for its students. The Act creates Section 27-105 of the School Code, which requires all public schools to have instruction on recognizing the danger of and how to avoid abduction. The Act creates the Critical Health Problems and Comprehensive Health Education Act which, among other things, defines “comprehensive health education program” and, for any school program meeting that definition, establishes requirements for such programs including consent education and instruction in mental health and mental illness. The Act allows for parental opt outs for instruction in topics like AIDS, family life, and CPR or AED emergency training. Additional areas of curricula are now required under the Act including the requirement that all elementary and secondary schools provide instruction on basic first aid, heart disease, diabetes, stroke, and the prevention of child abuse, neglect, and suicide. The requirements of the Act pertaining to curriculum also provide that schools offer instruction on teen dating violence for students in grades 7 through 12. Finally, as it pertains to curriculum, school districts must provide instruction on the dangers of allergies for students in grades 9 through 12. The language of the Act stipulates that this information shall be provided by the Department of Public Health and the federal Centers for Disease Control and Prevention and must include a minimum of the following information: (1) recognizing the signs and symptoms of an allergic reaction, (2) steps to prevent exposure to allergens, and (3) safe emergency epinephrine administration.

Additionally, the Act prohibits discrimination, punishment, or penalization of a student because of unpaid fees or fines. This prohibition extends to the lowering of grades, exclusion from extracurricular activities, or withholding of records, grades, transcripts, or diplomas.

Further, the Act requires all public schools with grades kindergarten through fourth to include in the curriculum effective methods for prevention and avoidance of drug use, as well as the dangers of opioid and substance abuse.  For grades 5-12, the Act requires public school districts to provide classroom instruction on alcohol and drug use as well as substance abuse.

Finally, the Act creates new School Code requirements regarding online safety and media literacy. Starting in the 2027-2028 school year, the Act requires that all public schools adopt an age and developmentally appropriate curriculum for online safety instruction for students in grades 3-8. Likewise, beginning with the 2027-2028 school year, public schools must include a unit of instruction on media literacy and internet safety in their curriculum for students in grades 9 through 12.

ISBE

P.A. 104-0399
American Sign Language Implementation and Artificial Intelligence
Effective: January 1, 2026

This Public Act amends the School Code to require the State Board of Education, in consultation with stakeholders, to develop statewide guidance for school districts and educators on the use of artificial intelligence in elementary and secondary education by July 1, 2026. The Act allows the State Superintendent to convene stakeholders for statewide council to consult on the further development of guidance, resources, and other support for school districts and educators on the use of artificial intelligence in schools. 

The Act further requires the State Board of Education to encourage school districts to collect teaching resources to support American Sign Language programs no later than July 1, 2026. Relatedly, the Act requires the State Board of Education to post on its website the process that they, or any entity designated by the State Board, use to evaluate content area knowledge tests to determine content validity, an absence of bias, or the scores required to pass the test on or before July 1, 2026.

LABOR & EMPLOYMENT

P.A. 104-0020
Teacher Evaluations
Effective: July 1, 2025

This Public Act amends the School Code by changing what information schools may use to evaluate teacher performance. Beginning July 1, 2025, school districts will no longer be required to incorporate student growth data and indicators in rating teacher performance. Instead, a school district may, in good-faith cooperation with its teachers, incorporate the use of data and indicators on student growth as a factor in rating teaching performance. The Public Act removes the requirement to incorporate the use of data and indicators of student growth as a “significant” factor in the evaluation criteria.

P.A. 104-0076
Reasonable Break Time for Nursing Mothers
Effective: January 1, 2026

The Act amends the Nursing Mothers in the Workplace Act to provide that employers must compensate employees who use break time to express breast milk for their nursing infant child at the employee’s regular rate of compensation. The language of the Act further clarifies that employers are prohibited from requiring employees to use paid leave or reducing an employee’s compensation during this break time.

P.A. 104-0078
Military Funeral Honors Leave
Effective: August 1, 2025

The Act renames the Family Military Leave Act to the Military Leave Act and requires employers with 51 or more employees to provide certain employees with up to 8 hours per calendar month (up to 40 hours per year, or more if authorized by their employer or their collective bargaining agreement) to participate in a funeral honors detail. An employee qualifies for this paid leave if they are: (1) trained to participate in a funeral honors detail at the funeral of a veteran; and (2) are either (a) a retired/active member or a reserve component of the armed forces of the United States (including the Illinois National Guard), or (b) an authorized provider, or a registered member of a nonprofit or other organization that is an “authorized provider.” Per this Act, an “authorized provider” is an individual or group recognized by the armed forces, who are not service members or employees of the United States government and who augment the uniformed members of a military funeral honors detail. An employee taking funeral honors detail leave shall give their employer reasonable notice, as is practicable, and an employer may request confirmation/proof of the employee’s participation in the detail from the relevant veterans service organization that dispatched the employee to the detail.

P.A. 104-0128
Teacher Preparation Requirements
Effective: January 1, 2026

This Public Act addresses several requirements involving teacher preparation candidates, including the requirement that teacher candidates must pass a teacher performance assessment. The Act provides that by July 1, 2027, the State Superintendent shall begin incorporating the following topics into the exam for individuals seeking a Professional Educator License endorsed in teaching or administration: 1) methods of instruction of the exceptional child, 2) methods of reading and reading in the content area, and 3) instructional strategies for English learners. Starting September 1, 2029, all candidates in the process of completing teacher preparation programs must pass a teacher performance assessment. Any similarly situated teacher candidate is not required to pass such an assessment through August 31, 2026. This Public Act also provides that there are certain exemptions from these requirements. Between September 1, 2026, and August 31, 2029, all higher education institutions that offer teacher preparation programs must participate in ISBE’s pilot teacher development program. Additionally, this Public Act implements other changes to teacher preparation including but not limited to adding minimum requirements for educators trained in different states or countries, creating a new advisory committee to monitor teacher performance, incorporating similar teacher performance requirements for paraprofessionals and creating a “Paraprofessional to Teacher Pathway Program.” Overall, the purpose of this Public Act is to foster the value that teachers should be specially trained before beginning the job.

P.A. 104-0161
Amendment to Workers’ Rights and Worker Safety Act
Effective: August 14, 2025

This Act amends the Workers’ Rights and Worker Safety Act by providing that in the event the United States Secretary of Labor revokes, repeals, or amends a previously issued federal Occupational Safety and Health Act (“OSHA”) standard after April 28, 2025, that results in the standard “becoming less effective in providing safe and healthful employment and places of employment,” then the Illinois Department of Labor must adopt a new standard as soon as possible that incorporates the OSHA standard that was revoked, repealed, or amended.

P.A. 104-0171
Victims’ Safety Electronics Amendment
Effective: January 1, 2026

This Public Act amends the Victims’ Economic Security and Safety Act (VESSA). The amended language provides that an employer may not retaliate against an employee or refuse to provide them with employer-issued equipment because the employee used employer-issued equipment to record domestic violence, sexual violence, gender-based violence, or other violence committed against the employee or a member of their family or household. The Act also requires the employer to grant an employee access to any photographs, voice or video recordings, audio recordings, or any other digital documentation stored on an employer device related to any crime of violence committed against the employee or a member of their family or household. The Act clarifies that employers must still comply with court orders, investigations, and subpoenas for a device or its information. The Act cannot be construed to relieve employees of their obligations under their employer’s employment policies.

P.A. 104-0193
Leave for Organ Donation
Effective: January 1, 2026

The Public Act amends the language of the Employee Blood and Organ Donation Leave Act by permitting part-time employees, as opposed to only full-time employees, to use up to 10 days of leave in any 12-month period to serve as an organ donor. In terms of compensation, employers must calculate the daily average pay the part-time employee received during their previous two months of employment and compensate the employee in the amount of the daily average pay for the days of leave used.

P.A. 104-0259
Family Neonatal Intensive Care Leave Act
Effective: June 1, 2026

This Public Act establishes the Family Neonatal Intensive Care Leave Act which requires that employers provide employees with unpaid leave while an employee’s child is in the neonatal intensive care unit (NICU), further defined as a special care unit that provides medical treatment to premature and critically ill infants. Under this Act, employees will be entitled to up to 20 days of unpaid leave for employers with more than 50 employees and up to 10 days of unpaid leave for employers with 16 to 50 employees. Leave may be taken continually or intermittently at the employee’s selection. The Act permits employers to require reasonable verification of the employee’s child’s length of stay in the NICU.  

P.A. 104-0293
State Labor Unions
Effective: August 15, 2025

This Public Act amends the provision under the Illinois Educational Labor Relations Act that requires employers to provide local union representatives with reasonable access to, and information about, employees in the bargaining units they represent. The Act requires that when providing such information, employers must also provide the state labor organization with which the representative is affiliated with a copy of the information provided to the exclusive representative.

P.A. 104-0307
Criminal Background Check Requirements for Day Care Centers
Effective: January 1, 2026

The Public Act adds language to the Child Care Act of 1969. The new language requires employees or volunteers at day care centers, day care homes, or a group day care home to complete a criminal background investigation every 5 years. Additional language further provides that the Department of Children and Family Services (“DCFS”), through June 30, 2026, or the Department of Early Childhood, beginning on July 1, 2026, permit day care centers, day care homes, and group day care homes to hire, on a probationary basis, employees or volunteers who complete criminal background checks form either the FBI fingerprint criminal background check or the Illinois State Police fingerprint criminal background check, as well as a criminal record check of each state in which the employee or volunteer resided during the preceding 5 years. Pending the results of the background check requirements, the prospective employee or volunteer must be supervised at all times by an employee who received a qualifying result on all background check requirements. While the new requirements do not expressly apply to public school districts, the amended language expands the criminal background check requirements that are currently in place for day care centers with which districts may work.

P.A. 104-0373
Educator Licensure
Effective: January 1, 2026

This Public Act amends the Educator Licensure Article of the School Code. The Act provides that the state Superintendent or their designee may notify the educator license holder’s current or most recent employer if the employer is a public school, school district, charter school, special education cooperative, nonpublic school, nonpublic special education facility, or public school residential facility, that the license holder is being investigated for alleged misconduct. According to this Act, the kind of alleged act of misconduct that may prompt a notification is one that constitutes a threat to the safety of students, including serious physical injury, sexual misconduct, or other sex offense. 

P.A. 103-0804
Artificial Intelligence in Employment Practices
Effective: January 1, 2026

This public act amends the Employment Article of the Illinois Human Rights Act. The Act prohibits employers from using Artificial Intelligence (“AI”) which is defined under the new language of the Act as “a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments” and includes generative artificial intelligence, in a manner that subjects employees to discrimination on the basis of protected classes. The Act also prohibits employers from using zip codes as a proxy for protected classes. The Act further provides that it is a civil rights violation for employers to fail to notify employees of their use of AI in the context of employment-related decisions.

P.A. 104-0320
Workplace Transparency Act
Effective: January 1, 2026

The Public Act amends the Workplace Transparency Act by adding language requiring separate consideration in exchange for provisions that restrict disclosures of unlawful employment practices. The Act also expands protection for employees by prohibiting contracts or agreements from restricting employees from engaging in protected “concerted activity” to address work related issues. “Concerted activity” is a newly defined term meaning activities that the employee engages in for the purpose of collective bargaining or other mutual aid or protection. The Act also expands the definition of “unlawful employment practice.” Previously, “unlawful employment practice” was defined as any form of unlawful discrimination, harassment, or retaliation actionable under Article 2 of the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, or any other state or federal rule or law enforced by the IDHR or the EEOC.  The new, expanded definition of “unlawful employment practice” is any practice made unlawful by Article 2 of the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, and any other state or federal law governing employment, including, but not limited to, those enforced by the IDHR, EEOC, and other state and federal organizations. Additional language in the Act further exempts certain legal proceedings, including depositions, from confidentiality clauses when criminal conduct is at issue.  

Public Act 104-0425
EEOC Investigation Procedures
Effective: January 1, 2026

This Public Act amends the Employment Article of the Illinois Human Rights Act to modify investigation procedures and clarify coordination with the Equal Employment Opportunity Commission (“EEOC”). The changes provide greater flexibility for the Illinois Department of Human Rights (“IDHR”). Key changes include:  

• Fact Finding Conference: The IDHR is no longer required to conduct a fact-finding conference in every investigation. Instead, the conference is discretionary unless both the complainant and respondent submit a written request within 90 days of filing the charge. If requested, the parties must agree to grant a 120-day extension for the IDHR to issue its report.  
• EEOC Dual Filing: Charges filed with the EEOC within 300 days of the alleged violation are deemed filed with the IDHR on the same date. The IDHR will take no action until the EEOC completes its determination, and the complainant must provide the EEOC’s determination within 30 days of receipt. Investigation timelines will be tolled during EEOC review. This is distinguishable from the filing window for filing a charge with the IDHR, which is two years from the date of the last alleged incident. As a reminder, this deadline was extended almost a year ago, on January 1, 2025, from 300 days to two years.

SCHOOL BUSINESS

P.A. 104-0202
Students Residing in Long-Term Acute Care Facilities
Effective: August 15, 2025

This Public Act provides instructions for parents or guardians who move out of the state of Illinois after their child is placed in a long-term, acute care facility.  If a parent or guardian of a child who resides in a long-term acute care facility serving a majority of minor children and Medicaid-eligible in West Harvey-Dixmoor Public Schools District 147 or Thornton Township High School District 205 moves out of state, that parent or guardian must enroll the child in a school in the other state for purposes of reimbursing Illinois. According to the Public Act, the parent or guardian must enroll the child in an identifiable school district prior to placement in long-term care except for emergency situations. If the foreign state refuses to enroll the child, the resident district shall be the student’s most recent resident district in Illinois, and that resident district shall be the responsible payor.

P.A. 104-0393
Contract Renewals based on “Emergency Situations”
Effective: July 1, 2026

This Public Act provides changes to how boards of education should enter into contracts with non-instructional service providers. First, the Public Act defines an “emergency situation” to mean a sudden and unforeseen event or change in circumstances that would result in a near-term interruption of non-instructional services that calls for immediate action. Second, the Public Act provides that the board of education must post all vacant positions for any renewed emergency contract for the entirety of the emergency. The Public Act further requires any board of education engaging in these emergency situation contract renewals with non-instructional service providers, contract renewals that increase the workforce 2 times, to follow certain steps or obtain mutual agreement with the affected bargaining unit. Similarly, if the contract renewals increase the workforce three times, the board of education is required to obtain mutual agreement with the affected bargaining unit. However, the Public Act prohibits the affected bargaining unit from using the mutual agreement requirement as an excuse to reopen collective bargaining. The mutual agreement must include a recruitment and retention plan.

P.A. 104-0430
School Ticketing & Law Enforcement Referrals
Effective: August 20, 2025

This Public Act amends the School Code by imposing restrictions on student discipline and new reporting requirements for law enforcement involvement in schools. Beginning with the 2027-2028 school year, school districts must annually report the number of students and incidents referred to a law enforcement agency or officials. The Act further requires that, on or before January 30, 2029, and each subsequent year on or before that date, the State Board of Education shall prepare annual reports on student referrals to law enforcement in all school districts across the state.

Additionally, the Public Act prohibits law enforcement officials, whether on campus or from the local municipalities, from issuing a student a monetary fine as a school-based disciplinary consequence for a municipal code violation. This includes behavior that occurs on school grounds during school hours or while taking school transportation. Some common examples include truancy and vaping. Law enforcement officials may not issue these kinds of citations on school grounds or at any school-related activities, events, or on school transportation. The Act provides that excluded from this provision are traffic, boating, fishing, and game law violations, for which law enforcement is still permitted to issue citations.

This Public Act also requires a memorandum of understanding between a local law enforcement agency and a school district for any school district that uses a school resource officer beginning on July 1, 2026. The Act further provides certain provisions that must be included in the memorandum of understanding.

Public Act 104-0164
Retention of Illinois Students and Equity Act
Effective: January 1, 2026

This Act amends the Retention of Illinois Students and Equity Act. As a reminder, the Retention of Illinois Students and Equity Act provides that a student who is an Illinois resident and who is not otherwise eligible for federal financial aid shall be eligible to apply or receive consideration for any student aid or benefit funded or administered by the State, any State agency, or any public institution of higher learning. This Act expands student eligibility to also include assistance, aid or benefits offered by units of local government.  

SPECIAL EDUCATION

Public Act 104-0047
Parental Notice Requirements
Effective: January 1, 2026

This Act amends the School Code by imposing additional notification requirements pertaining to the Individualized Education Program (“IEP”) facilitation process. The IEP meeting notice must inform the parent or guardian of the parent/guardian’s right to invite other individuals to the meeting to assist the parent or guardian, including individuals who have knowledge or special expertise regarding the child and advocates for the parent, guardian or child. The notice must include a request that the parent or guardian inform the school prior to the meeting if the parent or guardian plans to bring other individuals to the meeting so arrangements can be made to accommodate the other participants. Additionally, ISBE is tasked with preparing and distributing to each the school district written information material about the IEP facilitation process – this may be a one-page document. This ISBE document must be distributed to parents/guardians using the same distribution methods as other IEP documents and information. 

P.A. 104-0211
Prospective Waivers in Special Education Settlement, Mediation and Resolution Agreements
Effective: August 15, 2025

This Public Act amends the Children with Disabilities Article of the School Code by placing limits on the prospective waiver of legal rights that are permissible. Waivers must be limited to the individual student, the issue in the complaint, and the period of the agreement to be enforceable.

P.A. 104-0218
Withdrawal from Special Education Joint Agreements
Effective: January 1, 2026

This Public Act amends the School Code as it relates to withdrawing from special education joint agreements. The Public Act changes the procedural requirements for withdrawing from joint agreements to mandate an 18-month notice period and requirements for the withdrawal planning process.

Public Act 104-0263
Access to Mental Health Records for Special Education Students
Effective: January 1, 2026

This Act amends the Mental Health and Developmental Disabilities Confidentiality Act to allow access to a child’s mental health records to the parent or guardian of a minor, regardless of the minor’s age, if the minor has an IEP. This removes restrictions imposed on parents of students ages 12-18 when the records are sought for IEP purposes.

P.A. 104-0368
Amended IEE Timelines for Students with Disabilities
Effective: January 1, 2026

This Public Act amends the Children with Disabilities Article of the School Code. School districts now have 7 school days (instead of 5 days) to file a due process hearing request to challenge the request for public funding of an independent educational evaluation. The Public Act also extends the time period for completing the evaluation.

STUDENT HEALTH & SAFETY

P.A. 104-0032
Universal Mental Health Screenings
Effective: January 1, 2026

This Public Act imposes new requirements on the State Board of Education to meet the mental health needs of students. It requires the State Board of Education to consult with the Children’s Behavioral Health Transformation Team and relevant stakeholders to make available resource materials for a phased approach to implementing universal health screenings in schools on or before September 1, 2026.  Beginning with the 2027-2028 school year, school districts must offer mental health screenings to students in grades 3 through 12 at least once a year.

P.A. 104-0338
School Cyberbullying
Effective: July 1, 2026

This Public Act amends the School Code to expand the definition of “cyber-bullying.” According to the Act, beginning with the 2026-2027 school year, cyber-bullying will include the posting or distribution of an unauthorized digital replica by electronic means. The Act further defines “unauthorized digital replica” as the digital replica of an individual without the consent of the depicted individual. Digital replica itself is defined in the Digital Voice and Likeness Protection Act to mean an electronic representation of an actual individual using technology, including artificial intelligence, that appears to be so realistic that a reasonable person would believe it to be a representation of the actual individual.

P.A. 104-0075
School Bus Safety
Effective: August 1, 2025

This Public Act amends the Illinois Vehicle Code to improve safety conditions of school buses. Beginning July 1, 2031, all newly purchased school buses must be equipped with a combination pelvic and upper torso seat safety belt system. These seat belts must be in good operating condition and meet all applicable federal standards. This Public Act further specifies that the schools, school districts, transportation providers and contractors, and the person operating the bus are not responsible for seat belt instruction or ensuring seat belts are correctly and securely fastened. This Public Act carves out a few exceptions, notably leased school buses or buses registered in a different state but operating within the state of Illinois for a non-school related purpose.

P.A. 104-0288
Safe Schools for All
Effective: January 1, 2026

This Public Act amends the School Code by codifying existing protections established by the Supreme Court case, Plyer v. Doe, requiring clear procedures for any law enforcement agents seeking access to school property, and creating an individual right of action against school districts, including attorney’s fees.

The Act prohibits denying a child access to a free public education through secondary school based on their (or their parent’s or guardian’s) actual or perceived immigration or citizenship status. The Act prohibits schools from using policies or procedures that have the effect of excluding a child from participation in school programs or denying a child benefits of their education based on the child’s (or the child’s parent or guardian) actual or perceived immigration or citizenship status. The Act prohibits schools from threatening to disclose information regarding or relating to the child or an associated person’s actual or perceived immigration or citizenship status to any other person or an immigration or law enforcement agency.

By July 1, 2026, schools must develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school or school facility. Schools must also develop a policy to comply with the Act by July 1, 2026.

Beginning July 1, 2026, the Act grants a private right of action to any aggrieved party to be filed no later than 2 years after a violation occurred. 

The State Board of Education released this non-regulatory guidance addressing these requirements on December 16, replacing prior guidance on immigration enforcement actions. 

Public Act 104-0198
Substitute Personnel Training and Support Under School Safety Drill Act
Effective: January 1, 2026

This Act amends the School Safety Drill Act by adding a new section addressing training and support for substitute school personnel. The new section requires school districts to provide training on school evacuation drills and law enforcement lockdown drills to all substitute school personnel. While the Act does not set out a time frame for providing this training, it does allow this training to be provided to individuals holding a Short-Term Substitute Teaching License as part of the short-term substitute teacher training under Section 10-20.67 of the School Code. The Act states that the training shall be provided in person when available. The Act also requires school districts to provide support for substitute personnel by ensuring that recommendations are implemented, including, without limitation, that: (1) maps indicating all school exits are prominently displayed in every classroom, and (2) the information packet given to full-time-equivalent employees includes district-approved materials outlining evacuation and lockdown procedures. 

Public Act 104-0344
Emergency Preparedness Under School Safety Drill Act
Effective: January 1, 2026

This Public Act amends the School Safety Drill Act by revising definitions and expanding requirements for emergency preparedness. Key definitional changes include terms such as “emergency services and disaster agency,” “hazardous substance,” and “local emergency planning committee.” By January 1, 2027, the Illinois Emergency Management Agency and Office of Homeland Security, in consultation with the State Board of Education, shall develop and provide guidance related to a release or explosion of a hazardous substance. By July 1, 2027, each school district shall, in consultation with the applicable local emergency planning committee, develop procedures to address the release or explosion of a hazardous substance. School districts must also make available relevant and appropriate information related to these procedures to all school personnel. This includes identified evacuation plans, alternative evacuation plans, safe locations where students and staff can seek shelter, and a description of how this information will be communicated to school personnel in the case of an emergency.

HIGHER EDUCATION

P.A. 104-0014
FAFSA Support
Effective: June 30, 2025

This Public Act amends the School Code by requiring school districts to provide appropriate support to each high school student with their federal student loan applications, more specifically, Free Application for Federal Student Aid (FAFSA). School districts may provide this support in a variety of ways, including but not limited to opportunities for students to request and receive help during the school day in completing the application.

Public Act 104-0303
Mental Health Professional Requirements
Effective: January 1, 2026

The Act amends the Mental Health Early Action on Campus Act to require each public college and university to provide at least 3 licensed mental health professionals or, if the benchmark ratio falls under 3, at least the number of licensed mental health professionals required by the benchmark ratio. The mental health professional may be provided either in: (i) a part-time, on-campus capacity or (ii) a full-time, on- or off-campus capacity. 

P.A. 104-0440
Immigration Status and Enforcement
Effective: December 9, 2025

This Act amends the Public Higher Education Act by adding a new section addressing immigration status and immigration enforcement. Per this Public Act, unless required by Illinois or federal law, schools are prohibited from doing any of the following: (1) threatening to disclose the actual or perceived citizenship/immigration status of any employee, student, or person associated with an employee or student to an external party, including immigration/law enforcement agencies; (2) knowingly disclosing, without the consent of the employee or student, anything related to the perceived citizenship/immigration status of an employee, student, or person associated with an employee or student to an external party if the school does not have direct knowledge of their actual citizenship/immigration status; (3) knowingly disclosing, without the consent of the employee or student, anything related to the actual citizenship/immigration status of an employee, student, or person associated with an employee or student to any other person or nongovernmental entity if the school has direct knowledge of their actual citizenship/immigration status; (4) designating immigration status, citizenship, place of birth, nationality, or national origin as directory information. The Act prohibits schools from impeding students or employees from offering, attending or participating in training on constitutional rights and immigration-related guidance.

By January 1, 2026, schools must develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school’s campus. These procedures must, at a minimum, include: (1) procedures for reviewing and contacting a designated person or office, for contacting the school’s legal counsel, and for an authorized person or office or legal counsel to review requests to enter a school’s campus; (2) procedures for documenting all interactions with law enforcement agents while on school campus; and (3) procedures for notifying and seeking consent from an employee or student if a law enforcement agent requests access to that individual for immigration enforcement purposes, unless consent is prohibited by judicial warrant or subpoena. A copy of these procedures must be submitted to either the Illinois Community College Board or the Illinois Board of Higher Education.

By January 1, 2026, schools must provide information on their websites regarding whom employees and students should contact if a law enforcement agent seeks to enter the school campus, enters the school campus, or engages in nonconsensual interactions with members of the school community.

By January 1, 2026, schools must develop procedures designed to: (1) determine if immigration activity is occurring/has occurred on the school’s campus, including, if possible, verification of the first and last name, employer/agency, and badge number of the lead law enforcement agent; and (2) notify the appropriate school-campus unit/area if the school confirms immigration enforcement activity is occurring/has occurred on campus that, in the judgment of school law enforcement or the school’s public safety office, could adversely impact school-campus safety or operation.

Beginning January 1, 2026, the Act grants a private right of action to any aggrieved party to be filed no later than 2 years after a violation occurred or 2 years from the date the aggrieved party becomes aware of the violation, whichever is later.

If you have questions about how these new laws affect your district, or need assistance with compliance planning, please contact your Franczek attorney for further guidance. We are here to help you navigate these updates for a successful start to 2026!