New Legislation Updates

Learn with Dignity Law 

Section 5 of the School Code, commonly known as the Learn with Dignity Act, has been amended to require school districts to make feminine hygiene products available, at no cost to students, in the bathrooms of school buildings. School buildings include all facilities that are owned or leased by a school district or buildings which the school board has care, custody and control over and are serving students in grades 6 through 12.

House Bill 3215; Public Act 100-0163

Effective January 1, 2018

Right to Reduce Time of Educational Support Personnel

Haag v. The Board of Education of Streator Elementary School District 44, 2017 IL App (3d) 150643 (May 9, 2017)

The Appellate Court held that a school board has the authority to restructure the full-time positions of its educational support employees into part-time positions. This includes the ability to restructure these positions even though the amount of work would remain the same and could result in the need to hire more part-time ESPs.

The court rejected the union claim stating that when an ESP is removed or dismissed from a full-time position or when they are reduced to part-time, the Illinois School Code creates recall rights for ESPs to maintain their current full-time positions before the school board can have the opportunity to restructure the work.

The court’s decision clearly determines that ESPs do not have the same recall rights as a tenured teacher. However, particular provisions of collective bargaining agreements may impact this type of action.

Discouraging Expulsion of Preschoolers

Preschool age children enrolled in publicly funded early childhood programs and schools in Illinois will be protected from expulsion under a new law.

Early education programs will be able to temporarily remove children for behavior-related safety concerns but program officials must try to address the behavior through intervention and community resources. The law also requires the state’s child welfare agency to develop rules to prevent licensed day cares and other educational facilities from expelling young children.

House Bill 2663; Public Act 100-0105

Effective January 1, 2018