Student Rights
Student Discrimination and Harassment
Schools have an obligation under state and federal law to ensure that students have access to equal educational opportunities and to provide a learning environment that is free from discrimination and harassment. This includes developing and implementing policies and procedures that protect student rights, as well as responding to and investigating complaints of alleged discrimination and harassment.
We serve school districts in an advisory capacity, helping institutions align their policies and procedures with applicable state and federal anti-discrimination laws. Our attorneys also represent districts facing legal challenges, including complaints with the U.S. Department of Education’s Office for Civil Rights and the Illinois Department of Human Rights, and complex litigation matters.
Transgender, Nonbinary, and Gender Non-Conforming Student Rights
Under both state and federal law, students who identify as transgender, nonbinary, and gender non-conforming must be educated in an environment free from discrimination, harassment, and bullying. School districts must ensure that their policies, procedures, and practices support students who identify as transgender, nonbinary, and gender non-conforming, in accordance with their legal obligations. These obligations extend to the instructional setting, as well as the extra-curricular setting and athletics.
Our attorneys have extensive experience working with school districts to ensure compliance with schools’ legal obligations. We advise schools on the development and implementation of policies and procedures and also represent school districts that face legal challenges, including complaints filed with the US Department of Education’s Office for Civil Rights and the Illinois Department of Human Services, pertaining to the education of transgender, non-binary, and gender non-conforming students, as well as formal litigation matters.
Student Bullying
With the growing presence of social media in schools, educational institutions are faced with increasing challenges in managing student bullying, particularly cyberbullying in schools. State law places specific mandates on educational institutions with respect to addressing allegations of bullying, harassment, and intimidation.
Our attorneys have extensive knowledge of evolving state anti-bullying laws. We work closely with school administrators and school staff to develop practical and legally sound policies and procedures for ensuring compliance with state law. We also provide technical assistance to schools in addressing allegations of bullying, to support our clients’ compliance with their legal obligations.
Our Services Include:
- Maintenance of destruction of student records
- Sharing of Student Information
- Responding to subpoenas and requests for records
Student Confidentiality
Educational institutions have a legal obligation to protect student privacy and confidentiality, which includes complying with state and federal laws governing student records. Our attorneys have extensive knowledge of the Illinois School Student Records Act and the Family Educational Rights and Privacy Act, and the implications of these laws on educational institutions. We provide guidance and technical support to clients on a variety of student records issues, including maintenance and destruction of student records, responding to subpoenas and attorney requests for records, and sharing of student information with outside agencies and organizations such as law enforcement and the Illinois Department of Child and Family Services.
