Illinois Education Laws Taking Effect Jan. 1: A Legal Briefing
Illinois has new education measures that center on immigrant student protections and the use of AI in classrooms. Counsel to districts, community colleges, and local governments should prepare for policy updates, staff training, and new exposure to civil claims.
Noncitizen Student Protections (HB 3247)
- Schools may not exclude or discourage students from enrollment or school programs based on a student's or parent's immigration or citizenship status.
- Schools may not request or collect immigration or citizenship information unless required by state or federal law.
- Schools may not disclose immigration or citizenship information to any person or entity, including immigration or law enforcement, unless required by federal law.
- Private right of action starts July 1: Students may sue for actual damages if a school violates these prohibitions.
This follows heightened federal immigration activity after the rescission of prior limits on enforcement near "sensitive locations." The Illinois State Superintendent urged districts to formalize protocols on if and how staff cooperate with federal immigration officials.
"In the face of federal threats to our schools and students, our communities came together and organized to demand that our state leaders stand up for education for all Illinois children," said Lawrence Benito of the Illinois Coalition for Immigrant and Refugee Rights.
Scholarships Regardless of Status (HB 460)
- Illinois already extends state-funded aid (e.g., MAP grants) to eligible residents regardless of citizenship status.
- HB 460 expands eligibility to include scholarship programs administered by local units of government.
- Action: Review local scholarship criteria, applications, and communications for compliance and consistent treatment of immigration status.
AI in Community Colleges (HB 1859)
- Courses must be taught by qualified human faculty. Colleges cannot use AI as the sole source of instruction.
- Faculty may use AI as a teaching tool, but AI cannot replace the instructor of record.
"Artificial intelligence is a powerful tool that can enhance both students' and teachers' capability to learn and teach, but it cannot replace an instructor," said Rep. Abdelnasser Rashid, the bill's lead House sponsor.
AI Guidance for K-12 (SB 1920)
- The Illinois State Board of Education (ISBE) must issue statewide guidance on AI use in K-12 by July 1.
- Guidance will cover: what AI is, instructional use cases that preserve essential human relationships, student data privacy impacts, responsible/ethical use, and risks of bias affecting special populations.
- Districts should plan to align local policies, staff development, procurement, and parent communications once ISBE publishes.
Other Measures Taking Effect
- Early high school credit (HB 3039): Districts may award high school credit to 7th and 8th graders who take and pass high school courses and the end-of-course exam proving high school-level proficiency.
- IEP advocate notification (HB 1366): Districts must notify parents/guardians of students with special needs that they may bring a third-party advocate to IEP meetings.
Action Checklist for General Counsel and Compliance Teams
- Update enrollment, program participation, and records policies to remove requests for immigration/citizenship status unless explicitly required by law.
- Issue a no-disclosure directive for immigration/citizenship data, with clear exceptions tracking federal requirements. Align with FERPA and state records laws.
- Train front office, counselors, registrars, and SROs on intake questions, subpoenas, warrants, and interactions with immigration officials.
- Refresh data governance and vendor contracts: define permissible data fields, access controls, retention, and law enforcement request protocols.
- For community colleges: add syllabus language stating the faculty instructor of record cannot be replaced by AI. Document permitted AI tools and usage boundaries.
- For K-12: prepare a draft AI policy framework now, then reconcile with ISBE guidance by July 1. Include privacy, bias mitigation, and age-appropriate use.
- Scholarships: ensure locally administered programs and outreach do not condition eligibility on citizenship status.
- IEP process: update notice templates to inform families of the right to bring a third-party advocate; train staff on accommodating advocates.
- Civil liability readiness: by July 1, confirm reporting channels, investigation steps, and remedial actions for alleged violations of HB 3247.
- Board updates: schedule policy approvals and publish summaries to staff and families before the effective dates.
Helpful Resources
- Illinois State Board of Education (ISBE) - watch for K-12 AI guidance by July 1.
- U.S. Department of Education: FERPA - student privacy rules relevant to any AI or data policy work.
- Complete AI Training: Latest AI Courses - useful for faculty and administrators building AI literacy and classroom policies.
Your membership also unlocks:
