Illinois' New Education Laws for 2026: AI Limits, Immigrant Student Protections, and What Schools Should Do Next
Several Illinois laws affecting K-12 and community colleges are now in effect. They focus on immigrant student protections, how AI can be used in classrooms, student scholarships, early high school credit, and IEP advocacy rights.
If you lead a district, school, or program, here's what changed and the fast moves to make this month.
Immigrant Student Protections (HB 3247)
Schools cannot exclude, discourage, or treat students differently based on a student's or parent/guardian's immigration or citizenship status. Districts may not request or collect that information unless required by state or federal law, and may not disclose it unless federal law mandates it.
Starting July 1, 2026, schools that violate these prohibitions can face civil lawsuits for actual damages.
- Action items: Remove immigration/citizenship questions from enrollment and program forms unless legally required.
- Train front office, counselors, and registrars on what to do-and not do-if contacted by immigration or law enforcement.
- Designate one district contact for any federal requests; keep an incident log.
- Update records policies to align with FERPA and this law; brief principals and deans.
Context: After the federal government rolled back "sensitive locations" guidance, Illinois leadership pushed districts to set clear local policies. Community groups called for strong protections to keep schools accessible and safe.
Scholarships and Immigration Status (HB 460)
Illinois already allowed eligible noncitizen students to receive state financial aid (e.g., MAP grants). Now, local government-administered scholarship programs must also be open regardless of citizenship or immigration status, if residency criteria are met.
- Action items: Audit your counseling materials and district scholarship lists. Update language, remove unnecessary status checks, and notify students of expanded eligibility.
AI in Community Colleges: Human-Led Instruction Required (HB 1859)
Community colleges must have qualified human faculty teach courses. AI tools like ChatGPT, Copilot, or Gemini can support instruction, but colleges cannot use AI as the sole source of instruction in place of an instructor.
As the bill's sponsor put it, AI can enhance learning, but it doesn't replace an instructor. That's the line the law draws.
- Action items: Update course approval and scheduling processes to confirm a qualified instructor of record for every section.
- Publish a clear AI-in-teaching policy for faculty and students. Spell out allowed use (e.g., lesson planning, formative feedback) vs. disallowed use (no AI-only instruction).
- Offer PD on responsible AI use and syllabus language. Add a compliance checkpoint to LMS course shells.
AI in K-12: State Guidance Due by July 1, 2026 (SB 1920)
The Illinois State Board of Education (ISBE) will release statewide guidance for using AI in K-12. Expect overviews of AI, classroom use cases that keep human relationships central, data privacy considerations, ethics, and how to address bias-especially for special populations.
- Action items (start now): Form a district AI working group (curriculum, IT, legal, SPED, teachers, students).
- Map student data flows for any AI tools; vet vendors and contracts for privacy and bias safeguards.
- Draft or refresh acceptable use policies and classroom guidelines; prepare PD modules for staff and age-appropriate lessons for students.
- Pilot AI tools with tight guardrails and documented outcomes; be ready to align with ISBE guidance on release.
Watch for updates from ISBE here: Illinois State Board of Education.
Other Education Updates
Early High School Credit (HB 3039): Districts may award high school credit to 7th and 8th graders who take high school courses and pass both the class and its end-of-course exam demonstrating high school-level proficiency.
- Action items: Publish eligible courses, placement criteria, and exam standards. Communicate options to families this spring.
IEP Meeting Advocacy (HB 1366): Districts must notify parents/guardians of students with special needs that they can bring a third-party advocate to IEP meetings.
- Action items: Add the notice to IEP meeting invitations and your SPED handbook. Train case managers on working with advocates.
Key Dates
- Now in effect (Jan 1, 2026): HB 3247, HB 460, HB 1859, HB 3039, HB 1366.
- July 1, 2026: ISBE K-12 AI guidance due (SB 1920); civil action provision for immigration-status violations begins (HB 3247).
Quick Checklist for Leaders
- Update enrollment and records policies to comply with HB 3247; train front-line staff.
- Refresh scholarship guidance for counselors to reflect HB 460.
- Confirm human instructors for all community college courses; set a clear AI-instruction policy (HB 1859).
- Stand up a district AI working group and start privacy/bias reviews ahead of ISBE guidance (SB 1920).
- Publish middle school credit options and exam criteria (HB 3039); update IEP notices (HB 1366).
For official text and updates, see the Illinois General Assembly. For practical AI PD and course ideas by role, you can browse curated options here: Complete AI Training - Courses by Job.
This year is about clarity. Tighten policies, train your people, and keep instruction human at the core-then use AI where it actually helps.
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