September 19, 2019

Update: ESSL passed both houses, and was signed into law by Gov. Pritzker on 8/20/21

Chicago Public Schools regularly failed to address and appropriately respond to sexual violence inflicted upon its students. As a result, two complaints were filed with the U.S. Department of Education’s Office for Civil Rights (OCR)—one by CAASE and the other by our allies at Legal Aid Chicago. Both complaints alleged that CPS did not comply with Title IX when students reported being sexual assaulted. After conducting investigations, OCR decided it will be overseeing the district for a minimum of 3 years in an effort to ensure CPS improves its practices. The news of the resolution agreement between the OCR and CPS came approximately 1 year after federal funds were withheld from the district as a  consequence for their “serious and pervasive violations under Title IX”, a federal law that protects against gender discrimination in education.

Over the past year, CPS has taken great strides to improve its practices and protect students through a comprehensive “Plan of Action.” OCR monitoring should bolster these efforts and provide an enforcement mechanism should the district fail to meet its obligations. We’re encouraged to see the Department of Education take unprecedented measures to correct the egregious violations of Title IX in Chicago schools. However, it is important to note that the Department of Education has proposed damaging changes to that same federal law. If the proposals are implemented, it will cause further harm to student survivors of sexual violence and weaken their rights. 

The deterioration of Title IX regulations is incredibly important to pay attention to because sexual harm is hurting students in every district across Illinois and we do not have a state law in place to protect them. One in 4 girls experiences sexual violence before age 18 and survivors tend to have lower rates of high school graduation. The safety and support provided to student survivors should not depend on who is leading the Department of Education, who is in the Oval Office, or which school district a victim is in. Our state lawmakers must work to protect all students in Illinois. Thankfully, they’ll have a chance to do so this fall by solidifying K-12 student survivors’ rights in state law and addressing gender discrimination in schools.

K-12 students who are survivors of gender-based violence, parents, or expectant parents need accommodations so they can stay in school, stay safe, and complete their education. Excusing absences related to these circumstances, providing personnel to help advocate for students and connect them to resources, and creating confidentiality protocols to keep students free from harm will move us in the right direction. These measures are all part of the “Ensuring Success in School Law” (ESSL or SB 449 HA 2).

Sexual violence in CPS has garnered a lot of media and political attention lately, and rightfully so. That same focus is needed to address harm in secondary and primary schools across our state. A law like ESSL would add critical protections and supports for K-12 students in Illinois. This is especially important in a time when survivor protections are being destabilized at the federal level.

CAASE enthusiastically backs ESSL and we are in good company. A wide group of partners have come together in support of the law over the past year, including the Sargent Shriver National Center on Poverty Law (leader of the effort), the Chicago Children’s Advocacy Center, Resilience (formerly Rape Victim Advocates), Life Span, A Long Walk Home, Legal Aid Chicago (formerly LAF), and more. The bill needs your support, too! We’ll be calling on people like you to take action this fall. Be sure to follow @theCAASE on Twitter, Facebook, and Instagram to stay up to date on advocacy opportunities.