New Law Related to Graduation in Effect for 2024

As graduation season is upon us, keep in mind that the General Assembly enacted PA 103-463, effective for this school year.  This statute states that school districts “shall not prohibit the right of a student to wear or accessorize the student's graduation attire with items associated with the student’s cultural, ethnic, or religious identity or any other protected characteristic or category identified in subsection (Q) of Section 1-103 of the Illinois Human Rights Act.” [emphasis added].

For reference, the protected characteristics or categories, in addition to cultural, ethnic, or religious identity, include actual or perceived: race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service.  For purposes of the Illinois Human Rights Act, remember that “sexual orientation” specifically includes gender-related identity, whether or not traditionally associated with the person's designated sex at birth.

While school districts remain able to restrict messages or items which may be materially or substantially disruptive or which are lewd or vulgar, school districts are not able to prohibit wearing of items or accessories that are associated with any of these characteristics or categories.