School Law Advisor Blog

Thinking About Anti-Racism Next Steps

As school districts consider how to concretely address some issues of racism in public education, there are some existing legal requirements in Illinois that can be used to start action.
 
#1 - Make your anti-bias training count. Section 10-20.61 of the Illinois School Code requires training for all educators on implicit racial bias. Get it scheduled, make sure it is quality, make sure it is a priority. And then use it in practice.
 
#2 - Formally clarify expectations with law enforcement agencies regarding Section 22-85 of the Illinois School Code (PA 101-478) regarding limits on detaining and questioning students without parent notification and with mental health supports. Also, Section 22-85 recommends, but does not require, training for law enforcement on promoting safe interactions and communications. Make that a priority with local law enforcement and make it happen.
 
#3 - SRO training is required no later than January 1, 2021 for all SROs in Illinois, pursuant to Section 10-20.68 of the Illinois School Code.
 
#4 - SB100 (Illinois school discipline reform statute of a few years ago) was intended to reduce the racial disparity in the use of suspension and expulsion in Illinois. Are we using restorative and trauma-informed approaches? Are we being proactive about our data? Are we doing what we need in order to have the intended impact?
 
SB100 also recommends, but does not require, training for educators and law enforcement on the adverse consequences of school exclusion and justice-system involvement and culturally responsive discipline. Make it a priority and make it happen.
 
#5 - The intended purposes of RTI is to reduce the disproportionate identification of students of color in special education. Are we using our RTI data to reduce those disparities in special education, including discipline and LRE issues?
 
This is just a quick list based on existing legal and policy requirements.  There are certainly many other items that are important and effective, including the curricular mandates on Black history in Section 27-20.4 of the Illinois School Code, and many of your school districts have similar initiatives in that can make a difference as well.