April 9, 2019

Proposed regulation changes to Title IX, a federal law that protects against gender discrimination in education, are poised to cause further harm to student survivors of sexual violence. Illinois lawmakers can do something about it. They have a chance to enshrine K-12 student survivors’ rights in state law this spring.

The Ensuring Success in School Law (ESSL or SB 449 SA 1) would guarantee that K-12 students who are survivors of gender-based violence, parents, or expectant parents can stay in school, stay safe, and complete their education. The law would allow excused absences related to these circumstances, provide personnel to help advocate for students and connect them to resources, and create confidentiality protocols to keep students safe. The bill would, among other actions:

1. Ensure school boards and leaders consider a student’s victimization as a mitigating factor should they consider disciplining or expelling a student survivor. Penalizing students reacting to trauma is counterproductive. A student’s circumstances should be considered when making disciplinary decisions.
2. Prohibit schools from requiring a student survivor to “working it out” with their perpetrator. Forced mediation causes more trauma. Schools shouldn’t be allowed to make students engage in a potentially harmful process.
3. Develop a complaint resolution procedure for when a student reports victimization by a peer to school officials. School staff often feel uncertain about what they should do if a student were to report abuse to them. A clear procedure would help clarify each staff member’s role and ensure that disclosures are handled properly.
4. Create a civil remedy for survivors should schools not follow ESSL when addressing a student survivor’s needs and safety while in school. Allowing students to bring a civil case provides a much-needed mechanism for holding schools accountable.

Sexual violence on college campuses has garnered a lot of media and political attention. That same focus is needed to address harm in secondary and primary schools. 1 in 4 girls experiences sexual violence before age 18 and survivors tend to have lower rates of high school graduation. A law like ESSL would add critical protections and supports for K-12 students in Illinois. This is especially critical at a time when survivor protections are being destabilized at the federal level.

CAASE enthusiastically backs ESSL. We have collaborated with a wide group of partners in recent months in support of the law. These allies include 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, LAF, and more.

ESSL was signed into law on August 20, 2021. Be sure to follow @theCAASE on Twitter, Facebook, and Instagram to stay up to date on advocacy opportunities.