Updated September 9, 2025
The Ensuring Success in School Law (“ESS Law”), Public Act 102-0466, was signed into law in August 2021 and goes into effect July 1, 2025.
The ESS Law creates a new article in the Illinois School Code: Article 26A, Children and Students Who Are Parents, Expectant Parents, or Victims of Domestic or Sexual Violence. 105 ILCS 5/26A. Article 26A requires school districts to have policies, procedures, and resources in place to ensure that students who are parents, expectant parents, or victims of domestic or sexual violence (“Article 26A Students”) are provided with support services necessary to enable them to meet State educational standards and successfully attain a school diploma. For IASB PRESS subscribers, these requirements are set forth in new sample policy 7:255 and the corresponding administrative procedures included in PRESS 118 (April 2025).
For the requirements set forth in new Article 26A, “school” means a school district or school governed by the School Code, including any other entity responsible for administering public schools, such as cooperatives, joint agreements, charter schools, special charter districts, regional offices of education, local agencies, or the Department of Human Services, and nonpublic schools recognized by the State Board of Education. 105 ILCS 5/26A-10.
In addition, the ESS Law makes changes to several other existing parts of the School Code, including but not limited to, absences, home instruction, residency, student discipline, student support services, and student records. For IASB PRESS subscribers, updates were made to the respective policies in PRESS 118 (April 2025).
Background
Advocacy groups and proponents of the legislation that became the ESS Law intended to provide schools with direction on how to ensure that elementary and secondary school students who are parents, expectant parents, victims of domestic violence, or victims of sexual violence can stay in school, stay safe, succeed academically, and complete their education. As a result, the ESS Law establishes expectations for how schools and districts must accommodate students who fall into these four groups. The approach is to be survivor-centered and rooted in trauma-informed responses to support all students who are survivors of domestic or sexual violence, regardless of whether the perpetrator is school-related or not; and to support students who are parenting or pregnant, even though legal protections and supports already existed for these students in schools.
Additional information on the new law and its requirements is included in the 2024 Ensuring Success in School (ESS) Task Force Report.
Article 26A Requirements
Policy and Procedures
Schools and districts must have policies, procedures, and resources in place to ensure Article 26A Students (i.e., students who are parents, expectant parents, victims of domestic violence, or victims of sexual violence) are provided with support services necessary to enable them to meet State educational standards and successfully attain a school diploma. This includes, but is not limited to, how a student or a student’s parent/guardian may report an incident of alleged domestic or sexual violence; how to request support services; how to file a complaint alleging a violation(s) of Article 26A; and how a complaint will be investigated consistent with the Article 26A complaint resolution procedure (including an appeal process). As noted above, for IASB PRESS subscribers, these requirements are set forth in new sample policy 7:255 and the corresponding administrative procedures (7:255-AP1; 7:255-AP2).
The ESS Law requires that the policy and procedures for Article 26A Students to request supportive services or file a complaint must be distributed to all students at the beginning of each school year. The policy and procedures also must be posted on the school’s or district’s website, and copies must be available at each school to students and parents/guardians for inspection and copy at no cost.
The ESS Law also requires that all employees and agents must be notified that upon learning or suspecting that a student is a parent, expectant parent, or victim of domestic or sexual violence, they must refer the student to a designated Article 26A Resource Person.
New Roles
The ESS Law requires two new roles:
- At least one staff member in each school building must be identified and trained as a Resource Person for Article 26A Students; and
- At least one staff member designated as the Complaint Resolver to resolve complaints of alleged violations of Article 26A.
The Resource Person in each school building must be employed at least part-time at the school and must be a school social worker, school psychologist, school counselor, school nurse, or school administrator. The staff member must be trained to address the needs of students who are parents, expectant parents, or victims of domestic or sexual violence in a survivor-centered, trauma responsive, culturally responsive, confidential, and sensitive manner. The Resource Person must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence including the theories and dynamics of domestic and sexual violence; the necessity for confidentiality and the law, policy, procedures, and protocols implementing confidentiality; the notification of the student’s parent/guardian regarding the student’s Article 26A status or the enforcement of the student’s rights if the notice of the student’s status or the involvement of the student’s parent/guardian may put the health or safety of the student at risk; and the rights of minors to consent to counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code (405 ILCS 5/3-550). 105 ILCS 5/26A-35.
The Complaint Resolver is not required by the ESS Law to hold a particular position in the school or district. Mostly likely, this individual will be a district or school level administrator, and may be the district’s complaint manager(s). For example, for IASB PRESS subscribers, in new sample policy 7:255 and the APs, a district’s nondiscrimination coordinator(s) and complaint manager(s) are the Complaint Resolver(s). A Complaint Resolver must complete training on issues related to domestic and sexual violence and how to conduct the district’s complaint resolution procedure before commencement of his/her duties in that role, and annually thereafter. The training must be conducted by individuals with expertise in domestic or sexual violence in youth and expertise in developmentally appropriate communications with elementary and secondary students regarding topics of a sexual, violent, or sensitive nature. 105 ILCS 5/26A-25.
Training Note: Initially, the ESS Law required the Complaint Resolver to complete 8 hours of training before commencement of his/her duties in that role, and then 6 hours annually thereafter. The number of training hours was amended by P.A. 104-0391 (eff. Aug. 15, 2025). Now, the initial and annual training is required as stated above, but the number of hours of training was removed.
The Illinois Principals Association announced it will be releasing training required by the ESS Law through its Ed Leaders Network. No release date has been announced yet.
Verification
For purposes of students asserting their rights under provisions relating to domestic or sexual violence in the ESS Law and other specified sections of the School Code (including Sections 10-21.3a (transfers), 10-22.6 (student discipline), 10-22.6a (home instruction), 26-2a (valid cause for absence)), a district may require verification of the student’s claim. The verification process and the acceptable forms of verification are set forth in Section 26A-45 of the ESS Law (105 ILCS 5/26A-45) and incorporated in PRESS sample administrative procedure 7:255-AP1. All forms of verification received must be kept in a confidential temporary file, in accordance with ISSRA.
The person named to be the perpetrator, the perpetrator’s family, or any other person named by the Article 26A Student or the student’s parent/guardian to be unsafe to contact may not be contacted to verify the violence, except to the extent that the district determines that it has an obligation to do so based on State or federal law or safety concerns for the school community, including concern for the victim. Prior to making contact, a school must notify the Article 26A Student and the student’s parent/guardian in writing and in a developmentally appropriate manner, and discuss and address any safety concerns related to making such contact.
Confidentiality
All information concerning a student’s Article 26A status and related experiences as a parent, expectant parent, or victim of domestic or sexual violence, or a student’s status as a named perpetrator of domestic or sexual violence, provided to or obtained by a district or its employees or agents is confidential and must be retained in a confidential temporary file in accordance with ISSRA. 105 ILCS 5/26A-30; 105 ILCS 10/2(f).
School employees or agents may not disclose such information to any other individual outside of the district, including any other employee, except if such disclosure is (1) permitted by ISSRA, FERPA, or other applicable State or federal laws, or (2) requested or consented to, in writing, by the student or the student’s parent/guardian if it is safe to obtain written consent from the student’s parent/guardian.
The ESS Law requires that prior to disclosing information about a student’s Article 26A status, a school must notify the student and discuss and address any safety concerns related to the disclosure. This includes instances in which the student indicates, or the school or district or its employees or agents are otherwise aware, that the student’s health or safety may be at risk if Article 26A status is disclosed to the student’s parent/guardian, except as otherwise permitted by applicable State or federal law, including ANCRA, ISSRA, the FERPA, and professional ethics policies that govern professional school personnel.
Further, in the case of domestic or sexual violence, a district cannot contact the person named as the perpetrator, the perpetrator’s family, or any other person named by the Article 26A Student or the student’s parent/guardian as unsafe to contact to verify the violence. Exceptions include when such contact is permitted by State or federal law, or to the extent that a school official determines that he/she has an obligation to do so based on safety concerns or threats to the community, including the victim. Additionally, a district cannot contact the perpetrator, the perpetrator’s family, or any other person named by the Article 26A Student or the student’s parent/guardian as unsafe for any other reason without first providing prior written notice to the student’s parent/guardian.
However, these contact limitations do not prohibit a school or district from investigating the domestic or sexual violence or from contacting persons not named by the Article 26A Student or the student’s parent/guardian as unsafe to contact. A school or district also is not prohibited from taking reasonable steps to protect students. If the reasonable steps would involve prohibited contact related to the perpetrator, the school must provide notice to the Article 26A Student, in writing and in a developmentally appropriate communication format, of its intent to contact the parties named to be unsafe.
Each of these requirements regarding confidentiality, releasing information, and contact prohibitions requires consideration of various State and federal laws and policies. Consult your district’s legal counsel.
Other ESS Law Requirements Impacting Other Laws
While schools and districts historically have provided supports and accommodations for pregnant and parenting students, as well as victims of domestic or sexual violence, albeit to varying degrees, the ESS Law now specifically extends and broadens certain supports to Article 26A Students.
Attendance / Excused Absences
The ESS Law adds more valid causes for student absences for all students, including attendance at a verified medical or therapeutic appointment, or appointment with a victim services provider. Also added for Article 26A Students only: fulfillment of a parenting responsibility and addressing circumstances resulting from domestic or sexual violence. For IASB PRESS subscribers, these additional reasons for a valid cause for an absence are included in sample policy 7:70 in PRESS 118 (April 2025).
For Article 26A Students, fulfillment of a parenting responsibility includes, but is not limited to, arranging and providing childcare, caring for a sick child, attending prenatal or other medical appointments for the expectant student, and attending medical appointments for a child.
In addition, circumstances resulting from domestic or sexual violence includes, but is not limited to, experiencing domestic or sexual violence, recovering from physical or psychological injuries, seeking medical attention, seeking services from a domestic or sexual violence organization as defined in 105 ILCS 5/26A-10, seeking psychological or other counseling, participating in safety planning, temporarily or permanently relocating, seeking legal assistance or remedies, or taking any other action to increase the safety or health of the student or to protect the student from future domestic or sexual violence. Before an absence of 3 or more consecutive days that is related to domestic or sexual violence, a district may require a student to verify his or her claim of domestic or sexual violence under 105 ILCS 5/26A-45 (see Verification above).
Furthermore, any Article 26A Student who is unable to participate in classes on a particular day or days or at a particular time of day due to circumstances related to the student’s Article 26A status must be excused. Upon request of the Article 26A Student or their parent/guardian, the student must be given a meaningful opportunity to make up any examination, study, or work requirement the student missed. 105 ILCS 5/26A-40(d).
Home Instruction
The ESS Law now requires home instruction to be available for students unable to attend school because of pregnancy or pregnancy-related conditions, the fulfillment of parenting obligations related to the health of the student’s child, or health and safety concerns arising from domestic or sexual violence as defined in Article 26A.
Home instruction must be provided:
- Before the birth of the child when the student’s healthcare provider has indicated to the district, in writing, that the student is medically unable to attend regular classroom instruction;
- For up to 3 months following the birth of the child or a miscarriage;
- When (i) the student must care for his/her ill child of the child’s healthcare provider has indicated to the district, in writing, that the child has a serious health condition (as defined in the statute) that would require the student to be absent from school for two or more consecutive weeks and (ii) the student or the student’s parent/guardian indicates to the district, in writing, that the student is needed to provide care for the child during this period;
- If the student must treat physical or mental health complications or address safety concerns arising from domestic or sexual violence when a healthcare provider or an employee of the student’s domestic or sexual violence organization, as defined in Article 26A, has indicated to the district, in writing, that the care is needed by the student and will cause the student’s absence from school for two or more consecutive weeks.
School districts may reassess home instruction under #3 (sick child) and #4 (health complications/safety concerns arising from domestic/sexual violence) above every 2 months to determine the student’s ongoing need for home instruction.
For IASB PRESS subscribers, these changes are included in sample policy 6:150 in PRESS 118 (April 2025).
Residency / Interdistrict Transfers
The ESS Law permits but does not require the interdistrict transfer of Article 26A Students. If allowed by policy, a school board could enter into an intergovernmental agreement that would allow for the admission of non-resident Article 26A Students. For IASB PRESS subscribers, updated policy language is included in sample policy 7:60 in PRESS 118 (April 2025).
School districts may require a student seeking to transfer into a district to serve out the entire term of any suspension or expulsion before being admitted int the district. However, a school board may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in Illinois or another state, the student must complete the entire term of the suspension or expulsion in an alternative school program under Article 13A or an ALOP under Article 13B before being admitted into the district if there is no threat to the safety of students or staff in the alternative program. If a board adopts such a policy, it must allow for the consideration of any mitigating factors, including the student’s status as an Article 26A Student. 105 ILCS 5/10-22.6(g). For IASB PRESS subscribers, this update is included in the relevant footnote in sample policy 7:50 in PRESS 118 (April 2025).
Student Discipline
As a result of the ESS Law, during a suspension review hearing or expulsion hearing, students may disclose any factor to be considered in mitigation, including the student’s status as an Article 26A Student. In addition, students now must be allowed to appear with a representative (who may address the hearing officer/Board) and/or a “support person” (permitted to accompany the student) at disciplinary hearings. The representative and support person must comply with hearing rules and may be prohibited from further participation if they violate the rules or engage in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or anyone else in attendance at the hearing. 105 ILCS 5/10-22.6(b-35).
The ESS Law specifies that the representative is selected by the student’s parent/guardian, or by the student if emancipated. A support person means any person whom the victim has chosen to include in proceedings for emotional support or safety, and may attend the disciplinary hearing with the approval of the student’s parent/guardian, or the student if emancipated. If a support person attends a disciplinary hearing, the person does not participate, but is permitted to observe and support the student. A support person may include, but is not limited to, an advocate, clergy, a counselor, and a parent or guardian.
For IASB PRESS subscribers, these changes are included in sample policies 7:200 and 7:210 in PRESS 118 (April 2025).
Student Records
The ESS Law provides that a student’s temporary record must include information concerning a student’s status and related experiences as an Article 26A Student. This includes a statement of the student or any other documentation, record, or corroborating evidence and the fact that the student has requested or obtained assistance, support, or services related to that status. 105 ILCS 10/2(f).
Notification
The ESS Law requires districts to annually notify all personnel and students 12 years of age or older, in writing, of the availability of counseling without parent/guardian consent pursuant to the Mental Health and Developmental Disabilities Confidentiality Act (“MHDDCA”) (405 ILCS 5/3-550). This information also must be provided to students immediately after any school personnel becomes aware that a student is a parent, expectant parent, or victim of domestic or sexual violence.105 ILCS 5/26A-40(h).
The new ESS Law is complex and far-reaching, and the interplay with existing State and federal laws and policies (e.g., Title IX) also must be taken into account. We encourage you to take the time to review your policies and procedures implementing the new requirements, as well as review the corresponding components of the law itself, in consultation with your district’s legal counsel.
Contact any attorney in our Students/Special Education Practice Group with questions about the ESS Law.
