General Notification Requirements:
Notification to parents and/or students is required in the following area. The list contains general notification requirements only and does not list notification requirements that are triggered by a specific event. Notice should always be in writing.
Notice Required at the Start of School:
ü At the beginning of the school year, parents (and eligible students) must be notified of their rights to examine and control their child’s educational record under both the Illinois School Student Records Act (105 ILCS 10/3) and the Federal Education Rights and Privacy Act (FERPA) (20 U.S.C. 1232g). Also, parents and eligible students must be notified of what information will be considered “directory” information, which can be released without notice, unless the parent or eligible student otherwise objects.
ü Parents and students must be notified of the district’s policy on discipline, including school searches. A copy of such policy must be given to parents within 15 days of the start of school or within 15 days of a student’s transfer into the district. (105 ILCS 5/10-20.14).
ü Each district must have a policy governing the administration of medication and parents must be furnished a copy of such policy within 15 days of the start of school or within 15 days of a student’s transfer into the district. (105 ILCS 5/10-20.14b).
Ongoing Notice Requirements:
ü Before any pesticide is used on school property, the district must provide at least 2 days notice to all parents. In the alternative, the district may inform parents of their right to be notified of pesticide application and maintain a registry of all parents who wish to be notified of such use. (415 ILCS 65/3 and 225 ILCS 235/2).
ü Each year parents must be notified of the district’s policy on the waiver of school fees. (105 ILCS 5/2-3.96).
ü The district must provide general notice of special education services that may be utilized by students in the district. (105 ILCS 5/14-6.02).
ü Students (and staff) must be notified of the district’s uniform grievance procedures. (34 C.F.R., Part 106.8(a)).
ü The district must provide parent with timely notice regarding their student’s graduation, especially if the student may have difficulty meeting the graduation requirements. (23 Ill. Admin. Code 1.440(i)).
ü Daycares, including home daycares, must provide parents with notice of any firearms that are stored on the daycare’s property. (225 ILCS 10/7).
General Policy Requirements:
School districts are required to have a policy governing the following topics.
Academic & Student Records:
ü Districts must have a policy on physical education. Policies on other curriculum topics are within the sole discretion of the district. (23 Ill. Admin. Code 1.420(p)).
ü Each district must have a policy outlining the circumstances under which a student’s grade may be changed and the procedures for changing grades. Additionally, each district must have a policy on academic promotion of students. Such policy must prohibit social promotion. (105 ILCS 5/10-20.9).
ü High school districts and unit districts must have a policy on correspondence courses, although the content of such policy is completely discretionary. (23 Ill. Admin. Code 1.450(c)).
ü Districts with a high school must have a policy on how student’s can earn credit through the taking of proficiency examinations. (23 Ill. Admin. Code 1.460).
Building & Finance:
ü Each district must have a policy regarding facility expansion programs. (23 Ill. Admin. Code 1.210).
ü Each district must have a policy on fiscal and business management. (23 Ill. Admin. Code 1.210).
ü Each district must have an investment policy. (30 ILCS 235/2.5).
Discrimination:
ü Every school must have policies that prohibit discrimination on the basis of color, race, sex, national origin and disability. (105 ILCS 10-22.5, 22-11, 27-1, 2c Ill. Admin. Code 1.240 and 200.40(d), 20 USC 1681, et. seq. and 42 UCS 12102).
ü Every school must have a policy on “sex equity” and each district must periodically evaluate such policy to identify and eliminate sex discrimination. (23 Ill. Admin. Code 200-40).
ü Every district must have a sexual harassment policy and specific grievance procedures. (105 ILCS 5/10-22.5, 20 USC 1681 and 23 Ill. Admin. Code 200.10).
ü Each district must notify students, parents, guardians, employees and community members of the district’s uniform grievance procedures. This is required by various federal civil rights acts. Such policy needs to include names, addresses and phone numbers of the district’s nondiscrimination coordinator and complaint manager. (Note, employee grievance procedures are subject to collective bargaining.)
ü Districts must arrange for accommodations for disabled individuals at school events. Notification of such accommodations should be given to the public in advance. (42 USC 12102).
Employment & Faculty:
ü Each district must have a policy governing the working relationship between the superintendent and the board. (23 Ill. Admin. Code 1.210).
ü In accordance with various State and federal laws, each district must have a policy on equal employment opportunities within the district. Additionally, Illinois law requires districts to have a minority recruitment policy. (105 ILCS 5/10-20.7a).
School Board & District Operations:
ü The board must have a policy that governs the right to record open school board meetings. (5 ILCS 120/2.05).
ü Each district must have a policy containing goal statements to guide administration. (23 Ill. Admin. Code 1.210).
ü Districts must have a policy or procedure on the availability of public records. (5 ILCS 140/5).
ü In accordance with the State Gift Ban Act, each local district must also have a policy banning gifts from individuals and businesses doing business with the district. (5 ILCS 425/1).
ü Each district must have a policy on school admissions. (105 ILCS 5/10-21.2).
ü Districts must have in place a policy on public relations. (23 Ill. Admin. Code 1.210).
ü Each district must have a policy regarding relations with other organizations and agencies. (23 Ill. Admin. Code 1.210(b)(2)(A)).
ü Schools must provide notice of the School Visitation Rights Act. (820 ILCS 147/25).
Student Well-Being and Discipline:
ü All school districts in the State must have a policy on student discipline, which includes corporal punishment. The policy should also include student expulsions, suspensions and bus conduct and discipline for students with disabilities. (105 ILCS 5/10-22.6 and 23 Ill. Admin. Code 1.210, 1.280).
ü All districts must have in place a policy that waives school fees for parents who are not able to afford such fees. (105 ILCS 5/10-20.13).
ü If the district is participating in the National School Lunch or Breakfast programs, the district must adopt a policy on eligibility for free or reduced-price meals. (7 C.F.R. 240.10).
ü Each district must have a policy describing diagnostic procedures to identify the cause(s) of absenteeism and supportive services available to truants. (105 ILCS 5/26-13 and 23 Ill. Admin. Code 1.290(c)).
ü Boards must have a policy in place regarding student absenteeism for religious holidays. (105 ILCS 5/26-2b).
ü As a result of Tinker v. Des Moines Independent School District, the State now requires that every district have a policy on student rights and responsibilities. (23 Ill. Admin. Code 1.210).
ü The district’s parent-teacher advisory committee must, in cooperation with local law enforcement, develop guidelines for reciprocal reporting of criminal offenses committed by students. (105 ILCS 120/1.02).
ü All districts must have a policy on administration of medication to students. (105 ILCS 5/10-20.14b).
ü Districts must have a policy on managing students with chronic infectious diseases. (105 ILCS 5/10-21.11).
ü Schools must give notification on the intention to educate students about sexual abuse at least 5 days before such instruction takes place. (105 ILCS 5/27-13.2).
Items That Every Student Handbook Should Include
Federal law, and no doubt the law of your state, requires that parents and students be provided with certain information at the start of school or upon transferring into the district. The student handbook is an excellent place to put this required information. Additionally, the handbook serves as a natural depository for other student and parent information. Listed below are policies that parents and students must be notified about, as required by federal law, and policies that the authors believe that every good student handbook should contain. Additionally, it is again recommended that you consult your state’s statutes, as they are likely to contain additional requirements.
Mandatory Notification (It is suggested that these mandatory policies be included in your student handbook):
1. The Federal Educational Rights and Privacy Act (FERPA) requires that at the beginning of each school year parents (and eligible students) must be notified of their rights under the Act, mainly to examine and control the student’s record. 20 U.S.C. 1232g.
2. Students must be notified of the district’s uniform grievance procedures. 34 C.F.R., Part 106.8(a).
3. Various civil rights Acts also require the district to notify parents, employees and community members of the district’s uniform grievance procedures. Such notification must include the names, addresses and phone numbers of the district’s nondiscrimination coordinator and complaint manager.
4. In accordance with various federal laws, each district must have a policy on equal employment opportunities in the district.
5. If a district participates in the National School Lunch or Breakfast Programs, the district must have a policy on eligibility for free or reduced-price meals. 7 C.F.R. 240.10.
6. Parents and students must be notified about the district’s asbestos management plan. 40 C.F.R. 763.93.
Suggested Handbook Policies:
1. Preamble. A comprehensive statement giving the rationale for the school’s rules and procedures is often helpful when defending the district against lawsuits, especially when it comes to fundamental student rights.
2. Statement of philosophy. Such statement should include the school’s general educational philosophy as well as student rights and expectations.
3. School calendar. This item should list all school days and important school events.
4. Discipline policies. Such policies should list all school rules and disciplinary consequences.
5. Attendance policy. A good attendance policy should include reporting of student absences, student emergencies and consequences of truancy. Also included should be information on notification of parents regarding unexcused student absences.
6. Records policy. In addition to the mandatory reporting requirements of FERPA, an effective policy should include the school’s use and maintenance of student records.
7. School fees. The handbook should contain a complete list of school fees (including activity fees) and the district’s policy for exemption from payment.
8. Grading and curriculum policy. Such information should include course offerings, how grades are calculated, how credit is received, weighting of classes, required courses and promotion and graduation requirements.
9. Student testing and assessment. This policy should include the type of student assessment by grade level and dates of administration if known.
10. Student health regulations. This item should include information on health requirements, immunization and infectious diseases.
11. Student medication. Medication policies should include the district’s rules with respect to prescription and non-prescription medication and should discuss administration, self-medication and storage of medicine.
12. Discrimination policy. This should include the district’s sex equity policy in full. The policy should contain a statement verifying equal opportunities without respect to race, sex, religion, color, national origin, or physical or mental handicap.
13. Sexual harassment policy. The district’s sexual harassment policy should be stated in full. Included should be the names, addresses and phone numbers of persons with whom students can report or discuss harassment issues.
14. Transportation. This policy should include information on bussing, dropping off students at school and student drivers.
15. Breakfast and lunch programs. As noted above, this policy should contain the criteria for free and reduced-price meals.
16. Athletics and extracurricular activities. This policy should cover athletics as well as all student clubs and activities.
17. Drug and alcohol policy. This policy should include prohibitions under the federal Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7701).
18. Student appearance. Schools should include acceptable and unacceptable student dress and accessories.
19. Computer acceptable use policy. It is suggested that this policy cover all scholarly and personal use of school computers and receiving personal e-mail via school computers.
20. Special education programs. All handbooks should contain a comprehensive description of special education services that the district provides.
21. Visitor policy. It is highly recommended that all visitors check in with the central office upon arrival to the school.
22. Disclaimer. Often student handbooks contain a disclaimer stating that the handbook does not equate to an irrevocable contractual commitment to the student, but only reflects the current status of the rules and policies. Such statements are often helpful in employment manuals, though their usefulness in student handbooks is questionable.