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The law prohibits unwelcome advances of a sexual nature or requests for sexual favors of students by an executive, faculty member, administrative staff member, or teaching assistant in an educational institution when such behavior interferes with the student's performance or creates an intimidating, hostile or offensive environment.
Education Rights
Illinois law protects students from discrimination in elementary schools, high schools, colleges, and universities. Whether you need equal access to classes, programs, facilities, or activities, or protection from harassment, you have the right to be treated fairly.
What you'll find here:
Examples of discrimination, where students are protected, how to file a charge, and what schools must do under the law.
⏱ Reading time: 11 minutes
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Table of contents
Learn What Discrimination Looks Like
Real situations to help you identify violations of your rights.
Do You Want to File a Charge?
Find out how to file and what to expect.
Your Rights Under Illinois Law
Know what protections you have
Where You Are Protected
Learn which parts of school life the law covers.
What Schools Must Do
Know what your school is required to do under Illinois law.
What IDHR Cannot Do
Learn our limits so you can find the right help.
Education FAQs
Find answers to common questions
Learn What Discrimination Looks Like
Illinois law makes it illegal for schools to discriminate against you because of who you are.
Discrimination in school can take many forms. These real examples can help you tell when your rights have been violated.
Protected Characteristics Include
Race, color, and national origin
Sex, including pregnancy and reproductive health decisions
Sexual orientation, including gender identity and gender expression
Disability
Religion
Ancestry
Marital status
Discrimination examples
Enrollment
A school refuses to enroll a student because of their race, religion, or another protected characteristic.
Access to facilities and programs
A school blocks a student from using a restroom or locker room that matches their gender identity, or denies a student with a disability access to classroom technology.
Denied accommodations
You request reasonable accommodation for your disability or pregnancy. Your employer refuses without discussing options.
Athletics and extracurriculars
A school bars a student from a sports team, club, or activity because of their gender identity, sex, disability, or another protected characteristic.
Unequal pay or benefits
You are paid less than colleagues who do the same work with similar experience. The only real difference is your sex, race, or another protected characteristic.
Harassment
A student faces ongoing slurs, threats, or hostile treatment from peers or staff, and the school does nothing after being told.
Sexual harassment
A faculty member, administrator, coach, or teaching assistant pressures a student for sexual favors in exchange for grades, recommendations, scholarships, or program access.
Reasonable accommodations
A school denies a student with a disability a needed accommodation, such as accessible materials, modified testing, or assistive technology.
Retaliation
A student faces lower grades, removal from a program, or other consequences after reporting discrimination or harassment.
Do You Want to File a Charge?
If you have faced discrimination at your school, here is what you should know.
Before you file:
You must file within 2 years of the incident
Filing is free
You do not need a lawyer
You are protected from retaliation for filing
What happens when you file:
We review your charge to see if it falls under the Illinois Human Rights Act
If we accept it, we investigate by collecting information from all parties
We may try to resolve the issue through mediation or settlement
If we cannot resolve it, your case may move to a hearing
We will draft a charge for your signature if:
Your situation is covered under the Act
We have jurisdiction over the school or institution
You file within the required timeframe
Retaliation is Illegal
It is unlawful for a school, or anyone at a school, to retaliate against you for:
Reporting discrimination or harassment
Participating in an investigation through IDHR
Speaking up about a discriminatory practice
If you believe you have experienced retaliation, contact IDHR to file a charge.
Your Rights Under Illinois Law
Under the Illinois Human Rights Act, schools cannot:
Refuse to enroll a student based on a protected characteristic.
Deny access to facilities, programs, or services based on a protected characteristic.
Allow severe or ongoing harassment to continue after being informed about it.
These protections apply at school and during school-related activities, whether they happen on or off school grounds.
Where You Are Protected
Under Illinois law, public and private non-sectarian schools, colleges, and universities cannot treat students unfairly because of who they are. The Illinois Human Rights Act’s education protections do not generally apply to religious schools.
In these settings
Elementary and secondary schools
The law covers
Public and non-sectarian private K–12 schools, including charter schools.
And protects you in
Enrollment, access to classes and programs, use of facilities, athletics and extracurriculars, discipline, and freedom from harassment.
Colleges and universities
Non-sectarian undergraduate and graduate institutions in Illinois.
Admission, course access, instruction, grading, scholarships, athletics, housing, use of facilities, and freedom from harassment.
School-sponsored activities
Field trips, athletic events, performances, and other school-related activities, on or off school grounds.
The same protections that apply during the school day.
What Schools Must Do
Higher education notice requirement
Colleges and universities in Illinois must give students information about state laws and policies that prohibit sexual harassment, including where to file complaints. Schools may post these notices in common areas or share them when students register for courses.
Racism-Free Schools training
Under the Racism-Free Schools Law, elementary and secondary schools in Illinois must provide training to prevent discrimination and harassment based on race, color, and national origin. Schools may use IDHR’s free model training or their own program that meets the law’s minimum standards. Learn more on our Compliance page for schools.
Special protections for transgender, nonbinary, and gender nonconforming students
Students have the right to be treated the same way as their peers. That includes:
Being called by their chosen name and pronouns
Using restrooms, locker rooms, and changing rooms that match their gender identity
Participating in sports and other activities that align with their gender identity
Following dress codes equally
Attending school free from harassment
Schools cannot refuse to enroll a student, deny access to facilities or programs, or ignore severe or ongoing harassment because of a student’s gender identity or expression.
What IDHR Cannot Do
We want to be clear about what falls outside our jurisdiction so you can find the right help.
We cannot investigate:
Federal government schools or officials – Cases against the federal government or federal officials are not within our authority. The U.S. Department of Education’s Office for Civil Rights handles federal civil rights complaints in education.
Religious schools – The Illinois Human Rights Act’s education provisions generally apply only to non-sectarian schools. We may not be able to investigate complaints against religious institutions.
Academic disputes – Disagreements about grades, course content, or other academic decisions that are not based on a protected characteristic fall outside our authority.
Bullying not based on a protected characteristic – Illinois schools are required to have anti-bullying policies. Report bullying directly to your school administrator first.
Criminal conduct – If you experience assault, threats, or other criminal behavior, contact law enforcement immediately by calling 911.
Matters outside Illinois – IDHR enforces Illinois law. Discrimination in other states falls under their jurisdiction.
Cases outside our legal authority
If we cannot investigate your situation, that does not mean what happened was okay. It means your case may fall under a different law or agency. We will do our best to point you in the right direction.
Education Rights - FAQs
Under the Illinois Human Rights Act, public and private non-sectarian schools, colleges, and universities cannot discriminate against students based on protected characteristics including race, color, national origin, sex (including pregnancy and reproductive health decisions), sexual orientation (including gender identity and gender expression), disability, religion, ancestry, and marital status. Prohibited actions include refusing to enroll a student, denying access to facilities, programs, or services, and allowing severe or ongoing harassment to continue after being informed about it. These protections apply at school and during school-related activities, whether on or off school grounds.
Under the Illinois Human Rights Act, students are protected in public and private non-sectarian elementary and secondary schools (including charter schools), non-sectarian colleges and universities, and school-sponsored activities including field trips, athletic events, performances, and other school-related activities on or off school grounds. Protections cover enrollment, access to classes and programs, use of facilities, athletics and extracurriculars, discipline, admission, course access, instruction, grading, scholarships, housing, and freedom from harassment. The Act's education protections do not generally apply to religious schools.
Guidance & Publications
- Protection of Transgender, Nonbinary, and Gender Nonconforming Students – IDHR non-regulatory guidance for schools, students, and families.
- Compliance Standards for Education Institutions
Postings and training requirements.
Related Topics
Public Accommodations
Your right to equal access in stores, services, restaurants, facilities, public restrooms, and other public spaces.
Gender & Sexual Orientation
Protections for transgender, nonbinary, and LGBTQ+ people across employment, housing, public spaces, and services.