Danielle Craan is a Legal Content Intern at ILAO. 

Illinois recently passed 3 laws that affect the religious rights of students. This includes: 

• Fasting, 
• Uniforms, and 
• Religious observance. 

This article will explain the new laws. Each of these laws are effective immediately. 
 

Fasting and physical activity

House Bill 0160 changes the Illinois School Code. The school code is the state law that governs the education system in Illinois.  

HB0160 excuses students from any physical activity in gym class.This exception is only valid during a time of religious fasting. The student’s parent or guardian has to tell the school principal in writing that the student is fasting. 

Absence for religious reasons 

House Bill 0169 amends Article 26 of the Illinois School Code. Article 26 says children aged 6-17 must attend school during the regular school year. HB0169 creates an exception if a child is absent for religious reasons. These reasons include religious holidays or religious instruction. 

Each district superintendent has to make absence procedures. They must also distribute these rules. The procedures include how students should notify schools of an absence. 

Modesty and changes to team uniforms 

HB0120 says that a school board must allow a student athlete to modify their uniform for modesty reasons. The changes to the uniform can include wearing:

• A hijab, 
• An undershirt, or
• Leggings.

The modification depends on the student. They may make changes based on:

• Religion,
• Cultural values, or 
• Modesty preferences. 

If a student chooses to modify their uniform, the student pays the cost. But, the school code doesn’t keep a school from providing the changes to the student. Also, the student doesn’t need school board approval before making changes.

Any changes to the uniform can’t prevent the student's movement. The changes also can't pose a safety hazard. The alteration of headgear is allowed if the headgear:

• Is black, white, or the dominant color of the uniform,
• Is the same color for all players on the team,
• Does not cover any part of the face,
• Is not dangerous to the wearer or other players, 
• Has no opening or closing parts around the face and neck, and
• Has no parts sticking out from its surface.

This new law doesn’t only apply to public schools. This rule applies to nonpublic schools, charter schools, and community colleges. It also applies to universities.