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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/10-23.7
(105 ILCS 5/10-23.7) (from Ch. 122, par. 10-23.7)
Sec. 10-23.7.
Special Charter district - Adoption of Article 10.
This Article may be adopted by the electors of any special charter
school district, in the following manner:
The board of such district may, and upon petition of 10% of the
voters residing in such district, shall order submitted
to the voters of such
district the question whether Article 10 of the School Code shall be
adopted at a regular scheduled election to be held in accordance
with the general election law. The board shall certify the proposition to
the proper election authorities for submission to the electors.
If the vote is favorable to the adoption of this Article, the
transitional provisions of Section 10 of this Article shall apply as
though the effective date of this Act were the day of such referendum.
If the adoption of this Article is rejected, the proposition shall
not be resubmitted within 22 months.
(Source: P.A. 81-1489.)
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105 ILCS 5/10-23.8
(105 ILCS 5/10-23.8) (from Ch. 122, par. 10-23.8)
Sec. 10-23.8. Superintendent contracts. After the effective date of this amendatory Act of 1997 and the expiration of
contracts in effect on the effective date of this amendatory Act, school
districts may only employ a superintendent or, if authorized by law, a chief executive officer under either a
contract for a period not exceeding one year or a
performance-based
contract for a
period not exceeding 5 years.
Performance-based contracts shall be linked to student
performance and academic improvement within the schools of the districts. No
performance-based contract shall be extended or rolled-over prior to
its scheduled expiration unless all the performance and improvement goals
contained
in the contract have been met. Each performance-based contract
shall include the goals and indicators of student performance and academic
improvement determined and used by the local school board to measure the
performance and effectiveness of the superintendent and such other information
as the local school board may determine.
By accepting the terms of a multi-year contract, the
superintendent or chief executive officer waives all rights granted him or her under Sections
24-11 through 24-16 of this Act only for the term of the multi-year
contract. Upon acceptance of a multi-year contract, the superintendent or chief executive officer shall
not lose any previously acquired tenure credit with the district.
(Source: P.A. 99-846, eff. 6-1-17 .)
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105 ILCS 5/10-23.8a
(105 ILCS 5/10-23.8a) (from Ch. 122, par. 10-23.8a)
Sec. 10-23.8a. Principal, assistant principal, and other administrator contracts. After the effective date of this amendatory Act of 1997 and the expiration of
contracts in effect on the effective date of this amendatory Act, school
districts may only employ principals, assistant principals, and other school administrators under either a
contract for a period not to exceed one year or a performance-based contract for a period not to exceed 5
years, unless the provisions of Section 10-23.8b of this Code or subsection (e) of Section 24A-15 of this Code otherwise apply.
Performance-based contracts shall be linked to student
performance and academic improvement attributable to the responsibilities and
duties of the principal, assistant principal, or administrator. No performance-based
contract shall be extended or rolled-over prior to its scheduled expiration
unless
all the performance and improvement goals contained in the contract have been
met.
Each performance-based contract shall include the goals and
indicators of student performance and academic improvement determined and used
by the local school board to measure the performance and effectiveness of the
principal, assistant principal, or other administrator and such other information as the local school
board may determine.
By accepting the terms of a multi-year contract, the principal, assistant principal, or
administrator waives
all rights granted him or her under Sections 24-11 through 24-16 of this
Act only for
the term of the multi-year contract. Upon acceptance of a multi-year
contract, the principal, assistant principal, or administrator shall not lose any previously
acquired tenure credit with the district.
(Source: P.A. 97-217, eff. 7-28-11.)
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105 ILCS 5/10-23.8b
(105 ILCS 5/10-23.8b) (from Ch. 122, par. 10-23.8b)
Sec. 10-23.8b. Reclassification of principals and assistant principals. Upon non-renewal of a principal's or assistant principal's administrative contract, the principal or assistant principal shall be reclassified pursuant to this Section. No principal or assistant principal may be reclassified by demotion or reduction in rank from one
position within a school district to another for which a lower salary is
paid without written notice from the board of the proposed reclassification
by April 1 of the year in which the contract expires.
Within 10 days of the principal's or assistant principal's receipt of this notice,
the school board shall provide the principal or assistant principal with a written statement of
the facts regarding reclassification, and the principal or assistant principal may
request and receive a private hearing with the board to discuss the
reasons for the reclassification. If the principal or assistant principal is not satisfied with
the results of the private hearing, he or she may, within 5 days thereafter,
request and receive a public hearing on the reclassification. Any
principal or assistant principal may be represented by counsel at a private or public hearing
conducted under this Section.
If the board decides to proceed with the reclassification, it shall
give the principal or assistant principal written notice of its decision within 15 days of the
private hearing or within 15 days of the public hearing held under this
Section whichever is later. The decision of the board thereupon becomes
final.
Nothing in this Section prohibits a board from ordering lateral
transfers of principals or assistant principals to positions of similar rank and equal salary.
The changes made by Public Act 94-201 are declaratory of existing law.
(Source: P.A. 97-217, eff. 7-28-11.)
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105 ILCS 5/10-23.9
(105 ILCS 5/10-23.9)
Sec. 10-23.9. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-23.10
(105 ILCS 5/10-23.10) (from Ch. 122, par. 10-23.10)
Sec. 10-23.10.
(a) To sell or market any computer program developed
by an employee of the school district, provided that such employee developed
the computer program as a direct result of his or her duties with the
school district or through the utilization of the school district resources
or facilities. The employee who developed the computer program shall be
entitled to share in the proceeds of such sale or marketing of the computer
program. The distribution of such proceeds between the employee and the
school district shall be as agreed upon by the employee and the school
district, except that neither the employee nor the school district may receive more
than 90% of such proceeds. The negotiation for an employee who is represented
by an exclusive bargaining representative under Section 3-14.24 may be
conducted by such bargaining representative at the employee's request.
(b) For the purposes of this Section:
(1) "Computer" means an internally programmed, general purpose digital
device capable of automatically accepting data, processing data and supplying
the results of the operation.
(2) "Computer program" means a series of coded instructions or statements
in a form acceptable to a computer, which causes the computer to process
data in order to achieve a certain result.
(3) "Proceeds" means profits derived from marketing or sale of a product
after deducting the expenses of developing and marketing such product.
(Source: P.A. 83-797.)
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105 ILCS 5/10-23.11
(105 ILCS 5/10-23.11) (from Ch. 122, par. 10-23.11)
Sec. 10-23.11.
To accept payment for student fees and expenses through
the use of credit cards and to negotiate and execute such contracts as may
be necessary to accept such credit card payments.
In this context, "credit card" means any instrument or device, whether
known as a credit card, credit plate, charge plate or any other name,
issued with or without fee by an issuer for the use of the cardholder in
obtaining money, goods, services or anything else of value on credit or in
consideration of an undertaking or guaranty by the issuer of the payment of
a check drawn by the cardholder.
(Source: P.A. 84-388.)
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105 ILCS 5/10-23.12 (105 ILCS 5/10-23.12) (from Ch. 122, par. 10-23.12) Sec. 10-23.12. Child abuse and neglect; willful or negligent failure to report. (a) (Blank). (b) (Blank). (c) Except for an employee licensed under Article 21B of this Code, if a school board determines that any school district employee has willfully or negligently failed to report an instance of suspected child abuse or neglect, as required by the Abused and Neglected Child Reporting Act, then the school board may dismiss that employee immediately upon that determination. For purposes of this subsection (c), negligent failure to report an instance of suspected child abuse or neglect occurs when a school district employee personally observes an instance of suspected child abuse or neglect and reasonably believes, in his or her professional or official capacity, that the instance constitutes an act of child abuse or neglect under the Abused and Neglected Child Reporting Act, and he or she, without willful intent, fails to immediately report or cause a report to be made of the suspected abuse or neglect to the Department of Children and Family Services, as required by the Abused and Neglected Child Reporting Act. (Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542) .) |
105 ILCS 5/10-23.13 (105 ILCS 5/10-23.13) Sec. 10-23.13. Policies addressing sexual abuse. (a) In this Section: "Evidence-informed" refers to modalities that were created utilizing components of evidence-based treatments or curriculums. "Grooming" means conduct prohibited under Section 11-25 of the Criminal Code of 2012. (b) To adopt and implement, by no later than July 1, 2022, a policy addressing sexual abuse of children that shall include an age-appropriate and evidence-informed curriculum for students in pre-K through 12th grade; evidence-informed training for school personnel on child sexual abuse; evidence-informed educational information to parents or guardians provided in the school handbook on the warning signs of a child being abused, along with any needed assistance, referral, or resource information; available counseling and resources for students affected by sexual abuse; and emotional and educational support for a child to continue to be successful in school. A school district shall include in its policy and all training materials and instruction a definition of prohibited grooming behaviors and boundary violations for school personnel and how to report these behaviors. Any policy adopted under this Section shall address without limitation: (1) methods for increasing school personnel, | | student, and parent awareness of issues regarding sexual abuse of children, including awareness and knowledge of likely warning signs indicating that a child may be a victim of sexual abuse, awareness and knowledge of grooming behaviors and how to report those behaviors, awareness of appropriate relationships between school personnel and students based on State law, and how to prevent child abuse from happening, including, but not limited to, methods outlined in State law regarding personal health and safety education for students;
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| (1.5) evidence-informed training for school personnel
| | on preventing, recognizing, reporting, and responding to child sexual abuse and grooming behavior, including when the grooming or abuse is committed by a member of the school community, with a discussion of the criminal statutes addressing sexual conduct between school personnel and students, professional conduct, and reporting requirements, including, but not limited to, training as outlined in Section 10-22.39 and Section 3-11;
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| (2) options that a student who is a victim of sexual
| | abuse has to obtain assistance and intervention;
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| (3) available counseling options for students
| | affected by sexual abuse;
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| (4) methods for educating school personnel, students,
| | and staff on how to report child abuse to law enforcement authorities and to the Department of Children and Family Services and how to report grooming behaviors, including when the grooming or abuse is committed by a member of the school community; and
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| (5) education and information about children's
| | advocacy centers and sexual assault crisis centers and information about how to access a children's advocacy center or sexual assault crisis center serving the district.
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| (c) A school district must provide training for school personnel on child sexual abuse as described in paragraph (1.5) of subsection (b) no later than January 31 of each year.
(d) This Section may be referred to as Erin's Law.
(Source: P.A. 102-610, eff. 8-27-21.)
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105 ILCS 5/10-27.1A
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Firearms in schools.
(a) All school officials, including teachers, school counselors, and
support staff, shall immediately notify the office of the principal in the
event that they observe any person in possession of a firearm on school
grounds; provided that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety, or welfare of
students who are under the direct supervision of the school official or the
school official. If the health, safety, or welfare of students under the
direct supervision of the school official or of the school official is
immediately endangered, the school official shall notify the office of the
principal as soon as the students under his or her supervision and he or she
are no longer under immediate danger. A report is not required by this Section
when the school official knows that the person in possession of the firearm is
a law enforcement official engaged in the conduct of his or her official
duties. Any school official acting in good faith who makes such a report under
this Section shall have immunity from any civil or criminal liability that
might otherwise be incurred as a result of making the report. The identity of
the school official making such report shall not be disclosed except as
expressly and specifically authorized by law. Knowingly and willfully failing
to comply with this Section is a petty offense. A second or subsequent offense
is a Class C misdemeanor.
(b) Upon receiving a report from any school official pursuant to this
Section, or from any other person, the principal or his or her designee shall
immediately notify a local law enforcement agency. If the person found to be
in possession of a firearm on school grounds is a student, the principal or
his or her designee shall also immediately notify that student's parent or
guardian. Any principal or his or her designee acting in good faith who makes
such reports under this Section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed as a result of making
the reports. Knowingly and willfully failing to comply with this Section is a
petty offense. A second or subsequent offense is a Class C misdemeanor. If
the person found to be in possession of the firearm on school grounds is a
minor, the law enforcement agency shall detain that minor until such time as
the agency makes a determination pursuant to clause (a) of subsection (1) of
Section 5-401 of the Juvenile Court Act of 1987, as to whether the agency
reasonably believes that the minor is delinquent. If the law enforcement
agency determines that probable cause exists to believe that the minor
committed a violation of item (4) of subsection (a) of Section 24-1 of the
Criminal Code of 2012 while on school grounds, the agency shall detain the
minor for processing pursuant to Section 5-407 of the Juvenile Court Act of
1987.
(c) Upon receipt of any written,
electronic, or verbal report from any school personnel regarding a verified
incident involving a firearm in a school or on school owned or leased property,
including any conveyance owned,
leased, or used by the school for the transport of students or school
personnel, the superintendent or his or her designee shall report all such
firearm-related incidents occurring in a school or on school property to the
local law enforcement authorities immediately, who shall report to the Illinois State Police in a form, manner, and frequency as prescribed by the Illinois State Police.
The State Board of Education shall receive an annual statistical compilation
and related data associated with incidents involving firearms in schools from
the Illinois State Police. The State Board of Education shall compile
this information by school district and make it available to the public.
(d) As used in this Section, the term "firearm" shall have the meaning
ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.
As used in this Section, the term "school" means any public or private
elementary or secondary school.
As used in this Section, the term "school grounds" includes the real property
comprising any school, any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school-related activity, or any
public way within 1,000 feet of the real property comprising any school.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
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