(105 ILCS 5/19-3.5) Sec. 19-3.5. Flood-damaged building. Martinsville Community Unit School District 3C is authorized to issue bonds in not to exceed the amount of $4,000,000 for the purpose of paying the cost of acquiring and improving a school site and building and equipping a new school building on the site to replace all or a portion of a school building closed by the regional superintendent of schools pursuant to Section 3-14.22 of this Code because of flood damage. The replacement building may be larger than the size of and offer more functions than the school building being replaced. Bonds issued pursuant to this Section may be issued without referendum and shall mature not more than 25 years from the date of issuance.
(Source: P.A. 96-517, eff. 8-14-09.) |
(105 ILCS 5/19-3.10)
Sec. 19-3.10. Mine subsidence damaged building. Gillespie Community Unit School District 7 is authorized to issue bonds in not to exceed the amount of $22,000,000 for the purpose of paying the cost of acquiring and improving a school site and building and equipping a new school building on the site to replace all or a portion of a school building closed by the regional superintendent of schools pursuant to Section 3-14.22 of this Code because of mine subsidence damage. The replacement building may be larger than the size of and offer more functions than the school building being replaced. Bonds issued pursuant to this Section may be issued without referendum and shall mature not more than 25 years from the date of issuance.
(Source: P.A. 96-517, eff. 8-14-09.) |
(105 ILCS 5/19-3.15) Sec. 19-3.15. School additions; Chaney-Monge School District 88. Notwithstanding the requirements of any other applicable law and without further referendum approval, Chaney-Monge School District 88 is authorized to issue bonds in not to exceed the amount of $3,000,000 to provide for the improvement, alteration, and repair of schoolhouses and to fund the local share as required for a Capital Development Board school construction grant to fund school additions and associated construction and equipment with respect to which a referendum was passed on March 18, 2014.
(Source: P.A. 98-1060, eff. 8-26-14.) |
(105 ILCS 5/19-4) (from Ch. 122, par. 19-4)
Sec. 19-4.
Bonds issued - Boundaries changed.
Where bonds are issued by any school district under the provisions of
Section 19-2 through Section 19-6, and before any contract is let for
the construction of buildings or improvements in accordance therewith
the district boundaries are changed by the formation of a new district
including all or a part of said district, or by the annexation of a
district in its entirety to another district, then upon the adoption of
a resolution by the board of education of the new district or the
district to which the territory has been annexed, that the building or
improvements are no longer feasible, the board shall by resolution order
submitted to the electors the
proposition of authorizing the board to use the proceeds of said bonds
or the portion thereof allotted to the new district or district to which
said territory is annexed for a specific new building or improvement in
some locality of the district other than the one specified at the
previous election, or for a different improvement, or for a part of the
original improvements. In case a new district has been formed, no such
referendum shall be held unless the new district embraces
territory having
as much or more assessed valuation as the territory embraced in the
district at the first election. The board shall certify the resolution
and the proposition to the proper election authorities for submission in
accordance with the general election law.
Where bonds are issued by any school district under the provisions of
Section 19-2 through Section 19-6, and it is determined by the board
of education by resolution that it is in the interests of the school
district that part or all of the proceeds of said bonds be used for
different purposes than authorized but for purposes for which bonds may
be issued under the provisions of Section 19-2 through Section 19-6,
the board shall by resolution order submitted to the electors the proposition
of authorizing the
board to use the proceeds of said bonds or a part thereof for the
purposes set forth in said resolution and if a majority of all the votes
cast on said proposition is in favor thereof the board shall have such
authority. The board shall certify the resolution and the proposition
to the proper election authorities for submission in accordance with the
general election law.
(Source: P.A. 84-1334.)
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(105 ILCS 5/19-5) (from Ch. 122, par. 19-5)
Sec. 19-5.
Registration, numbering and countersigning.
All bonds issued under this Act, except bonds issued by school districts
having a population of more than 500,000 inhabitants, before being issued,
negotiated and sold, shall be registered, numbered and countersigned by the
treasurer who receives the taxes of the district. The registration shall be
made in a book in which shall be entered the record of the election
authorizing the directors or the board of education to borrow money and a
description of the bonds issued, including the number, date, to whom
issued, amount, rate of interest and when due.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-6) (from Ch. 122, par. 19-6)
Sec. 19-6. Bond money to school treasurer - Delivery of bonds - Record -
Payment. All moneys borrowed under the authority of this Act, except money
borrowed by school districts having a population of more than 500,000
inhabitants, shall be paid to the school treasurer of the district. The
treasurer shall, before receiving any of the money, execute a bond with
a surety company authorized to do business in this State, as
surety, payable to the school board of the district in Class I county
school units or township trustees in Class II county school units and
conditioned upon the faithful discharge of his duties, except that the bond
required of the school treasurer of a school district which is located in a
Class II county school unit but which no longer is subject to the
jurisdiction and authority of a township treasurer or trustees of schools
of a township because the district has withdrawn from the jurisdiction and
authority of the township treasurer and trustees of schools of the township
or because those offices have been abolished as provided in subsection (b)
or (c) of Section 5-1 shall be payable to the school board of such district
and conditioned upon the faithful discharge of his duties. The bond shall
be submitted for approval or rejection to the school board of the district
or to the township trustees to which such bond is payable. The penalty of
the bond or bonds shall be an amount no less than 10% of the amount of such
bond issue, whether
individuals act as surety or whether the
surety is given by a surety company authorized to transact business in this
State. The bond shall be in substantially the same form as that required by
Section 8-2 of this Act and when so given shall fully describe the bond
issue which it specifically covers and shall remain in force until the
funds of the bond issue are taken into account in determining the penalty amount for the surety bond required by Section 8-2 of this Code.
Upon receiving such moneys the treasurer shall deliver the bonds issued
therefor to the persons entitled to receive them, and shall credit the
funds received to the district issuing the bonds. The treasurer shall
record the amount received for each bond issued. When any bonds are paid
the treasurer shall cancel them and shall enter, against the record of the
bonds, the words, "paid and cancelled the .... day of ...., 1 ....,"
filling the blanks with the day, month, and year corresponding to the date
of payment.
(Source: P.A. 103-49, eff. 6-9-23.)
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(105 ILCS 5/19-7) (from Ch. 122, par. 19-7)
Sec. 19-7.
Certified copy of resolution filed with county clerk-Registry of bonds-Extension of tax.
Whenever any school district having a population of less than 500,000
inhabitants is authorized to issue bonds, the recording officer thereof
shall file in the office of the county clerk of each county in which any
portion of the district is situated a certified copy of the resolution
providing for their issuance and levying a tax to pay them. The county
clerk shall prepare and keep in his office a registry of all such bonds
which shall show the name of the issuing body and the date, amount,
purpose, rate of interest and maturity of the bonds to be issued, and the
county clerk, subject to the provisions of Section 7-14 of this Act,
annually shall extend taxes against all the taxable property situated in
the county and contained in the district in amounts sufficient to pay
maturing principal and interest, and such taxes shall be computed, extended
and collected in the same manner as is now or may hereafter be provided for
the computation, extension and collection of taxes for general corporate
purposes for the issuing district. If no such certified copy of resolution
has been filed with reference to any bonds heretofore authorized one shall
promptly be filed.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-8)
(from Ch. 122, par. 19-8)
Sec. 19-8. Bonds
to pay claims. Any school district or non-high district operating under general law or
special charter having a population of 500,000 or less is authorized to
issue bonds for the purpose of paying orders issued for the wages of
teachers, for the payment of claims against any such district, or for providing funds to effect liquidation or defeasance of the obligations of a Financial Oversight Panel pursuant to the provisions of Section 1H-115 of this Code.
Such bonds may be issued in an amount, including existing indebtedness,
in excess of any statutory limitation as to debt.
(Source: P.A. 97-429, eff. 8-16-11.)
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(105 ILCS 5/19-9) (from Ch. 122, par. 19-9)
Sec. 19-9. Resolution to issue bonds - Submission to voters. Before any district as described in Section 19-8 shall avail itself
of the provisions of that section the governing body thereof shall
examine and consider the several teachers' orders or claims or liabilities of a Financial Oversight Panel established pursuant to Article 1H of this Code, or any or all of these,
proposed to be paid and if it appears that they were authorized and
allowed for proper school purposes it shall adopt a resolution so
declaring and set forth and describe in detail such teachers' orders and
claims and liabilities of a Financial Oversight Panel established pursuant to Article 1H of this Code and the adoption of the resolution shall establish the validity
thereof, notwithstanding the amount of such orders and claims and liabilities of a Financial Oversight Panel established pursuant to Article 1H of this Code may exceed
in whole or in part any applicable statutory debt limit in force at the
time the indebtedness evidenced by such orders and claims and liabilities of a Financial Oversight Panel established pursuant to Article 1H of this Code was incurred.
The resolution shall also declare the intention of the district to issue
bonds for the purpose of paying such teachers' orders or claims or liabilities of a Financial Oversight Panel established pursuant to Article 1H of this Code, and direct that notice of such intention be published at least once
in a newspaper published within the district and if there be no newspaper
published within the district then notice shall be published
in a newspaper having general circulation within the district. The
notice shall set forth (1) the time within which a petition may be filed
requesting the submission of the proposition to issue the bonds as
hereinafter in this Section provided; (2) the specific number of voters
required to sign the petition; and the date of the prospective referendum.
The recording officer of the district shall provide a petition form to
any individual requesting one. If within 30 days after such
publication of such notice a petition is filed with the recording
officer of the district, signed by the voters
of the district equal to 10% or more of the registered voters of the district
requesting that the proposition to issue bonds as authorized by
Section 19-8 be submitted to the voters thereof, then the district
shall not be authorized to issue bonds as provided by Section 19-8
until the proposition has been submitted to and approved by a majority
of the voters voting on the proposition at a regular scheduled
election. The board shall certify the proposition to the proper election
authorities for submission in accordance with the general election law.
If no such petition with the requisite number of signatures is filed within
said 30 days, or if any and all petitions filed are invalid, then the
district shall thereafter be authorized to issue bonds for the purposes and
as provided in Section 19-8.
(Source: P.A. 97-429, eff. 8-16-11.)
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(105 ILCS 5/19-10) (from Ch. 122, par. 19-10)
Sec. 19-10.
Payment of liabilities resulting from division of assets.
Any school district having a population of 500,000 or less is authorized
to issue bonds for the purpose of the payment of any liabilities or
obligations imposed on such district resulting from the division of assets
as provided by Article 7 of this Act or Article 5 of this Act as it existed
prior to July 1, 1952.
Within 90 days after the final order of the county board of school
trustees dividing assets as a result of creating a new district the school
board of such newly created district or the school board of a district a
portion of whose territory is included within the newly created district
shall pay any amounts due.
The school board of a district obligated or liable under the provisions
of this Section shall issue bonds to the extent necessary to enable the
district to discharge its obligations unless funds can otherwise be made
available for such purpose, and such bonds may be issued in an amount,
including existing indebtedness, in excess of any statutory limitation as
to debt but subject to the 5% constitutional limit.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-11) (from Ch. 122, par. 19-11)
Sec. 19-11. Amount of indebtedness - Interest and maturity. Any district which has complied with Section 19-9 and which is
authorized to issue bonds under Sections 19-8, 19-9 and 19-10 shall
adopt a resolution specifying the amount of indebtedness to be funded,
whether for the purpose of paying claims, or for paying teachers' orders,
or for paying liabilities or obligations imposed on any district resulting
from the division of assets as provided by Article 7 of this Act or Article
5 of this Act as it existed prior to July 1, 1952. The resolution shall set
forth the date, denomination, rate of interest and maturities of the bonds,
fix all details with respect to the issue and execution thereof, and
provide for the levy of a tax sufficient to pay both principal and interest
of the bonds as they mature. The bonds shall bear interest at a rate not to
exceed the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, payable annually
or semi-annually,
as the governing
body may determine, and mature in not more than 20 years from the date thereof or as otherwise authorized by law.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 100-531, eff. 9-22-17.)
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(105 ILCS 5/19-12) (from Ch. 122, par. 19-12)
Sec. 19-12.
Filing copy of resolution-Extension of taxes.
A certified copy of the resolution authorizing the issue of bonds under
Sections 19-8 through 19-11 shall be filed with the county clerk of each
county in which any portion of any such district is situated and the county
clerk shall annually extend taxes against all of the taxable property
situated in the county and contained in such district in amounts sufficient
to pay maturing principal and interest of such bonds without limitation as
to rate or amount and in addition to and in excess of any taxes that may
now or hereafter be authorized to be levied by Sections 12-11 and 12-11.1
or 17-2 through 17-9.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-13) (from Ch. 122, par. 19-13)
Sec. 19-13.
Sale
or exchange of bonds.
Any bonds issued under Sections 19-8 to 19-11, inclusive, may be
exchanged par for par for claims or unpaid orders for wages of teachers, or
both, or may be sold and the proceeds received used to pay such claims or
orders.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-14) (from Ch. 122, par. 19-14)
Sec. 19-14.
Validity of indebtedness-Validity of bonds.
Purchasers of such bonds shall not be obligated to inquire into the
validity of the indebtedness funded, and bonds issued under sections
19-8 through 19-11 shall be the valid and binding obligations of the
school district, notwithstanding the fact that the bonds, together with
existing indebtedness, either in whole or in part, exceed any statutory
debt limitation in force at the time the bonds are issued.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/prec. Sec. 19-15 heading)
REFUNDING BONDS
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(105 ILCS 5/19-15) (from Ch. 122, par. 19-15)
Sec. 19-15.
Authority to refund bonds.
When a school district has issued bonds or other evidence of
indebtedness for any purposes which are binding and subsisting legal
obligations and remaining outstanding, the school board of the district
may, upon the surrender of the bonds or other evidences of indebtedness,
issue in lieu thereof to the holders or owners thereof or to other persons
for money with which to pay them, new bonds or other evidences of
indebtedness, according to the subsequent provisions of this Article.
For the purposes of Sections 19-15 through 19-26 "school district"
includes any non-high school district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-16) (from Ch. 122, par. 19-16)
Sec. 19-16.
Resolution for issuance.
The corporate authorities of any school district, without submitting the
question to the electors thereof for approval, may authorize by resolution
the issuance of refunding bonds (1) to refund its bonds prior to their
maturity; (2) to refund its unpaid matured bonds; (3) to refund matured
coupons evidencing interest upon its unpaid bonds; (4) to refund interest
at the coupon rate upon its unpaid matured bonds that has accrued since the
maturity of those bonds; (5) to refund its bonds which by their terms are
subject to redemption before maturity; and (6) to refund other valid and
subsisting evidences of indebtedness that are due and payable. The
refunding bonds and the procedure for issuing them shall comply with
Sections 19-5 through 19-7.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-17) (from Ch. 122, par. 19-17)
Sec. 19-17.
Registrability - Interest - Time and place of payment.
The refunding bonds may be made registerable as to principal and may
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
if issued
before January
1, 1972 and not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
if issued after
January 1, 1972,
payable at such time and place as may be provided in the bond resolution.
They shall remain valid even though one or more of the officers executing
the bonds ceases to hold his or their offices before the bonds are
delivered.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/19-18) (from Ch. 122, par. 19-18)
Sec. 19-18.
Details prescribed-Levy and collection of tax.
The resolution authorizing refunding bonds shall prescribe all details
thereof and shall provide for the levy and collection of a direct annual
tax upon all the taxable property within the school district sufficient to
pay the principal thereof and interest thereon as it matures. The tax shall
be levied and collected in like manner as the general taxes for the school
district and shall not be included within any limitation of rate for
general purposes as now or hereafter provided by law but shall be excluded
therefrom and be in addition thereto and in excess thereof.
A certified copy of the bond resolution shall be filed with the county
clerk of the county in which the school district or any portion thereof is
situated, and shall constitute the authority for the extension and
collection of refunding bond and interest taxes as required by the
constitution.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-19) (from Ch. 122, par. 19-19)
Sec. 19-19.
Sale
or exchange-Use of proceeds-Cancellation.
The refunding bonds may be exchanged for the bonds to be refunded on the
basis of dollar for dollar for the par value of the bonds, interest
coupons, and interest not represented by coupons, if any, or they may be
sold at not less than their par value and accrued interest. The proceeds
received from their sale shall be used to pay the bonds, interest coupons,
and interest not represented by coupons, if any, without any prior
appropriation therefor under any budget law.
Bonds and interest coupons which have been received in exchange or paid
shall be cancelled and the obligation for interest, not represented by
coupons, which has been discharged, shall be evidenced by a written
acknowledgment of the exchange or payment thereof.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-20) (from Ch. 122, par. 19-20)
Sec. 19-20. Execution-Maturity-Callable.
The refunding bonds shall be of such form and denomination, payable at
such place, bear such date, and be executed by such officials as may be
provided by the corporate authorities of the school district in the bond
resolution. They shall mature within not to exceed 20 years from their
date, and may be made callable on any interest payment date at par and
accrued interest after notice has been given at the time and in the manner
provided in the bond resolution; however, the limitation shall be 25 years for bonds issued by Valley View Community Unit School District 365U that refund (i) bonds authorized under Section 19-3 of this Code or (ii) bonds refunding or continuing to refund bonds authorized under Section 19-3 of this Code.
(Source: P.A. 96-1546, eff. 3-10-11.)
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(105 ILCS 5/19-21) (from Ch. 122, par. 19-21)
Sec. 19-21.
Redemption of bonds.
If there is no default in payment of the principal of or interest upon
the refunding bonds, and a sum of money equal to the amount of interest
that will accrue on the refunding bonds and a sum of money equal to the
amount of principal that will become due thereon within the next 6 months
period has been set aside, the treasurer of the school district shall use
the money available from the proceeds of taxes levied for the payment of
the refunding bonds in calling them for payment, if, by their terms, they
are subject to redemption. However, a school district may provide in the
bond resolution that whenever the school district is not in default in
payment of the principal of or interest upon the refunding bonds and has
set aside the sums of money provided in this section for interest accruing
and principal maturing within the next 6 months period, the money available
from the proceeds of taxes levied for the payment of refunding bonds shall
be used, first, in the purchase of the refunding bonds at the lowest price
obtainable, but not to exceed their par value and accrued interest, after
sealed tenders for their purchase have been advertised for as may be
directed by the corporate authorities thereof.
Refunding bonds called for payment and paid or purchased under this
section shall be marked paid and cancelled.
(Source: Laws 1963, p. 3062.)
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(105 ILCS 5/19-22) (from Ch. 122, par. 19-22)
Sec. 19-22.
Reduction of tax levy-Bonds purchased and cancelled.
Whenever refunding bonds are purchased and cancelled as provided in
Section 19-21, the taxes thereafter to be extended for payment of the
principal of and the interest on the remainder of the issue shall be
reduced in an amount equal to the principal of and the interest that would
have thereafter accrued upon the refunding bonds so cancelled. A resolution
shall be adopted by the corporate authorities of the school district
finding these facts. A certified copy of this resolution shall be filed
with the county clerk specified in Section 19-18, whereupon he shall
reduce and extend such tax levies in accordance therewith.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-23) (from Ch. 122, par. 19-23)
Sec. 19-23.
Reduction of tax for payment of bonds refunded-Use of tax receipts.
Whenever refunding bonds are issued, proper reduction of taxes
theretofore levied for the payment of the bonds refunded and next to be
extended for collection shall be made by the county clerk upon receipt of a
certificate signed by the treasurer of the school district, or by the
president and clerk or other corresponding officers of the school district,
showing the bonds refunded and the tax to be abated.
Money which becomes available from taxes that were levied for prior
years for payment of bonds or interest coupons that were paid or refunded
before those taxes were collected, after payment of all warrants that may
have been issued in anticipation of these taxes, shall be placed in the
sinking fund account provided in Section 19-24. It shall be used to
purchase, call for payment, or to pay at maturity refunding bonds and
interest thereon as herein provided.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-24) (from Ch. 122, par. 19-24)
Sec. 19-24.
Proceeds of taxes-Special fund-Use-Investment.
Money received from the proceeds of taxes levied for payment of the
principal of and interest upon refunding bonds shall be deposited in a
special fund of the school district, designated as the "Refunding Bond and
Interest Sinking Fund Account of ....". This fund shall be applied to the
purchase or payment of refunding bonds and the interest thereon as provided
in Sections 19-16 through 19-26.
If the money in this fund is not immediately necessary for the payment
of refunding bonds or if refunding bonds can not be purchased before
maturity, then, under the direction of the corporate authorities of the
school district, the money may be invested by the treasurer of the school
district in bonds or other interest bearing obligations of the United
States or in bonds of the State of Illinois.
The maturity date of the securities in which this money is invested
shall be prior to the due date of any issue of refunding bonds of the
investing school district. The corporate authorities may sell these
securities whenever necessary to obtain cash to meet bond and interest
payments.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-25) (from Ch. 122, par. 19-25)
Sec. 19-25.
Information to owners of bonds-Refunding agreements.
The corporate authorities of a school district may take any action that
may be necessary to inform the owners of unpaid bonds regarding the
financial condition of the school district, the necessity of refunding its
unpaid bonds and readjusting the maturities thereof in order that
sufficient taxes may be collected to take care of these bonds, and thus
re-establish the credit of the school district. The corporate authorities
may enter into any agreement required to prepare and carry out any
refunding plan and, without any previous appropriation therefor under any
budget law, may incur and pay expenditures that may be necessary in order
to accomplish the refunding of the bonds of the school district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-26) (from Ch. 122, par. 19-26)
Sec. 19-26.
Construction and application of provisions.
Sections 19-16 through 19-25 apply to any school district, regardless
of the population of said school district and of the law under which it is
organized and operating, and constitute complete authority for issuing
refunding bonds as therein provided without reference to other laws. Those
sections shall be construed as conferring powers in addition to, but not as
limiting powers granted under, other laws or other provisions of this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/prec. Sec. 19-27 heading)
REFUNDING SURPLUS AFTER BONDS PAID
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(105 ILCS 5/19-27) (from Ch. 122, par. 19-27)
Sec. 19-27.
Payment to treasurer.
Whenever all the bonds of any school district have been paid and
cancelled upon the records of the school treasurer and there remains in the
hands of the county collector or any ex-county collector, the county
treasurer, or ex-county treasurer, any balance to the credit of the bond
fund of the school township, the county collector or ex-county collector,
county treasurer or ex-county treasurer shall pay to the school treasurer
the balance of such funds in his hands and the school treasurer shall give
his receipt therefor.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/19-28) (from Ch. 122, par. 19-28)
Sec. 19-28.
Distribution and apportionment.
At the first regular semi-annual meeting of the trustees of the township
after the receipt of the funds mentioned in Section 19-27, they shall
distribute and apportion the funds among the districts or fractions of
districts of the township whose treasurer is the township treasurer,
and among the school boards or board of incorporated
cities, towns or school districts in such township having
a treasurer other than the township treasurer, in proportion to the number of children
under 21 years of age in each. The funds thus apportioned shall be placed
on the books of the treasurer to the credit of the respective districts and
the same shall be paid out by the treasurer on the legal orders of the
school boards of the proper districts, except such part of the fund as may
be payable to the boards of education of incorporated cities, towns
or school districts having a treasurer other than the township
treasurer, which portion of the
fund shall be paid by the township treasurer to the treasurer of the board
of education.
(Source: P.A. 86-1441.)
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(105 ILCS 5/19-29) (from Ch. 122, par. 19-29)
Sec. 19-29.
Computation of debt incurring power.
In computing the debt incurring power of any school district where
there has been included in any such school district only a part of any
former school district which at the time of such inclusion has
outstanding bonded indebtedness, a proportionate amount of such bonded
indebtedness shall be chargeable to such school district based upon the
ratio that the assessed valuation of taxable property as equalized and
determined by the Department of Revenue in that
part of the territory of such former school district that has been
included in any such school district bears to the total assessed
valuation of the former school district as equalized and determined by
the Department of Revenue for
the year in which
the change occurred, and the proportionate amount of such bonded
indebtedness shall be chargeable against such school district in
determining its debt incurring power.
(Source: P.A. 81-1509.)
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(105 ILCS 5/19-30) (from Ch. 122, par. 19-30)
Sec. 19-30.
Any school district which, pursuant to Section 10-22.31b of this Act, has
entered into a joint agreement with one or more school districts to
acquire, build, establish and maintain sites and buildings for area
vocational purposes may by proper resolution borrow money for the purpose
of acquiring sites and buildings and building, equipping, improving and
remodeling buildings and sites for vocational education purposes and as
evidence of such indebtedness issue bonds without referendum, provided that
the project which is the subject of such joint agreement has been
designated by the State Board of Vocational Education and Rehabilitation as
an Area Secondary Vocational Center, and further provided (a) that such
district has been authorized by referendum to impose the tax
under Section 17-2.4 of this Act, or (b) that such district, not having
been so authorized by such referendum, by resolution has authorized the
payment of its proportionate share of the cost of the area vocational center
under such
agreement from funds raised by building tax levies. The proceeds of the
sale of such bonds may, in the discretion of the school board of the
district issuing such bonds, be transferred to the Capital Development Board,
any other school district which is a party to such joint
agreement or the State or any of its agencies provided, however, that such
board first determines that such transfer is necessary in order to
accomplish the purposes for which such bonds are issued. The amount of the
bonds issued by any such participating school district shall not exceed the
district's estimated proportionate share of the cost of the area vocational
center as budgeted under such agreement and as certified by the State Board
of Vocational Education and Rehabilitation, and provided that (a) any such
participating district which has been authorized by referendum to impose
the tax under Section
17-2.4 of this Act, shall thereafter
reduce the maximum statutory amount which may be raised by such levy under
Section 17-2.4 to the extent of the total amount to be yielded by the
imposition of the tax authorized by this Section, and (b) any such
participating district, not having been so authorized by
such referendum, but having by
resolution authorized the payment of its proportionate share of the cost of
the area vocational center under such joint agreement from funds raised by
building tax levies, shall thereafter, annually reduce the maximum
statutory amount which may be raised by such building tax levies to the
extent of the amount to be yielded annually by the imposition of the tax
authorized by this Section. Such bonds shall bear interest at a rate of not
to exceed the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, and shall
mature within 20 years from date.
The failure on the part of a school district to abate or reduce such
taxes as described in (a) and (b) shall not constitute a forfeiture by the
district of its right to levy the direct annual tax authorized by this
Section.
In order to authorize and issue such bonds, the school board shall adopt
a resolution fixing the amount of the bonds, the date thereof, maturities
thereof, rates of interest thereof, place of payment and denomination,
which shall be in denominations of not less than $100 and not more than
$5,000 and provide for the levy and collection of a direct annual tax upon
all the taxable property in the school district sufficient to pay the
principal of and interest on such bonds to maturity. Upon the filing in the
office of the County Clerk or Clerks of the County or Counties in which the
school district is located of a certified copy of such resolution it shall
be the duty of such County Clerk or Clerks to extend the tax therefor, in
addition to and in excess of all other taxes heretofore or hereafter
authorized to be levied by such school district.
This Section shall be cumulative and it shall constitute complete
authority for site acquisitions and building programs and for the issuance
of bonds as provided for hereunder, notwithstanding any other statute or
law to the contrary.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/19-31) (from Ch. 122, par. 19-31)
Sec. 19-31.
Any school district which, pursuant to Section 10-22.31b
of this Act, or under the provisions of the "Intergovernmental
Cooperation Act", has entered into a joint agreement or contract with
one or more school districts to acquire, build, establish and maintain
sites and buildings for the education of one or more of the types of children
with disabilities as defined in Sections 14-1.02
through 14-1.07 of this
Act, may by proper resolution of the board borrow money for the purpose
of acquiring sites and buildings and building, equipping, improving and
remodeling buildings and sites for such special education purposes, and
as evidence of such indebtedness issue bonds, provided that the project
which is the subject of such joint agreement has been approved by the
State Board of Education. The proceeds of the sale of such bonds may,
in the discretion of the school board of the district issuing such
bonds, be transferred to the Capital Development Board, any other school
district which is a party to such joint agreement, or the State or any
of its agencies provided, however, that such board first determines that
such transfer is necessary in order to accomplish the purposes for which
such bonds are issued. The amount of the bonds issued by any such
participating school district shall not exceed the district's estimated
proportionate share of the cost of such special education purposes as
budgeted under such joint agreement or contract, and shall be amortized
over a period not exceeding the number of years of levy remaining
available to such participating school district under Section 17-2.2a of
this Act, and provided further that any such participating district
shall thereafter reduce the maximum statutory amount which may be raised
by the tax levy authorized under Section 17-2.2a of this Act to the
extent of the total amount to be yielded by the imposition of the tax
authorized by this Section. The failure on the part of a school
district to abate or reduce such taxes shall not however constitute a
forfeiture by the district of its right to levy the direct annual tax
authorized by this Section.
Such bonds shall bear interest at a rate of not to exceed the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract, and shall mature within 8 years from the date
of issuance. In
order to authorize and issue such bonds, the school board shall adopt a
resolution fixing the amount of the bonds, the date thereof, maturities
thereof, rates of interest thereof, place of payment and denomination,
which shall be in denominations of not less than $100 and not more than
$5,000 and provide for the levy and collection of a direct annual tax
upon all the taxable property in the school district sufficient to pay
the principal of and interest on such bonds to maturity, but not to
exceed the levy authorized under Section 17-2.2a. Upon the filing in
the office of the County Clerk or Clerks of the County or Counties in
which the school district is located of a certified copy of such
resolution it shall be the duty of such County Clerk or Clerks to extend
the tax therefor, in addition to and in excess of all other taxes
heretofore or hereafter authorized to be levied by such school district.
This Section shall be cumulative and it shall constitute complete
authority for site acquisitions and building programs and for the
issuance of bonds as provided for hereunder, notwithstanding any other
statute or law to the contrary.
Notwithstanding the other provisions of this Section, any school district
qualifying for a special education construction grant pursuant to the Capital
Development Board Act may finance the construction project by levying the
tax authorized by Section 17-2.2a and issuing bonds in the manner provided
for in this Section at a rate not to exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, with a maturity
date not more than 20 years from the date of issuance.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 89-397, eff. 8-20-95.)
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(105 ILCS 5/Art. 19a heading) ARTICLE 19a.
REVENUE BONDS FOR EXHIBITION FACILITIES
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(105 ILCS 5/19a-1) (from Ch. 122, par. 19a-1)
Sec. 19a-1.
In this Article, "exhibition facility" means a building or
stadium constructed to be used primarily for athletic spectator sports and
not facilities built primarily for physical education instruction.
(Source: Laws 1967, p. 2778.)
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(105 ILCS 5/19a-2) (from Ch. 122, par. 19a-2)
Sec. 19a-2.
Revenue bonds for exhibition facilities.
Any school board is
authorized to:
a. Acquire by purchase, construct, enlarge, improve, equip, complete,
operate, control and manage an exhibition facility.
b. Charge for the use of such a facility.
c. Hold in its treasury all funds derived from the operation of the
facility and apply them toward the retirement of any revenue bonds issued
in connection with the facility.
d. Enter into contracts touching in any manner any matter within the
objects and purposes of this Article.
e. Pledge the revenues raised from such a facility for the payment of
any bonds issued to pay for the facility as provided in this Article.
f. Borrow money and issue and sell bonds at such price as the school
board may determine to finance and to refund or refinance any and all bonds
issued and sold by the board pursuant to this Article. No bonds issued
under this Article, however, may bear interest in excess of the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract,
computed to the maturity of the bonds.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/19a-3) (from Ch. 122, par. 19a-3)
Sec. 19a-3.
Whenever bonds are issued pursuant to this Article, the school
board must establish charges or fees for the use of the exhibition facility
to pay the principal and interest on the bonds.
(Source: Laws 1967, p. 2778.)
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(105 ILCS 5/19a-4) (from Ch. 122, par. 19a-4)
Sec. 19a-4.
If the school board determines subsequent to the original
issue of bonds under this Article that the income from the facility is
insufficient to pay the principal and interest on those bonds, the
board, after submitting the question to referendum in accordance with
the general election law, may pay the deficit
by issuing general obligation bonds in the manner prescribed by Article
19 of this Act.
(Source: P.A. 81-1489.)
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(105 ILCS 5/19a-5) (from Ch. 122, par. 19a-5)
Sec. 19a-5.
Members of a school board issuing bonds pursuant to this
Article incur no personal liability thereby.
(Source: Laws 1967, p. 2778.)
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(105 ILCS 5/Art. 19b heading) ARTICLE 19b.
SCHOOL ENERGY CONSERVATION AND SAVING MEASURES
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(105 ILCS 5/19b-1) (from Ch. 122, par. 19b-1)
Sec. 19b-1.
Definitions.
In this Article words and phrases have the
meanings set forth in the following Sections preceding Section 19b-2.
(Source: P.A. 87-1106.)
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(105 ILCS 5/19b-1.05)
Sec. 19b-1.05.
Area vocational center.
"Area vocational center" means an
area vocational center created by joint agreement between school districts.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
Sec. 19b-1.1. Energy conservation measure. "Energy conservation
measure" means any improvement, repair, alteration, or betterment of any
building or facility owned or operated by a school district or area
vocational center or any
equipment, fixture, or furnishing to be added to or used in any
such building or facility, subject to the building code authorized in Section 2-3.12 of this Code,
that is designed to reduce
energy consumption or operating costs, and may include, without limitation,
one or more of the following:
(1) Insulation of the building structure or systems | ||
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(2) Storm windows or doors, caulking or | ||
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(3) Automated or computerized energy control systems.
(4) Heating, ventilating, or air conditioning system | ||
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(5) Replacement or modification of lighting fixtures | ||
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(6) Energy recovery systems.
(7) Energy conservation measures that provide | ||
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(Source: P.A. 95-612, eff. 9-11-07.)
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(105 ILCS 5/19b-1.2) (from Ch. 122, par. 19b-1.2)
Sec. 19b-1.2. Guaranteed energy savings contract. "Guaranteed energy
savings contract" means a contract for: (i) the implementation of an
energy audit, data collection, and other related analyses preliminary to
the undertaking of energy conservation measures; (ii) the evaluation and
recommendation of
energy conservation measures; (iii) the implementation of one or more
energy conservation measures; and (iv) the implementation of project
monitoring and data collection to verify post-installation energy
consumption and energy-related operating costs. The contract shall provide
that all payments, except
obligations on termination of the contract before its expiration, are to be
made over time and that the savings are guaranteed to the extent necessary
to pay the costs of
the energy conservation measures. Energy saving may include energy reduction and offsetting sources of renewable energy funds including renewable energy credits and carbon credits.
(Source: P.A. 96-1197, eff. 7-22-10.)
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(105 ILCS 5/19b-1.3) (from Ch. 122, par. 19b-1.3)
Sec. 19b-1.3.
Qualified provider.
"Qualified provider" means a person
or business whose employees are experienced and trained in the design,
implementation, or installation of
energy conservation measures. The minimum training required for any person
or employee under this Section shall be the satisfactory completion of at
least 40 hours of course instruction dealing with energy conservation
measures. A qualified provider to whom the contract is
awarded shall give a sufficient bond to the school district or area
vocational center for its
faithful performance.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
Sec. 19b-1.4. Request for proposals. "Request for proposals" means a
competitive selection achieved by
negotiated procurement. The request for proposals shall be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication and
through at least one public notice, at least 30 days before the request
date in a newspaper published in the district or vocational center area, or
if no newspaper is
published in the district or vocational center area, in a newspaper of
general
circulation in the
area of the district or vocational center, from a school district or area
vocational center that will administer the
program, requesting innovative solutions and proposals for energy
conservation measures. Proposals submitted shall be sealed. The request
for proposals shall include all of the following:
(1) The name and address of the school district or | ||
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(2) The name, address, title, and phone number of a | ||
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(3) Notice indicating that the school district or | ||
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(4) The date, time, and place where proposals must be | ||
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(5) The evaluation criteria for assessing the | ||
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(6) Any other stipulations and clarifications the | ||
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(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
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(105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
Sec. 19b-2. Evaluation of proposal. Before entering into a guaranteed
energy savings contract under Section 19b-3, a school district or area
vocational center shall submit
a request for proposals. The school district or area vocational center
shall evaluate any sealed
proposal from a qualified provider. The evaluation shall analyze the estimates
of all costs of installations, modifications or remodeling, including, without
limitation, costs of a pre-installation energy audit or analysis, design,
engineering, installation, maintenance, repairs, debt
service, conversions to a different energy or fuel source, or
post-installation project monitoring, data collection, and reporting. The
evaluation shall include a detailed analysis of whether either the energy
consumed or the operating costs, or both, will be reduced. If technical
assistance is not available by a licensed architect or registered
professional engineer on the school district or area vocational center
staff, then the evaluation of
the proposal shall be done by a registered professional engineer or
architect, who is retained by the school district or area vocational
center. A licensed architect or registered professional engineer evaluating a proposal under this Section must not have any financial or contractual relationship with a qualified provider or other source that would constitute a conflict of interest. The school district or area vocational center may
pay a reasonable fee for evaluation of the proposal or include the fee as
part of the payments made under Section 19b-4.
(Source: P.A. 95-612, eff. 9-11-07.)
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(105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
Sec. 19b-3. Award of guaranteed energy savings contract. Sealed
proposals must be opened by a member or employee of the school board or
governing board of the area vocational center, whichever is applicable, at a
public opening at which the contents of the proposals must be announced.
Each person or entity submitting a sealed proposal must receive at least 13
days notice of the time and place of the opening. The school
district or area vocational center shall select the qualified provider that
best meets the needs of
the district or area vocational center. The school district or area
vocational center shall provide public notice of the
meeting at which it proposes to award a guaranteed energy savings contract
of the names of the parties to the proposed contract and of the purpose of
the contract. The public notice shall be made at least 10 days prior to
the meeting. After evaluating the proposals under Section 19b-2, a school
district or area vocational center may enter into a guaranteed energy
savings contract with a
qualified provider if it finds that the amount it would spend on the energy
conservation measures recommended in the proposal would not exceed the
amount to be saved in either energy or operational costs, or both, within a
20-year period from the date of installation, if the
recommendations in
the proposal are followed. Contracts let or awarded must be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication.
(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
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(105 ILCS 5/19b-4) (from Ch. 122, par. 19b-4)
Sec. 19b-4.
Guarantee.
The guaranteed energy savings contract shall
include a written guarantee of the qualified provider that either the
energy or operational cost savings, or both, will meet or exceed within 20
years the costs of the energy conservation measures. The qualified provider
shall reimburse the school district or area vocational center for any
shortfall of guaranteed energy
savings projected in the contract. A qualified provider shall provide a
sufficient bond to the school district or area vocational center for the
installation and the
faithful performance of all the measures included in the contract. The
guaranteed energy savings contract may provide for payments over a period
of time, not to exceed 20 years from the date of final installation
of the
measures.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
Sec. 19b-5. Installment payment contract; lease purchase agreement. A school district or
school districts in combination or an area vocational center may enter into
an
installment payment contract or lease purchase agreement with a qualified
provider or with a third party, as authorized by law, for the funding or financing of the purchase and installation of energy conservation measures by a qualified provider.
Every school district or area vocational center may issue certificates
evidencing the indebtedness
incurred pursuant to the contracts or agreements. Any such contract or
agreement shall be valid whether or not an appropriation with respect
thereto is first included in any annual or supplemental budget adopted by
the school district or area vocational center. Each contract or agreement
entered
into by a school district or area vocational center pursuant to this
Section shall be authorized by
official action of the school board or governing board of the area vocational
center, whichever is applicable. The authority granted in this Section is in addition to any other authority granted by law. If an energy audit is performed by an energy services contractor for a school district within the 3 years immediately preceding the solicitation, then the school district must publish as a reference document in the solicitation for energy conservation measures the following:
(1) an executive summary of the energy audit provided | ||
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(2) the energy audit provided that the school | ||
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A school district may not withhold the disclosure of information related to (i) the school district's consumption of energy, (ii) the physical condition of the school district's facilities, and (iii) any limitations prescribed by the school district. The solicitation must include a written disclosure that identifies any energy services contractor that participated in the preparation of the specifications issued by the school district. If no energy services contractor participated in the preparation of the specifications issued by the school district, then the solicitation must include a written disclosure that no energy services contractor participated in the preparation of the specifications for the school district. The written disclosure shall be published in the Capital Development Board Procurement Bulletin with the Request for Proposal. (Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
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(105 ILCS 5/19b-6) (from Ch. 122, par. 19b-6)
Sec. 19b-6.
Term; budget and appropriations.
Guaranteed energy savings
contracts may extend beyond the fiscal year in which they become effective.
The school district or area vocational center shall include in its annual
budget and
appropriations measures for each subsequent fiscal year any amounts payable
under guaranteed energy savings contracts during that fiscal year.
Sections 2-3.12, 3-14.20, and 10-22.36 of the School Code shall apply to
this Article 19b.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)
Sec. 19b-7.
Operational and energy cost savings.
The school district or
area vocational center
shall document the operational and energy cost savings specified in the
guaranteed energy savings contract and designate and appropriate that
amount for an annual payment of the contract. If the annual energy savings
are less than projected under the guaranteed energy savings contract the
qualified
provider shall pay the difference as provided in Section 19b-4.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)
Sec. 19b-8.
Available funds.
A school district or area vocational
center may use funds
designated for operating or capital expenditures for any guaranteed energy
savings contract including purchases using installment payment contracts or
lease purchase agreements. A school district or area vocational center
that enters into such a
contract or agreement may covenant in such contract or agreement that
payments made thereunder shall be payable from the first funds legally
available in each fiscal year.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-9) (from Ch. 122, par. 19b-9)
Sec. 19b-9.
Funding.
State aid and other amounts appropriated for
distribution to or reimbursement of a school district or area vocational
center shall not be reduced
as a result of energy savings realized from a guaranteed energy savings
contract or a lease purchase agreement for the purchase and installation of
energy conservation measures.
(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-10)
Sec. 19b-10.
(Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 92-767, eff.
8-6-02.)
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(105 ILCS 5/19b-15) Sec. 19b-15. Applicable laws. Other State laws and related administrative requirements apply to this Article, including, but not limited to, the following laws and related administrative requirements: the Illinois Human Rights Act, the Prevailing Wage Act, the Public Construction Bond Act, the Public Works Preference Act (repealed on June 16, 2010 by Public Act 96-929), the Employment of Illinois Workers on Public Works Act, the Freedom of Information Act, the Open Meetings Act, the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Local Government Professional Services Selection Act, and the Contractor Unified License and Permit Bond Act.
(Source: P.A. 97-333, eff. 8-12-11.) |
(105 ILCS 5/19b-20) Sec. 19b-20. Historic preservation. In order to protect the integrity of historic buildings, no provision of this Article shall be interpreted to require the implementation of energy conservation measures that conflict with respect to any property eligible for, nominated to, or entered on the National Register of Historic Places, pursuant to the National Historic Preservation Act of 1966, or the Illinois Register of Historic Places, pursuant to the Illinois Historic Preservation Act.
(Source: P.A. 95-612, eff. 9-11-07.) |
(105 ILCS 5/Art. 20 heading) ARTICLE 20.
WORKING CASH FUND
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(105 ILCS 5/20-1) (from Ch. 122, par. 20-1)
Sec. 20-1. Authority to create working cash fund. In each school district,
whether organized under general law or special charter, having a population
of less than 500,000 inhabitants, a fund to be known as a "Working Cash
Fund" may be created and maintained consistent with the limitations of this Article, for the purpose of enabling the district to have in its
treasury at all times sufficient money to meet demands thereon for expenditures for corporate purposes.
(Source: P.A. 98-756, eff. 7-16-14.)
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(105 ILCS 5/20-2)
(from Ch. 122, par. 20-2)
Sec. 20-2. Indebtedness and bonds. For the purpose of creating, re-creating, or increasing a working
cash fund, the school board of any such district may incur an indebtedness and
issue bonds as evidence thereof in an amount or amounts not exceeding in the
aggregate 85% of the taxes permitted to be levied for educational purposes for
the then current year to be determined by multiplying the maximum educational
tax rate or rates
applicable to such school district by the last assessed valuation or assessed valuations as
determined at the time of the issue of said bonds, plus 85% of the last known
entitlement of such district to taxes as by law now or hereafter enacted or
amended, imposed by the General Assembly of the State of Illinois to replace
revenue lost by units of local government and school districts as a result of
the abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5, paragraph (c) of the Constitution of the State of Illinois, plus 85% of the most recent amount of funding received by the school district under Section 18-8.15. The
bonds shall bear interest at not more than the maximum rate authorized by law and shall mature within 20 years from
the date thereof. Subject to the foregoing limitations as to amount, the bonds
may be issued in an amount including existing indebtedness which will not
exceed the constitutional limitation as to debt, notwithstanding any statutory
debt limitation to the contrary. The school
board shall before or at the time
of issuing the bonds provide for the collection of a direct annual tax upon all
the taxable property within the district sufficient to pay the principal
thereof at maturity and to pay the interest thereon as it falls due, which tax
shall be in addition to the maximum amount of all other taxes, either
educational; transportation; operations and maintenance; or fire prevention and
safety fund taxes, now or hereafter authorized and in addition to any
limitations upon the levy of taxes as provided by Sections 17-2 through 17-9.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 101-416, eff. 8-16-19.)
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(105 ILCS 5/20-3)
(from Ch. 122, par. 20-3)
Sec. 20-3. Tax levy. For the purpose of providing moneys for a
working cash fund, the school board of any such school district may also
levy annually upon all the taxable property of their district a tax,
known as the "working cash fund tax," not to exceed 0.05% of
value, as
equalized or assessed by the Department of Revenue;
provided that no such tax shall be levied if bonds are issued in
amount or amounts equal in the aggregate to the limitation set forth in
Section 20-2 for the creation, re-creation, or increase of a working cash fund. The collection of the tax
shall not be anticipated by the issuance of any warrants drawn against
it. The tax shall be levied and collected, except as otherwise provided
in this Section, in like manner as the general taxes of the district,
and shall be in addition to the maximum of all other taxes, either
educational; transportation; operations and maintenance; or fire
prevention and safety fund taxes, now or hereafter to be levied for school
purposes. It may be levied by separate resolution by the last Tuesday in
December in each year or it may be included in the certificate of tax levy
filed under Section 17-11.
(Source: P.A. 96-1277, eff. 7-26-10.)
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(105 ILCS 5/20-4) (from Ch. 122, par. 20-4)
Sec. 20-4. Use and reimbursement of fund. This Section shall not
apply in any school district which does not operate a working cash fund.
Moneys derived from the issuance of bonds as authorized by Section
20-2, or from any tax levied pursuant to Section 20-3, shall be used
only for the purposes and in the manner provided in this Article. Moneys in
the fund shall not be regarded as current assets available for school
purposes. The school board may appropriate moneys to the working cash
fund up to the maximum amount allowable in the fund, and the working cash
fund may receive such appropriations and any other contributions. Moneys
in the fund may be used by the school board for any and all school purposes and may be
transferred in whole or in part to the general funds or both of the
school district and disbursed therefrom in anticipation of the collection of
taxes lawfully levied for any or all purposes, in anticipation of such taxes
as by law now or hereafter enacted or amended are imposed by the General
Assembly of the State of Illinois to replace revenue lost by units of local
government and school districts as a result of the abolition of ad valorem
personal property taxes, pursuant to Article IX, Section 5(c) of the
Constitution of the State of Illinois, or in anticipation of funding received by the school district under Section 18-8.15. Moneys so transferred to any other fund
shall be deemed to be transferred in anticipation of the collection of that
part of the taxes so levied or to be received which is in excess of the amount
thereof required to pay any warrants or notes and the interest thereon
theretofore and thereafter issued in anticipation of the collection thereof and
such taxes when collected shall be applied to the payment of any such warrants
and the interest thereon, the amount estimated to be required to satisfy debt
service and pension or retirement obligations, as set forth in Section 12 of
the State Revenue Sharing Act and then to the reimbursement of such working
cash fund as hereinafter provided.
Upon receipt by the school district of any taxes or State funding in anticipation of
the collection whereof moneys of the working cash fund have been so
transferred for disbursement, the fund shall immediately be reimbursed
therefrom until the full amount so transferred has been retransferred to
the fund. Unless the taxes so received and applied to the reimbursement
of the working cash fund prior to the first day of the eighth month
following the month in which due and unpaid real property taxes begin to
bear interest are sufficient to effect a complete reimbursement of such
fund for any moneys transferred therefrom in anticipation of the
collection of such taxes, the working cash fund shall be reimbursed for
the amount of the deficiency therein from any other revenues accruing to
the educational fund, and the school board shall make provisions for the
immediate reimbursement of the amount of any such deficiency in its next
annual tax levy.
(Source: P.A. 101-416, eff. 8-16-19.)
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(105 ILCS 5/20-5)
(from Ch. 122, par. 20-5)
Sec. 20-5. Transfer to other fund. This Section shall not apply in any
school district which does not operate a working cash fund.
Moneys in the working cash fund shall be transferred from the working cash fund to
another fund of the district only upon the authority of the school board which
shall from time to time by separate resolution direct the school treasurer to
make transfers of such sums as may be required for the purposes herein
authorized.
The resolution shall set forth (a) the taxes and State funding in anticipation of which
such transfer is to be made and from which the working cash fund is to
be reimbursed; (b) the entire amount of taxes extended, or which the school
board estimates will be extended or received, for any year in anticipation of
the collection of all or part of which such transfer is to be made; (c) the
aggregate amount of warrants or notes theretofore issued in anticipation of the
collection of such taxes together with the amount of interest accrued and which
the school board estimates will accrue thereon; (d) the aggregate amount of
receipts from taxes imposed to replace revenue lost by units of local
government and school districts as a result of the abolition of ad valorem
personal property taxes, pursuant to Article IX, Section 5(c) of the
Constitution of the State of Illinois, which the corporate authorities estimate
will be set aside for the payment of the proportionate amount of debt service
and pension or retirement obligations, as required by Section 12 of the State
Revenue Sharing Act; (e) the aggregate amount of money theretofore
transferred from the working cash fund to the other fund in anticipation of the
collection of such taxes and State funding; and (f) the aggregate amount of funding received by the school district under Section 18-8.15. The amount which any such resolution shall direct the
treasurer so to transfer, in anticipation of the collection of taxes levied or
to be received for any year, together with the aggregate amount of such
anticipation tax warrants or notes theretofore drawn against such taxes and the
amount of interest accrued and estimated to accrue thereon and the aggregate
amount of such transfers to be made in anticipation of the collection of such
taxes and the amount estimated to be required to satisfy debt service and
pension or retirement obligations, as set forth in Section 12 of the State
Revenue Sharing Act, shall not exceed 85% of the actual or estimated amount of
such taxes extended or to be extended or to be received as set forth in such
resolution. At any time moneys are
available in the working cash fund they
shall be transferred to such other funds of the district and used for any and all school purposes so as to avoid, whenever possible, the
issuance of anticipation tax warrants or notes.
Moneys earned as interest from the investment of the working cash fund, or
any portion thereof, may be transferred from the working cash fund to another
fund of the district that is most in need of the interest without any requirement of repayment to the working cash
fund, upon the authority of the school board by separate resolution directing
the school treasurer to make such transfer and stating the purpose in accordance with subsection (c) of Section 9 of the Local Government Debt Reform Act.
(Source: P.A. 101-416, eff. 8-16-19.)
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(105 ILCS 5/20-6) (from Ch. 122, par. 20-6)
Sec. 20-6.
Willful violation of law.
Any member of the school board of any school district to which this
Article is applicable, or any other person holding any office, trust, or
employment under such school district who wilfully violates any of the
provisions of this Article shall be guilty of a business offense and
fined not exceeding $10,000, and shall forfeit his right to his office,
trust or employment and shall be removed therefrom. Any such member or
other person shall be liable for any sum that may be unlawfully diverted
from the working cash fund or otherwise used, to be recovered by such
school district or by any taxpayer in the name and for the benefit of
such school district in an appropriate civil action; provided that the
taxpayer shall file a bond for all costs and be liable for all costs
taxed against the school district in such suit, and judgment shall be
rendered accordingly. Nothing herein shall bar any other remedies.
(Source: P.A. 79-1366.)
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(105 ILCS 5/20-7) (from Ch. 122, par. 20-7)
Sec. 20-7. Resolution for issuance of bonds - Submission to voters - Ballot. No school district may issue bonds under this Article unless it adopts a
resolution declaring its intention to issue bonds for the purpose therein
provided and directs that notice of such intention be published at least
once in a newspaper published and having a general circulation
in the district, if there be one, but if there is no newspaper published
in such district then by publishing such notice in a newspaper having a
general circulation in the district. The notice shall set forth (1)
the intention of the district to issue bonds in accordance with this
Article; (2) the time within which a petition may be filed requesting
the submission of the proposition to issue the bonds; (3) the specific
number of voters required to sign the petition; and (4) the date of
the prospective referendum. At the time of publication of the notice and
for 30 days thereafter, the recording officer of the district shall provide
a petition form to any individual requesting one. If within 30 days after
the publication a petition is filed with the recording officer of the
district, signed by the voters of the district equal to 10% or more of the
registered voters of the district requesting that the proposition to issue
bonds as authorized by this Article be submitted to the voters thereof,
then the district shall not be authorized to issue such bonds until the
proposition has been certified to the proper election authorities and has
been submitted to and approved by a majority of the voters voting on the
proposition at a regular scheduled election in accordance with the general
election law. If no such petition is so filed, or if any and all petitions
filed are invalid, the district may issue the bonds. In addition to the
requirements of the general election law the notice of the election shall
set forth the intention of the district to issue bonds under this Article.
The proposition shall be in substantially the
following form:
OFFICIAL BALLOT
Shall the Board of ....of School District number .... YESCounty, Illinois, be authorizedto issue bonds for a working cash fund as provided forby Article 20 of the NOSchool Code?
(Source: P.A. 96-1277, eff. 7-26-10.)
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(105 ILCS 5/20-8) (from Ch. 122, par. 20-8)
Sec. 20-8. Abolishment of working cash fund. Any school district may abolish
its working cash fund, upon the adoption of a resolution so providing, and
direct the transfer of any balance in such fund to the educational fund at the
close of the then current school year. Any outstanding loans to other funds of the district
shall be paid or become payable to the educational fund at the close of the
then current school year. Thereafter, all outstanding taxes of such school
district levied pursuant to Section 20-3 shall be collected and paid into the
educational fund.
Any balance in any working cash fund that is created in any school
district on or after the effective date of this amendatory Act of 1991
(including all outstanding loans from any such working cash fund to other funds of the district and all outstanding taxes levied by the district
under Section 20-3 to provide moneys for any such working cash fund) may, when
such working cash fund is abolished, be used and applied for the purpose of
reducing, by the balance in that working cash fund at the close of the school
year in which the fund so created is abolished, the amount of the taxes that
the school board of the school district otherwise would be authorized or
required to levy for educational purposes for the immediately succeeding school
year.
Any obligation incurred by any school district pursuant to Section 20-2
shall be discharged as therein provided.
(Source: P.A. 96-1277, eff. 7-26-10.)
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(105 ILCS 5/20-9) (from Ch. 122, par. 20-9)
Sec. 20-9.
A school district which has
abolished or abated its working cash fund has the authority to again create a working
cash fund at any time in the manner provided in this Article.
(Source: P.A. 96-1277, eff. 7-26-10.)
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(105 ILCS 5/20-10) Sec. 20-10. Abatement of working cash fund. Any school district may abate its working cash fund at any time, upon the adoption of a resolution so providing, and direct the transfer at any time of moneys in that fund to any fund or funds of the district most in need of the money, provided that the district maintains an amount to the credit of the working cash fund, including taxes levied pursuant to Section 20-3 and not yet collected and amounts transferred pursuant to Section 20-4 and to be reimbursed to the working cash fund, at least equal to 0.05% of the then current value, as equalized or assessed by the Department of Revenue, of the taxable property in the district. If necessary to effectuate the abatement, any outstanding loans to other funds of the district may be paid or become payable to the fund or funds to which the abatement is made. Any abatement of a school district's working cash fund prior to the effective date of this amendatory Act of the 96th General Assembly that would have complied with the provisions of this Section is hereby validated.
(Source: P.A. 96-1277, eff. 7-26-10.) |
(105 ILCS 5/Art. 21 heading) ARTICLE 21.
CERTIFICATION OF TEACHERS
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(105 ILCS 5/21-0.01)
Sec. 21-0.01. (Repealed).
(Source: P.A. 91-102, eff. 7-12-99. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-1)
Sec. 21-1. (Repealed).
(Source: P.A. 96-431, eff. 8-13-09. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a)
Sec. 21-1a. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-12.)
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(105 ILCS 5/21-1b) (from Ch. 122, par. 21-1b)
Sec. 21-1b. (Repealed). (Source: P.A. 97-813, eff. 7-13-12. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-1c)
Sec. 21-1c. (Repealed).
(Source: P.A. 93-1036, eff. 9-14-04. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
Sec. 21-2. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1)
Sec. 21-2.1. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
Sec. 21-2a. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13. )
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(105 ILCS 5/21-2b)
Sec. 21-2b. (Repealed).
(Source: P.A. 84-126. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-3) (from Ch. 122, par. 21-3)
Sec. 21-3. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
Sec. 21-4. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-5) (from Ch. 122, par. 21-5)
Sec. 21-5. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-5a)
Sec. 21-5a. (Repealed).
(Source: P.A. 96-862, eff. 1-15-10. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-5b) Sec. 21-5b. (Repealed). (Source: P.A. 98-603, eff. 6-1-14. Repealed internally, eff. 1-1-17.) |
(105 ILCS 5/21-5c) Sec. 21-5c. (Repealed). (Source: P.A. 98-688, eff. 6-30-14. Repealed internally, eff. 1-1-17.) |
(105 ILCS 5/21-5d) Sec. 21-5d. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 9-1-13.) |
(105 ILCS 5/21-5e)
Sec. 21-5e. (Repealed).
(Source: P.A. 96-862, eff. 1-15-10. Repealed by P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22.)
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(105 ILCS 5/21-7.1) (from Ch. 122, par. 21-7.1) Sec. 21-7.1. (Repealed). (Source: P.A. 97-813, eff. 7-13-12. Repealed internally, 6-30-13.) |
(105 ILCS 5/21-7.5)
Sec. 21-7.5. (Repealed).
(Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 1-1-13.) |
(105 ILCS 5/21-7.6) Sec. 21-7.6. (Repealed).(Source: P.A. 96-903, eff. 7-1-10; 97-607, eff. 8-26-11.) |
(105 ILCS 5/21-7.10)
Sec. 21-7.10. (Repealed).
(Source: P.A. 96-373, eff. 8-13-09. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-7.15)
Sec. 21-7.15. (Repealed).
(Source: P.A. 94-1039, eff. 7-20-06. Repealed internally, eff. 7-2-07.) |
(105 ILCS 5/21-9) (from Ch. 122, par. 21-9)
Sec. 21-9. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-10) (from Ch. 122, par. 21-10)
Sec. 21-10. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-11) (from Ch. 122, par. 21-11)
Sec. 21-11.
(Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 91-102, eff. 7-12-99.)
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(105 ILCS 5/21-11.1) (from Ch. 122, par. 21-11.1)
Sec. 21-11.1. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-11.2) (from Ch. 122, par. 21-11.2)
Sec. 21-11.2. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-11.3) (from Ch. 122, par. 21-11.3)
Sec. 21-11.3. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-11.4)
Sec. 21-11.4. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 9-1-13.)
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(105 ILCS 5/21-12) (from Ch. 122, par. 21-12)
Sec. 21-12. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-13)
Sec. 21-13. (Repealed).
(Source: P.A. 87-694. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-14)
Sec. 21-14. (Repealed).
(Source: P.A. 98-144, eff. 8-2-13. Repealed by P.A. 98-610, eff. 12-27-13.)
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(105 ILCS 5/21-15)
Sec. 21-15. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-16) (from Ch. 122, par. 21-16)
Sec. 21-16. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-17)
Sec. 21-17. (Repealed).
(Source: P.A. 93-679, eff. 6-30-04. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-18)
Sec. 21-18. (Repealed).
(Source: P.A. 93-679, eff. 6-30-04. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/21-19)
Sec. 21-19. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-496, eff. 8-28-07.)
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(105 ILCS 5/21-21)
Sec. 21-21. (Repealed).
(Source: P.A. 91-102, eff. 7-12-99. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-21.1)
Sec. 21-21.1. (Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-22) (from Ch. 122, par. 21-22)
Sec. 21-22. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-23)
Sec. 21-23. (Repealed).
(Source: P.A. 97-8, eff. 6-13-11. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-23a)
Sec. 21-23a. (Repealed).
(Source: P.A. 96-1551, eff. 7-1-11. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-23b)
Sec. 21-23b. (Repealed).
(Source: P.A. 87-1001. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-24)
Sec. 21-24. (Repealed).
(Source: P.A. 84-551. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/21-25) (from Ch. 122, par. 21-25)
Sec. 21-25. (Repealed). (Source: P.A. 98-413, eff. 8-16-13. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-26)
Sec. 21-26. (Repealed).
(Source: P.A. 84-126. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/21-27)
Sec. 21-27. (Repealed).
(Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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(105 ILCS 5/21-28)
Sec. 21-28. Special education teachers; certification. (a) In order to create a special education workforce with the broad-based knowledge necessary to educate students with a variety of disabilities, the State Board of Education and State Teacher Certification Board shall certify a special education teacher under one of the following: (1) Learning behavior specialist I. (2) Learning behavior specialist II. (3) Teacher of students who are blind or visually | ||
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(4) Teacher of students who are deaf or hard of | ||
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(5) Speech-language pathologist. (6) Early childhood special education teacher. (b) The State Board of Education is authorized to provide for the assignment of individuals to special education positions by short-term, emergency certification. Short-term, emergency certification shall not be renewed. (c) The State Board of Education is authorized to use peremptory rulemaking, in accordance with Section 5-50 of the Illinois Administrative Procedure Act, to place into the Illinois Administrative Code the certification policies and standards related to special education, as authorized under this Section, that the State Board has been required to implement pursuant to federal court orders dated February 27, 2001, August 15, 2001, and September 11, 2002 in the matter of Corey H., et al. v. Board of Education of the City of Chicago, et al.
(Source: P.A. 97-227, eff. 1-1-12; 97-461, eff. 8-19-11; 97-813, eff. 7-13-12.)
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(105 ILCS 5/21-29)
Sec. 21-29. (Repealed).
(Source: P.A. 95-938, eff. 8-29-08. Repealed by P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/Art. 21A heading)
ARTICLE 21A.
NEW TEACHER INDUCTION AND MENTORING
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(105 ILCS 5/21A-5)
Sec. 21A-5. Definitions. In this Article:
"New teacher" means the holder of a professional educator license, as set
forth in Section 21B-20 of this Code, who is employed by a public school and who
has not previously participated in a new teacher induction and mentoring
program required by this Article, except as provided in Section 21A-25 of this
Code.
"Eligible applicant" or "eligible entity" means a regional office of education, an intermediate service center, an Illinois institution of higher education, a statewide organization representing teachers, a local education agency, or a public or private not-for-profit entity with experience providing professional learning, including mentoring, to early childhood educators. "Public school" means any school operating pursuant to the authority of
this Code, including without limitation a school district, a charter school, a
cooperative or joint agreement with a governing body or board of control, and a
school operated by a regional office of education or State agency.
(Source: P.A. 101-643, eff. 6-18-20; 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-10)
Sec. 21A-10. Development of program required. (a) Each eligible applicant shall develop a new teacher induction and mentoring program for first and second-year teachers that meets the requirements set forth in Section 21A-20 to assist new teachers in developing the skills and strategies necessary for instructional excellence, provided that funding is made available by the State Board of Education from an appropriation made for this purpose. (b) A public school that has a new teacher induction and mentoring program in existence before the effective date of this amendatory Act of the 102nd General Assembly that does not meet the requirements set forth in Section 21A-20 may modify the program to meet the requirements of Section 21A-20 and may receive funding as described in Section 21A-25, provided that funding is made available by the State Board of Education from an appropriation made for this purpose. (c) Each school district shall decide, in conjunction with its exclusive bargaining representative, if any, whether to forgo modifications to a new teacher induction and mentoring program in existence before the effective date of this amendatory Act of the 102nd General Assembly. If a district does not have a new teacher induction and mentoring program in existence before the effective date of this amendatory Act of the 102nd General Assembly or if a district and the exclusive bargaining representative, if any, agree that an eligible entity would better serve the district's needs, the district and the exclusive bargaining representative, if any, shall jointly decide which eligible entity offers the most suitable program. The eligible entity shall include representatives from both the district and the exclusive bargaining representative in the program development discussions to ensure the program captures local need.
(Source: P.A. 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-15)
Sec. 21A-15. Program establishment and implementation. (a) The State Board of Education shall establish a competitive State grant program to support new teacher induction and mentoring programs. The program shall be available to eligible entities not less than every 3 years, subject to appropriation. The State Board shall prioritize funding based on the needs of students and school districts as it relates to teacher retention. (b) Notwithstanding any other provision of this Code, by no later than the beginning of the 2022-2023 school year or by no later than the beginning of the 2023-2024 school year for eligible applicants that have been given an extension of time to develop a program under Section 21A-10, each eligible entity or 2 or more eligible entities acting jointly shall establish and implement a new teacher induction and mentoring program required to be developed under Section 21A-10.
(Source: P.A. 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-20)
Sec. 21A-20. Program requirements. Each new teacher induction and
mentoring program must align with the standards established under Section 21A-20.5 and shall be based on a plan that at least does all of the
following:
(1) Assigns a mentor teacher to each new teacher for | ||
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(2) Aligns with the Illinois Culturally Responsive | ||
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(3) (Blank).
(4) Describes the role of mentor teachers, the | ||
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(5) Is designed to be available for both in-person | ||
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(Source: P.A. 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-20.5) Sec. 21A-20.5. Program standards. (a) The State Board of Education shall establish standards for new teacher induction and mentoring programs. In establishing these standards, the State Board shall seek input and feedback from stakeholders, including parents, students, and educators, who reflect the diversity of this State. (b) Any changes made to the standards established under subsection (a) must be approved by the Teaching Induction and Mentoring Advisory Group pursuant to Section 21A-25.5.
(Source: P.A. 102-521, eff. 8-20-21.) |
(105 ILCS 5/21A-25)
Sec. 21A-25. Funding. (a) From a separate appropriation made for
the purposes of this Article, for each new teacher participating in a new
teacher
induction and mentoring program
that meets the requirements set forth in Section 21A-20 of this Code or
in an existing program that is in the process of transition to a program
that meets those requirements, the State Board of Education shall pay the eligible entity for the duration of the grant
for the purpose of
providing the following:
(1) Mentor teacher compensation and new teacher | ||
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(2) Mentor teacher professional learning or new | ||
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(3) (Blank).
(b) Each school district shall decide, in conjunction with its exclusive bargaining representative, if any, which eligible applicant offers the most suitable program. If a mentor teacher receives release time to support a new teacher, the total workload of other teachers regularly employed by the public school shall not increase in any substantial manner. If the appropriation is not included in the State budget, the State Board of Education is not required to implement programs established by this Article.
(Source: P.A. 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-25.5) Sec. 21A-25.5. Teaching Induction and Mentoring Advisory Group. (a) The State Board of Education shall create a Teaching Induction and Mentoring Advisory Group. Members of the Advisory Group must represent the diversity of this State and possess the expertise needed to perform the work required to meet the goals of the programs set forth under Section 21A-20. (b) The members of the Advisory Group shall be appointed by the State Superintendent of Education and shall include all of the following members: (1) Four members representing teachers recommended by | ||
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(2) Four members representing teachers recommended by | ||
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(3) Two members representing principals recommended | ||
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(4) One member representing district superintendents | ||
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(5) One member representing regional superintendents | ||
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(6) One member representing a State-approved educator | ||
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The majority of the membership of the Advisory Group shall consist of practicing teachers. (c) The Advisory Group is responsible for approving any changes made to the standards established under Section 21A-20.5.
(Source: P.A. 102-521, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(105 ILCS 5/21A-30)
Sec. 21A-30. Evaluation of programs. The State Board of Education shall contract with an independent party, using funds from the relevant appropriation for new teacher induction and mentoring programs, to conduct a comprehensive evaluation of the new teacher induction and mentoring programs established pursuant to this Article. Reports from the evaluation shall be made available to stakeholders after 3 years of program implementation.
(Source: P.A. 101-643, eff. 6-18-20; 102-521, eff. 8-20-21.)
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(105 ILCS 5/21A-35)
Sec. 21A-35. Rules. The State Board of Education, in consultation with
the State Educator Preparation and Licensure Board, shall adopt rules for the implementation
of this Article.
(Source: P.A. 101-643, eff. 6-18-20.)
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(105 ILCS 5/Art. 21B heading) ARTICLE 21B. EDUCATOR LICENSURE
(Source: P.A. 97-607, eff. 8-26-11.) |
(105 ILCS 5/21B-5) Sec. 21B-5. Licensure powers of the State Board of Education. (a) Recognizing that the education of our citizens is the single most important influence on the prosperity and success of this State and recognizing that new developments in education require a flexible approach to our educational system, the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall have the power and authority to do all of the following: (1) Set standards for teaching, supervising, or | ||
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(2) Approve, evaluate, and sanction educator | ||
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(3) Enter into agreements with other states relative | ||
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(4) Establish standards for the issuance of new types | ||
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(5) Establish a code of ethics for all educators. (6) Maintain a system of licensure examination | ||
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(7) Take such other action relating to the | ||
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(b) Only the State Board of Education, acting in accordance with the applicable provisions of this Article and rules, shall have the authority to issue or endorse any license required for teaching, supervising, or otherwise holding licensed employment in the public schools; and no other State agency shall have any power or authority (i) to establish or prescribe any qualifications or other requirements applicable to the issuance or endorsement of any such license or (ii) to establish or prescribe any licensure or equivalent requirement that must be satisfied in order to teach, supervise, or hold licensed employment in the public schools.
(Source: P.A. 100-596, eff. 7-1-18.) |
(105 ILCS 5/21B-10) Sec. 21B-10. State Educator Preparation and Licensure Board. (a) The State Teacher Certification Board, which had been established under Section 21-13 of the School Code prior to this amendatory Act of the 97th General Assembly, shall be renamed the State Educator Preparation and Licensure Board. References in law to the State Teacher Certification Board shall mean the State Educator Preparation and Licensure Board.
The State Educator Preparation and Licensure Board shall consist of the State Superintendent of Education or a representative appointed by him or her, who shall be ex-officio chairperson, 5 administrative or faculty members of public or private colleges or universities located in this State, 3 administrators and 10 classroom teachers employed in the public schools (5 of whom must be members of and nominated by a statewide professional teachers' organization and 5 of whom must be members of and nominated by a different statewide professional teachers' organization), and one regional superintendent of schools, all of whom shall be appointed by the State Board of Education; provided that at least one of the administrators and at least 3 of the classroom teachers so appointed must be employees of a school district that is subject to the provisions of Article 34 of this Code. A statewide professional teachers' organization and a different statewide professional teachers' organization shall submit to the State Board of Education for consideration at least 3 names of accomplished teachers for every one vacancy or expiring term in a classroom teacher position. The nominations submitted to the State Board of Education under this Section to fill a vacancy or an expiring term shall be advisory. Nomination for State Educator Preparation and Licensure Board members must be submitted to the State Board of Education within 30 days after the vacancy or vacancies occur. Nominations to fill an expiring term must be submitted to the State Board of Education at least 30 days before the expiration of that term. Notwithstanding any other provisions of this Section, if a sufficient number of nominations are not received by the State Board of Education for a vacancy or expiring term within the 30-day period, then the State Board of Education may appoint any qualified person, in the same manner as the original appointment, to fill the vacancy or expiring term. The regular term of each member is 3 years, and an individual may be appointed for no more than 2 consecutive terms. The term of an appointed member of the State Educator Preparation and Licensure Board shall expire on June 30 of his or her final year. (b) The State Board of Education shall appoint a secretary of the State Educator Preparation and Licensure Board. (c) The State Educator Preparation and Licensure Board shall hold regular meetings at least quarterly and such other special meetings as may be necessary. (d) The necessary expenses of the State Educator Preparation and Licensure Board shall be provided through the State Board of Education. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary for the administration of this Article. (e) (Blank).
(Source: P.A. 100-596, eff. 7-1-18.) |
(105 ILCS 5/21B-12) (Section scheduled to be repealed on October 1, 2025) Sec. 21B-12. Professional educator licensure review committee. (a) The State Superintendent of Education shall establish a committee of no more than 21 members to make recommendations to the State Board of Education to change the professional educator licensure requirements and Professional Educator License renewal requirements for kindergarten through grade 12 teachers to include demonstrated proficiency in adverse childhood experiences, trauma, secondary traumatic stress, creating trauma-responsive learning environments or communities, as defined in subsection (b) of Section 3-11 of this Code, restorative justice, and restorative practices on or before October 1, 2024. The members of the committee shall be appointed by the State Superintendent of Education, unless stated otherwise, and shall include the following members: (1) the State Superintendent of Education or a | ||
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(2) one member of a statewide professional teachers' | ||
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(3) one member of another statewide professional | ||
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(4) one member who represents a school district | ||
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(5) one member of a statewide organization | ||
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(6) one member of a statewide organization | ||
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(7) one member of an organization that has specific | ||
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(8) one member of another organization that has | ||
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(9) one member of a statewide organization that | ||
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(10) 3 members representing a State-approved educator | ||
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(11) one member representing regional superintendents | ||
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(12) one educator from a school district that has | ||
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(13) one member representing district superintendents | ||
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(14) the Secretary of Human Services, the Director of | ||
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(15) a child advocate. (b) This Section is repealed on October 1, 2025. (Source: P.A. 103-413, eff. 1-1-24.) |
(105 ILCS 5/21B-15) Sec. 21B-15. Qualifications of educators. (a) No one may be licensed to teach or supervise or be otherwise employed in the public schools of this State who is not of good character and at least 19 years of age, except as otherwise provided in subparagraph (J) of subsection (2) of Section 21B-20. In determining good character under this Section, the State Superintendent of Education shall take into consideration the disciplinary actions of other states or national entities against certificates or licenses issued by those states and held by individuals from those states. In addition, any felony conviction of the applicant may be taken into consideration; however, no one may be licensed to teach or supervise in the public schools of this State who has been convicted of (i) an offense set forth in subsection (b) of Section 21B-80 of this Code until 7 years following the end of the sentence for the criminal offense or (ii) an offense set forth in subsection (c) of Section 21B-80 of this Code. Unless the conviction is for an offense set forth in Section 21B-80 of this Code, an applicant must be permitted to submit character references or other written material before such a conviction or other information regarding the applicant's character may be used by the State Superintendent of Education as a basis for denying the application. (b) No person otherwise qualified shall be denied the right to be licensed or to receive training for the purpose of becoming an educator because of a physical disability, including, but not limited to, visual and hearing disabilities; nor shall any school district refuse to employ a teacher on such grounds, provided that the person is able to carry out the duties of the position for which he or she applies. (c) No person may be granted or continue to hold an educator license who has knowingly altered or misrepresented his or her qualifications, in this State or any other state, in order to acquire or renew the license. Any other license issued under this Article held by the person may be suspended or revoked by the State Educator Preparation and Licensure Board, depending upon the severity of the alteration or misrepresentation. (d) No one may teach or supervise in the public schools nor receive for teaching or supervising any part of any public school fund who does not hold an educator license granted by the State Superintendent of Education as provided in this Article. However, the provisions of this Article do not apply to a member of the armed forces who is employed as a teacher of subjects in the Reserve Officers' Training Corps of any school, nor to an individual teaching a dual credit course as provided for in the Dual Credit Quality Act. (e) Notwithstanding any other provision of this Code, the school board of a school district may grant to a teacher of the district a leave of absence with full pay for a period of not more than one year to permit the teacher to teach in a foreign state under the provisions of the Exchange Teacher Program established under Public Law 584, 79th Congress, and Public Law 402, 80th Congress, as amended. The school board granting the leave of absence may employ, with or without pay, a national of the foreign state wherein the teacher on the leave of absence is to teach if the national is qualified to teach in that foreign state and if that national is to teach in a grade level similar to the one that was taught in the foreign state. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt rules as may be necessary to implement this subsection (e).
(f) No person shall be denied a license issued under this Article solely based on his or her citizenship status or immigration status. The General Assembly finds and declares that this subsection (f) is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code. Nothing in this subsection shall affect the requirements to obtain a license that are not directly related to citizenship status or immigration status. Nothing in this subsection shall be construed to grant eligibility for obtaining any public benefit other than a license issued under this Article. (Source: P.A. 102-713, eff. 1-1-23.) |
(105 ILCS 5/21B-20) Sec. 21B-20. Types of licenses. The State Board of Education shall implement a system of educator licensure, whereby individuals employed in school districts who are required to be licensed must have one of the following licenses: (i) a professional educator license; (ii) an educator license with stipulations; (iii) a substitute teaching license; or (iv) until June 30, 2028, a short-term substitute teaching license. References in law regarding individuals certified or certificated or required to be certified or certificated under Article 21 of this Code shall also include individuals licensed or required to be licensed under this Article. The first year of all licenses ends on June 30 following one full year of the license being issued. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to govern the requirements for licenses and endorsements under this Section. (1) Professional Educator License. Persons who (i) | ||
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Individuals can receive subsequent endorsements on | ||
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(2) Educator License with Stipulations. An Educator | ||
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An individual with an Educator License with | ||
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An Educator License with Stipulations may be issued | ||
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(A) (Blank). (B) Alternative provisional educator. An | ||
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(i) Graduated from a regionally accredited | ||
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(ii) Successfully completed the first phase | ||
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(iii) Passed a content area test, as required | ||
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The alternative provisional educator endorsement is | ||
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(C) Alternative provisional superintendent. An | ||
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(i) Graduated from a regionally accredited | ||
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(ii) Been employed for a period of at least 5 | ||
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(iii) Successfully completed the first phase | ||
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(iv) Passed a content area test required | ||
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The endorsement is valid for 2 fiscal years in | ||
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(D) (Blank). (E) Career and technical educator. A career and | ||
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The career and technical educator endorsement on | ||
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An individual who holds a valid career and | ||
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(F) (Blank). (G) Transitional bilingual educator. A | ||
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(i) Possesses adequate speaking, reading, and | ||
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(ii) Has the ability to successfully | ||
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(iii) Either possessed, within 5 years | ||
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A transitional bilingual educator endorsement | ||
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Persons holding a transitional bilingual educator | ||
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(H) Language endorsement. In an effort to | ||
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(i) Holds a transitional bilingual | ||
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(ii) Has demonstrated proficiency in the | ||
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(iii) Holds a bachelor's degree or higher | ||
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(iv) (Blank). A language endorsement on an Educator License | ||
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(I) Visiting international educator. A visiting | ||
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(i) Holds the equivalent of a minimum of a | ||
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(ii) Has been prepared as a teacher at the | ||
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(iii) Has adequate content knowledge in the | ||
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(iv) Has an adequate command of the English | ||
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A holder of a visiting international educator | ||
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A visiting international educator endorsement on | ||
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(J) Paraprofessional educator. A paraprofessional | ||
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(K) Chief school business official. A chief | ||
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The chief school business official endorsement | ||
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The chief school business official endorsement on | ||
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The State Board of Education shall adopt any | ||
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(L) Provisional in-state educator. A provisional | ||
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(i) Holds at least a bachelor's degree. (ii) Has completed an approved educator | ||
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(iii) Has passed an applicable content area | ||
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(iv) Has attempted an evidence-based | ||
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A provisional in-state educator endorsement on an | ||
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(M) (Blank). (N) Specialized services. A specialized services | ||
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(O) Provisional career and technical educator. A | ||
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A provisional career and technical educator | ||
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An individual who holds a provisional career and | ||
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(3) Substitute Teaching License. A Substitute | ||
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Substitute Teaching Licenses are valid for 5 years. Substitute Teaching Licenses are valid for substitute | ||
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A substitute teacher may only teach in the place of a | ||
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There is no limit on the number of days that a | ||
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A school district may not require an individual who | ||
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(4) Short-Term Substitute Teaching License. Beginning | ||
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Short-Term Substitute Teaching Licenses are valid for | ||
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The provisions of Sections 10-21.9 and 34-18.5 of | ||
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An individual holding a Short-Term Substitute | ||
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(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; 102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. 5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; 103-193, eff. 1-1-24; 103-564, eff. 11-17-23.) |
(105 ILCS 5/21B-25) Sec. 21B-25. Endorsement on licenses. All licenses issued under paragraph (1) of Section 21B-20 of this Code shall be specifically endorsed by the State Board of Education for each content area, school support area, and administrative area for which the holder of the license is qualified. Recognized institutions approved to offer educator preparation programs shall be trained to add endorsements to licenses issued to applicants who meet all of the requirements for the endorsement or endorsements, including passing any required tests. The State Superintendent of Education shall randomly audit institutions to ensure that all rules and standards are being followed for entitlement or when endorsements are being recommended. (1) The State Board of Education, in consultation | ||
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(2) In addition to any and all grade level and | ||
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(A) (Blank). (B) Principal endorsement. A principal | ||
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(i) Successful completion of a principal | ||
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(ii) At least 4 total years of teaching or 4 | ||
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(iii) A master's degree or higher from a | ||
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(C) Chief school business official endorsement. | ||
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(D) Superintendent endorsement. A superintendent | ||
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(E) Teacher leader endorsement. It shall be the | ||
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A teacher who meets the requirements set forth in | ||
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The State Board of Education, in consultation | ||
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(F) Special education endorsement. A special | ||
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(i) Learning Behavior Specialist I; (ii) Learning Behavior Specialist II; (iii) Speech Language Pathologist; (iv) Blind or Visually Impaired; (v) Deaf-Hard of Hearing; (vi) Early Childhood Special Education; and (vii) Director of Special Education. Notwithstanding anything in this Code to the | ||
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(G) School support personnel endorsement. School | ||
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(Source: P.A. 100-13, eff. 7-1-17; 100-267, eff. 8-22-17; 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-780, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, eff. 8-7-19.) |
(105 ILCS 5/21B-30)
(Text of Section from P.A. 103-402)
Sec. 21B-30. Educator testing. (a) (Blank). (b) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall design and implement a system of examinations, which shall be required prior to the issuance of educator licenses. These examinations and indicators must be based on national and State professional teaching standards, as determined by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board of Education may adopt such rules as may be necessary to implement and administer this Section. (c) (Blank). (c-5) The State Board must adopt rules to implement a paraprofessional competency test. This test would allow an applicant seeking an Educator License with Stipulations with a paraprofessional educator endorsement to obtain the endorsement if he or she passes the test and meets the other requirements of subparagraph (J) of paragraph (2) of Section 21B-20 other than the higher education requirements. (d) All applicants seeking a State license shall be required to pass a test of content area knowledge for each area of endorsement for which there is an applicable test. There shall be no exception to this requirement. No candidate shall be allowed to student teach or serve as the teacher of record until he or she has passed the applicable content area test. (d-5) The State Board shall consult with any applicable vendors within 90 days after the effective date of this amendatory Act of the 103rd General Assembly to develop a plan to transition the test of content area knowledge in the endorsement area of elementary education, grades one through 6, by July 1, 2026 to a content area test that contains testing elements that cover bilingualism, biliteracy, oral language development, foundational literacy skills, and developmentally appropriate higher-order comprehension and on which a valid and reliable language and literacy subscore can be determined. The State Board shall base its rules concerning the passing subscore on the language and literacy portion of the test on the recommended cut-score determined in the formal standard-setting process. Candidates need not achieve a particular subscore in the area of language and literacy. The State Board shall aggregate and publish the number of candidates in each preparation program who take the test and the number who pass the language and literacy portion. (e) (Blank). (f) Except as otherwise provided in this Article, beginning on September 1, 2015, all candidates completing teacher preparation programs in this State and all candidates subject to Section 21B-35 of this Code are required to pass a teacher performance assessment approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. A candidate may not be required to submit test materials by video submission. Subject to appropriation, an individual who holds a Professional Educator License and is employed for a minimum of one school year by a school district designated as Tier 1 under Section 18-8.15 may, after application to the State Board, receive from the State Board a refund for any costs associated with completing the teacher performance assessment under this subsection. (g) The content area knowledge test and the teacher performance assessment shall be the tests that from time to time are designated by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, and may be tests prepared by an educational testing organization or tests designed by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The test of content area knowledge shall assess content knowledge in a specific subject field. The tests must be designed to be racially neutral to ensure that no person taking the tests is discriminated against on the basis of race, color, national origin, or other factors unrelated to the person's ability to perform as a licensed employee. The score required to pass the tests shall be fixed by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The tests shall be administered not fewer than 3 times a year at such time and place as may be designated by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board shall implement a test or tests to assess the speaking, reading, writing, and grammar skills of applicants for an endorsement or a license issued under subdivision (G) of paragraph (2) of Section 21B-20 of this Code in the English language and in the language of the transitional bilingual education program requested by the applicant. (h) Except as provided in Section 34-6 of this Code, the provisions of this Section shall apply equally in any school district subject to Article 34 of this Code. (i) The rules developed to implement and enforce the testing requirements under this Section shall include, without limitation, provisions governing test selection, test validation, and determination of a passing score, administration of the tests, frequency of administration, applicant fees, frequency of applicants taking the tests, the years for which a score is valid, and appropriate special accommodations. The State Board of Education shall develop such rules as may be needed to ensure uniformity from year to year in the level of difficulty for each form of an assessment.
(Source: P.A. 102-301, eff. 8-26-21; 103-402, eff. 7-28-23.) (Text of Section from P.A. 103-488) Sec. 21B-30. Educator testing. (a) (Blank). (b) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall design and implement a system of examinations, which shall be required prior to the issuance of educator licenses. These examinations and indicators must be based on national and State professional teaching standards, as determined by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board of Education may adopt such rules as may be necessary to implement and administer this Section. (c) (Blank). (c-5) The State Board must adopt rules to implement a paraprofessional competency test. This test would allow an applicant seeking an Educator License with Stipulations with a paraprofessional educator endorsement to obtain the endorsement if he or she passes the test and meets the other requirements of subparagraph (J) of paragraph (2) of Section 21B-20 other than the higher education requirements. (d) All applicants seeking a State license shall be required to pass a test of content area knowledge for each area of endorsement for which there is an applicable test. There shall be no exception to this requirement. No candidate shall be allowed to student teach or serve as the teacher of record until he or she has passed the applicable content area test. (e) (Blank). (f) Beginning on the effective date of this amendatory Act of the 103rd General Assembly through August 31, 2025, no candidate completing a teacher preparation program in this State or candidate subject to Section 21B-35 of this Code is required to pass a teacher performance assessment. Except as otherwise provided in this Article, beginning on September 1, 2015 until the effective date of this amendatory Act of the 103rd General Assembly and beginning again on September 1, 2025, all candidates completing teacher preparation programs in this State and all candidates subject to Section 21B-35 of this Code are required to pass a teacher performance assessment approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. A candidate may not be required to submit test materials by video submission. Subject to appropriation, an individual who holds a Professional Educator License and is employed for a minimum of one school year by a school district designated as Tier 1 under Section 18-8.15 may, after application to the State Board, receive from the State Board a refund for any costs associated with completing the teacher performance assessment under this subsection. (f-5) The Teacher Performance Assessment Task Force is created to evaluate potential performance-based and objective teacher performance assessment systems for implementation across all educator preparation programs in this State, with the intention of ensuring consistency across programs and supporting a thoughtful and well-rounded licensure system. Members appointed to the Task Force must reflect the racial, ethnic, and geographic diversity of this State. The Task Force shall consist of all of the following members: (1) One member of the Senate, appointed by the | ||
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(2) One member of the Senate, appointed by the | ||
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(3) One member of the House of Representatives, | ||
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(4) One member of the House of Representatives, | ||
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(5) One member who represents a statewide | ||
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(6) One member who represents a different statewide | ||
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(7) One member from a statewide organization | ||
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(8) One member from a statewide organization | ||
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(9) One member from a statewide organization | ||
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(10) One member representing a school district | ||
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(11) One member of an association representing rural | ||
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(12) One member representing a suburban school | ||
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(13) One member from a statewide organization | ||
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(14) One member from a statewide organization | ||
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(15) One member from a statewide organization | ||
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(16) Three members, each representing a different | ||
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(17) Three members, each representing a different | ||
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(18) One member of the Board of Higher Education, | ||
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(19) One member representing a statewide policy | ||
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(20) One member representing a statewide | ||
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(21) Two members representing an early childhood | ||
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(22) One member representing a statewide organization | ||
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(23) One member representing a statewide organization | ||
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(24) One member representing a statewide organization | ||
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(25) One member who has, within the last 5 years, | ||
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Members of the Task Force shall serve without compensation. The Task Force shall first meet at the call of the State Superintendent of Education, and each subsequent meeting shall be called by the chairperson of the Task Force, who shall be designated by the State Superintendent of Education. The State Board of Education shall provide administrative and other support to the Task Force. On or before August 1, 2024, the Task Force shall report on its work, including recommendations on a teacher performance assessment system in this State, to the State Board of Education and the General Assembly. The Task Force is dissolved upon submission of this report. (g) The content area knowledge test and the teacher performance assessment shall be the tests that from time to time are designated by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, and may be tests prepared by an educational testing organization or tests designed by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The test of content area knowledge shall assess content knowledge in a specific subject field. The tests must be designed to be racially neutral to ensure that no person taking the tests is discriminated against on the basis of race, color, national origin, or other factors unrelated to the person's ability to perform as a licensed employee. The score required to pass the tests shall be fixed by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The tests shall be administered not fewer than 3 times a year at such time and place as may be designated by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board shall implement a test or tests to assess the speaking, reading, writing, and grammar skills of applicants for an endorsement or a license issued under subdivision (G) of paragraph (2) of Section 21B-20 of this Code in the English language and in the language of the transitional bilingual education program requested by the applicant. (h) Except as provided in Section 34-6 of this Code, the provisions of this Section shall apply equally in any school district subject to Article 34 of this Code. (i) The rules developed to implement and enforce the testing requirements under this Section shall include without limitation provisions governing test selection, test validation and determination of a passing score, administration of the tests, frequency of administration, applicant fees, frequency of applicants taking the tests, the years for which a score is valid, and appropriate special accommodations. The State Board of Education shall develop such rules as may be needed to ensure uniformity from year to year in the level of difficulty for each form of an assessment.
(Source: P.A. 102-301, eff. 8-26-21; 103-488, eff. 8-4-23.) |
(105 ILCS 5/21B-35) Sec. 21B-35. Minimum requirements for educators trained in other states or countries. (a) Any applicant who has not been entitled by an Illinois-approved educator preparation program at an Illinois institution of higher education applying for a Professional Educator License endorsed in a teaching field or school support personnel area must meet the following requirements: (1) the applicant must: (A) hold a comparable and valid educator license | ||
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(B) have a bachelor's degree from a regionally | ||
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(C) (blank); or (2) the applicant must: (A) have completed a state-approved program for | ||
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(B) have a bachelor's degree from a regionally | ||
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(C) have successfully met all Illinois | ||
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(i) (blank); (ii) an applicant who has successfully | ||
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(iii) an applicant for a teaching endorsement | ||
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(D) for an applicant for a teaching endorsement, | ||
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(b) In order to receive a Professional Educator License endorsed in a teaching field or school support personnel area, applicants trained in another country must meet all of the following requirements: (1) Have completed a comparable education program in | ||
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(2) Have had transcripts evaluated by an evaluation | ||
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(3) Have a degree comparable to a degree from a | ||
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(4) Have completed coursework aligned to standards | ||
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(5) (Blank). (6) (Blank). (7) Have successfully met all State licensure | ||
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(8) Have completed student teaching or an equivalent | ||
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(9) (Blank). (b-5) All applicants who have not been entitled by an Illinois-approved educator preparation program at an Illinois institution of higher education and applicants trained in another country applying for a Professional Educator License endorsed for principal or superintendent must hold a master's degree from a regionally accredited institution of higher education and hold a comparable and valid educator license or certificate with similar grade level and subject matter credentials, with the State Board of Education having the authority to determine what constitutes similar grade level and subject matter credentials from another state, or must meet all of the following requirements: (1) Have completed an educator preparation program | ||
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(2) Have successfully met all State licensure | ||
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(2.5) Have completed an internship, as defined by | ||
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(3) (Blank). (4) Have completed coursework aligned to standards | ||
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(4.5) (Blank). (5) Have completed a master's degree. (6) Have successfully completed teaching, school | ||
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(b-7) All applicants who have not been entitled by an Illinois-approved educator preparation program at an Illinois institution of higher education applying for a Professional Educator License endorsed for Director of Special Education must hold a master's degree from a regionally accredited institution of higher education and must hold a comparable and valid educator license or certificate with similar grade level and subject matter credentials, with the State Board of Education having the authority to determine what constitutes similar grade level and subject matter credentials from another state, or must meet all of the following requirements: (1) Have completed a master's degree. (2) Have 2 years of full-time experience | ||
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(3) Have successfully completed all examination | ||
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(4) Have completed coursework aligned to | ||
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(b-10) All applicants who have not been entitled by an Illinois-approved educator preparation program at an Illinois institution of higher education applying for a Professional Educator License endorsed for chief school business official must hold a master's degree from a regionally accredited institution of higher education and must hold a comparable and valid educator license or certificate with similar grade level and subject matter credentials, with the State Board of Education having the authority to determine what constitutes similar grade level and subject matter credentials from another state, or must meet all of the following requirements: (1) Have completed a master's degree in school | ||
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(2) Have successfully completed an internship in | ||
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(3) Have successfully met all State examination | ||
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(4) Have completed modules aligned to standards | ||
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(c) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to implement this Section.
(Source: P.A. 102-539, eff. 8-20-21; 103-402, eff. 7-28-23.) |
(105 ILCS 5/21B-40) Sec. 21B-40. Fees. (a) Beginning with the start of the new licensure system established pursuant to this Article, the following fees shall be charged to applicants: (1) A $100 application fee for a Professional | ||
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(1.5) A $50 application fee for a Substitute Teaching | ||
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(1.7) A $25 application fee for a Short-Term | ||
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(2) A $150 application fee for individuals who have | ||
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(3) A $50 application fee for each endorsement or | ||
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(4) A $10 per year registration fee for the course | ||
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Beginning on July 1, 2017, at the beginning of each | ||
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(5) The license renewal fee for an Educator License | ||
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(b) All application fees paid pursuant to subdivisions (1) through (3) of subsection (a) of this Section shall be deposited into the Teacher Certificate Fee Revolving Fund and shall be used, subject to appropriation, by the State Board of Education to provide the technology and human resources necessary for the timely and efficient processing of applications and for the renewal of licenses. Funds available from the Teacher Certificate Fee Revolving Fund may also be used by the State Board of Education to support the recruitment and retention of educators, to support educator preparation programs as they seek national accreditation, and to provide professional development aligned with the requirements set forth in Section 21B-45 of this Code. A majority of the funds in the Teacher Certificate Fee Revolving Fund must be dedicated to the timely and efficient processing of applications and for the renewal of licenses. The Teacher Certificate Fee Revolving Fund is not subject to administrative charge transfers, authorized under Section 8h of the State Finance Act, from the Teacher Certificate Fee Revolving Fund into any other fund of this State, and moneys in the Teacher Certificate Fee Revolving Fund shall not revert back to the General Revenue Fund at any time. The regional superintendent of schools shall deposit the registration fees paid pursuant to subdivision (4) of subsection (a) of this Section into the institute fund established pursuant to Section 3-11 of this Code. (c) The State Board of Education and each regional office of education are authorized to charge a service or convenience fee for the use of credit cards for the payment of license fees. This service or convenience fee shall not exceed the amount required by the credit card processing company or vendor that has entered into a contract with the State Board or regional office of education for this purpose, and the fee must be paid to that company or vendor. (d) If, at the time a certificate issued under Article 21 of this Code is exchanged for a license issued under this Article, a person has paid registration fees for any years of the validity period of the certificate and these years have not expired when the certificate is exchanged, then those fees must be applied to the registration of the new license.
(Source: P.A. 101-81, eff. 7-12-19; 101-570, eff. 8-23-19; 102-867, eff. 5-13-22.) |
(105 ILCS 5/21B-45) Sec. 21B-45. Professional Educator License renewal. (a) Individuals holding a Professional Educator License are required to complete the licensure renewal requirements as specified in this Section, unless otherwise provided in this Code. Individuals holding a Professional Educator License shall meet the renewal requirements set forth in this Section, unless otherwise provided in this Code. If an individual holds a license endorsed in more than one area that has different renewal requirements, that individual shall follow the renewal requirements for the position for which he or she spends the majority of his or her time working. (b) All Professional Educator Licenses not renewed as provided in this Section shall lapse on September 1 of that year. Notwithstanding any other provisions of this Section, if a license holder's electronic mail address is available, the State Board of Education shall send him or her notification electronically that his or her license will lapse if not renewed, to be sent no more than 6 months prior to the license lapsing. Lapsed licenses may be immediately reinstated upon (i) payment to the State Board of Education by the applicant of a $50 penalty or (ii) the demonstration of proficiency by completing 9 semester hours of coursework from a regionally accredited institution of higher education in the content area that most aligns with one or more of the educator's endorsement areas. Any and all back fees, including without limitation registration fees owed from the time of expiration of the license until the date of reinstatement, shall be paid and kept in accordance with the provisions in Article 3 of this Code concerning an institute fund and the provisions in Article 21B of this Code concerning fees and requirements for registration. Licenses not registered in accordance with Section 21B-40 of this Code shall lapse after a period of 6 months from the expiration of the last year of registration or on January 1 of the fiscal year following initial issuance of the license. An unregistered license is invalid after September 1 for employment and performance of services in an Illinois public or State-operated school or cooperative and in a charter school. Any license or endorsement may be voluntarily surrendered by the license holder. A voluntarily surrendered license shall be treated as a revoked license. An Educator License with Stipulations with only a paraprofessional endorsement does not lapse.
(c) From July 1, 2013 through June 30, 2014, in order to satisfy the requirements for licensure renewal provided for in this Section, each professional educator licensee with an administrative endorsement who is working in a position requiring such endorsement shall complete one Illinois Administrators' Academy course, as described in Article 2 of this Code, per fiscal year. (c-5) All licenses issued by the State Board of Education under this Article that expire on June 30, 2020 and have not been renewed by the end of the 2020 renewal period shall be extended for one year and shall expire on June 30, 2021. (d) Beginning July 1, 2014, in order to satisfy the requirements for licensure renewal provided for in this Section, each professional educator licensee may create a professional development plan each year. The plan shall address one or more of the endorsements that are required of his or her educator position if the licensee is employed and performing services in an Illinois public or State-operated school or cooperative. If the licensee is employed in a charter school, the plan shall address that endorsement or those endorsements most closely related to his or her educator position. Licensees employed and performing services in any other Illinois schools may participate in the renewal requirements by adhering to the same process. Except as otherwise provided in this Section, the licensee's professional development activities shall align with one or more of the following criteria: (1) activities are of a type that engages | ||
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(2) professional development aligns to the licensee's | ||
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(3) outcomes for the activities must relate to | ||
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(4) activities align to State-approved standards;
and (5) higher education coursework. (e) For each renewal cycle, each professional educator licensee shall engage in professional development activities. Prior to renewal, the licensee shall enter electronically into the Educator Licensure Information System (ELIS) the name, date, and location of the activity, the number of professional development hours, and the provider's name. The following provisions shall apply concerning professional development activities: (1) Each licensee shall complete a total of 120 hours | ||
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(2) Beginning with his or her first full 5-year | ||
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(3) Any licensee with an administrative endorsement | ||
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(4) Any licensee holding a current National Board for | ||
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(5) Licensees working in a position that does not | ||
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(6) Licensees who are retired and qualify for | ||
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(7) For any renewal cycle in which professional | ||
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(8) Any licensee who has not fulfilled the | ||
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(9) If professional development opportunities were | ||
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(10) Individuals who hold exempt licenses prior to | ||
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(11) Notwithstanding any other provision of this | ||
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(e-5) The number of professional development hours required under subsection (e) is reduced by 20% for any renewal cycle that includes the 2021-2022 school year. (f) At the time of renewal, each licensee shall respond to the required questions under penalty of perjury. (f-5) The State Board of Education shall conduct random audits of licensees to verify a licensee's fulfillment of the professional development hours required under this Section. Upon completion of a random audit, if it is determined by the State Board of Education that the licensee did not complete the required number of professional development hours or did not provide sufficient proof of completion, the licensee shall be notified that his or her license has lapsed. A license that has lapsed under this subsection may be reinstated as provided in subsection (b). (g) The following entities shall be designated as approved to provide professional development activities for the renewal of Professional Educator Licenses: (1) The State Board of Education. (2) Regional offices of education and intermediate | ||
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(3) Illinois professional associations representing | ||
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(A) school administrators; (B) principals; (C) school business officials; (D) teachers, including special education | ||
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(E) school boards; (F) school districts; (G) parents; and (H) school service personnel. (4) Regionally accredited institutions of higher | ||
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(5) Illinois public school districts, charter schools | ||
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(6) A not-for-profit organization that, as of | ||
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(7) State agencies, State boards, and State | ||
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(8) Museums as defined in Section 10 of the Museum | ||
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(h) Approved providers under subsection (g) of this Section shall make available professional development opportunities that satisfy at least one of the following: (1) increase the knowledge and skills of school and | ||
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(2) improve the learning of students; (3) organize adults into learning communities whose | ||
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(4) deepen educator's content knowledge; (5) provide educators with research-based | ||
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(6) prepare educators to appropriately use various | ||
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(7) use learning strategies appropriate to the | ||
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(8) provide educators with the knowledge and skills | ||
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(9) prepare educators to apply research to decision | ||
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(10) provide educators with training on inclusive | ||
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(11) beginning on July 1, 2022, provide educators | ||
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(i) Approved providers under subsection (g) of this Section shall do the following: (1) align professional development activities to the | ||
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(2) meet the professional development criteria for | ||
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(3) produce a rationale for the activity that | ||
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(4) maintain original documentation for completion of | ||
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(5) provide license holders with evidence of | ||
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(6) request an Illinois Educator Identification | ||
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(7) beginning on July 1, 2019, register annually with | ||
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(j) The State Board of Education shall conduct annual audits of a subset of approved providers, except for school districts, which shall be audited by regional offices of education and intermediate service centers. The State Board of Education shall ensure that each approved provider, except for a school district, is audited at least once every 5 years. The State Board of Education may conduct more frequent audits of providers if evidence suggests the requirements of this Section or administrative rules are not being met. (1) (Blank). (2) Approved providers shall comply with the | ||
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(A) educator and student growth in regards to | ||
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(B) educator and student social and emotional | ||
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(C) alignment to district or school improvement | ||
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(3) The State Superintendent of Education shall | ||
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(k) Registration fees shall be paid for the next renewal cycle between April 1 and June 30 in the last year of each 5-year renewal cycle using ELIS. If all required professional development hours for the renewal cycle have been completed and entered by the licensee, the licensee shall pay the registration fees for the next cycle using a form of credit or debit card. (l) Any professional educator licensee endorsed for school support personnel who is employed and performing services in Illinois public schools and who holds an active and current professional license issued by the Department of Financial and Professional Regulation or a national certification board, as approved by the State Board of Education, related to the endorsement areas on the Professional Educator License shall be deemed to have satisfied the continuing professional development requirements provided for in this Section. Such individuals shall be required to pay only registration fees to renew the Professional Educator License. An individual who does not hold a license issued by the Department of Financial and Professional Regulation shall complete professional development requirements for the renewal of a Professional Educator License provided for in this Section. (m) Appeals to the State Educator Preparation and Licensure Board
must be made within 30 days after receipt of notice from the State Superintendent of Education that a license will not be renewed based upon failure to complete the requirements of this Section. A licensee may appeal that decision to the State Educator Preparation and Licensure Board in a manner prescribed by rule. (1) Each appeal shall state the reasons why the State | ||
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(2) The State Educator Preparation and Licensure | ||
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(A) the regional superintendent of education's | ||
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(B) any evidence submitted to the State | ||
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(C) the State Superintendent's rationale for | ||
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(3) The State Educator Preparation and Licensure | ||
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(n) The State Board of Education may adopt rules as may be necessary to implement this Section.(Source: P.A. 102-676, eff. 12-3-21; 102-710, eff. 4-27-22; 102-730, eff. 5-6-22; 102-852, eff. 5-13-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/21B-50) (Text of Section from P.A. 103-111) Sec. 21B-50. Alternative Educator Licensure Program. (a) There is established an alternative educator licensure program, to be known as the Alternative Educator Licensure Program for Teachers. (b) The Alternative Educator Licensure Program for Teachers may be offered by a recognized institution approved to offer educator preparation programs by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The program shall be comprised of up to 3 phases: (1) A course of study that at a minimum includes | ||
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(2) A year of residency, which is a candidate's | ||
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(3) (Blank). (4) A comprehensive assessment of the candidate's | ||
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Successful completion of the program shall be deemed to satisfy any other practice or student teaching and content matter requirements established by law. (c) An alternative provisional educator endorsement on an Educator License with Stipulations is valid for up to 2 years of teaching in the public schools, including without limitation a preschool educational program under Section 2-3.71 of this Code or charter school, or in a State-recognized nonpublic school in which the chief administrator is required to have the licensure necessary to be a principal in a public school in this State and in which a majority of the teachers are required to have the licensure necessary to be instructors in a public school in this State, but may be renewed for a third year if needed to complete the Alternative Educator Licensure Program for Teachers. The endorsement shall be issued only once to an individual who meets all of the following requirements: (1) Has graduated from a regionally accredited | ||
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(2) (Blank). (3) Has completed a major in the content area if | ||
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(4) Has successfully completed phase (1) of | ||
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(5) Has passed a content area test required for the | ||
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A candidate possessing the alternative provisional educator endorsement may receive a salary, benefits, and any other terms of employment offered to teachers in the school who are members of an exclusive bargaining representative, if any, but a school is not required to provide these benefits during the years of residency if the candidate is serving only as a co-teacher. If the candidate is serving as the teacher of record, the candidate must receive a salary, benefits, and any other terms of employment. Residency experiences must not be counted towards tenure. (d) The recognized institution offering the Alternative Educator Licensure Program for Teachers must partner with a school district, including without limitation a preschool educational program under Section 2-3.71 of this Code or charter school, or a State-recognized, nonpublic school in this State in which the chief administrator is required to have the licensure necessary to be a principal in a public school in this State and in which a majority of the teachers are required to have the licensure necessary to be instructors in a public school in this State. A recognized institution that partners with a public school district administering a preschool educational program under Section 2-3.71 of this Code must require a principal to recommend or evaluate candidates in the program. A recognized institution that partners with an eligible entity administering a preschool educational program under Section 2-3.71 of this Code and that is not a public school district must require a principal or qualified equivalent of a principal to recommend or evaluate candidates in the program. The program presented for approval by the State Board of Education must demonstrate the supports that are to be provided to assist the provisional teacher during the 1-year or 2-year residency period and if the residency period is to be less than 2 years in length, assurances from the partner school districts to provide intensive mentoring and supports through at least the end of the second full year of teaching for educators who completed the Alternative Educators Licensure Program in less than 2 years. These supports must, at a minimum, provide additional contact hours with mentors during the first year of residency. (e) Upon completion of phases under paragraphs (1), (2), (4), and, if needed, (3) in subsection (b) of this Section and all assessments required under Section 21B-30 of this Code, an individual shall receive a Professional Educator License. (f) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to establish and implement the Alternative Educator Licensure Program for Teachers.
(Source: P.A. 103-111, eff. 6-29-23.) (Text of Section from P.A. 103-488) Sec. 21B-50. Alternative Educator Licensure Program. (a) There is established an alternative educator licensure program, to be known as the Alternative Educator Licensure Program for Teachers. (b) The Alternative Educator Licensure Program for Teachers may be offered by a recognized institution approved to offer educator preparation programs by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The program shall be comprised of 4 phases: (1) A course of study that at a minimum includes | ||
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(2) A year of residency, which is a candidate's | ||
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(3) A second year of residency, which shall include | ||
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(4) A comprehensive assessment of the candidate's | ||
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Successful completion of the program shall be deemed to satisfy any other practice or student teaching and content matter requirements established by law. (c) An alternative provisional educator endorsement on an Educator License with Stipulations is valid for 2 years of teaching in the public schools, including without limitation a preschool educational program under Section 2-3.71 of this Code or charter school, or in a State-recognized nonpublic school in which the chief administrator is required to have the licensure necessary to be a principal in a public school in this State and in which a majority of the teachers are required to have the licensure necessary to be instructors in a public school in this State, but may be renewed for a third year if needed to complete the Alternative Educator Licensure Program for Teachers. The endorsement shall be issued only once to an individual who meets all of the following requirements: (1) Has graduated from a regionally accredited | ||
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(2) (Blank). (3) Has completed a major in the content area if | ||
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(4) Has successfully completed phase (1) of | ||
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(5) Has passed a content area test required for the | ||
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A candidate possessing the alternative provisional educator endorsement may receive a salary, benefits, and any other terms of employment offered to teachers in the school who are members of an exclusive bargaining representative, if any, but a school is not required to provide these benefits during the years of residency if the candidate is serving only as a co-teacher. If the candidate is serving as the teacher of record, the candidate must receive a salary, benefits, and any other terms of employment. Residency experiences must not be counted towards tenure. (d) The recognized institution offering the Alternative Educator Licensure Program for Teachers must partner with a school district, including without limitation a preschool educational program under Section 2-3.71 of this Code or charter school, or a State-recognized, nonpublic school in this State in which the chief administrator is required to have the licensure necessary to be a principal in a public school in this State and in which a majority of the teachers are required to have the licensure necessary to be instructors in a public school in this State. A recognized institution that partners with a public school district administering a preschool educational program under Section 2-3.71 of this Code must require a principal to recommend or evaluate candidates in the program. A recognized institution that partners with an eligible entity administering a preschool educational program under Section 2-3.71 of this Code and that is not a public school district must require a principal or qualified equivalent of a principal to recommend or evaluate candidates in the program. The program presented for approval by the State Board of Education must demonstrate the supports that are to be provided to assist the provisional teacher during the 2-year residency period. These supports must provide additional contact hours with mentors during the first year of residency. (e) Upon completion of the 4 phases outlined in subsection (b) of this Section and all assessments required under Section 21B-30 of this Code, an individual shall receive a Professional Educator License. (f) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to establish and implement the Alternative Educator Licensure Program for Teachers.
(Source: P.A. 103-488, eff. 8-4-23.) |
(105 ILCS 5/21B-55) Sec. 21B-55. Alternative route to superintendent endorsement. (a) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may approve programs designed to provide an alternative route to superintendent endorsement on a Professional Educator License. (b) Entities offering an alternative route to superintendent endorsement program must have the program approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. (c) All programs approved under this Section shall be comprised of the following 3 phases: (1) A course of study offered on an intensive basis | ||
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(2) The person's assignment to a full-time position | ||
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(3) A comprehensive assessment of the person's | ||
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(d) In order to serve as a superintendent under phase (2) of subsection (c) of this Section, an individual must be issued an alternative provisional superintendent endorsement on an Educator License with Stipulations, to be valid for only one year of serving as a superintendent. In order to receive the provisional alternative superintendent endorsement under this Section, an individual must meet all of the following requirements: (1) Have graduated from a regionally accredited | ||
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(2) Have been employed for a period of at least 5 | ||
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(3) Have successfully completed phase (1) of | ||
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(4) Have passed a content area test for admission | ||
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(e) Successful completion of an alternative route to superintendent endorsement program shall be deemed to satisfy any other supervisory, administrative, or management experience requirements established by law, and, once completed, an individual shall be eligible for a superintendent endorsement on a Professional Educator License. (f) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be needed to establish and implement these alternative route to superintendent endorsement programs.
(Source: P.A. 100-596, eff. 7-1-18; 101-220, eff. 8-7-19.) |
(105 ILCS 5/21B-60) Sec. 21B-60. Principal preparation programs. (a) It is the policy of this State that an essential element of improving student learning is supporting and employing highly effective school principals in leadership roles who improve teaching and learning and increase academic achievement and the development of all students. (b) No later than September 1, 2014, recognized institutions approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, to offer principal preparation programs must do all of the following: (1) Meet the standards and requirements for such | ||
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(2) Prepare candidates to meet required standards for | ||
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(3) Include specific requirements for (i) the | ||
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(c) Candidates successfully completing a principal preparation program established pursuant to this Section shall obtain a principal endorsement on a Professional Educator License and are eligible to work as a principal or an assistant principal or in related or similar positions, as determined by the State Superintendent of Education, in consultation with the State Educator Preparation and Licensure Board. (d) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to implement and administer principal preparation programs under this Section.
(Source: P.A. 99-58, eff. 7-16-15.) |
(105 ILCS 5/21B-65) Sec. 21B-65. National Board for Professional Teaching Standards. Individuals holding certification issued by the National Board for Professional Teaching Standards shall be issued a National Board for Professional Teaching Standards designation on an existing Professional Educator License. The designation shall be issued automatically and added to an individual's Professional Educator License, and individuals need not submit an application. The National Board for Professional Teaching Standards designation must be issued only for the same validity period as the National Board for Professional Teaching Standards certification, and the designation must be removed from the Professional Educator License when the educator no longer holds the certification from the National Board for Professional Teaching Standards. Beginning on July 1, 2013, individuals holding an Illinois National Board for Professional Teaching Standards endorsement issued pursuant to the requirements of Section 21-2 of this Code must have a current certificate issued by the National Board for Professional Teaching Standards in order to maintain the Illinois National Board for Professional Teaching Standards endorsement. Any individual who, on or after July 1, 2012, has been issued a Master Certificate pursuant to Section 21-2 of this Code or a National Board for Professional Teaching Standards designation on a Professional Educator License pursuant to this Section may work as a teacher only in an area for which he or she holds the required Illinois endorsement. Any individual who, prior to June 30, 2012, has been issued an endorsement for a particular area on a Master Certificate may work as a teacher in that area even without having been issued the required Illinois endorsement.
(Source: P.A. 97-607, eff. 8-26-11.) |
(105 ILCS 5/21B-70) (Text of Section from P.A. 103-122) Sec. 21B-70. Illinois Teaching Excellence Program. (a) As used in this Section: "Diverse candidate" means a candidate who identifies with any of the ethnicities reported on the Illinois Report Card other than White. "National Board certified teacher candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting all other candidate cohorts other than diverse candidate cohorts through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher diverse candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting racially and ethnically diverse candidates through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher diverse liaison" means an individual or entity that supports the National Board certified teacher leading a diverse candidate cohort. "National Board certified teacher liaison" means an individual or entity that supports the National Board certified teacher leading candidate cohorts other than diverse candidate cohorts. "National Board certified teacher rural or remote or distant candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting rural or remote candidates through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher rural or remote or distant liaison" means an individual or entity that supports the National Board certified teacher leading a rural or remote candidate cohort. "Qualified educator" means a teacher or school counselor currently employed in a school district who is in the process of obtaining certification through the National Board for Professional Teaching Standards or who has completed certification and holds a current Professional Educator License with a National Board for Professional Teaching Standards designation or a retired teacher or school counselor who holds a Professional Educator License with a National Board for Professional Teaching Standards designation. "Rural or remote" or "rural or remote or distant" means local codes 32, 33, 41, 42, and 43 of the New Urban-Centric Locale Codes, as defined by the National Center for Education Statistics. "Tier 1" has the meaning given to that term under Section 18-8.15. "Tier 2" has the meaning given to that term under Section 18-8.15. (b) Any funds appropriated for the Illinois Teaching Excellence Program must be used to provide monetary assistance and incentives for qualified educators who are employed by or retired from school districts and who have or are in the process of obtaining licensure through the National Board for Professional Teaching Standards. The goal of the program is to improve instruction and student performance. The State Board of Education shall allocate an amount as annually appropriated by the General Assembly for the Illinois Teaching Excellence Program for (i) application or re-take fees for each qualified educator seeking to complete certification through the National Board for Professional Teaching Standards, to be paid directly to the National Board for Professional Teaching Standards, and (ii) incentives under paragraphs (1), (2), and (3) of subsection (c) for each qualified educator, to be distributed to the respective school district, and incentives under paragraph (5) of subsection (c), to be distributed to the respective school district or directly to the qualified educator. The school district shall distribute this payment to each eligible teacher or school counselor as a single payment. The State Board of Education's annual budget must set out by separate line item the appropriation for the program. Unless otherwise provided by appropriation, qualified educators are eligible for monetary assistance and incentives outlined in subsections (c) and (d) of this Section. (c) When there are adequate funds available, monetary assistance and incentives shall include the following: (1) A maximum of $2,000 towards the application or | ||
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(2) A maximum of $2,000 towards the application or | ||
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(3) A maximum of $1,000 towards the National Board | ||
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(4) (Blank). (5) An annual incentive of no more than $2,250 | ||
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(A) National Board for Professional Teaching | ||
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(B) National Board for Professional Teaching | ||
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(C) National Board for Professional Teaching | ||
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(D) (Blank).
Funds may also be used for professional development training provided by the National Board Resource Center. Funds may also be used for instructional leadership training for qualified educators interested in supporting implementation of the Illinois Learning Standards or teaching and learning priorities of the State Board of Education or both. (d) In addition to the monetary assistance and incentives provided under subsection (c), if adequate funds are available, incentives shall include the following incentives for the program in rural or remote schools or school districts or for programs working with diverse candidates, to be distributed to the respective school district or directly to the qualified educator or entity: (1) A one-time incentive of $3,000 payable to | ||
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(2) An annual incentive of $3,200 for National Board | ||
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(3) An annual incentive of $2,500 for National Board | ||
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(Source: P.A. 103-122, eff. 6-30-23.) (Text of Section from P.A. 103-207) Sec. 21B-70. Illinois Teaching Excellence Program. (a) As used in this Section: "Diverse candidate" means a candidate who identifies with any of the ethnicities reported on the Illinois Report Card other than White. "Hard-to-staff school" means a public school in which no less than 30% of the student enrollment is considered low-income as reported by the report card under Section 10-17a of this Code. "National Board certified teacher candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting all other candidate cohorts other than diverse candidate cohorts through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher diverse candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting racially and ethnically diverse candidates through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher diverse liaison" means an individual or entity that supports the National Board certified teacher leading a diverse candidate cohort. "National Board certified teacher liaison" means an individual or entity that supports the National Board certified teacher leading candidate cohorts other than diverse candidate cohorts. "National Board certified teacher rural or remote or distant candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting rural or remote candidates through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher rural or remote or distant liaison" means an individual or entity that supports the National Board certified teacher leading a rural or remote candidate cohort. "Qualified educator" means a teacher or school counselor currently employed in a school district who is in the process of obtaining certification through the National Board for Professional Teaching Standards or who has completed certification and holds a current Professional Educator License with a National Board for Professional Teaching Standards designation or a retired teacher or school counselor who holds a Professional Educator License with a National Board for Professional Teaching Standards designation. "Rural or remote" or "rural or remote or distant" means local codes 32, 33, 41, 42, and 43 of the New Urban-Centric Locale Codes, as defined by the National Center for Education Statistics. "Tier 1" has the meaning given to that term under Section 18-8.15. "Tier 2" has the meaning given to that term under Section 18-8.15. (b) Any funds appropriated for the Illinois Teaching Excellence Program must be used to provide monetary assistance and incentives for qualified educators who are employed by or retired from school districts and who have or are in the process of obtaining licensure through the National Board for Professional Teaching Standards. The goal of the program is to improve instruction and student performance. The State Board of Education shall allocate an amount as annually appropriated by the General Assembly for the Illinois Teaching Excellence Program for (i) application or re-take fees for each qualified educator seeking to complete certification through the National Board for Professional Teaching Standards, to be paid directly to the National Board for Professional Teaching Standards, and (ii) incentives under paragraphs (1), (2), and (3) of subsection (c) for each qualified educator, to be distributed to the respective school district, and incentives under paragraph (5) of subsection (c), to be distributed to the respective school district or directly to the qualified educator. The school district shall distribute this payment to each eligible teacher or school counselor as a single payment. The State Board of Education's annual budget must set out by separate line item the appropriation for the program. Unless otherwise provided by appropriation, qualified educators are eligible for monetary assistance and incentives outlined in subsections (c) and (d) of this Section. (c) When there are adequate funds available, monetary assistance and incentives shall include the following: (1) A maximum of $2,000 towards the application or | ||
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(2) A maximum of $2,000 towards the application or | ||
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(3) A maximum of $1,000 towards the National Board | ||
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(4) (Blank). (5) An annual incentive of no more than $1,500 | ||
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(A) National Board for Professional Teaching | ||
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(B) National Board for Professional Teaching | ||
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(C) National Board for Professional Teaching | ||
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(D) (Blank).
Funds may also be used for instructional leadership training for qualified educators interested in supporting implementation of the Illinois Learning Standards or teaching and learning priorities of the State Board of Education or both. (d) In addition to the monetary assistance and incentives provided under subsection (c), if adequate funds are available, incentives shall include the following incentives for the program in rural or remote schools or school districts or for programs working with diverse candidates or for retention bonuses for hard to staff schools, to be distributed to the respective school district or directly to the qualified educator or entity: (1) A one-time incentive of $3,000 payable to | ||
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(2) An annual incentive of $3,200 for National Board | ||
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(3) An annual incentive of $2,500 for National Board | ||
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(4) An annual retention bonus of $4,000 per year for | ||
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(Source: P.A. 103-207, eff. 1-1-24.) |
(105 ILCS 5/21B-75) Sec. 21B-75. Suspension or revocation of license, endorsement, or approval. (a) As used in this Section, "teacher" means any school district employee regularly required to be licensed, as provided in this Article, in order to teach or supervise in the public schools. (b) The State Superintendent of Education has the exclusive authority, in accordance with this Section and any rules adopted by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, to initiate the suspension of up to 5 calendar years or revocation of any license, endorsement, or approval issued pursuant to this Article for abuse or neglect of a child, sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code, immorality, a condition of health detrimental to the welfare of pupils, incompetency, unprofessional conduct (which includes the failure to disclose on an employment application any previous conviction for a sex offense, as defined in Section 21B-80 of this Code, or any other offense committed in any other state or against the laws of the United States that, if committed in this State, would be punishable as a sex offense, as defined in Section 21B-80 of this Code), the neglect of any professional duty, willful or negligent failure to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act, or other just cause. Negligent failure to report an instance of suspected child abuse or neglect occurs when a teacher 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. Unprofessional conduct shall include the refusal to attend or participate in institutes, teachers' meetings, or professional readings or to meet other reasonable requirements of the regional superintendent of schools or State Superintendent of Education. Unprofessional conduct also includes conduct that violates the standards, ethics, or rules applicable to the security, administration, monitoring, or scoring of or the reporting of scores from any assessment test or examination administered under Section 2-3.64a-5 of this Code or that is known or intended to produce or report manipulated or artificial, rather than actual, assessment or achievement results or gains from the administration of those tests or examinations. Unprofessional conduct shall also include neglect or unnecessary delay in the making of statistical and other reports required by school officers. Incompetency shall include, without limitation, 2 or more school terms of service for which the license holder has received an unsatisfactory rating on a performance evaluation conducted pursuant to Article 24A of this Code within a period of 7 school terms of service. In determining whether to initiate action against one or more licenses based on incompetency and the recommended sanction for such action, the State Superintendent shall consider factors that include without limitation all of the following: (1) Whether the unsatisfactory evaluation ratings | ||
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(2) Whether the unsatisfactory evaluation ratings | ||
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(3) Whether the evaluator or evaluators who performed | ||
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(4) The time between the unsatisfactory evaluation | ||
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(5) The quality of the remediation plans associated | ||
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(6) Whether the unsatisfactory evaluation ratings | ||
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(7) Whether one or more of the unsatisfactory | ||
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When initiating an action against one or more licenses, the State Superintendent may seek required professional development as a sanction in lieu of or in addition to suspension or revocation. Any such required professional development must be at the expense of the license holder, who may use, if available and applicable to the requirements established by administrative or court order, training, coursework, or other professional development funds in accordance with the terms of an applicable collective bargaining agreement entered into after June 13, 2011 (the effective date of Public Act 97-8), unless that agreement specifically precludes use of funds for such purpose. (c) The State Superintendent of Education shall, upon receipt of evidence of abuse or neglect of a child, immorality, a condition of health detrimental to the welfare of pupils, incompetency (subject to subsection (b) of this Section), unprofessional conduct, the neglect of any professional duty, or other just cause, further investigate and, if and as appropriate, serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension, revocation, or other sanction; provided that the State Superintendent is under no obligation to initiate such an investigation if the Department of Children and Family Services is investigating the same or substantially similar allegations and its child protective service unit has not made its determination, as required under Section 7.12 of the Abused and Neglected Child Reporting Act. If the State Superintendent of Education does not receive from an individual a request for a hearing within 10 days after the individual receives notice, the suspension, revocation, or other sanction shall immediately take effect in accordance with the notice. If a hearing is requested within 10 days after notice of an opportunity for hearing, it shall act as a stay of proceedings until the State Educator Preparation and Licensure Board issues a decision. Any hearing shall take place in the educational service region where the educator is or was last employed and in accordance with rules adopted by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, and such rules shall include without limitation provisions for discovery and the sharing of information between parties prior to the hearing. The standard of proof for any administrative hearing held pursuant to this Section shall be by the preponderance of the evidence. The decision of the State Educator Preparation and Licensure Board is a final administrative decision and is subject to judicial review by appeal of either party. The State Board of Education may refuse to issue or may suspend the license of any person who fails to file a return or to pay the tax, penalty, or interest shown in a filed return or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied. The exclusive authority of the State Superintendent of Education to initiate suspension or revocation of a license pursuant to this Section does not preclude a regional superintendent of schools from cooperating with the State Superintendent or a State's Attorney with respect to an investigation of alleged misconduct. (d) The State Superintendent of Education or his or her designee may initiate and conduct such investigations as may be reasonably necessary to establish the existence of any alleged misconduct. At any stage of the investigation, the State Superintendent may issue a subpoena requiring the attendance and testimony of a witness, including the license holder, and the production of any evidence, including files, records, correspondence, or documents, relating to any matter in question in the investigation. The subpoena shall require a witness to appear at the State Board of Education at a specified date and time and shall specify any evidence to be produced. The license holder is not entitled to be present, but the State Superintendent shall provide the license holder with a copy of any recorded testimony prior to a hearing under this Section. Such recorded testimony must not be used as evidence at a hearing, unless the license holder has adequate notice of the testimony and the opportunity to cross-examine the witness. Failure of a license holder to comply with a duly issued, investigatory subpoena may be grounds for revocation, suspension, or denial of a license. (e) All correspondence, documentation, and other information so received by the regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board under this Section is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to this Article, (ii) pursuant to a court order, (iii) for disclosure to the license holder or his or her representative, or (iv) as otherwise required in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement. (f) The State Superintendent of Education or a person designated by him or her shall have the power to administer oaths to witnesses at any hearing conducted before the State Educator Preparation and Licensure Board pursuant to this Section. The State Superintendent of Education or a person designated by him or her is authorized to subpoena and bring before the State Educator Preparation and Licensure Board any person in this State and to take testimony either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State. (g) Any circuit court, upon the application of the State Superintendent of Education or the license holder, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers as part of any investigation or at any hearing the State Educator Preparation and Licensure Board is authorized to conduct pursuant to this Section, and the court may compel obedience to its orders by proceedings for contempt. (h) The State Board of Education shall receive an annual line item appropriation to cover fees associated with the investigation and prosecution of alleged educator misconduct and hearings related thereto.
(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22; 102-702, eff. 7-1-23.) |
(105 ILCS 5/21B-80) Sec. 21B-80. Conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license. (a) As used in this Section: "Drug offense" means any one or more of the following offenses: (1) Any offense defined in the Cannabis Control Act, | ||
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(2) Any offense defined in the Illinois Controlled | ||
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(3) Any offense defined in the Methamphetamine | ||
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(4) Any attempt to commit any of the offenses listed | ||
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(5) Any offense committed or attempted in any other | ||
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The changes made by Public Act 96-431 to this definition are declaratory of existing law. "Sentence" includes any period of supervised release or probation that was imposed either alone or in combination with a period of incarceration. "Sex or other offense" means any one or more of the following offenses: (A) Any offense defined in Article 9 of the Criminal | ||
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(B) Any attempt to commit any of the offenses listed | ||
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(C) Any offense committed or attempted in any other | ||
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(b) Whenever the holder of any license issued pursuant to this Article or applicant for a license to be issued pursuant to this Article has been convicted of any drug offense, other than as provided in subsection (c) of this Section, the State Superintendent of Education shall forthwith suspend the license or deny the application, whichever is applicable, until 7 years following the end of the sentence for the criminal offense. If the conviction is reversed and the holder is acquitted of the offense in a new trial or the charges against him or her are dismissed, the State Superintendent of Education shall forthwith terminate the suspension of the license. (b-5) Whenever the holder of a license issued pursuant to this Article or applicant for a license to be issued pursuant to this Article has been charged with attempting to commit, conspiring to commit, soliciting, or committing any sex or other offense, as enumerated under item (A) of subsection (a), first degree murder, or a Class X felony or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses, the State Superintendent of Education shall immediately suspend the license or deny the application until the person's criminal charges are adjudicated through a court of competent jurisdiction. If the person is acquitted, his or her license or application shall be immediately reinstated. (c) Whenever the holder of a license issued pursuant to this Article or applicant for a license to be issued pursuant to this Article has been convicted of attempting to commit, conspiring to commit, soliciting, or committing any sex or other offense, as enumerated under item (A) of subsection (a), first degree murder, or a Class X felony or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses, the State Superintendent of Education shall forthwith suspend the license or deny the application, whichever is applicable. If the conviction is reversed and the holder is acquitted of that offense in a new trial or the charges that he or she committed that offense are dismissed, the State Superintendent of Education shall forthwith terminate the suspension of the license. When the conviction becomes final, the State Superintendent of Education shall forthwith revoke the license.
(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.) |
(105 ILCS 5/21B-85) Sec. 21B-85. Conviction of felony. (a) Whenever the holder of any license issued under this Article is employed by the school board of a school district, including a special charter district or a school district organized under Article 34 of this Code, and is convicted, either after a bench trial, trial by jury, or plea of guilty, of any offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided, the school board shall promptly notify the State Superintendent of Education, in writing, of the name of the license holder, the fact of the conviction, and the name and location of the court in which the conviction occurred. (b) Whenever the school board of a school district, including a special charter district or a school district organized under Article 34 of this Code, learns that any person who is a teacher, as that term is defined in Section 16-106 of the Illinois Pension Code, has been convicted, either after a bench trial, trial by jury, or plea of guilty, of any offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided, the school board shall promptly notify, in writing, the board of trustees of the Teachers' Retirement System of the State of Illinois and the board of trustees of the Public School Teachers' Pension and Retirement Fund of the City of Chicago of the name of the license holder, the fact of the conviction, the name and location of the court in which the conviction occurred, and the number assigned in that court to the case in which the conviction occurred.
(Source: P.A. 102-552, eff. 1-1-22; 103-51, eff. 1-1-24.) |
(105 ILCS 5/21B-90) Sec. 21B-90. Administrative Review Law. In this Section, "administrative decision" has the meaning ascribed to that term in Section 3-101 of the Code of Civil Procedure. The provisions of the Administrative Review Law and the rules adopted pursuant to the Administrative Review Law shall apply to and govern all proceedings instituted for the judicial review of final administrative decisions of the State Board of Education, the State Educator Preparation and Licensure Board, and the regional superintendent of schools under this Article. The commencement of any action for review shall operate as a stay of enforcement, and no action based on any decision of the State Board of Education, the State Educator Preparation and Licensure Board, or the regional superintendent of schools shall be taken pending final disposition of the review.
(Source: P.A. 97-607, eff. 8-26-11.) |
(105 ILCS 5/21B-95) Sec. 21B-95. Denial of recommendation for licensure. Each college or university providing an educator preparation program approved and recognized pursuant to the provisions of this Article shall establish procedures and standards to ensure that no student is denied the opportunity to receive an institutional recommendation for licensure or entitlement for reasons that are not directly related to the candidate's anticipated performance as a licensed educator. These standards and procedures shall include the specific criteria used by the institution for admission, retention, and recommendation or entitlement for licensure; periodic evaluations of the candidate's progress towards an institutional recommendation; counseling and other supportive services to correct any deficiencies that are considered remedial; and provisions to ensure that no person is discriminated against on the basis of race, color, national origin, or a disability unrelated to the person's ability to perform as a licensed educator. Each institution shall also establish a grievance procedure for those candidates who are denied the institutional recommendation or entitlement for licensure. Within 10 days after notification of such a denial, the college or university shall notify the candidate, in writing, of the reasons for the denial of recommendation for licensure. Within 30 days after notification of the denial, the candidate may request the college or university to review the denial.
(Source: P.A. 97-607, eff. 8-26-11.) |
(105 ILCS 5/21B-100) Sec. 21B-100. Licensure officers at higher education institutions. Licensure officers at higher education institutions shall adhere to this Code and any administrative rules adopted to implement this Code when entitling candidates for licensure or when adding endorsements. Violations of this Code or implementing rules regarding the entitlement of candidates by a licensure officer shall place the employing institution's educator preparation program in jeopardy, specifically regarding the institution's right to offer programs and recommend or entitle candidates for licensure. Licensure officers are required to attend training conducted by the State Superintendent of Education and review new legislation and administrative rules as such become available. The State Superintendent of Education shall communicate any policy changes to licensure officers when such changes occur.
(Source: P.A. 97-607, eff. 8-26-11.) |
(105 ILCS 5/21B-105) Sec. 21B-105. Granting of recognition; regional accreditation; definitions. (a) "Recognized", as used in this Article in connection with the word "school" or "institution", means such college, university, or for-profit or not-for-profit entity that meets requirements set by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. Application for recognition of the school or institution as an educator preparation institution must be made to the State Board of Education. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall set the criteria by which the school or institution is to be judged and, through the secretary of the State Board, arrange for an official inspection and shall grant recognition of such school or institution as may meet the required standards. If the standards include requirements with regard to education in acquiring skills in working with culturally distinctive students, as defined by the State Board of Education, then the rules of the State Board of Education shall include the criteria used to evaluate compliance with this requirement. No school or institution may make assignments of student teachers or teachers for practice teaching so as to promote segregation on the basis of race, creed, color, religion, sex, or national origin. Any for-profit or not-for-profit entity must also be approved by the Board of Higher Education. All recommendations or entitlements for educator licensure shall be made by a recognized institution operating a program of preparation for the license that is approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall have the power to define a major or minor when used as a basis for recognition and licensure purposes. (b) "Regionally accredited", or "accredited", as used in this Article in connection with a university or institution, means an institution of higher education accredited by the North Central Association or other comparable regional accrediting association.
(Source: P.A. 100-596, eff. 7-1-18.) |
(105 ILCS 5/21B-110) Sec. 21B-110. Public health emergency declaration. (a) This Section applies only during any time in which the Governor has declared a public health emergency under Section 7 of the Illinois Emergency Management Agency Act. (b) Notwithstanding any other requirements under this Article, the requirements under subsection (f) of Section 21B-30 are waived for an applicant seeking an educator license. (c) Notwithstanding any other requirements under this Article, during the implementation of remote learning days under Section 10-30, a candidate seeking an educator license may: (1) complete his or her required student teaching or | ||
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(2) complete his or her required school business | ||
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(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/21B-115) Sec. 21B-115. Spring 2020 student teaching or internship. Notwithstanding any other requirements under this Article, for the spring 2020 semester only, a candidate's requirement to complete student teaching or its equivalent or a school business management internship is waived.
(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/21B-200)
Sec. 21B-200. (Repealed).
(Source: P.A. 98-860, eff. 1-1-15. Repealed by P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/Art. 22 heading) ARTICLE 22.
GENERAL PROVISIONS--PENALTIES--LIABILITIES
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(105 ILCS 5/22-1) (from Ch. 122, par. 22-1)
Sec. 22-1.
Trustees and similar officers-No pecuniary compensation.
Trustees of schools, school directors or other school officers
performing like duties shall receive no pecuniary compensation.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-2) (from Ch. 122, par. 22-2)
Sec. 22-2.
Cost
of official bonds.
Every school district shall be subject to the provisions of "An Act
relating to the payment of the cost of corporate suretyship and indemnity
upon official bonds", approved June 7, 1897, as amended.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-3) (from Ch. 122, par. 22-3)
Sec. 22-3.
Enforcement of judgments - Service of process - Costs.
If judgment is obtained against any county board of school trustees,
trustees of schools or school board, the party entitled to the benefit
of the judgment may have enforcement thereof as
follows: the court in
which the judgment is entered or to which it may be removed by
transcript from the circuit court shall enter an order commanding the
directors, trustees and school treasurer to cause
the amount thereof with interest and costs to be paid to the party
entitled to the benefit of the judgment, out of any moneys of the
township or district unappropriated, or if there are no such moneys, out
of the first moneys applicable to the payment of the kind of services or
indebtedness for which the judgment is entered which shall be received
for the use of the township or district. The court may enforce
obedience to such order by body attachment or by mandamus,
requiring such
board to levy a tax for the payment of the judgment. All judicial
processes to enforce payment, shall be served either
on the president or the clerk of the board.
No official shall charge any costs in any action in which any school
officer, school corporation or any agent of any school fund, suing for
the recovery thereof, or any interest due thereon, is plaintiff, and is
unsuccessful in the action; nor in case the costs cannot be recovered from
the defendant by reason of his or her insolvency.
(Source: P.A. 83-346.)
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(105 ILCS 5/22-4)
Sec. 22-4. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/22-5) (from Ch. 122, par. 22-5)
Sec. 22-5.
Interest of officers or teachers in books, apparatus or
furniture.
No State, county, township, or district school officer or teacher
shall be interested in the sale, proceeds or profits of any book,
apparatus or furniture used or to be used in any school with which such
officer or teacher may be connected, except when the interest of the
teacher is based upon authorship or development of instructional
materials listed with the State Board of Education in compliance with
the provisions of Article 28 of this Act
and adopted for use by a school board subject to Section 10-20.8 of this
Act. Each teacher having an interest in instructional materials shall
file an annual statement so certifying with the secretary of the board
of the school district which employs him. Any such officer or teacher
who violates the provisions of this Section shall be guilty of a Class A
misdemeanor.
(Source: P.A. 81-1508.)
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(105 ILCS 5/22-6) (from Ch. 122, par. 22-6)
Sec. 22-6.
Conversion of funds by officers.
If any county superintendent, trustee of schools, township treasurer,
director or other person entrusted with the care, control, management or
disposition of any school, college, seminary or township fund for the use
of any county, township, district or school converts such funds, or any
part thereof, to his own use he shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-6.5)
Sec. 22-6.5.
False statement or material omission; Class A misdemeanor.
Any
person who applies for employment as a teacher, principal, superintendent, or
other certificated employee of a school board of any school district, including
a special charter district and a district organized under Article 34 of the
School Code, who willfully makes a false statement on his or her application
for
employment, material to his or her qualifications for employment, which he or
she does not believe to be true, shall be guilty of a Class A misdemeanor.
If a person's employment history or current or prior employers are required
to be furnished on an application for
employment, a person who makes a statement which he or she does not believe
to be true or who knowingly omits or fails to include any employment history or
employer required to be furnished on the application which is material to his
or her qualifications for employment shall be deemed to have made a false
statement on his or her application within the meaning of this Section.
Each application for employment for a certificated position used by a school
district shall state that failure to provide requested employment or employer
history which is material to the applicant's qualifications for employment or
the provision of statements which the applicant does not believe to be true may
be a Class A misdemeanor.
(Source: P.A. 88-102.)
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(105 ILCS 5/22-7) (from Ch. 122, par. 22-7)
Sec. 22-7.
Liability for loss of funds.
County superintendents, trustees of schools, township treasurers and
directors, or either of them, or any other officer having charge of school
funds or property, shall be pecuniarily responsible for all losses
sustained by any county or township fund by reason of any failure on his or
their part to perform the duties required of him or them by this Act or
by any rule authorized to be made by this
Act, and each of such officers shall be liable for any such loss sustained,
the amount of which may be recovered in a civil action brought in the circuit
court, at the suit of the State of Illinois, for the
use of the county, township or fund injured. The amount of the judgment
obtained in such suit shall, when collected, be paid to the proper officer
for the benefit of the county, township or fund injured.
(Source: P.A. 79-1366.)
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(105 ILCS 5/22-8) (from Ch. 122, par. 22-8)
Sec. 22-8.
Failure of officers to discharge duties.
If any county superintendent, trustee, director, or other officer
negligently or wilfully fails or refuses to make, furnish or communicate
statistics and information, or fails to discharge any other duties enjoined
upon him, at the time and in the manner required by this Act, he shall be
guilty of a petty offense and shall be liable to a fine of not less than
$25, to be recovered before any circuit court at the suit of any person on
complaint in the name of the People of the State of Illinois, and when
collected the fine shall be paid to the county superintendent of schools.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-9)
Sec. 22-9. (Repealed).
(Source: P.A. 77-2267. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/22-10) (from Ch. 122, par. 22-10)
Sec. 22-10.
Payments and grants in aid of church or sectarian purpose.
No county, city, town, township, school district or other public
corporation shall make any appropriation, or pay from any school fund
anything in aid of any church or sectarian purpose or to support or sustain
any school, academy, seminary, college, university or other literary or
scientific institution controlled by any church or sectarian denomination;
nor shall any grant or donation of money or other personal property be made
by any such corporation to any church or for any sectarian purpose. Any
officer or other person having under his charge or direction school funds
or property who perverts the same in the manner forbidden in this section
shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-11) (from Ch. 122, par. 22-11)
Sec. 22-11.
Exclusion of children on account of color.
Any school officer or other person who excludes or aids in excluding
from the public schools, on account of color, any child who is entitled to
the benefits of such school shall be guilty of a petty offense and shall be
fined not less than $5 nor more than $100.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-12) (from Ch. 122, par. 22-12)
Sec. 22-12.
Preventing or interfering with a child's attendance at school.
Whoever by threat, menace, or intimidation prevents any child
entitled to attend a public or nonpublic school in this State from
attending such
school or interferes with any such child's attendance at that school shall
be guilty of a Class A misdemeanor.
(Source: P.A. 92-96, eff. 1-1-02.)
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(105 ILCS 5/22-13) (from Ch. 122, par. 22-13)
Sec. 22-13.
Use
of Illinois mined coal.
School boards shall comply with the provisions of "An Act concerning the
use of Illinois mined coal in certain plants and institutions", filed July
13, 1937, as amended.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-14) (from Ch. 122, par. 22-14)
Sec. 22-14.
Scholastic records of discontinued districts.
If any school district is discontinued under this Act and is not made a
distinct part of another school district that makes arrangements to safely
keep all scholastic records of the former pupils of the discontinued
district, the last governing authorities of the discontinued district shall
turn over all scholastic records of its former pupils to the county
superintendent of schools of the county in which the school building of the
district is located; and such county superintendent of schools shall take
possession of and arrange for the safekeeping of such records for the
purpose of reference by said former pupils.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-15) (from Ch. 122, par. 22-15)
Sec. 22-15. Insurance on athletes.
(a) In this Section, "IHSA" means the Illinois High School Association. (b) A public school district maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with aggregate benefit limits of $3 million or 5 years, whichever occurs first, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event held away from the student's school) that results in medical expenses in excess of $50,000. These benefit limits are to be in excess of any and all other insurance, coverage or benefit, in whatever form or designation.
Any public school that requires students participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event
held away from the student's school) to be covered under an individual or group policy of accident and health insurance is exempt from the requirements of this Section. Non-public schools maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with aggregate benefit limits of $3 million or 5 years, whichever occurs first, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic tournaments sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic tournament as well as during a temporary stay at the location of an athletic tournament held away from the student's school) that results in medical expenses in excess of $50,000. These benefit limits are to be in excess of any and all other insurance, coverage or benefit, in whatever form or designation. Any non-public school that requires students participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event
held away from the student's school) to be covered under an individual or group policy of accident and health insurance is exempt from the requirements of this Section. (c) The IHSA has the exclusive authority to promulgate a plan of coverage necessary to ensure compliance with this Section. The IHSA shall provide a group policy providing the coverage necessary to comply with this Section. Public school districts and non-public schools may purchase the coverage necessary to comply with this Section by participating in the group policy. Alternatively, public school districts or non-public schools that do not participate in the group policy may obtain the coverage necessary to comply with this Section from other coverage providers, but must submit to the IHSA, 60 days before the coverage inception, a certificate of insurance from the coverage provider stating that the insurance provided by the coverage provider is in compliance with the plan of coverage approved by the IHSA. A public school district that manages schools located within a city of over 500,000 inhabitants may provide the catastrophic accident insurance coverage required by this Section through a program of self-insurance, and the public school district must submit to the IHSA, 60 days before coverage inception, proof that the program is in compliance with the plan of coverage. (d) A public school district maintaining grades kindergarten through 8 may provide
medical or hospital service, or both, through accident and health insurance
on a group or individual basis, or through non-profit hospital service
corporations or medical service plan corporations or both, for pupils of
the district in grades kindergarten through 8 injured while participating in any athletic activity under the
jurisdiction of or sponsored or controlled by the district or the
authorities of any school thereof. The cost of such insurance or of
subscriptions to such non-profit corporations, when paid from the funds of
the district, shall, to the extent such moneys are sufficient, be paid from
moneys derived from athletic activities. To the extent that moneys derived
from athletic activities are insufficient, such cost may be paid from the
educational fund of the district. Such insurance may be purchased from or such subscriptions may be taken
in only such companies or corporations as are authorized to do business in
Illinois.
(Source: P.A. 98-166, eff. 8-5-13.)
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(105 ILCS 5/22-16) (from Ch. 122, par. 22-16)
Sec. 22-16.
Acquisition of land outside school district.
Whenever, in the opinion of the corporate authority of any school
district, a lot or parcel of land situated not more than 2 miles outside
of said school district or in the case of a building project under
authority of Section 10-22.31b of this Act, within the boundaries of
the joint agreement area or within 2 miles of the boundaries of any school
district which is a party to the joint agreement, may be required for such
school purposes,
title to such lot or parcel of land may be acquired by such school
district by purchase or in the manner provided by law for the exercise
of the right of eminent domain.
(Source: P.A. 80-270.)
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(105 ILCS 5/22-17) (from Ch. 122, par. 22-17)
Sec. 22-17.
Leasing property from building commission.
In addition to other powers and authority now possessed by it, the
corporate authority of any school district, including any special charter
district, shall have power:
(1) To lease from any public building commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955,
and as amended from time to time, any real or personal property for the
purpose of securing office or other space for its administrative or
educational functions for a period of time not exceeding 40 years;
(2) To pay for the use of this leased property in accordance with the
terms of the lease; and
(3) To enter into such lease without making a previous appropriation or
provision in the budget for the expense thereby incurred.
(Source: P.A. 77-1351.)
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(105 ILCS 5/22-18) (from Ch. 122, par. 22-18)
Sec. 22-18.
Apportionment of assets in district without property.
Whenever there is no property within a school district subject to
taxation for ordinary operating purposes, the county clerk shall so notify
the trustees of the township or townships or county board of school
trustees wherein the school district is located who shall apportion the
assets of such district among the remaining school districts of such
township or townships in proportion to the last preceding apportionment
from the common school fund to such townships and shall notify the school
treasurer to note such apportionment in the proper account of each
district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-19) (from Ch. 122, par. 22-19)
Sec. 22-19.
Upon the filing of a complaint with the State Board of Education,
executed in duplicate and subscribed with the names
and addresses of at least 50 residents of a school district or 10% of
the residents, whichever is less, alleging that any pupil
has been excluded from or segregated in any school on account of his or
her color, race, nationality, sex, religion or religious affiliation, or that
any employee of
or applicant for employment or assignment with any such school district
has been questioned concerning his or her color, race, nationality, sex,
religion or religious affiliation or subjected to discrimination by reason thereof,
by or on behalf of the school board of such district, the State Board of
Education shall promptly mail a copy of such complaint to
the secretary or clerk of such school board.
The State Board of Education
shall fix a date, not less than 20 nor more than 30 days from the date of
the filing of such complaint, for a hearing upon the allegations therein.
The State Board of Education may also fix a date for a hearing whenever
it has reason to believe that such discrimination may exist in any school
district. Reasonable notice of the time and place of such hearing shall
be mailed to the secretary or
clerk of the school board and to the first signatory
to such complaint.
The State Board of Education may designate an assistant to conduct such
hearing and receive testimony concerning the situation complained of. The
complainants may be represented at such hearing by one of their number or
by counsel. Each party shall have the privilege of cross examining witnesses.
The State Board of Education or the hearing officer appointed by it shall
have the power to subpoena witnesses, compel their attendance, and require
the production of
evidence relating to any relevant matter under this Act. Any circuit
court of this State, upon the application of the
State Board of Education or the hearing officer appointed by
it, may, in its or his or her discretion, compel the attendance of witnesses,
the production of books, papers, records or memoranda and the giving of
testimony before the State Board of Education or the hearing
officer appointed by it conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court. The State Board of Education or the
hearing officer appointed by it may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records or memoranda. All testimony shall be taken under oath
administered by the hearing officer, but the formal rules pertaining to
evidence in judicial proceedings shall not apply. The State Board of Education
shall provide a competent reporter to record
all testimony. Either party desiring a transcript of the hearing shall
pay for the cost of such transcript. A continuance may be granted
provided both parties agree. The hearing officer shall report a summary
of the testimony within 60 days after the hearing commences, unless a
continuance is granted, to the State Board of Education who
shall determine whether the allegations of the complaint are
substantially correct. If a continuance is granted, the summary of
testimony shall be reported to the State Board of Education
within 60 days after the hearing recommences. The State Board of Education
shall notify both parties of its decision within 30
days after it receives a summary of the testimony from the hearing
officer. If the State Board of Education determines that a violation exists,
it shall request the Attorney General to apply to the appropriate circuit
court for such injunctive or other relief as may be necessary to rectify the practice
complained of.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted
pursuant thereto shall apply to and govern all proceedings for the
judicial review of any final decision rendered by the State Board of Education
pursuant to this Section.
(Source: P.A. 84-126.)
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(105 ILCS 5/22-20) (from Ch. 122, par. 22-20)
Sec. 22-20.
All courts and law enforcement agencies of the State of
Illinois and its political subdivisions shall report to the principal of
any public school in this State whenever a child enrolled therein is
detained for proceedings under the Juvenile Court Act of 1987, as heretofore
and hereafter amended, or for any criminal offense, including illegal gang activity, or any violation of a
municipal or county ordinance. The report shall include the basis for
detaining the child, circumstances surrounding the events which led to the
child's detention, and status of proceedings. The report shall be updated as
appropriate to notify the principal of developments and the disposition of the
matter.
The information derived thereby shall be kept separate from and shall
not become a part of the official school record of such child and shall not
be a public record. Such information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation
of the child and to protect the safety of students and employees in the
school.
(Source: P.A. 97-1104, eff. 1-1-13; 98-59, eff. 1-1-14.)
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(105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
Sec. 22-21.
Elections-Use of school buildings.
(a) Every school board shall offer to the appropriate officer or board
having responsibility for providing polling places for elections the use of
any and all buildings under its jurisdiction for any and all elections to
be held, if so requested by such appropriate officer or board.
(b) Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building that is a public or private
school
and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private school building with 2 or more
floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private school building with 2 or more floors and the polling room is located
on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection.
Notwithstanding any other provision of this Code, the area on polling place
property beyond the campaign free zone,
whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are open on an election day.
(Source: P.A. 93-574, eff. 8-21-03.)
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(105 ILCS 5/22-22) (from Ch. 122, par. 22-22)
Sec. 22-22.
Secondary Education.
The term "secondary education"
means the curriculum offered by a school district or an attendance center
or centers serving grades 9 through 12 or grades 10 through 12.
(Source: P.A. 84-814.)
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(105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
Sec. 22-23.
Sprinkler systems.
(a) The provisions of this Section apply to the school board, board of
education, board of school directors, board of school inspectors or other
governing body of each school district in this State, including special
charter districts and districts organized under Article 34.
(b) As used in this Section, the term "school construction" means (1)
the construction of a new school building, or addition to an existing
building, within any period of 30 months, having 7,200 or more square feet, and (2) any alteration, as defined in 71 Illinois
Administrative Code, Section 400.210, within any period of 30 months,
affecting one or more areas of a school building
which cumulatively are equal to 50% or more of the square footage of the
school building.
(c) New areas or uses of buildings not required to be sprinklered under
this Section shall be protected with the installation of an automatic fire
detection system.
(d) Notwithstanding any other provisions of this Act, no school
construction shall be commenced in any school district on or after the
effective date of this amendatory Act of 1991 unless sprinkler systems are
required by, and are installed in accordance with
approved plans and specifications in the school building, addition or
project areas which constitute school construction as defined in subsection
(b). Plans and specifications shall comply with rules and regulations
established by the State Board of Education, and such rules and regulations
shall be consistent so far as practicable with nationally recognized
standards such as those established by the National Fire Protection
Association.
(Source: P.A. 90-566, eff. 1-2-98.)
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(105 ILCS 5/22-24) (from Ch. 122, par. 22-24)
Sec. 22-24.
IHSA Liaison.
To facilitate communication and coordination
between the General Assembly and the Illinois High School Association on
matters relative to the continuing development of interscholastic athletic
and activity participation among secondary school students in Illinois, the
Governor shall appoint, from the membership of the General Assembly,
liaison representatives to meet with the Board of Directors of the Illinois
High School Association at regular meetings of that Board. The Governor
shall appoint one member from each chamber of the General Assembly to serve
as a liaison representative and one member from each chamber to serve as the
liaison representative's alternate. The 2 liaison representatives shall not
be members of the same political party, nor shall a liaison representative's
alternate be a member of the same political party as the liaison
representative for whom he or she is an alternate. The terms of the liaison
representatives and alternate liaison representatives
appointed by the Governor shall be 2 years, commencing on the second
Wednesday of January in odd numbered years, except that the terms of the
liaison representatives and alternate liaison representatives initially
appointed by the Governor under this Section shall commence on the date of
their appointment and expire on the second Wednesday of January, 1993.
Vacancies shall be filled by appointment of the Governor for the unexpired
term, and the person appointed to fill a vacancy shall be a member of the
same chamber of the General Assembly and the same political party as his or
her predecessor in office. The liaison representatives, or their
alternates who meet with the Board of Directors of the Illinois High School
Association at any meetings of that Board which the liaison representatives
are unable to attend, shall communicate to the members of the General
Assembly information of importance to the cooperative relationship between
the Illinois High School Association and the General Assembly. It shall be
the responsibility of the Illinois High School Association to timely supply
to both liaison representatives and both alternates all agenda materials
and information that are customarily supplied by that Association to
the members of its Board of Directors for use in connection with the
meetings of that Board.
(Source: P.A. 87-239; 87-895.)
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(105 ILCS 5/22-25)
Sec. 22-25.
High School Quality Guarantees.
The school board of any
district that maintains grades 9-12, including special charter districts and
any district organized under Article 34, may enter into agreements that
guarantee the academic skills and performance of graduates of their high
schools in the workforce or in higher education. Any quality guarantee
agreements established shall be subject to such qualifications and restrictions
as the school board may determine.
(Source: P.A. 89-610, eff. 8-6-96.)
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(105 ILCS 5/22-26)
Sec. 22-26. (Repealed).
(Source: P.A. 91-491, eff. 8-13-99. Repealed internally, eff. 1-2-00; repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/22-27)
Sec. 22-27. World War II, Korean Conflict, and Vietnam Conflict veterans; service member killed in action; diplomas.
(a) Upon request, the school board of any district that maintains
grades 10 through 12 may award a diploma to any honorably discharged veteran
who:
(1) served in the armed forces of the United States | ||
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(2) resided within an area currently within the | ||
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(3) left high school before graduating in order to | ||
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(4) has not received a high school diploma.
(a-5) Upon request, the school board of a school district that maintains grades 10 through 12 may posthumously award a diploma to any service member who was killed in action while performing active military duty with the armed forces of the United States if all of the following criteria have been met: (1) He or she resided in an area currently within the | ||
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(2) He or she left high school before graduating to | ||
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(3) He or she did not receive a high school diploma. (b) The State Board of Education and the Department of Veterans' Affairs
may issue rules consistent with the provisions of this Section that are
necessary to implement this Section.
(Source: P.A. 101-131, eff. 7-26-19.)
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(105 ILCS 5/22-30) (Text of Section from P.A. 103-175) Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol. (a) For the purpose of this Section only, the following terms shall have the meanings set forth below: "Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode. "Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty. "Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. "Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask. "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration. "Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe". "School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing. "Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector. "Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector. "Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority. "Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress. "Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school. "Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school. (b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that: (1) the parents or guardians of the pupil provide to | ||
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(2) the parents or guardians of the pupil provide to | ||
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(A) the name and purpose of the epinephrine | ||
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(B) the prescribed dosage; and (C) the time or times at which or the special | ||
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The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, allergy emergency action plan, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file. (b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, allergy emergency action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, allergy emergency action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress. (c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section. (e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. (e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity. (e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity. (e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity. (f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose. A health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act may prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions. (f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors. (f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. (f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use. Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use. Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use. (g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel. Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. Training must be completed annually. Trained personnel must also submit to the school's administration proof of cardiopulmonary resuscitation and automated external defibrillator certification. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. (h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person. Training shall include, but is not limited to: (1) how to recognize signs and symptoms of an | ||
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(2) how to administer an epinephrine injector; and (3) a test demonstrating competency of the knowledge | ||
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Training may also include, but is not limited to: (A) a review of high-risk areas within a school and | ||
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(B) steps to take to prevent exposure to allergens; (C) emergency follow-up procedures, including the | ||
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(D) how to respond to a student with a known allergy, | ||
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(E) other criteria as determined in rules adopted | ||
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(F) any policy developed by the State Board of | ||
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In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website. (h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to: (1) how to recognize symptoms of an opioid overdose; (2) information on drug overdose prevention and | ||
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(3) how to perform rescue breathing and resuscitation; (4) how to respond to an emergency involving an | ||
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(5) opioid antagonist dosage and administration; (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(7) care for the overdose victim after administration | ||
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(8) a test demonstrating competency of the knowledge | ||
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(9) other criteria as determined in rules adopted | ||
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(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to: (1) how to recognize symptoms of respiratory distress | ||
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(2) how to respond to an emergency involving | ||
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(3) asthma medication dosage and administration; (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(5) a test demonstrating competency of the knowledge | ||
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(6) other criteria as determined in rules adopted | ||
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(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information: (1) age and type of person receiving epinephrine | ||
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(2) any previously known diagnosis of a severe | ||
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(3) trigger that precipitated allergic episode; (4) location where symptoms developed; (5) number of doses administered; (6) type of person administering epinephrine (school | ||
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(7) any other information required by the State Board. If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply. (i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information: (1) the age and type of person receiving the opioid | ||
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(2) the location where symptoms developed; (3) the type of person administering the opioid | ||
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(4) any other information required by the State | ||
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(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information: (1) the age and type of person receiving the asthma | ||
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(2) any previously known diagnosis of asthma for the | ||
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(3) the trigger that precipitated respiratory | ||
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(4) the location of where the symptoms developed; (5) the number of doses administered; (6) the type of person administering the asthma | ||
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(7) the outcome of the asthma medication | ||
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(8) any other information required by the State | ||
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(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan. (j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol. (j-15) Every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. In consultation with statewide professional organizations with expertise in asthma management, the State Board of Education shall make available resource materials for educating school personnel about asthma and emergency response in the school setting. (j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (k) The State Board of Education may adopt rules necessary to implement this Section. (l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-175, eff. 6-30-23.) (Text of Section from P.A. 103-196) Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol. (a) For the purpose of this Section only, the following terms shall have the meanings set forth below: "Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode. "Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty. "Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. "Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask. "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration. "Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe". "School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing. "Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector. "Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector. "Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority. "Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress. "Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school. "Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school. (b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that: (1) the parents or guardians of the pupil provide to | ||
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(2) the parents or guardians of the pupil provide to | ||
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(A) the name and purpose of the epinephrine | ||
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(B) the prescribed dosage; and (C) the time or times at which or the special | ||
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The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file. (b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress. (c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section. (e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. (e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity. (e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity. (e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity. (f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose. A health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act may prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions. A school district that provides special educational facilities for children with disabilities under Section 14-4.01 of this Code may maintain a supply of undesignated oxygen tanks in any secure location that is accessible before, during, and after school where a person with developmental disabilities is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated oxygen tanks in the name of the school district that provides special educational facilities for children with disabilities under Section 14-4.01 of this Code to be maintained for use when necessary. Any supply of oxygen tanks shall be maintained in accordance with the manufacturer's instructions and with the local fire department's rules. (f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors. (f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. (f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use. Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use. Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use. (g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel. Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. Training must be completed annually. Trained personnel must also submit to the school's administration proof of cardiopulmonary resuscitation and automated external defibrillator certification. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. (h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person. Training shall include, but is not limited to: (1) how to recognize signs and symptoms of an | ||
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(2) how to administer an epinephrine injector; and (3) a test demonstrating competency of the knowledge | ||
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Training may also include, but is not limited to: (A) a review of high-risk areas within a school and | ||
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(B) steps to take to prevent exposure to allergens; (C) emergency follow-up procedures, including the | ||
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(D) how to respond to a student with a known allergy, | ||
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(E) other criteria as determined in rules adopted | ||
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(F) any policy developed by the State Board of | ||
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In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website. (h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to: (1) how to recognize symptoms of an opioid overdose; (2) information on drug overdose prevention and | ||
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(3) how to perform rescue breathing and resuscitation; (4) how to respond to an emergency involving an | ||
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(5) opioid antagonist dosage and administration; (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(7) care for the overdose victim after administration | ||
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(8) a test demonstrating competency of the knowledge | ||
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(9) other criteria as determined in rules adopted | ||
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(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to: (1) how to recognize symptoms of respiratory distress | ||
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(2) how to respond to an emergency involving | ||
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(3) asthma medication dosage and administration; (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(5) a test demonstrating competency of the knowledge | ||
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(6) other criteria as determined in rules adopted | ||
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(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information: (1) age and type of person receiving epinephrine | ||
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(2) any previously known diagnosis of a severe | ||
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(3) trigger that precipitated allergic episode; (4) location where symptoms developed; (5) number of doses administered; (6) type of person administering epinephrine (school | ||
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(7) any other information required by the State Board. If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply. (i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information: (1) the age and type of person receiving the opioid | ||
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(2) the location where symptoms developed; (3) the type of person administering the opioid | ||
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(4) any other information required by the State | ||
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(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information: (1) the age and type of person receiving the asthma | ||
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(2) any previously known diagnosis of asthma for the | ||
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(3) the trigger that precipitated respiratory | ||
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(4) the location of where the symptoms developed; (5) the number of doses administered; (6) the type of person administering the asthma | ||
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(7) the outcome of the asthma medication | ||
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(8) any other information required by the State | ||
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(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan. (j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol. (j-15) Every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. In consultation with statewide professional organizations with expertise in asthma management, the State Board of Education shall make available resource materials for educating school personnel about asthma and emergency response in the school setting. (j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (k) The State Board of Education may adopt rules necessary to implement this Section. (l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-196, eff. 1-1-24.) (Text of Section from P.A. 103-348) Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol. (a) For the purpose of this Section only, the following terms shall have the meanings set forth below: "Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode. "Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty. "Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. "Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask. "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration. "Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe". "School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing. "Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector. "Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector. "Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority. "Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress. "Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school. "Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school. (b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that: (1) the parents or guardians of the pupil provide to | ||
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(2) the parents or guardians of the pupil provide to | ||
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(A) the name and purpose of the epinephrine | ||
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(B) the prescribed dosage; and (C) the time or times at which or the special | ||
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The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file. (b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress. (c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section. (e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. (e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity. (e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity. (e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity. (f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school shall maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose, unless there is a shortage of opioid antagonists, in which case the school district, public school, charter school, or nonpublic school shall make a reasonable effort to maintain a supply of an opioid antagonist. Unless the school district, public school, charter school, or nonpublic school is able to obtain opioid antagonists without a prescription, a health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act shall prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions. (f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors. (f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. (f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use. Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use. Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use. (g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel. Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. (h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person. Training shall include, but is not limited to: (1) how to recognize signs and symptoms of an | ||
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(2) how to administer an epinephrine injector; and (3) a test demonstrating competency of the knowledge | ||
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Training may also include, but is not limited to: (A) a review of high-risk areas within a school and | ||
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(B) steps to take to prevent exposure to allergens; (C) emergency follow-up procedures, including the | ||
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(D) how to respond to a student with a known allergy, | ||
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(E) other criteria as determined in rules adopted | ||
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(F) any policy developed by the State Board of | ||
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In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website. (h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to: (1) how to recognize symptoms of an opioid overdose; (2) information on drug overdose prevention and | ||
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(3) how to perform rescue breathing and resuscitation; (4) how to respond to an emergency involving an | ||
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(5) opioid antagonist dosage and administration; (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(7) care for the overdose victim after administration | ||
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(8) a test demonstrating competency of the knowledge | ||
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(9) other criteria as determined in rules adopted | ||
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(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to: (1) how to recognize symptoms of respiratory distress | ||
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(2) how to respond to an emergency involving | ||
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(3) asthma medication dosage and administration; (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(5) a test demonstrating competency of the knowledge | ||
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(6) other criteria as determined in rules adopted | ||
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(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information: (1) age and type of person receiving epinephrine | ||
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(2) any previously known diagnosis of a severe | ||
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(3) trigger that precipitated allergic episode; (4) location where symptoms developed; (5) number of doses administered; (6) type of person administering epinephrine (school | ||
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(7) any other information required by the State Board. If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply. (i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information: (1) the age and type of person receiving the opioid | ||
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(2) the location where symptoms developed; (3) the type of person administering the opioid | ||
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(4) any other information required by the State | ||
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(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information: (1) the age and type of person receiving the asthma | ||
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(2) any previously known diagnosis of asthma for the | ||
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(3) the trigger that precipitated respiratory | ||
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(4) the location of where the symptoms developed; (5) the number of doses administered; (6) the type of person administering the asthma | ||
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(7) the outcome of the asthma medication | ||
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(8) any other information required by the State | ||
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(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan. (j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol. (j-15) Every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. In consultation with statewide professional organizations with expertise in asthma management, the State Board of Education shall make available resource materials for educating school personnel about asthma and emergency response in the school setting. (j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (k) The State Board of Education may adopt rules necessary to implement this Section. (l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-348, eff. 1-1-24.) (Text of Section from P.A. 103-542) (This Section may contain text from a Public Act with a delayed effective date) Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol. (a) For the purpose of this Section only, the following terms shall have the meanings set forth below: "Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode. "Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty. "Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. "Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask. "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration. "Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe". "School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing. "Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector. "Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector. "Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority. "Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress. "Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school. "Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school. (b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that: (1) the parents or guardians of the pupil provide to | ||
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(2) the parents or guardians of the pupil provide to | ||
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(A) the name and purpose of the epinephrine | ||
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(B) the prescribed dosage; and (C) the time or times at which or the special | ||
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The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file. (b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress. (c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section. (e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. (e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity. (e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity. (e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity. (f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose. A health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act may prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions. (f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors. (f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. (f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use. Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use. Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use. (g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel. Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. (h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person. Training shall include, but is not limited to: (1) how to recognize signs and symptoms of an | ||
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(2) how to administer an epinephrine injector; and (3) a test demonstrating competency of the knowledge | ||
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Training may also include, but is not limited to: (A) a review of high-risk areas within a school and | ||
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(B) steps to take to prevent exposure to allergens; (C) emergency follow-up procedures, including the | ||
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(D) how to respond to a student with a known allergy, | ||
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(E) other criteria as determined in rules adopted | ||
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(F) any policy developed by the State Board of | ||
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In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website. (h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to: (1) how to recognize symptoms of an opioid overdose; (2) information on drug overdose prevention and | ||
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(3) how to perform rescue breathing and resuscitation; (4) how to respond to an emergency involving an | ||
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(5) opioid antagonist dosage and administration; (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(7) care for the overdose victim after administration | ||
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(8) a test demonstrating competency of the knowledge | ||
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(9) other criteria as determined in rules adopted | ||
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(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to: (1) how to recognize symptoms of respiratory distress | ||
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(2) how to respond to an emergency involving | ||
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(3) asthma medication dosage and administration; (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(5) a test demonstrating competency of the knowledge | ||
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(6) other criteria as determined in rules adopted | ||
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(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information: (1) age and type of person receiving epinephrine | ||
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(2) any previously known diagnosis of a severe | ||
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(3) trigger that precipitated allergic episode; (4) location where symptoms developed; (5) number of doses administered; (6) type of person administering epinephrine (school | ||
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(7) any other information required by the State Board. If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply. (i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information: (1) the age and type of person receiving the opioid | ||
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(2) the location where symptoms developed; (3) the type of person administering the opioid | ||
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(4) any other information required by the State | ||
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(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information: (1) the age and type of person receiving the asthma | ||
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(2) any previously known diagnosis of asthma for the | ||
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(3) the trigger that precipitated respiratory | ||
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(4) the location of where the symptoms developed; (5) the number of doses administered; (6) the type of person administering the asthma | ||
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(7) the outcome of the asthma medication | ||
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(8) any other information required by the State | ||
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(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan. (j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol. (j-15) (Blank). (j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (k) The State Board of Education may adopt rules necessary to implement this Section. (l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
(105 ILCS 5/22-33) Sec. 22-33. Medical cannabis. (a) This Section may be referred to as Ashley's Law. (a-5) In this Section: "Designated caregiver", "medical cannabis infused product", "qualifying patient", and "registered" have the meanings given to those terms under Section 10 of the Compassionate Use of Medical Cannabis Program Act. "Self-administration" means a student's discretionary use of his or her medical cannabis infused product. (b) Subject to the restrictions under subsections (c) through (g) of this Section, a school district, public school, charter school, or nonpublic school shall authorize a parent or guardian or any other individual registered with the Department of Public Health as a designated caregiver of a student who is a registered qualifying patient to administer a medical cannabis infused product to the student on the premises of the child's school or on the child's school bus if both the student (as a registered qualifying patient) and the parent or guardian or other individual (as a registered designated caregiver) have been issued registry identification cards under the Compassionate Use of Medical Cannabis Program Act. After administering the product, the parent or guardian or other individual shall remove the product from the school premises or the school bus. (b-5) Notwithstanding subsection (b) and subject to the restrictions under subsections (c) through (g), a school district, public school, charter school, or nonpublic school must allow a school nurse or school administrator to administer a medical cannabis infused product to a student who is a registered qualifying patient (i) while on school premises, (ii) while at a school-sponsored activity, or (iii) before or after normal school activities, including while the student is in before-school or after-school care on school-operated property or while the student is being transported on a school bus. A school district, public school, charter school, or nonpublic school may authorize the self-administration of a medical cannabis infused product by a student who is a registered qualifying patient if the self-administration takes place under the direct supervision of a school nurse or school administrator. Before allowing the administration of a medical cannabis infused product by a school nurse or school administrator or a student's self-administration of a medical cannabis infused product under the supervision of a school nurse or school administrator under this subsection, the parent or guardian of a student who is the registered qualifying patient must provide written authorization for its use, along with a copy of the registry identification card of the student (as a registered qualifying patient) and the parent or guardian (as a registered designated caregiver). The written authorization must specify the times at which or the special circumstances under which the medical cannabis infused product must be administered. The written authorization and a copy of the registry identification cards must be kept on file in the office of the school nurse. The authorization for a student to self-administer medical cannabis infused products is effective for the school year in which it is granted and must be renewed each subsequent school year upon fulfillment of the requirements of this Section. (b-10) Medical cannabis infused products that are to be administered under subsection (b-5) must be stored with the school nurse at all times in a manner consistent with storage of other student medication at the school and may be accessible only by the school nurse or a school administrator. (c) A parent or guardian or other individual may not administer a medical cannabis infused product under this Section in a manner that, in the opinion of the school district or school, would create a disruption to the school's educational environment or would cause exposure of the product to other students. (d) A school district or school may not discipline a student who is administered a medical cannabis infused product by a parent or guardian or other individual under this Section or who self-administers a medical cannabis infused product under the supervision of a school nurse or school administrator under this Section and may not deny the student's eligibility to attend school solely because the student requires the administration of the product. (e) Nothing in this Section requires a member of a school's staff to administer a medical cannabis infused product to a student. (f) A school district, public school, charter school, or nonpublic school may not authorize the use of a medical cannabis infused product under this Section if the school district or school would lose federal funding as a result of the authorization. (f-5) The State Board of Education, in consultation with the Department of Public Health, must develop a training curriculum for school nurses and school administrators on the administration of medical cannabis infused products. Prior to the administration of a medical cannabis infused product under subsection (b-5), a school nurse or school administrator must annually complete the training curriculum developed under this subsection and must submit to the school's administration proof of its completion. A school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and of the school nurses or school administrators who have completed the training. (g) A school district, public school, charter school, or nonpublic school shall adopt a policy to implement
this Section.
(Source: P.A. 101-363, eff. 8-9-19; 101-370, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-35)
Sec. 22-35. Sharing information on school lunch applicants;
consent. Before an entity shares with the Department of Healthcare and Family Services
information on an applicant for free or reduced-price lunches under
Section 2-3.131, 3-14.29, 10-28, or 34-18.26 of this Code or Section 10 of the
School
Breakfast and Lunch Program Act, that entity must obtain, in writing,
the consent of the applicant's parent or legal guardian.
The Department of Healthcare and Family Services may not seek any punitive action against
or withhold any benefit or subsidy from an applicant for a free or
reduced-price lunch due to the applicant's parent or legal guardian withholding
consent.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/22-40) Sec. 22-40. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(105 ILCS 5/22-45) Sec. 22-45. Illinois P-20 Council. (a) The General Assembly finds that preparing Illinoisans for success in school and the workplace requires a continuum of quality education from preschool through graduate school. This State needs a framework to guide education policy and integrate education at every level. A statewide coordinating council to study and make recommendations concerning education at all levels can avoid fragmentation of policies, promote improved teaching and learning, and continue to cultivate and demonstrate strong accountability and efficiency. Establishing an Illinois P-20 Council will develop a statewide agenda that will move the State towards the common goals of improving academic achievement, increasing college access and success, improving use of existing data and measurements, developing improved accountability, fostering innovative approaches to education, promoting lifelong learning, easing the transition to college, and reducing remediation. A pre-kindergarten through grade 20 agenda will strengthen this State's economic competitiveness by producing a highly-skilled workforce. In addition, lifelong learning plans will enhance this State's ability to leverage funding. (b) There is created the Illinois P-20 Council. The Illinois P-20 Council shall include all of the following members: (1) The Governor or his or her designee, to serve as | ||
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(2) Four members of the General Assembly, one | ||
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(3) Six at-large members appointed by the Governor as | ||
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(A) one representative of civic leaders; (B) one representative of local government; (C) one representative of trade unions; (D) one representative of nonprofit organizations | ||
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(E) one representative of parents' organizations; | ||
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(F) one education research expert. (4) Five members appointed by statewide business | ||
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(5) Six members appointed by statewide professional | ||
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(6) Two members appointed by associations | ||
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(7) One member representing community colleges, | ||
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(8) One member representing 4-year independent | ||
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(9) One member representing public 4-year | ||
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(10) Ex-officio members as follows: (A) The State Superintendent of Education or his | ||
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(B) The Executive Director of the Board of Higher | ||
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(C) The Executive Director of the Illinois | ||
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(D) The Executive Director of the Illinois | ||
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(E) The Co-chairpersons of the Illinois | ||
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(F) The Director of Commerce and Economic | ||
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(G) The Chairperson of the Illinois Early | ||
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(H) The President of the Illinois Mathematics and | ||
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(I) The president of an association representing | ||
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Ex-officio members shall have no vote on the Illinois P-20 Council. Appointed members shall serve for staggered terms expiring on July 1 of the first, second, or third calendar year following their appointments or until their successors are appointed and have qualified. Staggered terms shall be determined by lot at the organizing meeting of the Illinois P-20 Council. Vacancies shall be filled in the same manner as original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred. (c) The Illinois P-20 Council shall be funded through State appropriations to support staff activities, research, data-collection, and dissemination. The Illinois P-20 Council shall be staffed by the Office of the Governor, in coordination with relevant State agencies, boards, and commissions. The Illinois Education Research Council shall provide research and coordinate research collection activities for the Illinois P-20 Council. (d) The Illinois P-20 Council shall have all of the following duties: (1) To make recommendations to do all of the | ||
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(A) Coordinate pre-kindergarten through grade 20 | ||
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(B) Coordinate and leverage strategies, actions, | ||
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(C) Better align the high school curriculum with | ||
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(D) Better align assessments across all levels of | ||
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(E) Reduce the need for students entering | ||
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(F) Smooth the transition from high school to | ||
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(G) Improve high school and college graduation | ||
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(H) Improve the rigor and relevance of academic | ||
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(I) Better align college and university teaching | ||
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(2) To advise the Governor, the General Assembly, | ||
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(3) To articulate a framework for systemic | ||
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(4) To provide an estimated fiscal impact for | ||
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(5) To make recommendations for short-term and | ||
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(A) Closing the digital divide for all students, | ||
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(B) Evaluating the academic growth and | ||
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(C) Establishing a system for the collection and | ||
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(D) Providing students with resources and | ||
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(E) Providing students with resources and support | ||
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(F) Ensuring more time for students' academic, | ||
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(G) Strengthening the transition from secondary | ||
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(e) The chairperson of the Illinois P-20 Council may authorize the creation of working groups focusing on areas of interest to Illinois educational and workforce development, including without limitation the following areas: (1) Preparation, recruitment, and certification of | ||
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(2) Mentoring and induction of highly qualified | ||
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(3) The diversity of highly qualified teachers. (4) Funding for highly qualified teachers, including | ||
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(5) Highly effective administrators. (6) Illinois birth through age 3 education, | ||
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(7) The assessment, alignment, outreach, and network | ||
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(8) Alternative routes to college access. (9) Research data and accountability. (10) Community schools, community participation, and | ||
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(11) Tuition, financial aid, and other issues related | ||
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(12) Learning recovery in the wake of the COVID-19 | ||
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The chairperson of the Illinois P-20 Council may designate Council members to serve as working group chairpersons. Working groups may invite organizations and individuals representing pre-kindergarten through grade 20 interests to participate in discussions, data collection, and dissemination.
(Source: P.A. 101-654, eff. 3-8-21.) |
(105 ILCS 5/22-50) Sec. 22-50. Twice-exceptional children; recommendations. The State Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children shall research and discuss best practices for addressing the needs of "twice-exceptional" children, those who are gifted and talented and have a disability. The Councils shall then jointly make recommendations to the State Board of Education with respect to the State Board of Education providing guidance and technical assistance to school districts in furthering improved educational outcomes for gifted and twice-exceptional children. Recommendations shall include strategies to
(i) educate teachers and other providers about the unique needs of this population, (ii) train teachers in target, research-based, identification and pedagogical methods, and (iii) establish guidelines for unique programming for twice-exceptional students.
(Source: P.A. 96-382, eff. 8-13-09; 96-1000, eff. 7-2-10.) |
(105 ILCS 5/22-55)
Sec. 22-55. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-355, eff. 1-1-12.)
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(105 ILCS 5/22-60) (Text of Section before amendment by P.A. 102-466) Sec. 22-60. Unfunded mandates prohibited. (a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required: (1) Any mandate in this Code enacted after the | ||
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(2) Any regulatory mandate promulgated by the State | ||
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(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received. Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive. The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results. If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request. (c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education or (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application. (d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 96-1441, eff. 8-20-10.) (Text of Section after amendment by P.A. 102-466) Sec. 22-60. Unfunded mandates prohibited. (a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required: (1) Any mandate in this Code enacted after the | ||
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(2) Any regulatory mandate promulgated by the State | ||
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(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received. Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive. The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results. If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request. (c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education, (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application, or (iii) any changes made to this Code by this amendatory Act of the 102nd General Assembly. (d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/22-65)
Sec. 22-65. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/22-70) Sec. 22-70. Enrollment information; children of military personnel. At the time of annual enrollment or at any time during the school year, a school district or a recognized non-public school, except for sectarian non-public schools, serving any of grades kindergarten through 12 shall provide, either on its standard enrollment form or on a separate form, the opportunity for the individual enrolling the student to voluntarily state whether the student has a parent or guardian who is a member of a branch of the armed forces of the United States and who is either deployed to active duty or expects to be deployed to active duty during the school year. Each school district and recognized non-public school shall report this enrollment information as aggregate data to the State Board of Education.
(Source: P.A. 97-505, eff. 8-23-11; 97-813, eff. 7-13-12.) |
(105 ILCS 5/22-75)
Sec. 22-75. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/22-76) Sec. 22-76. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed internally, eff. 9-1-2013.) |
(105 ILCS 5/22-77) Sec. 22-77. (Repealed).
(Source: P.A. 98-861, eff. 8-5-14. Repealed internally, eff. 7-1-14.) |
(105 ILCS 5/22-80) Sec. 22-80. Student athletes; concussions and head injuries. (a) The General Assembly recognizes all of the following: (1) Concussions are one of the most commonly reported | ||
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(2) Concussions are a type of brain injury that can | ||
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(3) Continuing to play with a concussion or symptoms | ||
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(4) Student athletes who have sustained a concussion | ||
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(b) In this Section: "Athletic trainer" means an athletic trainer licensed under the Illinois Athletic Trainers Practice Act who is working under the supervision of a physician. "Coach" means any volunteer or employee of a school who is responsible for organizing and supervising students to teach them or train them in the fundamental skills of an interscholastic athletic activity. "Coach" refers to both head coaches and assistant coaches. "Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns and which may or may not involve a loss of consciousness. "Department" means the Department of Financial and Professional Regulation. "Game official" means a person who officiates at an interscholastic athletic activity, such as a referee or umpire, including, but not limited to, persons enrolled as game officials by the Illinois High School Association or Illinois Elementary School Association. "Interscholastic athletic activity" means any organized school-sponsored or school-sanctioned activity for students, generally outside of school instructional hours, under the direction of a coach, athletic director, or band leader, including, but not limited to, baseball, basketball, cheerleading, cross country track, fencing, field hockey, football, golf, gymnastics, ice hockey, lacrosse, marching band, rugby, soccer, skating, softball, swimming and diving, tennis, track (indoor and outdoor), ultimate Frisbee, volleyball, water polo, and wrestling. All interscholastic athletics are deemed to be interscholastic activities. "Licensed healthcare professional" means a person who has experience with concussion management and who is a nurse, a psychologist who holds a license under the Clinical Psychologist Licensing Act and specializes in the practice of neuropsychology, a physical therapist licensed under the Illinois Physical Therapy Act, an occupational therapist licensed under the Illinois Occupational Therapy Practice Act, a physician assistant, or an athletic trainer. "Nurse" means a person who is employed by or volunteers at a school and is licensed under the Nurse Practice Act as a registered nurse, practical nurse, or advanced practice registered nurse. "Physician" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987. "Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987. "School" means any public or private elementary or secondary school, including a charter school. "Student" means an adolescent or child enrolled in a school. (c) This Section applies to any interscholastic athletic activity, including practice and competition, sponsored or sanctioned by a school, the Illinois Elementary School Association, or the Illinois High School Association. This Section applies beginning with the 2016-2017 school year. (d) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall appoint or approve a concussion oversight team. Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to interscholastic athletics practice or competition following a force or impact believed to have caused a concussion. Each concussion oversight team shall also establish a return-to-learn protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to the classroom after that student is believed to have experienced a concussion, whether or not the concussion took place while the student was participating in an interscholastic athletic activity. Each concussion oversight team must include to the extent practicable at least one physician. If a school employs an athletic trainer, the athletic trainer must be a member of the school concussion oversight team to the extent practicable. If a school employs a nurse, the nurse must be a member of the school concussion oversight team to the extent practicable. At a minimum, a school shall appoint a person who is responsible for implementing and complying with the return-to-play and return-to-learn protocols adopted by the concussion oversight team. At a minimum, a concussion oversight team may be composed of only one person and this person need not be a licensed healthcare professional, but it may not be a coach. A school may appoint other licensed healthcare professionals to serve on the concussion oversight team. (e) A student may not participate in an interscholastic athletic activity for a school year until the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion. The form must be approved by the Illinois High School Association. (f) A student must be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition: (1) a coach; (2) a physician; (3) a game official; (4) an athletic trainer; (5) the student's parent or guardian or another | ||
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(6) the student; or (7) any other person deemed appropriate under the | ||
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(g) A student removed from an interscholastic athletics practice or competition under this Section may not be permitted to practice or compete again following the force or impact believed to have caused the concussion until: (1) the student has been evaluated, using established | ||
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(2) the student has successfully completed each | ||
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(3) the student has successfully completed each | ||
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(4) the treating physician, the athletic trainer, or | ||
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(5) the student and the student's parent or guardian | ||
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(A) have acknowledged that the student has | ||
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(B) have provided the treating physician's, | ||
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(C) have signed a consent form indicating that | ||
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(i) has been informed concerning and consents | ||
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(ii) understands the risks associated with | ||
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(iii) consents to the disclosure to | ||
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A coach of an interscholastic athletics team may not authorize a student's return to play or return to learn. The district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol and shall supervise the person responsible for compliance with the return-to-learn protocol. The person who has supervisory responsibilities under this paragraph may not be a coach of an interscholastic athletics team. (h)(1) The Illinois High School Association shall approve, for coaches, game officials, and non-licensed healthcare professionals, training courses that provide for not less than 2 hours of training in the subject matter of concussions, including evaluation, prevention, symptoms, risks, and long-term effects. The Association shall maintain an updated list of individuals and organizations authorized by the Association to provide the training. (2) The following persons must take a training course in accordance with paragraph (4) of this subsection (h) from an authorized training provider at least once every 2 years: (A) a coach of an interscholastic athletic activity; (B) a nurse, licensed healthcare professional, or | ||
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(C) a game official of an interscholastic athletic | ||
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(3) A physician who serves as a member of a concussion oversight team shall, to the greatest extent practicable, periodically take an appropriate continuing medical education course in the subject matter of concussions. (4) For purposes of paragraph (2) of this subsection (h): (A) a coach, game official, or non-licensed | ||
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(B) an athletic trainer must take a | ||
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(C) a nurse must take a concussion-related continuing | ||
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(D) a physical therapist must take a | ||
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(E) a psychologist must take a concussion-related | ||
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(F) an occupational therapist must take a | ||
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(G) a physician assistant must take a | ||
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(5) Each person described in paragraph (2) of this subsection (h) must submit proof of timely completion of an approved course in compliance with paragraph (4) of this subsection (h) to the district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school. (6) A physician, licensed healthcare professional, or non-licensed healthcare professional who is not in compliance with the training requirements under this subsection (h) may not serve on a concussion oversight team in any capacity. (7) A person required under this subsection (h) to take a training course in the subject of concussions must complete the training prior to serving on a concussion oversight team in any capacity. (i) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall develop a school-specific emergency action plan for interscholastic athletic activities to address the serious injuries and acute medical conditions in which the condition of the student may deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and a plan for emergency transport. This emergency action plan must be: (1) in writing; (2) reviewed by the concussion oversight team; (3) approved by the district superintendent or the | ||
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(4) distributed to all appropriate personnel; (5) posted conspicuously at all venues utilized by | ||
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(6) reviewed annually by all athletic trainers, first | ||
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(j) The State Board of Education shall adopt rules as necessary to administer this Section, including, but not limited to, rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.
(Source: P.A. 101-81, eff. 7-12-19; 102-1006, eff. 1-1-23.) |
(105 ILCS 5/22-81) Sec. 22-81. Drug education and youth overdose prevention. By July 1, 2024, the State Board of Education and the Department of Human Services shall work in consultation with relevant stakeholders, including the Illinois Opioid Crisis Response Advisory Council, to develop and update substance use prevention and recovery resource materials for public elementary and secondary schools. A Substance Use Prevention and Recovery Instruction Resource Guide shall be made available on the State Board of Education's Internet website and shall be sent via electronic mail to all regional offices of education and school districts in this State. The Resource Guide shall provide guidance for school districts and educators regarding student instruction in the topics of substance use prevention and recovery at an age and developmentally appropriate level and shall be reviewed and updated appropriately based on new findings and trends as determined by the State Board of Education or the Department of Human Services. A school district's use of the Resource Guide shall be voluntary. All resources and recommendations within the Resource Guide shall align with the substance use prevention and recovery related topics within the Illinois Learning Standards for Physical Development and Health and the State of Illinois Opioid Action Plan. The Resource Guide shall, at a minimum, include all the following: (1) Age-appropriate, comprehensive, reality-based, | ||
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(2) Information about where to locate stories and | ||
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(3) Resources regarding how to make substance use | ||
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(4) Information on how school districts may involve | ||
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(5) Ways to create instructional programs that are | ||
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(6) Resources that reflect the prevention continuum | ||
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(7) Citations and references the most up-to-date | ||
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(8) Resources that reflect the importance of | ||
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(A) substance types, the substance use continuum, | ||
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(B) the history of drugs and health policy in | ||
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(C) risk mitigation and harm reduction, including | ||
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(D) addressing adverse childhood experiences, | ||
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(E) the social and health inequities among racial | ||
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(F) strategies and resources for coping with | ||
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Subject to appropriation, the Department of Human Services shall reimburse a grantee for any costs associated with facilitating a heroin and opioid overdose prevention instructional program for school districts seeking to provide instruction under this type of program. Each school district that seeks to participate in the program shall have the discretion to determine which grade levels the school district will instruct under the program. The program must use effective, research-proven, interactive teaching methods and technologies, and must provide students, parents, and school staff with scientific, social, and emotional learning content to help them understand the risk of drug use. Such learning content must specifically target the dangers of prescription pain medication and heroin abuse. The Department may contract with a health education organization to fulfill the requirements of the program.
(Source: P.A. 102-894, eff. 5-20-22; 103-399, eff. 7-28-23.) |
(105 ILCS 5/22-82) Sec. 22-82. Assessment reporting. (a) Before the 30th day of each school year, beginning with the 2016-2017 school year, every school district shall report, for each of its schools, all of the following to the State Board of Education, using a form developed by the State Board of Education: (1) Every reliable assessment that measures a certain | ||
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(2) The administration window for each of these | ||
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(3) Which entity is requiring the assessment (State, | ||
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(4) Which grade levels will be taking the assessment. (5) Which subsets of students, such as English | ||
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(6) An estimate of the average time it will take a | ||
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(7) If the results of the assessment are to be used | ||
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(b) The State Board of Education shall compile the information reported under subsection (a) of this Section for each school year and make that information available to the public. Each school shall also make that information publicly available to the parents and guardians of its students through the school district's Internet website or distribution in paper form. (c) The State Board of Education may adopt any rules necessary to carry out its responsibilities under this Section.
(Source: P.A. 99-590, eff. 7-22-16.) |
(105 ILCS 5/22-83) Sec. 22-83. Police training academy job training program. (a) In a county of 175,000 or more inhabitants, any school district with a high school may establish one or more partnerships with a local police department, county sheriff, or police training academy to establish a jobs training program for high school students. The school district shall establish its partnership or partnerships on behalf of all of the high schools in the district; no high school shall establish a partnership for this purpose separate from the school district's partnership under this Section. The jobs training program shall be open to all students, regardless of prior academic history. However, to encourage and maintain successful program participation and partnerships, the school districts and their partner agencies may impose specific program requirements. (b) The State Board of Education shall track participation and the success of students participating in the jobs training program established under this Section and annually publish a report on its website examining the program and its success.
(Source: P.A. 100-331, eff. 1-1-18.) |
(105 ILCS 5/22-85) Sec. 22-85. Sexual abuse at schools. (a) The General Assembly finds that: (1) investigation of a child regarding an incident of | ||
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(2) it is desirable to prevent multiple interviews of | ||
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(3) it is important to recognize the role of | ||
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(b) In this Section: "Alleged incident of sexual abuse" is limited to an incident of sexual abuse of a child that is alleged to have been perpetrated by school personnel, including a school vendor or volunteer, that occurred (i) on school grounds or during a school activity or (ii) outside of school grounds or not during a school activity. "Appropriate law enforcement agency" means a law enforcement agency whose employees have been involved, in some capacity, with an investigation of a particular alleged incident of sexual abuse. (c) If a mandated reporter within a school has knowledge of an alleged incident of sexual abuse, the reporter must call the Department of Children and Family Services' hotline established under Section 7.6 of the Abused and Neglected Child Reporting Act immediately after obtaining the minimal information necessary to make a report, including the names of the affected parties and the allegations. The State Board of Education must make available materials detailing the information that is necessary to enable notification to the Department of Children and Family Services of an alleged incident of sexual abuse. Each school must ensure that mandated reporters review the State Board of Education's materials and materials developed by the Department of Children and Family Services and distributed in the school building under Section 7 of the Abused and Neglected Child Reporting Act at least once annually. (d) For schools in a county with an accredited Children's Advocacy Center, every alleged incident of sexual abuse that is reported to the Department of Children and Family Services' hotline or a law enforcement agency and is subsequently accepted for investigation must be referred by the entity that received the report to the local Children's Advocacy Center pursuant to that county's multidisciplinary team's protocol under the Children's Advocacy Center Act for investigating child sexual abuse allegations. (e) A county's local Children's Advocacy Center must, at a minimum, do both of the following regarding a referred case of an alleged incident of sexual abuse: (1) Coordinate the investigation of the alleged | ||
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(2) Facilitate communication between the | ||
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(f) After an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the criminal and child abuse investigations related to that alleged incident are being conducted by the local multidisciplinary team, the school relevant to the alleged incident of sexual abuse must comply with both of the following: (1) It may not interview the alleged victim regarding | ||
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(2) If asked by a law enforcement agency or an | ||
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(g) After completion of a forensic interview, the multidisciplinary team must notify the school relevant to the alleged incident of sexual abuse of its completion. If, for any reason, a multidisciplinary team determines it will not conduct a forensic interview in a specific investigation, the multidisciplinary team must notify the school as soon as the determination is made. If a forensic interview has not been conducted within 15 calendar days after opening an investigation, the school may notify the multidisciplinary team that it intends to interview the alleged victim. No later than 10 calendar days after this notification, the multidisciplinary team may conduct the forensic interview and, if the multidisciplinary team does not conduct the interview, the school may proceed with its interview. (h) To the greatest extent possible considering student safety and Title IX compliance, school personnel may view the electronic recordings of a forensic interview of an alleged victim of an incident of sexual abuse. As a means to avoid additional interviews of an alleged victim, school personnel must be granted viewing access to the electronic recording of a forensic interview conducted at an accredited Children's Advocacy Center for an alleged incident of sexual abuse only if the school receives (i) approval from the multidisciplinary team investigating the case and (ii) informed consent by a child over the age of 13 or the child's parent or guardian. Each county's local Children's Advocacy Center and multidisciplinary team must establish an internal protocol regarding the process of approving the viewing of the forensic interview, and this process and the contact person must be shared with the school contact at the time of the initial facilitation. Whenever possible, the school's viewing of the electronic recording of a forensic interview should be conducted in lieu of the need for additional interviews. (i) For an alleged incident of sexual abuse that has been accepted for investigation by a multidisciplinary team, if, during the course of its internal investigation and at any point during or after the multidisciplinary team's investigation, the school determines that it needs to interview the alleged victim to successfully complete its investigation and the victim is under 18 years of age, a child advocate must be made available to the student and may be present during the school's interview. A child advocate may be a school social worker, a school or equally qualified psychologist, or a person in a position the State Board of Education has identified as an appropriate advocate for the student during a school's investigation into an alleged incident of sexual abuse. (j) The Department of Children and Family Services must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete. The notification must include information on the outcome of that investigation. (k) The appropriate law enforcement agency must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete or has been suspended. The notification must include information on the outcome of that investigation. (l) This Section applies to all schools operating under this Code, including, but not limited to, public schools located in cities having a population of more than 500,000, a school operated pursuant to an agreement with a public school district, alternative schools operated by third parties, an alternative learning opportunities program, a public school administered by a local public agency or the Department of Human Services, charter schools operating under the authority of Article 27A, and non-public schools recognized by the State Board of Education.
(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-85.5) Sec. 22-85.5. Sexual misconduct in schools. (a) This Section applies beginning on July 1, 2022. (b) The General Assembly finds that: (1) the success of students in school relies on safe | ||
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(2) it is important for staff to maintain a | ||
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(3) many breaches of staff-student boundaries do not | ||
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(4) repeated violations of staff–student boundaries | ||
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(5) it is necessary to uphold the State Board of | ||
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(6) each school district, charter school, or | ||
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(7) each school district, charter school, or | ||
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(8) as bystanders, educators may have knowledge of | ||
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(c) In this Section, "sexual misconduct" means any act, including, but not limited to,
any verbal, nonverbal, written, or electronic communication or
physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Such an act includes, but is not limited to, any of the following: (1) A sexual or romantic invitation. (2) Dating or soliciting a date. (3) Engaging in sexualized or romantic dialog. (4) Making sexually suggestive comments that are | ||
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(5) Self-disclosure or physical exposure of a | ||
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(6) A sexual, indecent, romantic, or erotic contact | ||
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(d) To prevent sexual misconduct with students, each school district, charter school, or nonpublic school shall develop an employee code of professional conduct policy that addresses all of the following: (1) Incorporates the Code of Ethics for Illinois | ||
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(2) Incorporates the definition of "sexual | ||
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(3) Identifies the expectations for employees and | ||
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(A) Transporting a student. (B) Taking or possessing a photo or a video of a | ||
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(C) Meeting with a student or contacting a | ||
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(4) References the employee reporting requirements | ||
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(5) References required employee training that is | ||
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(e) The employee code of professional conduct policy must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic, nonsectarian elementary or secondary school. (f) A violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment. Failure to report a violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment.
(Source: P.A. 102-676, eff. 12-3-21.) |
(105 ILCS 5/22-85.10) Sec. 22-85.10. Parental notification of sexual misconduct. (a) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of an enrolled student, unless the student is at least 18 years of age or emancipated, with whom an employee, agent of the school, or a contractor of the school is alleged to have engaged in sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code. Notice provided to the parent or guardian of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include: (1) Consideration of the time frame for providing | ||
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(2) Prior to notification of the student's parents or | ||
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(A) that notice will be given to the student's | ||
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(B) what information will be included in the | ||
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(C) available resources for the student within | ||
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(D) beginning July 1, 2025, the name and | ||
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(3) After notification of the student as required | ||
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(A) of the alleged misconduct; and (B) of available resources for the student | ||
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(4) Notification must be provided as soon as | ||
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(b) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of a student, subject to subsection (a), when any formal action has been taken by the governing body relating to the employment of the alleged perpetrator following the investigation of sexual misconduct, including whether employment was terminated or whether the governing body accepted the resignation of the employee. Notice provided to the parents or guardians of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include: (1) Consideration of the time frame for providing | ||
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(2) Prior to notification of the student's parents or | ||
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(A) that notice will be given to the student's | ||
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(B) what information will be included in the | ||
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(C) available resources for the student within | ||
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(D) beginning July 1, 2025, the name and contact | ||
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(3) After notification of the student as required | ||
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(A) of the governing body's action; (B) whether a report concerning the alleged | ||
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(C) of available resources for the student | ||
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(4) Notification must be provided as soon as feasible | ||
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(5) For the purposes of subsection (b), if the | ||
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(c) Notwithstanding any other provision of this Section, notification to the student prior to notification of the student's parents or guardians shall not be required to the extent an employee or agent of the school district, charter school, or nonpublic school deems it necessary to address an imminent risk of serious physical injury or death of a student or another person, including the victim. If prior notification to the student is not given, notification to the student shall be provided as soon as practicable and without delay following the notification to the student's parents or guardians. (d) Subsections (a) and (b) shall not apply if the student's parent or guardian is the alleged perpetrator of the misconduct.
(Source: P.A. 102-702, eff. 7-1-23.) |
(105 ILCS 5/22-86) Sec. 22-86. (Repealed).
(Source: P.A. 101-531, eff. 8-23-19. Repealed internally, eff. 3-15-21.) |
(105 ILCS 5/22-87) Sec. 22-87. Graduation requirements; Free Application for Federal Student Aid. (a) Beginning with the 2020-2021 school year, in addition to any other requirements under this Code, as a prerequisite to receiving a high school diploma from a public high school, the parent or guardian of each student or, if a student is at least 18 years of age or legally emancipated, the student must comply with either of the following: (1) File a Free Application for Federal Student Aid | ||
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(2) On a form created by the State Board of | ||
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(b) Each school district with a high school must require each high school student to comply with this Section and must provide to each high school student and, if applicable, his or her parent or guardian any support or assistance necessary to comply with this Section. A school district must award a high school diploma to a student who is unable to meet the requirements of subsection (a) due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under this Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver under subsection (a). (c) The State Board of Education may adopt rules to implement this Section.
(Source: P.A. 101-180, eff. 6-1-20; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-88) Sec. 22-88. Parental notification of law enforcement detainment and questioning on school grounds. (a) In this Section, "school grounds" means the real property comprising an active and operational elementary or secondary school during the regular hours in which school is in session and when students are present. (b) Before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, a school resource officer, or other school security personnel must do all of the following: (1) Ensure that notification or attempted | ||
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(2) Document the time and manner in which the | ||
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(3) Make reasonable efforts to ensure that the | ||
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(4) If practicable, make reasonable efforts to ensure | ||
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(c) This Section does not limit the authority of a law enforcement officer to make an arrest on school grounds. This Section does not apply to circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary to do any of the following: (1) Prevent bodily harm or injury to the student or | ||
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(2) Apprehend an armed or fleeing suspect. (3) Prevent the destruction of evidence. (4) Address an emergency or other dangerous | ||
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(Source: P.A. 101-478, eff. 8-23-19; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-89) Sec. 22-89. Graduates during the 2019-2020 school year. Notwithstanding any other provision of this Code, any diploma conferred during the 2019-2020 school year, including during the summer of 2020, under graduation requirements that were modified by an executive order, emergency rulemaking, or school board policy prompted by a gubernatorial disaster proclamation as a result of COVID-19 is deemed valid and is not subject to challenge or review due to a failure to meet minimum requirements otherwise required by this Code, administrative rule, or school board policy.
(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/22-90) Sec. 22-90. (Repealed).
(Source: P.A. 102-813, eff. 5-13-22. Repealed internally, eff. 2-1-23.) |
(105 ILCS 5/22-91)
Sec. 22-91. Modification of athletic or team uniform; nonpublic schools. (a) A nonpublic school recognized by the State Board of Education must allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the school for such modification. However, nothing in this Section prohibits a school from providing the modification to the student. (b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear: (1) is black, white, the predominant color of the | ||
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(2) does not cover any part of the face; (3) is not dangerous to the player or to the other | ||
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(4) has no opening or closing elements around the | ||
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(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/22-92)
Sec. 22-92. Absenteeism and truancy policy. (a) Each school district, charter school, or alternative school or any school receiving public funds shall develop and communicate to its students and their parent or guardian, on an annual basis, an absenteeism and truancy policy, including at least the following elements: (1) A definition of a valid cause for absence in | ||
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(2) A description of diagnostic procedures to be used | ||
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(3) The identification of supportive services to be | ||
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(4) Incorporation of the provisions relating to | ||
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(b) The absenteeism and truancy policy must be updated every 2 years and filed with the State Board of Education and the regional superintendent of schools.
(Source: P.A. 102-157, eff. 7-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/22-93)
Sec. 22-93. School guidance counselor; gift ban. (a) In this Section: "Guidance counselor" means a person employed by a school district and working in a high school to offer students advice and assistance in making career or college plans. "Prohibited source" means any person who is employed by an institution of higher education or is an agent or spouse of or an immediate family member living with a person employed by an institution of higher education. "Relative" means an individual related to another as father, mother, son, daughter, brother, sister, uncle, aunt, great-aunt, great-uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister or the father, mother, grandfather, or grandmother of the individual's spouse or the individual's fiance or fiancee. (b) A guidance counselor may not intentionally solicit or accept any gift from a prohibited source or solicit or accept a gift that would be in violation of any federal or State statute or rule. A prohibited source may not intentionally offer or make a gift that violates this Section. (c) The prohibition in subsection (b) does not apply to any of the following: (1) Opportunities, benefits, and services that are | ||
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(2) Anything for which the guidance counselor pays | ||
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(3) A gift from a relative. (4) Anything provided by an individual on the basis | ||
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(A) The history of the relationship between the | ||
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(B) Whether, to the actual knowledge of the | ||
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(C) Whether, to the actual knowledge of the | ||
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(5) Bequests, inheritances, or other transfers at | ||
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(6) Any item or items from any one prohibited source | ||
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(7) Promotional materials, including, but not limited | ||
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Each exception listed under this subsection is mutually exclusive and independent of one another. (d) A guidance counselor is not in violation of this Section if he or she promptly takes reasonable action to return the gift to the prohibited source or donates the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. A guidance counselor or prohibited source who intentionally violates this Section is guilty of a business offense and is subject to a fine of at least $1,001 and up to $5,000.
(Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/22-94) Sec. 22-94. Employment history review. (a) This Section applies to all permanent and temporary positions for employment with a school or a contractor of a school involving direct contact with children or students. (b) In this Section: "Contractor" means firms holding contracts with any school including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct contact with children or students. "Direct contact with children or students" means the possibility of care, supervision, guidance, or control of children or students or routine interaction with children or students. "School" means a public or nonpublic elementary or secondary school. "Sexual misconduct" has the meaning ascribed to it in subsection (c) of Section 22-85.5 of this Code. (c) Prior to hiring an applicant to work directly with children or students, a school or contractor must ensure that the following criteria are met: (1) the school or contractor has no knowledge or | ||
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(2) the applicant swears or affirms that the | ||
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(3) using the template developed by the State Board | ||
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(A) a list, including the name, address, | ||
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(i) the applicant's current employer; (ii) all former employers of the applicant | ||
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(B) A written authorization that consents to | ||
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(C) A written statement of whether the | ||
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(i) has been the subject of a sexual | ||
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(ii) has ever been discharged from, been | ||
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(iii) has ever had a license or | ||
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(4) The school or contractor shall initiate a | ||
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(A) the dates of employment of the applicant; (B) a statement as to whether the applicant: (i) has been the subject of a sexual | ||
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(ii) was discharged from, was asked to | ||
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(iii) has ever had a license or | ||
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(C) The template shall include the following | ||
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(5) For applicants licensed by the State Board of | ||
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(d) An applicant who provides false information or willfully fails to disclose information required in subsection (c) shall be subject to discipline, up to and including termination or denial of employment. (e) No later than 20 days after receiving a request for information required under paragraph (4) of subsection (c), an employer who has or had an employment relationship with the applicant shall disclose the information requested. If the employer has an office of human resources or a central office, information shall be provided by that office. The employer who has or had an employment relationship with the
applicant shall disclose the information on the template developed by the State Board of Education. For any affirmative response to items (i) through (iii) of subparagraph (B) of paragraph (4) or subsection (c), the employer who has or had an employment relationship with the
applicant shall provide additional information about the matters disclosed and all related records. A school shall complete the template at time of separation from employment, or at the request of the employee, and maintain it as part of the employee's personnel file. If the school completes an investigation after an employee's separation from employment, the school shall update the information accordingly. Information received under this Section shall not be deemed a public record. A school or contractor who receives information under this subsection (e) may use the information for the purpose of evaluating an applicant's fitness to be hired or for continued employment and may report the information, as appropriate, to the State Board of Education, a State licensing agency, a law enforcement agency, a child protective services agency, another school or contractor, or a prospective employer. An employer, school, school administrator, or contractor who provides information or records about a current or former employee or applicant under this Section is immune from criminal and civil liability for the disclosure of the information or records, unless the information or records provided were knowingly false. This immunity shall be in addition to and not a limitation on any other immunity provided by law or any absolute or conditional privileges applicable to the disclosure by virtue of the circumstances or the applicant's consent to the disclosure and shall extent to any circumstances when the employer, school, school administrator, or contractor in good faith shares findings of sexual misconduct with another employer. Unless the laws of another state prevent the release of the information or records requested or disclosure is restricted by the terms of a contract entered into prior to the effective date of this amendatory Act of the 102nd General Assembly, and notwithstanding any other provisions of law to the contrary, an employer, school, school administrator, contractor, or applicant shall report and disclose, in accordance with this Section, all relevant information, records, and documentation that may otherwise be confidential. (f) A school or contractor may not hire an applicant who does not provide the information required under subsection (c) for a position involving direct contact with children or students. (g) Beginning on the effective date of this amendatory Act of the 102nd General Assembly, a school or contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that: (1) has the effect of suppressing information | ||
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(2) affects the ability of the school or contractor | ||
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(3) requires the school or contractor to expunge | ||
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(h) Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into on or after the effective date of this amendatory Act of the 102nd General Assembly and that is contrary to this Section is void and unenforceable. (i) For substitute employees, all of the following apply: (1) The employment history review required by this | ||
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(2) A substitute employee seeking to be added to | ||
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(3) An employment history review conducted upon | ||
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(4) A contractor or any other entity furnishing | ||
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(j) For employees of contractors, all of the following apply: (1) The employment history review required by this | ||
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(2) A contractor shall maintain records documenting | ||
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(3) Prior to assigning an employee to perform work | ||
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(A) has been the subject of a sexual misconduct | ||
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(B) has ever been discharged, been asked to | ||
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(C) has ever had a license or certificate | ||
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(4) The contractor may not assign an employee to | ||
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(k) An applicant who has undergone an employment history review under this Section and seeks to transfer to or provide services to another school in the same school district, diocese, or religious jurisdiction, or to another school established and supervised by the same organization is not required to obtain additional reports under this Section before transferring. (l) Nothing in this Section shall be construed: (1) to prevent a prospective employer from | ||
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(2) to relieve a school, school employee, | ||
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(3) to relieve a school, school employee, | ||
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(4) to prohibit the right of the exclusive | ||
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(m) The State Board of Education shall develop the templates required under paragraphs (3) and (4) of subsection (c).
(Source: P.A. 102-702, eff. 7-1-23.) |
(105 ILCS 5/22-95) (Text of Section from P.A. 103-413) (Section scheduled to be repealed on February 1, 2029) Sec. 22-95. Whole Child Task Force. (a) The General Assembly makes all of the following findings: (1) The COVID-19 pandemic has exposed systemic | ||
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(2) The path to recovery requires a commitment from | ||
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(3) It is well documented that trauma and toxic | ||
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(4) It is estimated that, overall, approximately 40% | ||
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(5) The cumulative effects of trauma and toxic stress | ||
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(6) Although this State enacted measures through | ||
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(7) Many educators and schools in this State have | ||
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(b) The Whole Child Task Force created by Public Act 101-654 is reestablished for the purpose of establishing an equitable, inclusive, safe, and supportive environment in all schools for every student in this State. The task force shall have all of the following goals, which means key steps have to be taken to ensure that every child in every school in this State has access to teachers, social workers, school leaders, support personnel, and others who have been trained in evidence-based interventions and restorative practices: (1) To create a common definition of a | ||
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(2) To outline the training and resources required to | ||
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(3) To identify or develop a process to conduct an | ||
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(4) To provide recommendations concerning the key | ||
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(5) To recommend an implementation timeline, | ||
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(6) To seek input and feedback from stakeholders, | ||
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(7) To recommend legislation, policies, and practices | ||
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(c) Members of the Whole Child Task Force shall be appointed by the State Superintendent of Education. Members of this task force must represent the diversity of this State and possess the expertise needed to perform the work required to meet the goals of the task force set forth under subsection (a). Members of the task force shall include all of the following: (1) One member of a statewide professional teachers' | ||
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(2) One member of another statewide professional | ||
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(3) One member who represents a school district | ||
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(4) One member of a statewide organization | ||
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(5) One member of an organization that has specific | ||
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(6) One member of another organization that has | ||
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(7) One member of a statewide organization that | ||
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(8) One member of a statewide policy organization | ||
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(9) One member of a statewide organization that | ||
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(10) One member of the General Assembly recommended | ||
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(11) One member of the General Assembly recommended | ||
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(12) One member of the General Assembly recommended | ||
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(13) One member of the General Assembly recommended | ||
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(14) One member of a civil rights organization that | ||
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(15) One administrator from a school district that | ||
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(16) One educator from a school district that has | ||
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(17) One member of a youth-led organization. (18) One member of an organization that has | ||
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(19) One member of a coalition of mental health and | ||
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(20) One member of an organization whose mission is | ||
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(21) One member who works or has worked as a | ||
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(22) One member who works or has worked as a social | ||
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(23) One member of the State Board of Education. (24) One member who represents a statewide | ||
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(25) One member who represents a statewide | ||
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(26) One member who has expertise in pre-kindergarten | ||
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(27) One member who represents a school social worker | ||
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(28) One member who represents an organization that | ||
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(29) One member who is a licensed clinical | ||
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(30) One member who represents a school district in | ||
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(31) One member from a governmental agency who has | ||
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(32) One member who has significant expertise in | ||
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(33) One member who represents an organization that | ||
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(34) One member who represents an organization | ||
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(d) The Whole Child Task Force shall meet at the call of the State Superintendent of Education or his or her designee, who shall serve as the chairperson. The State Board of Education shall provide administrative and other support to the task force. Members of the task force shall serve without compensation. (e) The Whole Child Task Force shall reconvene by March 2027 to review progress on the recommendations in the March 2022 report submitted pursuant to Public Act 101-654 and shall submit a new report on its assessment of the State's progress and any additional recommendations to the General Assembly, the Illinois Legislative Black Caucus, the State Board of Education, and the Governor on or before December 31, 2027. (f) This Section is repealed on February 1, 2029.(Source: P.A. 103-413, eff. 1-1-24.) (Text of Section from P.A. 103-472) (This Section may contain text from a Public Act with a delayed effective date) Sec. 22-95. Policy on discrimination, harassment, and retaliation; response procedures. (a) As used in this Section, "policy" means either the use of a singular policy or multiple policies. (b) Each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must create, implement, and maintain at least one written policy that prohibits discrimination and harassment based on race, color, and national origin and prohibits retaliation. The policy may be included as part of a broader anti-harassment or anti-discrimination policy, provided that the policy prohibiting discrimination and harassment based on race, color, and national origin and retaliation shall be distinguished with an appropriate title, heading, or label. This policy must comply with and be distributed in accordance with all of the following: (1) The policy must be in writing and must include at | ||
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(A) descriptions of various forms of | ||
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(B) the school district's, charter school's, or | ||
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(C) an overview of the school district's, charter | ||
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(D) potential remedies for a violation of the | ||
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(E) a prohibition on retaliation for making a | ||
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(F) the legal recourse available through the | ||
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(G) directions on how to contact the Department | ||
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The policy shall make clear that the policy does not | ||
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(2) The policy described in this subsection shall be | ||
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(3) The policy described in this subsection shall be | ||
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(c) Each school district, charter school, and nonpublic, nonsectarian elementary or secondary school must establish procedures for responding to complaints of discrimination and harassment based on race, color, and national origin and retaliation. These procedures must comply with subsection (b) of this Section. Based on these procedures, school districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools: (1) shall reduce or remove, to the extent | ||
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(2) shall permit any person who reports or is the | ||
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(3) shall permit anonymous reporting, except that | ||
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(4) shall offer remedial interventions or take such | ||
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(5) may offer, but not require or unduly influence, a | ||
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(6) may not cause a person who reports or is the | ||
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(Source: P.A. 103-472, eff. 8-1-24.) (Text of Section from P.A. 103-481) Sec. 22-95. Retirement and deferred compensation plans. (a) This Section applies only to school districts, other than a school district organized under Article 34, with a full-time licensed teacher population of 575 or more teachers that maintain a 457 plan. Every applicable school district shall make available to participants more than one financial institution or investment provider to provide services to the school district's 457 plan. (b) A financial institution or investment provider, by entering into a written agreement, may offer or provide services to a plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 if the written agreement is not combined with any other written agreement for the administration of the school district's 457 plan. Each school district that offers a 457 plan shall make available to participants, in the manner provided in subsection (d), more than one financial institution or investment provider that has not entered into a written agreement to provide administration services and that provides services to a 457 plan offered to school districts. (c) A financial institution or investment provider providing services for any plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 shall: (1) enter into an agreement with the school district | ||
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(2) provide all data required by the school district | ||
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(3) cover all plan administration costs agreed to by | ||
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(d) A school district that offers, establishes, or maintains a plan under Section 457 of the Internal Revenue Code of 1986, except for a plan established under Section 16-204 of the Illinois Pension Code, shall select more than one financial institution or investment provider, in addition to the financial institution or investment provider that has entered into a written agreement under subsection (b), to provide services to the 457 plan. A financial institution or investment provider shall be designated a 457 plan provider if the financial institution or investment provider enters into an agreement in accordance with subsection (c). (e) A school district shall have one year after the effective date of this amendatory Act of the 103rd General Assembly to find a 457 plan provider under this Section. (f) Nothing in this Section shall apply to or impact the optional defined contribution benefit established by the Teachers' Retirement System of the State of Illinois under Section 16-204 of the Illinois Pension Code. Notwithstanding the foregoing, the Teachers' Retirement System may elect to share plan data for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code with the school district, upon request by the school district, in order to facilitate school districts' compliance with this Section and Section 457 of the Internal Revenue Code of 1986. If a school district requests that the Teachers' Retirement System share plan information for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code, the Teachers' Retirement System may assess a fee on the applicable school district.(Source: P.A. 103-481, eff. 1-1-24.) (Text of Section from P.A. 103-497) (Section scheduled to be repealed on December 31, 2031) Sec. 22-95. Rural Education Advisory Council. (a) The Rural Education Advisory Council is created as a statewide advisory council to exchange thoughtful dialogue concerning the needs, challenges, and opportunities of rural schools districts and to provide policy recommendations to the State. The Council shall perform all of the following functions: (1) Convey and impart the perspective of rural | ||
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(2) Present to the State Superintendent of Education | ||
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(3) Provide feedback about this State's | ||
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(b) The Council shall consist of all of the following members: (1) The State Superintendent of Education or his or | ||
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(2) One representative of an association representing | ||
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(3) Five superintendents of rural school districts | ||
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(4) One principal from a rural school district | ||
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(5) One representative from a rural school district | ||
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(6) One representative of a statewide organization | ||
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(7) One representative of a statewide organization | ||
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(8) One student who is at least 15 years old, who is | ||
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Council members must reflect, as much as possible, the racial and ethnic diversity of this State. Council members shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board of Education for that purpose, subject to the rules of the appropriate travel control board. (c) The Council shall meet initially at the call of the State Superintendent of Education, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson. (d) The State Board of Education shall provide administrative and other support to the Council as needed. (e) The Council is dissolved and this Section is repealed on December 31, 2031.(Source: P.A. 103-497, eff. 1-1-24.) |
(105 ILCS 5/22-96) Sec. 22-96. Hiring or assigning priority. (a) When hiring or assigning physical education, music, and visual arts educators, a school district must prioritize the hiring or assigning of educators who hold an educator license and endorsement in the content area to be taught. (b) A licensed educator assigned to physical education, music, or visual arts who does not hold an endorsement in the content area to be taught must acquire short-term approval under Part 25 of Title 23 of the Illinois Administrative Code by the State Board of Education in the content area to be taught prior to his or her assignment or employment start date. If no short-term approval is available in the content area to be taught, the licensed educator shall meet equivalent criteria specified by the State Board of Education. In order to retain his or her employment for subsequent school years, the educator must acquire the full endorsement in the content area to be taught prior to the end of the validity period of the short-term approval. (c) In the case of a reduction in force, a school district may follow its employee contract language for filling positions. (d) Instead of holding the credentials specified in subsection (a) or (b) of this Section, an educator assigned to a position under this Section may meet any requirements set forth under Title 23 of the Illinois Administrative Code as applicable to the content area to be taught, except that subsection (b) of Section 1.710 of Title 23 of the Illinois Administrative Code does not apply to an educator assigned to a position under this subsection (d). (Source: P.A. 103-46, eff. 1-1-24; 103-564, eff. 11-17-23.) |
(105 ILCS 5/Art. 23 heading) ARTICLE 23.
SCHOOL BOARD ASSOCIATIONS
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(105 ILCS 5/23-1) (from Ch. 122, par. 23-1)
Sec. 23-1.
Purpose of article.
This Article has for its purpose the education of school board members
as to their duties and responsibilities so as to improve the management of
the public schools, through associations of school boards. The activities
of any association which complies with this Article are hereby declared to
constitute a public purpose.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-2) (from Ch. 122, par. 23-2)
Sec. 23-2.
Boards
may form or join associations.
School boards are authorized to form, join and provide for the expenses
of associations of Illinois school boards formed for the purpose of
conducting county or regional school board institutes and otherwise
disseminating and interchanging information regarding school board
problems, duties and responsibilities, provided such associations comply
with the requirements of this Article.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-3) (from Ch. 122, par. 23-3)
Sec. 23-3.
Filing
copy of constitution, by-laws and amendments.
Within 30 days after the adoption by any such association of its
constitution or by-laws or any amendment thereto, it shall file a copy
thereof, certified by its president and executive director, with the
Governor, the Superintendent of Public Instruction and the county
superintendent of schools of each county in which it has any membership.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-4) (from Ch. 122, par. 23-4)
Sec. 23-4.
Election of officers and governing body.
The constitution or by-laws of any such association shall provide for
the election of its officers and governing body at an annual meeting of the
association, or in some other manner which will insure that all member
boards have an equal opportunity to participate in the election.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-5) (from Ch. 122, par. 23-5)
Sec. 23-5.
Membership.
Any such association shall admit to its membership any school board
whose district lies wholly or in part within the area covered by the
association.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-6) (from Ch. 122, par. 23-6)
Sec. 23-6.
Annual report.
Each association shall make an annual report within 60 days after the
close of its fiscal year to the Governor, the State Board of Education
and the regional
superintendent of schools of each region in
which it has members, setting forth the activities of the association
for the preceding fiscal year, the institutes held, the subjects
discussed, and the attendance, and shall furnish the Governor, the
State Board of Education and
such regional superintendents
with copies of all publications sent to its members.
(Source: P.A. 81-1508.)
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(105 ILCS 5/23-7) (from Ch. 122, par. 23-7)
Sec. 23-7.
Compensation and expenses.
No school board member shall receive any compensation for service
rendered to any such association, whether as an officer or otherwise, but
shall be entitled to reimbursement for expenses actually incurred in the
work of such association.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/23-8) (from Ch. 122, par. 23-8)
Sec. 23-8.
Powers
and duties.
Each association shall perform such duties and exercise such powers as
if it were a state institution for the purposes of Article 16 of the
"Illinois Pension Code", approved March 18, 1963, as amended.
(Source: Laws 1965, p. 3746.)
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(105 ILCS 5/Art. 24 heading) ARTICLE 24.
EMPLOYMENT OF TEACHERS--TENURE--DUTIES OF TEACHERS
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(105 ILCS 5/24-1) (from Ch. 122, par. 24-1)
Sec. 24-1.
Appointment-Salaries-Payment-School month-School term.)
School boards shall appoint all teachers, determine qualifications of
employment
and fix the amount of their
salaries subject to limitation set forth in this Act. They shall pay
the wages of teachers monthly, subject, however, to the provisions of
Section 24-21. The school month shall be the same as the calendar month
but by resolution the school board may adopt for its use a month of 20
days, including holidays. The school term shall consist of at least the
minimum number of pupil attendance days required by Section 10-19, any
additional legal school holidays, days of teachers' institutes, or
equivalent professional educational experiences, and one or two days at
the beginning of the school term when used as a teachers' workshop.
(Source: P.A. 80-249.)
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(105 ILCS 5/24-1.1) (from Ch. 122, par. 24-1.1)
Sec. 24-1.1.
Employment of public school employees by nonpublic schools.
Employees of public schools may be employed on a part-time or temporary
basis by private or parochial schools, providing that such employment is
in no way connected with or subsidized by their public school employment,
and provided further that such private or parochial employment does not
conflict or interfere with an employee's public school duties.
(Source: P.A. 80-287.)
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(105 ILCS 5/24-1.5) Sec. 24-1.5. New or vacant teaching positions. A school district's selection of a candidate for a new or vacant teaching position not otherwise required to be filled pursuant to Section 24-12 of this Code must be based upon the consideration of factors that include without limitation certifications, qualifications, merit and ability (including performance evaluations, if available), and relevant experience, provided that the length of continuing service with the school district must not be considered as a factor, unless all other factors are determined by the school district to be equal. A school district's decision to select a particular candidate to fill a new or vacant position is not subject to review under grievance resolution procedures adopted pursuant to subsection (c) of Section 10 of the Illinois Educational Labor Relations Act, provided that, in making such a decision, the district does not fail to adhere to procedural requirements in a collective bargaining agreement relating to the filling of new or vacant teaching positions. Provisions regarding the filling of new and vacant positions in a collective bargaining agreement between a school district and the exclusive bargaining representative of its teachers in existence on the effective date of this amendatory Act of the 97th General Assembly shall remain in full force and effect for the term of the agreement, unless terminated by mutual agreement. Nothing in this amendatory Act of the 97th General Assembly (i) limits or otherwise impacts school districts' management right to hire new employees, (ii) affects what currently is or may be a mandatory subject of bargaining under the Illinois Educational Labor Relations Act, or (iii) creates a statutory cause of action for a candidate or a candidate's representative to challenge a school district's selection decision based on the school district's failure to adhere to the requirements of this Section.
(Source: P.A. 97-8, eff. 6-13-11.) |
(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
(Text of Section from P.A. 103-15)
Sec. 24-2. Holidays. (a) Teachers shall not be required
to teach on Saturdays, nor, except as provided in subsection (b) of this Section, shall teachers or other school
employees, other than noncertificated school employees whose presence is
necessary because of an emergency or for the continued operation and
maintenance of school facilities or property, be
required to work on legal school
holidays, which are January 1, New Year's Day; the third Monday in
January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the
first Monday in March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law; June 19, Juneteenth National Freedom Day; July 4,
Independence Day; the first Monday in September, Labor Day; the second Monday
in October, Columbus Day; November 11, Veterans' Day; the Thursday in
November commonly called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their judgment such
action is advisable. No deduction shall
be made from the time or
compensation of a school employee on account of any legal
or special holiday.
(b) A school board or other entity eligible to apply for waivers and modifications under Section 2-3.25g of this Code is authorized to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on the third Monday in January (the Birthday of Dr. Martin Luther King, Jr.); February 12 (the Birthday of President Abraham Lincoln); the first Monday in March (known as Casimir Pulaski's birthday); the second Monday in October (Columbus Day); and November 11 (Veterans' Day), provided that: (1) the person or persons honored by the holiday are | ||
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(2) the entity that chooses to exercise this | ||
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(c) Commemorative holidays, which recognize specified patriotic, civic,
cultural or historical persons, activities, or events, are regular school
days. Commemorative
holidays are: January 17 (the birthday of Muhammad Ali), January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), September 17 (Constitution Day), the school day
immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and Afghanistan Veterans Remembrance Day), December 7 (Pearl Harbor Veterans' Day), and
any day so appointed by the President or
Governor. School boards may establish commemorative holidays whenever in
their judgment such action is advisable.
School boards shall include instruction relative to commemorated persons,
activities, or
events on the commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction may be deemed
appropriate. The State Board of Education shall prepare and make available
to school boards instructional materials relative to commemorated persons,
activities,
or events which may be used by school boards in conjunction with any
instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe March 4 of each year as
a commemorative holiday. This holiday shall be known as Mayors' Day which
shall be a day to commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late Mayor Richard
J. Daley and the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the following Monday. (e) Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. All government offices, with the exception of election authorities, shall be closed unless authorized to be used as a location for election day services or as a polling place. Notwithstanding any other provision of State law to the contrary, November 8, 2022 shall be a State holiday known as 2022 General Election Day and shall be observed throughout the State under Public Act 102-15.
(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff. 5-13-22; 103-15, eff. 7-1-23.)
(Text of Section from P.A. 103-395)
Sec. 24-2. Holidays. (a) Teachers shall not be required
to teach on Saturdays, nor, except as provided in subsection (b) of this Section, shall teachers, educational support personnel employees, or other school
employees, other than noncertificated school employees whose presence is
necessary because of an emergency or for the continued operation and
maintenance of school facilities or property, be
required to work on legal school
holidays, which are January 1, New Year's Day; the third Monday in
January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the
first Monday in March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law; June 19, Juneteenth National Freedom Day; July 4,
Independence Day; the first Monday in September, Labor Day; the second Monday
in October, Columbus Day; November 11, Veterans' Day; the Thursday in
November commonly called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their judgment such
action is advisable. No deduction shall
be made from the time or
compensation of a school employee, including an educational support personnel employee, on account of any legal
or special holiday in which that employee would have otherwise been scheduled to work but for the legal or special holiday.
(b) A school board or other entity eligible to apply for waivers and modifications under Section 2-3.25g of this Code is authorized to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on the third Monday in January (the Birthday of Dr. Martin Luther King, Jr.); February 12 (the Birthday of President Abraham Lincoln); the first Monday in March (known as Casimir Pulaski's birthday); the second Monday in October (Columbus Day); and November 11 (Veterans' Day), provided that: (1) the person or persons honored by the holiday are | ||
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(2) the entity that chooses to exercise this | ||
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(c) Commemorative holidays, which recognize specified patriotic, civic,
cultural or historical persons, activities, or events, are regular school
days. Commemorative
holidays are: January 17 (the birthday of Muhammad Ali), January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), the school day
immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and Afghanistan Veterans Remembrance Day), December 7 (Pearl Harbor Veterans' Day), and
any day so appointed by the President or
Governor. School boards may establish commemorative holidays whenever in
their judgment such action is advisable.
School boards shall include instruction relative to commemorated persons,
activities, or
events on the commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction may be deemed
appropriate. The State Board of Education shall prepare and make available
to school boards instructional materials relative to commemorated persons,
activities,
or events which may be used by school boards in conjunction with any
instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe March 4 of each year as
a commemorative holiday. This holiday shall be known as Mayors' Day which
shall be a day to commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late Mayor Richard
J. Daley and the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the following Monday. (e) Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. All government offices, with the exception of election authorities, shall be closed unless authorized to be used as a location for election day services or as a polling place. Notwithstanding any other provision of State law to the contrary, November 8, 2022 shall be a State holiday known as 2022 General Election Day and shall be observed throughout the State under Public Act 102-15.
(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff. 5-13-22; 103-395, eff. 1-1-24.)
(Text of Section from P.A. 103-467)
Sec. 24-2. Holidays. (a) Teachers shall not be required
to teach on Saturdays, nor, except as provided in subsection (b) of this Section, shall teachers or other school
employees, other than noncertificated school employees whose presence is
necessary because of an emergency or for the continued operation and
maintenance of school facilities or property, be
required to work on legal school
holidays, which are January 1, New Year's Day; the third Monday in
January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the
first Monday in March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law; June 19, Juneteenth National Freedom Day; July 4,
Independence Day; the first Monday in September, Labor Day; the second Monday
in October, Columbus Day; November 11, Veterans' Day; the Thursday in
November commonly called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their judgment such
action is advisable. No deduction shall
be made from the time or
compensation of a school employee on account of any legal
or special holiday.
(b) A school board or other entity eligible to apply for waivers and modifications under Section 2-3.25g of this Code is authorized to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on the third Monday in January (the Birthday of Dr. Martin Luther King, Jr.); February 12 (the Birthday of President Abraham Lincoln); the first Monday in March (known as Casimir Pulaski's birthday); the second Monday in October (Columbus Day); and November 11 (Veterans' Day), provided that: (1) the person or persons honored by the holiday are | ||
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(2) the entity that chooses to exercise this | ||
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(c) Commemorative holidays, which recognize specified patriotic, civic,
cultural or historical persons, activities, or events, are regular school
days. Commemorative
holidays are: January 17 (the birthday of Muhammad Ali), January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), the school day
immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and Afghanistan Veterans Remembrance Day), December 7 (Pearl Harbor Veterans' Day), and
any day so appointed by the President or
Governor. School boards may establish commemorative holidays whenever in
their judgment such action is advisable.
School boards shall include instruction relative to commemorated persons,
activities, or
events on the commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction may be deemed
appropriate. The State Board of Education shall prepare and make available
to school boards instructional materials relative to commemorated persons,
activities,
or events which may be used by school boards in conjunction with any
instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe March 4 of each year as
a commemorative holiday. This holiday shall be known as Mayors' Day which
shall be a day to commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late Mayor Richard
J. Daley and the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the following Monday. (e) Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. All government offices, with the exception of election authorities, shall be closed unless authorized to be used as a location for election day services or as a polling place. Notwithstanding any other provision of State law to the contrary, November 8, 2022 shall be a State holiday known as 2022 General Election Day and shall be observed throughout the State under Public Act 102-15. Notwithstanding any other provision of State law to the contrary, November 5, 2024 shall be a State holiday known as
2024 General Election Day and shall be observed throughout this
State pursuant to this amendatory Act of the 103rd General Assembly.
(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff. 5-13-22; 103-467, eff. 8-4-23.)
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(105 ILCS 5/24-3) (from Ch. 122, par. 24-3)
Sec. 24-3. Attendance at teachers' institute. The days in any school year spent by a teacher or educational support personnel during the term time
spent in attendance upon a teachers' institute or equivalent professional
educational experiences held under the direction of the county
superintendent of schools shall be considered time expended in the service
of the district and no deduction of wages shall be made for such
attendance. The board may make a pro-rata deduction from the salary of
any teacher or educational support personnel who fail or refuse to attend such institute, unless, in the case of educational support personnel, they are exempt from attending.
The boards shall close the schools for county institute.
(Source: P.A. 97-525, eff. 1-1-12.)
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(105 ILCS 5/24-3.5) Sec. 24-3.5. Attendance for federal advocacy work. Any teacher who is a member of a statewide association representing teachers and who is elected by the association's membership to represent the association in federal advocacy work may spend up to 10 days during a school term representing the association in federal advocacy work. No deduction of wages may be made for such absence, and the statewide association shall reimburse the employing school district for the cost of the need for a substitute teacher as the result of the teacher's absence.(Source: P.A. 103-308, eff. 1-1-24.) |
(105 ILCS 5/24-4) (from Ch. 122, par. 24-4)
Sec. 24-4.
The color, race, sex, nationality, religion or religious affiliation
of any applicant seeking employment either as a superintendent, principal,
teacher or otherwise in the public elementary or high schools, shall not
be considered either a qualification or disqualification for any such employment.
Nor shall color, race, sex, nationality, religion or religious affiliation
be considered in assigning any person to an office or position or to any
school in the school system. If any member of a school board, superintendent,
principal or other school officer violates the foregoing provision or directly
or indirectly requires, asks or seeks information concerning the color,
race, sex, nationality, religion or religious affiliation of any person
in connection with his employment or assignment, or if any person, agency,
bureau, corporation or association employed or maintained to obtain or aid
in obtaining employment of the kind described, directly or indirectly requires,
asks, seeks, indicates or transmits orally or in writing information concerning
the color, race, sex, nationality, religion or religious affiliation of
an applicant for such employment, with the intent to influence such appointment,
he shall be liable to a penalty of not less than $100 nor more than $500,
to be recovered by the person aggrieved thereby in any court of competent
jurisdiction, and he shall be guilty of a Class B misdemeanor.
(Source: P.A. 81-1509.)
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(105 ILCS 5/24-4.1) (from Ch. 122, par. 24-4.1)
Sec. 24-4.1.
Residence requirements.) Residency within any school district
shall not be considered in determining the employment or the compensation
of a teacher or whether to retain, promote, assign or transfer that teacher.
(Source: P.A. 82-381.)
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(105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
Sec. 24-5. Physical fitness and professional growth. (a) In this Section, "employee" means any employee of a school district, a student teacher, an employee of a contractor that provides services to students or in schools, or any other individual subject to the requirements of Section 10-21.9 or 34-18.5 of this Code. (b) This subsection (b) does not apply to substitute teacher employees. School boards shall require of new employees evidence of physical
fitness to perform duties assigned and freedom from communicable disease. Such evidence shall consist of a physical
examination
by a physician licensed in Illinois or any other state to practice medicine
and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant not more than 90 days preceding time of
presentation to the board, and the cost of such examination shall rest with the
employee. A new or existing employee may be subject to additional health examinations, including screening for tuberculosis, as required by rules adopted by the Department of Public Health or by order of a local public health official. The board may from time to time require an examination of any
employee by a physician licensed in Illinois to practice medicine and
surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant and shall pay the expenses thereof from school
funds. (b-5) School boards may require of new substitute teacher employees evidence of physical fitness to perform duties assigned and shall require of new substitute teacher employees evidence of freedom from communicable disease. Evidence may consist of a physical examination by a physician licensed in Illinois or any other state to practice medicine and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant not more than 90 days preceding time of
presentation to the board, and the cost of such examination shall rest with the substitute teacher employee. A new or existing substitute teacher employee may be subject to additional health examinations, including screening for tuberculosis, as required by rules adopted by the Department of Public Health or by order of a local public health official. The board may from time to time require an examination of any substitute teacher employee by a physician licensed in Illinois to practice medicine and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant and shall pay the expenses thereof from school
funds. (c) School boards may require teachers in their employ to furnish from
time to time evidence of continued professional growth.
(Source: P.A. 100-513, eff. 1-1-18; 100-855, eff. 8-14-18; 101-81, eff. 7-12-19.)
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(105 ILCS 5/24-6)
Sec. 24-6. Sick leave. The school boards of all school districts, including special charter
districts, but not including school districts in municipalities of 500,000
or more, shall grant their full-time teachers, and also shall grant
such of their other employees as are eligible to participate in the
Illinois Municipal Retirement Fund under the "600-Hour Standard"
established, or under such other eligibility participation standard as may
from time to time be established, by rules and regulations now or hereafter
promulgated by the Board of that Fund under Section 7-198 of the Illinois
Pension Code, as now or hereafter amended, sick leave
provisions not less in amount than 10 days at full pay in each school year.
If any such teacher or employee does not use the full amount of annual leave
thus allowed, the unused amount shall be allowed to accumulate to a minimum
available leave of 180 days at full pay, including the leave of the current
year. Sick leave shall be interpreted to mean personal illness, mental or behavioral health complications, quarantine
at home, or serious illness or death in the immediate family or household.
The school board may require a certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, a licensed physician assistant, or, if the treatment
is by prayer or spiritual means, a spiritual adviser or
practitioner of the teacher's or employee's faith as a basis for pay during leave after
an absence of 3 days for personal illness or as the school board may deem necessary in
other cases. If the school board does require a
certificate
as a basis for pay during leave of
less than 3 days for personal illness, the school board shall pay, from school funds, the
expenses incurred by the teachers or other employees in obtaining the certificate.
Sick leave shall also be interpreted to mean birth, adoption, placement for adoption, and the acceptance of a child in need of foster care. Teachers and other employees to which this Section applies are entitled to use up to 30 days of paid sick leave because of the birth of a child that is not dependent on the need to recover from childbirth. Paid sick leave because of the birth of a child may be used absent medical certification for up to 30 working school days, which days may be used at any time within the 12-month period following the birth of the child. The use of up to 30 working school days of paid sick leave because of the birth of a child may not be diminished as a result of any intervening period of nonworking days or school not being in session, such as for summer, winter, or spring break or holidays, that may occur during the use of the paid sick leave. For paid sick leave for adoption, placement for adoption, or the acceptance of a child in need of foster care, the school board may require that the teacher or other employee to which this Section applies provide evidence that the formal adoption process or the formal foster care process is underway, and such sick leave is limited to 30 days unless a longer leave has been negotiated with the exclusive bargaining representative. Paid sick leave for adoption, placement for adoption, or the acceptance of a child in need of foster care need not be used consecutively once the formal adoption process or the formal foster care process is underway, and such sick leave may be used for reasons related to the formal adoption process or the formal foster care process prior to taking custody of the child or accepting the child in need of foster care, in addition to using such sick leave upon taking custody of the child or accepting the child in need of foster care. If, by reason of any change in the boundaries of school districts, or by
reason of the creation of a new school district, the employment of a
teacher is transferred to a new or different board, the accumulated sick
leave of such teacher is not thereby lost, but is transferred to such new
or different district.
Any sick leave used by a teacher or employee during the 2021-2022 school year shall be returned to a teacher or employee who receives all doses required to be fully vaccinated against COVID-19, as defined in Section 10-20.83 of this Code, if: (1) the sick leave was taken because the teacher or | ||
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(A) had a confirmed positive COVID-19 diagnosis | ||
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(B) had a probable COVID-19 diagnosis via an | ||
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(C) was in close contact with a person who had a | ||
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(D) was required by the school or school district | ||
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(2) the sick leave was taken to care for a child of | ||
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(A) had a confirmed positive COVID-19 diagnosis | ||
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(B) had a probable COVID-19 diagnosis via an | ||
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(C) was in close contact with a person who had a | ||
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(D) was required by the school or school district | ||
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For purposes of return of sick leave used in the 2021-2022 school year pursuant this Section, an "employee" is a teacher or employee employed by the school district on or after April 5, 2022 (the effective date of Public Act 102-697). Leave shall be returned to a teacher or employee pursuant to this Section provided that the teacher or employee has received all required doses to meet the definition of "fully vaccinated against COVID-19" under Section 10-20.83 of this Code no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697). No school may rescind any sick leave returned to a teacher or employee on the basis of a revision to the definition of "fully vaccinated against COVID-19" by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or the Department of Public Health, provided that the teacher or employee received all doses required to be fully vaccinated against COVID-19, as defined in Section 10-20.83 of this Code, at the time the sick leave was returned to the teacher or employee. For purposes of this Section, "immediate family" shall include parents,
spouse, brothers, sisters, children, grandparents, grandchildren,
parents-in-law, brothers-in-law, sisters-in-law, and legal guardians.
(Source: P.A. 102-275, eff. 8-6-21; 102-697, eff. 4-5-22; 102-866, eff. 5-13-22; 103-154, eff. 6-30-23.)
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(105 ILCS 5/24-6.1) (from Ch. 122, par. 24-6.1)
Sec. 24-6.1.
Sabbatical leave.
Every school board may grant a sabbatical leave of absence to a teacher,
principal or superintendent performing contractual continued service, for a
period of at least 4 school months but not in excess of one school term,
for resident study, research, travel or other purposes designed to improve
the school system. The grant of a sabbatical leave by a school board shall
constitute a finding that the leave is deemed to benefit the school system
by improving the quality and level of experience of the teaching force.
This leave may be granted after completion of at least 6 years of
satisfactory service as a full time teacher, principal or superintendent
and may again be granted after completion of a subsequent period of 6 years
of such service. However, 2 sabbatical leaves, each consisting of at least
4 months but totaling no more than the equivalent of one school year, may
be granted within a 6 year period. A leave granted for a period of one
school year or less
shall bar a further sabbatical leave until completion of 6 years additional
satisfactory service, except that 2 leaves which total no more than the
equivalent of one school year shall bar a further sabbatical leave only
until the completion of 6 years additional satisfactory service following
the completion of the first such leave. The leave shall be conditional
upon a plan for
resident study, research, travel or other activities proposed by the
applicant and deemed by the board to benefit the school system, which plan
shall be approved by the board and not thereafter modified without the
approval of the board.
Before a leave is granted pursuant to this Section, the applicant shall
agree in writing that if at the expiration of such leave he does not return
to and perform contractual continued service in the district for at least
one school year after his return, all sums of money received from the board
during his sabbatical leave will be refunded to the board unless such
return and performance is prevented by illness or incapacity.
During absence pursuant to such leave, such teacher, principal or
superintendent shall receive the same basic salary as if in actual service,
except that there may be deducted therefrom an amount equivalent to the
amount payable for substitute service. However, such salary after deduction
for substitute service shall in no case be less than the minimum provided
by Section 24-8 of this Act or 1/2 of the basic salary, whichever is
greater. The person on leave shall not engage in any activity for which
salary or compensation is paid unless the activity is directly related to
the purpose for which the leave is granted and is approved by the board. A
sabbatical leave may be granted to enable the applicant, if otherwise
eligible, to accept scholarships for study or research. Unless justified by
illness or incapacity, failure of any person granted a leave under this
Section to devote the entire period to the purposes for which the leave was
granted shall constitute a cause for removal from teaching service.
Upon expiration of a leave granted pursuant to this Section, and upon
presentation of evidence satisfactory to the board showing compliance with
the conditions of the leave, the teacher, principal or superintendent shall
be returned to a position equivalent to that formerly occupied. The
contractual continued service status of the person on sabbatical leave
shall not be affected.
Absence during a leave granted pursuant to this Section shall not be
construed as a discontinuance of service for any purpose, including
progression on the salary schedule if one is in effect in the district. The
board shall pay the contribution to the Teachers' Retirement System
required of the person on leave computed on the annual full-time salary
rate under which the member last received earnings immediately prior to the
leave or a proportionate part of such rate for a partial year of sabbatical
leave credit.
This Section in no way limits the power of the board to grant leaves for
other purposes.
(Source: P.A. 83-186.)
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(105 ILCS 5/24-6.2) (from Ch. 122, par. 24-6.2)
Sec. 24-6.2.
Association president leave.
Each school board shall grant
paid leaves of absence to the local association president of a state teacher
association that is an exclusive bargaining agent in the district, or his
or her teacher designee, for the purpose of attending meetings, workshops
or seminars designated by the State Board of Education, the regional superintendent
of schools, the general superintendent of schools in a school district subject
to the provisions of Article 34, or the superintendent of schools in any
school district having a population of less than 500,000 inhabitants to
deal with issues arising
from the education reform legislation of the 84th General Assembly.
(Source: P.A. 84-1401.)
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(105 ILCS 5/24-6.3) (from Ch. 122, par. 24-6.3)
Sec. 24-6.3. Retirement trustee leave. (a) Each school board
employing a teacher who is an elected trustee of the Teachers' Retirement
System of the State of Illinois shall make available to the elected trustee
at least 20 days of paid leave of absence per year for the purpose of
attending meetings of the System's Board of Trustees, committee meetings of
such Board, and seminars regarding issues for which such Board is
responsible. The Teachers' Retirement System of the State of Illinois shall
reimburse affected school districts for the actual cost of hiring a
substitute teacher during such leaves of absence.
(b) Each school board employing an employee who is an elected trustee of the Illinois Municipal Retirement Fund shall make available to the elected trustee at least 20 days of paid leave of absence per year for the purpose of attending meetings of the Fund's Board of Trustees, committee meetings of the Board of Trustees, and seminars regarding issues for which the Board of Trustees is responsible. The Illinois Municipal Retirement Fund may reimburse affected school districts for the actual cost of hiring a substitute employee during such leaves of absence. (c) The school board established under Article 34 and employers under Article 17 of the Illinois Pension Code shall make available to each active teacher who is an elected trustee of the Board of Trustees of the Public School Teachers' Pension and Retirement Fund of Chicago established under Article 17 of the Illinois Pension Code up to 22 days of paid leave of absence per year for the purpose of attending meetings of the Board of Trustees, committee meetings of the Board of Trustees, and seminars regarding issues for which the Board of Trustees is responsible. The allocation of the days of paid leave shall be at the discretion of the Board of Trustees of the Public School Teachers' Pension and Retirement Fund of Chicago. (Source: P.A. 103-552, eff. 8-11-23.)
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(105 ILCS 5/24-6.4) Sec. 24-6.4. Family and medical leave coverage. A school district employee who has been employed by the school district for at least 12 months and who has worked at least 1,000 hours in the previous 12-month period shall be eligible for family and medical leave under the same terms and conditions as leave provided to eligible employees under the federal Family and Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22.) |
(105 ILCS 5/24-7) (from Ch. 122, par. 24-7)
Sec. 24-7.
Discrimination on account of sex.
In fixing salaries of certificated employees school boards shall make no
discrimination on account of sex.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/24-8) (from Ch. 122, par. 24-8)
Sec. 24-8. Minimum salary. In fixing the salaries of teachers, school boards shall pay those who
serve on a full-time basis not less than a rate for the school year that
is based upon training completed in a recognized institution of higher
learning, as follows: for the school year beginning July 1, 1980 and
until the 2020-2021 school year, less than a bachelor's degree, $9,000; 120 semester hours or
more and a bachelor's degree, $10,000; 150 semester hours or more and a
master's degree, $11,000. In fixing the salaries of teachers, a school board shall pay those who serve on a full-time basis a rate not less than (i) $32,076 for the 2020-2021 school year, (ii) $34,576 for the 2021-2022 school year, (iii) $37,076 for the 2022-2023 school year, and (iv) $40,000 for the 2023-2024 school year. The minimum salary rate for each school year thereafter shall equal the minimum salary rate for the previous school year increased by a percentage equal to the annualized percentage increase, if any, in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor for the 12-month period ending on June 30 of the school year that ended 12 months prior to the school year in which the adjusted salary is to be in effect.
In accordance with this Section, the Commission on Government Forecasting and Accountability shall certify and publish the minimum salary rate to be used for the 2024-2025 school year no later than September 30, 2023. By no later than July 20, 2024 and annually on or before each July 20 thereafter, the Commission on Government Forecasting and Accountability shall certify and publish the minimum salary rate to be used for each school year after the 2024-2025 school year in accordance with this Section. Based upon previous public school
experience in this State or any other state, territory, dependency or
possession of the United States, or in schools operated by or under the
auspices of the United States, teachers who serve on a full-time basis
shall have their salaries increased to at least the following amounts
above the starting salary for a teacher in such district in the same
classification: with less than a bachelor's degree, $750 after 5 years;
with 120 semester hours or more and a bachelor's degree, $1,000 after 5
years and $1,600 after 8 years; with 150 semester hours or more and a master's
degree, $1,250 after 5 years, $2,000 after 8 years and $2,750 after 13 years.
For the purpose of this Section a teacher's salary shall include any amount
paid by the school district on behalf of the teacher, as teacher contributions,
to the Teachers' Retirement System of the State of Illinois.
If a school board establishes a schedule for teachers' salaries based
on education and experience, not inconsistent with this Section, all certificated
nurses employed by that board shall be paid in accordance with the provisions
of such schedule.
For purposes of this Section, a teacher who submits a certificate of
completion to the school office prior to the first day of the school
term shall be considered to have the degree stated in such certificate.
(Source: P.A. 103-515, eff. 8-11-23.)
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(105 ILCS 5/24-8.5) Sec. 24-8.5. Student teacher; salary. Each school district may provide a salary to a student teacher employed by the district. A school district may fix the amount of salary to pay a student teacher under this Section.
(Source: P.A. 101-220, eff. 8-7-19.) |
(105 ILCS 5/24-9) (from Ch. 122, par. 24-9)
Sec. 24-9.
Teachers duty free lunch period.
Every teacher in any school house where 2 or more teachers are employed
whose duties require attendance at the school for 4 or more clock hours in
any school day shall be entitled to and be allowed a duty free lunch period
equal to the regular local school lunch period but not less than 30 minutes
in each school day.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
Sec. 24-11. Boards of Education - Boards of School Inspectors -
Contractual continued service. (a) As used in this and the succeeding
Sections of this Article:
"Teacher" means any or all school district employees regularly required to be licensed
under laws relating to the licensure of teachers.
"Board" means board of directors, board of education, or board of school
inspectors, as the case may be.
"School term" means that portion of the school year, July 1 to the following
June 30, when school is in actual session.
"Program" means a program of a special education joint agreement. "Program of a special education joint agreement" means instructional, consultative, supervisory, administrative, diagnostic, and related services that are managed by a special educational joint agreement designed to service 2 or more school districts that are members of the joint agreement. "PERA implementation date" means the implementation date of an evaluation system for teachers as specified by Section 24A-2.5 of this Code for all schools within a school district or all programs of a special education joint agreement. (b) This Section and Sections 24-12 through 24-16 of this Article apply only to
school districts having less than 500,000 inhabitants.
(c) Any teacher who is first employed as a full-time teacher in a school district or program prior to the PERA implementation date and who is employed in that district or program for
a probationary period of 4 consecutive school terms shall enter upon
contractual continued service in the district or in all of the programs that the teacher is legally qualified to hold, unless the teacher is given written notice of dismissal by certified mail, return receipt requested, by
the employing board at least 45 days before the end of any school term within such
period.
(d) For any teacher who is first employed as a full-time teacher in a school district or program on or after the PERA implementation date but before July 1, 2023, the probationary period shall be one of the following periods, based upon the teacher's school terms of service and performance, before the teacher shall enter upon contractual continued service in the district or in all of the programs that the teacher is legally qualified to hold, unless the teacher is given written notice of dismissal by certified mail, return receipt requested, by the employing board on or before April 15: (1) 4 consecutive school terms of service in which | ||
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(2) 3 consecutive school terms of service in which | ||
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(3) 2 consecutive school terms of service in which | ||
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If the teacher does not receive overall annual evaluations of "Excellent" in the school terms necessary for eligibility to achieve accelerated contractual continued service in subdivisions (2) and (3) of this subsection (d), the teacher shall be eligible for contractual continued service pursuant to subdivision (1) of this subsection (d). If, at the conclusion of 4 consecutive school terms of service that count toward attainment of contractual continued service, the teacher's performance does not qualify the teacher for contractual continued service under subdivision (1) of this subsection (d), then the teacher shall not enter upon contractual continued service and shall be dismissed. If a performance evaluation is not conducted for any school term when such evaluation is required to be conducted under Section 24A-5 of this Code, then the teacher's performance evaluation rating for such school term for purposes of determining the attainment of contractual continued service shall be deemed "Proficient", except that, during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, this default to "Proficient" does not apply to any teacher who has entered into contractual continued service and who was deemed "Excellent" on his or her most recent evaluation. During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation was deemed "Excellent", and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed "Excellent". A school board and any exclusive bargaining representative may mutually agree to an alternate performance rating for teachers not in contractual continued service during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, as long as the agreement is in writing. (d-5) For any teacher who is first employed as a full-time teacher in a school district or program on or after July 1, 2023, the probationary period shall be one of the following periods, based upon the teacher's school terms of service and performance, before the teacher shall enter upon contractual continued service in the district or in all of the programs that the teacher is legally qualified to hold, unless the teacher is given written notice of dismissal by certified mail, return receipt requested, by the employing board on or before April 15: (1) 3 consecutive school terms of service in which | ||
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(2) 2 consecutive school terms of service in which | ||
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(3) 2 consecutive school terms of service in which | ||
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If the teacher does not receive overall annual evaluations of "Excellent" in the school terms necessary for eligibility to achieve accelerated contractual continued service in subdivisions (2) and (3) of this subsection (d), the teacher shall be eligible for contractual continued service pursuant to subdivision (1) of this subsection (d). If, at the conclusion of 3 consecutive school terms of service that count toward attainment of contractual continued service, the teacher's performance does not qualify the teacher for contractual continued service under subdivision (1) of this subsection (d), then the teacher shall not enter upon contractual continued service and shall be dismissed. If a performance evaluation is not conducted for any school term when such evaluation is required to be conducted under Section 24A-5 of this Code, then the teacher's performance evaluation rating for such school term for purposes of determining the attainment of contractual continued service shall be deemed "Proficient", except that, during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, this default to "Proficient" does not apply to any teacher who has entered into contractual continued service and who was deemed "Excellent" on his or her most recent evaluation. During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation was deemed "Excellent", and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed "Excellent". A school board and any exclusive bargaining representative may mutually agree to an alternate performance rating for teachers not in contractual continued service during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, as long as the agreement is in writing. (e) For the purposes of determining contractual continued service, a school term shall be counted only toward attainment of contractual continued service if the teacher actually teaches or is otherwise present and participating in the district's or program's educational program for 120 days or more, provided that the days of leave under the federal Family Medical Leave Act that the teacher is required to take until the end of the school term shall be considered days of teaching or participation in the district's or program's educational program. A school term that is not counted toward attainment of contractual continued service shall not be considered a break in service for purposes of determining whether a teacher has been employed for consecutive school terms, provided that the teacher actually teaches or is otherwise present and participating in the district's or program's educational program in the following school term. (f) If the employing board determines to dismiss the teacher in the last year of the probationary period as provided in subsection (c) of this Section or subdivision (1) or (2) of subsection (d) of this Section or subdivision (1) or (2) of subsection (d-5) of this Section, but not subdivision (3) of subsection (d) of this Section or subdivision (3) of subsection (d-5) of this Section, the written notice of dismissal provided by the employing board must contain specific reasons for dismissal. Any full-time teacher who does not receive written notice from the employing board on or before April 15 as provided in this Section and whose performance does not require dismissal after the fourth probationary year pursuant to subsection (d) of this Section or the third probationary year pursuant to subsection (d-5) of this Section shall be re-employed for the following school term.
(g) Contractual continued service shall continue in effect the terms and
provisions of the contract with the teacher during the last school term
of the probationary period, subject to this Act and the lawful
regulations of the employing board. This Section and succeeding Sections
do not modify any existing power of the board except with respect to the
procedure of the discharge of a teacher and reductions in salary as
hereinafter provided. Contractual continued service status shall not
restrict the power of the board to transfer a teacher to a position
which the teacher is qualified to fill or to make such salary
adjustments as it deems desirable, but unless reductions in salary are
uniform or based upon some reasonable classification, any teacher whose
salary is reduced shall be entitled to a notice and a hearing as
hereinafter provided in the case of certain dismissals or removals.
(h) If, by reason of any change in the boundaries of school districts, by reason of a special education cooperative reorganization or dissolution in accordance with Section 10-22.31 of this Code, or by reason of the creation of a new school district, the position held by any teacher having a contractual continued service status is transferred from one board to the control of a new or different board, then the contractual continued service status of the teacher is not thereby lost, and such new or different board is subject to this Code with respect to the teacher in the same manner as if the teacher were its employee and had been its employee during the time the teacher was actually employed by the board from whose control the position was transferred. (i) The employment of any teacher in a program of a special education joint
agreement established under Section 3-15.14, 10-22.31 or 10-22.31a shall be governed by
this and succeeding Sections of this Article. For purposes of
attaining and maintaining contractual continued service and computing
length of continuing service as referred to in this Section and Section
24-12, employment in a special educational joint program shall be deemed a
continuation of all previous licensed employment of such teacher for
such joint agreement whether the employer of the teacher was the joint
agreement, the regional superintendent, or one of the participating
districts in the joint agreement.
(j) For any teacher employed after July 1, 1987 as a full-time teacher in a program of a special education joint agreement, whether the program is operated by the joint agreement or a member district on behalf of the joint agreement, in the event of a reduction in the number of programs or positions in the joint agreement in which the notice of dismissal is provided on or before the end of the 2010-2011 school term, the teacher in contractual continued service is eligible for employment in the joint agreement programs for which the teacher is legally qualified in order of greater length of continuing service in the joint agreement, unless an alternative method of determining the sequence of dismissal is established in a collective bargaining agreement. For any teacher employed after July 1, 1987 as a full-time teacher in a program of a special education joint agreement, whether the program is operated by the joint agreement or a member district on behalf of the joint agreement, in the event of a reduction in the number of programs or positions in the joint agreement in which the notice of dismissal is provided during the 2011-2012 school term or a subsequent school term, the teacher shall be included on the honorable dismissal lists of all joint agreement programs for positions for which the teacher is qualified and is eligible for employment in such programs in accordance with subsections (b) and (c) of Section 24-12 of this Code and the applicable honorable dismissal policies of the joint agreement. (k) For any teacher employed after July 1, 1987 as a full-time teacher in a program of a special education joint agreement, whether the program is operated by the joint agreement or a member district on behalf of the joint agreement, in the event of the dissolution of a joint agreement, in which the notice to teachers of the dissolution is provided during the 2010-2011 school term, the teacher in contractual continued service who is legally qualified shall be assigned to any comparable position in a member district currently held by a teacher who has not entered upon contractual continued service or held by a teacher who has entered upon contractual continued service with a shorter length of contractual continued service. Any teacher employed after July 1, 1987 as a full-time teacher in a program of a special education joint agreement, whether the program is operated by the joint agreement or a member district on behalf of the joint agreement, in the event of the dissolution of a joint agreement in which the notice to teachers of the dissolution is provided during the 2011-2012 school term or a subsequent school term, the teacher who is qualified shall be included on the order of honorable dismissal lists of each member district and shall be assigned to any comparable position in any such district in accordance with subsections (b) and (c) of Section 24-12 of this Code and the applicable honorable dismissal policies of each member district.
(l) The governing board of the joint agreement, or the administrative
district, if so authorized by the articles of agreement of the joint
agreement, rather than the board of education of a school district, may
carry out employment and termination actions including dismissals under
this Section and Section 24-12.
(m) The employment of any teacher in a special education program
authorized by Section 14-1.01 through 14-14.01, or a joint educational
program established under Section 10-22.31a, shall be under this and the
succeeding Sections of this Article, and such employment shall be deemed
a continuation of the previous employment of such teacher in any of the
participating districts, regardless of the participation of other
districts in the program. (n) Any teacher employed as a full-time teacher in
a special education program prior to September 23, 1987 in which 2 or
more school districts
participate for a probationary period of 2 consecutive years shall enter
upon contractual continued service in each of the participating
districts, subject to this and the succeeding Sections of this Article,
and, notwithstanding Section 24-1.5 of this Code, in the event of the termination of the program shall be eligible for
any vacant position in any of such districts for which such teacher is
qualified.
(Source: P.A. 102-552, eff. 1-1-22; 102-854, eff. 5-13-22; 103-500, eff. 8-4-23.)
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(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
(Text of Section from P.A. 103-354)
Sec. 24-12. Removal or dismissal of teachers in contractual
continued service. (a) This subsection (a) applies only to honorable dismissals and recalls in which the notice of dismissal is provided on or before the end of the 2010-2011 school term. If a teacher in contractual continued service is
removed or dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue some
particular type of teaching service, written notice shall be mailed to the
teacher and also given the
teacher either by certified mail, return receipt requested or
personal delivery with receipt at least 60
days before
the end of the school term, together with a statement of honorable
dismissal and the reason therefor, and in all such cases the board shall
first remove or dismiss all teachers who have not entered upon contractual
continued service before removing or dismissing any teacher who has entered
upon contractual continued service and who is legally qualified to hold a
position currently held by a teacher who has not entered upon contractual
continued service. As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter length of
continuing service with the district shall be dismissed first
unless an alternative method of determining the sequence of dismissal is
established in a collective bargaining agreement or contract between the
board and a professional faculty members' organization and except that
this provision shall not impair the operation of any affirmative action
program in the district, regardless of whether it exists by operation of
law or is conducted on a voluntary basis by the board. Any teacher
dismissed as a result of such decrease or discontinuance shall be paid
all earned compensation on or before the third business day following
the last day of pupil attendance in the regular school term. If the
board has any vacancies for the following school term or within one
calendar year from the beginning of the following school term, the
positions thereby becoming available shall be tendered to the teachers
so removed or dismissed so far as they are legally qualified to hold
such positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of the number of full-time
equivalent positions filled by certified employees (excluding
principals and administrative personnel) during the preceding school year,
then if the board has any vacancies for the following school term or within
2 calendar years from the beginning of the following
school term, the positions so becoming available shall be tendered to the
teachers who were so notified and removed or dismissed whenever they are
legally qualified to hold such positions. Each board shall, in consultation
with any exclusive employee representatives, each year establish a list,
categorized by positions, showing the length of continuing service of each
teacher who is qualified to hold any such positions, unless an alternative
method of determining a sequence of dismissal is established as provided
for in this Section, in which case a list shall be made in accordance with
the alternative method. Copies of the list shall be distributed to the
exclusive employee representative on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon economic
necessity exceeds 5, or 150% of the average number of teachers honorably
dismissed in the preceding 3 years, whichever is more, then the board also
shall hold a public hearing on the question of the dismissals. Following
the hearing and board review, the action to approve any such reduction shall
require a majority vote of the board members.
(b) This subsection (b) applies only to honorable dismissals and recalls in which the notice of dismissal is provided during the 2011-2012 school term or a subsequent school term. If any teacher, whether or not in contractual continued service, is removed or dismissed as a result of a decision of a school board to decrease the number of teachers employed by the board, a decision of a school board to discontinue some particular type of teaching service, or a reduction in the number of programs or positions in a special education joint agreement, then written notice must be mailed to the teacher and also given to the teacher either by electronic mail, certified mail, return receipt requested, or personal delivery with receipt at least 45 days before the end of the school term, together with a statement of honorable dismissal and the reason therefor, and in all such cases the sequence of dismissal shall occur in accordance with this subsection (b); except that this subsection (b) shall not impair the operation of any affirmative action program in the school district, regardless of whether it exists by operation of law or is conducted on a voluntary basis by the board. Each teacher must be categorized into one or more positions for which the teacher is qualified to hold, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the school year during which the sequence of dismissal is determined. Within each position and subject to agreements made by the joint committee on honorable dismissals that are authorized by subsection (c) of this Section, the school district or joint agreement must establish 4 groupings of teachers qualified to hold the position as follows: (1) Grouping one shall consist of each teacher who is | ||
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(2) Grouping 2 shall consist of each teacher with a | ||
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(3) Grouping 3 shall consist of each teacher with a | ||
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(4) Grouping 4 shall consist of each teacher whose | ||
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Among teachers qualified to hold a position, teachers must be dismissed in the order of their groupings, with teachers in grouping one dismissed first and teachers in grouping 4 dismissed last. Within grouping one, the sequence of dismissal must be at the discretion of the school district or joint agreement. Within grouping 2, the sequence of dismissal must be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. A teacher's average performance evaluation rating must be calculated using the average of the teacher's last 2 performance evaluation ratings, if 2 ratings are available, or the teacher's last performance evaluation rating, if only one rating is available, using the following numerical values: 4 for Excellent; 3 for Proficient or Satisfactory; 2 for Needs Improvement; and 1 for Unsatisfactory. As between or among teachers in grouping 2 with the same average performance evaluation rating and within each of groupings 3 and 4, the teacher or teachers with the shorter length of continuing service with the school district or joint agreement must be dismissed first unless an alternative method of determining the sequence of dismissal is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization. Each board, including the governing board of a joint agreement, shall, in consultation with any exclusive employee representatives, each year establish a sequence of honorable dismissal list categorized by positions and the groupings defined in this subsection (b). Copies of the list showing each teacher by name and categorized by positions and the groupings defined in this subsection (b) must be distributed to the exclusive bargaining representative at least 75 days before the end of the school term, provided that the school district or joint agreement may, with notice to any exclusive employee representatives, move teachers from grouping one into another grouping during the period of time from 75 days until 45 days before the end of the school term. Each year, each board shall also establish, in consultation with any exclusive employee representatives, a list showing the length of continuing service of each teacher who is qualified to hold any such positions, unless an alternative method of determining a sequence of dismissal is established as provided for in this Section, in which case a list must be made in accordance with the alternative method. Copies of the list must be distributed to the exclusive employee representative at least 75 days before the end of the school term. Any teacher dismissed as a result of such decrease or discontinuance must be paid all earned compensation on or before the third business day following the last day of pupil attendance in the regular school term. If the board or joint agreement has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 3 or 4 of the sequence of dismissal and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available, provided that if the number of honorable dismissal notices based on economic necessity exceeds 15% of the number of full-time equivalent positions filled by certified employees (excluding principals and administrative personnel) during the preceding school year, then the recall period is for the following school term or within 2 calendar years from the beginning of the following school term. If the board or joint agreement has any vacancies within the period from the beginning of the following school term through February 1 of the following school term (unless a date later than February 1, but no later than 6 months from the beginning of the following school term, is established in a collective bargaining agreement), the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 2 of the sequence of dismissal due to one "needs improvement" rating on either of the teacher's last 2 performance evaluation ratings, provided that, if 2 ratings are available, the other performance evaluation rating used for grouping purposes is "satisfactory", "proficient", or "excellent", and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available. On and after July 1, 2014 (the effective date of Public Act 98-648), the preceding sentence shall apply to teachers removed or dismissed by honorable dismissal, even if notice of honorable dismissal occurred during the 2013-2014 school year. Among teachers eligible for recall pursuant to the preceding sentence, the order of recall must be in inverse order of dismissal, unless an alternative order of recall is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization. Whenever the number of honorable dismissal notices based upon economic necessity exceeds 5 notices or 150% of the average number of teachers honorably dismissed in the preceding 3 years, whichever is more, then the school board or governing board of a joint agreement, as applicable, shall also hold a public hearing on the question of the dismissals. Following the hearing and board review, the action to approve any such reduction shall require a majority vote of the board members. For purposes of this subsection (b), subject to agreement on an alternative definition reached by the joint committee described in subsection (c) of this Section, a teacher's performance evaluation rating means the overall performance evaluation rating resulting from an annual or biennial performance evaluation conducted pursuant to Article 24A of this Code by the school district or joint agreement determining the sequence of dismissal, not including any performance evaluation conducted during or at the end of a remediation period. No more than one evaluation rating each school term shall be one of the evaluation ratings used for the purpose of determining the sequence of dismissal. Except as otherwise provided in this subsection for any performance evaluations conducted during or at the end of a remediation period, if multiple performance evaluations are conducted in a school term, only the rating from the last evaluation conducted prior to establishing the sequence of honorable dismissal list in such school term shall be the one evaluation rating from that school term used for the purpose of determining the sequence of dismissal. Averaging ratings from multiple evaluations is not permitted unless otherwise agreed to in a collective bargaining agreement or contract between the board and a professional faculty members' organization. The preceding 3 sentences are not a legislative declaration that existing law does or does not already require that only one performance evaluation each school term shall be used for the purpose of determining the sequence of dismissal. For performance evaluation ratings determined prior to September 1, 2012, any school district or joint agreement with a performance evaluation rating system that does not use either of the rating category systems specified in subsection (d) of Section 24A-5 of this Code for all teachers must establish a basis for assigning each teacher a rating that complies with subsection (d) of Section 24A-5 of this Code for all of the performance evaluation ratings that are to be used to determine the sequence of dismissal. A teacher's grouping and ranking on a sequence of honorable dismissal shall be deemed a part of the teacher's performance evaluation, and that information shall be disclosed to the exclusive bargaining representative as part of a sequence of honorable dismissal list, notwithstanding any laws prohibiting disclosure of such information. A performance evaluation rating may be used to determine the sequence of dismissal, notwithstanding the pendency of any grievance resolution or arbitration procedures relating to the performance evaluation. If a teacher has received at least one performance evaluation rating conducted by the school district or joint agreement determining the sequence of dismissal and a subsequent performance evaluation is not conducted in any school year in which such evaluation is required to be conducted under Section 24A-5 of this Code, the teacher's performance evaluation rating for that school year for purposes of determining the sequence of dismissal is deemed Proficient, except that, during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, this default to Proficient does not apply to any teacher who has entered into contractual continued service and who was deemed Excellent on his or her most recent evaluation. During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or have mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation was deemed Excellent, and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed Excellent. A school board and any exclusive bargaining representative may mutually agree to an alternate performance rating for teachers not in contractual continued service during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, as long as the agreement is in writing. If a performance evaluation rating is nullified as the result of an arbitration, administrative agency, or court determination, then the school district or joint agreement is deemed to have conducted a performance evaluation for that school year, but the performance evaluation rating may not be used in determining the sequence of dismissal. Nothing in this subsection (b) shall be construed as limiting the right of a school board or governing board of a joint agreement to dismiss a teacher not in contractual continued service in accordance with Section 24-11 of this Code. Any provisions regarding the sequence of honorable dismissals and recall of honorably dismissed teachers in a collective bargaining agreement entered into on or before January 1, 2011 and in effect on June 13, 2011 (the effective date of Public Act 97-8) that may conflict with Public Act 97-8 shall remain in effect through the expiration of such agreement or June 30, 2013, whichever is earlier. (c) Each school district and special education joint agreement must use a joint committee composed of equal representation selected by the school board and its teachers or, if applicable, the exclusive bargaining representative of its teachers, to address the matters described in paragraphs (1) through (5) of this subsection (c) pertaining to honorable dismissals under subsection (b) of this Section. (1) The joint committee must consider and may agree | ||
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(2) The joint committee must consider and may agree | ||
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(3) The joint committee may agree to including within | ||
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(4) For each school district or joint agreement that | ||
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(5) Upon request by a joint committee member | ||
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Agreement by the joint committee as to a matter requires the majority vote of all committee members, and if the joint committee does not reach agreement on a matter, then the otherwise applicable requirements of subsection (b) of this Section shall apply. Except as explicitly set forth in this subsection (c), a joint committee has no authority to agree to any further modifications to the requirements for honorable dismissals set forth in subsection (b) of this Section.
The joint committee must be established, and the first meeting of the joint committee each school year must occur on or before December 1. The joint committee must reach agreement on a matter on or before February 1 of a school year in order for the agreement of the joint committee to apply to the sequence of dismissal determined during that school year. Subject to the February 1 deadline for agreements, the agreement of a joint committee on a matter shall apply to the sequence of dismissal until the agreement is amended or terminated by the joint committee. The provisions of the Open Meetings Act shall not apply to meetings of a joint committee created under this subsection (c). (d) Notwithstanding anything to the contrary in this subsection (d), the requirements and dismissal procedures of Section 24-16.5 of this Code shall apply to any dismissal sought under Section 24-16.5 of this Code. (1) If a dismissal of a teacher in contractual | ||
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Before setting a hearing on charges stemming from | ||
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If, in the opinion of the board, the interests of the | ||
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(2) No hearing upon the charges is required unless | ||
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(3) Within 5 business days after receiving a notice | ||
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If notice to the teacher was sent before July 1, 2012 | ||
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If the teacher has requested a hearing before a | ||
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A hearing officer mutually selected by the parties, | ||
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Any hearing convened during a public health emergency | ||
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In this paragraph, "pre-hearing procedures" refers to | ||
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(4) In the alternative to selecting a hearing | ||
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(5) If the notice of dismissal was sent to the | ||
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(6) The teacher is required to answer the bill of | ||
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Each party shall have no more than 3 days to present | ||
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(6.5) In the case of charges involving any witness | ||
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(7) The hearing officer shall, within 30 days from | ||
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(8) The school board, within 45 days after receipt | ||
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If the school board dismisses the teacher | ||
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If the school board retains the teacher, the school | ||
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(9) The decision of the hearing officer pursuant to | ||
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(10) If a decision of the hearing officer for | ||
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Any teacher who is reinstated by any hearing or | ||
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(11) Subject to any later effective date referenced | ||
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(e) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8. (Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24.)
(Text of Section from P.A. 103-398)
Sec. 24-12. Removal or dismissal of teachers in contractual
continued service. (a) This subsection (a) applies only to honorable dismissals and recalls in which the notice of dismissal is provided on or before the end of the 2010-2011 school term. If a teacher in contractual continued service is
removed or dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue some
particular type of teaching service, written notice shall be mailed to the
teacher and also given the
teacher either by certified mail, return receipt requested or
personal delivery with receipt at least 60
days before
the end of the school term, together with a statement of honorable
dismissal and the reason therefor, and in all such cases the board shall
first remove or dismiss all teachers who have not entered upon contractual
continued service before removing or dismissing any teacher who has entered
upon contractual continued service and who is legally qualified to hold a
position currently held by a teacher who has not entered upon contractual
continued service. As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter length of
continuing service with the district shall be dismissed first
unless an alternative method of determining the sequence of dismissal is
established in a collective bargaining agreement or contract between the
board and a professional faculty members' organization and except that
this provision shall not impair the operation of any affirmative action
program in the district, regardless of whether it exists by operation of
law or is conducted on a voluntary basis by the board. Any teacher
dismissed as a result of such decrease or discontinuance shall be paid
all earned compensation on or before the third business day following
the last day of pupil attendance in the regular school term. If the
board has any vacancies for the following school term or within one
calendar year from the beginning of the following school term, the
positions thereby becoming available shall be tendered to the teachers
so removed or dismissed so far as they are legally qualified to hold
such positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of the number of full-time
equivalent positions filled by certified employees (excluding
principals and administrative personnel) during the preceding school year,
then if the board has any vacancies for the following school term or within
2 calendar years from the beginning of the following
school term, the positions so becoming available shall be tendered to the
teachers who were so notified and removed or dismissed whenever they are
legally qualified to hold such positions. Each board shall, in consultation
with any exclusive employee representatives, each year establish a list,
categorized by positions, showing the length of continuing service of each
teacher who is qualified to hold any such positions, unless an alternative
method of determining a sequence of dismissal is established as provided
for in this Section, in which case a list shall be made in accordance with
the alternative method. Copies of the list shall be distributed to the
exclusive employee representative on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon economic
necessity exceeds 5, or 150% of the average number of teachers honorably
dismissed in the preceding 3 years, whichever is more, then the board also
shall hold a public hearing on the question of the dismissals. Following
the hearing and board review, the action to approve any such reduction shall
require a majority vote of the board members.
(b) This subsection (b) applies only to honorable dismissals and recalls in which the notice of dismissal is provided during the 2011-2012 school term or a subsequent school term. If any teacher, whether or not in contractual continued service, is removed or dismissed as a result of a decision of a school board to decrease the number of teachers employed by the board, a decision of a school board to discontinue some particular type of teaching service, or a reduction in the number of programs or positions in a special education joint agreement, then written notice must be mailed to the teacher and also given to the teacher either by electronic mail, certified mail, return receipt requested, or personal delivery with receipt at least 45 days before the end of the school term, together with a statement of honorable dismissal and the reason therefor, and in all such cases the sequence of dismissal shall occur in accordance with this subsection (b); except that this subsection (b) shall not impair the operation of any affirmative action program in the school district, regardless of whether it exists by operation of law or is conducted on a voluntary basis by the board. Each teacher must be categorized into one or more positions for which the teacher is qualified to hold, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the school year during which the sequence of dismissal is determined. Within each position and subject to agreements made by the joint committee on honorable dismissals that are authorized by subsection (c) of this Section, the school district or joint agreement must establish 4 groupings of teachers qualified to hold the position as follows: (1) Grouping one shall consist of each teacher who is | ||
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(2) Grouping 2 shall consist of each teacher with a | ||
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(3) Grouping 3 shall consist of each teacher with a | ||
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(4) Grouping 4 shall consist of each teacher whose | ||
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Among teachers qualified to hold a position, teachers must be dismissed in the order of their groupings, with teachers in grouping one dismissed first and teachers in grouping 4 dismissed last. Within grouping one, the sequence of dismissal must be at the discretion of the school district or joint agreement. Within grouping 2, the sequence of dismissal must be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. A teacher's average performance evaluation rating must be calculated using the average of the teacher's last 2 performance evaluation ratings, if 2 ratings are available, or the teacher's last performance evaluation rating, if only one rating is available, using the following numerical values: 4 for Excellent; 3 for Proficient or Satisfactory; 2 for Needs Improvement; and 1 for Unsatisfactory. As between or among teachers in grouping 2 with the same average performance evaluation rating and within each of groupings 3 and 4, the teacher or teachers with the shorter length of continuing service with the school district or joint agreement must be dismissed first unless an alternative method of determining the sequence of dismissal is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization. Each board, including the governing board of a joint agreement, shall, in consultation with any exclusive employee representatives, each year establish a sequence of honorable dismissal list categorized by positions and the groupings defined in this subsection (b). Copies of the list showing each teacher by name, along with the race or ethnicity of the teacher if provided by the teacher, and categorized by positions and the groupings defined in this subsection (b) must be distributed to the exclusive bargaining representative at least 75 days before the end of the school term, provided that the school district or joint agreement may, with notice to any exclusive employee representatives, move teachers from grouping one into another grouping during the period of time from 75 days until 45 days before the end of the school term. Each year, each board shall also establish, in consultation with any exclusive employee representatives, a list showing the length of continuing service of each teacher who is qualified to hold any such positions, unless an alternative method of determining a sequence of dismissal is established as provided for in this Section, in which case a list must be made in accordance with the alternative method. Copies of the list must be distributed to the exclusive employee representative at least 75 days before the end of the school term. Any teacher dismissed as a result of such decrease or discontinuance must be paid all earned compensation on or before the third business day following the last day of pupil attendance in the regular school term. If the board or joint agreement has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 3 or 4 of the sequence of dismissal and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available, provided that if the number of honorable dismissal notices based on economic necessity exceeds 15% of the number of full-time equivalent positions filled by certified employees (excluding principals and administrative personnel) during the preceding school year, then the recall period is for the following school term or within 2 calendar years from the beginning of the following school term. If the board or joint agreement has any vacancies within the period from the beginning of the following school term through February 1 of the following school term (unless a date later than February 1, but no later than 6 months from the beginning of the following school term, is established in a collective bargaining agreement), the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 2 of the sequence of dismissal due to one "needs improvement" rating on either of the teacher's last 2 performance evaluation ratings, provided that, if 2 ratings are available, the other performance evaluation rating used for grouping purposes is "satisfactory", "proficient", or "excellent", and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available. On and after July 1, 2014 (the effective date of Public Act 98-648), the preceding sentence shall apply to teachers removed or dismissed by honorable dismissal, even if notice of honorable dismissal occurred during the 2013-2014 school year. Among teachers eligible for recall pursuant to the preceding sentence, the order of recall must be in inverse order of dismissal, unless an alternative order of recall is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization. Whenever the number of honorable dismissal notices based upon economic necessity exceeds 5 notices or 150% of the average number of teachers honorably dismissed in the preceding 3 years, whichever is more, then the school board or governing board of a joint agreement, as applicable, shall also hold a public hearing on the question of the dismissals. Following the hearing and board review, the action to approve any such reduction shall require a majority vote of the board members. For purposes of this subsection (b), subject to agreement on an alternative definition reached by the joint committee described in subsection (c) of this Section, a teacher's performance evaluation rating means the overall performance evaluation rating resulting from an annual or biennial performance evaluation conducted pursuant to Article 24A of this Code by the school district or joint agreement determining the sequence of dismissal, not including any performance evaluation conducted during or at the end of a remediation period. No more than one evaluation rating each school term shall be one of the evaluation ratings used for the purpose of determining the sequence of dismissal. Except as otherwise provided in this subsection for any performance evaluations conducted during or at the end of a remediation period, if multiple performance evaluations are conducted in a school term, only the rating from the last evaluation conducted prior to establishing the sequence of honorable dismissal list in such school term shall be the one evaluation rating from that school term used for the purpose of determining the sequence of dismissal. Averaging ratings from multiple evaluations is not permitted unless otherwise agreed to in a collective bargaining agreement or contract between the board and a professional faculty members' organization. The preceding 3 sentences are not a legislative declaration that existing law does or does not already require that only one performance evaluation each school term shall be used for the purpose of determining the sequence of dismissal. For performance evaluation ratings determined prior to September 1, 2012, any school district or joint agreement with a performance evaluation rating system that does not use either of the rating category systems specified in subsection (d) of Section 24A-5 of this Code for all teachers must establish a basis for assigning each teacher a rating that complies with subsection (d) of Section 24A-5 of this Code for all of the performance evaluation ratings that are to be used to determine the sequence of dismissal. A teacher's grouping and ranking on a sequence of honorable dismissal shall be deemed a part of the teacher's performance evaluation, and that information shall be disclosed to the exclusive bargaining representative as part of a sequence of honorable dismissal list, notwithstanding any laws prohibiting disclosure of such information. A performance evaluation rating may be used to determine the sequence of dismissal, notwithstanding the pendency of any grievance resolution or arbitration procedures relating to the performance evaluation. If a teacher has received at least one performance evaluation rating conducted by the school district or joint agreement determining the sequence of dismissal and a subsequent performance evaluation is not conducted in any school year in which such evaluation is required to be conducted under Section 24A-5 of this Code, the teacher's performance evaluation rating for that school year for purposes of determining the sequence of dismissal is deemed Proficient, except that, during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, this default to Proficient does not apply to any teacher who has entered into contractual continued service and who was deemed Excellent on his or her most recent evaluation. During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or have mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation was deemed Excellent, and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed Excellent. A school board and any exclusive bargaining representative may mutually agree to an alternate performance rating for teachers not in contractual continued service during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, as long as the agreement is in writing. If a performance evaluation rating is nullified as the result of an arbitration, administrative agency, or court determination, then the school district or joint agreement is deemed to have conducted a performance evaluation for that school year, but the performance evaluation rating may not be used in determining the sequence of dismissal. Nothing in this subsection (b) shall be construed as limiting the right of a school board or governing board of a joint agreement to dismiss a teacher not in contractual continued service in accordance with Section 24-11 of this Code. Any provisions regarding the sequence of honorable dismissals and recall of honorably dismissed teachers in a collective bargaining agreement entered into on or before January 1, 2011 and in effect on June 13, 2011 (the effective date of Public Act 97-8) that may conflict with Public Act 97-8 shall remain in effect through the expiration of such agreement or June 30, 2013, whichever is earlier. (c) Each school district and special education joint agreement must use a joint committee composed of equal representation selected by the school board and its teachers or, if applicable, the exclusive bargaining representative of its teachers, to address the matters described in paragraphs (1) through (5) of this subsection (c) pertaining to honorable dismissals under subsection (b) of this Section. (1) The joint committee must consider and may agree | ||
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(2) The joint committee must consider and may agree | ||
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(3) The joint committee may agree to including within | ||
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(4) For each school district or joint agreement that | ||
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(5) Upon request by a joint committee member | ||
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Agreement by the joint committee as to a matter requires the majority vote of all committee members, and if the joint committee does not reach agreement on a matter, then the otherwise applicable requirements of subsection (b) of this Section shall apply. Except as explicitly set forth in this subsection (c), a joint committee has no authority to agree to any further modifications to the requirements for honorable dismissals set forth in subsection (b) of this Section.
The joint committee must be established, and the first meeting of the joint committee each school year must occur on or before December 1. The joint committee must reach agreement on a matter on or before February 1 of a school year in order for the agreement of the joint committee to apply to the sequence of dismissal determined during that school year. Subject to the February 1 deadline for agreements, the agreement of a joint committee on a matter shall apply to the sequence of dismissal until the agreement is amended or terminated by the joint committee. The provisions of the Open Meetings Act shall not apply to meetings of a joint committee created under this subsection (c). (d) Notwithstanding anything to the contrary in this subsection (d), the requirements and dismissal procedures of Section 24-16.5 of this Code shall apply to any dismissal sought under Section 24-16.5 of this Code. (1) If a dismissal of a teacher in contractual | ||
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Before setting a hearing on charges stemming from | ||
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If, in the opinion of the board, the interests of the | ||
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(2) No hearing upon the charges is required unless | ||
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(3) Within 5 business days after receiving a notice | ||
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If notice to the teacher was sent before July 1, 2012 | ||
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If the teacher has requested a hearing before a | ||
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A hearing officer mutually selected by the parties, | ||
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Any hearing convened during a public health emergency | ||
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In this paragraph, "pre-hearing procedures" refers to | ||
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(4) In the alternative to selecting a hearing | ||
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(5) If the notice of dismissal was sent to the | ||
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(6) The teacher is required to answer the bill of | ||
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Each party shall have no more than 3 days to present | ||
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(6.5) In the case of charges involving sexual abuse | ||
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(7) The hearing officer shall, within 30 days from | ||
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(8) The school board, within 45 days after receipt | ||
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If the school board dismisses the teacher | ||
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If the school board retains the teacher, the school | ||
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(9) The decision of the hearing officer pursuant to | ||
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(10) If a decision of the hearing officer for | ||
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Any teacher who is reinstated by any hearing or | ||
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(11) Subject to any later effective date referenced | ||
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(e) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8. (Source: P.A. 102-708, eff. 4-22-22; 103-398, eff. 1-1-24.)
(Text of Section from P.A. 103-500)
Sec. 24-12. Removal or dismissal of teachers in contractual
continued service. (a) This subsection (a) applies only to honorable dismissals and recalls in which the notice of dismissal is provided on or before the end of the 2010-2011 school term. If a teacher in contractual continued service is
removed or dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue some
particular type of teaching service, written notice shall be mailed to the
teacher and also given the
teacher either by certified mail, return receipt requested or
personal delivery with receipt at least 60
days before
the end of the school term, together with a statement of honorable
dismissal and the reason therefor, and in all such cases the board shall
first remove or dismiss all teachers who have not entered upon contractual
continued service before removing or dismissing any teacher who has entered
upon contractual continued service and who is legally qualified to hold a
position currently held by a teacher who has not entered upon contractual
continued service. As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter length of
continuing service with the district shall be dismissed first
unless an alternative method of determining the sequence of dismissal is
established in a collective bargaining agreement or contract between the
board and a professional faculty members' organization and except that
this provision shall not impair the operation of any affirmative action
program in the district, regardless of whether it exists by operation of
law or is conducted on a voluntary basis by the board. Any teacher
dismissed as a result of such decrease or discontinuance shall be paid
all earned compensation on or before the third business day following
the last day of pupil attendance in the regular school term. If the
board has any vacancies for the following school term or within one
calendar year from the beginning of the following school term, the
positions thereby becoming available shall be tendered to the teachers
so removed or dismissed so far as they are legally qualified to hold
such positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of the number of full-time
equivalent positions filled by certified employees (excluding
principals and administrative personnel) during the preceding school year,
then if the board has any vacancies for the following school term or within
2 calendar years from the beginning of the following
school term, the positions so becoming available shall be tendered to the
teachers who were so notified and removed or dismissed whenever they are
legally qualified to hold such positions. Each board shall, in consultation
with any exclusive employee representatives, each year establish a list,
categorized by positions, showing the length of continuing service of each
teacher who is qualified to hold any such positions, unless an alternative
method of determining a sequence of dismissal is established as provided
for in this Section, in which case a list shall be made in accordance with
the alternative method. Copies of the list shall be distributed to the
exclusive employee representative on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon economic
necessity exceeds 5, or 150% of the average number of teachers honorably
dismissed in the preceding 3 years, whichever is more, then the board also
shall hold a public hearing on the question of the dismissals. Following
the hearing and board review, the action to approve any such reduction shall
require a majority vote of the board members.
(b) If any teacher, whether or not in contractual continued service, is removed or dismissed as a result of a decision of a school board to decrease the number of teachers employed by the board, a decision of a school board to discontinue some particular type of teaching service, or a reduction in the number of programs or positions in a special education joint agreement, then written notice must be mailed to the teacher and also given to the teacher either by electronic mail, certified mail, return receipt requested, or personal delivery with receipt on or before April 15, together with a statement of honorable dismissal and the reason therefor, and in all such cases the sequence of dismissal shall occur in accordance with this subsection (b); except that this subsection (b) shall not impair the operation of any affirmative action program in the school district, regardless of whether it exists by operation of law or is conducted on a voluntary basis by the board. Each teacher must be categorized into one or more positions for which the teacher is qualified to hold, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the school year during which the sequence of dismissal is determined. Within each position and subject to agreements made by the joint committee on honorable dismissals that are authorized by subsection (c) of this Section, the school district or joint agreement must establish 4 groupings of teachers qualified to hold the position as follows: (1) Grouping one shall consist of each teacher who is | ||
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(2) Grouping 2 shall consist of each teacher with a | ||
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(3) Grouping 3 shall consist of each teacher with a | ||
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(4) Grouping 4 shall consist of each teacher whose | ||
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Among teachers qualified to hold a position, teachers must be dismissed in the order of their groupings, with teachers in grouping one dismissed first and teachers in grouping 4 dismissed last. Within grouping one, the sequence of dismissal must be at the discretion of the school district or joint agreement. Within grouping 2, the sequence of dismissal must be based upon average performance evaluation ratings, with the teacher or teachers with the lowest average performance evaluation rating dismissed first. A teacher's average performance evaluation rating must be calculated using the average of the teacher's last 2 performance evaluation ratings, if 2 ratings are available, or the teacher's last performance evaluation rating, if only one rating is available, using the following numerical values: 4 for Excellent; 3 for Proficient or Satisfactory; 2 for Needs Improvement; and 1 for Unsatisfactory. As between or among teachers in grouping 2 with the same average performance evaluation rating and within each of groupings 3 and 4, the teacher or teachers with the shorter length of continuing service with the school district or joint agreement must be dismissed first unless an alternative method of determining the sequence of dismissal is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization. Each board, including the governing board of a joint agreement, shall, in consultation with any exclusive employee representatives, each year establish a sequence of honorable dismissal list categorized by positions and the groupings defined in this subsection (b). Copies of the list showing each teacher by name and categorized by positions and the groupings defined in this subsection (b) must be distributed to the exclusive bargaining representative at least 75 days before the end of the school term, provided that the school district or joint agreement may, with notice to any exclusive employee representatives, move teachers from grouping one into another grouping during the period of time from 75 days until April 15. Each year, each board shall also establish, in consultation with any exclusive employee representatives, a list showing the length of continuing service of each teacher who is qualified to hold any such positions, unless an alternative method of determining a sequence of dismissal is established as provided for in this Section, in which case a list must be made in accordance with the alternative method. Copies of the list must be distributed to the exclusive employee representative at least 75 days before the end of the school term. Any teacher dismissed as a result of such decrease or discontinuance must be paid all earned compensation on or before the third business day following the last day of pupil attendance in the regular school term. If the board or joint agreement has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 3 or 4 of the sequence of dismissal and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available, provided that if the number of honorable dismissal notices based on economic necessity exceeds 15% of the number of full-time equivalent positions filled by certified employees (excluding principals and administrative personnel) during the preceding school year, then the recall period is for the following school term or within 2 calendar years from the beginning of the following school term. If the board or joint agreement has any vacancies within the period from the beginning of the following school term through February 1 of the following school term (unless a date later than February 1, but no later than 6 months from the beginning of the following school term, is established in a collective bargaining agreement), the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 2 of the sequence of dismissal due to one "needs improvement" rating on either of the teacher's last 2 performance evaluation ratings, provided that, if 2 ratings are available, the other performance evaluation rating used for grouping purposes is "satisfactory", "proficient", or "excellent", and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available. On and after July 1, 2014 (the effective date of Public Act 98-648), the preceding sentence shall apply to teachers removed or dismissed by honorable dismissal, even if notice of honorable dismissal occurred during the 2013-2014 school year. Among teachers eligible for recall pursuant to the preceding sentence, the order of recall must be in inverse order of dismissal, unless an alternative order of recall is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization. Whenever the number of honorable dismissal notices based upon economic necessity exceeds 5 notices or 150% of the average number of teachers honorably dismissed in the preceding 3 years, whichever is more, then the school board or governing board of a joint agreement, as applicable, shall also hold a public hearing on the question of the dismissals. Following the hearing and board review, the action to approve any such reduction shall require a majority vote of the board members. For purposes of this subsection (b), subject to agreement on an alternative definition reached by the joint committee described in subsection (c) of this Section, a teacher's performance evaluation rating means the overall performance evaluation rating resulting from an annual or biennial performance evaluation conducted pursuant to Article 24A of this Code by the school district or joint agreement determining the sequence of dismissal, not including any performance evaluation conducted during or at the end of a remediation period. No more than one evaluation rating each school term shall be one of the evaluation ratings used for the purpose of determining the sequence of dismissal. Except as otherwise provided in this subsection for any performance evaluations conducted during or at the end of a remediation period, if multiple performance evaluations are conducted in a school term, only the rating from the last evaluation conducted prior to establishing the sequence of honorable dismissal list in such school term shall be the one evaluation rating from that school term used for the purpose of determining the sequence of dismissal. Averaging ratings from multiple evaluations is not permitted unless otherwise agreed to in a collective bargaining agreement or contract between the board and a professional faculty members' organization. The preceding 3 sentences are not a legislative declaration that existing law does or does not already require that only one performance evaluation each school term shall be used for the purpose of determining the sequence of dismissal. For performance evaluation ratings determined prior to September 1, 2012, any school district or joint agreement with a performance evaluation rating system that does not use either of the rating category systems specified in subsection (d) of Section 24A-5 of this Code for all teachers must establish a basis for assigning each teacher a rating that complies with subsection (d) of Section 24A-5 of this Code for all of the performance evaluation ratings that are to be used to determine the sequence of dismissal. A teacher's grouping and ranking on a sequence of honorable dismissal shall be deemed a part of the teacher's performance evaluation, and that information shall be disclosed to the exclusive bargaining representative as part of a sequence of honorable dismissal list, notwithstanding any laws prohibiting disclosure of such information. A performance evaluation rating may be used to determine the sequence of dismissal, notwithstanding the pendency of any grievance resolution or arbitration procedures relating to the performance evaluation. If a teacher has received at least one performance evaluation rating conducted by the school district or joint agreement determining the sequence of dismissal and a subsequent performance evaluation is not conducted in any school year in which such evaluation is required to be conducted under Section 24A-5 of this Code, the teacher's performance evaluation rating for that school year for purposes of determining the sequence of dismissal is deemed Proficient, except that, during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, this default to Proficient does not apply to any teacher who has entered into contractual continued service and who was deemed Excellent on his or her most recent evaluation. During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or have mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation was deemed Excellent, and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed Excellent. A school board and any exclusive bargaining representative may mutually agree to an alternate performance rating for teachers not in contractual continued service during any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, as long as the agreement is in writing. If a performance evaluation rating is nullified as the result of an arbitration, administrative agency, or court determination, then the school district or joint agreement is deemed to have conducted a performance evaluation for that school year, but the performance evaluation rating may not be used in determining the sequence of dismissal. Nothing in this subsection (b) shall be construed as limiting the right of a school board or governing board of a joint agreement to dismiss a teacher not in contractual continued service in accordance with Section 24-11 of this Code. Any provisions regarding the sequence of honorable dismissals and recall of honorably dismissed teachers in a collective bargaining agreement entered into on or before January 1, 2011 and in effect on June 13, 2011 (the effective date of Public Act 97-8) that may conflict with Public Act 97-8 shall remain in effect through the expiration of such agreement or June 30, 2013, whichever is earlier. (c) Each school district and special education joint agreement must use a joint committee composed of equal representation selected by the school board and its teachers or, if applicable, the exclusive bargaining representative of its teachers, to address the matters described in paragraphs (1) through (5) of this subsection (c) pertaining to honorable dismissals under subsection (b) of this Section. (1) The joint committee must consider and may agree | ||
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(2) The joint committee must consider and may agree | ||
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(3) The joint committee may agree to including within | ||
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(4) For each school district or joint agreement that | ||
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(5) Upon request by a joint committee member | ||
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Agreement by the joint committee as to a matter requires the majority vote of all committee members, and if the joint committee does not reach agreement on a matter, then the otherwise applicable requirements of subsection (b) of this Section shall apply. Except as explicitly set forth in this subsection (c), a joint committee has no authority to agree to any further modifications to the requirements for honorable dismissals set forth in subsection (b) of this Section.
The joint committee must be established, and the first meeting of the joint committee each school year must occur on or before December 1. The joint committee must reach agreement on a matter on or before February 1 of a school year in order for the agreement of the joint committee to apply to the sequence of dismissal determined during that school year. Subject to the February 1 deadline for agreements, the agreement of a joint committee on a matter shall apply to the sequence of dismissal until the agreement is amended or terminated by the joint committee. The provisions of the Open Meetings Act shall not apply to meetings of a joint committee created under this subsection (c). (d) Notwithstanding anything to the contrary in this subsection (d), the requirements and dismissal procedures of Section 24-16.5 of this Code shall apply to any dismissal sought under Section 24-16.5 of this Code. (1) If a dismissal of a teacher in contractual | ||
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Before setting a hearing on charges stemming from | ||
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If, in the opinion of the board, the interests of the | ||
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(2) No hearing upon the charges is required unless | ||
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(3) Within 5 business days after receiving a notice | ||
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If notice to the teacher was sent before July 1, 2012 | ||
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If the teacher has requested a hearing before a | ||
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A hearing officer mutually selected by the parties, | ||
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Any hearing convened during a public health emergency | ||
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In this paragraph, "pre-hearing procedures" refers to | ||
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(4) In the alternative to selecting a hearing | ||
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(5) If the notice of dismissal was sent to the | ||
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(6) The teacher is required to answer the bill of | ||
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Each party shall have no more than 3 days to present | ||
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(6.5) In the case of charges involving sexual abuse | ||
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(7) The hearing officer shall, within 30 days from | ||
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(8) The school board, within 45 days after receipt | ||
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If the school board dismisses the teacher | ||
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If the school board retains the teacher, the school | ||
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(9) The decision of the hearing officer pursuant to | ||
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(10) If a decision of the hearing officer for | ||
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Any teacher who is reinstated by any hearing or | ||
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(11) Subject to any later effective date referenced | ||
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(e) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8. (Source: P.A. 102-708, eff. 4-22-22; 103-500, eff. 8-4-23.)
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(105 ILCS 5/24-12.1) (from Ch. 122, par. 24-12.1)
Sec. 24-12.1.
Rights of recalled teachers.
Any teacher on contractual
continued service who is removed or dismissed as a result of a decision
of the board to decrease the number of teachers employed by the board or
to discontinue some particular type of teaching service and who accepts
the tender of a vacancy within one calendar year from the beginning of the
following school term pursuant to Section 24-12 shall lose no rights which
accrued while in contractual continued service.
(Source: P.A. 82-997.)
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(105 ILCS 5/24-13) (from Ch. 122, par. 24-13)
Sec. 24-13.
Age or absences not affecting contractual continued service
- Teachers replacing teachers in military service or in the General Assembly.
The contractual continued service status of a teacher is not affected by
his attained age, promotion, absence caused by temporary illness or
temporary incapacity as defined by regulations of the employing board,
leave of absence mutually agreed upon between the teacher and the board, or
because of absence while in the military service of the United States. If a
teacher is elected to serve in the General Assembly, the board shall grant
him a leave of absence if he so requests. A teacher employed to replace one
in the military service of the United States or one serving in the General
Assembly does not acquire contractual continued service under this Article.
If a teacher is elected to serve as an officer of a state or national
teacher organization that represents teachers in collective bargaining
negotiations, the board shall grant the teacher, upon written request, a
leave (or leaves) of absence of up to 6 years
or the period of time the teacher serves as an officer, whichever is
longer.
(Source: P.A. 93-377, eff. 1-1-04.)
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(105 ILCS 5/24-13.1) (from Ch. 122, par. 24-13.1)
Sec. 24-13.1.
Contractual continued service of teachers employed in
Department of Defense
overseas dependents' schools.
By mutual agreement of a teacher and the employing board, the board may,
but is not required to, grant the teacher a leave of absence to accept
employment in a Department of Defense overseas dependents' school. If such
a leave of absence is granted, the teacher may elect, for a period not
exceeding the lesser of the period for which he is so employed or 5 years,
(a) to preserve his contractual continued service status under this Act,
and (b) to continue receipt, on the same basis as if he were teaching in
the school system subject to the employing board, of service credit earned
for requirements of promotion, incremental increases in salary, leaves of
absence and other privileges based on an established period of service or
employment.
In addition, a teacher whose armed forces reserve unit is activated
during the school year and who as a result is required to enter into active
military service duty shall continue to have his or her full salary as a
teacher paid by the school board for the first 2 weeks of the period during which he or
she is required to remain on active military service duty; provided,
however, that if the teacher is required to remain on active military
service duty for any additional period, his or her contractual continued
service under this Act shall be preserved, and he or she shall continue to
receive throughout the entire period that he or she is required to remain
on active military service duty, on the same basis as if he or she were
teaching in the school system governed by the employing board, service
credit earned for requirements of promotion, incremental increases in
salary, leaves of absence and other privileges based on an established
period of service or employment; provided further that a teacher who
receives payment of his or her full
salary as a teacher for the first 2 weeks of the period his or her armed
forces reserve unit
is required to remain on active military service duty shall return to the
school board such portion of his or her teaching salary so paid as is equal
to the payment he or she received for such 2 week period from his or her armed
forces reserve unit, excluding, however, all payments received by the teacher
from the armed forces reserve unit which are allocable to nonschool days
or which constitute a travel, meal or housing allowance.
A person employed to replace a teacher making the election provided for
in this Section does not acquire contractual continued service status as a
teacher under this Article.
(Source: P.A. 84-1401.)
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(105 ILCS 5/24-14) (from Ch. 122, par. 24-14)
Sec. 24-14. Termination of service by teacher. As used in this Section, "teaching assignment" means any full-time position that requires licensure under Article 21B of this Code. A teacher, as defined in Section 24-11 of this Code may resign
at any time by obtaining concurrence of the board. During the school term, no teacher
may resign, without the concurrence of the board,
in order to accept another teaching assignment. Outside of a school term, a resignation submitted by any teacher after the completion of the school year must be submitted in writing to the secretary of the board a minimum of 30 calendar days prior to the first student attendance day of the following school year or else the teacher will be deemed to have resigned during the school term. Any teacher
terminating said service not in accordance with this Section may be referred by the board to the State Superintendent of Education. A referral to the State Superintendent for an alleged violation of this Section must include (i) a dated copy of the teacher's resignation letter, (ii) a copy of the reporting district's current school year calendar, (iii) proof of employment for the school year at issue, (iv) documentation showing that the district's board did not accept the teacher's resignation, and (v) evidence that the teacher left the district in order to accept another teaching assignment. If the district intends to submit a referral to the State Superintendent, the district shall submit the referral to the State Superintendent within 10 business days after the board denies acceptance of the resignation. The district shall notify the teacher that it submitted the referral to the State Superintendent within 5 business days after submitting the referral to the State Superintendent. The State Superintendent or his or her designee shall convene an informal evidentiary hearing no later than 90 days after receipt of the required documentation from the school district as required in this Section. The teacher shall receive a written determination from the State Superintendent or his or her designee no later than 14 days after the hearing is completed. If the State Superintendent or his or her designee finds that the teacher resigned during the school term without the concurrence of the board to accept another teaching assignment, the State Superintendent must suspend the teacher's license for one calendar year. In lieu of a hearing and finding, the teacher may agree to a lesser licensure sanction at the discretion of the State Superintendent or his or her designee.
(Source: P.A. 102-552, eff. 1-1-22; 103-549, eff. 8-11-23.)
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(105 ILCS 5/24-15) (from Ch. 122, par. 24-15)
Sec. 24-15.
Right to amend or repeal-Partial invalidity.
Nothing herein limits the right of the General Assembly to amend or
repeal any part of Sections 24-11 to 24-15, inclusive, or any contract
resulting therefrom.
If any section, paragraph, sentence or clause of this Article is held
invalid or unconstitutional, such decision shall not affect the remaining
portion of this Article or this Act, or any section or part thereof.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/24-16) (from Ch. 122, par. 24-16)
Sec. 24-16. Judicial review of administrative decision. The provisions
of the Administrative Review Law, and all amendments and modifications thereof
and the rules adopted pursuant thereto, shall apply to and govern all proceedings
instituted for the judicial review of final administrative decisions of the
hearing officer for dismissals pursuant to Article 24A of this Code or of a school board for dismissal for cause under Section 24-12 of this Article. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 97-8, eff. 6-13-11.)
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(105 ILCS 5/24-16.5) Sec. 24-16.5. Optional alternative evaluative dismissal process for PERA evaluations. (a) As used in this Section: "Applicable hearing requirements" means (i) for any school district having less than 500,000 inhabitants or a program of a special education joint agreement, those procedures and requirements relating to a teacher's request for a hearing, selection of a hearing officer, pre-hearing and hearing procedures, and post-hearing briefs set forth in paragraphs (1) through (6) of subsection (d) of Section 24-12 of this Code or (ii) for a school district having 500,000 inhabitants or
more, those procedures and requirements relating to a teacher's request for a hearing, selection of a hearing officer, pre-hearing and hearing procedures, and post-hearing briefs set forth in paragraphs (1) through (5) of subsection (a) of Section 34-85 of this Code. "Board" means, for a school district having less than 500,000 inhabitants or a program of a special education joint agreement, the board of directors, board of education, or board of school inspectors, as the case may be. For a school district having 500,000 inhabitants or more, "board" means the Chicago Board of Education. "Evaluator" means an evaluator, as defined in Section 24A-2.5 of this Code, who has successfully completed the pre-qualification program described in subsection (b) of Section 24A-3 of this Code. "PERA-trained board member" means a member of a board that has completed a training program on PERA evaluations either administered or approved by the State Board of Education. "PERA evaluation" means a performance evaluation of a teacher after the implementation date of an evaluation system for teachers, as specified by Section 24A-2.5 of this Code, using a performance evaluation instrument and process that meets the minimum requirements for teacher evaluation instruments and processes set forth in rules adopted by the State Board of Education to implement Public Act 96-861. "Remediation" means the remediation plan, mid-point and final evaluations, and related processes and requirements set forth in subdivisions (i), (j), and (k) of Section 24A-5 of this Code. "School district" means a school district or a program of a special education joint agreement. "Second evaluator" means an evaluator who either conducts the mid-point and final remediation evaluation or conducts an independent assessment of whether the teacher completed the remediation plan with a rating equal to or better than a "Proficient" rating, all in accordance with subdivision (c) of this Section. "Student growth components" means the components of a performance evaluation plan described in subdivision (c) of Section 24A-5 of this Code, as may be supplemented by administrative rules adopted by the State Board of Education. "Teacher practice components" means the components of a performance evaluation plan described in subdivisions (a) and (b) of Section 24A-5 of this Code, as may be supplemented by administrative rules adopted by the State Board of Education. "Teacher representatives" means the exclusive bargaining representative of a school district's teachers or, if no exclusive bargaining representatives exists, a representative committee selected by teachers. (b) This Section applies to all school districts, including those having 500,000 or more inhabitants. The optional dismissal process set forth in this Section is an alternative to those set forth in Sections 24-12 and 34-85 of this Code. Nothing in this Section is intended to change the existing practices or precedents under Section 24-12 or 34-85 of this Code, nor shall this Section be interpreted as implying standards and procedures that should or must be used as part of a remediation that precedes a dismissal sought under Section 24-12 or 34-85 of this Code. A board may dismiss a teacher who has entered upon contractual continued service under this Section if the following are met: (1) the cause of dismissal is that the teacher has | ||
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(2) the "Unsatisfactory" performance evaluation | ||
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(3) the school district has complied with subsection | ||
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A school district may not, through agreement with a teacher or its teacher representatives, waive its right to dismiss a teacher under this Section. (c) Each school district electing to use the dismissal process set forth in this Section must comply with the pre-remediation and remediation activities and requirements set forth in this subsection (c). (1) Before a school district's first remediation | ||
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(2) Before a school district's first remediation | ||
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(3) For each remediation preceding a dismissal under | ||
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(4) The second evaluator selected pursuant to | ||
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(d) To institute a dismissal proceeding under this Section, the board must first provide written notice to the teacher within 30 days after the completion of the final remediation evaluation. The notice shall comply with the applicable hearing requirements and, in addition, must specify that dismissal is sought under this Section and include a copy of each performance evaluation relating to the scope of the hearing as described in this subsection (d). The applicable hearing requirements shall apply to the teacher's request for a hearing, the selection and qualifications of the hearing officer, and pre-hearing and hearing procedures, except that all of the following must be met: (1) The hearing officer must, in addition to meeting | ||
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(2) The scope of the hearing must be limited as | ||
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(A) The school district must demonstrate the | ||
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(i) that the "Unsatisfactory" performance | ||
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(ii) that the remediation plan complied with | ||
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(iii) that the teacher failed to complete the | ||
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(iv) that if the second evaluator selected | ||
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(B) The teacher may only challenge the | ||
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(C) The hearing officer shall only consider and | ||
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(3) Each party shall be given only 2 days to present | ||
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(e) The provisions of Sections 24-12 and 34-85 pertaining to the decision or recommendation of the hearing officer do not apply to dismissal proceedings under this Section. For any dismissal proceedings under this Section, the hearing officer shall not issue a decision, and shall issue only findings of fact and a recommendation, including the reasons therefor, to the board to either retain or dismiss the teacher and shall give a copy of the report to both the teacher and the superintendent of the school district. The hearing officer's findings of fact and recommendation must be issued within 30 days from the close of the record of the hearing. The State Board of Education shall adopt rules regarding the length of the hearing officer's findings of fact and recommendation. If a hearing officer fails without good cause, specifically provided in writing to both parties and the State Board of Education, to render a recommendation within 30 days after the hearing is concluded or the record is closed, whichever is later, the parties may mutually agree to select a hearing officer pursuant to the alternative procedure, as provided in Section 24-12 or 34-85, to rehear the charges heard by the hearing officer who failed to render a recommendation or to review the record and render a recommendation. If any hearing officer fails without good cause, specifically provided in writing to both parties and the State Board of Education, to render a recommendation within 30 days after the hearing is concluded or the record is closed, whichever is later, the hearing officer shall be removed from the master list of hearing officers maintained by the State Board of Education for not more than 24 months. The parties and the State Board of Education may also take such other actions as it deems appropriate, including recovering, reducing, or withholding any fees paid or to be paid to the hearing officer. If any hearing officer repeats such failure, he or she shall be permanently removed from the master list of hearing officers maintained by the State Board of Education. (f) The board, within 45 days after receipt of the hearing officer's findings of fact and recommendation, shall decide, through adoption of a written order, whether the teacher must be dismissed from its employ or retained, provided that only PERA-trained board members may participate in the vote with respect to the decision. If the board dismisses the teacher notwithstanding the hearing officer's recommendation of retention, the board shall make a conclusion, giving its reasons therefor, and such conclusion and reasons must be included in its written order. The failure of the board to strictly adhere to the timelines contained in this Section does not render it without jurisdiction to dismiss the teacher. The board shall not lose jurisdiction to discharge the teacher if the hearing officer fails to render a recommendation within the time specified in this Section. The decision of the board is final, unless reviewed as provided in subsection (g) of this Section. If the board retains the teacher, the board shall enter a written order stating the amount of back pay and lost benefits, less mitigation, to be paid to the teacher, within 45 days of its retention order. (g) A teacher dismissed under this Section may apply for and obtain judicial review of a decision of the board in accordance with the provisions of the Administrative Review Law, except as follows: (1) for a teacher dismissed by a school district | ||
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(2) for a teacher dismissed by a school district | ||
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(3) for all school districts, if the hearing officer | ||
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In the event judicial review is instituted by a teacher, any costs of preparing and filing the record of proceedings must be paid by the teacher. If a decision of the board is adjudicated upon judicial review in favor of the teacher, then the court shall remand the matter to the board with direction for entry of an order setting the amount of back pay, lost benefits, and costs, less mitigation. The teacher may challenge the board's order setting the amount of back pay, lost benefits, and costs, less mitigation, through an expedited arbitration procedure with the costs of the arbitrator borne by the board.
(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.) |
(105 ILCS 5/24-17) (from Ch. 122, par. 24-17)
Sec. 24-17.
Care
of property.
Every teacher shall see that the property of the district under his care
and control is not unnecessarily damaged or destroyed. No teacher shall be
paid any part of the school funds unless he has furnished schedules, when
required by law, and has satisfactorily accounted for all books, apparatus
and other property belonging to the district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/24-18) (from Ch. 122, par. 24-18)
Sec. 24-18.
Daily registers.
Teachers shall keep daily registers showing the name, age and
attendance of each pupil, the day of the week, month and year. Registers
shall be in the form prescribed by the State Board of Education.
Such registers shall be furnished by the school directors, and each
teacher shall, at the end of his term of school, return his register to
the clerk or secretary of the school board. No teacher shall be paid any
part of the school funds unless he has accurately kept and returned such
a register.
(Source: P.A. 81-1508.)
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(105 ILCS 5/24-19)
Sec. 24-19. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/24-20)
Sec. 24-20. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/24-21) (from Ch. 122, par. 24-21)
Sec. 24-21.
Payment of teachers' wages.
The directors shall pay the wages
of teachers in a manner agreed upon by the board, but at least 1 payment
shall be made during each school month. The directors shall issue and deliver
to the teacher an order on the school treasurer for the amount of salary
due. The order shall state the rate and time for which the teacher is paid.
It is unlawful for the directors: (1) to issue an order before they have
certified to any schedule then required to be made; (2) after the date for
filing schedules as fixed by law, to certify any schedule not delivered
to them before that date when such schedule is for time taught before the
first of July preceding; (3) to give an order in payment of a teacher's
wages for the time covered by such delinquent schedule. Teachers not
covered by a negotiated collective bargaining agreement may elect to receive
payment of wages over either a 10 or 12 month period annually.
(Source: P.A. 82-396.)
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(105 ILCS 5/24-21.1) (from Ch. 122, par. 24-21.1)
Sec. 24-21.1.
Organization dues, payments and contributions.
The board shall, upon the written request of an employee, withhold from
the compensation of that employee any
dues, payments or contributions payable by such employee to any employee
labor organization as defined in the Illinois Educational Labor Relations
Act. Under such
arrangement, an amount shall be withheld from each regular payroll
period which is equal to the pro rata share of the annual
dues plus any payments or contributions and the board shall transmit
such withholdings to the specified labor organization within 10 working
days from the time
of the withholding.
(Source: P.A. 83-1014.)
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(105 ILCS 5/24-22)
Sec. 24-22. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/24-23) (from Ch. 122, par. 24-23)
Sec. 24-23. Teacher transcript of credits. Each teacher shall file with the superintendent of the school in which
he is teaching or, if there is no such superintendent, with the Regional
Superintendent of Schools a complete transcript of credits earned in
recognized institutions of higher learning attended by him. On or before September 1 of each year thereafter, unless otherwise provided in a collective bargaining agreement, every teacher shall file
a transcript of any credits that have been earned since the date the
last transcript was filed.
Such record of credits shall be used as the base for determining the
minimum salary for such teachers as provided by Section 24-8 of this Act.
(Source: P.A. 96-998, eff. 7-2-10.)
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(105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
Sec. 24-24.
Maintenance of discipline.
Subject to the limitations of all
policies established or adopted under Section 14-8.05, teachers,
other
certificated educational employees, and any other person, whether or not a
certificated employee, providing a related service for or with respect to a
student shall maintain discipline in the schools,
including school grounds which are owned or leased by the board and used for
school purposes and activities. In all matters relating to the discipline in
and conduct of the schools and the school children, they stand in the relation
of parents and guardians to the pupils. This relationship shall extend to all
activities connected with the school program, including all athletic and
extracurricular programs, and may be exercised at any time for the safety and
supervision of the pupils in the absence of their parents or guardians.
Nothing in this Section affects the power of the board to establish
rules with respect to discipline; except that each board shall
establish a policy on discipline, and the policy so established shall
provide, subject to the limitations of all policies established or adopted
under Section 14-8.05, that a teacher, other certificated employee, and
any other person, whether or not a certificated employee, providing a related
service for or with respect to a student may use reasonable
force as needed to
maintain safety for the other students, school personnel or persons or for the
purpose of self defense or the defense of property, shall provide that a
teacher may remove a student
from the classroom for disruptive behavior, and shall include provisions
which
provide due process to students. The policy shall not include slapping,
paddling or prolonged maintenance of students in physically painful positions
nor shall it include the intentional infliction of bodily harm.
The board may make and enforce reasonable rules of conduct and
sportsmanship for athletic and extracurricular school events. Any person
who violates such rules may be denied admission to school events for not
more than one year, provided that written 10 days notice of the violation
is given such person and a hearing had thereon by the board pursuant to its
rules and regulations. The administration of any school may sign complaints
as agents of the school against persons committing any offense at school
events.
(Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. 7-19-95.)
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(105 ILCS 5/24-25) (from Ch. 122, par. 24-25)
Sec. 24-25.
Teachers and other employees may request any person entering
a public school building or the grounds which are owned or leased by the
board and used for school purposes and activities to identify himself and
the purpose of his entry. A person who refuses to provide such information
is guilty of a Class A misdemeanor.
Authorized agents of an exclusive bargaining representative, upon
notifying the school office, may meet with school employees in the school
building during duty free times of such employees.
(Source: P.A. 86-202.)
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(105 ILCS 5/24-26) (from Ch. 122, par. 24-26)
Sec. 24-26.
Intervening to help students or their family members who
may have alcohol or other drug problems. Teachers and other employees of
school districts may intervene to help students or their family members who
appear to have problems with alcohol and other drugs by encouraging them to
seek an assessment and treatment. School personnel who intervene shall have
immunity from civil liability in accordance with the Alcoholism and Drug
Addiction Intervenor and Reporter Immunity Law. School personnel shall not
be subject to disciplinary action by the school because of an intervention
and may not be prohibited by school policy from intervening.
(Source: P.A. 87-213.)
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(105 ILCS 5/Art. 24A heading) ARTICLE 24A.
EVALUATION OF
CERTIFIED EMPLOYEES
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(105 ILCS 5/24A-1) (from Ch. 122, par. 24A-1)
Sec. 24A-1.
Purpose.
The purpose of this Article is to improve the
educational services of the elementary and secondary public schools of
Illinois by requiring that all certified school district employees be
evaluated on a periodic basis and that the evaluations result in remedial
action being taken when deemed necessary.
(Source: P.A. 84-972.)
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(105 ILCS 5/24A-2) (from Ch. 122, par. 24A-2)
Sec. 24A-2. Application. The provisions of this Article shall apply to
all public school districts organized and operating pursuant to the
provisions of this Code, including special charter districts and
those school districts operating in accordance with Article 34, except that this Section does not apply to teachers assigned to schools identified in an agreement entered into between the board of a school district operating under Article 34 and the exclusive representative of the district's teachers in accordance with Section 34-85c of this Code.
(Source: P.A. 95-510, eff. 8-28-07.)
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(105 ILCS 5/24A-2.5) Sec. 24A-2.5. Definitions. In this Article: "Evaluator" means: (1) an administrator qualified under Section 24A-3; | ||
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(2) other individuals qualified under Section 24A-3, | ||
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Notwithstanding anything to the contrary in item (2) of this definition, a school district operating under Article 34 of this Code may require department chairs qualified under Section 24A-3 to evaluate teachers in their department or departments, provided that the school district shall bargain with the bargaining representative of its teachers over the impact and effects on department chairs of such a requirement. "Implementation date" means, unless otherwise specified and provided that the requirements set forth in subsection (d) of Section 24A-20 have been met: (1) For school districts having 500,000 or more | ||
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(2) For school districts having less than 500,000 | ||
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(3) For the lowest performing 20% percent of | ||
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(4) For all other school districts having less than | ||
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Notwithstanding items (3) and (4) of this definition, a school district and the exclusive bargaining representative of its teachers may jointly agree in writing to an earlier implementation date, provided that such date must not be earlier than September 1, 2013. The written agreement of the district and the exclusive bargaining representative must be transmitted to the State Board of Education. "Race to the Top Grant" means a grant made by the Secretary of the U.S. Department of Education for the program first funded pursuant to paragraph (2) of Section 14006(a) of the American Recovery and Reinvestment Act of 2009. "School Improvement Grant" means a grant made by the Secretary of the U.S. Department of Education pursuant to Section 1003(g) of the Elementary and Secondary Education Act.
(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11.) |
(105 ILCS 5/24A-3) (from Ch. 122, par. 24A-3) Sec. 24A-3. Evaluation training and pre-qualification. (a) School
boards shall require evaluators to participate in an inservice training on the
evaluation of certified personnel
provided or approved by the State Board of Education prior to undertaking any evaluation and at least once during each certificate renewal cycle. Training provided or approved by the State Board of Education shall include the evaluator training program developed pursuant to Section 24A-20 of this Code. (b) Any evaluator undertaking an evaluation after September 1, 2012 must first successfully complete a pre-qualification program provided or approved by the State Board of Education. The program must involve rigorous training and an independent observer's determination that the evaluator's ratings properly align to the requirements established by the State Board pursuant to this Article. (Source: P.A. 96-861, eff. 1-15-10.) |
(105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4) Sec. 24A-4. Development of evaluation plan. (a) As used in
this and the succeeding Sections, "teacher" means any and all school
district employees regularly required to be certified under laws relating
to the certification of teachers. Each school district shall develop, in
cooperation with its teachers or, where applicable, the exclusive
bargaining representatives of its teachers, an evaluation plan for all
teachers. (b) By no later than the applicable implementation date, each school district shall, in good faith cooperation with its teachers or, where applicable, the exclusive bargaining representatives of its teachers, incorporate the use of data and indicators on student growth as a significant factor in rating teaching performance, into its evaluation plan for all teachers, both those teachers in contractual continued service and those teachers not in contractual continued service. The plan shall at least meet the standards and requirements for student growth and teacher evaluation established under Section 24A-7, and specifically describe how student growth data and indicators will be used as part of the evaluation process, how this information will relate to evaluation standards, the assessments or other indicators of student performance that will be used in measuring student growth and the weight that each will have, the methodology that will be used to measure student growth, and the criteria other than student growth that will be used in evaluating the teacher and the weight that each will have. To incorporate the use of data and indicators of student growth as a significant factor in rating teacher performance into the evaluation plan, the district shall use a joint committee composed of equal representation selected by the district and its teachers or, where applicable, the exclusive bargaining representative of its teachers. If, within 180 calendar days of the committee's first meeting, the committee does not reach agreement on the plan, then the district shall implement the model evaluation plan established under Section 24A-7 with respect to the use of data and indicators on student growth as a significant factor in rating teacher performance. Nothing in this subsection (b) shall make decisions on the use of data and indicators on student growth as a significant factor in rating teaching performance mandatory subjects of bargaining under the Illinois Educational Labor Relations Act that are not currently mandatory subjects of bargaining under the Act. The provisions of the Open Meetings Act shall not apply to meetings of a joint committee formed under this subsection (b). (c) Notwithstanding anything to the contrary in subsection (b) of this Section, if the joint committee referred to in that subsection does not reach agreement on the plan within 90 calendar days after the committee's first meeting, a school district having 500,000 or more inhabitants shall not be required to implement any aspect of the model evaluation plan and may implement its last best proposal.
(d) Beginning the first school year following the effective date of this amendatory Act of the 100th General Assembly, the joint committee referred to in subsection (b) of this Section shall meet no less than one time annually to assess and review the effectiveness of the district's evaluation plan for the purposes of continuous improvement of instruction and evaluation practices. (Source: P.A. 100-768, eff. 1-1-19.) |
(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) Sec. 24A-5. Content of evaluation plans. This Section does not apply to teachers assigned to schools identified in an agreement entered into between the board of a school district operating under Article 34 of this Code and the exclusive representative of the district's teachers in accordance with Section 34-85c of this Code.
Each school district to
which this Article applies shall establish a teacher evaluation plan
which ensures that each teacher in contractual continued service
is evaluated at least once in the course of every 2 or 3 school years as provided in this Section. Each school district shall establish a teacher evaluation plan that ensures that: (1) each teacher not in contractual continued service | ||
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(2) except as otherwise provided in this Section, | ||
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No later than September 1, 2022, each school district must establish a teacher evaluation plan that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is evaluated at least once in the course of the 3 school years after receipt of the rating and implement an informal teacher observation plan established by agency rule and by agreement of the joint committee established under subsection (b) of Section 24A-4 of this Code that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is informally observed at least once in the course of the 2 school years after receipt of the rating. For the 2022-2023 school year only, if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, a school district may waive the evaluation requirement of all teachers in contractual continued service whose performances were rated as either "excellent" or "proficient" during the last school year in which the teachers were evaluated under this Section. Notwithstanding anything to the contrary in this Section or any other Section of this Code, a principal shall not be prohibited from evaluating any teachers within a school during his or her first year as principal of such school. If a first-year principal exercises this option in a school district where the evaluation plan provides for a teacher in contractual continued service to be evaluated once in the course of every 2 or 3 school years, as applicable, then a new 2-year or 3-year evaluation plan must be established. The evaluation plan shall comply with the requirements of this Section and
of any rules adopted by the State Board of Education pursuant to this Section. The plan shall include a description of each teacher's duties
and responsibilities and of the standards to which that teacher
is expected to conform, and shall include at least the following components: (a) personal observation of the teacher in the | ||
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(b) consideration of the teacher's attendance, | ||
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(c) by no later than the applicable implementation | ||
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(d) prior to September 1, 2012, rating of the | ||
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(i) "excellent", "satisfactory" or | ||
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(ii) "excellent", "proficient", "needs | ||
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(e) on and after September 1, 2012, rating of the | ||
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(f) specification as to the teacher's strengths and | ||
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(g) inclusion of a copy of the evaluation in the | ||
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(h) within 30 school days after the completion of an | ||
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(i) within 30 school days after completion of an | ||
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(j) participation in the remediation plan by the | ||
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In a district having a population of less than | ||
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(k) a mid-point and final evaluation by an evaluator | ||
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(l) reinstatement to the evaluation schedule set | ||
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(m) dismissal in accordance with subsection (d) of | ||
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(n) After the implementation date of an evaluation | ||
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(o) Teachers who are due to be evaluated in the last | ||
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Nothing in this Section or Section 24A-4 shall be construed as preventing immediate
dismissal of a teacher for deficiencies which are
deemed irremediable or for actions which are injurious to or endanger the
health or person of students in the classroom or school, or preventing the dismissal or non-renewal of teachers not in contractual continued service for any reason not prohibited by applicable employment, labor, and civil rights laws. Failure to
strictly comply with the time requirements contained in Section 24A-5 shall
not invalidate the results of the remediation plan. Nothing contained in this amendatory Act of the 98th General Assembly repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on the effective date of this amendatory Act of the 98th General Assembly in Illinois courts involving the interpretation of Public Act 97-8. If the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act that suspends in-person instruction, the timelines in this Section connected to the commencement and completion of any remediation plan are waived. Except if the parties mutually agree otherwise and the agreement is in writing, any remediation plan that had been in place for more than 45 days prior to the suspension of in-person instruction shall resume when in-person instruction resumes and any remediation plan that had been in place for fewer than 45 days prior to the suspension of in-person instruction shall be discontinued and a new remediation period shall begin when in-person instruction resumes. The requirements of this paragraph apply regardless of whether they are included in a school district's teacher evaluation plan. (Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22; 103-85, eff. 6-9-23.) |
(105 ILCS 5/24A-5.5) Sec. 24A-5.5. Local appeal process for unsatisfactory ratings. Beginning with the first school year following the effective date of this amendatory Act of the 101st General Assembly, each school district shall, in good faith cooperation with its teachers or, if applicable, through good faith bargaining with the exclusive bargaining representative of its teachers, develop and implement an appeals process for "unsatisfactory" ratings under Section 24A-5 that includes, but is not limited to, an assessment of the original rating by a panel of qualified evaluators agreed to by the joint committee referred to in subsection (b) of Section 24A-4 that has the power to revoke the "unsatisfactory" rating it deems to be erroneous. The joint committee shall determine the criteria for successful appeals; however, the issuance of a rating to replace an "unsatisfactory" rating must be determined through bargaining between the exclusive bargaining representative, if any, and the school district.
(Source: P.A. 101-591, eff. 8-27-19.) |
(105 ILCS 5/24A-6)
Sec. 24A-6. (Repealed).
(Source: P.A. 86-201. Repealed by P.A. 96-861, eff. 1-15-10.)
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(105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7) Sec. 24A-7. Rules. The State Board of Education is authorized to adopt such rules as
are deemed necessary to implement and accomplish the purposes and
provisions of this Article, including, but not limited to, rules: (1) relating to the methods for measuring student | ||
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(2) defining the term "significant factor" for | ||
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(3) controlling for such factors as student | ||
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(4) establishing minimum requirements for district | ||
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(5) establishing a model evaluation plan for use by | ||
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Notwithstanding any other provision in this Section, such rules shall not preclude a school district having 500,000 or more inhabitants from using an annual State assessment as the sole measure of student growth for purposes of teacher or principal evaluations. The State Superintendent of Education shall convene a Performance Evaluation Advisory Council, which shall be staffed by the State Board of Education. Members of the Council shall be selected by the State Superintendent and include, without limitation, representatives of teacher unions and school district management, persons with expertise in performance evaluation processes and systems, as well as other stakeholders. The Council shall meet at least quarterly and may also meet at the call of the chairperson of the Council, following August 18, 2017 (the effective date of Public Act 100-211) until June 30, 2024. The Council shall advise the State Board of Education on the ongoing implementation of performance evaluations in this State, which may include gathering public feedback, sharing best practices, consulting with the State Board on any proposed rule changes regarding evaluations, and other subjects as determined by the chairperson of the Council. Prior to the applicable implementation date, these rules shall not apply to teachers assigned to schools identified in an agreement entered into between the board of a school district operating under Article 34 of this Code and the exclusive representative of the district's teachers in accordance with Section 34-85c of this Code. (Source: P.A. 102-252, eff. 1-1-22; 102-558, eff. 8-20-21.) |
(105 ILCS 5/24A-7.1) Sec. 24A-7.1. Teacher, principal, and superintendent performance evaluations. Except as otherwise provided under this Act, disclosure of public school teacher, principal, and superintendent performance evaluations is prohibited.
(Source: P.A. 96-861, eff. 1-15-10.) |
(105 ILCS 5/24A-8) (from Ch. 122, par. 24A-8) Sec. 24A-8. Evaluation of teachers not in contractual continued service. Each teacher not in contractual
continued service shall be evaluated at least once each school year.(Source: P.A. 96-861, eff. 1-15-10.) |
(105 ILCS 5/24A-15) Sec. 24A-15. Development of evaluation plan for principals and assistant principals. (a) Each school district, except for a school district organized under Article 34 of this Code, shall establish a principal and assistant principal evaluation plan in accordance with this Section. The plan must ensure that each principal and assistant principal is evaluated as follows: (1) For a principal or assistant principal on a | ||
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(2) For a principal or assistant principal on a | ||
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On and after September 1, 2012, the plan must: (i) rate the principal's or assistant principal's | ||
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(ii) ensure that each principal and assistant | ||
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Nothing in this Section prohibits a school district from conducting additional evaluations of principals and assistant principals.
For the 2022-2023 school year only, if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, a school district may waive the evaluation requirement of all principals or assistant principals whose performances were rated as either "excellent" or "proficient" during the last school year in which the principals or assistant principals were evaluated under this Section. (b) The evaluation shall include a description of the principal's or assistant principal's duties and responsibilities and the standards to which the principal or assistant principal is expected to conform. (c) The evaluation for a principal must be performed by the district superintendent, the superintendent's designee, or, in the absence of the superintendent or his or her designee, an individual appointed by the school board who holds a registered Type 75 State administrative certificate. Prior to September 1, 2012, the evaluation must be in writing and must at least do all of the following: (1) Consider the principal's specific duties, | ||
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(2) Specify the principal's strengths and weaknesses, | ||
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(3) Align with research-based standards established | ||
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On and after September 1, 2012, the evaluation must, in addition to the requirements in items (1), (2), and (3) of this subsection (c), provide for the use of data and indicators on student growth as a significant factor in rating performance. (c-5) The evaluation of an assistant principal must be performed by the principal, the district superintendent, the superintendent's designee, or, in the absence of the superintendent or his or her designee, an individual appointed by the school board who holds a registered Type 75 State administrative certificate. The evaluation must be in writing and must at least do all of the following: (1) Consider the assistant principal's specific | ||
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(2) Specify the assistant principal's strengths and | ||
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(3) Align with the Illinois Professional Standards | ||
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On and after September 1, 2012, the evaluation must, in addition to the requirements in items (1), (2), and (3) of this subsection (c-5), provide for the use of data and indicators on student growth as a significant factor in rating performance. (d) One copy of the evaluation must be included in the principal's or assistant principal's personnel file and one copy of the evaluation must be provided to the principal or assistant principal. (e) Failure by a district to evaluate a principal or assistant principal and to provide the principal or assistant principal with a copy of the evaluation at least once during the term of the principal's or assistant principal's contract, in accordance with this Section, is evidence that the principal or assistant principal is performing duties and responsibilities in at least a satisfactory manner and shall serve to automatically extend the principal's or assistant principal's contract for a period of one year after the contract would otherwise expire, under the same terms and conditions as the prior year's contract. The requirements in this Section are in addition to the right of a school board to reclassify a principal or assistant principal pursuant to Section 10-23.8b of this Code. (f) Nothing in this Section prohibits a school board from ordering lateral transfers of principals or assistant principals to positions of similar rank and salary.
(Source: P.A. 102-729, eff. 5-6-22.) |
(105 ILCS 5/24A-20) Sec. 24A-20. State Board of Education data collection and evaluation assessment and support systems. (a) On or before the date established in subsection (b) of this Section, the State Board of Education shall, through a process involving collaboration with the Performance Evaluation Advisory Council, develop or contract for the development of and implement all of the following data collection and evaluation assessment and support systems: (1) A system to annually collect and publish data by | ||
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(2) Both a teacher and principal model evaluation | ||
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(3) An evaluator pre-qualification program based on | ||
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(4) An evaluator training program based on the model | ||
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(5) A superintendent training program based on the | ||
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(6) One or more instruments to provide feedback to | ||
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(7) A State Board-provided or approved technical | ||
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(8) Web-based systems and tools supporting | ||
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(9) A process for measuring and reporting | ||
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(10) A process for assessing whether school district | ||
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(b) If the State of Illinois receives a Race to the Top Grant, the data collection and support systems described in subsection (a) must be developed on or before September 30, 2011. If the State of Illinois does not receive a Race to the Top Grant, the data collection and support systems described in subsection (a) must be developed on or before September 30, 2012; provided, however, that the data collection and support systems set forth in items (3) and (4) of subsection (a) of this Section must be developed by September 30, 2011 regardless of whether the State of Illinois receives a Race to the Top Grant. By no later than September 1, 2011, if the State of Illinois receives a Race to the Top Grant, or September 1, 2012, if the State of Illinois does not receive a Race to the Top Grant, the State Board of Education must execute or contract for the execution of the assessment referenced in item (10) of subsection (a) of this Section to determine whether the school district evaluation systems developed pursuant to this Act have been valid and reliable, contributed to the development of staff, and improved student performance. (c) Districts shall submit data and information to the State Board on teacher and principal performance evaluations and evaluation plans in accordance with procedures and requirements for submissions established by the State Board. Such data shall include, without limitation, (i) data on the performance rating given to all teachers in contractual continued service, (ii) data on district recommendations to renew or not renew teachers not in contractual continued service, and (iii) data on the performance rating given to all principals. (d) If the State Board of Education does not timely fulfill any of the requirements set forth in Sections 24A-7 and 24A-20, and adequate and sustainable federal, State, or other funds are not provided to the State Board of Education and school districts to meet their responsibilities under this Article, the applicable implementation date shall be postponed by the number of calendar days equal to those needed by the State Board of Education to fulfill such requirements and for the adequate and sustainable funds to be provided to the State Board of Education and school districts. The determination as to whether the State Board of Education has fulfilled any or all requirements set forth in Sections 24A-7 and 24A-20 and whether adequate and sustainable funds have been provided to the State Board of Education and school districts shall be made by the State Board of Education in consultation with the P-20 Council.
(e) The State Board of Education shall report teacher evaluation data from each school in the State. The State Board's report shall include: (1) data from the most recent performance evaluation | ||
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(2) data from the most recent performance evaluation | ||
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The report shall contain data in an aggregate format. The report with the aggregate data is not confidential pursuant to Section 24A-7.1 of this Code unless an individual teacher is personally identifiable in the report. With respect to the report, the underlying data and any personally identifying information of a teacher shall be confidential. The State Board shall provide the data in the report in a format that prevents identification of individual teachers.(Source: P.A. 103-452, eff. 1-1-24.) |
(105 ILCS 5/Art. 26 heading) ARTICLE 26.
PUPILS--COMPULSORY ATTENDANCE
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(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
Sec. 26-1. Compulsory school age; exemptions. Whoever has custody or control of any child (i) between the ages of 7 and 17
years (unless the child has already graduated from high school) for school years before the 2014-2015 school year or (ii) between the ages
of 6 (on or before September 1) and 17 years (unless the child has already graduated from high school) beginning with the 2014-2015 school year
shall cause such child to attend some public school in the district
wherein the child resides the entire time it is in session during the
regular school term, except as provided in Section 10-19.1, and during a
required summer school program established under Section 10-22.33B; provided,
that
the following children shall not be required to attend the public schools:
1. Any child attending a private or a parochial | ||
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2. Any child who is physically or mentally unable to | ||
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3. Any child necessarily and lawfully employed | ||
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4. Any child over 12 and under 14 years of age while | ||
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5. Any child absent from a public school on a | ||
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6. Any child 16 years of age or older who (i) | ||
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7. A child in any of grades 6 through 12 absent from | ||
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8. Any child absent from a public school on a | ||
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Any child from a public middle school or high school, subject to guidelines established by the State Board of Education, shall be permitted by a school board one school day-long excused absence per school year for the child who is absent from school to engage in a civic event. The school board may require that the student provide reasonable advance notice of the intended absence to the appropriate school administrator and require that the student provide documentation of participation in a civic event to the appropriate school administrator. (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23.)
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(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
Sec. 26-2. Enrolled pupils not of compulsory school age.
(a) Any person having
custody or control of a child who is below the age of 6 years or is 17 years of age or above and who is enrolled in any of grades kindergarten
through 12 in the public school shall cause the child to attend the public
school in the district wherein he or she resides when it is in session
during the regular school term, unless the child is excused under
Section 26-1 of this Code.
(b) A school district shall deny reenrollment in its secondary schools
to any
child 19 years of age or above who has dropped out of school
and who could
not, because of age and lack of credits, attend classes during the normal
school year and graduate before his or her twenty-first birthday.
A district may, however, enroll the child in a graduation incentives program under Section 26-16 of this Code or an alternative learning
opportunities program established
under Article 13B.
No
child shall be denied reenrollment for the above reasons
unless the school district first offers the child
due process as required in cases of expulsion under Section
10-22.6. If a child is denied reenrollment after being provided with due
process, the school district must provide counseling to that child and
must direct that child to
alternative educational
programs, including adult education programs, that lead to graduation or
receipt of a State of Illinois High School Diploma.
(c)
A school or school district may deny enrollment to a student 17 years of age
or
older for one semester for failure to meet minimum attendance standards if all
of the
following conditions are met:
(1) The student was absent without valid cause for | ||
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(2) The student and the student's parent or guardian | ||
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(3) The student's parent or guardian is provided with | ||
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(4) The student is provided with attendance | ||
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(5) The student is absent without valid cause for 20% | ||
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A school or school district may not deny enrollment to a student (or
reenrollment
to a dropout) who is at least 17
years of age or older but below 19
years for more
than one consecutive semester for failure to meet attendance
standards.
(d) No child may be denied reenrollment under this
Section in violation
of the federal Individuals with Disabilities Education Act or the Americans with
Disabilities Act.
(e) In this subsection (e), "reenrolled student" means a dropout who has
reenrolled
full-time in a public school. Each school district shall identify, track, and
report on the
educational progress and outcomes of reenrolled students as a subset of the
district's
required reporting on all enrollments.
A reenrolled student who again drops out must not be counted again
against a district's dropout rate performance measure.
The State
Board of Education shall set performance standards for programs serving
reenrolled
students.
(f) The State Board of Education shall adopt any rules necessary to
implement the
changes to this Section made by Public Act 93-803.
(Source: P.A. 102-981, eff. 1-1-23; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) (Text of Section before amendment by 102-466)
Sec. 26-2a. A "truant" is defined as a child who is subject to compulsory school
attendance and who is absent without valid cause, as defined under this Section, from such attendance for more than 1% but less than 5% of the past 180 school days. "Valid cause" for absence shall be illness, including the mental or behavioral health of the student, observance of a religious
holiday, death in the immediate family, attendance at a civic event,
or family emergency and shall include such other situations beyond the control
of the student, as determined by the board of education in each district,
or such other circumstances which cause reasonable concern to the parent
for the mental, emotional, or physical health or safety of the student. "Chronic or habitual truant" shall be defined as a child who is subject to compulsory
school attendance and who is absent without valid cause from such attendance
for 5% or more of the previous 180 regular attendance days. "Civic event" means an event sponsored by a non-profit organization or governmental entity that is open to the public. "Civic event" includes, but is not limited to, an artistic or cultural performance or educational gathering that supports the mission of the sponsoring non-profit organization. The State Board of Education may adopt rules to further define "civic event". "Truant minor" is defined as a chronic truant to whom supportive
services, including prevention, diagnostic, intervention and remedial
services, alternative programs and other school and community resources
have been provided and have failed to result in the cessation of chronic
truancy, or have been offered and refused. A "dropout" is defined as any child enrolled in grades 9 through 12 whose
name has been removed from the district enrollment roster for any reason
other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a
program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country. "Religion" for the purposes of this Article, includes all aspects of
religious observance and practice, as well as belief.(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23.) (Text of Section after amendment by P.A. 102-466)
Sec. 26-2a. A "truant" is defined as a child who is subject to compulsory school
attendance and who is absent without valid cause, as defined under this Section, from such attendance for more than 1% but less than 5% of the past 180 school days. "Valid cause" for absence shall be illness, including the mental or behavioral health of the student, attendance at a verified medical or therapeutic appointment, appointment with a victim services provider, observance of a religious
holiday, death in the immediate family, attendance at a civic event,
or family emergency and shall include such other situations beyond the control
of the student, as determined by the board of education in each district,
or such other circumstances which cause reasonable concern to the parent
for the mental, emotional, or physical health or safety of the student. For purposes of a student who is an expectant parent, or parent, or victim of domestic or sexual violence, "valid cause" for absence includes (i) the fulfillment of a parenting responsibility, including, but not limited to, arranging and providing child care, caring for a sick child, attending prenatal or other medical appointments for the expectant student, and attending medical appointments for a child, and (ii) addressing circumstances resulting from domestic or sexual violence, including, but 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 Article 26A, 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. A school district may require a student to verify his or her claim of domestic or sexual violence under Section 26A-45 prior to the district approving a valid cause for an absence of 3 or more consecutive days that is related to domestic or sexual violence. "Chronic or habitual truant" shall be defined as a child who is subject to compulsory
school attendance and who is absent without valid cause from such attendance
for 5% or more of the previous 180 regular attendance days. "Civic event" means an event sponsored by a non-profit organization or governmental entity that is open to the public. "Civic event" includes, but is not limited to, an artistic or cultural performance or educational gathering that supports the mission of the sponsoring non-profit organization. The State Board of Education may adopt rules to further define "civic event". "Truant minor" is defined as a chronic truant to whom supportive
services, including prevention, diagnostic, intervention and remedial
services, alternative programs and other school and community resources
have been provided and have failed to result in the cessation of chronic
truancy, or have been offered and refused. A "dropout" is defined as any child enrolled in grades 9 through 12 whose
name has been removed from the district enrollment roster for any reason
other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a
program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country. "Religion" for the purposes of this Article, includes all aspects of
religious observance and practice, as well as belief.(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-466, eff. 7-1-25; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23.) |
(105 ILCS 5/26-2b) (from Ch. 122, par. 26-2b)
Sec. 26-2b.
Any child enrolled in a public school who is unable,
because of the observance of a religious holiday, to attend classes on a
particular day or days or at a particular time of day shall be excused from
any examination or any study or work assignments on such particular day or
days or at such particular time of day. It shall be the responsibility of
the teachers and of the administrative officials of each public school to
make available to each child who is absent from school because of the
observance of a religious holiday an equivalent opportunity to make up any
examination, study or work requirements which he has missed because of such
absence on any particular day or days or at any particular time of day. No
special fees of any kind shall be charged to the child for making available
to such child such equivalent opportunity. No adverse or prejudicial
effects shall result to any child because of his availing himself of the
provisions of this Section.
(Source: P.A. 102-406, eff. 8-19-21.)
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(105 ILCS 5/26-3) (from Ch. 122, par. 26-3)
Sec. 26-3.
Teachers furnished list-Report of non-attendance-Report
of persons not on list.
The clerk or secretary of the school board of all school districts
except those employing district truant officers shall furnish the
superintendent of schools at the beginning of the school year a list of the names and
addresses of the children living in the district who come under the
provisions of this Article and of persons having custody or control of
such children. The superintendent shall at the opening of school and at other
times when required by the regional superintendent of schools compare the
list with the enrollment of the school or schools and report to the regional
superintendent of schools the names of persons having custody or control
of children included under the provisions of this Article who are truant
or who are chronic or habitual truants for whom supportive services and
other school resources have failed to correct the truant behavior and who are not in
regular attendance at the public school, and the names of such children
and their ages, stating in each case, if known, the cause of such
absence. The report shall also contain the names of any other persons
who were not enumerated in the list at the beginning of school and who
have the custody or control of children not attending school. The regional
superintendent shall, without delay, place such information at the
disposal of the regional truant officer.
(Source: P.A. 80-908.)
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(105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a)
Sec. 26-3a. Report of pupils no longer enrolled in school.
The clerk or secretary of the school board of all school districts shall
furnish quarterly on the first school day of October, January, April and
July to the regional superintendent and to the Secretary of State a list of pupils, excluding
transferees, who have been expelled or have withdrawn or who have left
school and have been removed from the regular attendance rolls during the
period of time school was in regular session from the time of the previous
quarterly report. Such list shall include the names and addresses of pupils
formerly in attendance, the names and addresses of persons having custody
or control of such pupils, the reason, if known, such pupils are no longer
in attendance and the date of removal from the attendance rolls. The list shall also include the names of: pupils whose withdrawal is due to extraordinary circumstances, including but not limited to economic or medical necessity or family hardship, as determined by the criteria established by the school district; pupils who have re-enrolled in school since their names were removed from the attendance rolls; any pupil certified to be a chronic or habitual truant, as defined in Section 26-2a; and pupils previously certified as chronic or habitual truants who have resumed regular school attendance. The
regional superintendent shall inform the county or district truant officer
who shall investigate to see that such pupils are in compliance with the
requirements of this Article.
Each local school district shall establish, in writing, a set of criteria for use by the local superintendent of schools in determining whether a pupil's failure to attend school is the result of extraordinary circumstances, including but not limited to economic or medical necessity or family hardship. If a pupil re-enrolls in school after his or her name was removed from the attendance rolls or resumes regular attendance after being certified a chronic or habitual truant, the pupil must obtain and forward to the Secretary of State, on a form designated by the Secretary of State, verification of his or her re-enrollment. The verification may be in the form of a signature or seal or in any other form determined by the school board.
The State Board of Education shall, if possible, make available to any person, upon request, a comparison of drop out rates before and after the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-916, eff. 7-1-07; 95-496, eff. 8-28-07.)
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(105 ILCS 5/26-3b) (from Ch. 122, par. 26-3b)
Sec. 26-3b.
Beginning July 1, 1986, if any child enrolled in a public school
in grades Kindergarten through 8 is absent from school, and there is no record
that such absence is for a valid cause, as defined under Article 26 of this
Code, nor notification that the absence has been authorized by the parent,
legal guardian or other person having legal custody of such child, an
employee or other agent, whether a volunteer or otherwise, designated by
the public school in which the child
is enrolled shall, within 2 hours after the first class in which the child
is enrolled, make a reasonable effort to promptly telephone and notify
the parent, legal guardian, or other person having legal
custody of the child, of the child's absence from school. Such
notification shall not be given for an absence authorized by the parent,
legal guardian or other person having legal custody of such child. Prior
to any enrollment of a child in a public school, the school district shall
notify parents, legal guardians, or other persons having legal custody of a
child, of their responsibility to authorize any absence and to notify the
school in advance or at the time of any such absence, and that the school
requires at least one and not more than 2 telephone numbers be given for
purposes of this Section. The school district shall require that such
telephone numbers be given at the time of enrollment of the child in
school, which said numbers may be changed from time to time upon
notification to the school.
The requirements of this Section shall have been met by the school if
notification of an absence has been attempted by telephoning the 1 or 2
numbers given the school by the parent, legal guardian or other person
having legal custody of a child, whether or not there is any answer at such
telephone number or numbers. Further, the requirements of this Section
shall have been met if the said notification is given to a member of the
household of the child's parent, legal guardian or other person having
legal custody of the child, which said member of the household must be 10
years of age or older.
An employee or other agent designated by the public school who in good
faith makes a reasonable effort to notify the parent, legal guardian or
other person having legal custody of a child of the child's absence from
school, when required by this Section, shall not, as a result of his acts
or omissions, except wilful or wanton misconduct on the part of such
employee or agent in attempting to comply with the notification
requirements of this Section, be liable for civil damages.
(Source: P.A. 84-178; 84-682.)
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(105 ILCS 5/26-3d) (from Ch. 122, par. 26-3d)
Sec. 26-3d.
All regional superintendents, district
superintendents, and special education joint agreement directors shall
collect data concerning truants, chronic truants, and truant minor pupils
as designated by the State Board
of Education. On or before August 15 of each year, this data must be submitted to the State Board of Education.
(Source: P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/26-4)
Sec. 26-4.
(Repealed).
(Source: Repealed by P.A. 88-50.)
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(105 ILCS 5/26-5) (from Ch. 122, par. 26-5)
Sec. 26-5.
Duties
of truant officers.
The truant officer of the school district, whenever notified by the
Superintendent, teacher, or other person of violations of this Article, or
the county truant officer, when notified by the County Superintendent,
shall investigate all cases of truancy or non-attendance at school in their
respective jurisdictions, and if the children complained of are not exempt
under the provisions of this Article, the truant officer shall proceed as
is provided in this Article. The county truant officer, within the county
and the district truant officers, within their respective districts, shall
in the exercise of their duties be conservators of the peace and shall keep
the same, suppress riots, routs, affray, fighting, breaches of the peace,
and prevent crime; and may arrest offenders on view and cause them to be
brought before proper officials for trial or examination.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/26-6) (from Ch. 122, par. 26-6)
Sec. 26-6.
List and reports in districts employing truant officers.
In school districts which employ truant officers the clerk or
secretary of the school board shall at the beginning of each school year
furnish a copy of the last school census to the superintendent of
schools (or principal teacher) in the district, together with the names
and addresses of the truant officers in the district, and the
superintendent, (or principal teacher) shall compare the census list
with the enrollment of the school or schools and, from time to time,
report to the proper truant officers the names and addresses of persons
having custody or control of children included under the provisions of
this Article who are truant or who are chronic or habitual truants for whom
supportive services and other school resources have failed to correct the
truant behavior and who are not in regular attendance at public schools
and also the names of persons having custody or control of children who are
not in regular attendance at school and whose names are not included in
the census list.
(Source: P.A. 80-908.)
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(105 ILCS 5/26-7) (from Ch. 122, par. 26-7)
Sec. 26-7. Notice
to custodian-Notice of non-compliance. If any person fails to send any child under his custody or control to
some lawful school, the truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee
shall, as soon as practicable after
he is notified thereof, give notice in person or by mail to such person
that such child shall be present at the proper public school on the day
following the receipt of such notice. The notice shall state the date that
attendance at school must begin and that such attendance must be continuous
and consecutive in the district during the remainder of the school year.
The truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee shall at the same time that such notice is given notify
the teacher or superintendent of the proper public school thereof and the
teacher or superintendent shall notify the truant officer or regional superintendent of schools of any
non-compliance therewith.
(Source: P.A. 93-858, eff. 1-1-05.)
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(105 ILCS 5/26-8) (from Ch. 122, par. 26-8)
Sec. 26-8. Determination as to compliance - Complaint in circuit court.
Except for a school district organized under Article 34 of this Code, a truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee, after giving the notice provided in Section 26-7, shall
determine whether the notice has been complied with. If 3 notices have been given and the notices have not
been complied with, and if the persons having custody or control have knowingly
and willfully permitted the truant behavior to continue, the regional superintendent of schools, or his or her designee, of the school district where the child resides shall conduct a truancy hearing. If the regional superintendent determines as a result of the hearing that the child is truant, the regional superintendent shall, if age appropriate at the discretion of the regional superintendent, require the student to complete 20 to 40 hours of community service over a period of 90 days. If the truancy persists, the regional superintendent shall (i) make complaint against the persons having custody or control to the state's
attorney or in the circuit court in the county where such person resides
for failure to comply with the provisions of this Article or (ii) conduct truancy mediation and encourage the student to enroll in a graduation incentives program under Section 26-16 of this Code. If, however,
after giving the notice provided in Section 26-7 the truant behavior has
continued, and the child is beyond the control of the parents, guardians
or custodians, a truancy petition shall be filed under the provisions of
Article III of the Juvenile Court Act of 1987.
(Source: P.A. 102-456, eff. 1-1-22.)
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(105 ILCS 5/26-8a) (from Ch. 122, par. 26-8a)
Sec. 26-8a.
The petition for court action shall include the name of the
truant minor, the names and addresses of persons having custody or control
of the student, the dates of the truant behavior, the dates and nature of
contacts or conferences with the student and the persons having custody
or control of the student, and the nature of the supportive services, alternative
programs and other school resources the school district provided to that
child in an effort to correct that child's truant behavior.
(Source: P.A. 80-908.)
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(105 ILCS 5/26-8b) (from Ch. 122, par. 26-8b)
Sec. 26-8b.
When a petition is filed, it shall be set for an
adjudicatory hearing within 10 days and acted upon within 30 days, subject
to the provisions of the Juvenile Court Act or the Juvenile Court Act of
1987 if filed thereunder.
(Source: P.A. 85-1209.)
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(105 ILCS 5/26-9) (from Ch. 122, par. 26-9)
Sec. 26-9.
School
officers and teachers to assist truant officers.
School officers, superintendents, teachers or other persons shall render
such assistance and furnish such information as they have to aid truant
officers in the performance of their duties.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/26-10) (from Ch. 122, par. 26-10)
Sec. 26-10.
Fine for noncompliance.) Any person having custody or control
of a child subject to the provisions of this Article to whom notice has
been given of the child's truancy and who knowingly and wilfully permits
such a child to persist in his truancy within that school year, upon conviction
thereof shall be guilty of a Class C misdemeanor and shall be subject to
not more than 30 days imprisonment and/or a fine of up to $500.
(Source: P.A. 80-908.)
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(105 ILCS 5/26-11) (from Ch. 122, par. 26-11)
Sec. 26-11.
Punishment for certain offenses.
Any person who induces or attempts to induce any child to be absent from
school unlawfully, or who knowingly employs or harbors, while school is in
session, any child absent unlawfully from school for 3 consecutive school
days, is guilty of a Class C misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
Sec. 26-12. Punitive action. (a) No punitive action,
including out-of-school suspensions, expulsions, or court action, shall
be taken against truant minors for such truancy unless appropriate and available supportive services
and other school resources have been provided to the student. Notwithstanding the provisions of Section 10-22.6 of this Code, a truant minor may not be expelled for nonattendance unless he or she has accrued 15 consecutive days of absences without valid cause and the student cannot be located by the school district or the school district has located the student but cannot, after exhausting all available supportive services, compel the student to return to school.
(b) A school district may not refer a truant, chronic truant, or truant minor to any other local public entity, as defined under Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act, for that local public entity to issue the child a fine or a fee as punishment for his or her truancy. (c) A school district may refer any person having custody or control of a truant, chronic truant, or truant minor to any other local public entity, as defined under Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act, for that local public entity to issue the person a fine or fee for the child's truancy only if the school district's truant officer, regional office of education, or intermediate service center has been notified of the truant behavior and the school district, regional office of education, or intermediate service center has offered all appropriate and available supportive services and other school resources to the child. Before a school district may refer a person having custody or control of a child to a municipality, as defined under Section 1-1-2 of the Illinois Municipal Code, the school district must provide the following appropriate and available services: (1) For any child who is a homeless child, as defined | ||
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(2) For any child with a documented disability, a | ||
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(3) For any child currently being evaluated by a | ||
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(d) Before a school district may refer a person having custody or control of a child to a local public entity under this Section, the school district must document any appropriate and available supportive services offered to the child. In the event a meeting under this Section does not occur, a school district must have documentation that it made reasonable efforts to convene the meeting at a mutually convenient time and date for the school district and the person having custody or control of the child and, but for the conduct of that person, the meeting would have occurred. (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18; 101-81, eff. 7-12-19.)
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(105 ILCS 5/26-13) (from Ch. 122, par. 26-13)
Sec. 26-13. Absenteeism and truancy policies. School districts shall
adopt policies, consistent with rules adopted by the State Board of
Education and Section 22-92, which identify the appropriate supportive services and available
resources which are provided for truants and chronic truants.
(Source: P.A. 102-157, eff. 7-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/26-14) (from Ch. 122, par. 26-14)
Sec. 26-14. Truancy programs for dropouts. Any dropout, as defined in
Section 26-2a, who is 17 years of age
may apply to a school district
for status as a truant, and the school district shall permit such person to
participate in the district's various programs and resources for truants.
At the time of the person's application, the district may request
documentation of his dropout status for the previous 6 months.
(Source: P.A. 93-858, eff. 1-1-05.)
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(105 ILCS 5/26-15) (from Ch. 122, par. 26-15)
Sec. 26-15.
Truant minors.
When a regional superintendent has reason
to believe that a pupil is a truant minor as defined in Section 26-2a, the
regional superintendent may report such pupil under the provisions of the
Juvenile Court Act.
(Source: P.A. 85-1209.)
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(105 ILCS 5/26-16) Sec. 26-16. Graduation incentives program.
(a) The General Assembly finds that it is critical to provide options for children to succeed in school. The purpose of this Section is to provide incentives for and encourage all Illinois students who have experienced or are experiencing difficulty in the traditional education system to enroll in alternative programs. (b) Any student who is below the age of 20 years is eligible to enroll in a graduation incentives program if he or she: (1) is considered a dropout pursuant to Section | ||
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(2) has been suspended or expelled pursuant to | ||
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(3) is pregnant or is a parent; (4) has been assessed as chemically dependent; or (5) is enrolled in a bilingual education or LEP | ||
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(c) The following programs qualify as graduation incentives programs for students meeting the criteria established in this Section: (1) Any public elementary or secondary education | ||
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(2) Any alternative learning opportunities program | ||
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(3) Vocational or job training courses approved by | ||
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(4) Job and career programs approved by the State | ||
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(5) Adult education courses that offer preparation | ||
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(d) Graduation incentives programs established by school districts are entitled to claim general State aid and evidence-based funding, subject to Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. Graduation incentives programs operated by regional offices of education are entitled to receive general State aid and evidence-based funding at the foundation level of support per pupil enrolled. A school district must ensure that its graduation incentives program receives supplemental general State aid, transportation reimbursements, and special education resources, if appropriate, for students enrolled in the program.
(Source: P.A. 100-465, eff. 8-31-17.) |
(105 ILCS 5/26-17) Sec. 26-17. (Repealed).
(Source: P.A. 97-911, eff. 8-8-12. Repealed internally, eff. 11-2-12.) |
(105 ILCS 5/26-18) Sec. 26-18. Chronic absenteeism report and support. (a) As used in this Section: "Chronic absence" means absences that total 10% or more of school days of the most recent academic school year, including absences with and without valid cause, as defined in Section 26-2a of this Code, and out-of-school suspensions for an enrolled student. "Student" means any enrolled student that is subject to compulsory attendance under Section 26-1 of this Code but does not mean a student for whom a documented homebound or hospital record is on file during the student's absence from school. (b) The General Assembly finds that: (1) The early years are a critical period in | ||
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(2) Being absent too many days from school can make | ||
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(3) Every day of school attendance matters for all | ||
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(c) Beginning July 1, 2018, every school district, charter school, or alternative school or any school receiving public funds shall collect and review its chronic absence data and determine what systems of support and resources are needed to engage chronically absent students and their families to encourage the habit of daily attendance and promote success. The review shall include an analysis of chronic absence data from each attendance center or campus of the school district, charter school, or alternative school or other school receiving public funds. (d) School districts, charter schools, or alternative schools or any school receiving public funds are encouraged to provide a system of support to students who are at risk of reaching or exceeding chronic absence levels with strategies such as those available through the Illinois Multi-tiered Systems of Support Network. Schools additionally are encouraged to make resources available to families such as those available through the State Board of Education's Family Engagement Framework to support and engage students and their families to encourage heightened school engagement and improved daily school attendance.
(Source: P.A. 100-156, eff. 1-1-18.) |
(105 ILCS 5/26-19) Sec. 26-19. Chronic absenteeism in preschool children. (a) In this Section, "chronic absence" has the meaning ascribed to that term in Section 26-18 of this Code. (b) The General Assembly makes all of the following findings: (1) The early years are an extremely important period | ||
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(2) Missed learning opportunities in the early years | ||
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(3) Attendance patterns in the early years serve as | ||
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(c) The Preschool for All Program and Preschool for All Expansion Program under Section 2-3.71 of this Code shall collect and review its chronic absence data and determine what support and resources are needed to positively engage chronically absent students and their families to encourage the habit of daily attendance and promote success. (d) The Preschool for All Program and Preschool for All Expansion Program under Section 2-3.71 of this Code are encouraged to do all of the following: (1) Provide support to students who are at risk of | ||
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(2) Make resources available to families, such as | ||
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(3) Include information about chronic absenteeism as | ||
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(e) On or before July 1, 2020, and annually thereafter, the Preschool for All Program and Preschool for All Expansion Program shall report all data collected under subsection (c) of this Section to the State Board of Education, which shall make the report publicly available via the Illinois Early Childhood Asset Map Internet website and the Preschool for All Program or Preschool for All Expansion Program triennial report.
(Source: P.A. 102-539, eff. 8-20-21.) |
(105 ILCS 5/Art. 26A heading) ARTICLE 26A. CHILDREN AND STUDENTS WHO ARE PARENTS, EXPECTANT PARENTS, OR VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-1) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-1. Scope of Article. This Article applies to all school districts and schools governed by this Code, including schools operating under Article 13, 13A, 13B, 27A, 32, 33, or 34. However, this Article does not apply to the Department of Juvenile Justice School District.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-5. Purpose. The purpose of this Article is to ensure that Illinois schools have policies, procedures, or both, in place that enable children and students who are parents, expectant parents, or victims of domestic or sexual violence to be identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related services necessary to enable them to meet State educational standards and successfully attain a school diploma. This Article shall be interpreted liberally to aid in this purpose. Nothing in this Article precludes or may be used to preclude a mandated reporter from reporting child abuse or child neglect as required under the Abused and Neglected Child Reporting Act.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-10) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-10. Definitions. In this Article: "Confidential" means information or facts expected and intended to be kept private or protected by an existing privilege in the Code of Civil Procedure. Confidential information may be disclosed by a school or school district if such disclosure is required by State or federal law or is necessary to complete proceedings relevant to this Article. Designation of student information as confidential applies to the school and school district and does not limit a student's right to speak about the student's experiences. "Consent" includes, at a minimum, a recognition that (i) consent is a freely given agreement to sexual activity, (ii) an individual's lack of verbal or physical resistance or submission resulting from the use of threat of force does not constitute consent, (iii) an individual's manner of dress does not constitute consent, (iv) an individual's consent to past sexual activity does not constitute consent to future sexual activity, (v) an individual's consent to engage in one type of sexual activity with one person does not constitute consent to engage in any other type of sexual activity or sexual activity with another person, (vi) an individual can withdraw consent at any time, and (vii) an individual cannot consent to sexual activity if that individual is unable to understand the nature of the activity or give knowing consent due to the circumstances that include, but are not limited to, all the following: (1) The individual is incapacitated due to the use or | ||
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(2) The individual is asleep or unconscious. (3) The individual is under the age of consent. (4) The individual is incapacitated due to a mental | ||
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"Domestic or sexual violence" means domestic violence, gender-based harassment, sexual activity without consent, sexual assault, sexual violence, or stalking. Domestic or sexual violence may occur through electronic communication. Domestic or sexual violence exists regardless of when or where the violence occurred, whether or not the violence is the subject of a criminal investigation or the perpetrator has been criminally charged or convicted of a crime, whether or not an order of protection or a no-contact order is pending before or has been issued by a court, or whether or not any domestic or sexual violence took place on school grounds, during regular school hours, or during a school-sponsored event. "Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or advocates for those victims, including an organization carrying out a domestic or sexual violence program, an organization operating a shelter or a rape crisis center or providing counseling services, an accredited children's advocacy center, an organization that provides services to or advocates on behalf of children and students who are gay, lesbian, bisexual, transgender, or gender nonconforming, an organization that provides services to or advocates on behalf of children and students who are parents or expectant parents, or an organization seeking to eliminate domestic or sexual violence or to address the consequences of that violence for its victims through legislative advocacy or policy change, public education, or service collaboration. "Domestic violence" means abuse, as defined in the Illinois Domestic Violence Act of 1986, by family or household members, as defined in the Illinois Domestic Violence Act of 1986. "Electronic communication" includes communications via telephone, mobile phone, computer, email, video recorder, fax machine, telex, pager, apps or applications, or any other electronic communication or cyberstalking under Section 12-7.5 of the Criminal Code of 2012. "Expectant parent" means a student who (i) is pregnant and (ii) has not yet received a diploma for completion of a secondary education, as defined in Section 22-22. "Gender-based harassment" means any harassment or discrimination on the basis of an individual's actual or perceived sex or gender, including unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature, or unwelcome conduct, including verbal, nonverbal, or physical conduct that is not sexual in nature but is related to a student's status as a parent, expectant parent, or victim of domestic or sexual violence. "Harassment" means any unwelcome conduct on the basis of a student's actual or perceived race, gender, color, religion, national origin, ancestry, sex, marital status, order of protection status, disability, sexual orientation, gender identity, pregnancy, or citizenship status that has the purpose or effect of substantially interfering with the individual's academic performance or creating an intimidating, hostile, or offensive learning environment. "Perpetrator" means an individual who commits or is alleged to have committed any act of domestic or sexual violence. The term "perpetrator" must be used with caution when applied to children, particularly young children. "Poor academic performance" means a student who has (i) scored in the 50th percentile or below on a school district-administered standardized test, (ii) received a score on a State assessment that does not meet standards in one or more of the fundamental learning areas under Section 27-1, as applicable for the student's grade level, or (iii) not met grade-level expectations on a school district-designated assessment. "Representative" means an adult who is authorized to act on behalf of a student during a proceeding, including an attorney, parent, or guardian. "School" means a school district or school governed by this Code, including a school operating under Article 13, 13A, 13B, 27A, 32, 33, or 34, other than the Department of Juvenile Justice School District. "School" includes 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. "Sexual activity" means any knowingly touching or fondling by one person, either directly or through clothing, of the sex organs, anus, mouth, or breast of another person for the purpose of sexual gratification or arousal. "Sexual assault" or "sexual violence" means any conduct of an adult or minor child proscribed in Article 11 of the Criminal Code of 2012, except for Sections 11-35, 11-40, and 11-45 of the Criminal Code of 2012, including conduct committed by a perpetrator who is a stranger to the victim and conduct by a perpetrator who is known or related by blood or marriage to the victim. "Stalking" means any conduct proscribed in Section 12-7.3, 12-7.4, or 12-7.5 of the Criminal Code of 2012, including stalking committed by a perpetrator who is a stranger to the victim and stalking committed by a perpetrator who is known or related by blood or marriage to the victim. "Student" or "pupil" means any child who has not yet received a diploma for completion of a secondary education. "Student" includes, but is not limited to, an unaccompanied minor not in the physical custody of a parent or guardian. "Student at risk of academic failure" means a student who is at risk of failing to meet the Illinois Learning Standards or failing to graduate from elementary or high school and who demonstrates a need for educational support or social services beyond those provided by the regular school program. "Student parent" means a student who is a custodial or noncustodial parent taking an active role in the care and supervision of a child and who has not yet received a diploma for completion of a secondary education. "Support person" means any person whom the victim has chosen to include in proceedings for emotional support or safety. A support person does not participate in proceedings but is permitted to observe and support the victim with parent or guardian approval. "Support person" may include, but is not limited to, an advocate, clergy, a counselor, and a parent or guardian. If a student is age 18 years or older, the student has the right to choose a support person without parent or guardian approval. "Survivor-centered" means a systematic focus on the needs and concerns of a survivor of sexual violence, domestic violence, dating violence, or stalking that (i) ensures the compassionate and sensitive delivery of services in a nonjudgmental manner, (ii) ensures an understanding of how trauma affects survivor behavior, (iii) maintains survivor safety, privacy, and, if possible, confidentiality, and (iv) recognizes that a survivor is not responsible for the sexual violence, domestic violence, dating violence, or stalking. "Trauma-informed response" means a response involving an understanding of the complexities of sexual violence, domestic violence, dating violence, or stalking through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding sexual violence, domestic violence, dating violence, or stalking, and understanding the behavior of perpetrators. "Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-15) (Section scheduled to be repealed on December 1, 2025) Sec. 26A-15. Ensuring Success in School Task Force. (a) The Ensuring Success in School Task Force is created to draft and publish model policies and intergovernmental agreements for inter-district transfers; draft and publish model complaint resolution procedures as required in subsection (c) of Section 26A-25; identify current mandatory educator and staff training and additional new trainings needed to meet the requirements as required in Section 26A-25 and Section 26A-35. These recommended policies and agreements shall be survivor-centered and rooted in trauma-informed responses and used to support all students, from pre-kindergarten through grade 12, who are survivors of domestic or sexual violence, regardless of whether the perpetrator is school-related or not, or who are parenting or pregnant, regardless of whether the school is a public school, nonpublic school, or charter school. (b) The Task Force shall be representative of the geographic, racial, ethnic, sexual orientation, gender identity, and cultural diversity of this State. The Task Force shall consist of all of the following members, who must be appointed no later than 60 days after the effective date of this amendatory Act of the 102nd General Assembly: (1) One Representative appointed by the Speaker of | ||
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(2) One Representative appointed by the Minority | ||
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(3) One Senator appointed by the President of the | ||
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(4) One Senator appointed by the Minority Leader of | ||
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(5) One member who represents a State-based | ||
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(6) One member who represents a State-based, | ||
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(7) One member who represents a statewide, nonprofit, | ||
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(8) One member who represents a statewide, nonprofit, | ||
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(9) One member who represents an organization that | ||
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(10) One member who represents a youth-led | ||
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(11) One member who represents the Children's | ||
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(12) One representative of the State Board of | ||
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(13) One member who represents a statewide | ||
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(14) One member who represents a statewide | ||
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(15) One member who represents a statewide | ||
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(16) One member who represents a statewide | ||
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(17) One member who represents a different statewide | ||
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(18) One member who represents a statewide | ||
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(19) One member who represents a statewide | ||
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(20) One member who represents a school district | ||
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(21) One member who represents an association | ||
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(c) The Task Force shall first meet at the call of the State Superintendent of Education, and each subsequent meeting shall be called by the chairperson, who shall be designated by the State Superintendent of Education. The State Board of Education shall provide administrative and other support to the Task Force. Members of the Task Force shall serve without compensation. (d) On or before June 30, 2024, the Task Force shall report its work, including model policies, guidance recommendations, and agreements, to the Governor and the General Assembly. The report must include all of the following: (1) Model school and district policies to facilitate | ||
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(2) Model school and district policies to ensure | ||
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(3) Model school and district complaint resolution | ||
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(4) Guidance for schools and districts regarding | ||
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(e) The Task Force is dissolved upon submission of its report under subsection (d). (f) This Section is repealed on December 1, 2025.
(Source: P.A. 102-466, eff. 5-20-22 (see Section 5 of P.A. 102-894 for effective date of P.A. 102-466).) |
(105 ILCS 5/26A-20) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-20. Review and revision of policies and procedures. (a) No later than July 1, 2024 and every 2 years thereafter, each school district must review all existing policies and procedures and must revise any existing policies and procedures that may act as a barrier to the immediate enrollment and re-enrollment, attendance, graduation, and success in school of any student who is a student parent, expectant student parent, or victim of domestic or sexual violence or any policies or procedures that may compromise a criminal investigation relating to domestic or sexual violence or may re-victimize students. A school district must adopt new policies and procedures, as needed, to implement this Section and to ensure that immediate and effective steps are taken to respond to students who are student parents, expectant parents, or victims of domestic or sexual violence. (b) A school district's policy must be consistent with the model policy and procedures adopted by the State Board of Education and under Public Act 101-531. (c) A school district's policy on the procedures that a student or his or her parent or guardian may follow if he or she chooses to report an incident of alleged domestic or sexual violence must, at a minimum, include all of the following: (1) The name and contact information for domestic or | ||
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(2) The name, title, and contact information for | ||
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(3) An option for the student or the student's parent | ||
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(4) An option for reports by third parties and | ||
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(5) Information regarding the various individuals, | ||
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(6) The adoption of a complaint resolution procedure | ||
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(d) A school district must post its revised policies and procedures on its website, distribute them at the beginning of each school year to each student, and make copies available to each student and his or her parent or guardian for inspection and copying at no cost to the student or parent or guardian at each school within a school district.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-25) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-25. Complaint resolution procedure. (a) On or before July 1, 2024, each school district must adopt one procedure to resolve complaints of violations of this amendatory Act of the 102nd General Assembly. The respondent must be one or more of the following: the school, school district, or school personnel. These procedures shall comply with the confidentiality provisions of Sections 26A-20 and 26A-30. The procedures must include, at minimum, all of the following: (1) The opportunity to consider the most appropriate | ||
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(2) Any proceeding, meeting, or hearing held to | ||
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(3) Complainants alleging violations of this | ||
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(b) A school district must determine the individuals who will resolve complaints of violations of this amendatory Act of the 102nd General Assembly. (1) All individuals whose duties include resolution | ||
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(2) Each school must have a sufficient number of | ||
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(3) The complainant and any witnesses shall (i) | ||
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(c) When the alleged violation of this amendatory Act of the 102nd General Assembly involves making a determination or finding of responsibility of causing harm: (1) The individual making the finding must use a | ||
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(2) The complainant and respondent and any witnesses | ||
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(3) A live hearing is not required. If the complaint | ||
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(d) Each party and witness may request and must be allowed to have a representative or support persons of their choice accompany them to any meeting or proceeding related to the alleged violence or violation of this amendatory Act of the 102nd General Assembly if the involvement of the representative or support persons does not result in undue delay of the meeting or proceeding. This representative or support persons must comply with any rules of the school district's complaint resolution procedure. If the representative or support persons violate the rules or engage in behavior or advocacy that harasses, abuses, or intimidates either part, a witness, or an individual resolving the complaint, the representative or support person may be prohibited from further participation in the meeting or proceeding. (e) The complainant, regardless of the level of involvement in the complaint resolution procedure, and the respondent must have the opportunity to provide or present evidence and witnesses on their behalf during the complaint resolution procedure. (f) The complainant and respondent and any named perpetrator directly impacted by the results of the complaint resolution procedure, are entitled to simultaneous written notification of the results of the complaint resolution procedure, including information regarding appeals rights and procedures, within 10 business days after a decision or sooner if required by State or federal law or district policy. (1) The complainant, respondents, and named | ||
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(2) An individual reviewing the findings or remedies | ||
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(3) The complainant and respondent and any | ||
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(g) Each school district must have a procedure to determine interim protective measures and support services available pending the resolution of the complaint including the implementation of court orders.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-30) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-30. Confidentiality. (a) Each school district must adopt and ensure that it has and implements a policy
to ensure that all information concerning a
student's status and related experiences as a parent, expectant parent, or victim of domestic or sexual violence, or a student who is a named perpetrator of domestic or sexual violence, provided to or otherwise obtained by the school district or its employees or agents pursuant to this Code or otherwise, including a statement of the student or any other documentation, record, or corroborating evidence that the student has requested or obtained assistance, support, or services pursuant to this Code, shall be retained in the strictest of confidence by the school district or its employees or agents and may not be disclosed to any other individual outside of the district, including any other employee, except if such disclosure is (i) permitted by the Illinois School Student Records Act, the federal Family Educational Rights and Privacy Act of 1974, or other applicable State or federal laws, or (ii) requested or consented to, in writing, by the student or the student's parent or guardian if it is safe to obtain written consent from the student's parent or guardian. (b) Prior to disclosing information about a student's status as a parent, expectant parent, or victim of domestic or sexual violence, a school must notify the student and discuss and address any safety concerns related to the disclosure, including instances in which the student indicates or the
school or school district or its employees or agents are otherwise aware that the student's health or safety may be at risk if his or her status is disclosed to the student's parent or guardian, except as otherwise permitted by applicable State or federal law, including the Abused and Neglected Child Reporting Act, the Illinois School Student Records Act, the federal Family Educational Rights and Privacy Act of 1974, and professional ethics policies that govern professional school personnel. (c) No student may be required to testify publicly concerning his or her status as a victim of domestic or sexual violence, allegations of domestic or sexual violence, his or her status as a parent or expectant parent, or the student's efforts to enforce any of his or her rights under provisions of this Code relating to students who are parents, expectant
parents, or victims of domestic or sexual violence. (d) In the case of domestic or sexual violence, except as permitted under State or federal law, or to the extent that a school official determines that the school official has an obligation to do so based on safety concerns or threats to the community, including the victim, a school district must not contact the person named to be the perpetrator, the perpetrator's family, or any other person named by the student or named by the student's parent or guardian to be unsafe to contact to verify the violence. A school district must not contact the perpetrator, the perpetrator's family, or any
other person named by the student or the student's parent or guardian to be unsafe for any other reason without providing prior written notice to the student's parent or guardian. Nothing in this Section prohibits the school or school district from taking other steps to investigate the violence or from contacting persons not named by the student or the student's parent or guardian as unsafe to contact. Nothing in this Section prohibits the school or school district from taking reasonable steps to protect students. If the reasonable steps taken to protect students involve conduct that is prohibited under this subsection, the school must provide notice to the reporting student, in writing and in a developmentally appropriate communication format, of its intent to contact the parties named to be unsafe.
(e) This Section shall not apply to notification of parents or guardians if the perpetrator of the alleged sexual misconduct is an employee, agent, or contractor of a school district, charter school, or nonpublic school with direct contact with children or students. (Source: P.A. 102-466, eff. 7-1-25; 102-702, eff. 7-1-23.) |
(105 ILCS 5/26A-35) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-35. Domestic or sexual violence and parenting resource personnel. (a) Each school district shall designate or appoint at least one staff person at each school in the district who is employed at least part time at the school and who is a school social worker, school psychologist, school counselor, school nurse, or school administrator trained to address, in a survivor-centered, trauma responsive, culturally responsive, confidential, and sensitive manner, the needs of students who are parents, expectant parents, or victims of domestic or sexual violence. The designated or appointed staff person must have all of the following duties: (1) To connect students who are parents, expectant | ||
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(2) To coordinate the implementation of the school's | ||
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(3) To coordinate the implementation of the school's | ||
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(4) To assist students described in paragraph (1) in | ||
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(5) To assist in providing staff development to | ||
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(b) A member of staff who is designated or appointed under subsection (a) must (i) 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, and the notification of the student's parent or guardian regarding the student's status as a parent, expectant parent, or victim of domestic or sexual violence or the enforcement of the student's rights under this Code if the notice of the student's status or the involvement of the student's parent or guardian may put the health or safety of the student at risk, including the rights of minors to consent to counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code, or (ii) at a minimum, have participated in an in-service training program under subsection (d) of Section 10-22.39 that includes training on the rights of minors to consent to counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code within 12 months prior to his or her designation or appointment. (c) A school district must designate or appoint and train all domestic or sexual violence and parenting resource personnel, and the personnel must assist in implementing the duties as described in this Section no later than June 30, 2024, except in those school districts in which there exists a collective bargaining agreement on the effective date of this amendatory Act of the 102nd General Assembly and the implementation of this Section would be a violation of that collective bargaining agreement. If implementation of some activities required under this Section is prevented by an existing collective bargaining agreement, a school district must comply with this Section to the fullest extent allowed by the existing collective bargaining agreement no later than June 30, 2024. In those instances in which a collective bargaining agreement that either fully or partially prevents full implementation of this Section expires after June 30, 2024, a school district must designate or appoint and train all domestic and sexual violence and parenting resource personnel, who shall implement the duties described in this Section no later than the effective date of the new collective bargaining agreement that immediately succeeds the collective bargaining agreement in effect on the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-40) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-40. Support and services. (a) To facilitate the full participation of students who are parents, expectant parents, or victims of domestic or sexual violence, each school district must provide those students with in-school support services and information regarding nonschool-based support services, and the ability to make up work missed on account of circumstances related to the student's status as a parent, expectant parent, or victim of domestic or sexual violence. Victims of domestic or sexual violence must have access to those supports and services regardless of when or where the violence for which they are seeking supports and services occurred. All supports and services must be offered for as long as necessary to maintain the mental and physical well-being and safety of the student. Schools may periodically check on students receiving supports and services to determine whether each support and service continues to be necessary to maintain the mental and physical well-being and safety of the student or whether termination is appropriate. (b) Supports provided under subsection (a) shall
include, but are not limited to (i) the provision of
sufficiently private settings to ensure confidentiality and
time off from class for meetings with counselors or other
service providers, (ii) assisting the student with a student
success plan, (iii) transferring a victim of domestic or
sexual violence or the student perpetrator to a different
classroom or school, if available, (iv) changing a seating assignment, (v)
implementing in-school, school grounds, and bus safety
procedures, (vi) honoring court orders, including orders of
protection and no-contact orders to the fullest extent
possible, and (vii) providing any other supports that may
facilitate the full participation in the regular education
program of students who are parents, expectant parents, or
victims of domestic or sexual violence. (c) If a student who is a parent, expectant parent, or
victim of domestic or sexual violence is a student at risk of
academic failure or displays poor academic performance, the
student or the student's parent or guardian may request that
the school district provide the student with or refer the
student to education and support services designed to assist
the student in meeting State learning standards. A school
district may either provide education or support services
directly or may collaborate with public or private State,
local, or community-based organizations or agencies that
provide these services. A school district must also inform
those students about support services of
nonschool-based organizations and agencies from which those
students typically receive services in the community. (d) Any student who is unable, because of circumstances
related to the student's status as a parent, expectant parent,
or victim of domestic or sexual violence, to participate in
classes on a particular day or days or at the particular time
of day must be excused in accordance with the procedures set forth in this Code.
Upon student or parent or guardian's request, the
teachers and of the school administrative personnel and
officials shall make available to each student who is unable to
participate because of circumstances related to the student's
status as a parent, expectant parent, or victim of domestic or
sexual violence a meaningful opportunity to make up any
examination, study, or work requirement that the student has
missed because of the inability to participate on any
particular day or days or at any particular time of day. For a
student receiving homebound instruction, it is the
responsibility of the student and parent to work with the
school or school district to meet academic standards for
matriculation, as defined by school district policy. Costs
assessed by the school district on the student for
participation in those activities shall be considered waivable
fees for any student whose parent or guardian is unable to
afford them, consistent with Section 10-20.13. Each school
district must adopt written policies for waiver
of those fees in accordance with rules adopted by the State
Board of Education. (e) If a school or school district employee or agent
becomes aware of or suspects a student's status as a parent,
expectant parent, or victim of domestic or sexual violence, it
is the responsibility of the employee or agent of the school or
school district to
refer the student to the school district's domestic
or sexual violence and parenting resource personnel set forth
in Section 26A-35. A school district must make respecting a
student's privacy, confidentiality, mental and physical
health, and safety a paramount concern. (f) Each school must honor a student's and a parent's or
guardian's decision to obtain education and support services
and nonschool-based support services, to
terminate the receipt of those education and support services,
or nonschool-based support services, or to
decline participation in those education and support services,
or nonschool-based support services. No
student is obligated to use education and support services,
or nonschool-based support services. In
developing educational support services, the
privacy, mental and physical health, and safety of the student
shall be of paramount concern. No adverse or prejudicial
effects may result to any student because of the student's
availing of or declining the provisions of this Section as
long as the student is working with the school to meet academic
standards for matriculation as defined by school district
policy. (g) Any support services
must be available in any school or by home
or hospital instruction to the highest quality and fullest
extent possible for the individual setting. (h) School-based counseling
services, if available, must be offered to students
who are parents, expectant parents, or victims of domestic or
sexual violence consistent with the Mental Health and
Developmental Disabilities Code. At least once every school
year, each school district must inform, in writing, all school
personnel and all students 12 years of age or older of the
availability of counseling without parental or guardian
consent under Section 3-5A-105 (to be renumbered as Section
3-550 in a revisory bill as of the effective date of this
amendatory Act of the 102nd General Assembly) of the Mental
Health and Developmental Disabilities Code. This information
must also 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. (i) All domestic or sexual violence organizations and
their staff and any other nonschool organization and its staff
shall maintain confidentiality under federal and State
laws and their professional ethics policies regardless of when
or where information, advice, counseling, or any other
interaction with students takes place. A school or school
district may not request or require those organizations or
individuals to breach confidentiality.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-45) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-45. Verification. (a) For purposes of students asserting their rights under provisions relating to domestic or sexual violence in Sections 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a school district may require verification of the claim. The student or the student's parents or guardians shall choose which form of verification to submit to the school district. A school district may only require one form of verification, unless the student is requesting a transfer to another school, in which case the school district may require 2 forms of verification. All forms of verification received by a school district under this subsection (a) must be kept in a confidential temporary file, in accordance with the Illinois School Student Records Act. Any one of the following shall be an acceptable form of verification of a student's claim of domestic or sexual violence: (1) A written statement from the student or anyone | ||
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(2) A police report, governmental agency record, or | ||
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(3) A statement or other documentation from a | ||
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(4) Documentation from a lawyer, clergy person, | ||
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(5) Any other evidence, such as physical evidence of | ||
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(b) A student or a student's parent or guardian who has provided acceptable verification that the student is or has been a victim of domestic or sexual violence may not be required to provide any additional verification if the student's efforts to assert rights under this Code stem from a claim involving the same perpetrator or the same incident of violence. No school or school district shall request or require additional documentation. (c) The person named to be the perpetrator, the
perpetrator's family, or any other person named by the student
or the student's parent or 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 federal or State law or safety concerns for the school community, including such concerns for the victim. Prior to making contact, a school must notify the student and his or his parent or guardian in writing and in a developmentally appropriate manner, and discuss
and address any safety concerns related to making such contact.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/26A-50) (This Section may contain text from a Public Act with a delayed effective date) Sec. 26A-50. Prohibited practices. No school or school
district may take any adverse action against a student who is a
parent, expectant parent, or victim of domestic or sexual
violence because the student or his or her parent or guardian
(i) exercises or attempts to exercise his or her rights under
this amendatory Act of the 102nd General Assembly, (ii)
opposes practices that the student or his or her parent or
guardian believes to be in violation of this amendatory Act of
the 102nd General Assembly, or (iii) supports the exercise of
the rights of another under this amendatory Act of the 102nd
General Assembly. Exercising rights under this amendatory Act of the 102nd
General Assembly
includes, but is not limited to,
filing a complaint with the school district as set forth in this Code
or in any manner requesting, availing
himself or herself of, or declining any of the provisions of
this Code, including,
but not limited to, supports and services.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/Art. 27 heading) ARTICLE 27.
COURSES OF STUDY--SPECIAL INSTRUCTION
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(105 ILCS 5/27-1) (from Ch. 122, par. 27-1)
Sec. 27-1. Areas of education taught - discrimination
on account of sex. The State of Illinois, having the responsibility of
defining requirements for elementary and secondary education, establishes
that the primary purpose of schooling is the transmission of knowledge and
culture through which children learn in areas necessary to their continuing
development and entry into the world of work. Such areas include the language
arts, mathematics, the biological, physical and social sciences, the fine
arts and physical development and health.
Each school district shall give priority in the allocation of resources,
including funds, time allocation, personnel, and facilities, to fulfilling
the primary purpose of schooling.
The State Board of Education shall establish goals and learning standards consistent with the
above purposes and define the knowledge and skills which the State expects
students to master and apply as a consequence of their education.
Each school district shall establish learning objectives consistent with
the State Board of Education's goals and learning standards for the areas referred to in this Section, shall develop appropriate testing and
assessment systems for determining the degree to which students are
achieving the objectives, and shall develop reporting systems to apprise the
community and State of the assessment results.
Each school district shall make available to all
students academic and vocational courses for the attainment of learning
objectives.
No student shall be refused admission into or be excluded from any
course of instruction offered in the common schools by reason of that
person's sex. No student shall, solely by reason of that person's sex,
be denied equal access to physical education and interscholastic
athletic programs or comparable programs supported from school district
funds. This Section is violated when a high school subject to this Act
participates in the post-season basketball tournament of any organization
or association that does not conduct post-season high school basketball
tournaments for both boys and girls, which tournaments are identically
structured. Conducting identically structured tournaments includes having
the same number of girls' teams as boys' teams playing, in their respective
tournaments, at any common location chosen for the final series of games in
a tournament; provided, that nothing in this paragraph shall be deemed to
prohibit the selection for the final series of games in the girls'
tournaments of a common location that is different than the common location
selected for the final series of games in the boys' tournaments. Except
as specifically stated in this Section, equal access
to programs supported by school district funds and comparable programs will
be defined in rules promulgated by the State Board of Education in
consultation with the Illinois High School Association.
(Source: P.A. 94-875, eff. 7-1-06.)
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(105 ILCS 5/27-1.5) Sec. 27-1.5. (Repealed).
(Source: P.A. 96-1374, eff. 7-29-10. Repealed internally, eff. 7-1-12.) |
(105 ILCS 5/27-2) (from Ch. 122, par. 27-2)
Sec. 27-2.
Instruction in English language.
Instruction in all public
elementary and secondary
schools of the State shall be in the English language except in
second language programs and except in conjunction with programs which
the school board may provide, with the
approval of the State Board of Education pursuant to Article 14C, in a
language other than English for children whose first language is other than
English.
(Source: P.A. 85-1389.)
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(105 ILCS 5/27-3) (from Ch. 122, par. 27-3)
Sec. 27-3. Patriotism and principles of representative
government - Proper use of flag - Method of voting - Pledge of Allegiance.
American patriotism and the principles of representative government,
as enunciated in the American Declaration of Independence, the
Constitution of the United States of America and the Constitution of the
State of Illinois, and the proper use and display of the American flag,
shall be taught in all public schools and other educational institutions
supported or maintained in whole or in part by public funds. No student
shall receive a certificate of graduation without passing a satisfactory
examination upon such subjects, which may be administered remotely.
Instruction shall be given in all such schools and institutions in
the method of voting at elections by means of the Australian Ballot
system and the method of the counting of votes for candidates.
The Pledge of Allegiance shall be recited each school day by pupils in
elementary and secondary educational institutions supported or maintained
in whole or
in part by public funds.
(Source: P.A. 101-643, eff. 6-18-20.)
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(105 ILCS 5/27-3.5) Sec. 27-3.5. Congressional Medal of Honor film. Each school district shall require that all students in grade 7 and all high school students enrolled in a course concerning history of the United States or a combination of history of the United States and American government view a Congressional Medal of Honor film made by the Congressional Medal of Honor Foundation. This requirement does not apply if the Congressional Medal of Honor Foundation charges the school district a fee for a film.
(Source: P.A. 96-99, eff. 7-27-09.) |
(105 ILCS 5/27-3.10) Sec. 27-3.10. Elementary school civics course of study. In addition to the instruction required to be provided under Section 27-3 of this Code, every public elementary school shall include in its 6th, 7th, or 8th grade curriculum, beginning with the 2020-2021 school year, at least one semester of civics education, which shall help young people acquire and learn to use the skills, knowledge, and attitudes that will prepare them to be competent and responsible citizens throughout their lives. Civics education course content shall focus on government institutions, the discussion of current and societal issues, service learning, and simulations of the democratic process. Civics education in 6th, 7th, or 8th grade shall be in accordance with Illinois Learning Standards for social science. Additionally, school districts may consult with civics education stakeholders, deemed appropriate by the State Board of Education, with regard to civics education curriculum for 6th, 7th, or 8th grade. School districts may utilize private funding available for the purposes of offering civics education.
(Source: P.A. 101-254, eff. 7-1-20.) |
(105 ILCS 5/27-4) (from Ch. 122, par. 27-4)
Sec. 27-4.
Time
devoted to subjects mentioned in Section 27-3. Not less than one hour of
each school week shall be devoted to the study of the subject mentioned in
Section 27-3 in the seventh and eighth grades or their equivalent, and not
less than one hour of each school week to the advanced study thereof in all
high school grades, in the public schools and other institutions mentioned
in such Section.
This Section does not prevent the study of such subjects in any of the
lower grades in such schools or institutions.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/27-5) (from Ch. 122, par. 27-5)
Sec. 27-5.
Physical education and training.
School boards of public schools and the Board of Governors of State
Colleges and Universities shall provide for the physical education and
training of pupils of the schools and laboratory schools under their
respective control, and shall include physical education and training in
the courses of study regularly taught therein. The physical education
and training course offered in grades 5 through 10 may include
the health
education course required in the Critical Health Problems and
Comprehensive
Health Education Act.
(Source: P.A. 89-618, eff. 8-9-96.)
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(105 ILCS 5/27-6) (from Ch. 122, par. 27-6)
Sec. 27-6. Courses in physical education required; special activities.
(a) Pupils enrolled in the public schools and State universities engaged in
preparing teachers shall be required to engage
during the school day, except on block scheduled days for those public schools engaged in block scheduling, in courses of physical education for such
periods as are
compatible with the optimum growth and developmental needs of
individuals at the various age levels except when appropriate excuses
are submitted to the school by a pupil's parent or guardian or by a person
licensed under the Medical Practice Act of 1987 and except as provided in
subsection (b) of this Section. A school board may determine the schedule or frequency of physical education courses, provided that a pupil engages in a course of physical education for a minimum of 3 days per 5-day week.
Special activities in physical education shall be provided for pupils
whose physical or emotional condition, as determined by a person licensed
under the Medical Practice Act of 1987, prevents their participation in the
courses provided for normal children.
(b) A school board is authorized to excuse pupils enrolled
in grades 11 and 12 from engaging in physical education courses if those
pupils request to be excused for any of the following reasons: (1) for
ongoing participation in an interscholastic
athletic program; (2) to enroll in academic classes which are required for
admission to an institution of higher learning, provided that failure to
take such classes will result in the pupil being denied admission to the
institution of his or her choice; or (3) to enroll in academic classes
which are required for graduation from high school, provided that failure to
take such classes will result in the pupil being unable to graduate. A school
board may also excuse pupils in grades 9 through 12 enrolled in a marching band
program for credit from engaging in physical education courses if those pupils
request to be excused for ongoing participation in such marching band
program. A school board may also, on a case-by-case basis, excuse pupils in grades 7 through 12 who participate in an interscholastic or extracurricular athletic program from engaging in physical education courses. In addition, a pupil
in any of grades 3 through 12 who is eligible for special education may be excused if the pupil's parent or guardian agrees that the pupil
must utilize the time set aside for physical education to receive special education support and services or, if there is no agreement, the individualized education program team for the pupil determines that the pupil must utilize the time set aside for physical education to receive special education support and services, which agreement or determination must be made a part of the individualized education program. However, a pupil requiring adapted physical education must receive that service in accordance with the individualized education program developed for the pupil. If requested, a school board is authorized to excuse a pupil from engaging in a physical education course if the pupil has an individualized educational program under Article 14 of this Code, is participating in an adaptive athletic program outside of the school setting, and documents such participation as determined by the school board. A school board may also excuse pupils in grades 9 through 12 enrolled
in a Reserve Officer's Training Corps (ROTC) program sponsored by the school
district from engaging in physical education courses.
School boards which choose to exercise this authority shall establish a policy
to excuse pupils on an individual basis.
(b-5) A pupil shall be excused from engaging in any physical activity components of a physical education course during a period of religious fasting if the pupil's parent or guardian notifies the school principal in writing that the pupil is participating in religious fasting. (c) The provisions of this Section are subject to the provisions of
Section 27-22.05.
(Source: P.A. 102-405, eff. 8-19-21.)
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(105 ILCS 5/27-6.3) Sec. 27-6.3. Play time required in elementary school. (a) All public schools shall provide daily time for supervised, unstructured, child-directed play for all students in kindergarten through grade 5. Play time must allow unstructured play, and may include organized games, but shall not include the use of computers, tablets, phones, or videos. Schools are encouraged to provide play time outdoors, but it may be held indoors. If play time is held indoors, schools are encouraged to provide it in a space that promotes physical activity. Time spent dressing or undressing for outdoor play time shall not count towards the daily time for play. (b) Play time shall not count as a course of physical education that fulfills the requirements of Section 27-6, nor shall time spent in a course of physical education count towards the daily time for play. (c) Play time shall be considered clock hours for the purposes of Section 10-19.05. For any school day 5 clock hours or longer in length, the total time allotted for play for students in kindergarten through grade 5 must be at least 30 minutes. For any school day less than 5 clock hours in length, the total time allotted for play each school day must be at least one-tenth of a day of attendance for the student pursuant to Section 10-19.05. Play time may be divided into play periods of at least 15 consecutive minutes in length. (d) For students with disabilities, play time shall comply with a student's applicable individualized education program (IEP) or federal Section 504 plan. (e) All public schools shall prohibit the withholding of play time as a disciplinary or punitive action, except when a student's participation in play time poses an immediate threat to the safety of the student or others. School officials shall make all reasonable efforts to resolve such threats and minimize the use of exclusion from play to the greatest extent practicable and in accordance with subsection (d).
(Source: P.A. 102-357, eff. 8-13-21.) |
(105 ILCS 5/27-6.5) Sec. 27-6.5. Physical fitness assessments in schools. (a) As used in this Section, "physical fitness assessment" means a series of assessments to measure aerobic capacity, body composition, muscular strength, muscular endurance, and flexibility. (b) To measure the effectiveness of State Goal 20 of the Illinois Learning Standards for Physical Development and Health, beginning with the 2016-2017 school year and every school year thereafter, the State Board of Education shall require all public schools to use a scientifically-based, health-related physical fitness assessment for grades 3 through 12 and periodically report fitness information to the State Board of Education, as set forth in subsections (c) and (e) of this Section, to assess student fitness indicators. Public schools shall integrate health-related fitness testing into the curriculum as an instructional tool, except in grades before the 3rd grade. Fitness tests must be appropriate to students' developmental levels and physical abilities. The testing must be used to teach students how to assess their fitness levels, set goals for improvement, and monitor progress in reaching their goals. Fitness scores shall not be used for grading students or evaluating teachers. (c) (Blank). (d) The State Board of Education must adopt rules for the implementation of physical fitness assessments under this Section by each public school. The requirements of this Section do not apply if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. (e) The State Board of Education shall adopt rules for data submission by school districts and develop a system for collecting and reporting the aggregated fitness information from the physical fitness assessments. This system shall also support the collection of data from school districts that use a fitness testing software program. (f) School districts may report the aggregate findings of physical fitness assessments by grade level and school to parents and members of the community through typical communication channels, such as Internet websites, school newsletters, school board reports, and presentations. Districts may also provide individual fitness assessment reports to students' parents. (g) Nothing in this Section precludes schools from implementing a physical fitness assessment before the 2016-2017 school year or from implementing more robust forms of a physical fitness assessment.
(Source: P.A. 101-643, eff. 6-18-20; 102-539, eff. 8-20-21.) |
(105 ILCS 5/27-7) (from Ch. 122, par. 27-7)
Sec. 27-7. Physical education course of study.
A physical education course of study shall include a developmentally planned and sequential curriculum that fosters the development of movement skills, enhances health-related fitness, increases students' knowledge, offers direct opportunities to learn how to work cooperatively in a group setting, and encourages healthy habits and attitudes for a healthy lifestyle. A physical education course of study shall provide students with an opportunity for an appropriate amount of physical activity. A physical education course of study must be part of the regular school curriculum and not extra-curricular in nature or organization.
The State Board of Education
shall prepare and make
available guidelines for the various grades and types of schools in
order to make effective the purposes set forth in this Section and the
requirements provided in Section 27-6, and shall see that the general
provisions and intent of Sections 27-5 to 27-9, inclusive, are
enforced.
(Source: P.A. 100-465, eff. 8-31-17.)
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(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) Sec. 27-8.1. Health examinations and immunizations. (1) In compliance with rules and regulations which the Department of Public
Health shall promulgate, and except as hereinafter provided, all children in
Illinois shall have a health examination as follows: within one year prior to
entering kindergarten or the first grade of any public, private, or parochial
elementary school; upon entering the sixth and ninth grades of any public,
private, or parochial school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade, immediately prior to or
upon entrance into any public, private, or parochial school or nursery school,
each child shall present proof of having been examined in accordance with this
Section and the rules and regulations promulgated hereunder. Any child who received a health examination within one year prior to entering the fifth grade for the 2007-2008 school year is not required to receive an additional health examination in order to comply with the provisions of Public Act 95-422 when he or she attends school for the 2008-2009 school year, unless the child is attending school for the first time as provided in this paragraph. A tuberculosis skin test screening shall be included as a required part of
each health examination included under this Section if the child resides in an
area designated by the Department of Public Health as having a high incidence
of tuberculosis. Additional health examinations of pupils, including eye examinations, may be required when deemed necessary by school
authorities. Parents are encouraged to have their children undergo eye examinations at the same points in time required for health
examinations. (1.5) In compliance with rules adopted by the Department of Public Health and except as otherwise provided in this Section, all children in kindergarten and the second, sixth, and ninth grades of any public, private, or parochial school shall have a dental examination. Each of these children shall present proof of having been examined by a dentist in accordance with this Section and rules adopted under this Section before May 15th of the school year. If a child in the second, sixth, or ninth grade fails to present proof by May 15th, the school may hold the child's report card until one of the following occurs: (i) the child presents proof of a completed dental examination or (ii) the child presents proof that a dental examination will take place within 60 days after May 15th. A school may not withhold a child's report card during a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. The Department of Public Health shall establish, by rule, a waiver for children who show an undue burden or a lack of access to a dentist. Each public, private, and parochial school must give notice of this dental examination requirement to the parents and guardians of students at least 60 days before May 15th of each school year.
(1.10) Except as otherwise provided in this Section, all children enrolling in kindergarten in a public, private, or parochial school on or after January 1, 2008 (the effective date of Public Act 95-671) and any student enrolling for the first time in a public, private, or parochial school on or after January 1, 2008 (the effective date of Public Act 95-671) shall have an eye examination. Each of these children shall present proof of having been examined by a physician licensed to practice medicine in all of its branches or a licensed optometrist within the previous year, in accordance with this Section and rules adopted under this Section, before October 15th of the school year. If the child fails to present proof by October 15th, the school may hold the child's report card until one of the following occurs: (i) the child presents proof of a completed eye examination or (ii) the child presents proof that an eye examination will take place within 60 days after October 15th. A school may not withhold a child's report card during a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. The Department of Public Health shall establish, by rule, a waiver for children who show an undue burden or a lack of access to a physician licensed to practice medicine in all of its branches who provides eye examinations or to a licensed optometrist. Each public, private, and parochial school must give notice of this eye examination requirement to the parents and guardians of students in compliance with rules of the Department of Public Health. Nothing in this Section shall be construed to allow a school to exclude a child from attending because of a parent's or guardian's failure to obtain an eye examination for the child.
(2) The Department of Public Health shall promulgate rules and regulations
specifying the examinations and procedures that constitute a health examination, which shall include an age-appropriate developmental screening, an age-appropriate social and emotional screening, and the collection of data relating to asthma and obesity
(including at a minimum, date of birth, gender, height, weight, blood pressure, and date of exam),
and a dental examination and may recommend by rule that certain additional examinations be performed.
The rules and regulations of the Department of Public Health shall specify that
a tuberculosis skin test screening shall be included as a required part of each
health examination included under this Section if the child resides in an area
designated by the Department of Public Health as having a high incidence of
tuberculosis.
With respect to the developmental screening and the social and emotional screening, the Department of Public Health must, no later than January 1, 2019, develop rules and appropriate revisions to the Child Health Examination form in conjunction with a statewide organization representing school boards; a statewide organization representing pediatricians; statewide organizations representing individuals holding Illinois educator licenses with school support personnel endorsements, including school social workers, school psychologists, and school nurses; a statewide organization representing children's mental health experts; a statewide organization representing school principals; the Director of Healthcare and Family Services or his or her designee, the State Superintendent of Education or his or her designee; and representatives of other appropriate State agencies and, at a minimum, must recommend the use of validated screening tools appropriate to the child's age or grade, and, with regard to the social and emotional screening, require recording only whether or not the screening was completed. The rules shall take into consideration the screening recommendations of the American Academy of Pediatrics and must be consistent with the State Board of Education's social and emotional learning standards. The Department of Public Health shall specify that a diabetes
screening as defined by rule shall be included as a required part of each
health examination.
Diabetes testing is not required. Physicians licensed to practice medicine in all of its branches, licensed advanced
practice registered nurses, or licensed physician assistants shall be
responsible for the performance of the health examinations, other than dental
examinations, eye examinations, and vision and hearing screening, and shall sign all report forms
required by subsection (4) of this Section that pertain to those portions of
the health examination for which the physician, advanced practice registered nurse, or
physician assistant is responsible.
If a registered
nurse performs any part of a health examination, then a physician licensed to
practice medicine in all of its branches must review and sign all required
report forms. Licensed dentists shall perform all dental examinations and
shall sign all report forms required by subsection (4) of this Section that
pertain to the dental examinations. Physicians licensed to practice medicine
in all its branches or licensed optometrists shall perform all eye examinations
required by this Section and shall sign all report forms required by
subsection (4) of this Section that pertain to the eye examination. For purposes of this Section, an eye examination shall at a minimum include history, visual acuity, subjective refraction to best visual acuity near and far, internal and external examination, and a glaucoma evaluation, as well as any other tests or observations that in the professional judgment of the doctor are necessary. Vision and
hearing screening tests, which shall not be considered examinations as that
term is used in this Section, shall be conducted in accordance with rules and
regulations of the Department of Public Health, and by individuals whom the
Department of Public Health has certified.
In these rules and regulations, the Department of Public Health shall
require that individuals conducting vision screening tests give a child's
parent or guardian written notification, before the vision screening is
conducted, that states, "Vision screening is not a substitute for a
complete eye and vision evaluation by an eye doctor. Your child is not
required to undergo this vision screening if an optometrist or
ophthalmologist has completed and signed a report form indicating that
an examination has been administered within the previous 12 months.". (2.5) With respect to the developmental screening and the social and emotional screening portion of the health examination, each child may present proof of having been screened in accordance with this Section and the rules adopted under this Section before October 15th of the school year. With regard to the social and emotional screening only, the examining health care provider shall only record whether or not the screening was completed. If the child fails to present proof of the developmental screening or the social and emotional screening portions of the health examination by October 15th of the school year, qualified school support personnel may, with a parent's or guardian's consent, offer the developmental screening or the social and emotional screening to the child. Each public, private, and parochial school must give notice of the developmental screening and social and emotional screening requirements to the parents and guardians of students in compliance with the rules of the Department of Public Health. Nothing in this Section shall be construed to allow a school to exclude a child from attending because of a parent's or guardian's failure to obtain a developmental screening or a social and emotional screening for the child. Once a developmental screening or a social and emotional screening is completed and proof has been presented to the school, the school may, with a parent's or guardian's consent, make available appropriate school personnel to work with the parent or guardian, the child, and the provider who signed the screening form to obtain any appropriate evaluations and services as indicated on the form and in other information and documentation provided by the parents, guardians, or provider. (3) Every child shall, at or about the same time as he or she receives
a health examination required by subsection (1) of this Section, present
to the local school proof of having received such immunizations against
preventable communicable diseases as the Department of Public Health shall
require by rules and regulations promulgated pursuant to this Section and the
Communicable Disease Prevention Act. (4) The individuals conducting the health examination,
dental examination, or eye examination shall record the
fact of having conducted the examination, and such additional information as
required, including for a health examination
data relating to asthma and obesity
(including at a minimum, date of birth, gender, height, weight, blood pressure, and date of exam), on uniform forms which the Department of Public Health and the State
Board of Education shall prescribe for statewide use. The examiner shall
summarize on the report form any condition that he or she suspects indicates a
need for special services, including for a health examination factors relating to asthma or obesity. The duty to summarize on the report form does not apply to social and emotional screenings. The confidentiality of the information and records relating to the developmental screening and the social and emotional screening shall be determined by the statutes, rules, and professional ethics governing the type of provider conducting the screening. The individuals confirming the administration of
required immunizations shall record as indicated on the form that the
immunizations were administered. (5) If a child does not submit proof of having had either the health
examination or the immunization as required, then the child shall be examined
or receive the immunization, as the case may be, and present proof by October
15 of the current school year, or by an earlier date of the current school year
established by a school district. To establish a date before October 15 of the
current school year for the health examination or immunization as required, a
school district must give notice of the requirements of this Section 60 days
prior to the earlier established date. If for medical reasons one or more of
the required immunizations must be given after October 15 of the current school
year, or after an earlier established date of the current school year, then
the child shall present, by October 15, or by the earlier established date, a
schedule for the administration of the immunizations and a statement of the
medical reasons causing the delay, both the schedule and the statement being
issued by the physician, advanced practice registered nurse, physician assistant,
registered nurse, or local health department that will
be responsible for administration of the remaining required immunizations. If
a child does not comply by October 15, or by the earlier established date of
the current school year, with the requirements of this subsection, then the
local school authority shall exclude that child from school until such time as
the child presents proof of having had the health examination as required and
presents proof of having received those required immunizations which are
medically possible to receive immediately. During a child's exclusion from
school for noncompliance with this subsection, the child's parents or legal
guardian shall be considered in violation of Section 26-1 and subject to any
penalty imposed by Section 26-10. This subsection (5) does not apply to dental examinations, eye examinations, and the developmental screening and the social and emotional screening portions of the health examination. If the student is an out-of-state transfer student and does not have the proof required under this subsection (5) before October 15 of the current year or whatever date is set by the school district, then he or she may only attend classes (i) if he or she has proof that an appointment for the required vaccinations has been scheduled with a party authorized to submit proof of the required vaccinations. If the proof of vaccination required under this subsection (5) is not submitted within 30 days after the student is permitted to attend classes, then the student is not to be permitted to attend classes until proof of the vaccinations has been properly submitted. No school district or employee of a school district shall be held liable for any injury or illness to another person that results from admitting an out-of-state transfer student to class that has an appointment scheduled pursuant to this subsection (5). (6) Every school shall report to the State Board of Education by November
15, in the manner which that agency shall require, the number of children who
have received the necessary immunizations and the health examination (other than a dental examination or eye examination) as
required, indicating, of those who have not received the immunizations and
examination as required, the number of children who are exempt from health
examination and immunization requirements on religious or medical grounds as
provided in subsection (8). On or before December 1 of each year, every public school district and registered nonpublic school shall make publicly available the immunization data they are required to submit to the State Board of Education by November 15. The immunization data made publicly available must be identical to the data the school district or school has reported to the State Board of Education. Every school shall report to the State Board of Education by June 30, in the manner that the State Board requires, the number of children who have received the required dental examination, indicating, of those who have not received the required dental examination, the number of children who are exempt from the dental examination on religious grounds as provided in subsection (8) of this Section and the number of children who have received a waiver under subsection (1.5) of this Section. Every school shall report to the State Board of Education by June 30, in the manner that the State Board requires, the number of children who have received the required eye examination, indicating, of those who have not received the required eye examination, the number of children who are exempt from the eye examination as provided in subsection (8) of this Section, the number of children who have received a waiver under subsection (1.10) of this Section, and the total number of children in noncompliance with the eye examination requirement. The reported information under this subsection (6) shall be provided to the
Department of Public Health by the State Board of Education. (7) Upon determining that the number of pupils who are required to be in
compliance with subsection (5) of this Section is below 90% of the number of
pupils enrolled in the school district, 10% of each State aid payment made
pursuant to Section 18-8.05 or 18-8.15 to the school district for such year may be withheld
by the State Board of Education until the number of students in compliance with
subsection (5) is the applicable specified percentage or higher. (8) Children of parents or legal guardians who object to health, dental, or eye examinations or any part thereof, to immunizations, or to vision and hearing screening tests on religious grounds shall not be required to undergo the examinations, tests, or immunizations to which they so object if such parents or legal guardians present to the appropriate local school authority a signed Certificate of Religious Exemption detailing the grounds for objection and the specific immunizations, tests, or examinations to which they object. The grounds for objection must set forth the specific religious belief that conflicts with the examination, test, immunization, or other medical intervention. The signed certificate shall also reflect the parent's or legal guardian's understanding of the school's exclusion policies in the case of a vaccine-preventable disease outbreak or exposure. The certificate must also be signed by the authorized examining health care provider responsible for the performance of the child's health examination confirming that the provider provided education to the parent or legal guardian on the benefits of immunization and the health risks to the student and to the community of the communicable diseases for which immunization is required in this State. However, the health care provider's signature on the certificate reflects only that education was provided and does not allow a health care provider grounds to determine a religious exemption. Those receiving immunizations required under this Code shall be provided with the relevant vaccine information statements that are required to be disseminated by the federal National Childhood Vaccine Injury Act of 1986, which may contain information on circumstances when a vaccine should not be administered, prior to administering a vaccine. A healthcare provider may consider including without limitation the nationally accepted recommendations from federal agencies such as the Advisory Committee on Immunization Practices, the information outlined in the relevant vaccine information statement, and vaccine package inserts, along with the healthcare provider's clinical judgment, to determine whether any child may be more susceptible to experiencing an adverse vaccine reaction than the general population, and, if so, the healthcare provider may exempt the child from an immunization or adopt an individualized immunization schedule. The Certificate of Religious Exemption shall be created by the Department of Public Health and shall be made available and used by parents and legal guardians by the beginning of the 2015-2016 school year. Parents or legal guardians must submit the Certificate of Religious Exemption to their local school authority prior to entering kindergarten, sixth grade, and ninth grade for each child for which they are requesting an exemption. The religious objection stated need not be directed by the tenets of an established religious organization. However, general philosophical or moral reluctance to allow physical examinations, eye examinations, immunizations, vision and hearing screenings, or dental examinations does not provide a sufficient basis for an exception to statutory requirements. The local school authority is responsible for determining if
the content of the Certificate of Religious Exemption
constitutes a valid religious objection.
The local school authority shall inform the parent or legal guardian of exclusion procedures, in accordance with the Department's rules under Part 690 of Title 77 of the Illinois Administrative Code, at the time the objection is presented. If the physical condition
of the child is such that any one or more of the immunizing agents should not
be administered, the examining physician, advanced practice registered nurse, or
physician assistant responsible for the performance of the
health examination shall endorse that fact upon the health examination form. Exempting a child from the health,
dental, or eye examination does not exempt the child from
participation in the program of physical education training provided in
Sections 27-5 through 27-7 of this Code. (8.5) The school board of a school district shall include informational materials regarding influenza and influenza vaccinations and meningococcal disease and meningococcal vaccinations developed, provided, or approved by the Department of Public Health under Section 2310-700 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois when the board provides information on immunizations, infectious diseases, medications, or other school health issues to the parents or guardians of students. (9) For the purposes of this Section, "nursery schools" means those nursery
schools operated by elementary school systems or secondary level school units
or institutions of higher learning.(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff. 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81, eff. 7-12-19; 101-643, eff. 6-18-20.) |
(105 ILCS 5/27-9) (from Ch. 122, par. 27-9)
Sec. 27-9. Training teachers to teach physical education. The curriculum in all elementary educator preparation programs approved by the State Educator Preparation and Licensure Board shall contain instruction in
methods and materials of physical education and training for teachers. No teacher candidate
shall be graduated from such an educator preparation program who has not successfully completed instruction in methods and materials
in the teaching of physical education and training, whether by way of a specific course or as incorporated in existing courses taught in the educator preparation program.
(Source: P.A. 99-58, eff. 7-16-15.)
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(105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)
Sec. 27-9.1. (Repealed). (Source: P.A. 102-412, eff. 8-20-21. Repealed by P.A. 102-522, eff. 8-20-21.)
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(105 ILCS 5/27-9.1a) Sec. 27-9.1a. Comprehensive personal health and safety and comprehensive sexual health education. (a) In this Section: "Adapt" means to modify an evidence-based or evidence-informed program model for use with a particular demographic, ethnic, linguistic, or cultural group. "Age and developmentally appropriate" means suitable to particular ages or age groups of children and adolescents, based on the developing cognitive, emotional, and behavioral capacity typical for the age or age group. "Characteristics of effective programs" includes development, content, and implementation of such programs that (i) have been shown to be effective in terms of increasing knowledge, clarifying values and attitudes, increasing skills, and impacting behavior, (ii) are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unintended pregnancy, interpersonal violence, and sexual violence among young people, and (iii) are taught by professionals who provide a safe learning space, free from shame, stigma, and ideology and are trained in trauma-informed teaching methodologies. "Complete" means information that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence. "Comprehensive personal health and safety education" means age and developmentally appropriate education that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence. "Comprehensive sexual health education" means age and developmentally appropriate education that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence. "Consent" means an affirmative, knowing, conscious, ongoing, and voluntary agreement to engage in interpersonal, physical, or sexual activity, which can be revoked at any point, including during the course of interpersonal, physical, or sexual activity. "Culturally appropriate" means affirming culturally diverse individuals, families, and communities in an inclusive, respectful, and effective manner, including materials and instruction that are inclusive of race, ethnicity, language, cultural background, immigration status, religion, disability, gender, gender identity, gender expression, sexual orientation, and sexual behavior. "Evidence-based program" means a program for which systematic, empirical research or evaluation has provided evidence of effectiveness. "Evidence-informed program" means a program that uses the best available research and practice knowledge to guide program design and implementation. "Gender stereotype" means a generalized view or preconception about what attributes, characteristics, or roles are or ought to be taught, possessed by, or performed by people based on their gender identity. "Healthy relationships" means relationships between individuals that consist of mutual respect, trust, honesty, support, fairness, equity, separate identities, physical and emotional safety, and good communication. "Identity" means people's understanding of how they identify their sexual orientation, gender, gender identity, or gender expression without stereotypes, shame, or stigma. "Inclusive" means inclusion of marginalized communities that include, but are not limited to, people of color, immigrants, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people with disabilities, people who have experienced interpersonal or sexual violence, and others. "Interpersonal violence" means violent behavior used to establish power and control over another person. "Medically accurate" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and published in peer-reviewed journals, if applicable, or comprising information recognized as accurate and objective. "Pre-exposure Prophylaxis (PrEP)" means medications approved by the federal Food and Drug Administration (FDA) and recommended by the United States Public Health Service or the federal Centers for Disease Control and Prevention for HIV pre-exposure prophylaxis and related pre-exposure prophylaxis services, including, but not limited to, HIV and sexually transmitted infection screening, treatment for sexually transmitted infections, medical monitoring, laboratory services, and sexual health counseling, to reduce the likelihood of HIV infection for individuals who are not living with HIV but are vulnerable to HIV exposure. "Post-exposure Prophylaxis (PeP)" means the medications that are recommended by the federal Centers for Disease Control and Prevention and other public health authorities to help prevent HIV infection after potential occupational or non-occupational HIV exposure. "Sexual violence" means discrimination, bullying, harassment, including sexual harassment, sexual abuse, sexual assault, intimate partner violence, incest, rape, and human trafficking. "Trauma informed" means to address vital information about sexuality and well-being that takes into consideration how adverse life experiences may potentially influence a person's well-being and decision making. (b) All classes that teach comprehensive personal health and safety and comprehensive sexual health education shall satisfy the following criteria: (1) Course material and instruction shall be age and | ||
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(2) Course material and instruction shall replicate | ||
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(3) Course material and instruction shall be | ||
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(4) Course material and instruction shall be | ||
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(5) Course material and instruction shall help | ||
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(6) Course material and instruction shall provide | ||
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(7) Course material and instruction shall provide | ||
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(8) Course material and instruction shall provide | ||
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(9) Course material and instruction shall include | ||
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(10) Course material and instruction may not reflect | ||
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(11) Course material and instruction may not employ | ||
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(12) Course material and instruction shall be | ||
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(13) Course material and instruction may not | ||
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(14) Course material and instruction may not | ||
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(15) Course material and instruction may not be | ||
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(c) A school may utilize guest lecturers or resource persons to provide instruction or presentations in accordance with Section 10-22.34b. Comprehensive personal health and safety and comprehensive sexual health education instruction and materials provided by guest lecturers or resource persons may not conflict with the provisions of this Section. (d) No student shall be required to take or participate in any class or course in comprehensive personal health and safety and comprehensive sexual health education. A student's parent or guardian may opt the student out of comprehensive personal health and safety and comprehensive sexual health education by submitting the request in writing. Refusal to take or participate in such a course or program may not be a reason for disciplinary action, academic penalty, suspension, or expulsion or any other sanction of a student. A school district may not require active parental consent for comprehensive personal health and safety and comprehensive sexual health education. (e) An opportunity shall be afforded to individuals, including parents or guardians, to review the scope and sequence of instructional materials to be used in a class or course under this Section, either electronically or in person. A school district shall annually post, on its Internet website if one exists, which curriculum is used to provide comprehensive personal health and safety and comprehensive sexual health education and the name and contact information, including an email address, of school personnel who can respond to inquiries about instruction and materials. (f) On or before August 1, 2022, the State Board of Education, in consultation with youth, parents, sexual health and violence prevention experts, health care providers, advocates, and education practitioners, including, but not limited to, administrators, regional superintendents of schools, teachers, and school support personnel, shall develop and adopt rigorous learning standards in the area of comprehensive personal health and safety education for pupils in kindergarten through the 5th grade and comprehensive sexual health education for pupils in the 6th through 12th grades, including, but not limited to, all of the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence, as authored by the Future of Sex Education Initiative. As the National Sex Education Standards are updated, the State Board of Education shall update these learning standards. (g) By no later than August 1, 2022, the State Board of Education shall make available resource materials developed in consultation with stakeholders, with the cooperation and input of experts that provide and entities that promote age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma-informed comprehensive personal health and safety and comprehensive sexual health education policy. Materials may include, without limitation, model comprehensive personal health and safety and comprehensive sexual health education resources and programs. The State Board of Education shall make these resource materials available on its Internet website, in a clearly identified and easily accessible place. (h) Schools may choose and adapt the age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma-informed comprehensive personal health and safety and comprehensive sexual health education curriculum that meets the specific needs of their community. All instruction and materials, including materials provided or presented by outside consultants, community groups, or organizations, may not conflict with the provisions of this Section. (i) The State Board of Education shall, through existing reporting mechanisms if available, direct each school district to identify the following: (1) if instruction on comprehensive personal health | ||
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(2) whether the instruction was provided by a teacher | ||
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(3) the number of students receiving instruction; (4) the number of students excused from instruction; | ||
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(5) the duration of instruction. The State Board of Education shall report the results of this inquiry to the General Assembly annually, for a period of 5 years beginning one year after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-522, eff. 8-20-21.) |
(105 ILCS 5/27-9.1b) Sec. 27-9.1b. Consent education. (a) In this Section: "Age and developmentally appropriate" has the meaning ascribed to that term in Section 27-9.1a. "Consent" has the meaning ascribed to that term in Section 27-9.1a. (b) A school district may provide age and developmentally appropriate consent education in kindergarten through the 12th grade. (1) In kindergarten through the 5th grade, | ||
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(A) Setting appropriate physical boundaries with | ||
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(B) Respecting the physical boundaries of others. (C) The right to refuse to engage in behaviors or | ||
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(D) Dealing with unwanted physical contact. (E) Helping a peer deal with unwanted physical | ||
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(2) In the 6th through 12th grades, instruction and | ||
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(A) That consent is a freely given agreement to | ||
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(B) That consent to one particular sexual | ||
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(C) That a person's lack of verbal or physical | ||
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(D) That a person's manner of dress does not | ||
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(E) That a person's consent to past sexual | ||
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(F) That a person's consent to engage in sexual | ||
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(G) That a person can withdraw consent at any | ||
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(H) That a person cannot consent to sexual | ||
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(i) the person is incapacitated due to the | ||
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(ii) the person is asleep or unconscious; (iii) the person is a minor; or (iv) the person is incapacitated due to a | ||
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(I) The legal age of consent in this State.
(Source: P.A. 102-522, eff. 8-20-21.) |
(105 ILCS 5/27-9.2)
Sec. 27-9.2. (Repealed).
(Source: P.A. 86-941. Repealed by P.A. 102-522, eff. 8-20-21.)
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(105 ILCS 5/27-11)
Sec. 27-11. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 102-522, eff. 8-20-21.)
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(105 ILCS 5/27-12) (from Ch. 122, par. 27-12)
Sec. 27-12. Character education.
Every public school teacher shall teach character education, which includes the teaching of respect, responsibility, fairness, caring, trustworthiness, and citizenship, in order to raise pupils' honesty, kindness,
justice, discipline, respect for others, and moral courage for the purpose
of lessening crime and raising
the standard of good character.
(Source: P.A. 94-187, eff. 7-12-05.)
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(105 ILCS 5/27-12.1) (from Ch. 122, par. 27-12.1)
Sec. 27-12.1. Consumer education. (a) Pupils in the public schools in
grades 9 through 12 shall be taught and be required to study courses
which include instruction in the area of consumer education, including
but not necessarily limited to (i) understanding the basic concepts of financial literacy, including consumer debt and installment purchasing (including credit scoring, managing credit debt, and completing a loan application), budgeting, savings and investing, banking (including balancing a checkbook, opening a deposit account, and the use of interest rates), understanding simple contracts, State and federal income taxes, personal insurance policies, the
comparison of prices, higher education student loans, identity-theft security, and homeownership (including the basic process of obtaining a mortgage and the concepts of fixed and adjustable rate mortgages, subprime loans, and predatory lending), and (ii)
understanding the roles of consumers
interacting with agriculture, business, labor unions and government in
formulating and achieving the goals of the mixed free enterprise system.
The State Board of Education shall devise or approve the
consumer education curriculum for grades 9 through 12 and specify the
minimum amount of instruction to be devoted thereto.
(b) (Blank).
(c) The Financial Literacy Fund is created as a special fund in the State treasury. State funds and private contributions for the promotion of financial literacy shall be deposited into the Financial Literacy Fund. All money in the Financial Literacy Fund shall be used, subject to appropriation, by the State Board of Education to award grants to school districts for the following: (1) Defraying the costs of financial literacy | ||
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(2) Rewarding a school or teacher who wins or | ||
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(3) Rewarding a student who wins or achieves | ||
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(4) Funding activities, including books, games, | ||
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In awarding grants, every effort must be made to ensure that all geographic areas of the State are represented. (d) A school board may establish a special fund in which to receive public funds and private contributions for the promotion of financial literacy. Money in the fund shall be used for the following: (1) Defraying the costs of financial literacy | ||
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(2) Rewarding a school or teacher who wins or | ||
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(3) Rewarding a student who wins or achieves | ||
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(4) Funding activities, including books, games, | ||
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(e) The State Board of Education, upon the next comprehensive review of the Illinois Learning Standards, is urged to include the basic principles of personal insurance policies and understanding simple contracts.(Source: P.A. 99-284, eff. 8-5-15.)
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(105 ILCS 5/27-13.1) (from Ch. 122, par. 27-13.1)
Sec. 27-13.1.
In every public school there shall be instruction, study and
discussion of current problems and needs in the conservation of natural
resources, including but not limited to air pollution, water pollution,
waste reduction and recycling, the
effects of excessive use of pesticides, preservation of wilderness areas,
forest management, protection of wildlife and humane care of domestic
animals.
(Source: P.A. 86-229.)
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(105 ILCS 5/27-13.2) (from Ch. 122, par. 27-13.2)
Sec. 27-13.2. Required instruction. (a) In every public school there
shall be instruction, study, and discussion of effective methods by which
pupils may recognize the danger of and avoid abduction, and in every
public school maintaining any of grades kindergarten through 8, there shall
be, for such grades, instruction, study, and discussion of effective
methods for the prevention and avoidance of drugs and the dangers of opioid and substance abuse.
School boards may
include such required instruction, study, and discussion in the courses of
study regularly taught in the public schools of their respective districts;
provided, however, that such instruction shall be given each year to all
pupils in grades kindergarten through 8. The State Superintendent of
Education may prepare and make available to all public and non-public
schools instructional materials which may be used by such schools
as guidelines for development of a program of instruction
under this subsection (a); provided, however, that each school board shall
itself determine the minimum amount of instruction time which shall qualify
as a program of instruction
which will
satisfy the requirements of this subsection (a).
The State Superintendent of Education, in cooperation with the
Department of Children and Family Services, shall prepare and disseminate
to all public schools and non-public schools, information on instructional
materials and programs about child sexual abuse which may be used by such
schools for their own or community programs. Such information may also be
disseminated by such schools to parents.
(b) Notwithstanding subsection (a) of this Section, no pupil in
any of grades kindergarten through 8 shall be required to take or
participate in any class or course providing instruction in recognizing and
avoiding sexual abuse if the parent or guardian of the pupil submits
written objection thereto; and refusal to take or participate in such class
or course after such written objection is made shall not be reason for
failing, suspending or expelling such pupil. Each school board intending
to offer any such class or course to pupils in any of grades kindergarten
through 8 shall give not less than 5 days written notice to the parents or
guardians of such pupils before commencing the class or course.
(c) Beginning with the 2024-2025 school year, in every State-required health course for grades 9 through 12,
a school district shall provide instruction, study, and discussion on the dangers of fentanyl.
Information for the instruction, study, and discussion of fentanyl shall come
from information provided by the National Institutes of Health, the United States Drug
Enforcement Administration, or the United States Department of Health and Human
Services. This instruction, study, and discussion shall include, at a
minimum, all of the following: (1) Information on fentanyl itself, including an | ||
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(2) The side effects and the risk factors of using | ||
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(A) the lethal dose of fentanyl; (B) how often fentanyl is placed in drugs | ||
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(C) an explanation of what fentanyl does to a | ||
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(D) how the consumption of fentanyl can lead to | ||
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(3) Details about the process of lacing fentanyl in | ||
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(4) Details about how to detect fentanyl in drugs | ||
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(A) how to buy and use fentanyl test strips; (B) how to buy and use naloxone, either through | ||
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(C) how to detect if someone is overdosing on | ||
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Students shall be assessed on the instruction required under this subsection (c). The assessment may include, but is not limited to: (1) the differences between synthetic and | ||
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(2) hypoxia; (3) the effects of fentanyl on a person's body; (4) the lethal dose of fentanyl; and (5) how to detect and prevent overdoses. The instruction required under this subsection (c) shall be taught by a licensed educator, school
nurse, or school counselor. (Source: P.A. 102-195, eff. 7-30-21; 103-365, eff. 1-1-24.)
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(105 ILCS 5/27-13.3)
Sec. 27-13.3. Internet safety education curriculum.
(a) The purpose of this Section is to inform and protect students from inappropriate or illegal communications and solicitation and to encourage school districts to provide education about Internet threats and risks, including without limitation child predators, fraud, and other dangers. (b) The General Assembly finds and declares the following: (1) it is the policy of this State to protect | ||
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(2) children have easy access to the Internet at | ||
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(3) the Internet is used by sexual predators and | ||
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(4) education is an effective method for preventing | ||
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(c) Each school may adopt an age-appropriate curriculum for Internet safety instruction of students in grades kindergarten through 12. However, beginning with the 2009-2010 school year, a school district must incorporate into the school curriculum a component on Internet safety to be taught at least once each school year to students in grades 3 through 12. The school board shall determine the scope and duration of this unit of instruction. The age-appropriate unit of instruction may be incorporated into the current courses of study regularly taught in the district's schools, as determined by the school board, and it is recommended that the unit of instruction include the following topics: (1) Safe and responsible use of social networking | ||
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(2) Recognizing, avoiding, and reporting online | ||
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(3) Risks of transmitting personal information on the | ||
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(4) Recognizing and avoiding unsolicited or deceptive | ||
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(5) Recognizing and reporting online harassment and | ||
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(6) Reporting illegal activities and communications | ||
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(7) Copyright laws on written materials, photographs, | ||
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(d) Curricula devised in accordance with subsection (c) of this Section may be submitted for review to the Office of the Illinois Attorney General.
(e) The State Board of Education shall make available resource materials for educating children regarding child online safety and may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by education experts, child psychologists, or technology companies that work on child online safety issues. Materials may include without limitation safe online communications, privacy protection, cyber-bullying, viewing inappropriate material, file sharing, and the importance of open communication with responsible adults. The State Board of Education shall make these resource materials available on its Internet website.(Source: P.A. 95-509, eff. 8-28-07; 95-869, eff. 1-1-09; 96-734, eff. 8-25-09.) |
(105 ILCS 5/27-14) (from Ch. 122, par. 27-14)
Sec. 27-14.
Experiments upon animals.
No experiment upon any living animal for the purpose of demonstration in
any study shall be made in any public school. No animal provided by, or
killed in the presence of any pupil of a public school shall be used for
dissection in such school, and in no case shall dogs or cats be killed for
such purposes. Dissection of dead animals, or parts thereof, shall be
confined to the classroom and shall not be practiced in the presence of any
pupil not engaged in the study to be illustrated thereby.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/27-15) (from Ch. 122, par. 27-15)
Sec. 27-15.
Moral and humane education - In institute programs.
The superintendent of each region and city shall include
once each year moral and humane education in the program of the
teachers' institute which is held under his supervision.
(Source: P.A. 79-597.)
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(105 ILCS 5/27-16)
Sec. 27-16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/27-17) (from Ch. 122, par. 27-17)
Sec. 27-17. Safety education. School boards of public schools and all boards in charge of
educational institutions supported wholly or partially by the State may
provide instruction in safety education in all grades and include such
instruction in the courses of study regularly taught therein.
In this Section, "safety education" means and includes instruction in
the following:
1. automobile safety, including traffic regulations, | ||
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2. safety in the home, including safe gun storage;
3. safety in connection with recreational activities;
4. safety in and around school buildings;
5. safety in connection with vocational work or | ||
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6. cardio-pulmonary resuscitation for students | ||
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7. for students enrolled in grades 6 through 8, | ||
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8. for students enrolled in prekindergarten through | ||
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Such boards may make suitable provisions in the schools and
institutions under their jurisdiction for instruction in safety
education for not less than 16 hours during each school year.
The curriculum in all educator preparation programs approved by the State Educator Preparation and Licensure Board shall contain instruction in safety education for teachers that is appropriate to the grade level of the educator license. This instruction may be by specific courses in safety education or may be incorporated in existing subjects taught in the educator preparation program.
(Source: P.A. 102-971, eff. 1-1-23; 103-567, eff. 12-8-23.)
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(105 ILCS 5/27-18) (from Ch. 122, par. 27-18)
Sec. 27-18.
Arbor and bird day.
The last Friday in April is designated as "Arbor and Bird Day," to be observed
throughout
the State as a day for planting trees, shrubs and vines about public
grounds, and as a day on which to hold appropriate exercises in the public
schools and elsewhere tending to show the value of trees and birds and the
necessity for their protection.
(Source: P.A. 92-85, eff. 7-12-01.)
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(105 ILCS 5/27-19) (from Ch. 122, par. 27-19)
Sec. 27-19.
Leif
Erickson day.
October 9, if a school day, otherwise the school day nearest such date,
is designated as Leif Erikson Day. On such day one-half hour may be devoted
in the schools to instruction and appropriate exercises relative to and in
commemoration of the life and history of Leif Erickson and the principles
and ideals he fostered.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/27-20) (from Ch. 122, par. 27-20)
Sec. 27-20.
American Indian day.
The fourth Friday of September is designated "American Indian Day," to
be observed throughout the State as a day on which to hold appropriate
exercises in commemoration of the American Indians.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/27-20.05) Sec. 27-20.05. Native American history study. (a) Beginning with the 2024-2025 school year, every public elementary school and high school social studies course pertaining to American history or government shall include in its curriculum a unit of instruction studying the events of the Native American experience and Native American history within the Midwest and this State since time immemorial. These events shall include the contributions of Native Americans in government and the arts, humanities, and sciences, as well as the contributions of Native Americans to the economic, cultural, social, and political development of their own nations and of the United States. The unit of instruction must describe large urban Native American populations in this State, including the history and experiences of contemporary Native Americans living in this State. Instruction in grades 6 through 12 shall include the study of the genocide of and discrimination against Native Americans, as well as tribal sovereignty, treaties made between tribal nations and the United States, and the circumstances around forced Native American relocation. This unit of instruction may be integrated as part of the unit of instruction required under Section 27-20.03 or 27-21 of this Code. (b) The State Superintendent of Education may prepare and make available to all school boards instructional materials and professional development opportunities that may be used as guidelines for development of a unit of instruction under this Section. However, each school board shall itself determine the minimum amount of instructional time that qualifies as a unit of instruction satisfying the requirements of this Section. (c) The regional superintendent of schools shall monitor a school district's compliance with this Section's curricular requirements during the regional superintendent's annual compliance visit and make recommendations for improvement, including professional development.
(Source: P.A. 103-422, eff. 8-4-23.) |
(105 ILCS 5/27-20.08) Sec. 27-20.08. Media literacy. (a) In this Section, "media literacy" means the ability to access, analyze, evaluate, create, and communicate using a variety of objective forms, including, but not limited to, print, visual, audio, interactive, and digital texts. (b) Beginning with the 2022-2023 school year, every public high school shall include in its curriculum a unit of instruction on media literacy. The unit of instruction shall include, but is not limited to, all of the following topics: (1) Accessing information: Evaluating multiple media | ||
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(2) Analyzing and evaluating media messages: | ||
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(3) Creating media: Conveying a coherent message | ||
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(4) Reflecting on media consumption: Assessing how | ||
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(5) Social responsibility and civics: Suggesting a | ||
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(c) The State Board of Education shall determine how to prepare and make available instructional resources and professional learning opportunities for educators that may be used for the development of a unit of instruction under this Section.
(Source: P.A. 102-55, eff. 7-9-21.) |
(105 ILCS 5/27-20.1) (from Ch. 122, par. 27-20.1)
Sec. 27-20.1.
Illinois Law Week.
The first full school week in May is designated "Illinois Law Week".
During that week, the public schools may devote appropriate time,
instruction, study, and exercises in the procedures of the legislature and
the enactment of laws, the courts and the administration of justice, the
police and the enforcement of law, citizen responsibilities, and other
principles and ideals to promote the importance of government under law in
the State.
(Source: P.A. 92-85, eff. 7-12-01.)
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(105 ILCS 5/27-20.2) (from Ch. 122, par. 27-20.2)
Sec. 27-20.2.
"Just Say No" Day.
May 15, 1987, and in each calendar
year thereafter, a school day in May designated by official proclamation of
the Governor, shall be known as "Just Say No" Day, to be observed
throughout the State as a day on which children and teenagers declare and
reaffirm their commitment to living a life free of drugs and alcohol abuse, and
as a day on which to hold and participate in appropriate special programs,
ceremonies and exercises, in the public schools and elsewhere, tending to
encourage children to lead a healthy lifestyle, aware and free of the
dangers of using drugs and alcohol abuse.
(Source: P.A. 85-386.)
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(105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3) Sec. 27-20.3. Holocaust and Genocide Study. (a) Every public elementary school and high school shall include in its curriculum a unit of instruction studying the events of the Nazi atrocities of 1933 to 1945. This period in world history is known as the Holocaust, during which 6,000,000 Jews and millions of non-Jews were exterminated. One of the universal lessons of the Holocaust is that national, ethnic, racial, or religious hatred can overtake any nation or society, leading to calamitous consequences. To reinforce that lesson, such curriculum shall include an additional unit of instruction studying other acts of genocide across the globe. This unit shall include, but not be limited to, the Native American genocide in North America, the Armenian Genocide, the Famine-Genocide in Ukraine, and more recent atrocities in Cambodia, Bosnia, Rwanda, and Sudan. The studying of this material is a reaffirmation of the commitment of free peoples from all nations to never again permit the occurrence of another Holocaust and a recognition that crimes of genocide continue to be perpetrated across the globe as they have been in the past and to deter indifference to crimes against humanity and human suffering wherever they may occur. (b) The State Superintendent of Education may prepare and make available to all school boards instructional materials which may be used as guidelines for development of a unit of instruction under this Section; provided, however, that each school board shall itself determine the minimum amount of instruction time which shall qualify as a unit of instruction satisfying the requirements of this Section. Instructional materials that include the addition of content related to the Native American genocide in North America shall be prepared and made available to all school boards on the State Board of Education's Internet website no later than July 1, 2024. Notwithstanding subsection (a) of this Section, a school is not required to teach the additional content related to the Native American genocide in North America until instructional materials are made available on the State Board's Internet website. Instructional materials related to the Native American genocide in North America shall be developed in consultation with members of the Chicago American Indian Community Collaborative who are members of a federally recognized tribe, are documented descendants of Indigenous communities, or are other persons recognized as contributing community members by the Chicago American Indian Community Collaborative and who currently reside in this State or their designees. (Source: P.A. 103-422, eff. 8-4-23; 103-564, eff. 11-17-23.) |
(105 ILCS 5/27-20.4) (from Ch. 122, par. 27-20.4)
Sec. 27-20.4. Black History study. Every public elementary school and
high school shall include in its curriculum a unit of instruction studying
the events of Black History, including the history of the pre-enslavement of Black people from 3,000 BCE to AD 1619, the African slave trade, slavery in America, the study of the reasons why Black people came to be enslaved, the vestiges of slavery in this country, and the study of the American civil rights renaissance. These events shall include not only the
contributions made by individual African-Americans in government and in the
arts, humanities and sciences to the economic, cultural and political
development of the United States and Africa, but also the socio-economic
struggle which African-Americans experienced collectively in striving to
achieve fair and equal treatment under the laws of this nation. The
studying of this material shall constitute an affirmation by students of
their commitment to respect the dignity of all races and peoples and to
forever eschew every form of discrimination in their lives and careers.
The State Superintendent of Education may prepare and make available to
all school boards instructional materials, including those established by the Amistad Commission, which may be used as guidelines
for development of a unit of instruction under this Section; provided,
however, that each school board shall itself determine the minimum amount
of instruction time which shall qualify as a unit of instruction satisfying
the requirements of this Section.
A school may meet the requirements of this Section through an online program or course. (Source: P.A. 100-634, eff. 1-1-19; 101-654, eff. 3-8-21.)
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(105 ILCS 5/27-20.5) (from Ch. 122, par. 27-20.5)
Sec. 27-20.5.
Study of the History of Women.
Every public elementary
school and high school shall include in its curriculum a unit of
instruction studying the events of the history of women in America. These
events shall include not only the contributions made by individual women in
government, the arts, sciences, education, and in the economic, cultural,
and political development of Illinois and of the United States, but shall
also include a study of women's struggles to gain the right to vote and to
be treated equally as they strive to earn and occupy positions of merit in
our society.
The State Superintendent of Education may prepare and make available to
all school boards instructional materials that may be used as guidelines
for development of a unit of instruction under this Section. Each school
board shall determine the minimum amount of instructional time that shall
qualify as a unit of instruction satisfying the requirements of this Section.
(Source: P.A. 86-1256.)
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(105 ILCS 5/27-20.6)
Sec. 27-20.6.
"Irish Famine" study. Every public elementary school and high school may include in its
curriculum a unit of instruction studying the causes and effects of mass
starvation in mid-19th century Ireland. This period in world history is known
as the "Irish Famine", in which millions of Irish died or emigrated. The study
of this material is a reaffirmation of the commitment of free people of all
nations to eradicate the causes of famine that exist in the modern world.
The State Superintendent of Education may prepare and make available to all
school boards instructional materials that may be used as guidelines for
development of a unit of instruction under this Section; provided, however,
that each
school board shall itself determine the minimum amount of instruction time
that shall qualify as a unit of instruction satisfying the requirements of
this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/27-20.7) Sec. 27-20.7. Cursive writing. Beginning with the 2018-2019 school year, public elementary schools shall offer at least one unit of instruction in cursive writing. School districts shall, by policy, determine at what grade level or levels students are to be offered cursive writing, provided that such instruction must be offered before students complete grade 5.
(Source: P.A. 100-548, eff. 7-1-18.) |
(105 ILCS 5/27-20.8) Sec. 27-20.8. Asian American history study. (a) Beginning with the 2022-2023 school year, every public elementary school and high school shall include in its curriculum a unit of instruction studying the events of Asian American history, including the history of Asian Americans in Illinois and the Midwest, as well as the contributions of Asian Americans toward advancing civil rights from the 19th century onward. These events shall include the contributions made by individual Asian Americans in government and the arts, humanities, and sciences, as well as the contributions of Asian American communities to the economic, cultural, social, and political development of the United States. The studying of this material shall constitute an affirmation by students of their commitment to respect the dignity of all races and peoples and to forever eschew every form of discrimination in their lives and careers. (b) The State Superintendent of Education may prepare and make available to all school boards instructional materials, including those established by the Public Broadcasting Service, that may be used as guidelines for development of a unit of instruction under this Section. However, each school board shall itself determine the minimum amount of instructional time that qualifies as a unit of instruction satisfying the requirements of this Section. (c) The regional superintendent of schools shall monitor a school district's compliance with this Section's curricular requirements during his or her annual compliance visit. (d) A school may meet the requirements of this Section through an online program or course.
(Source: P.A. 102-44, eff. 1-1-22.) |
(105 ILCS 5/27-21) (from Ch. 122, par. 27-21) Sec. 27-21. History of United States. (a) History of the United States shall be taught in all public schools and in all other educational institutions in this State supported or maintained, in whole or in part, by public funds. The teaching of history shall have as one of its objectives the imparting to pupils of a comprehensive idea of our democratic form of government and the principles for which our government stands as regards other nations, including the studying of the place of our government in world-wide movements and the leaders thereof, with particular stress upon the basic principles and ideals of our representative form of government. The teaching of history shall include a study of the role and contributions of African Americans and other ethnic groups, including, but not restricted to, Native Americans, Polish, Lithuanian, German, Hungarian, Irish, Bohemian, Russian, Albanian, Italian, Czech, Slovak, French, Scots, Hispanics, Asian Americans, etc., in the history of this country and this State. To reinforce the study of the role and contributions of Hispanics, such curriculum shall include the study of the events related to the forceful removal and illegal deportation of Mexican-American U.S. citizens during the Great Depression. The teaching of history shall also include teaching about Native American nations' sovereignty and self-determination, both historically and in the present day, with a focus on urban Native Americans. In public schools only, the teaching of history shall include a study of the roles and contributions of lesbian, gay, bisexual, and transgender people in the history of this country and this State. The teaching of history also shall include a study of the role of labor unions and their interaction with government in achieving the goals of a mixed free enterprise system. Beginning with the 2020-2021 school year, the teaching of history must also include instruction on the history of Illinois. The teaching of history shall include the contributions made to society by Americans of different faith practices, including, but not limited to, Native Americans, Muslim Americans, Jewish Americans, Christian Americans, Hindu Americans, Sikh Americans, Buddhist Americans, and any other collective community of faith that has shaped America. (b) No pupils shall be graduated from the eighth grade of any public school unless the pupils have received instruction in the history of the United States as provided in this Section and give evidence of having a comprehensive knowledge thereof, which may be administered remotely. (c) Instructional materials that include the addition of content related to Native Americans shall be prepared by the State Superintendent of Education and made available to all school boards on the State Board of Education's Internet website no later than July 1, 2024. These instructional materials may be used by school boards as guidelines for the development of instruction under this Section; however, each school board shall itself determine the minimum amount of instructional time for satisfying the requirements of this Section. Notwithstanding subsections (a) and (b) of this Section, a school or other educational institution is not required to teach and a pupil is not required to learn the additional content related to Native Americans until instructional materials are made available on the State Board's Internet website. Instructional materials related to Native Americans shall be developed in consultation with members of the Chicago American Indian Community Collaborative who are members of a federally recognized tribe, are documented descendants of Indigenous communities, or are other persons recognized as contributing community members by the Chicago American Indian Community Collaborative and who currently reside in this State. (Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23; 103-564, eff. 11-17-23.) |
(105 ILCS 5/27-22) (from Ch. 122, par. 27-22)
Sec. 27-22. Required high school courses.
(a) (Blank).
(b) (Blank). (c) (Blank). (d) (Blank). (e) Through the 2023-2024 school year, as a prerequisite to receiving a high school diploma, each pupil
entering the 9th grade must, in addition to other course requirements, successfully
complete all of the following courses: (1) Four years of language arts. (2) Two years of writing intensive courses, one of | ||
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(3) Three years of mathematics, one of which must be | ||
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(3.5) For pupils entering the 9th grade in the | ||
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(4) Two years of science. (5) Two years of social studies, of which at least | ||
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(6) One year chosen from (A) music, (B) art, (C) | ||
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(e-5) Beginning with the 2024-2025 school year, as a prerequisite to receiving a high school diploma, each pupil entering the 9th grade must, in addition to other course requirements, successfully complete all of the following courses: (1) Four years of language arts. (2) Two years of writing intensive courses, one of | ||
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(3) Three years of mathematics, one of which must be | ||
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(3.5) One year of a course that includes intensive | ||
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(4) Two years of laboratory science. (5) Two years of social studies, of which at least | ||
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(6) One year chosen from (A) music, (B) art, (C) | ||
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(e-10) Beginning with the 2028-2029 school year, as a prerequisite to receiving a high school diploma, each pupil entering the 9th grade must, in addition to other course requirements, successfully complete 2 years of foreign language courses, which may include American Sign Language. A pupil may choose a third year of foreign language to satisfy the requirement under subdivision (6) of subsection (e-5). (f) The State Board of Education shall develop and inform school districts of standards for writing-intensive coursework.
(f-5) If a school district offers an Advanced Placement computer science course to high school students, then the school board must designate that course as equivalent to a high school mathematics course and must denote on the student's transcript that the Advanced Placement computer science course qualifies as a mathematics-based, quantitative course for students in accordance with subdivision (3) of subsection (e) of this Section. (g) Public Act 83-1082 does not apply to pupils entering the 9th grade
in 1983-1984 school year and prior school years or to students
with disabilities whose course of study is determined by an individualized
education program.
Public Act 94-676 does not apply
to pupils entering the 9th grade in the 2004-2005 school year or a prior
school year or to students with disabilities whose course of study is
determined by an individualized education program.
Subdivision (3.5) of subsection (e) does not apply
to pupils entering the 9th grade in the 2021-2022 school year or a prior
school year or to students with disabilities whose course of study is
determined by an individualized education program. Subsection (e-5) does not apply
to pupils entering the 9th grade in the 2023-2024 school year or a prior
school year or to students with disabilities whose course of study is
determined by an individualized education program. Subsection (e-10) does not apply
to pupils entering the 9th grade in the 2027-2028 school year or a prior
school year or to students with disabilities whose course of study is
determined by an individualized education program. (h) The provisions of this Section are subject to the provisions of
Section
27-22.05 of this Code and the Postsecondary and Workforce Readiness Act.
(i) The State Board of Education may adopt rules to modify the requirements of this Section for any students enrolled in grades 9 through 12 if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. (Source: P.A. 102-366, eff. 8-13-21; 102-551, eff. 1-1-22; 102-864, eff. 5-13-22; 103-154, eff. 6-30-23.)
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(105 ILCS 5/27-22.1) (from Ch. 122, par. 27-22.1)
Sec. 27-22.1.
Summer school - required instructional time.
Each
course offered for high school graduation credit during summer school or
any period of the calendar year not embraced within the regular school
year, whether or not such course must be successfully completed as a
prerequisite to receiving a high school diploma and whether or not such
course if successfully completed would be included in the minimum units of
credit required by regulation of the State Board
of Education for high school graduation, shall provide no fewer than 60 hours of
classroom instruction for the equivalent of one semester of high school
course credit.
(Source: P.A. 85-839.)
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(105 ILCS 5/27-22.2) (from Ch. 122, par. 27-22.2)
Sec. 27-22.2.
Vocational education elective.
Whenever the school board
of any school district which maintains grades 9 through 12 establishes a
list of courses from which secondary school students each must elect at
least one course, to be completed along with other course requirements as a
pre-requisite to receiving a high school diploma, that school board must
include on the list of such elective courses at least one course in
vocational education.
(Source: P.A. 84-1334; 84-1438.)
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(105 ILCS 5/27-22.3) (from Ch. 122, par. 27-22.3)
Sec. 27-22.3.
Volunteer service credit program.
(a) A school district may establish a volunteer service credit program
that enables secondary school students to earn credit towards graduation
through performance of community service. This community service may include
participation in the organization of a high school or community blood drive or
other blood donor
recruitment campaign. Any program so established shall
begin with students entering grade 9 in the 1993-1994 school year or
later. The amount of credit given for program participation shall not
exceed that given for completion of one semester of language arts, math,
science or social studies.
(b) Any community service performed as part of a course for which credit
is given towards graduation shall not qualify under a volunteer service
credit program. Any service for which a student is paid shall not qualify
under a volunteer service credit program. Any community work assigned as a
disciplinary measure shall not qualify under a volunteer service credit
program.
(c) School districts that establish volunteer service credit programs
shall establish any necessary rules, regulations and procedures.
(Source: P.A. 93-547, eff. 8-19-03.)
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(105 ILCS 5/27-22.05)
Sec. 27-22.05. Required course substitute. Notwithstanding any other
provision of this Article or this Code, a school board that maintains any of
grades 9 through 12 is authorized to adopt a policy under which
a student who is enrolled in any of those grades
may satisfy one or more high school course or graduation requirements,
including, but not limited to, any requirements under Sections 27-6 and 27-22, by successfully completing a registered apprenticeship program under rules adopted by the State Board of Education under Section 2-3.175 of this Code, or by
substituting for and successfully completing in place of the high school course
or graduation requirement a related vocational or technical education course.
A vocational or technical education course shall not qualify as a related
vocational or technical education course within the meaning of this Section
unless it contains at least 50% of the content of the required course or
graduation requirement for which it is substituted, as determined by the State
Board of Education in accordance with standards that it shall adopt and
uniformly apply for purposes of this Section. No vocational or technical
education course may be substituted for a required course or graduation
requirement under any policy adopted by a school board as authorized in this
Section unless the pupil's parent or guardian first
requests the substitution and approves it in writing on forms that the school
district makes available for purposes of this Section.
(Source: P.A. 100-992, eff. 8-20-18; 101-81, eff. 7-12-19.)
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(105 ILCS 5/27-22.10) Sec. 27-22.10. Course credit for high school diploma. (a) Notwithstanding any other provision of this Code, the school board of a school district that maintains any of grades 9 through 12 is authorized to adopt a policy under which a student enrolled in grade 7 or 8 who is enrolled in the unit school district or would be enrolled in the high school district upon completion of elementary school, whichever is applicable, may enroll in a course required under Section 27-22 of this Code, provided that the course is offered by the high school that the student would attend, and (i) the student participates in the course at the location of the high school, and the elementary student's enrollment in the course would not prevent a high school student from being able to enroll, or (ii) the student participates in the course where the student attends school as long as the course is taught by a teacher who holds a professional educator license issued under Article 21B of this Code and endorsed for the grade level and content area of the course. (b) A school board that adopts a policy pursuant to subsection (a) of this Section must grant academic credit to an elementary school student who successfully completes the high school course, and that credit shall satisfy the requirements of Section 27-22 of this Code for that course. (c) A school board must award high school course credit to a student transferring to its school district for any course that the student successfully completed pursuant to subsection (a) of this Section, unless evidence about the course's rigor and content shows that it does not address the relevant Illinois Learning Standard at the level appropriate for the high school grade during which the course is usually taken, and that credit shall satisfy the requirements of Section 27-22 of this Code for that course. (d) A student's grade in any course successfully completed under this Section must be included in his or her grade point average in accordance with the school board's policy for making that calculation.
(Source: P.A. 99-189, eff. 7-30-15.) |
(105 ILCS 5/27-23)
Sec. 27-23. (Repealed).
(Source: P.A. 95-793, eff. 1-1-09. Repealed by P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)
(Text of Section from P.A. 103-8)
Sec. 27-23.1. Parenting education. (a) The State Board of Education must assist each school district that offers an evidence-based parenting education model. School districts may provide
instruction in parenting education for grades 6 through 12 and include such
instruction in the courses of study regularly taught therein.
School districts may give regular school credit for satisfactory completion
by the student of such courses.
As used in this subsection (a), "parenting education" means and includes
instruction in the following:
(1) Child growth and development, including prenatal | ||
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(2) Childbirth and child care.
(3) Family structure, function and management.
(4) Prenatal and postnatal care for mothers and | ||
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(5) Prevention of child abuse.
(6) The physical, mental, emotional, social, economic | ||
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(7) Parenting skill development.
The State Board of Education shall assist those districts offering
parenting education instruction, upon request, in developing instructional
materials, training teachers, and establishing appropriate time allotments
for each of the areas included in such instruction.
School districts may offer parenting education courses during that period
of the day which is not part of the regular school day. Residents of
the school district may enroll in such courses. The school board may
establish fees and collect such charges as may be necessary for attendance
at such courses in an amount not to exceed the per capita cost of the
operation thereof, except that the board may waive all or part of such
charges if it determines that the individual is indigent or that the
educational needs of the individual requires his or her attendance at such courses.
(b) Beginning with the 2019-2020 school year, from appropriations made for the purposes of this Section, the State Board of Education shall implement and administer a 7-year pilot program supporting the health and wellness student-learning requirement by utilizing a unit of instruction on parenting education in participating school districts that maintain grades 9 through 12, to be determined by the participating school districts. The program is encouraged to include, but is not be limited to, instruction on (i) family structure, function, and management, (ii) the prevention of child abuse, (iii) the physical, mental, emotional, social, economic, and psychological aspects of interpersonal and family relationships, and (iv) parenting education competency development that is aligned to the social and emotional learning standards of the student's grade level. Instruction under this subsection (b) may be included in the Comprehensive Health Education Program set forth under Section 3 of the Critical Health Problems and Comprehensive Health Education Act. The State Board of Education is authorized to make grants to school districts that apply to participate in the pilot program under this subsection (b). The State Board of Education shall by rule provide for the form of the application and criteria to be used and applied in selecting participating urban, suburban, and rural school districts. The provisions of this subsection (b), other than this sentence, are inoperative at the conclusion of the pilot program. (Source: P.A. 103-8, eff. 6-7-23.)
(Text of Section from P.A. 103-175)
Sec. 27-23.1. Parenting education. (a) The State Board of Education must assist each school district that offers an evidence-based parenting education model. School districts may provide
instruction in parenting education for grades 6 through 12 and include such
instruction in the courses of study regularly taught therein.
School districts may give regular school credit for satisfactory completion
by the student of such courses.
As used in this subsection (a), "parenting education" means and includes
instruction in the following:
(1) Child growth and development, including prenatal | ||
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(2) Childbirth and child care.
(3) Family structure, function and management.
(4) Prenatal and postnatal care for mothers and | ||
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(5) Prevention of child abuse.
(6) The physical, mental, emotional, social, economic | ||
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(7) Parenting skill development.
The State Board of Education shall assist those districts offering
parenting education instruction, upon request, in developing instructional
materials, training teachers, and establishing appropriate time allotments
for each of the areas included in such instruction.
School districts may offer parenting education courses during that period
of the day which is not part of the regular school day. Residents of
the school district may enroll in such courses. The school board may
establish fees and collect such charges as may be necessary for attendance
at such courses in an amount not to exceed the per capita cost of the
operation thereof, except that the board may waive all or part of such
charges if it determines that the individual is indigent or that the
educational needs of the individual requires his or her attendance at such courses.
(b) Beginning with the 2019-2020 school year, from appropriations made for the purposes of this Section, the State Board of Education shall implement and administer a 3-year pilot program supporting the health and wellness student-learning requirement by utilizing a unit of instruction on parenting education in participating school districts that maintain grades 9 through 12, to be determined by the participating school districts. The program is encouraged to include, but is not be limited to, instruction on (i) family structure, function, and management, (ii) the prevention of child abuse, (iii) the physical, mental, emotional, social, economic, and psychological aspects of interpersonal and family relationships, and (iv) parenting education competency development that is aligned to the social and emotional learning standards of the student's grade level. Instruction under this subsection (b) may be included in the Comprehensive Health Education Program set forth under Section 3 of the Critical Health Problems and Comprehensive Health Education Act. The State Board of Education is authorized to make grants to school districts that apply to participate in the pilot program under this subsection (b). The provisions of this subsection (b), other than this sentence, are inoperative at the conclusion of the pilot program. (Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27-23.2)
Sec. 27-23.2. (Repealed).
(Source: P.A. 86-650. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-23.3) (from Ch. 122, par. 27-23.3)
Sec. 27-23.3. Education in steroid abuse prevention. School districts
shall provide instruction in relation to the prevention of abuse of
anabolic steroids in grades 7 through 12 and shall include such instruction
in science, health, drug abuse, physical education or other appropriate
courses of study. School districts shall also provide this instruction to students who participate in interscholastic athletic programs. The instruction shall emphasize that the use of
anabolic steroids presents a serious health hazard to persons who use
steroids to enhance athletic performance or physical development. The
State Board of Education may assist in the development of instructional
materials and teacher training in relation to steroid abuse prevention.
(Source: P.A. 94-14, eff. 1-1-06.)
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(105 ILCS 5/27-23.4)
Sec. 27-23.4. Violence prevention and conflict resolution education.
School districts shall provide instruction in violence prevention and conflict
resolution education for grades kindergarten through 12 and may include such instruction
in
the courses of study regularly taught therein. School districts may give
regular school credit for satisfactory completion by the student of such
courses.
As used in this Section, "violence prevention and conflict resolution
education" means and includes instruction in the following:
(1) The consequences of violent behavior.
(2) The causes of violent reactions to conflict.
(3) Nonviolent conflict resolution techniques.
(4) The relationship between drugs, alcohol and | ||
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The State Board of Education shall prepare and make available to all school
boards instructional materials that may be used as guidelines for development
of a violence
prevention program under this Section, provided that each school board
shall determine the appropriate curriculum for satisfying the requirements of
this Section. The State
Board of Education shall assist in training teachers to provide effective
instruction in the violence prevention curriculum.
The State Board of Education and local school boards shall not be required
to implement the provisions of this Section unless grants of funds are made
available and are received after July 1, 1993 from private sources or from the
federal government in amounts sufficient to enable the State Board and local
school boards to meet the requirements of this Section. Any funds received
by the State or a local educational agency pursuant to the federal Safe and
Drug-Free Schools and Communities Act of 1994 shall first be applied or
appropriated to meet the requirements and implement the provisions of this
Section.
(Source: P.A. 97-87, eff. 7-8-11.)
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(105 ILCS 5/27-23.5)
Sec. 27-23.5. Organ/tissue and blood donor and transplantation programs. Each
school district that maintains grades 9 and 10 may include in its curriculum
and teach to the students of either such grade one unit of instruction on
organ/tissue and blood donor and transplantation programs. No student
shall be required
to
take or participate in instruction on
organ/tissue and blood donor and transplantation programs if a parent or
guardian files
written objection thereto on constitutional grounds, and refusal to take or
participate in such instruction on those grounds shall not be reason for
suspension or expulsion of a student or result in any academic penalty.
The regional superintendent of schools in which a school district that
maintains grades 9 and 10 is located shall obtain and distribute to each
school that maintains grades 9 and 10 in his or her district
information and data, including
instructional materials provided at no cost by America's Blood Centers, the
American
Red Cross, and Gift of Hope,
that may be used by the
school in developing a unit of instruction under this Section.
However, each
school board shall determine the minimum amount of instructional time that
shall qualify as a unit of instruction satisfying the requirements of this
Section.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/27-23.6) (Text of Section before amendment by P.A. 103-542) Sec. 27-23.6. Anti-bias education. (a) The General Assembly finds that there is a significant increase in violence in the schools and that much of that violence is the result of intergroup tensions. The General Assembly further finds that anti-bias education and intergroup conflict resolution are effective methods for preventing violence and lessening tensions in the schools and that these methods are most effective when they are respectful of individuals and their divergent viewpoints and religious beliefs, which are protected by the First Amendment to the Constitution of the United States. (b) Beginning with the 2002-2003 school year, public elementary and secondary schools may incorporate activities to address intergroup conflict, with the objectives of improving intergroup relations on and beyond the school campus, defusing intergroup tensions, and promoting peaceful resolution of conflict. The activities must be respectful of individuals and their divergent viewpoints and religious beliefs, which are protected by the First Amendment to the Constitution of the United States. Such activities may include, but not be limited to, instruction and teacher training programs. (c) A school board that adopts a policy to incorporate activities to address intergroup conflict as authorized under subsection (b) of this Section shall make information available to the public that describes the manner in which the board has implemented the authority granted to it in this Section. The means for disseminating this information (i) shall include posting the information on the school district's Internet web site, if any, and making the information available, upon request, in district offices, and (ii) may include without limitation incorporating the information in a student handbook and including the information in a district newsletter.(Source: P.A. 92-763, eff. 8-6-02.) (Text of Section after amendment by P.A. 103-542) Sec. 27-23.6. Anti-bias education. (a) The General Assembly finds that there is a significant increase in violence in the schools and that much of that violence is the result of intergroup tensions. The General Assembly further finds that anti-bias education and intergroup conflict resolution are effective methods for preventing violence and lessening tensions in the schools and that these methods are most effective when they are respectful of individuals and their divergent viewpoints and religious beliefs, which are protected by the First Amendment to the Constitution of the United States. (b) Beginning with the 2002-2003 school year, public elementary and secondary schools may incorporate activities to address intergroup conflict, with the objectives of improving intergroup relations on and beyond the school campus, defusing intergroup tensions, and promoting peaceful resolution of conflict. The activities must be respectful of individuals and their divergent viewpoints and religious beliefs, which are protected by the First Amendment to the Constitution of the United States. (c) A school board that adopts a policy to incorporate activities to address intergroup conflict as authorized under subsection (b) of this Section shall make information available to the public that describes the manner in which the board has implemented the authority granted to it in this Section. The means for disseminating this information (i) shall include posting the information on the school district's Internet web site, if any, and making the information available, upon request, in district offices, and (ii) may include without limitation incorporating the information in a student handbook and including the information in a district newsletter.(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 5/27-23.7) Sec. 27-23.7. Bullying prevention. (a) The General Assembly finds that a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with students' ability to learn and participate in school activities. The General Assembly further finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual violence. Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school districts, charter schools, and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district, charter school, or non-public, non-sectarian elementary or secondary school personnel about what behaviors constitute prohibited bullying. Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, physical appearance, socioeconomic status, academic status, pregnancy, parenting status, homelessness, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from military service, association with a person or group with one or more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic is prohibited in all school districts, charter schools, and non-public, non-sectarian elementary and secondary schools.
No student shall be subjected to bullying: (1) during any school-sponsored education program or | ||
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(2) while in school, on school property, on school | ||
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(3) through the transmission of information from a | ||
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(4) through the transmission of information from a | ||
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(a-5) Nothing in this Section is intended to infringe upon any right to exercise free expression or the free exercise of religion or religiously based views protected under the First Amendment to the United States Constitution or under Section 3 of Article I of the Illinois Constitution. (b) In this Section:
"Bullying" includes "cyber-bullying" and means any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following: (1) placing the student or students in reasonable | ||
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(2) causing a substantially detrimental effect on the | ||
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(3) substantially interfering with the student's or | ||
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(4) substantially interfering with the student's or | ||
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Bullying, as defined in this subsection (b), may take various forms, including without limitation one or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an act of bullying. This list is meant to be illustrative and non-exhaustive. "Cyber-bullying" means bullying through the use of technology or any electronic communication, including without limitation any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photooptical system, including without limitation electronic mail, Internet communications, instant messages, or facsimile communications. "Cyber-bullying" includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section. "Cyber-bullying" also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the distribution or posting creates any of the effects enumerated in the definition of bullying in this Section. "Policy on bullying" means a bullying prevention policy that meets the following criteria: (1) Includes the bullying definition provided in this | ||
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(2) Includes a statement that bullying is contrary to | ||
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(3) Includes procedures for promptly reporting | ||
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(4) Consistent with federal and State laws and rules | ||
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(5) Contains procedures for promptly investigating | ||
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(A) Making all reasonable efforts to complete the | ||
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(B) Involving appropriate school support | ||
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(C) Notifying the principal or school | ||
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(D) Consistent with federal and State laws and | ||
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(6) Includes the interventions that can be taken to | ||
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(7) Includes a statement prohibiting reprisal or | ||
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(8) Includes consequences and appropriate remedial | ||
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(9) Is based on the engagement of a range of school | ||
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(10) Is posted on the school district's, charter | ||
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(11) As part of the process of reviewing and | ||
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(12) Is consistent with the policies of the school | ||
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(13) Requires all individual instances of bullying, | ||
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"Restorative measures" means a continuum of school-based alternatives to exclusionary discipline, such as suspensions and expulsions, that: (i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' behavioral health needs in order to keep students in school, and (vii) increase student accountability if the incident of bullying is based on religion, race, ethnicity, or any other category that is identified in the Illinois Human Rights Act. "School personnel" means persons employed by, on contract with, or who volunteer in a school district, charter school, or non-public, non-sectarian elementary or secondary school, including without limitation school and school district administrators, teachers, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards. (c) (Blank).
(d) Each school district, charter school, and non-public, non-sectarian elementary or secondary school shall create, maintain, and implement a policy on bullying, which policy must be filed with the State Board of Education. The policy on bullying shall be based on the State Board of Education's template for a model bullying prevention policy under subsection (h) and shall include the criteria set forth in the definition of "policy on bullying". The policy or implementing procedure shall include a process to investigate whether a reported act of bullying is within the permissible scope of the district's or school's jurisdiction and shall require that the district or school provide the victim with information regarding services that are available within the district and community, such as counseling, support services, and other programs. School personnel available for help with a bully or to make a report about bullying shall be made known to parents or legal guardians, students, and school personnel. Every 2 years, each school district, charter school, and non-public, non-sectarian elementary or secondary school shall conduct a review and re-evaluation of its policy and make any necessary and appropriate revisions. No later than September 30 of the subject year, the policy must be filed with the State Board of Education after being updated. The State Board of Education shall monitor and provide technical support for the implementation of policies created under this subsection (d). In monitoring the implementation of the policies, the State Board of Education shall review each filed policy on bullying to ensure all policies meet the requirements set forth in this Section, including ensuring that each policy meets the 12 criterion identified within the definition of "policy on bullying" set forth in this Section. If a school district, charter school, or non-public, non-sectarian elementary or secondary school fails to file a policy on bullying by September 30 of the subject year, the State Board of Education shall provide a written request for filing to the school district, charter school, or non-public, non-sectarian elementary or secondary school. If a school district, charter school, or non-public, non-sectarian elementary or secondary school fails to file a policy on bullying within 14 days of receipt of the aforementioned written request, the State Board of Education shall publish notice of the non-compliance on the State Board of Education's website. Each school district, charter school, and non-public, non-sectarian elementary or secondary school may provide evidence-based professional development and youth programming on bullying prevention that is consistent with the provisions of this Section. (e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law.
(f) School districts, charter schools, and non-public, non-sectarian elementary and secondary schools shall collect, maintain, and submit to the State Board of Education non-identifiable data regarding verified allegations of bullying within the school district, charter school, or non-public, non-sectarian elementary or secondary school. School districts, charter schools, and non-public, non-sectarian elementary and secondary schools must submit such data in an annual report due to the State Board of Education no later than August 15 of each year starting with the 2024-2025 school year through the 2030-2031 school year. The State Board of Education shall adopt rules for the submission of data that includes, but is not limited to: (i) a record of each verified allegation of bullying and action taken; and (ii) whether the instance of bullying was based on actual or perceived characteristics identified in subsection (a) and, if so, lists the relevant characteristics. The rules for the submission of data shall be consistent with federal and State laws and rules governing student privacy rights, including, but not limited to, the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student Records Act, which shall include, without limitation, a record of each complaint and action taken. The State Board of Education shall adopt rules regarding the notification of school districts, charter schools, and non-public, non-sectarian elementary and secondary schools that fail to comply with the requirements of this subsection. (g) Upon the request of a parent or legal guardian of a child enrolled in a school district, charter school, or non-public, non-sectarian elementary or secondary school within this State, the State Board of Education must provide non-identifiable data on the number of bullying allegations and incidents in a given year in the school district, charter school, or non-public, non-sectarian elementary or secondary school to the requesting parent or legal guardian. The State Board of Education shall adopt rules regarding (i) the handling of such data, (ii) maintaining the privacy of the students and families involved, and (iii) best practices for sharing numerical data with parents and legal guardians. (h) By January 1, 2024, the State Board of Education shall post on its Internet website a template for a model bullying prevention policy. (i) The Illinois Bullying and Cyberbullying Prevention Fund is created as a special fund in the State treasury. Any moneys appropriated to the Fund may be used, subject to appropriation, by the State Board of Education for the purposes of subsection (j). (j) Subject to appropriation, the State Superintendent of Education may provide a grant to a school district, charter school, or non-public, non-sectarian elementary or secondary school to support its anti-bullying programming. Grants may be awarded from the Illinois Bullying and Cyberbullying Prevention Fund. School districts, charter schools, and non-public, non-sectarian elementary or secondary schools that are not in compliance with subsection (f) are not eligible to receive a grant from the Illinois Bullying and Cyberbullying Prevention Fund. (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-47, eff. 6-9-23.) |
(105 ILCS 5/27-23.8)
Sec. 27-23.8. Disability history and awareness. (a) A school district shall provide instruction on disability history, people with disabilities, and the disability rights movement. Instruction may be included in those courses that the school district chooses. This instruction must be founded on the principle that all students, including students with disabilities, have the right to exercise self-determination. When possible, individuals with disabilities should be incorporated into the development and delivery of this instruction. This instruction may be supplemented by knowledgeable guest speakers from the disability community. A school board may collaborate with community-based organizations, such as centers for independent living, parent training and information centers, and other consumer-driven groups, and disability membership organizations in creating this instruction. (b) The State Board of Education may prepare and make available to all school boards resource materials that may be used as guidelines for the development of instruction for disability history and awareness under this Section. (c) Each school board shall determine the minimum amount of instructional time required under this Section. (d) The regional superintendent of schools shall monitor a school district's compliance with this Section's curricular requirement during his or her annual compliance visit.
(Source: P.A. 96-191, eff. 1-1-10.) |
(105 ILCS 5/27-23.9) Sec. 27-23.9. (Repealed).
(Source: P.A. 96-952, eff. 6-28-10. Repealed internally, eff. 3-2-11.) |
(105 ILCS 5/27-23.10) (Text of Section before amendment by P.A. 103-542) Sec. 27-23.10. Gang resistance education and training. (a) The General Assembly finds that the instance of youth delinquent gangs continues to rise on a statewide basis. Given the higher rates of criminal offending among gang members, as well as the availability of increasingly lethal weapons, the level of criminal activity by gang members has taken on new importance for law enforcement agencies, schools, the community, and prevention efforts. (b) As used in this Section: "Gang resistance education and training" means and includes instruction in, without limitation, each of the following subject matters when accompanied by a stated objective of reducing gang activity and educating children in grades K through 12 about the consequences of gang involvement: (1) conflict resolution; (2) cultural sensitivity; (3) personal goal setting; and (4) resisting peer pressure. (c) Each school district and non-public, non-sectarian elementary or secondary school in this State may make suitable provisions for instruction in gang resistance education and training in all grades and include that instruction in the courses of study regularly taught in those grades. For the purposes of gang resistance education and training, a school board or the governing body of a non-public, non-sectarian elementary or secondary school must collaborate with State and local law enforcement agencies. The State Board of Education may assist in the development of instructional materials and teacher training in relation to gang resistance education and training.(Source: P.A. 96-952, eff. 6-28-10.) (Text of Section after amendment by P.A. 103-542) Sec. 27-23.10. Gang resistance education and training. (a) The General Assembly finds that the instance of youth delinquent gangs continues to rise on a statewide basis. Given the higher rates of criminal offending among gang members, as well as the availability of increasingly lethal weapons, the level of criminal activity by gang members has taken on new importance for law enforcement agencies, schools, the community, and prevention efforts. (b) As used in this Section: "Gang resistance education and training" means and includes instruction in, without limitation, each of the following subject matters when accompanied by a stated objective of reducing gang activity and educating children in grades K through 12 about the consequences of gang involvement: (1) conflict resolution; (2) cultural sensitivity; (3) personal goal setting; and (4) resisting peer pressure. (c) Each school district and non-public, non-sectarian elementary or secondary school in this State may make suitable provisions for instruction in gang resistance education in all grades and include that instruction in the courses of study regularly taught in those grades. For the purposes of gang resistance education, a school board or the governing body of a non-public, non-sectarian elementary or secondary school must collaborate with State and local law enforcement agencies. The State Board of Education may assist in the development of instructional materials and teacher training in relation to gang resistance education and training.(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 5/27-23.11) Sec. 27-23.11. Traffic injury prevention; policy. The school board of a school district that maintains any of grades kindergarten through 8 shall adopt a policy on educating students on the effective methods of preventing and avoiding traffic injuries related to walking and bicycling, which education must be made available to students in grades kindergarten through 8.
(Source: P.A. 100-1056, eff. 8-24-18; 101-81, eff. 7-12-19.) |
(105 ILCS 5/27-23.12) Sec. 27-23.12. Emotional Intelligence and Social and Emotional Learning Task Force. The Emotional Intelligence and Social and Emotional Learning Task Force is created to develop assessment guidelines and best practices on emotional intelligence and social and emotional learning, including strategies and instruction to address the needs of students with anger management issues. The Task Force shall consist of the State Superintendent of Education or his or her designee and all of the following members, appointed by the State Superintendent: (1) A representative of a school district organized | ||
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(2) A representative of a statewide organization | ||
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(3) A representative of a statewide organization | ||
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(4) A representative of a statewide organization | ||
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(5) A representative of a statewide organization | ||
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(6) An employee of a school under Article 13A of this | ||
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(7) A school psychologist employed by a school | ||
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(8) Representatives of other appropriate State | ||
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Members appointed by the State Superintendent shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board of Education for that purpose, including travel, subject to the rules of the appropriate travel control board. The Task Force shall meet at the call of the State Superintendent. The State Board of Education shall provide administrative and other support to the Task Force. The Task Force shall develop age-appropriate, emotional intelligence and social and emotional learning assessment guidelines and best practices for elementary schools and high schools. The guidelines shall, at a minimum, include teaching how to recognize, direct, and positively express emotions. The Task Force must also make recommendations on the funding of appropriate services and the availability of sources of funding, including, but not limited to, federal funding, to address social and emotional learning. The Task Force shall complete the guidelines and recommendations on or before March 1, 2020. Upon completion of the guidelines and recommendations the Task Force is dissolved.
(Source: P.A. 101-81, eff. 7-12-19; 101-498, eff. 6-1-20; 102-894, eff. 5-20-22.) |
(105 ILCS 5/27-23.13) Sec. 27-23.13. Hunting safety. A school district may offer its students a course on hunting safety as part of its curriculum during the school day or as part of an after-school program. The State Board of Education may prepare and make available to school boards resources on hunting safety that may be used as guidelines for the development of a course under this Section.
(Source: P.A. 101-152, eff. 7-26-19; 102-558, eff. 8-20-21.) |
(105 ILCS 5/27-23.14) Sec. 27-23.14. Workplace preparation course. A school district that maintains any of grades 9 through 12 may include in its high school curriculum a unit of instruction on workplace preparation that covers legal protections in the workplace, including protection against sexual harassment and racial and other forms of discrimination and other protections for employees. A school board may determine the minimum amount of instruction time that qualifies as a unit of instruction under this Section.
(Source: P.A. 101-347, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(105 ILCS 5/27-23.15) Sec. 27-23.15. Computer science. (a) In this Section, "computer science" means the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. "Computer science" does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet. (b) Beginning with the 2023-2024 school year, the school board of a school district that maintains any of grades 9 through 12 shall provide an opportunity for every high school student to take at least one computer science course aligned to rigorous learning standards of the State Board of Education.
(Source: P.A. 101-654, eff. 3-8-21; 102-813, eff. 5-13-22.) |
(105 ILCS 5/27-23.16)
Sec. 27-23.16. Study of the process of naturalization. Every public high school may include in its curriculum a unit of instruction about the process of naturalization by which a foreign citizen or foreign national becomes a U.S. citizen. The course of instruction shall include content from the components of the naturalization test administered by the U.S. Citizenship and Immigration Services. Each school board shall determine the minimum amount of instructional time under this Section.
(Source: P.A. 102-472, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/27-24) (from Ch. 122, par. 27-24)
Sec. 27-24. Short title. Sections 27-24 through 27-24.10 of this Article are known and may be
cited as the Driver Education Act.
(Source: P.A. 98-756, eff. 7-16-14.)
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(105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
Sec. 27-24.1. Definitions. As used in the Driver Education Act unless the context otherwise
requires:
"State Board" means the State Board of Education.
"Driver education course" and "course" means a course of instruction
in the use and operation of cars, including instruction in the safe
operation of cars and rules of the road, the laws of this State
relating to motor vehicles, and law enforcement procedures during traffic stops, including appropriate interactions with law enforcement officers, which meets the minimum requirements of this
Act and the rules and regulations issued thereunder by the
State Board and has been approved by the State
Board as meeting
such requirements.
"Car" means a motor vehicle of the first division as defined in the
Illinois Vehicle Code.
"Motorcycle" or "motor driven cycle" means such a vehicle as defined
in the Illinois Vehicle Code.
"Driver's license" means any license or permit issued by the
Secretary of State under Chapter 6 of the Illinois Vehicle Code.
"Distance learning program" means a program of study in which all participating teachers and students do not physically meet in the classroom and instead use the Internet, email, or any other method other than the classroom to provide instruction. With reference to persons, the singular number includes the plural
and vice versa, and the masculine gender includes the feminine.
(Source: P.A. 101-183, eff. 8-2-19; 102-455, eff. 1-1-22; 102-558, eff. 8-20-21.)
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(105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) Sec. 27-24.2. Safety education; driver education course. Instruction shall be given in safety education in each of grades one through 8, equivalent to one class period each week, and any school district which maintains
grades 9 through 12 shall offer a driver education course in any such school
which it operates. Its curriculum shall include content dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, the rules adopted pursuant to those Chapters insofar as they pertain to the operation of motor vehicles, and the portions of the Litter Control Act relating to the operation of motor vehicles. The course of instruction given in grades 10 through 12 shall include an emphasis on the development of knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles, including motorcycles insofar as they can be taught in the classroom, and instruction on distracted driving as a major traffic safety issue. In addition, the course shall include instruction on special hazards existing at and required safety and driving precautions that must be observed at emergency situations, highway construction and maintenance zones, and railroad crossings and the approaches thereto. Beginning with the 2017-2018 school year, the course shall also include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement. The course of instruction required of each eligible student at the high school level shall consist of a minimum of 30 clock hours of classroom instruction and a minimum of 6 clock hours of individual behind-the-wheel instruction in a dual control car on public roadways taught by a driver education instructor endorsed by the State Board of Education. A school district's decision to allow a student to take a portion of the driver education course through a distance learning program must be determined on a case-by-case basis and must be approved by the school's administration, including the student's driver education teacher, and the student's parent or guardian. Under no circumstances may the student take the entire driver education course through a distance learning program. Both the classroom instruction part and the practice driving
part of a driver education course shall be open to a resident or
non-resident student attending a non-public school in the district wherein the
course is offered. Each student attending any public or non-public high school
in the district must receive a passing grade in at least 8 courses during the
previous 2 semesters prior to enrolling in a driver education course, or the
student shall not be permitted to enroll in the course; provided that the local
superintendent of schools (with respect to a student attending a public high
school in the district) or chief school administrator (with respect to a
student attending a non-public high school in the district) may waive the
requirement if the superintendent or chief school administrator, as the case
may be, deems it to be in the best interest of the student. A student may be allowed to commence the
classroom instruction part of such driver education course prior to reaching
age 15 if such student then will be eligible to complete the entire course
within 12 months after being allowed to commence such classroom instruction. A school district may offer a driver education course in a school by contracting with a commercial driver training school to provide both the classroom instruction part and the practice driving part or either one without having to request a modification or waiver of administrative rules of the State Board of Education if the school district approves the action during a public hearing on whether to enter into a contract with a commercial driver training school. The public hearing shall be held at a regular or special school board meeting prior to entering into such a contract. If a school district chooses to approve a contract with a commercial driver training school, then the district must provide evidence to the State Board of Education that the commercial driver training school with which it will contract holds a license issued by the Secretary of State under Article IV of Chapter 6 of the Illinois Vehicle Code and that each instructor employed by the commercial driver training school to provide instruction to students served by the school district holds a valid teaching license issued under the requirements of this Code and rules of the State Board of Education. Such evidence must include, but need not be limited to, a list of each instructor assigned to teach students served by the school district, which list shall include the instructor's name, personal identification number as required by the State Board of Education, birth date, and driver's license number. Once the contract is entered into, the school district shall notify the State Board of Education of any changes in the personnel providing instruction either (i) within 15 calendar days after an instructor leaves the program or (ii) before a new instructor is hired. Such notification shall include the instructor's name, personal identification number as required by the State Board of Education, birth date, and driver's license number. If the school district maintains an Internet website, then the district shall post a copy of the final contract between the district and the commercial driver training school on the district's Internet website. If no Internet website exists, then the school district shall make available the contract upon request. A record of all materials in relation to the contract must be maintained by the school district and made available to parents and guardians upon request. The instructor's date of birth and driver's license number and any other personally identifying information as deemed by the federal Driver's Privacy Protection Act of 1994 must be redacted from any public materials. Such a course may be commenced immediately after the completion of a prior
course. Teachers of such courses shall meet the licensure requirements of
this Code and regulations of the State Board as to qualifications. Except for a contract with a Certified Driver Rehabilitation Specialist, a school district that contracts with a third party to teach a driver education course under this Section must ensure the teacher meets the educator licensure and endorsement requirements under Article 21B and must follow the same evaluation and observation requirements that apply to non-tenured teachers under Article 24A. The teacher evaluation must be conducted by a school administrator employed by the school district and must be submitted annually to the district superintendent and all school board members for oversight purposes. Subject to rules of the State Board of Education, the school district may charge a reasonable fee, not to exceed $50, to students who participate in the course, unless a student is unable to pay for such a course, in which event the fee for such a student must be waived. However, the district may increase this fee to an amount not to exceed $250 by school board resolution following a public hearing on the increase, which increased fee must be waived for students who participate in the course and are unable to pay for the course. The total amount from driver education fees and reimbursement from the State for driver education must not exceed the total cost of the driver education program in any year and must be deposited into the school district's driver education fund as a separate line item budget entry. All moneys deposited into the school district's driver education fund must be used solely for the funding of a high school driver education program approved by the State Board of Education that uses driver education instructors endorsed by the State Board of Education. (Source: P.A. 101-183, eff. 8-2-19; 101-450, eff. 8-23-19; 102-558, eff. 8-20-21.) |
(105 ILCS 5/27-24.2a) Sec. 27-24.2a. Non-public school driver education course. Beginning with the 2017-2018 school year, any non-public school's driver education course shall include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.
(Source: P.A. 99-720, eff. 1-1-17.) |
(105 ILCS 5/27-24.3) (from Ch. 122, par. 27-24.3)
Sec. 27-24.3. Reimbursement. In order for the school district to receive reimbursement from the
State as hereinafter provided, the driver education course offered in
its schools shall consist of at least 30 clock hours of classroom
instruction and, subject to modification as hereinafter allowed, at
least 6 clock hours of practice driving in a car having dual operating
controls under direct individual instruction.
(Source: P.A. 95-310, eff. 7-1-08.)
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(105 ILCS 5/27-24.4) (from Ch. 122, par. 27-24.4)
Sec. 27-24.4. Reimbursement amount. (a) Each school district shall be entitled
to reimbursement for each student who finishes either the classroom instruction
part or the practice driving part of a
driver education course that meets the minimum requirements of this Act.
Reimbursement under this Act is payable from
the Drivers Education Fund in the State treasury.
Each year all funds appropriated from the Drivers
Education Fund to the
State Board of Education, with the exception of those funds necessary for
administrative purposes of the State Board of Education, shall be distributed
in the manner provided in this paragraph to school districts by the State Board of Education for reimbursement of
claims from the previous school year. As soon as may be after each quarter of the year, if moneys are available in the Drivers
Education Fund in the State treasury for payments under this Section, the State Comptroller shall draw his or her warrants upon the State Treasurer as directed by the State Board of Education. The warrant for each quarter shall be in an amount equal to one-fourth of the total amount to be distributed to school districts for the year. Payments shall be made to school districts as soon as may be after receipt of the warrants.
The base reimbursement amount shall be calculated by the State Board by
dividing the total amount appropriated for distribution by the total of:
(a) the number of students who have completed the classroom instruction
part for whom valid claims have been made times 0.2; plus (b) the number
of students who have
completed the practice driving instruction part for whom valid claims have
been made times 0.8.
The amount of reimbursement to be distributed on each claim shall be 0.2
times the base reimbursement amount for each validly claimed student who
has completed the classroom instruction part, plus 0.8 times the base reimbursement
amount for each validly claimed student who has completed the practice driving
instruction part. (b) The school district which is the residence of
a student who attends a nonpublic school in another district that has furnished the driver
education course shall reimburse the district offering the course, the
difference between the actual per capita cost of giving the course the
previous school year and the amount reimbursed by the State, which, for purposes of this subsection (b), shall be referred to as "course cost". If the course cost offered by the student's resident district is less than the course cost of the course in the district where the nonpublic school is located, then the student is responsible for paying the district that furnished the course the difference between the 2 amounts. If a nonpublic school student chooses to attend a driver's education course in a school district besides the district where the nonpublic school is located, then the student is wholly responsible for the course cost; however, the nonpublic school student may take the course in his or her resident district on the same basis as public school students who are enrolled in that district.
By April 1 the
nonpublic school shall notify the district offering the course of the
names and district numbers of the nonresident students desiring to take
such course the next school year. The district offering such course shall
notify the district of residence of those students affected by April 15.
The school district furnishing the course may claim the nonresident student
for the purpose of making a claim for State reimbursement under this Act.
(Source: P.A. 96-734, eff. 8-25-09; 97-1025, eff. 1-1-13.)
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(105 ILCS 5/27-24.5) (from Ch. 122, par. 27-24.5)
Sec. 27-24.5. Submission of claims. The district shall report on forms prescribed
by the State Board, on an ongoing basis, a list of students by name, birth date
and sex, with the date
the
behind-the-wheel instruction or the classroom instruction or both were
completed
and with the
status of the course completion.
The State shall not reimburse any district for any student
who has
repeated any part of the course more than once or who did not meet the age
requirements of
this Act during the period that the student was instructed
in any part of the drivers education course.
(Source: P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/27-24.6) (from Ch. 122, par. 27-24.6)
Sec. 27-24.6. Attendance records. The school board shall require the teachers of drivers education courses
to keep daily attendance records for students attending such courses in the
same manner as is prescribed in Section 24-18 of this Act and such records
shall be used to prepare and certify claims made under the Driver Education
Act. Claims for reimbursement shall be made under oath or affirmation of
the chief school administrator for the district employed by the school
board
or authorized driver education personnel employed by the school board.
Whoever submits a false claim under the Driver Education Act or makes a
false record upon which a claim is based shall be fined in an amount equal
to the sum falsely claimed.
(Source: P.A. 96-734, eff. 8-25-09.)
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(105 ILCS 5/27-24.7) (from Ch. 122, par. 27-24.7)
Sec. 27-24.7.
School code to apply.
The provisions of this Act not inconsistent with the provisions of the
Driver Education Act shall apply to the conduct of instruction offered by a
school district under the provisions of the Driver Education Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/27-24.8) (from Ch. 122, par. 27-24.8)
Sec. 27-24.8.
Rules and regulations.
The State Board may promulgate rules and regulations not
inconsistent with the provisions of the Driver Education Act for the
administration of the Driver Education Act.
(Source: P.A. 81-1508.)
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(105 ILCS 5/27-24.9) Sec. 27-24.9. Driver education standards. The State Board of Education, in consultation with the Secretary of State, an association representing teachers of driver education, students, education practitioners, including, but not limited to, teachers in colleges of education, administrators, and regional superintendents of schools, shall adopt rigorous learning standards for the classroom and laboratory phases of driver education for novice teen drivers under the age of 18 years, including, but not limited to, the Novice Teen Driver Education and Training Administrative Standards developed and written by the Association of National Stakeholders in Traffic Safety Education in affiliation with the National Highway Transportation Safety Administration. The national learning standards may be adapted to meet Illinois licensing and educational requirements, including classroom and behind-the-wheel hours and the cognitive, physiological, and psychological aspects of the safe operation of a motor vehicle and equipment of motor vehicles. As the national standards are updated, the Board shall update these learning standards.
(Source: P.A. 102-951, eff. 1-1-23.) |
(105 ILCS 5/27-24.10) Sec. 27-24.10. Cost report. The State Board of Education shall annually prepare a report to be posted on the State Board's Internet website that indicates the approximate per capita driver education cost for each school district required to provide driver education. This report, compiled each spring from data reported the previous school year, shall be computed from expenditure data for driver education submitted by school districts on the annual financial statements required pursuant to Section 3-15.1 of this Code and the number of students provided driver education for that school year, as required to be reported under Section 27-24.5 of this Code.
(Source: P.A. 97-1025, eff. 1-1-13.) |
(105 ILCS 5/prec. Sec. 27-25 heading)
NUCLEAR ENERGY EDUCATION ACT
(Repealed)(Source: Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-25)
Sec. 27-25. (Repealed).
(Source: P.A. 76-1835. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-25.1)
Sec. 27-25.1. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-25.2)
Sec. 27-25.2. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-25.3)
Sec. 27-25.3. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-25.4)
Sec. 27-25.4. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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(105 ILCS 5/27-26)
Sec. 27-26. (Repealed).
(Source: P.A. 78-1245. Repealed by P.A. 94-600, eff. 8-16-05.)
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(105 ILCS 5/27-27) (from Ch. 122, par. 27-27)
Sec. 27-27.
When school districts use a system of categorizing classes
of instruction by degree of difficulty and issues grades in accordance
therewith, identification of said system shall be reflected in the affected
students' class ranking and permanent records.
(Source: P.A. 81-707.)
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(105 ILCS 5/Art. 27A heading) ARTICLE 27A
CHARTER SCHOOLS
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(105 ILCS 5/27A-1)
Sec. 27A-1.
Short title and application.
This Article may be cited as
the Charter Schools Law. This Article applies in all school districts,
including special charter districts and school districts located in cities
having a population of more than 500,000.
(Source: P.A. 89-450, eff. 4-10-96.)
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(105 ILCS 5/27A-2)
Sec. 27A-2.
Legislative declaration.
(a) The General Assembly finds and declares as follows:
(1) Encouraging educational excellence is in the best | ||
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(2) There are educators, community members, and | ||
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(3) The enactment of legislation authorizing charter | ||
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(b) The General Assembly further finds and declares that this Article is
enacted for the following purposes:
(1) To improve pupil learning by creating schools | ||
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(2) To increase learning opportunities for all | ||
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(3) To encourage the use of teaching methods that may | ||
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(4) To allow the development of new, different, or | ||
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(5) To create new professional opportunities for | ||
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(6) To provide parents and pupils with expanded | ||
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(7) To encourage parental and community involvement | ||
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(8) To hold charter schools accountable for meeting | ||
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(c) In authorizing charter schools, it is the intent of the General Assembly
to create a legitimate avenue for parents,
teachers, and community members to take responsible risks and create new,
innovative, and more flexible ways of educating children
within the public
school system. The General Assembly seeks to create opportunities within the
public school system of Illinois for development of
innovative and accountable
teaching techniques.
The provisions of this
Article should be interpreted liberally to support the findings and goals of
this Section and to advance a renewed commitment by the State of Illinois to
the mission, goals, and diversity of public education.
(Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
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(105 ILCS 5/27A-3)
(Text of Section from P.A. 103-175)
Sec. 27A-3. Definitions. For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical, emotional,
socioeconomic, or cultural factors, is less likely to succeed in a conventional
educational environment.
"Authorizer" means an entity authorized under this Article to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee charter schools, and decide whether to renew, not renew, or revoke a charter. "Local school board" means the duly elected or appointed school board or
board of education of a public school district, including special charter
districts and school districts located in cities having a population of more
than 500,000, organized under the laws of this State.
"State Board" means the State Board of Education.
(Source: P.A. 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-416)
Sec. 27A-3. Definitions. For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical, emotional,
socioeconomic, or cultural factors, is less likely to succeed in a conventional
educational environment.
"Authorizer" means an entity authorized under this Article to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee charter schools, and decide whether to renew, not renew, or revoke a charter. "Commission" means the State Charter School Commission established under Section 27A-7.5 of this Code. "Local school board" means the duly elected or appointed school board or
board of education of a public school district, including special charter
districts and school districts located in cities having a population of more
than 500,000, organized under the laws of this State.
"State Board" means the State Board of Education.
"Union neutrality clause" means a provision whereby a charter school agrees: (1) to be neutral regarding the unionization of any of its employees, such that the charter school will not at any time express a position on the matter of whether its employees will be unionized and such that the charter school will not threaten, intimidate, discriminate against, retaliate against, or take any adverse action against any employees based on their decision to support or oppose union representation;
(2) to provide any bona fide labor organization access at reasonable times to areas in which the charter school's employees work for the purpose of meeting with employees to discuss their right to representation, employment rights under the law, and terms and conditions of employment; and (3) that union recognition shall be through a majority card check verified by a neutral third-party arbitrator mutually selected by the charter school and the bona fide labor organization through alternate striking from a panel of arbitrators provided by the Federal Mediation and Conciliation Service. As used in this definition, "bona fide labor organization" means a labor organization recognized under the National Labor Relations Act or the Illinois Educational Labor Relations Act. As used in this definition, "employees" means non-represented, non-management, and non-confidential employees of a charter school. (Source: P.A. 103-416, eff. 8-4-23.)
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(105 ILCS 5/27A-4)
Sec. 27A-4. General provisions.
(a) The General Assembly does not intend to alter or amend the provisions
of any court-ordered desegregation plan in effect for any school district. A
charter school shall be subject to all federal and State laws and
constitutional provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin, religion, ancestry,
marital status, or need for special education services.
(b) The total number of charter schools operating under this Article at any
one time shall not exceed 120. Not more than 70 charter
schools
shall operate at any one time in any city having a population exceeding
500,000, with at least 5 charter schools devoted exclusively to students from low-performing or overcrowded schools operating at any one time in that city; and not more than 45
charter schools shall operate at any one time in the remainder of the State, with not
more than one charter school that
has been initiated by a board of education, or
by an intergovernmental agreement between or among boards of education,
operating at any one
time in the school district where the charter school is located. In addition to these charter schools, up to but no more than 5 charter schools devoted exclusively to re-enrolled high school dropouts and/or students 16 or 15 years old at risk of dropping out may operate at any one time in any city having a population exceeding 500,000. Notwithstanding any provision to the contrary in subsection (b) of Section 27A-5 of this Code, each such dropout charter may operate up to 15 campuses within the city. Any of these dropout charters may have a maximum of 1,875 enrollment seats, any one of the campuses of the dropout charter may have a maximum of 165 enrollment seats, and each campus of the dropout charter must be operated, through a contract or payroll, by the same legal entity as that for which the charter is approved and certified.
For purposes of implementing this Section, the State Board shall assign a
number to each charter submission it receives under Section 27A-6 for its
review and certification, based on the chronological order in which the
submission is received by it. The State Board shall promptly notify local
school boards when the maximum numbers of certified charter schools authorized
to operate have been reached.
(c) No charter shall be granted under this Article that would convert any
existing private, parochial, or non-public school to a charter school.
(d) Enrollment in a charter school shall be open to any pupil who resides
within the geographic boundaries of the area served by the local school board, provided that the board of education in a city having a population exceeding 500,000 may designate attendance boundaries for no more than one-third of the charter schools permitted in the city if the board of education determines that attendance boundaries are needed to relieve overcrowding or to better serve low-income and at-risk students. Students residing within an attendance boundary may be given priority for enrollment, but must not be required to attend the charter school.
(e) Nothing in this Article shall prevent 2 or more local school boards from
jointly
issuing a charter to a single shared charter school, provided that all of the
provisions of this Article are met as to those local school boards.
(f) No local school board shall require any employee of the school district
to be employed in a charter school.
(g) No local school board shall require any pupil residing within the
geographic boundary of its district to enroll in a charter school.
(h) If there are more eligible applicants for enrollment in a charter school
than there are spaces available, successful applicants shall be selected by
lottery. However, priority shall be given to siblings of pupils enrolled in
the charter school and to pupils who were enrolled in the charter school the
previous school year, unless expelled for cause, and priority may be given to pupils residing within the charter school's attendance boundary, if a boundary has been designated by the board of education in a city having a population exceeding 500,000. Any lottery required under this subsection (h) must be administered and videotaped by the charter school. The authorizer or its designee must be allowed to be present or view the lottery in real time. The charter school must maintain a videotaped record of the lottery, including a time/date stamp. The charter school shall transmit copies of the videotape and all records relating to the lottery to the authorizer on or before September 1 of each year. Subject to the requirements for priority applicant groups set forth in paragraph (1) of this subsection (h), any lottery required under this subsection (h) must be administered in a way that provides each student an equal chance at admission. If an authorizer makes a determination that a charter school's lottery is in violation of this subsection (h), it may administer the lottery directly. After a lottery, each student randomly selected for admission to the charter school must be notified. Charter schools may not create an admissions process subsequent to a lottery that may operate as a barrier to registration or enrollment. Charter schools may undertake additional intake activities, including without limitation student essays, school-parent compacts, or open houses, but in no event may a charter school require participation in these activities as a condition of enrollment. A charter school must submit an updated waitlist to the authorizer on a quarterly basis. A waitlist must be submitted to the authorizer at the same time as quarterly financial statements, if quarterly financial statements are required by the authorizer. Dual enrollment at both a
charter school and a public school or non-public school shall not be allowed.
A pupil who is suspended or expelled from a charter school shall be deemed to
be suspended or expelled from the public schools of the school district in
which the pupil resides. Notwithstanding anything to the contrary in this subsection (h): (1) any charter school with a mission exclusive to | ||
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(2) any charter school located in a school district | ||
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(i) (Blank).
(j) Notwithstanding any other provision of law to the contrary, a
school district in a city having a population exceeding 500,000 shall not
have a duty to collectively bargain with an exclusive representative of its
employees over decisions to grant or deny a charter school proposal
under Section 27A-8 of this Code, decisions to renew or revoke a charter
under Section 27A-9 of this Code, and the impact of these decisions,
provided that nothing in this Section shall have the effect of negating,
abrogating, replacing, reducing, diminishing, or limiting in any way
employee rights, guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, 14, and 15 of the Illinois Educational Labor Relations Act.
(k) In this Section: "Low-performing school" means a public school in a school district organized under Article 34 of this Code that enrolls students in any of grades kindergarten through 8 and that is ranked within the lowest 10% of schools in that district in terms of the percentage of students meeting or exceeding standards on the assessments required under Section 2-3.64a-5 of this Code. "Overcrowded school" means a public school in a school district organized under Article 34 of this Code that (i) enrolls students in any of grades kindergarten through 8, (ii) has a percentage of low-income students of 70% or more, as identified in the most recently available School Report Card published by the State Board, and (iii) is determined by the Chicago Board of Education to be in the most severely overcrowded 5% of schools in the district. On or before November 1 of each year, the Chicago Board of Education shall file a report with the State Board on which schools in the district meet the definition of "overcrowded school". "Students at risk of dropping out" means students 16 or 15 years old in a public school in a district organized under Article 34 of this Code that enrolls students in any grades 9-12 who have been absent at least 90 school attendance days of the previous 180 school attendance days. (l) For advertisements created after January 1, 2015, any advertisement, including a radio, television, print, Internet, social media, or billboard advertisement, purchased by a school district or public school, including a charter school, with public funds must include a disclaimer stating that the advertisement was paid for using public funds. This disclaimer requirement does not extend to materials created by the charter school, including, but not limited to, a school website, informational pamphlets or leaflets, or clothing with affixed school logos. (Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-5)
(Text of Section from P.A. 103-154) (Text of Section before amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status.
Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3). (b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times. From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291), a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
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(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
| ||
(3) the Local Governmental and Governmental Employees | ||
| ||
(4) Section 108.75 of the General Not For Profit | ||
| ||
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
| ||
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
| ||
(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
| ||
(10) Section 2-3.162 of this Code regarding student | ||
| ||
(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
| ||
(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; and (32) Section 22-85.10 of this Code. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
or
after April 16, 2003 (the effective date of Public Act 93-3) and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency. (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.) (Text of Section after amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status.
Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3). (b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times. From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291), a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
| ||
(3) the Local Governmental and Governmental Employees | ||
| ||
(4) Section 108.75 of the General Not For Profit | ||
| ||
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
| ||
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
| ||
(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
| ||
(10) Section 2-3.162 of this Code regarding student | ||
| ||
(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (24) Article 26A of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
| ||
(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; and (32) Section 22-85.10 of this Code. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
or
after April 16, 2003 (the effective date of Public Act 93-3) and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency. (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)
(Text of Section from P.A. 103-175) (Text of Section before amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status. In
all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. This limitation does not apply to charter schools existing or approved on or before April 16, 2003. (b-5) (Blank).
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. A charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. The State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
| ||
(3) the Local Governmental and Governmental Employees | ||
| ||
(4) Section 108.75 of the General Not For Profit | ||
| ||
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
| ||
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
| ||
(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
| ||
(10) Section 2-3.162 of this Code regarding student | ||
| ||
(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
| ||
(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; and (32) Section 22-85.10 of this Code. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is authorized by the State Board, then the charter school is its own local education agency. (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-175, eff. 6-30-23.) (Text of Section after amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status. In
all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. This limitation does not apply to charter schools existing or approved on or before April 16, 2003. (b-5) (Blank).
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. A charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. The State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
| ||
(3) the Local Governmental and Governmental Employees | ||
| ||
(4) Section 108.75 of the General Not For Profit | ||
| ||
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
| ||
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
| ||
(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
| ||
(10) Section 2-3.162 of this Code regarding student | ||
| ||
(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (24) Article 26A of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
| ||
(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; and (32) Section 22-85.10 of this Code. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is authorized by the State Board, then the charter school is its own local education agency. (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-472) (Text of Section before amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status.
Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3). (b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times. From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291), a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
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(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
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(3) the Local Governmental and Governmental Employees | ||
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(4) Section 108.75 of the General Not For Profit | ||
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(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
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(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
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(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
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(10) Section 2-3.162 of this Code regarding student | ||
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(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
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(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code; (32) Section 22-85.10 of this Code; (33) Section 2-3.196 of this Code; (34) Section 22-95 of this Code; (35) Section 34-18.62 of this Code; and (36) the Illinois Human Rights Act. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
or
after April 16, 2003 (the effective date of Public Act 93-3) and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency. (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-472, eff. 8-1-24.) (Text of Section after amendment by P.A. 102-466) Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status.
Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3). (b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times. From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291), a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent. (c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs, including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. The contractor shall not be an employee of the charter school or affiliated with the charter school or its authorizer in any way, other than to audit the charter school's finances. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
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(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
| ||
(3) the Local Governmental and Governmental Employees | ||
| ||
(4) Section 108.75 of the General Not For Profit | ||
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(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and | ||
| ||
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school | ||
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(8) the P-20 Longitudinal Education Data System Act; (9) Section 27-23.7 of this Code regarding bullying | ||
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(10) Section 2-3.162 of this Code regarding student | ||
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(11) Sections 22-80 and 27-8.1 of this Code; (12) Sections 10-20.60 and 34-18.53 of this Code; (13) Sections 10-20.63 and 34-18.56 of this Code; (14) Sections 22-90 and 26-18 of this Code; (15) Section 22-30 of this Code; (16) Sections 24-12 and 34-85 of this Code; (17) the Seizure Smart School Act; (18) Section 2-3.64a-10 of this Code; (19) Sections 10-20.73 and 34-21.9 of this Code; (20) Section 10-22.25b of this Code; (21) Section 27-9.1a of this Code; (22) Section 27-9.1b of this Code; (23) Section 34-18.8 of this Code; (24) Article 26A of this Code; (25) Section 2-3.188 of this Code; (26) Section 22-85.5 of this Code; (27) subsections (d-10), (d-15), and (d-20) of | ||
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(28) Sections 10-20.83 and 34-18.78 of this Code; (29) Section 10-20.13 of this Code; (30) Section 28-19.2 of this Code; (31) Section 34-21.6 of this Code (32) Section 22-85.10 of this Code; (33) Section 2-3.196 of this Code; (34) Section 22-95 of this Code; (35) Section 34-18.62 of this Code; and (36) the Illinois Human Rights Act. The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law. (h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
or
after April 16, 2003 (the effective date of Public Act 93-3) and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency. (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-472, eff. 8-1-24.)
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(105 ILCS 5/27A-5.5) Sec. 27A-5.5. Charter school truancy. (a) A charter school shall comply with all applicable absenteeism and truancy policies and requirements applicable to public schools under the laws of the State of Illinois. (b) A charter school shall define a truant as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof. (c) A charter school shall define a chronic or habitual truant as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for 5% or more of the previous 180 regular attendance days. (d) A charter school shall define a truant minor as a chronic truant to whom supportive services, including prevention, diagnostic, intervention, and remedial services, alternative programs, and other school and community resources have been provided and have failed to result in the cessation of chronic truancy or have been offered and refused. (e) A charter school shall define a dropout as any child enrolled in grades 9 through 12 whose name has been removed from the charter school enrollment roster for any reason other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country.
(Source: P.A. 99-596, eff. 6-22-16.) |
(105 ILCS 5/27A-6)
(Text of Section from P.A. 103-175) Sec. 27A-6. Contract contents; applicability of laws and regulations.
(a) A certified charter shall constitute a binding contract and agreement
between
the charter school and a local school board under the terms of which the local
school board authorizes the governing body of the charter school to operate the
charter
school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article, the certified
charter
may
not waive or release the charter school from the State goals, standards, and
assessments established pursuant to Section 2-3.64a-5 of this Code. The
certified charter for a charter
school operating in a city having a population exceeding 500,000 shall
require the charter school to administer any other nationally recognized
standardized tests to its students that the chartering entity administers to
other
students, and the results on such tests shall be included in the
chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a material revision to a
previously certified contract or a renewal shall be made with
the approval of both the local school board and the governing body of the
charter school.
(c-5) The proposed contract shall include a provision on how both parties
will address minor violations of the contract.
(d) The proposed contract between the governing body of a proposed charter
school and the local school board as described in Section 27A-7 must be
submitted to and certified by the State Board before it can take effect. If
the State Board recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the modifications
must be consented to by both the governing body of
the charter school and the local school board, and resubmitted to the State
Board for its certification. If the proposed contract is resubmitted in a form
that is not consistent with this Article, the State
Board may refuse to certify the charter.
The State Board shall assign a number to each submission or resubmission in
chronological order of receipt, and shall determine whether the proposed
contract is consistent with the provisions of this Article. If the proposed
contract complies, the State Board shall so certify.
(e) No renewal of a previously certified contract is effective unless and until the State Board certifies that the renewal is consistent with the provisions of this Article. A material revision to a previously certified contract may go into effect immediately upon approval of both the local school board and the governing body of the charter school, unless either party requests in writing that the State Board certify that the material revision is consistent with the provisions of this Article. If such a request is made, the proposed material revision is not effective unless and until the State Board so certifies.
(Source: P.A. 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-416) Sec. 27A-6. Contract contents; applicability of laws and regulations.
(a) A certified charter shall constitute a binding contract and agreement
between
the charter school and a local school board under the terms of which the local
school board authorizes the governing body of the charter school to operate the
charter
school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article, the certified
charter
may
not waive or release the charter school from the State goals, standards, and
assessments established pursuant to Section 2-3.64a-5 of this Code.
Beginning with the 2003-2004 school year, the certified charter for a charter
school operating in a city having a population exceeding 500,000 shall
require the charter school to administer any other nationally recognized
standardized tests to its students that the chartering entity administers to
other
students, and the results on such tests shall be included in the
chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a material revision to a
previously certified contract or a renewal shall be made with
the approval of both the local school board and the governing body of the
charter school.
(c-5) The proposed contract shall include a provision on how both parties
will address minor violations of the contract.
(c-10) After the effective date of this amendatory Act of the 103rd General Assembly, any renewal of a certified charter must include a union neutrality clause. (d) The proposed contract between the governing body of a proposed charter
school and the local school board as described in Section 27A-7 must be
submitted to and certified by the State Board before it can take effect. If
the State Board recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the modifications
must be consented to by both the governing body of
the charter school and the local school board, and resubmitted to the State
Board for its certification. If the proposed contract is resubmitted in a form
that is not consistent with this Article, the State
Board may refuse to certify the charter.
The State Board shall assign a number to each submission or resubmission in
chronological order of receipt, and shall determine whether the proposed
contract is consistent with the provisions of this Article. If the proposed
contract complies, the State Board shall so certify.
(e) No renewal of a previously certified contract is effective unless and until the State Board certifies that the renewal is consistent with the provisions of this Article. A material revision to a previously certified contract may go into effect immediately upon approval of both the local school board and the governing body of the charter school, unless either party requests in writing that the State Board certify that the material revision is consistent with the provisions of this Article. If such a request is made, the proposed material revision is not effective unless and until the State Board so certifies.
(Source: P.A. 103-416, eff. 8-4-23.)
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(105 ILCS 5/27A-6.5)
Sec. 27A-6.5. Charter school referendum.
(a) No charter shall go into effect under this Section that would convert any
existing private, parochial, or non-public school to a charter school or whose
proposal has not been
certified by the State Board.
(b) A local school board shall, whenever petitioned to do so by 5% or more
of
the
voters of a school district or districts identified in a charter school
proposal, order submitted to the voters thereof at a
regularly scheduled
election the question of whether a new charter school shall be established,
which
proposal
has been found by the State Board to be in compliance with the
provisions of this Article,
and the secretary shall certify the proposition to the proper election
authorities
for submission in accordance with the general election law. The proposition
shall be in
substantially the following form:
"FOR the establishment of (name of proposed charter | ||
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AGAINST the establishment of (name of proposed | ||
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(c) Before circulating a petition to submit the question of whether to
establish a charter school to the voters under subsection (b) of this Section,
the governing body of a
proposed charter
school
that desires to establish a
new charter
school by referendum shall submit the charter school proposal to
the State Board
in the form of a proposed contract to be entered into
between the State Board
and the governing body of the proposed charter school, together with written notice of the intent to have
a new charter school established by referendum.
The contract shall comply with the provisions of this Article.
If the State Board finds that the proposed contract complies with the
provisions
of this Article, it
shall
immediately
direct the
local school board to notify the proper
election authorities that the question of whether to establish a new charter
school
shall be submitted for referendum.
(d) If the State Board finds that the proposal fails to comply with the
provisions of this Article, it shall provide
written explanation, detailing its reasons for refusal, to the local school
board and
to the individuals or organizations submitting the proposal. The State Board shall also notify the local school board and the individuals or
organizations submitting the proposal that the proposal may be amended and
resubmitted under the same provisions required for an original submission.
(e) If a majority of the votes cast upon the proposition in each school
district designated in the charter school proposal is in favor of
establishing
a charter school, the local school board shall notify the State Board of
the
passage of
the proposition in favor of establishing a charter school and the State Board
shall approve the charter within 7 days
after
the State Board of Elections has certified that a
majority
of the votes cast upon the proposition is in favor of establishing a charter
school. The State Board shall be the chartering entity for charter
schools established by referendum under this Section. (f) (Blank).
(Source: P.A. 101-543, eff. 8-23-19.)
|
(105 ILCS 5/27A-7)
(Text of Section from P.A. 103-175) Sec. 27A-7. Charter submission.
(a) A proposal to establish a charter school shall be submitted to the local school board and the State Board for certification under Section 27A-6 of this Code in the form of a proposed contract
entered
into between the local school board and the governing body of a proposed
charter school. The
charter school proposal shall include:
(1) The name of the proposed charter school, which | ||
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(2) The age or grade range, areas of focus, minimum | ||
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(3) A description of and address for the physical | ||
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(4) The mission statement of the charter school, | ||
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(5) The goals, objectives, and pupil performance | ||
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(6) In the case of a proposal to establish a charter | ||
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(7) A description of the charter school's educational | ||
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(8) A description of the charter school's plan for | ||
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(9) Evidence that the terms of the charter as | ||
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(10) A description of the governance and operation of | ||
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(11) An explanation of the relationship that will | ||
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(12) An agreement between the parties regarding their | ||
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(13) A description of how the charter school plans to | ||
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(14) The proposed effective date and term of the | ||
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(14.5) Disclosure of any known active civil or | ||
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(15) Any other information reasonably required by the | ||
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(b) A proposal to establish a charter school may be initiated by individuals
or organizations that will have
majority representation on the board of directors or other governing body of
the corporation or other discrete legal entity that is to be established to
operate the proposed charter school, by a board of education or an
intergovernmental agreement between or among boards of education, or by the
board of directors or other
governing body of a discrete legal entity already existing or established to
operate the proposed
charter school. The individuals or organizations referred to in this
subsection may be school teachers, school administrators, local school
councils, colleges or
universities or their faculty
members, public community colleges or their instructors or other
representatives, corporations, or other entities or their
representatives. The proposal shall be
submitted to the local school board for consideration and, if
appropriate, for
development of a proposed contract to be submitted to the State Board for
certification under
Section 27A-6.
(c) The local school board may not without the consent of the governing body
of the charter school condition its approval of a charter school proposal on
acceptance of an agreement to operate under State laws and regulations and
local school board policies from which the charter school is otherwise exempted
under this Article.
(Source: P.A. 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-416) Sec. 27A-7. Charter submission.
(a) A proposal to establish a charter school shall be submitted to the local school board and the State Board for certification under Section 27A-6 of this Code in the form of a proposed contract
entered
into between the local school board and the governing body of a proposed
charter school. The
charter school proposal shall include:
(1) The name of the proposed charter school, which | ||
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(2) The age or grade range, areas of focus, minimum | ||
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(3) A description of and address for the physical | ||
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(4) The mission statement of the charter school, | ||
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(5) The goals, objectives, and pupil performance | ||
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(6) In the case of a proposal to establish a charter | ||
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(7) A description of the charter school's educational | ||
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(8) A description of the charter school's plan for | ||
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(9) Evidence that the terms of the charter as | ||
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(10) A description of the governance and operation of | ||
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(11) An explanation of the relationship that will | ||
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(12) An agreement between the parties regarding their | ||
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(13) A description of how the charter school plans to | ||
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(14) The proposed effective date and term of the | ||
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(14.5) Disclosure of any known active civil or | ||
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(14.7) A union neutrality clause. (15) Any other information reasonably required by the | ||
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(b) A proposal to establish a charter school may be initiated by individuals
or organizations that will have
majority representation on the board of directors or other governing body of
the corporation or other discrete legal entity that is to be established to
operate the proposed charter school, by a board of education or an
intergovernmental agreement between or among boards of education, or by the
board of directors or other
governing body of a discrete legal entity already existing or established to
operate the proposed
charter school. The individuals or organizations referred to in this
subsection may be school teachers, school administrators, local school
councils, colleges or
universities or their faculty
members, public community colleges or their instructors or other
representatives, corporations, or other entities or their
representatives. The proposal shall be
submitted to the local school board for consideration and, if
appropriate, for
development of a proposed contract to be submitted to the State Board for
certification under
Section 27A-6.
(c) The local school board may not without the consent of the governing body
of the charter school condition its approval of a charter school proposal on
acceptance of an agreement to operate under State laws and regulations and
local school board policies from which the charter school is otherwise exempted
under this Article.
(Source: P.A. 103-416, eff. 8-4-23.)
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(105 ILCS 5/27A-7.5) Sec. 27A-7.5. State Charter School Commission; abolition and transfer to State Board; fee. (a) (Blank). (a-5) (Blank). (b) (Blank). (c) (Blank). (d) (Blank). (e) (Blank). (f) (Blank). (g) (Blank). (g-5) (Blank). (h) (Blank). (i) (Blank). (j) The State Board may charge a charter school that it authorizes a fee not to exceed 3% of the revenue provided to the school to be used exclusively for covering the cost of authorizing activities. Authorizing activities may include, but are not limited to: (i) soliciting, reviewing, and taking action on charter school proposals; (ii) hiring, training, and supervising staff engaged in authorizing activities; (iii) developing and conducting oversight, including regular monitoring, of authorized charter schools; (iv) reporting on best practices and performances of charter schools; (v) applying for, managing, and distributing grants and funds appropriated for charter schools and authorizing activities; (vi) training members of the State Board on their authorizing roles; and (vii) training other employees of the State Board on how to work with charter schools as their own local education agencies. (k) On July 1, 2020, the State Charter School Commission or "Commission" (established by Public Act 97-152 as an independent State agency with statewide chartering jurisdiction and authority) is abolished and the terms of all members end. On that date, all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission are transferred to the State Board. For purposes of the Successor Agency Act and Section 9b of the State Finance Act, the State Board is declared to be the successor agency of the Commission. Beginning on July 1, 2020, references in statutes, rules, forms, and other documents to the Commission shall, in appropriate contexts, be deemed to refer to the State Board. Standards and procedures of the Commission in effect on July 1, 2020 shall be deemed standards and procedures of the State Board and shall remain in effect until amended or repealed by the State Board. On July 1, 2020, any charter school authorized by the Commission prior to July 1, 2020 shall have its authorization transferred to the State Board, which shall then become the school's authorizer for all purposes under this Article. On July 1, 2020, all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission as the school's authorizer must be transferred to the State Board. At the end of its charter term, a charter school may reapply to the board or boards for authorization. On July 1, 2020, all rules of the State Board applicable to matters falling within the responsibility of the Commission shall be applicable to the actions of the State Board. (l) In any appeal filed with the State Board under this Article, both the applicant and the authorizing school district of the charter school shall have the right to request a hearing before the State Board. If more than one entity requests a hearing, then the State Board may hold only one hearing, wherein the applicant and the school district shall have an equal opportunity to present their respective positions.
(Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/27A-7.10) Sec. 27A-7.10. Authorizer powers and duties; immunity; principles and standards. (a) Authorizers are responsible for executing, in accordance with this Article, all of the following powers and duties: (1) Soliciting and evaluating charter applications. (2) Approving quality charter applications that meet | ||
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(3) Declining to approve weak or inadequate charter | ||
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(4) Negotiating and executing sound charter contracts | ||
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(5) Monitoring, in accordance with charter contract | ||
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(6) Determining whether each charter contract merits | ||
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(b) An authorizing entity may delegate its duties to officers, employees, and contractors. (c) Regulation by authorizers is limited to the powers and duties set forth in subsection (a) of this Section and must be consistent with the spirit and intent of this Article. (d) An authorizing entity, members of the local school board, the State Board, in its official capacity, and employees of an authorizer are immune from civil and criminal liability with respect to all activities related to a charter school that they authorize, except for willful or wanton misconduct. (e) The State Board and all local school boards that have a charter school operating are required to develop and maintain chartering policies and practices consistent with recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including all of the following: (1) Organizational capacity and infrastructure. (2) Soliciting and evaluating charter applications | ||
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(3) Performance contracting. (4) Ongoing charter school oversight and evaluation. (5) Charter renewal decision-making. Authorizers shall carry out all their duties under this Article in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this Article.
(Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/27A-8)
Sec. 27A-8. Evaluation of charter proposals.
(a) This Section does not apply to a charter school established by
referendum under
Section 27A-6.5.
In evaluating any charter
school proposal submitted to it, the local school board shall give preference
to proposals that:
(1) demonstrate a high level of local pupil, | ||
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(2) set rigorous levels of expected pupil achievement | ||
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(3) are designed to enroll and serve a substantial | ||
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(b) In the case of a proposal to establish a charter school by converting an
existing public school or attendance center to charter school status, evidence
that the proposed formation of the charter school has received majority support
from certified teachers and from parents and guardians in the school or
attendance center affected by the proposed charter, and, if applicable, from a
local school council, shall be demonstrated by a petition in support of the
charter school signed by certified teachers and a petition in support of the
charter school signed by parents and guardians and, if applicable, by a vote of
the local school council held at a public meeting. In the case of all other
proposals to establish a charter school, evidence of sufficient support to fill
the number of pupil seats set forth in the proposal may be
demonstrated by a
petition in support of the charter school signed by parents and guardians of
students eligible to attend the charter school.
In all cases, the individuals, organizations, or entities who initiate
the proposal to establish a charter school may elect, in lieu of including any
petition referred to in this subsection as a part of the proposal submitted to
the local school board, to demonstrate that the charter school has
received the support referred to in this subsection by other evidence and
information presented at the public meeting that the local school board is
required to convene under this Section.
(c) Within 45 days of receipt of a charter school proposal, the local school
board shall convene a public meeting to obtain information to assist the board
in its decision to grant or deny the charter school proposal. A local school board may develop its own process for receiving charter school proposals on an annual basis that follows the same timeframes as set forth in this Article. Final decisions of a local school board are subject to judicial review under the Administrative Review Law.
(d) Notice of the public meeting required by this Section shall be published
in a community newspaper published in the school district in which the proposed
charter is located and, if there is no such newspaper, then in a newspaper
published in the county and having circulation in the school district. The
notices shall be published not more than 10 days nor less than 5 days before
the meeting and shall state that information regarding a charter school
proposal will be heard at the meeting. Copies of the notice shall also be
posted at appropriate locations in the school or attendance center proposed to
be established as a charter school, the public schools in the school district,
and the local school board office.
(e) Within 30 days of the public meeting, the local school board shall vote,
in a public meeting, to either grant or deny the charter school proposal.
(f) Within 7 days of the public meeting required under subsection (e) of this Section, the
local school board shall file a report with the State Board
granting or denying the proposal.
If the local school board has approved the proposal, within 30 days of receipt of the local school board's
report, the State Board shall determine whether the approved charter
proposal is consistent with the
provisions of this Article and, if the approved proposal
complies,
certify the proposal pursuant to Section 27A-6.
(g) (Blank). (h) (Blank). (i) (Blank). (Source: P.A. 101-543, eff. 8-23-19.)
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(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) An initial charter shall be granted for a period of 5
school years. A charter may be renewed in incremental periods not to exceed 10 school years. Authorizers shall ensure that every charter granted on or after January 1, 2017 includes standards and goals for academic, organizational, and financial performance. A charter must meet all standards and goals for academic, organizational, and financial performance set forth by the authorizer in order to be renewed for a term in excess of 5 years but not more than 10 years. If an authorizer fails to establish standards and goals, a charter shall not be renewed for a term in excess of 5 years. Nothing contained in this Section shall require an authorizer to grant a full 10-year renewal term to any particular charter school, but an authorizer may award a full 10-year renewal term to charter schools that have a demonstrated track record of improving student performance.
(b) A charter school renewal proposal submitted to the
local school board or the State Board, as the chartering entity,
shall contain:
(1) a report on the progress of the charter school in | ||
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(2) a financial statement that discloses the costs of | ||
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(c) A charter may be revoked
or not renewed if the local school board or the State Board, as the chartering
entity,
clearly demonstrates that the
charter school did any of the
following, or otherwise failed to comply with the requirements of this law:
(1) Committed a material violation of any of the | ||
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(2) Failed to meet or make reasonable progress toward | ||
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(3) Failed to meet generally accepted standards of | ||
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(4) Violated any provision of law from which the | ||
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In the case of revocation, the local school board or the State Board, as the chartering entity, shall notify the charter school in writing of the reason why the charter is subject to revocation. The charter school shall submit a written plan to the local school board or the State Board, whichever is applicable, to rectify the problem. The plan shall include a timeline for implementation, which shall not exceed 2 years or the date of the charter's expiration, whichever is earlier. If the local school board or the State Board, as the chartering entity, finds that the charter school has failed to implement the plan of remediation and adhere to the timeline, then the chartering entity shall revoke the charter. Except in situations of an emergency where the health, safety, or education of the charter school's students is at risk, the revocation shall take place at the end of a school year. Nothing in this Section shall be construed to prohibit an implementation timetable that is less than 2 years in duration. No local school board may arbitrarily or capriciously revoke or not renew a charter. Except for extenuating circumstances outlined in this Section, if a local school board revokes or does not renew a charter, it must ensure that all students currently enrolled in the charter school are placed in schools that are higher performing than that charter school, as defined in the State's federal Every Student Succeeds Act accountability plan. In determining whether extenuating circumstances exist, a local school board must detail, by clear and convincing evidence, that factors unrelated to the charter school's accountability designation outweigh the charter school's academic performance. (d) (Blank).
(e) Notice of a local school board's decision to
deny, revoke, or not
renew a charter shall be provided to the State Board.
The State Board may reverse a local board's decision to revoke or not renew a charter if the State Board finds
that the charter school or charter school proposal (i) is in compliance with
this Article and (ii) is in the best interests of the students it is designed
to serve.
The State Board may condition the granting of an appeal on the acceptance by
the charter school of funding in an amount less than that requested in the
proposal submitted to the local school board.
The State Board must appoint and utilize a hearing officer for any appeals conducted under this subsection. Final decisions of the State Board are subject
to judicial review under the Administrative Review Law.
(f) Notwithstanding other provisions of this Article, if the State Board
on appeal reverses a local board's decision
or if a charter school is
approved by referendum,
the State Board
shall act as the
authorized chartering entity for the charter school and shall perform all functions
under this
Article otherwise performed by the local school
board. The State Board shall
report the aggregate number of charter school pupils resident in a school
district to that district
and shall notify the district
of the amount of
funding to be paid by the State Board to the charter school enrolling such
students. The charter school shall maintain accurate records of daily attendance and student enrollment and shall enter data on the students served, their characteristics, their particular needs, the programs in which they participate, and their academic achievement into the statewide student information system established by the State Board.
The State Board shall withhold from funds otherwise due the district
the funds authorized by this Article to be paid to the charter school and shall
pay such amounts to the charter school in quarterly installments, calculated as follows:
(1) The amount of the first quarterly payment shall | ||
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(2) The amount of the second quarterly payment shall | ||
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(3) The amount of the third quarterly payment shall | ||
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(4) The amount of the fourth quarterly payment shall | ||
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(g) (Blank). (h) The State Board shall pay directly to a charter school it authorizes any federal or State funding attributable to a student with a disability attending the school. (Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-10)
Sec. 27A-10. Employees.
(a) A person shall be deemed to be employed by a charter school unless a
collective bargaining agreement or the charter school
contract otherwise provides.
(b) In all school districts, including special charter districts and
districts located in
cities having a population exceeding 500,000, the local school board shall
determine by policy or by negotiated
agreement, if one exists, the employment status of any school district
employees who are employed by a charter school and who seek to return to
employment in the public
schools of the district. Each local school board shall grant, for a period of
up to 5 years, a leave of absence to those of its teachers who accept
employment with a charter school. At the end of the authorized leave of
absence, the teacher must return to the school district or resign; provided that if the teacher chooses to return to the school district, the
teacher must be assigned to a position that requires the teacher's licensure
and legal qualifications. The
contractual
continued service status and retirement benefits of a
teacher of the district who is granted a leave of absence to accept employment
with a charter school shall not be affected by that leave of absence.
(c) Charter schools shall employ in instructional positions, as defined in
the charter, individuals who are licensed under Article 21B of this
Code or who possess the following qualifications:
(i) graduated with a bachelor's degree from an | ||
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(ii) been employed for a period of at least 5 years | ||
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(iii) passed a content area knowledge test required | ||
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(iv) demonstrate continuing evidence of professional | ||
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(c-5) Charter schools employing individuals without licensure in
instructional positions shall provide such mentoring, training, and staff
development for those individuals as the charter schools determine necessary
for satisfactory performance in the classroom.
(c-10) At least 75% of the individuals employed in instructional positions by the charter school shall hold teaching licenses issued under Article 21B of this Code. Charter schools may employ non-licensed staff in all other positions. (c-15) Charter schools are
exempt from any annual cap on new
participants in an alternative educator licensure program. The second
and third phases of the program may
be conducted and completed at the charter school, and the
alternative provisional educator endorsement is valid for 4 years or the length
of the charter (or any extension of the charter), whichever is longer.
(d) A teacher at a charter school may resign his or her position only if
the teacher gives notice of resignation to the charter school's governing body
at least 60 days before the end of the school term, and the resignation must
take effect immediately upon the end of the school term.
(Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-10.5) Sec. 27A-10.5. Educational or charter management organization. (a) In this Section: "CMO" means a charter management organization. "EMO" means an educational management organization. (b) All authorizers shall ensure that any charter school established on or after January 1, 2015 has a governing body that is separate and distinct from the governing body of any CMO or EMO. In reviewing charter applications and charter renewal applications, authorizers shall review the governance model proposed by the applicant to ensure that there are no conflicts of interest. (c) No charter school may employ a staff person who is simultaneously employed by an EMO or CMO.
(Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/27A-10.10) Sec. 27A-10.10. Closure of charter school; unspent public funds; procedures for the disposition of property and assets. (a) Upon the closing of a charter school authorized by one or more local school boards, the governing body of the charter school or its designee shall refund to the chartering entity or entities all unspent public funds. The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract. If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset. Any unspent public funds or other property or assets received by the charter school directly from any State or federal agency shall be refunded to or revert back to that State or federal agency, respectively. (b) Upon the closing of a charter school authorized by the State Board, the governing body of the charter school or its designee shall refund all unspent public funds to the State Board. The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract. If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws its enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset. Any unspent public funds or other property or assets provided by a State agency other than the State Board or by a federal agency shall be refunded to or revert back to that State or federal agency, respectively.
(c) If a determination is made to close a charter school located within the boundaries of a school district organized under Article 34 of this Code for at least one school year, the charter school shall give at least 60 days' notice of the closure to all affected students and parents or legal guardians. (Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/27A-11)
Sec. 27A-11. Local financing.
(a) For purposes of the School Code, pupils enrolled in a charter school
shall be included in the pupil enrollment of the school district within which
the
pupil resides. Each charter school (i) shall determine the school district in
which each pupil who is enrolled in the charter school resides,
(ii) shall
report the aggregate number of pupils resident of a school district who are
enrolled in the charter school to the school district in which those pupils
reside, and (iii) shall maintain accurate records of daily attendance that
shall be deemed sufficient to file claims under Section 18-8.15 notwithstanding
any other requirements of that Section regarding hours of instruction and
teacher licensure.
(b) Except for a charter school established by referendum under Section
27A-6.5, as part of a charter school contract, the charter school and the
local
school board shall agree on funding and any services to be provided by the
school district to the charter school.
Agreed funding that a charter school is to receive from the local school
board for a school year shall be paid in
equal quarterly installments with the payment of the
installment for the first quarter being made not later than July 1, unless the
charter establishes a different payment schedule. However, if a charter school dismisses a pupil from the charter school after receiving a quarterly payment, the charter school shall return to the school district, on a quarterly basis, the prorated portion of public funding provided for the education of that pupil for the time the student is not enrolled at the charter school. Likewise, if a pupil transfers to a charter school between quarterly payments, the school district shall provide, on a quarterly basis, a prorated portion of the public funding to the charter school to provide for the education of that pupil.
All services centrally or otherwise provided by the school district
including, but not limited to, rent, food services, custodial services,
maintenance,
curriculum, media services, libraries, transportation, and warehousing shall be
subject to
negotiation between a charter school and the local school board and paid
for out
of the revenues negotiated pursuant to this subsection (b); provided that the
local school board shall not attempt, by negotiation or otherwise, to obligate
a charter school to provide pupil transportation for pupils for whom a district
is not required to provide transportation under the criteria set forth in
subsection (a)(13) of Section 27A-7.
In no event shall the funding be less than 97% or more than 103%
of the
school district's per capita student tuition multiplied by
the
number of students residing in the district who are enrolled in the charter
school.
It is the intent of the General Assembly that funding and service agreements
under this subsection (b) shall be neither a financial incentive nor a
financial disincentive to the establishment of a charter school.
The charter school may set and collect reasonable fees. Fees collected
from students enrolled at a charter school shall be retained
by the charter school.
(c) Notwithstanding subsection (b) of this Section, the proportionate share
of State and federal resources generated by students with disabilities or staff
serving them shall be directed to charter schools enrolling those students by
their school districts or administrative units. The proportionate share of
moneys generated under other federal or State categorical aid programs shall be
directed to charter schools serving students eligible for that aid.
(d) The governing body of a charter school is authorized to accept
gifts,
donations, or grants of any kind made to the charter school and to expend or
use gifts, donations, or grants in accordance with the conditions prescribed by
the donor; however, a gift, donation, or grant may not be accepted by the
governing body if it is subject to any condition contrary to applicable law or
contrary
to the terms of the contract between the charter school and the local school
board. Charter schools shall be encouraged to solicit and utilize community
volunteer speakers and other instructional resources when providing instruction
on the Holocaust and other historical events.
(e) (Blank).
(f) (Blank).
(g) At the non-renewal or revocation of its charter, each
charter school
shall refund to the local board of education all unspent funds.
(h) A charter school is authorized to incur temporary, short
term debt to
pay operating expenses in anticipation of receipt of funds from the local
school board.
(Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-11.5) Sec. 27A-11.5. State financing. The State Board shall make
the following funds available to school districts and charter schools: (1) From a separate appropriation made to the State | ||
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(2) From a separate appropriation made for the | ||
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(3) The Charter Schools Revolving Loan Fund is | ||
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(4) A charter school may apply for and receive, | ||
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If a charter school fails to make payments toward administrative costs, the State Board may withhold State funds from that school until it has made all payments for those costs. (Source: P.A. 103-175, eff. 6-30-23.) |
(105 ILCS 5/27A-12)
Sec. 27A-12. Evaluation; report. On or before September 30 of every odd-numbered year, all local school boards with at least one charter school shall submit to the State Board any information required by the State Board pursuant to applicable rule. On or before the second Wednesday in January of every even-numbered year, the State Board shall issue a report to the General Assembly and the Governor on its findings for the previous 2 school years. The State Board's report shall summarize all of the following: (1) The authorizer's strategic vision for chartering | ||
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(2) The academic and financial performance of all | ||
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(3) The status of the authorizer's charter school | ||
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(4) The authorizing functions provided by the | ||
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Further, in the report required by this Section, the State
Board (i) shall
compare the performance of charter school pupils with the performance of
ethnically and economically comparable groups of pupils in other public schools
who are enrolled in academically comparable courses,
(ii) shall review information regarding the regulations and policies from
which
charter schools were released to determine if the exemptions assisted or
impeded
the charter schools in meeting their stated goals and objectives, and (iii)
shall
include suggested changes in State law necessary to strengthen charter schools.
In addition, the State Board shall undertake and report on periodic
evaluations of charter schools that include evaluations of student academic
achievement, the extent to which charter schools are accomplishing their
missions
and goals, the sufficiency of funding for charter schools, and the need for
changes in the approval process for charter schools.
Based on the information that the State Board receives from authorizers and the State Board's ongoing monitoring of both charter schools and authorizers, the State Board has the power to remove the power to authorize from any authorizer in this State if the authorizer does not demonstrate a commitment to high-quality authorization practices and, if necessary, revoke the chronically low-performing charters authorized by the authorizer at the time of the removal. The State Board shall adopt rules as needed to carry out this power, including provisions to determine the status of schools authorized by an authorizer whose authorizing power is revoked. (Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-13)
Sec. 27A-13. Rules. The State Board is authorized to adopt
any rules not inconsistent with this Article that it deems necessary to
implement and accomplish the purposes and provisions of this Article.
(Source: P.A. 103-175, eff. 6-30-23.)
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(105 ILCS 5/27A-14) Sec. 27A-14. (Repealed).
(Source: P.A. 96-105, eff. 7-30-09. Repealed internally, eff. 1-10-10.) |
(105 ILCS 5/Art. 28 heading) ARTICLE 28.
INSTRUCTIONAL MATERIALS
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(105 ILCS 5/28-1) (from Ch. 122, par. 28-1)
Sec. 28-1. Copies and prices filed - Bond. No publisher or retail dealer shall offer any school instructional materials for
adoption, sale, or exchange in the State until it has complied with the
following conditions:
1. The publisher or retail dealer shall publish on | ||
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2. The publisher or retail dealer shall obtain a | ||
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(a) That the publisher or retail dealer will | ||
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(b) That the publisher or retail dealer will | ||
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(c) The publisher or retail dealer shall not | ||
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(Source: P.A. 101-17, eff. 6-14-19.)
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(105 ILCS 5/28-2) (from Ch. 122, par. 28-2)
Sec. 28-2.
Approval of bond-Duration.
The bond required by Section 28-1 shall be approved by the Attorney
General and shall continue in force for 5 years after its filing, at or
before the expiration of which period a new bond shall be given or the
right to continue business within the State shall be forfeited.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/28-3)
Sec. 28-3. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/28-4) (from Ch. 122, par. 28-4)
Sec. 28-4. Notice of violations - Proceedings for forfeiture of bond. The school board of each district wherein the instructional materials
listed under the provisions of this Article have been adopted shall
notify the State Board of Education
of any violation of any
of the conditions contained in said bond. The State Board of Education may
thereupon notify the person
guilty of the violation
and if such person disregards the notification and fails to comply with
the requirements of the contract, the State Board of Education may
institute legal proceedings for the forfeiture of the
bond.
(Source: P.A. 101-17, eff. 6-14-19.)
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(105 ILCS 5/28-5) (from Ch. 122, par. 28-5)
Sec. 28-5.
Inducement to teacher or officer forbidden.
No person shall secure or attempt to secure the sale of any school
instructional materials in any school district by rewarding or promising to
reward any teacher or by securing for him any position in any other school.
No person shall offer to give any emolument, money or other valuable thing,
promise of work or any other inducement to any teacher or school officer
for any vote or promise of vote or for the use of his influence for any
school instructional materials to be used in this State.
This section does not prevent any person from submitting, or any school
officer or teacher from receiving, a reasonable number of copies of printed
instructional materials for examination with a view to obtaining
information as to the book or series of books for which such officer shall
give his vote.
(Source: P.A. 77-2180.)
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(105 ILCS 5/28-6)
Sec. 28-6. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/28-7) (from Ch. 122, par. 28-7)
Sec. 28-7. Retail prices of books. It is unlawful for any retail dealer in textbooks to sell any books
listed on the sworn statement published on the retail dealer's website at a price to
exceed a 15% advance on the net prices as so listed.
(Source: P.A. 101-17, eff. 6-14-19.)
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(105 ILCS 5/28-8) (from Ch. 122, par. 28-8) Sec. 28-8. Purchase by districts for resale at cost. School districts may purchase textbooks and electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the
prices listed on the sworn statement published on the retail dealer's website and sell
them to the pupils at the listed prices or at such prices as will
include the cost of transportation and handling.(Source: P.A. 101-17, eff. 6-14-19.) |
(105 ILCS 5/28-9) (from Ch. 122, par. 28-9) Sec. 28-9. Purchase by districts - Designation of agent for sale. School districts may purchase out of contingent funds school
textbooks or electronic textbooks, instructional materials, and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the prices listed on the sworn statement published on the retail dealer's website and
may designate a retail dealer
or dealers to act as the agent of the district in selling them to
pupils. Such dealers shall at stated times make settlement with the
district for books sold. Such dealers shall not sell textbooks at prices
which exceed a 10% advance on the net prices as listed on the sworn statement.(Source: P.A. 101-17, eff. 6-14-19.) |
(105 ILCS 5/28-10)
Sec. 28-10. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/28-11) (from Ch. 122, par. 28-11)
Sec. 28-11.
Penalties.
Any dealer who violates the provisions of Sections 28--7 or 28--9 shall
be guilty of a petty offense and shall be fined not less than $25 nor more
than $100.
Whoever violates any of the provisions of the foregoing sections of this
Article, except those of Sections 28--7 and 28--9, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/28-12)
Sec. 28-12. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/28-13) (from Ch. 122, par. 28-13)
Sec. 28-13.
Districts adopting provisions for free textbooks.
The foregoing sections of this Article do not apply to school boards and
school districts that have adopted the subsequent provisions of this
Article.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/28-14) (from Ch. 122, par. 28-14)
Sec. 28-14. Free textbooks - Referendum - Ballot. Any school board may, and whenever petitioned so to do by 5% or more
of the voters of such district shall order submitted to the
voters thereof at a regular scheduled
election the question of
furnishing free school textbooks or electronic textbooks for the use of pupils attending the
public schools of the district, and the secretary shall certify the proposition
to the proper election authorities for submission in accordance with the
general election law. The proposition shall be in substantially the following form:
FOR furnishing free textbooks or electronic textbooks in the public schools. AGAINST furnishing free textbooks or electronic textbooksin the public schools.
If a majority of the votes cast upon the proposition
is in favor of furnishing free textbooks or electronic textbooks, the governing body shall
provide, furnish and sell them as provided in Section 28-15, but no
such books shall be sold until at least 1 year after the election. The
furnishing of free textbooks or electronic textbooks when so adopted shall not be discontinued
within 4 years, and thereafter only by a vote of the voters of the
district upon the same conditions and in substantially the same manner
as the vote for the adoption of free textbooks or electronic textbooks. No textbook or electronic textbook furnished
under the provisions of this Article shall contain any denominational or
sectarian matter.
(Source: P.A. 96-1403, eff. 7-29-10.)
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(105 ILCS 5/28-15) (from Ch. 122, par. 28-15) Sec. 28-15. Textbooks provided and loaned to pupils-Sale to pupils. The governing body of every school district having voted in favor of
furnishing free textbooks or electronic textbooks under the provisions of Sections 28-14 through
28-19 shall provide, at the expense of the district, textbooks or electronic textbooks for use in
the public schools and loan them free to the pupils. Textbooks so furnished
shall remain the property of the school district. The governing body shall
also provide for the sale of such textbooks or electronic textbooks at cost to pupils of the
schools in the district wishing to purchase them for their own use.(Source: P.A. 96-1403, eff. 7-29-10.) |
(105 ILCS 5/28-16)
Sec. 28-16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/28-17)
Sec. 28-17. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
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(105 ILCS 5/28-18) (from Ch. 122, par. 28-18)
Sec. 28-18.
Boards may jointly carry out law.
School boards of two or more districts may jointly carry out the
provisions of Sections 28-14 through 28-19.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/28-19) (from Ch. 122, par. 28-19)
Sec. 28-19.
Penalty for demanding or receiving money, promise or thing of value.
Whoever directly or indirectly, demands or receives any money, promise
or thing of value from any pupil, parent, guardian or caretaker of a pupil
for any book provided in this Article, except as provided in Section 28-15
shall be guilty of a Class B misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/28-19.1) (from Ch. 122, par. 28-19.1)
Sec. 28-19.1.
Any member of the public may inspect all text and instructional
material used in the public schools.
(Source: P.A. 81-625.)
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(105 ILCS 5/28-19.2) (from Ch. 122, par. 28-19.2)
Sec. 28-19.2.
(a) No discrimination or punishment of any kind, including, but not limited to: the lowering of grades, exclusion from classes, or withholding of student records, transcripts or diplomas may be exercised against
a student because the student's parents or guardians are unable to purchase required textbooks
or instructional materials or to pay required fees.
(b) Any person who violates this Section is guilty of a petty offense.
(Source: P.A. 102-805, eff. 1-1-23.)
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(105 ILCS 5/28-19.5) Sec. 28-19.5. Funding for electronic format of textbooks. Notwithstanding any other provision of law, a school district may use funding received pursuant to this Code to purchase textbooks or instructional materials in an electronic format or hard-bound format and the technological equipment necessary to gain access to and use electronic textbooks or instructional materials if both of the following conditions are met: (1) It can ensure that each pupil will be provided | ||
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(2) It will assist the pupil in comprehending the | ||
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Providing access to the materials at school and at home does not require the school district to purchase 2 sets of materials.
(Source: P.A. 96-1403, eff. 7-29-10.) |
(105 ILCS 5/28-20) (from Ch. 122, par. 28-20) Sec. 28-20. Definitions. (a) For purposes of this Act the term instructional materials shall mean
both print and non-print materials, including electronic textbooks, that are used in the educational
process. (b) For purposes of this Article, "textbook" includes electronic or digital textbooks that are used for educational purposes. (Source: P.A. 96-1403, eff. 7-29-10.) |
(105 ILCS 5/28-21) (from Ch. 122, par. 28-21) Sec. 28-21. The State Board of Education shall require each publisher
of any printed textbook or electronic textbook that is furnished at public expense under Sections 28-14
through 28-19 and is first published after July 19, 2006 to furnish, as provided in this Section, an accessible electronic file set of contracted print material to the National Instructional Materials Access Center, which shall then be available to the State Board of Education or its authorized user for the purpose of conversion to an accessible format for use by a child with a print disability and for distribution to local education agencies. An "accessible electronic file" means a file that conforms to specifications of the national file format adopted by the United States Department of Education. Other terms used in this Section shall be construed in compliance with the federal Individuals with Disabilities Education Act and related regulations.(Source: P.A. 101-17, eff. 6-14-19.) |
(105 ILCS 5/Art. 28A heading)
ARTICLE 28A. Education Purchasing Program.
(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/28A-5)
Sec. 28A-5. Definitions. In this Article: "State Board" means the State Board of Education. "Education purchasing contract" means a contract negotiated by the State Board, a local, State, or federal governmental entity, or a not-for-profit, for-profit, or cooperative entity that is certified under Section 28A-15 of this Code and made available to school districts.
"Master contract" means a contract designated as a statewide education master contract under Section 28A-15 of this Code.
"Program" means the education purchasing program created under this Article.
(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/28A-10)
Sec. 28A-10. Program created. The State Board shall create an education purchasing program. Under the program, the State Board shall designate itself or another entity to act as a State education purchasing entity to form and designate statewide education master contracts and to certify education purchasing contracts for key categories identified and defined by the State Board. The State education purchasing entity shall provide master contract and education purchasing contract information and pricing to school districts.
(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/28A-15)
Sec. 28A-15. Powers of State education purchasing entity. The State education purchasing entity shall have all of the following powers: (1) To select vendors and form contracts in | ||
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(2) To designate a contract as a statewide education | ||
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(3) To certify an education purchasing contract, | ||
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(4) To facilitate the inter-district sale or | ||
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(5) To select and subsidize e-procurement tools to | ||
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(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/28A-20)
Sec. 28A-20. Rules. The State Board or other State agency designated by the State Board may adopt rules to implement the program.
(Source: P.A. 93-1036, eff. 9-14-04.) |
(105 ILCS 5/Art. 29 heading) ARTICLE 29.
TRANSPORTATION
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(105 ILCS 5/29-1) (from Ch. 122, par. 29-1)
Sec. 29-1.
Free
transportation of pupils.
School boards may provide free transportation for pupils, as prescribed
in Section 10-22.22.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/29-2) (from Ch. 122, par. 29-2)
Sec. 29-2.
Transportation of pupils less than one and one-half miles from school.
School boards may provide transportation for pupils living less than one
and one-half miles as measured by the customary route of travel from the
school attended and may make a charge for such transportation in an amount
of not to exceed the cost thereof, which shall include a reasonable
allowance for depreciation of the vehicles so used.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
Sec. 29-3. Transportation in school districts. School boards
of community consolidated districts, community unit
districts, consolidated districts, consolidated high school
districts, optional elementary unit districts, combined high school - unit districts, combined school districts if the combined district
includes any district which was previously required to provide
transportation, and any newly created elementary or high school districts resulting from a high school - unit conversion, a unit to dual conversion, or a multi-unit conversion if the newly created district includes any area that was previously required to provide transportation shall provide free transportation
for pupils residing at a distance of one and one-half miles or more from
any school to which they are assigned for attendance maintained within the
district, except for those pupils for whom the school board shall certify to
the State Board of Education that adequate transportation for the public is
available.
For the purpose of this Act 1 1/2 miles distance shall be from the exit
of the property where the pupil resides to the point where pupils are normally
unloaded at the school attended; such distance shall be measured by determining
the shortest distance on normally traveled roads or streets.
Such school board may comply with the provisions of this Section by
providing free transportation for pupils to and from an assigned school
and a pick-up point located not more than one and one-half miles from
the home of each pupil assigned to such point.
For the purposes of this Act "adequate transportation for the public"
shall be assumed to exist for such pupils as can reach school by
walking, one way, along normally traveled roads or streets
less than 1
1/2 miles irrespective of the distance the
pupil is transported by public transportation.
In addition to the other requirements of this Section, each school board may
provide free transportation for any pupil residing within 1 1/2 miles from the
school attended where conditions are such that walking, either to or from the
school to which a pupil is assigned for attendance or to or from a pick-up
point or bus stop, constitutes a serious hazard to the safety of the pupil
due to either (i) vehicular traffic or rail crossings or (ii) a course or pattern of criminal activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. Such transportation shall not
be provided if adequate transportation for the public is available.
The determination as to what constitutes a serious safety hazard shall
be made by the school board, in accordance with guidelines promulgated by
the Illinois Department of Transportation regarding vehicular traffic or rail crossings or in accordance with guidelines regarding a course or pattern of criminal activity, as determined by the local law enforcement agency, in consultation with the State
Superintendent of Education. A school board, on written petition of the
parent or guardian of a pupil for whom adequate transportation for the public
is alleged not to exist because the pupil is required to walk along normally
traveled roads or streets where walking is alleged to constitute a serious
safety hazard due to either (i) vehicular traffic or rail crossings or (ii) a course or pattern of criminal activity, or who is required to
walk between the
pupil's home and assigned school or between the pupil's home or assigned school
and a pick-up point or bus stop along roads or streets where walking is alleged
to constitute a serious safety hazard due to either (i) vehicular traffic or rail
crossings or (ii) a course or pattern of criminal activity, shall conduct a
study and make findings, which the Department of Transportation, with respect to vehicular traffic or rail crossings, or the State Board of Education, in consultation with the local law enforcement agency, with respect to a course or pattern of criminal activity, shall review
and approve
or disapprove as provided in this Section, to determine whether a serious
safety hazard exists as alleged in the petition. The
Department of Transportation shall review
the findings of the school board concerning vehicular traffic or rail crossings and shall approve or disapprove the school
board's determination that a serious safety hazard exists within 30 days
after the school board submits its findings to the Department of Transportation. The State Board of Education, in consultation with the local law enforcement agency, shall review the findings of the school board concerning a course or pattern of criminal activity and shall approve or disapprove the school board's determination that a serious safety hazard exists within 30 days after the school board submits its findings to the State Board. The school board
shall annually review the conditions and determine whether or not the hazardous conditions remain unchanged. The
State Superintendent of Education may request that the Illinois Department
of Transportation or the local law enforcement agency verify that the conditions have not changed. No action
shall lie against the school board, the State Superintendent of Education,
the Illinois Department of Transportation, the State Board of Education, or a local law enforcement agency for decisions made in accordance
with this Section. The provisions of the Administrative Review Law and all
amendments and modifications thereof and the rules adopted pursuant thereto
shall apply to and govern all proceedings instituted for the judicial
review of final administrative decisions of the Department of
Transportation, the State Board of Education, or a local law enforcement agency under this Section. At all points, except when otherwise mentioned in this Section, the local enforcement agency is authorized to determine what constitutes a course or pattern of criminal activity.
The changes made to this Section by this amendatory Act of the 100th General Assembly do not apply to a school district organized under Article 34 of this Code. (Source: P.A. 100-1142, eff. 11-28-18.)
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(105 ILCS 5/29-3.1) (from Ch. 122, par. 29-3.1)
Sec. 29-3.1.
Transportation to and from school sponsored activities.
The school board of any school district that provides transportation for
pupils to and from the school attended may provide transportation for
pupils to and from any school sponsored activities in which pupils of the
district participate, whether during the school year or not, and may make
a charge for such transportation in an amount not to exceed the cost
thereof, which may include a reasonable allowance for depreciation of the
vehicles so used. The school board may provide transportation for pupils on
bona fide field trips in Illinois or adjacent states.
(Source: P.A. 85-1148; 85-1389; 85-1440.)
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(105 ILCS 5/29-3.2) (from Ch. 122, par. 29-3.2)
Sec. 29-3.2.
Transportation to and from activities of private schools.
The school board of any school district that provides transportation for
pupils to and from the public schools may, by agreement with the officials
of a non-public school, provide transportation, at times when the buses or
other conveyances are not needed for public school student transportation,
for students attending the non-public school to and from activities
sponsored by that school. Such a school board providing transportation
under this Section shall make a charge for furnishing that transportation
in an amount not less than the cost thereof, including a reasonable
allowance for the depreciation of each vehicle used in that transportation.
(Source: Laws 1967, p. 1228.)
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(105 ILCS 5/29-3.2a) (from Ch. 122, par. 29-3.2a)
Sec. 29-3.2a.
Transportation to and from summer school sessions.)
The school board of any school district that provides transportation for
pupils to and from the school attended may provide transportation for
pupils to and from school during that period of the calendar year not
embraced with the regular school term in which courses are taught for any
pupils of the district who might participate, and may make a charge for
such transportation in an amount not to exceed the cost thereof, which may
include a reasonable allowance for depreciation of the vehicles so
used; provided no charge shall be made for transportation of the types of
children defined in Sections 14-1.02 through 14-1.07 of this Act and school
boards providing such transportation shall be reimbursed pursuant to Section
14-13.01 of this Act.
(Source: P.A. 79-203.)
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(105 ILCS 5/29-3.3) (from Ch. 122, par. 29-3.3)
Sec. 29-3.3.
Transportation for pupils of other districts.
The school board of any school district that provides transportation for
pupils to and from the public schools may, pursuant to agreement with the
school board of any other school district, provide transportation for
pupils of that district to and from activities sponsored by any public
school in that district, at times when buses or other conveyances used in
such transportation are not needed for transporting pupils of the school
district so providing that transportation. In providing such transportation
for pupils of another district, the school board shall charge an amount not
less than the cost of furnishing that transportation, including a
reasonable allowance for depreciation on each vehicle so used.
(Source: Laws 1967, p. 3480.)
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(105 ILCS 5/29-3.4) (from Ch. 122, par. 29-3.4)
Sec. 29-3.4.
The school board of any school district may provide transportation
services to children participating in or adults who are attending organized recreational, cultural,
educational, and public service programs. The school board shall make a
charge for such transportation in an amount equal to the cost thereof,
which shall include a reasonable allowance for insurance premiums and depreciation of the vehicles
so used. This Section shall not apply if such transportation services are
offered by any public or private mass transit system engaged in the
business of transporting people within the county or counties in which the
school district is located in whole or in part and if such transit system
has received or will receive funds provided by the "Mass Transportation
Emergency Operating Assistance Act of 1973", adopted by the 78th General
Assembly, or which receives or will receive funds from any other enactment
of the General Assembly or from any unit of local government.
(Source: P.A. 79-506.)
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(105 ILCS 5/29-3.5) (from Ch. 122, par. 29-3.5)
Sec. 29-3.5.
Other use of school buses.
The school board of any school district
may provide transportation services to any non-profit organization for recreational,
cultural,
educational, and public service programs operated by the organization for
the benefit of its members.
Transportation shall be provided to non-profit organizations during times
when the vehicles used are not
needed for the transportation of students between school and their homes.
The school board shall make
a charge for such transportation in an amount equal to the cost thereof,
which shall include a reasonable
allowance for depreciation of the vehicles used. The school board is authorized
to enter into contracts,
leases, or agreements covering the use of transportation by non-profit organizations.
The school board shall add to the charges made for the use of transportation
a reasonable amount to
cover any increase in insurance premiums incident to the use of transportation
by the organization.
Nothing in this Section shall be construed to terminate, either permanently
or temporarily, the
status of the vehicles used by the organization as school buses.
Nothing in this Section shall be construed to permit any
school district to provide transportation services in
competition with any mass transit carrier.
(Source: P.A. 79-656.)
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(105 ILCS 5/29-4) (from Ch. 122, par. 29-4)
Sec. 29-4.
Pupils attending a charter school or nonpublic school.
The school
board of any school district that provides any school bus or conveyance
for transporting pupils to and from the public schools shall afford
transportation, without cost, for children who attend a charter school or
any school other
than a public school, who reside at least 1 1/2 miles from the school
attended, and who reside on or along the highway constituting the
regular route of such public school bus or conveyance, such
transportation to extend from some point on the regular route nearest or
most easily accessible to their homes to and from the school attended,
or to or from a point on such regular route which is nearest or most
easily accessible to the school attended by such children. Nothing
herein shall be construed to prevent high school districts from
transporting public or non-public elementary school pupils on a regular
route where deemed appropriate. The elementary district in which such
pupils reside shall enter into a contractual agreement with the high
school district providing the service, make payments accordingly, and
make claims to the State in the amount of such contractual payments.
The person in charge of any charter school or school other than a public
school shall
certify on a form to be provided by the State Superintendent of Education,
the names and addresses of pupils transported and when such
pupils were in attendance at the school. If any such children reside
within 1 1/2 miles from the school attended, the school board shall
afford such transportation to such children on the same basis as it
provides transportation for its own pupils residing within that distance
from the school attended.
Nothing herein shall be construed to preclude a school district from
operating separate regular bus routes, subject to the limitations of
this Section, for the benefit of children who attend a charter school or
any school other
than a public school where the operation of such routes is safer, more
economical and more efficient than if such school district were
precluded from operating separate regular bus routes.
If a school district is required by this Section to afford
transportation without cost for any child who is not a resident of the
district, the school district providing such transportation is entitled
to reimbursement from the school district in which the child resides for
the cost of furnishing that transportation, including a reasonable
allowance for depreciation on each vehicle so used. The school district
where the child resides shall reimburse the district providing the
transportation for such costs, by the 10th of each month or on such less
frequent schedule as may be agreed to by the 2 school districts.
(Source: P.A. 91-407, eff. 8-3-99.)
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(105 ILCS 5/29-5) (from Ch. 122, par. 29-5) Sec. 29-5. Reimbursement by State for transportation. Any school
district, maintaining a school, transporting resident pupils to another
school district's vocational program, offered through a joint agreement
approved by the State Board of Education, as provided in Section
10-22.22 or transporting its resident pupils to a school which meets the
standards for recognition as established by the State Board of Education
which provides transportation meeting the standards of safety, comfort,
convenience, efficiency and operation prescribed by the State Board of
Education for resident pupils in kindergarten or any of grades 1 through
12 who: (a) reside at least 1 1/2 miles as measured by the customary route of
travel, from the school attended; or (b) reside in areas where conditions are
such that walking constitutes a hazard to the safety of the child when
determined under Section 29-3; and (c) are transported to the school attended
from pick-up points at the beginning of the school day and back again at the
close of the school day or transported to and from their assigned attendance
centers during the school day, shall be reimbursed by the State as hereinafter
provided in this Section.
The State will pay the prorated allowable cost of transporting eligible pupils less the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15 in a dual school district maintaining secondary
grades 9 to 12 inclusive times a qualifying rate of .05%; in elementary
school districts maintaining grades K to 8 times a qualifying rate of
.06%; and in unit districts maintaining grades K to 12, including partial elementary unit districts formed pursuant to Article 11E, times a qualifying
rate of .07%. To be eligible to receive reimbursement in excess of 4/5
of the cost to transport eligible pupils, a school district or partial elementary unit district formed pursuant to Article 11E shall have a
Transportation Fund tax rate of at least .12%. The Transportation Fund tax rate for a partial elementary unit district formed pursuant Article 11E shall be the combined elementary and high school rates pursuant to paragraph (4) of subsection (a) of Section 18-8.15. If a school district or partial elementary unit district formed pursuant to Article 11E
does not have a .12% Transportation Fund tax rate, the amount of its
claim in excess of 4/5 of the cost of transporting pupils shall be
reduced by the sum arrived at by subtracting the Transportation Fund tax
rate from .12% and multiplying that amount by the district's real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15, provided that in no case shall said reduction
result in reimbursement of less than 4/5 of the cost to transport
eligible pupils.
The minimum amount to be received by a district is $16 times the
number of eligible pupils transported.
When calculating the reimbursement for transportation costs, the State Board of Education may not deduct the number of pupils enrolled in early education programs from the number of pupils eligible for reimbursement if the pupils enrolled in the early education programs are transported at the same time as other eligible pupils.
Any such district transporting resident pupils during the school day
to an area vocational school or another school district's vocational
program more than 1 1/2 miles from the school attended, as provided in
Sections 10-22.20a and 10-22.22, shall be reimbursed by the State for 4/5
of the cost of transporting eligible pupils.
School day means that period of time during which the pupil is required to be
in attendance for instructional purposes.
If a pupil is at a location within the school district other than his
residence for child care purposes at the time for transportation to school,
that location may be considered for purposes of determining the 1 1/2 miles
from the school attended.
Claims for reimbursement that include children who attend any school
other than a public school shall show the number of such children
transported.
Claims for reimbursement under this Section shall not be paid for the
transportation of pupils for whom transportation costs are claimed for
payment under other Sections of this Act.
The allowable direct cost of transporting pupils for regular, vocational,
and special education pupil transportation shall be limited to the sum of
the cost of physical examinations required for employment as a school bus
driver; the salaries of full-time or part-time drivers and school bus maintenance
personnel; employee benefits excluding Illinois municipal retirement
payments, social security payments, unemployment insurance payments and
workers' compensation insurance premiums; expenditures to independent
carriers who operate school buses; payments to other school districts for
pupil transportation services; pre-approved contractual expenditures for
computerized bus scheduling; expenditures for housing assistance and homeless prevention under Sections 1-17 and 1-18 of the Education for Homeless Children Act that are not in excess of the school district's actual costs for providing transportation services and are not otherwise claimed in another State or federal grant that permits those costs to a parent, a legal guardian, any other person who enrolled a pupil, or a homeless assistance agency that is part of the federal McKinney-Vento Homeless Assistance Act's continuum of care for the area in which the district is located; the cost of gasoline, oil, tires, and other
supplies necessary for the operation of school buses; the cost of
converting buses' gasoline engines to more fuel efficient engines or to
engines which use alternative energy sources; the cost of travel to
meetings and workshops conducted by the regional superintendent or the
State Superintendent of Education pursuant to the standards established by
the Secretary of State under Section 6-106 of the Illinois Vehicle Code to improve the driving skills of
school bus drivers; the cost of maintenance of school buses including parts
and materials used; expenditures for leasing transportation vehicles,
except interest and service charges; the cost of insurance and licenses for
transportation vehicles; expenditures for the rental of transportation
equipment; plus a depreciation allowance of 20% for 5 years for school
buses and vehicles approved for transporting pupils to and from school and
a depreciation allowance of 10% for 10 years for other transportation
equipment so used.
Each school year, if a school district has made expenditures to the
Regional Transportation Authority or any of its service boards, a mass
transit district, or an urban transportation district under an
intergovernmental agreement with the district to provide for the
transportation of pupils and if the public transit carrier received direct
payment for services or passes from a school district within its service
area during the 2000-2001 school year, then the allowable direct cost of
transporting pupils for regular, vocational, and special education pupil
transportation shall also include the expenditures that the district has
made to the public transit carrier.
In addition to the above allowable costs, school
districts shall also claim all transportation supervisory salary costs,
including Illinois municipal retirement payments, and all transportation
related building and building maintenance costs without limitation.
Special education allowable costs shall also include expenditures for the
salaries of attendants or aides for that portion of the time they assist
special education pupils while in transit and expenditures for parents and
public carriers for transporting special education pupils when pre-approved
by the State Superintendent of Education.
Indirect costs shall be included in the reimbursement claim for districts
which own and operate their own school buses. Such indirect costs shall
include administrative costs, or any costs attributable to transporting
pupils from their attendance centers to another school building for
instructional purposes. No school district which owns and operates its own
school buses may claim reimbursement for indirect costs which exceed 5% of
the total allowable direct costs for pupil transportation.
The State Board of Education shall prescribe uniform regulations for
determining the above standards and shall prescribe forms of cost
accounting and standards of determining reasonable depreciation. Such
depreciation shall include the cost of equipping school buses with the
safety features required by law or by the rules, regulations and standards
promulgated by the State Board of Education, and the Department of
Transportation for the safety and construction of school buses provided,
however, any equipment cost reimbursed by the Department of Transportation
for equipping school buses with such safety equipment shall be deducted
from the allowable cost in the computation of reimbursement under this
Section in the same percentage as the cost of the equipment is depreciated.
On or before August 15, annually, the chief school administrator for
the district shall certify to the State Superintendent of Education the
district's claim for reimbursement for the school year ending on June 30
next preceding. The State Superintendent of Education shall check and
approve the claims and prepare the vouchers showing the amounts due for
district reimbursement claims. Each fiscal year, the State
Superintendent of Education shall prepare and transmit the first 3
vouchers to the Comptroller on the 30th day of September, December and
March, respectively, and the final voucher, no later than June 20.
If the amount appropriated for transportation reimbursement is insufficient
to fund total claims for any fiscal year, the State Board of Education shall
reduce each school district's allowable costs and flat grant amount
proportionately to make total adjusted claims equal the total amount
appropriated.
For purposes of calculating claims for reimbursement under this Section for any school year beginning July 1, 2016, the equalized assessed valuation for a school district or partial elementary unit district formed pursuant to Article 11E used to compute reimbursement shall be the real equalized assessed valuation as computed under paragraph (3) of subsection (d) of Section 18-8.15.
All reimbursements received from the State shall be deposited into the
district's transportation fund or into the fund from which the allowable
expenditures were made.
Notwithstanding any other provision of law, any school district receiving
a payment under this Section or under Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may classify all or a portion of the funds that it
receives in a particular fiscal year or from State aid pursuant to
Section 18-8.15 of this Code
as funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
Any school district with a population of not more than 500,000
must deposit all funds received under this Article into the transportation
fund and use those funds for the provision of transportation services.
(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
Sec. 29-5.2. Reimbursement of transportation.
(a) Reimbursement. A
custodian of a qualifying pupil shall be entitled to reimbursement in
accordance with procedures established by the State Board of Education for
qualified transportation expenses paid by such custodian during the school
year.
(b) Definitions. As used in this Section:
(1) "Qualifying pupil" means an individual referred | ||
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(A) is a resident of the State of Illinois; and
(B) is under the age of 21 at the close of the | ||
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(C) during the school year for which | ||
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(D) did not live within 1 1/2 miles from the | ||
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(2) "Qualified transportation expenses" means costs | ||
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(3) "School" means a public or nonpublic elementary | ||
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(4) One and one-half miles distance. For the purposes | ||
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(5) Custodian. The term "custodian" shall mean, with | ||
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(c) An individual, resident of the State of Illinois, who is under
the age of 21 at the close of the
school year for which reimbursement is sought and who, during that school
year, was a full time pupil enrolled in a kindergarten through 12th grade
educational program at a school which was within 1 1/2 miles of the pupil's
residence, measured in a manner consistent with Section 29-3, is a
"qualifying pupil" within the meaning of this Section if (i) such pupil attends public school in a school district organized under Article 34 of this Code and must walk or otherwise travel along a safe passage route, as designated by
the school board, to reach school or return home or
(ii) such pupil
did not have access to transportation provided entirely at public expense
to and from that school and the pupil's residence and conditions were
such that walking would have constituted a serious hazard to the safety of
the pupil due to vehicular traffic. The determination of what constitutes
a serious safety hazard within the meaning of this subsection shall in each
case be made by the Department of Transportation in accordance with
guidelines which the Department, in consultation with the State
Superintendent of Education, shall promulgate. Each custodian intending to
file an application for reimbursement under subsection (d) for expenditures
incurred or to be incurred with respect to a pupil asserted to be a
qualified pupil as an individual referred to in this subsection shall first
file with the appropriate regional superintendent, on forms provided by the
State Board of Education, a request for a determination that a serious
safety hazard within the meaning of this subsection (c) exists with respect
to such pupil. Custodians shall file such forms with the appropriate
regional superintendents not later than February 1 of the school year for
which reimbursement will be sought for transmittal by the regional
superintendents to the Department of Transportation not later than February
15; except that any custodian who previously received a determination
that a serious safety hazard exists need not resubmit such a request for 4
years but instead may certify on their application for reimbursement to the State
Board of Education referred to in subsection (d), that the conditions found
to be hazardous, as previously determined by the Department, remain
unchanged. The Department shall make its determination on all requests so
transmitted to it within 30 days, and shall thereupon forward notice of
each determination which it has made to the appropriate regional
superintendent for immediate transmittal to the custodian affected thereby.
The determination of the Department relative to what constitutes a serious
safety hazard within the meaning of subsection (c) with respect to any
pupil shall be deemed an "administrative decision" as defined in Section
3-101 of the Administrative Review Law; and the Administrative Review Law
and all amendments and modifications thereof and rules adopted pursuant
thereto shall apply to and govern all proceedings instituted for the
judicial review of final administrative decisions of the Department of
Transportation under this subsection.
(d) Request for reimbursement. A custodian, including a
custodian for a pupil asserted to be a qualified pupil as an individual
referred to in subsection (c), who applies in accordance
with procedures established by the State Board of Education shall be
reimbursed in accordance with the dollar limits set out in this Section.
Such procedures shall require application no later than June 30 of each
year, documentation as to eligibility, and adequate evidence of
expenditures; except that for reimbursement sought pursuant to subsection
(c) for the 1985-1986 school year, such procedures shall require
application within 21 days after the determination of the Department of
Transportation with respect to that school year is transmitted by the
regional superintendent to the affected custodian. In the absence of
contemporaneous records, an affidavit by
the custodian may be accepted as evidence of an expenditure. If the amount
appropriated for such reimbursement for any year is less than the amount
due each custodian, it shall be apportioned on the basis of the requests
approved. Regional Superintendents shall be reimbursed for such costs of
administering the program, including costs incurred in administering the
provisions of subsection (c), as the State Board of Education determines are
reasonable and necessary.
(e) Dollar limit on amount of reimbursement. Reimbursement to custodians
for transportation expenses incurred during the 1985-1986 school year,
payable in fiscal year 1987, shall be equal to the lesser of (1) the actual
qualified transportation expenses, or (2) $50 per pupil. Reimbursement to
custodians for transportation expenses incurred during the 1986-1987 school
year, payable in fiscal year 1988, shall be equal to the lesser of (1) the
actual qualified transportation expenses, or (2) $100 per pupil. For
reimbursements of qualified transportation expenses incurred in 1987-1988
and thereafter, the amount of reimbursement shall not exceed the prior
year's State reimbursement per pupil for transporting pupils as required by
Section 29-3 and other provisions of this Article.
(f) Rules and regulations. The State Board of Education
shall adopt rules to implement this Section.
(g) The provisions of this amendatory Act of 1986 shall apply according to
their terms to the entire 1985-1986 school year, including any portion of
that school year which elapses prior to the effective date of this
amendatory Act, and to each subsequent school year.
(h) The chief administrative officer of each school shall notify
custodians of qualifying pupils that reimbursements are available.
Notification shall occur by the first Monday in November of the school year
for which reimbursement is available.
(Source: P.A. 98-1057, eff. 1-1-15.)
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(105 ILCS 5/29-6) (from Ch. 122, par. 29-6)
Sec. 29-6.
Inter-district contracts for transportation.
Any school district, including any non-high school district, may
contract at actual cost with 1 or more school districts for the
transportation of pupils to and from the school attended.
(Source: P.A. 78-1245.)
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(105 ILCS 5/29-6.1) (from Ch. 122, par. 29-6.1)
Sec. 29-6.1. Contracts for transportation. Subject to Section 6-106.11
of the Illinois Vehicle Code,
school boards may enter into contracts for any period of time deemed appropriate by those school boards for transportation
of pupils to and from school; however, no contract, inclusive of any proposed renewals, may exceed 10 years. All contracts for a period of time greater than 5 years that do not include the use of electric vehicles for pupil transportation shall include a termination option after 5 years. Nothing in this Section prohibits contract opener clauses for any purpose from being included in the contract. A contract for pupil transportation that utilizes a significant percentage of electric vehicles may be entered into by a school board for up to 15 years if the contract relies on capital or infrastructure purchases or improvements that cannot reasonably be justified in a shorter-term contract.
(Source: P.A. 103-430, eff. 1-1-24.)
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(105 ILCS 5/29-6.3)
Sec. 29-6.3. Transportation to and from specified interscholastic or school-sponsored
activities. (a) Any school district transporting students in grade 12 or below for an interscholastic, interscholastic athletic, or school-sponsored, noncurriculum-related activity that (i) does not require student participation as part of the educational services of the district and (ii) is not associated with the students' regular class-for-credit schedule or required 5 clock hours of instruction under Section 10-19.05 shall transport the students only in a school bus, a vehicle manufactured to transport not more than 10 persons, including the driver, or a multifunction school-activity bus manufactured to transport not more than 15 persons, including the driver. (a-5) A student in any of grades 9 through 12 may be transported in a multi-function school activity bus (MFSAB) as defined in Section 1-148.3a-5 of the Illinois Vehicle Code for any curriculum-related activity except for transportation on regular bus routes from home to school or from school to home, subject to the following conditions: (i) A MFSAB may not be used to transport students | ||
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(ii) The use of a MFSAB under this Section is subject | ||
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(b) Any school district furnishing transportation for students under the authority of this Section shall insure against any loss or liability of the district resulting from the maintenance, operation, or use of the vehicle. (c) Vehicles used to transport students under this Section may claim a depreciation allowance of 20% over 5 years as provided in Section 29-5 of this Code.
(Source: P.A. 101-12, eff. 7-1-19.)
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(105 ILCS 5/29-6.4)
Sec. 29-6.4. Non-contract transportation; bids;
reimbursement. A school board of a school district that provides
transportation of its pupils to and from school on buses that are owned by the
district that are operated by drivers who are employed by the district shall,
if it receives a timely request from an interested private school bus
contractor that the district provide that transportation under contract,
solicit sealed bids for that purpose. A district or special education cooperative is not required to respond to such a request more than once every 2 years.
A request
shall not be considered timely if it is made more than
24 months or less than 3 months before the expiration of the collective
bargaining or other agreement that is in effect at the time the request is made
and that governs the terms and conditions of employment of the school bus
drivers employed by the district. All requests shall be made in writing by certified mail, return receipt requested, addressed to the school board of the district at the administrative offices or any school of the district. At the conclusion of the bidding process,
the school board shall publicly announce the district's fully allocated costs
of providing transportation of its pupils to and from school under its present
system and thereupon may (i) elect to enter into a contract as provided in
Section 29-6.1 with the lowest responsible bidder for transportation of the
district's pupils to and from school or (ii) elect to continue providing
transportation of its pupils to and from school under its present system.
In the event the school board elects to continue providing transportation of
the district's pupils to and from school under its present system even though
the district's fully allocated costs of doing so exceed the amount of the
lowest responsible bid received by the school board for transportation of the
district's pupils to and from school, the school board shall publicly
announce at a regularly scheduled meeting of the board held within 30 days
after making its election to continue providing pupil
transportation under its present system (i) the fully allocated costs of
providing transportation of the district's pupils to and from school under its
present system, and (ii) the amount of each of the sealed bids submitted to the
school board, identifying which of the sealed bid amounts was the lowest
responsible bid.
As used in this Section the term "fully allocated costs" includes both the
fixed and variable direct costs of the labor, capital, and material resources
that are used by the school district exclusively for purposes of providing
transportation of the district's pupils to and from school plus that portion of
the district's shared costs as is fairly allocable to the products, services,
and facilities necessary to provide transportation of the district's pupils to
and from school. Direct costs of labor, capital, and material resources used
exclusively to provide pupil transportation include the wages, payroll costs,
and associated fringe benefits of school bus drivers, mechanics, and any
supervisory or administrative personnel whose services relate exclusively to
pupil transportation personnel or services, fuel, lubricants, tires, tubes,
related material costs incurred in providing pupil transportation, depreciation
costs associated with school buses and other vehicles, including spare
vehicles, used to provide pupil transportation, and costs of facilities and
equipment maintained exclusively to service, garage, or park vehicles used for
pupil transportation purposes.
"Shared costs" means the aggregate cost of the labor, capital, and material
resources that are used in common by the district for a multiplicity of
purposes, including the purpose of providing transportation of the district's
pupils to and from school. The costs of the management, administration, and
underlying infrastructure that support a multiplicity of services provided by
the school district (including pupil transportation services) constitute shared
costs within the meaning of this Section, and to the extent they are fairly
allocable to pupil transportation services they are included within the term
fully allocated costs as used in this Section. The
State Board of Education shall promulgate rules setting forth the manner in
which a district's fully allocated costs of providing transportation of its
pupils to and from school under a non-contractual system shall be determined
and computed for purposes of this Section. However, those rules shall be
consistent with the provisions of this paragraph and shall follow recognized
principles of fully allocated costing analysis in the transit industry,
including generally accepted methods of identifying and estimating the
principal cost elements of maintaining and operating a pupil transportation
system.
(Source: P.A. 93-953, eff. 1-1-05.)
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(105 ILCS 5/29-9) (from Ch. 122, par. 29-9)
Sec. 29-9.
Liability insurance.
Any school district, including any non-high school district, which
provides transportation for pupils shall insure against any loss or
liability of such district, its agents or employees, resulting from or
incident to the ownership, maintenance or use of any school bus. Such
insurance shall be carried only in companies duly licensed and authorized
to write such coverage in this State and in compliance with the provisions
of Section 12-707 of "The Illinois Vehicle Code", approved September 29,
1969, as now or hereafter amended.
(Source: P.A. 78-310.)
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(105 ILCS 5/29-15) (from Ch. 122, par. 29-15)
Sec. 29-15.
Subject to the provisions of Section 10-22.8 of this Act, school
districts, which own buses or other vehicular equipment for the
transportation of pupils to or from school within such district, may sell
or lease such buses or equipment to a Mass Transit District organized under
the Local Mass Transit District Act or to an Urban Transportation District
organized under the Urban Transportation District Act. Such districts may
contract with a Mass Transit District or an Urban Transportation District
for the transportation of pupils to and from the schools of such districts
at a consideration to be determined by negotiation between the parties.
Such contracts shall otherwise be subject to the provisions of this
Article.
(Source: P.A. 77-1492.)
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(105 ILCS 5/29-16) (from Ch. 122, par. 29-16)
Sec. 29-16.
The school board of any school district which owns buses or other
vehicular equipment for the transportation of pupils may rent such buses or
equipment to the county board of any county in which it is situated to
provide public transportation services pursuant to the "Downstate Public
Transportation Act". The school board may rent such buses and equipment to
the county board only for use during times when such buses or equipment are
not needed for transporting pupils of the school district. A school board
renting school buses or other vehicular equipment under this Section shall
make a charge for furnishing such buses or other vehicular equipment in an
amount not less than the cost thereof, including a reasonable allowance for
the depreciation of each vehicle used.
This amendatory Act is not a limitation upon the contractual and
associational powers granted by Section 10 of Article VII of the
Constitution.
(Source: P.A. 78-1109.)
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(105 ILCS 5/29-17)
Sec. 29-17. (Repealed).
(Source: P.A. 85-1010. Repealed by P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07.)
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(105 ILCS 5/29-18)
Sec. 29-18. (Repealed).
(Source: P.A. 90-756, eff. 8-14-98. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/29-20) Sec. 29-20. (Repealed).
(Source: P.A. 98-907, eff. 8-15-14. Repealed internally, eff. 1-1-16.) |
(105 ILCS 5/Art. 30 heading) ARTICLE 30.
SCHOLARSHIPS
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(105 ILCS 5/30-1) (from Ch. 122, par. 30-1)
Sec. 30-1.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-2) (from Ch. 122, par. 30-2)
Sec. 30-2.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-3) (from Ch. 122, par. 30-3)
Sec. 30-3.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-4)
Sec. 30-4. (Repealed).
(Source: Repealed by P.A. 77-1311.)
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(105 ILCS 5/30-4a) (from Ch. 122, par. 30-4a)
Sec. 30-4a.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-4b) (from Ch. 122, par. 30-4b)
Sec. 30-4b.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-4c) (from Ch. 122, par. 30-4c)
Sec. 30-4c.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-4d) (from Ch. 122, par. 30-4d)
Sec. 30-4d.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-4e) (from Ch. 122, par. 30-4e)
Sec. 30-4e.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-6)
Sec. 30-6. (Repealed).
(Source: P.A. 77-1311. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/30-7)
Sec. 30-7. (Repealed).
(Source: Repealed by P.A. 77-1311.)
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(105 ILCS 5/30-8)
Sec. 30-8. (Repealed).
(Source: Repealed by P.A. 77-1311.)
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(105 ILCS 5/30-9) (from Ch. 122, par. 30-9)
Sec. 30-9.
General Assembly scholarship; conditions of admission; award by
competitive examination.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
Sec. 30-10.
Filing nominations-Failure to accept or pass-Second
nomination.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
Sec. 30-11. Failure to use scholarship - Further nominations.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-12) (from Ch. 122, par. 30-12)
Sec. 30-12. Failure to begin or discontinuance of course because of military service.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-12.5)
Sec. 30-12.5. Waiver of confidentiality.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-13) (from Ch. 122, par. 30-13)
Sec. 30-13. Use of scholarship at public university.
(Source: P.A. 97-772, eff. 7-11-12.)
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(105 ILCS 5/30-13.5) Sec. 30-13.5. General Assembly scholarship program abolished. Before September 1, 2012, each member of the General Assembly may nominate persons to receive a scholarship or certificate of scholarship under Sections 30-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they existed before the effective date of this amendatory Act of the 97th General Assembly. A person nominated to receive or awarded such a scholarship or certificate before September 1, 2012 is entitled to the scholarship under the terms of Sections 30-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they existed before the effective date of this amendatory Act of the 97th General Assembly and Section 30-14 of this Code.
(Source: P.A. 97-772, eff. 7-11-12.) |
(105 ILCS 5/30-14) (from Ch. 122, par. 30-14)
Sec. 30-14.
Leaves of absence to holders of scholarships.
Any student enrolled in a university to which he is holding a
scholarship issued under this Article who satisfies the president of the
university or someone designated by him, that he requires leave of absence
for the purpose of earning funds to defray his expenses while in attendance
or on account of illness or military service may be granted such leave and
allowed a period of not to exceed 6 years in which to complete his course
at the university. The university shall notify the county superintendent of
the county from which the scholarship was issued of the granting of the
leave. Time spent in the armed forces shall not be part of the 6 years.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/30-14.1)
Sec. 30-14.1. (Repealed).
(Source: P.A. 77-1311. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
Sec. 30-14.2. Deceased, Disabled, and MIA/POW Veterans' Dependents scholarship.
(a) Any spouse, natural child, legally adopted child under the age of 18 at the time of adoption, minor child younger than 18 who is under a court-ordered guardianship for at least 2 continuous years prior to application, or
step-child under the age of 18 at the time of marriage of an eligible veteran or serviceperson who possesses all necessary
entrance requirements shall, upon application and proper proof, be awarded
a MIA/POW Scholarship consisting of the equivalent of 4 calendar years of
full-time enrollment including summer terms, to the state supported
Illinois institution of higher learning of his choice, subject to the
restrictions listed below.
"Eligible veteran or serviceperson" means any veteran or serviceperson, including an Illinois National Guard member who is on active duty or is active on a training assignment,
who has been declared by the U.S. Department of Defense or the
U.S. Department of Veterans Affairs to be a prisoner of war or missing
in action, or has died as the result of a service-connected disability or has become a person with a permanent disability from service-connected causes with 100% disability and
who (i) at the time of entering service was an Illinois resident, or (ii) was an
Illinois resident within 6 months after entering such service, or (iii) is a resident of Illinois at the time of application for the Scholarship and, at some point after entering such service, was a resident of Illinois for at least 15 consecutive years.
Full-time enrollment means 12 or more semester hours of courses per semester,
or 12 or more quarter hours of courses per quarter, or the equivalent thereof
per term. Scholarships utilized by dependents enrolled in less than full-time
study shall be computed in the proportion which the number of hours so carried
bears to full-time enrollment.
Scholarships awarded under this Section may be used by a spouse or child
without regard to his or her age. The holder of a Scholarship
awarded under this Section shall be subject to all examinations and academic
standards, including the maintenance of minimum grade levels, that are
applicable generally to other enrolled students at the Illinois institution of
higher learning where the Scholarship is being used.
If the surviving spouse
remarries or if there is a divorce between the veteran or serviceperson and
his or her spouse while the dependent is pursuing his or her course of
study, Scholarship benefits will be terminated at the end of the term for
which he or she is presently enrolled. Such dependents shall also be
entitled, upon proper proof and application, to enroll in any extension
course offered by a State supported Illinois institution of higher learning
without payment of tuition and approved fees.
The holder of a MIA/POW Scholarship authorized under this Section shall
not be required to pay any tuition or mandatory fees while attending a State-controlled university or public community college in this State for a period equivalent to 4 years of enrollment, including summer terms.
Any dependent who has been or shall be awarded a MIA/POW Scholarship shall
be reimbursed by the appropriate institution of higher learning for any
fees which he or she has paid and for which exemption is granted under this
Section if application for reimbursement is made within 2 months following
the end of the school term for which the fees were paid.
(b) In lieu of the benefit provided in subsection (a), any spouse,
natural child, legally adopted child, or step-child of an eligible veteran
or serviceperson, which spouse or child has a physical, mental or
developmental disability, shall be entitled to receive, upon application and
proper proof, a benefit to be used for the purpose of defraying the cost of
the attendance or treatment of such spouse or child at one or more
appropriate therapeutic, rehabilitative or educational facilities. The
application and proof may be made by the parent or legal guardian of the
spouse or child on his or her behalf.
The total benefit provided to any beneficiary under this subsection shall
not exceed the cost equivalent of 4 calendar years of full-time enrollment,
including summer terms, at the University of Illinois. Whenever
practicable in the opinion of the Department of Veterans' Affairs, payment
of benefits under this subsection shall be made directly to the facility,
the cost of attendance or treatment at which is being defrayed, as such
costs accrue.
(c) The benefits of this Section shall be administered by and paid for out
of funds made available to the Illinois Department of Veterans' Affairs.
The amounts that become due to any state supported Illinois institution of
higher learning shall be payable by the Comptroller to such institution on
vouchers approved by the Illinois Department of Veterans' Affairs. The
amounts that become due under subsection (b) of this Section shall be
payable by warrant upon vouchers issued by the Illinois Department of
Veterans' Affairs and approved by the Comptroller. The Illinois Department
of Veterans' Affairs shall determine the eligibility of the persons
who make application for the benefits provided for in this Section.
(Source: P.A. 101-334, eff. 8-9-19; 102-855, eff. 5-13-22.)
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(105 ILCS 5/30-14.3) (from Ch. 122, par. 30-14.3)
Sec. 30-14.3.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-14.5) (from Ch. 122, par. 30-14.5)
Sec. 30-14.5.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-14.6) (from Ch. 122, par. 30-14.6)
Sec. 30-14.6.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-14.7) (from Ch. 122, par. 30-14.7)
Sec. 30-14.7.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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(105 ILCS 5/30-14.8)
Sec. 30-14.8.
Christa McAuliffe Fellowship Program.
(a) The General Assembly finds that the Christa McAuliffe federal fellowship
is an award expressly and exclusively for the benefit of one or more elementary
or secondary teachers, provides funding for a sabbatical for the recipient of
the fellowship, has no express relationship to post-secondary educational
benefits under State and federal grant and loan programs administered by the
Illinois Student Assistance Commission (hereinafter in this Section sometimes
referred to as the "Commission"), and therefore is a program that from and
after the effective date of this amendatory Act of 1995 should be administered
in this State by the State Board of Education.
(b) There is hereby transferred to the State Board of Education from the
Illinois Student Assistance Commission all authority and responsibility
exercised by the Commission before the effective date of this amendatory Act of
1995 with respect to the administration within this State of the Christa
McAuliffe federal fellowship program. From and after the effective date of
this amendatory Act, the State Board of Education shall administer on behalf of
the State of Illinois and in accordance with all applicable rules and
regulations the conduct and operation of the Christa McAuliffe federal
fellowship program within this State.
(c) The Illinois Student Assistance Commission shall transfer to the State
Board of Education, as successor to the Commission for all purposes of
administering the Christa McAuliffe federal fellowship program, all books,
accounts, records, papers, documents, contracts, agreements, and pending
business in the possession or under the control of the Commission and relating
to its administration of the Christa McAuliffe fellowship program in this
State.
All pending applications made before the effective date of this amendatory Act
of 1995 for scholarship awards under the Christa McAuliffe fellowship program
and all scholarships awarded under that program before the effective date of
this amendatory Act of 1995 shall be unaffected by the transfer to the State
Board of Education of all responsibilities and authority formerly exercised by
the Commission with respect to that program. The Commission shall furnish to
the State Board of Education such other information as the State Board of
Education may request to assist it in administering this Section.
(Source: P.A. 89-106, eff. 7-7-95.)
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(105 ILCS 5/prec. Sec. 30-15 heading)
HIGHER EDUCATION STUDENT ASSISTANCE LAW
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(105 ILCS 5/30-15.25) (from Ch. 122, par. 30-15.25)
Sec. 30-15.25.
(a) As used in this Section, the term "public institution
of higher education" includes: the University of Illinois; Southern
Illinois University;
Chicago State University; Eastern Illinois University; Governors State
University; Illinois State University; Northeastern Illinois University;
Northern Illinois University; Western Illinois University; the public community
colleges of the State; and any other public
universities, colleges and community colleges now or hereafter established
or authorized by the General Assembly. The term "nonpublic institution of
higher education" includes any educational organization in this State,
other than a public institution of higher education, which provides a
minimum of an organized 2 year program at the private junior college level
or higher and which operates not-for-profit and in conformity with
standards substantially equivalent to those of public institutions of
higher education.
(b) Each public institution of higher education shall disclose
the terms, restrictions and requirements attached to or made a part of any
endowment, gift, grant, contract award or property of any kind or value
in excess of $100,000 made to such institution, or to any school, college,
division, branch or other organizational entity within or forming a part
of such institution, by a foreign government or an individual who is
neither a citizen nor a resident of the United States, in any calendar or
fiscal year. If the foreign government or individual donates more than one
gift in any calendar or fiscal year, and the total value of those gifts
exceeds $100,000, such institution shall report all the gifts received.
This subsection shall not apply to funds that public institutions of higher
education receive from grants and contracts through either the federal
government or the State of Illinois.
(c) The provisions of this subsection apply to each nonpublic
institution of higher education: (i) which receives any grant or award
under the Illinois Financial Assistance Act for Nonpublic Institutions of
Higher Learning or under the Higher Education Cooperation Act, or (ii)
which is a participant in a program of interinstitutional cooperation
administered by a not-for-profit organization that is organized to
administer such program under the Higher Education Cooperation Act and that
receives any grant under and in furtherance of the purposes of that Act, or
(iii) which receives any grant or distribution of grant moneys appropriated
from the State Treasury or any fund therein to such institution or to the
Board of Higher Education for distribution to nonpublic institutions of
higher education for purposes of Section 4 of the Build Illinois Bond Act
or for any other purpose authorized by law. Each nonpublic institution of
higher education to which the provisions of this subsection apply shall
disclose the terms, restrictions and requirements attached to or made a
part of any endowment, gift, grant, contract award or property of any kind
or value in excess of $250,000 made to such institution, or to any school,
college, division, branch or other organizational entity within or forming
a part of such institution, by a foreign government or an individual who is
neither a citizen nor a resident of the United States, in any calendar or
fiscal year. If the foreign government or individual donates more than one
gift in any calendar or fiscal year, and the total value of those gifts
exceeds $250,000, such institution shall report all the gifts received.
(d) Such information shall be forwarded to the Attorney
General no later than 30 days after the final day of each calendar or fiscal
year of such institution, whichever type of year is used by the institution
in accounting for the gifts received for the purposes of this Section. The
information shall include:
(1) the name of the foreign government in the case of | ||
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(2) the amount and the date of the contribution or | ||
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(3) when the gift is conditional, matching or | ||
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(4) the purpose or purposes for which the | ||
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Such information shall be a matter of public record.
(Source: P.A. 89-4, eff. 1-1-96.)
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(105 ILCS 5/30-16.1) (from Ch. 122, par. 30-16.1)
Sec. 30-16.1.
Purpose.
The General Assembly has found and hereby declares that it is essential
for the national defense and for the defense of the State of Illinois that
among those residents of this State receiving higher education, provisions
should be made for Reserve Officer's Training Corps training, in order
to provide officers for the several Armed Forces
of the United
States of America and to that end, that scholarships should be furnished to
eligible residents, in order to encourage their participation in the
Reserve Officer's Training Corps programs.
(Source: P.A. 79-768.)
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(105 ILCS 5/30-16.2) (from Ch. 122, par. 30-16.2)
Sec. 30-16.2.
Eligible recipients.
Those residents of the State of
Illinois whose scholastic standing will enable them to enroll in the
Reserve Officer's Training Corps programs of the several Armed Forces
available at universities supported by the State of Illinois, are
considered as eligible recipients for scholarships set forth in
Section 30-16.3.
(Source: P.A. 79-768.)
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(105 ILCS 5/30-16.3) (from Ch. 122, par. 30-16.3)
Sec. 30-16.3.
Availability of Scholarships.
Scholarships shall be awarded on the following basis:
(a) One scholastic scholarship to an eligible recipient from each private
junior
college and public community college which has a total enrollment of
less than 500 students.
(b) Two scholarships to eligible recipients from each private junior
college and public community college
which has an enrollment of 500 or more, but less than 1,000, students.
(c) Three scholarships to eligible recipients from private junior
colleges and public community colleges
having an enrollment of 1,000, or more, students.
(d) The equivalent of 10 scholarships per class, per branch of
service, each academic
year, to eligible recipients.
(Source: P.A. 91-503, eff. 8-13-99.)
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(105 ILCS 5/30-16.4) (from Ch. 122, par. 30-16.4)
Sec. 30-16.4.
Privileges Conferred.
The scholarships issued under Sections 30-16.1 through 30-16.6,
inclusive, of this Article, may be used at those State supported
universities where there are provided Reserve Officer's Training
Corps programs of the several Armed Services over a period during which
the eligible recipient is
eligible for enrollment in the program. The scholarships exempt the holder
from the payment of tuition, or any matriculation, graduation, activity,
term or incidental fee, except any portion of a multi-purpose fee which is
used for a purpose for which exemption is not granted under this Section.
Exemption may not be granted for any other fees including book rental,
service, laboratory, supply, Union Building, hospital and medical insurance
fees and any fees established for the operation and maintenance of
buildings, the income of which is pledged to the payment of interest and
principal, or bonds issued by the governing board of the universities.
Any student who has been or is awarded a scholarship shall be reimbursed
by the appropriate university for any fees which he has paid and for which
exemption is granted under this Section, if application for such
reimbursement is made within 2 months following the school term for which
the fees were paid.
The holder of a scholarship is subject to all examinations, rules and
requirements of the university in which he is enrolled, except as herein
directed.
The provisions of Sections 30-16.1 through 30-16.6 of this Act do not
prohibit the Board of Trustees of the University of Illinois, the Board of
Trustees of Southern Illinois University,
the Board of Trustees of Chicago State University, the Board of Trustees of
Eastern Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of Trustees of Northern
Illinois University, and the Board of Trustees of Western Illinois University
from granting other scholarships.
(Source: P.A. 89-4, eff. 1-1-96.)
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(105 ILCS 5/30-16.5) (from Ch. 122, par. 30-16.5)
Sec. 30-16.5.
Leaves of absence to holders of scholarships.
Any student enrolled in a university to which he is requesting a
scholarship issued under the provisions of Section 30-16.3 of this Act
who satisfies the President of the University, or someone designated
by him, that he requires leave of absence while in attendance, or on
account of illness, or military service, may be granted such leave and
allowed a period of not to exceed 6 years, in which to complete his course
at the university. Time spent in the armed services is not a part of the 6
years.
(Source: P.A. 79-768.)
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(105 ILCS 5/30-16.6) (from Ch. 122, par. 30-16.6)
Sec. 30-16.6.
Registration of eligible recipients; examination.
The president or chairman of the board of each private junior college or
public community college, and the
President of each University in which a Reserve Officer's Training Corps
program is available, or some individual or committee designated by such
person,
shall receive and register the names of all eligible recipients applying
for the scholarships set forth in Section 30-16.3. Applicants shall take
an examination each year according to the rules prescribed jointly by the
President of the University of Illinois, the President of Southern Illinois
University, the President of Chicago State University, the President of
Eastern Illinois University, the President of Governors State University, the
President of Illinois State University, the President of Northeastern Illinois
University, the President of Northern Illinois University, and the President of
Western Illinois University. The
scholarships shall be awarded on a merit basis to those eligible recipients
receiving the highest grades with evidence of leadership ability, and the
number of scholarships to be awarded in any institution shall be as set
forth in Section 30-16.3.
(Source: P.A. 89-4, eff. 1-1-96.)
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(105 ILCS 5/30-17) (from Ch. 122, par. 30-17)
Sec. 30-17.
Revocation of Scholarship Because of Misconduct.
If the holder of any scholarship funded in whole or in part by this
State, whether granted by the State Scholarship Commission, granted
pursuant to any of Sections 30-1 through 30-16.6 or otherwise granted by
any State supported college or university and whether used at a
State-supported institution of higher learning or at a private institution,
participates in any disorderly disturbance or course of conduct directed
against the administration or policies of such an institution using means
which are not protected by the constitution of this State or of the United
States, his scholarship is thereupon revoked and no further payments under
that scholarship may be made to him or on his behalf, notwithstanding any
other provision to the contrary.
The initial determination as to whether the means employed in a course
of conduct are not protected by the Constitution of this State or of the
United States shall be made by the chief executive officer of the
institution at which the scholarship recipient is enrolled. No revocation
shall take place until the recipient of the scholarship to be revoked is
afforded the opportunity to present evidence against revocation to the
chief executive officer or his representatives, either in person, in
writing, or by counsel of his choice.
(Source: P.A. 76-1580.)
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(105 ILCS 5/30-17.1) (from Ch. 122, par. 30-17.1)
Sec. 30-17.1.
Scholarships-Draft Registration.
Each applicant for any
student financial aid funded in whole or in part by this State, whether
granted by the Illinois Student Assistance Commission, granted pursuant to
any of Sections 30-1 through 30-16.6 or otherwise granted by any State
supported college or university, and whether to be used at a State
supported institution of higher learning or at a private institution, shall
submit to the institution he or she is attending Selective Service
registration compliance documentation as required by Part 668 of Title 34
of the Code of Federal Regulations. If an applicant for or holder of any
such student financial aid fails to submit documentation in the manner and
within the time allowed, any pending application of such person for the
award, grant, or renewal of any such student financial aid shall be denied,
and any such student financial aid currently held by such person shall be
revoked to the extent that no further payments under that student financial
aid may be made. Procedures for notification and administrative review
shall be consistent with Part 668 of Title 34 of the Code of Federal Regulations.
(Source: P.A. 86-169.)
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(105 ILCS 5/Art. 31 heading) ARTICLE 31.
FRATERNITIES--SORORITIES
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(105 ILCS 5/31-1) (from Ch. 122, par. 31-1)
Sec. 31-1.
Definition.
A public school fraternity, sorority or secret society, in this Article
means any organization, composed wholly or in part of public school pupils,
which seeks to perpetuate itself by taking in additional members from the
pupils enrolled in such school on the basis of the decision of its
membership rather than upon the free choice of any pupil in the school who
is qualified by the rules of the school to fill the special aims of the
organization.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/31-2) (from Ch. 122, par. 31-2)
Sec. 31-2.
Inimical to public good.
Any public school fraternity, sorority or secret society is inimical to
the public good.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/31-3) (from Ch. 122, par. 31-3)
Sec. 31-3.
Suspension or expulsion of members, pledges and solicitors.
The governing body of any public school shall suspend or expel any pupil
who is a member of or joins or promises to join, or who becomes pledged to
become a member of, or who solicits any other person to join, promise to
join or be pledged to become a member of any public school fraternity,
sorority or secret society.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/31-4) (from Ch. 122, par. 31-4)
Sec. 31-4.
Solicitation unlawful-Penalty.
It is unlawful for any person not enrolled in any public school of this
State to solicit any pupil enrolled therein to join or pledge himself or
herself to become a member of any public school fraternity, sorority or
secret society or to solicit any such pupil to attend a meeting thereof or
any meeting where the joining of any such fraternity, sorority or secret
society is encouraged. Whoever violates this section shall be guilty of a
petty offense and fined not less than $25 nor more than $100.
(Source: P.A. 77-2267.)
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(105 ILCS 5/31-5) (from Ch. 122, par. 31-5)
Sec. 31-5.
Not
applicable to universities.
The provisions of this Article do not apply to fraternities, sororities
or secret societies in any State University nor to students thereof in
their relations to such organizations in these institutions.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/Art. 32 heading) ARTICLE 32.
SPECIAL CHARTER DISTRICTS
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(105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
Sec. 32-1. May vote to organize under general law.
(a) Any special charter district may, by vote of its electors, cease to
control its school under the Act under which it was organized, and become part
of the school township or townships in which it is situated. Upon petition of
50 voters of the district, presented to the board having the control and
management of the schools, the board shall order submitted to the voters at an
election to be held in the district, in accordance with the general election
law, the question of "organizing under the general school law".
The secretary of the board shall make certification to the proper election
authority in accordance with the general election law. If, however, a
majority of the votes cast at any such election in any school district subject
to Sections 32-3 through 32-4.11 is against organizing the district under
the general school law, the question may not again be submitted in the district
for 22 months thereafter, and then only upon petition signed by at least 2% of
the voters of the school district. Notice shall be given in accordance with
the general election law, which notice shall be in the following form:
NOTICE OF REFERENDUM
Notice is hereby given that on (insert date), a referendum will be held at.... for the purpose of deciding the
question of organizing under the general school law. The polls will be opened
at .... o'clock ..m and closed at .... o'clock ..m.
Signed .....
If a majority of the votes cast on the proposition is in favor of organizing
under the general school law, then the board having the control and management
of schools in the district, shall declare the proposition carried.
When such a proposition is declared to have so carried, the board of
education shall continue to exercise its powers and duties under the general
school law. Each member of the board of education selected under the provisions
of the special charter shall continue in office until his term has expired.
Before the term of each of these members expires, the board shall give notice
of an election to be held on the date of the next regular school election, in
accordance with the general election law to fill the vacancy which is created.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located a receipt
from the county clerk showing that the candidate has filed a statement of
economic interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the calendar year
in which his nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
(b) Notwithstanding the foregoing, any special charter district whose board
is appointed by the mayor or other corporate authority of that municipality
may, by resolution adopted by the corporate authorities of that municipality
cease to control its school under the Act under which it was organized,
become a part of the school township or townships in which it is situated
and become organized under the general school law. If such a resolution
is adopted, the board of education shall continue to exercise its powers
and duties under the general school law. Each member of the board of education
selected under the provisions of the special charter shall continue in office
until his term has expired. Before the term of each of these members expires,
the board shall give notice of an election to be held on the date of the
next regular school election, in accordance with the general election law
to fill the vacancy which is created.
(Source: P.A. 98-115, eff. 7-29-13.)
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(105 ILCS 5/32-1.1) (from Ch. 122, par. 32-1.1)
Sec. 32-1.1.
Election and powers of board - No provision in special act.
In all special charter districts maintaining schools under any general school
laws, where there is no provision in the special Acts creating such districts
for the election of boards of education as otherwise provided, there shall
be elected, in lieu of the school directors as now provided, a board of
education, to consist of 7 members to be elected at the time and in the
manner as provided by the general election law for the
election and qualification of boards of education in other cases. In any
district having a population of more than 100,000 but less than
2,000,000
such board may be increased in size to 11 members upon adoption by a majority
of electors residing in the district and voting on the question in a referendum
as provided in this Section. Such question shall be submitted to the electors
at an election upon a resolution adopted by the Board. Members
shall be elected biennially in the school district, whose term of office
shall be 4 years,
and there shall also be elected in each odd-numbered year
a president of the board. Following the first such election, those members
elected, other than the president, shall, by lot, determine 3 to serve 2
years and 3 to serve 4 years; thereafter, all terms shall be 4 years. In
other cases, however, if 4 members, other than the president, are elected
in 1983, then those elected shall, by lot, determine one to serve for 2
years and 3 to serve 4 years; thereafter all terms shall be 4 years. In
neither case shall such determinations affect the biennial selection of
the president. At the first regular school election after
the adoption by the district electors of a question as provided in this
Section increasing the size of the board in those districts entitled to
exercise an option for and elect an 11 member board, 4 additional members
shall be elected and shall determine by lot 2 to serve for 2
years and 2 for 4 years.
Their successors shall serve for a 4 year term. In case of
an 11 member board already in existence, if 7 members, other than the
president,
are elected in 1983 then those members elected shall, by lot determine one
to serve 2 years and 6 to serve 4 years. Terms thereafter shall be 4 years.
The board of education shall have all the powers and duties of trustees
of schools in school townships and the powers and duties of boards of education
in districts having a population of not fewer than 1,000 and not more than
500,000 as provided by this Act.
The day upon which the election provided for in this section is to be held
is subject to the provisions of the general election law.
(Source: P.A. 86-225.)
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(105 ILCS 5/32-1.2) (from Ch. 122, par. 32-1.2)
Sec. 32-1.2.
Powers of election boards.
A school board of any special charter district that is elected by the
voters shall have the powers and duties of school trustees.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-1.3) (from Ch. 122, par. 32-1.3)
Sec. 32-1.3.
Determination to elect-Election-Powers.
Any special charter district having a population of not less than 1,000
and not over 20,000, may, by vote of its electors, determine to elect,
instead of the directors or other governing or managing board now provided
for by the special Act under which it was organized, a board of education
which shall be elected at the time and in the manner and have the powers
conferred upon boards of education of districts under this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-1.4) (from Ch. 122, par. 32-1.4)
Sec. 32-1.4.
Petition - referendum - election of board.
Upon petition
of 50 voters of any district as defined in Section 32-1.3 presented to the
board having the control and management of schools, the board shall, at
the next regularly scheduled election held in such district cause to be
submitted to the voters thereof, in accordance with the general election
law, the proposition of "electing a board of education having the powers
conferred upon such boards in districts organized under The School Code".
The board shall publish notice of such election, in the manner provided by the
general
election law, which notice may be in the following form:
Public notice is hereby given that on (insert date), a referendum will be
held at ...., between the hours of ...
..m. and ... ..m. of said day for the purpose of deciding the
question of "electing a board of education having the powers conferred upon
such boards in districts organized under the School Code".
If a majority of the votes cast is in favor of the proposition, then at
the time of the next regular election for boards of education, there shall
be elected a board of education for the district.
(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/32-1.5) (from Ch. 122, par. 32-1.5)
Sec. 32-1.5.
Election of board of education.
Any special charter district
may, by vote of its electors, determine to elect, instead of the managing
board provided for by its special charter, a board of education which shall
be elected at the time and in the manner as boards of education under Article
10 of this Act; but such determination shall not affect any other powers
or duties conferred or imposed by the special charter.
Upon petition of 10% or 200 of the voters, whichever is less, of any such
district requesting a referendum therefor, presented to the managing board
thereof, the board shall, or upon its own initiative if no such petition
has been presented the board may order submitted to the voters at the next
regular election, in accordance with the general election law, a proposition
to elect a board of education of 3 or 5 or 7 members, as the case may be.
The proposition shall be substantially as follows:
Shall school district.... be governed by a board of education of.... members YES to be elected at the time and in the manner as boards of education under Article 10 NO of the School Code?
If more than one proposition is properly presented to the board, the one
first presented shall be submitted to the electors.
If such proposition receives a majority of all valid votes cast thereon,
the change in membership shall
be effectuated at the next succeeding regular school election. In the conduct
of such election, the managing board shall take such measures as may be
necessary to arrange for the election of a board of 3, 5, or 7 members,
as the case may be. The new board shall be organized as provided in Article
10 of this Act, except that, if only 5 members are
to be elected, 2 (instead of 3) shall be selected by lot for a
2 year term, and if only 3 members are to be elected, then one
shall be selected by lot for a 2 year term. In case of a 5 member board already
established, if 4 are elected in 1983, then those elected shall by lot
determine 2 to serve 2 years and 2 to serve 4 years. All successors, except
to fill vacancies, shall be elected for terms of 4 years.
In the case of a 5 member board already established, on which the members
serve 5 year terms, the member elected in 1981 shall serve a 6 year term.
The 2 members elected in 1983 shall serve 6 year terms. The 2 members elected
in 1985 shall also serve 6 year terms. All successors, except to fill vacancies,
shall be elected for terms of 6 years.
As soon as the first new board is organized, the terms of all members of
the predecessor board shall terminate.
In any such school district which determines to elect a new board of education
as hereinabove authorized, the number of members on the board may thereafter
be changed by following the procedure hereinabove set forth.
At least 22 months must elapse after the date of an election
under this section before any of the above propositions may be again submitted
to the electors.
(Source: P.A. 81-1490.)
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(105 ILCS 5/32-1.6) (from Ch. 122, par. 32-1.6)
Sec. 32-1.6.
School board districts.
Section 9-22 applies to all special charter districts as well as those
organized under the general school law.
(Source: P.A. 78-536.)
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(105 ILCS 5/32-2.1) (from Ch. 122, par. 32-2.1)
Sec. 32-2.1.
Boards to which preceding section applicable.
The provisions of Section 32-2 shall apply to the board of school
inspectors of the City of Peoria and to all other boards of directors,
boards of education, and boards of school inspectors existing under any
special school charter heretofore granted by the State.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)
Sec. 32-2.5. Election of board of education in lieu of appointive board. In all special charter districts having a population of over 35,000 by the
last federal census, where the board of directors or board of education
is elected or appointed by the city council of the city, of which school
district such city may form the whole or a part, and where there are no
provisions in the special charter creating such school district for the
election of a board of directors or board of education, there shall be elected
in lieu of the present governing body a board of education to consist of
7 members. Nomination of a candidate for member of the board of education
shall be made by petitions signed in the aggregate by not less than 200
qualified voters residing in the school district, and also by filing with
the petitions a statement of candidacy as provided in the general election
law, which petitions and statements
of candidacy shall be filed in the office of the board of education in
accordance with the general election law.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located a receipt
from the county clerk showing that the candidate has filed a statement of
economic interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the calendar year
in which his nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
The county clerk or the county board of election commissioners shall make certification to the proper election
authority in accordance with the general election law.
(Source: P.A. 98-115, eff. 7-29-13.)
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(105 ILCS 5/32-2.6) (from Ch. 122, par. 32-2.6)
Sec. 32-2.6.
Election - vacancies - names on ballots.
All elections in school districts described in Section 32-2.5 shall
be conducted in accordance with the provisions of the general election law.
If any member of the board of
education is disqualified to hold office, the board of education may, by
resolution, declare the office vacant, and provide for an appointment
to fill the vacancy until the next election
for members of the board of education. The nomination and
election of a candidate thereupon to fill the vacancy shall be made in the same
manner as the nomination of a candidate for a regular term, as
hereinbefore provided, except that there shall be printed on the ballot
that the election is for a certain number of persons for a certain
number of years to fill a vacancy. The names of all candidates for member of such board
of education shall be printed on the ballot in alphabetical order
according to their surnames.
(Source: P.A. 80-1469.)
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(105 ILCS 5/32-2.10) (from Ch. 122, par. 32-2.10)
Sec. 32-2.10.
Application of law.
In all special charter districts of this State having a population of not
more than 50,000 lying wholly or in part within any city, village, or incorporated
town, the school directors or members of the board of education,
as provided in the special charter, shall be elected at elections held as
provided by the general election law, and all
propositions pertaining to said school districts required to be submitted
to the voters thereof shall be voted upon at elections held as provided
in the general election law.
(Source: P.A. 81-1490.)
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(105 ILCS 5/32-2.11) (from Ch. 122, par. 32-2.11)
Sec. 32-2.11.
Election of board members.
In every city whose schools have
been operating under special Acts and are governed by a board of school
inspectors where such city, together with territory added thereto for school
purposes, includes 2 districts for the purpose of electing 6 inspectors
(3 in each district) and 1 district for all other school purposes, there
shall continue to be elected a board of school inspectors, consisting of
6 members (3 in each district) and 1 inspector at large who shall be chosen
for a term of 4 years. If 4 inspectors, excluding the inspector
at large, are elected in 1983, those selected shall by lot determine one
inspector to serve for 2 years and 3 for 4 years. Thereafter all terms
shall be for 4 years.
(Source: P.A. 81-1490.)
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(105 ILCS 5/32-2.12) (from Ch. 122, par. 32-2.12)
Sec. 32-2.12.
Time for election of board members.
In all special charter districts, the regular election of members
of such boards shall hereafter be held on the date set for
school elections
as provided in the general election law in
odd numbered years.
(Source: P.A. 81-1490.)
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(105 ILCS 5/32-2.13) (from Ch. 122, par. 32-2.13)
Sec. 32-2.13.
No annexation accomplished pursuant to Section 7-2.1 shall
affect the method of selection of the board of the special charter district
as otherwise provided by law excepting in those instances where the special
charter has an appointive school board appointed solely within the
boundaries of a municipality within such special charter school district;
in those instances where there are voters living within the school
district, but outside the municipality, the county superintendent of
schools having supervision over the greatest portion of the territory of
the special charter district shall appoint one additional member to the
board of education of the special charter district effective with the date
and for the term for which other appointments to the special charter board
are effective; provided, further, that during any period the number of
voters living within such school district but outside the municipality
exceeds a quotient determined by dividing the total number of voters living
in the municipality by the number of school board members appointed within
said municipality, the county superintendent shall appoint one additional
school board member for each time such quotient is equaled.
(Source: P.A. 82-783.)
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(105 ILCS 5/32-3) (from Ch. 122, par. 32-3)
Sec. 32-3.
Law
governing appointment.
Where, by the provisions of any general or special law, the members of
the city council of any city have been made ex-officio school directors or
members of the board of education for the school district of which the city
constitutes the whole or a part, the school directors or members of the
board of education shall be appointed as provided in Section 32-3.1.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-3.1) (from Ch. 122, par. 32-3.1)
Sec. 32-3.1.
Nomination by mayor-President of board.
The mayor of any city described in Section 32-3, at the first regular
meeting of the city council, after each annual municipal election and after
his installation into office, shall nominate and place before the council
for confirmation as school directors or members of the board of education,
as the case may be, 1 person from each ward of the city to serve for 2
years and 1 person from the city at large to serve for 1 year. If the
persons so appointed are confirmed by a majority vote of the city council,
to be entered of record, such persons shall constitute the board of
education or school directors for the district. The person appointed from
the city at large for 1 year shall be president of the board of education
or school directors but shall have no vote except in case of a tie.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-3.2) (from Ch. 122, par. 32-3.2)
Sec. 32-3.2.
City of 45,000-Number of members-Nomination-Vacancy.
In any city, however, having a population of 45,000 or more,
constituting a school district to which Sections 32-3 to 32-4.11,
inclusive, are applicable, the board of education shall consist of 11
persons who shall be nominated by the mayor from the city at large and
confirmed by a majority vote of the city council, 1 of which persons shall
be designated by the mayor as the president of the board of education. The
president shall have no vote except in case of a tie. 5 Members of the
board of education and such person as may be designated as the president
thereof shall be nominated by the mayor and placed before the city council
for confirmation at the first regular meeting of the city council after the
mayor's installation into office, and upon confirmation by the council
shall hold their offices for 2 years and until their successor shall be
chosen as herein provided. The remaining 5 members of the board of
education shall be nominated by the mayor and placed before the city
council for confirmation at the first regular meeting of the city council
next after 1 year from the date of the mayor's installation into office,
and upon confirmation by the council shall hold their offices for 2 years
and until their successors shall be chosen as herein provided. If a vacancy
occurs in the board of education, the mayor shall nominate and place before
the city council for confirmation at a regular meeting thereof some person
to fill the vacancy, and upon confirmation by the city council, the person
so nominated shall hold the office during the remainder of the term for
which his predecessor was appointed.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-3.3) (from Ch. 122, par. 32-3.3)
Sec. 32-3.3.
Organization and powers of board.
The board members appointed under Section 32-3.1 to 32-3.2 shall, as
soon as practicable after their appointment, organize by electing 1 of
their number secretary, who shall hold his office for 1 year.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-3.5)
Sec. 32-3.5. Student board member. The governing board of a special charter district may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05.) |
(105 ILCS 5/32-4) (from Ch. 122, par. 32-4)
Sec. 32-4.
Powers of board.
The board of inspectors referred to in Section 32-2.11 may, in addition
to the powers conferred upon it by special law and the applicable
provisions of this Act, employ teachers, janitors and such other employees
as it deems necessary and fix the amount of their compensation; buy or
lease sites for schoolhouses, with the necessary grounds; build, erect,
lease or purchase buildings suitable for school purposes; repair and
improve buildings and furnish them with the necessary supplies, fixtures,
apparatus, libraries and fuel; and may lease school property, when not
needed for school purposes, for a term of not longer than 99 years from the
date of the granting of the lease. All such leases shall provide for
revaluation privileges at least once in every 20 years.
In case the school board and the lessee cannot agree on revaluation and
a new rent, the same shall be determined in the following manner: 3 arbitrators
shall be appointed, 1 by the school board, 1 by the
lessee, and 1 by the arbitrators appointed by the school board and the
lessee. The 3 arbitrators, or a majority of them, shall fix and determine
the revaluation and the new rent and their decision or a decision of a
majority of them shall be final.
When, in the opinion of the school board,
a school site, building, or site with building thereon, or any other real
estate of the district, has become unnecessary or unsuitable or
inconvenient for a school, or unnecessary for the uses of the district and
the school board decides to sell the same,
unless the property is to be sold to a tenant that has leased the
property for 10 or more years and that tenant is a non-profit agency, the
school board shall give notice of the sale
stating the time and place the sale is to be held, the terms of the sale
and a description of the property to be sold. The notice shall be published
in a newspaper of general circulation published in the district, or if
none, in the county in which the district is situated, such notice to be
published once each week for 3 successive weeks, and the first publication
to be at least 30 days prior to the day the sale is to be held. Unless the
school board holds legal title to the property, the school
board shall notify the trustees of schools of the terms upon which the school
board
desires the property to be conveyed. The school board or trustees of
schools holding legal title to the property shall convey the property in
accordance with the terms fixed by the school board.
The deed of
conveyance shall be executed
by the president and secretary or clerk of the school board or trustees of
the school holding legal title to the property and the proceeds if any shall be
paid
to the school treasurer for the benefit of the district.
In the case of a sale of property to a tenant that has leased the
property for 10 or more years and that is a non-profit agency, an
appraisal is required prior to the sale. If the non-profit agency purchases
the property for less than the appraised value and subsequently sells the
property, the agency may retain only a percentage of the profits that is
proportional to the percentage of the appraisal,
plus any improvements made by the agency while the agency was the
owner,
that the agency paid in the
initial sale.
The remaining portion of the profits made by the non-profit agency
shall revert to the school district.
(Source: P.A. 92-365, eff. 8-15-01.)
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(105 ILCS 5/32-4.1) (from Ch. 122, par. 32-4.1)
Sec. 32-4.1.
Annual tax levy - Township treasurer custodian.
The board of school inspectors of districts described in Section 32-2.11
may levy a tax, annually, upon all of the taxable property of the
district, in the manner provided by Sections 17-2 through 17-9, and in
accordance with the powers conferred by Section 32-4. All moneys raised by
taxation for school purposes, or received from the common school fund or
any other source, or held or collected for school purposes, shall be paid
to and held by the school treasurer as a special fund for school purposes,
subject to the order of the board of school inspectors upon warrants signed
by the president and secretary thereof or a majority of the board.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.2) (from Ch. 122, par. 32-4.2)
Sec. 32-4.2.
Leasehold revenue bonds.
The board of inspectors of districts described in Section 32-2.11 in
addition to all other powers conferred upon it by special law and the
applicable provisions of this Act, may borrow money for the purpose of
building schoolhouses, or repairing, altering or building additions to any
schoolhouses already erected, or purchasing schoolhouse sites, or
purchasing land outside the school district pursuant to the provisions of
Section 22-16 and as evidence of the indebtedness may issue revenue bonds
in denominations of not less than $100 nor more than $1,000 payable solely
from rentals or other revenue to be derived from any lease of school
property made by said board of inspectors in accordance with the power
conferred by Section 32-4. Said bonds shall be negotiable instruments and
shall bear interest at a rate not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, payable
semi-annually, and shall mature at or prior to the expiration of the term
of said lease, provided that in any event all such bonds shall mature
within 40 years from the date of said bonds. Said bonds shall not
constitute a general obligation of the school district and may be issued in
addition to all other bonds which the school district is now or hereafter
may be authorized to issue. Said bonds shall not constitute an indebtedness
of the school district within the meaning of any constitutional or
statutory limitation.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/32-4.3) (from Ch. 122, par. 32-4.3)
Sec. 32-4.3.
Resolution.
Said bonds shall be sold in such manner and upon such terms not
inconsistent with the provisions hereof as the board of inspectors shall
determine by resolution authorizing the issuance of said bonds. The
resolution may contain such covenants and restrictions upon the issuance of
additional revenue bonds thereafter as may be deemed necessary or advisable
for the assurance of the payment of all revenue bonds previously issued and
secured by the rentals and other revenue from any lease upon the same
school property. The resolution shall pledge the rentals and other revenue
from said school property for the purpose of paying the cost of operation
and maintenance of said school property, providing an adequate depreciation
fund, and paying the principal of and interest on bonds issued pursuant
thereto and shall provide for the deposit of all rentals and other revenue,
as received, in a special fund to be used only for the purpose of paying
the cost of operating and maintaining said school property, providing an
adequate depreciation fund, and paying the principal of and interest on
said bonds.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.4) (from Ch. 122, par. 32-4.4)
Sec. 32-4.4.
Publication - Referendum on petition.
Within 10 days after
this resolution has been adopted by the board of inspectors it shall be
published at least once in 1 or more newspapers published in the school
district, or if no newspaper is published in such school district, then in
1 or more newspapers with a general circulation therein. The publication of
the resolution shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the resolution be submitted to the electors of the school district; (2) the
time in which such petition must be filed; and (3) the date of the
prospective referendum. The secretary of the Board of inspectors shall
provide a petition form to any individual requesting one. If no petition is
filed with the secretary of the board of inspectors as hereinafter provided
in this Section within 30 days after the publication of the resolution, or
if any and all petition filed are invalid, the resolution shall be in
effect immediately upon the expiration of that 30 day period. But if within
that 30 day period a petition is filed with the secretary, signed by voters
residing within the school district equal to 10% or more of the number of
registered voters in the district, asking that the question of issuing
revenue bonds as provided in said resolution be submitted to the voters of
the school district, the board of inspectors of the school district shall
certify the proposition of issuing revenue bonds as described in said
resolution to the proper election authorities for submission to the
electors in accordance with the general election law. If a majority of the
voters voting upon the question voted in favor of the issuance of said
revenue bonds, then the resolution shall be in effect, but if a majority of
the voters voting upon the question are not in favor thereof, the
resolution shall not take effect.
(Source: P.A. 87-767.)
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(105 ILCS 5/32-4.5) (from Ch. 122, par. 32-4.5)
Sec. 32-4.5.
Signing, attestation, numbering and registration.
All bonds issued pursuant to the authority of sections 32-4.2 to 32-4.5,
inclusive, shall be signed, attested, countersigned, numbered, and
registered and disposition thereof made pursuant to the provisions of
section 32-5.9.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6)
Sec. 32-4.6. Title, care and custody of property; supervision and control. The title, care and custody of all schoolhouses and school sites
belonging to districts that are described in Section 32-2.11 and that are
not districts whose school boards under subsection (a) of Section 10-22.35B of this Code are to
hold legal title to school buildings and school sites of the district shall
be vested in the
trustees of schools of the townships in which the districts are situated, but the supervision
and control of such schoolhouses and sites shall be vested in the board of
inspectors of the districts.
In all other cases, the legal title, care, custody and control of school
houses and school sites belonging to districts that are described in Section
32-2.11, together with the supervision and control of those school houses and
sites, shall be vested in the board of inspectors of the districts.
(Source: P.A. 100-374, eff. 8-25-17.)
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(105 ILCS 5/32-4.7) (from Ch. 122, par. 32-4.7)
Sec. 32-4.7.
Change of boundaries.
The trustees of schools of townships in which districts described in
Section 32-2.11 are situated may change the boundaries of such school
districts when petitioned as provided by this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.8) (from Ch. 122, par. 32-4.8)
Sec. 32-4.8.
Powers of boards - Bond of treasurer.
The board of education of a school district described in Section 32-2.5
shall have all the powers of trustees of schools in school townships and
all the powers of boards of directors, and boards of education elected by
virtue of this Act, and shall also have power to elect and appoint a
secretary for such board, who shall attend all its meetings and keep an
accurate record of all proceedings of the board and shall also have power
to appoint a treasurer for the district whose term of office, duties and
obligations shall be the same as a treasurer appointed by the trustees of
schools, except that the treasurer appointed under this section shall not
be obliged to keep a record of the proceedings of the board. The treasurer
shall, before entering upon his duties, execute a bond in such amount and
with such sureties to be approved by the board of education, and containing
such provisions, as provided in Section 8-2 for the bonds of treasurers
appointed by trustees of schools; provided, however, the board of education
of a school district described in Section 32-2.5 shall not be required to
submit to the voters the propositions of selecting school sites, purchasing
school sites and building school buildings, as provided by any other
section of this Act, but shall have power in its discretion to select and
purchase school sites and build, repair, alter and build additions to any
school buildings which is deemed necessary and in the interests of the
district, and the power to issue bonds and the procedure to be followed in
the issuance of bonds shall be governed by the provisions of Sections 32-5.6 to
32-5.9 inclusive.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.9) (from Ch. 122, par. 32-4.9)
Sec. 32-4.9.
Powers and duties of board members.
All rights, powers and duties heretofore exercised by and devolved upon
the members of the city council, as ex-officio member of the board of
education, or school directors, shall devolve upon and be exercised by the
members of the board of education and school directors appointed under the
provisions of this Article.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.10) (from Ch. 122, par. 32-4.10)
Sec. 32-4.10.
Amount to be raised-Tax levy.
In all school districts to which Sections 32-3 to 32-4.11, inclusive,
apply the school boards shall annually, before August 1, certify to the
city council under the signatures of the president
and secretary of
the board, the amount of money required to be raised by taxation for school
purposes in the district for the ensuing year, and the city council shall
thereupon cause the amount to be levied and collected in the manner now
provided by law for the levy and collection of taxes for school purposes in
the district, but the amount to be so levied and collected shall not exceed
the amount now allowed to be collected for school purposes by this Act.
When such taxes have been collected and paid over to the treasurer of the
city or school district, as may be provided by the terms of the Act under
which the district has been organized, such funds shall be paid out only on
the order of the board of education or school directors, signed by the
president and secretary.
(Source: P.A. 84-550.)
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(105 ILCS 5/32-4.10a)
Sec. 32-4.10a. (Repealed).
(Source: P.A. 77-4. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/32-4.11) (from Ch. 122, par. 32-4.11)
Sec. 32-4.11.
Tax
anticipation warrants.
Whenever there is no money in the hands of the treasurer of any school
district to which Sections 32-2 to 32-4.11, inclusive,
shall apply, to defray the necessary expenses of such district, including
amounts necessary to pay maturing principal and interest of bonds, it is lawful
for the school board of
the district to draw and issue warrants against and
in
anticipation of any taxes already levied for the payment of the necessary
expenses of the district, either for transportation, educational or for
all operations, building and maintenance purposes, or for payments to
the Illinois Municipal Retirement Fund, or for the payment of maturing principal
and interest of bonds, as the case may be, to the extent
of 85% of the total amount
of any such taxes levied. The warrants shall show upon their face that they
are payable solely from said taxes when collected, and shall be received by
any collector of taxes in payment of the taxes against which they are
issued. The taxes against which the warrants are drawn shall be set apart
and held for their payment. Every warrant shall bear interest, payable only
out of the taxes against which it shall be drawn, at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued before
January 1, 1972 and not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued after January 1, 1972, from
the date of its issuance until
paid, or until notice is given by publication in a newspaper or otherwise
that the money for its payment is available and that it will be paid upon
presentation.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/32-4.12) (from Ch. 122, par. 32-4.12)
Sec. 32-4.12.
Sale of real estate-Use of proceeds.
The board of education of any special charter district may sell and
dispose of any real estate conveyed to it by any city for school purposes
and use the proceeds derived from the sale thereof for school building
purposes or for the purchase of other real estate for such purposes.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.13) (from Ch. 122, par. 32-4.13)
Sec. 32-4.13.
Eminent domain.
Whenever any school district existing by virtue of any special charter
and governed by any or all such special charter or special school laws of
this State, and having a population of fewer than 500,000 inhabitants,
requires any lot or parcel of land situated within the district for a site
for a school building or for an addition to any school building already
erected and used for school purposes, or requires any lot or parcel of land
situated within such school district for the purpose of a playground for
school children, and the compensation for such lot or parcel of land cannot
be agreed upon between the owner or owners of such lot or parcel of land
and the corporate authority managing and controlling the public schools of
such district it is lawful for the corporate authority of the district to
acquire such lot or parcel of land and have the compensation to be paid
therefor determined in the manner provided by law for the exercise of the
right of eminent domain.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.14) (from Ch. 122, par. 32-4.14)
Sec. 32-4.14.
Issuance of orders.
The corporate authorities of any special charter district having a
population of less than 500,000 may issue and deliver at least once each
month to the teachers and employees of the district orders on the treasurer
of the district in payment of their salaries. Such orders shall state the
rate of compensation and time for which the teacher or employee is paid and
an order so issued, properly endorsed and paid in full shall be sufficient
receipt for the purpose of this and the succeeding section. The corporate
authorities shall issue no order except an order for the payment of wages
of teachers and employees unless at the time of its issuance there are
sufficient funds in the hands of the treasurer to pay it.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.15) (from Ch. 122, par. 32-4.15)
Sec. 32-4.15.
Form of orders.
Every order issued by the corporate authorities of a district as
described in Section 32-4.14 shall state for what purpose and on what
account it is issued, and shall be in the following form:
STATE OF ILLINOIS
$....... No. ....
To the Treasurer of .... School District, .... County, Illinois.
Pay to the order of .... the sum of .... Dollars ($....)
for .....
By order of the Board of Education (or Board of School Inspectors) of
.... School District, .... County, Illinois.
....(President)
....(Clerk)
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-4.16) (from Ch. 122, par. 32-4.16)
Sec. 32-4.16.
Cities, villages and towns-Levy made by board of education.
Where a school district was organized as a special charter district of a
city, village, or town, and where such district has an elective board of
education of either 5 or 7 members, and of which board the mayor of the
city, village or town is not ex officio a member, it is not necessary for
such board of education to present an annual financial report to the city,
village or town council, or board of trustees, nor a statement as to the
amount of money necessary to be raised by taxation for school purposes for
the ensuing school year and the council or board of trustees, as the case
may be, shall not make the levy for school purposes but the board of
education shall make the levy for school purposes for such district.
The certificate of such levy shall be made at the time and, as near as
may be, in the form and manner provided in Section 17-11.
(Source: P.A. 77-490.)
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(105 ILCS 5/32-5) (from Ch. 122, par. 32-5)
Sec. 32-5. Bond issues - district boundaries coextensive with city. For the purpose of building or repairing schoolhouses or purchasing
or improving school sites, including the purchase of school sites
outside the boundaries of the school district and building school
buildings thereon as provided by Section 10-20.10 of this Act, any
special charter district governed by a special charter, and special or
general school laws, whose boundaries are coextensive with or greater
than the boundaries of any incorporated city, town or village, where
authorized by a majority of all the votes cast on the proposition may
borrow money and as evidence
of the indebtedness, may
issue bonds in denominations of not less than $100 nor more than $1,000,
for a term not to exceed 20 years bearing interest at a rate not to
exceed the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, payable annually,
semi-annually, or quarterly,
signed by the president and secretary of the school board of the
district; provided, that the amount borrowed shall not exceed, including
existing indebtedness, 5% of the taxable property of such school
district, as ascertained by the last assessment for State and county
taxes previous to incurring such indebtedness.
With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989 (the effective date of Public Act 86-4), it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 99-642, eff. 7-28-16.)
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(105 ILCS 5/32-5.1) (from Ch. 122, par. 32-5.1)
Sec. 32-5.1.
Registration, numbering and countersigning.
All bonds authorized by Section 32-5, before being issued, negotiated
and sold, shall be registered, numbered and countersigned by the treasurer
of the school district. The registration shall be made in a book in which
shall be entered the record of the election authorizing the school district
to issue bonds, and a description of the bonds issued, including the
number, date, amount, rate of interest and when payable.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-5.2) (from Ch. 122, par. 32-5.2)
Sec. 32-5.2.
Moneys paid into treasury - Delivery of bonds - Records.
All moneys borrowed by virtue of Section 32-5 shall be paid into the
treasury of the school district. Upon receiving the moneys, the treasurer
shall deliver the bonds issued therefor to the persons entitled to receive
them, and shall credit the amount received to the district. The treasurer
shall record the amount received for each bond issued, and when any bond is
paid the treasurer shall cancel it and enter in the register opposite the
record of the bond the words "paid and cancelled" and
the date of the payment.
(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/32-5.3) (from Ch. 122, par. 32-5.3)
Sec. 32-5.3.
Election - Notice - Judges.
Whenever it is desired to hold a referendum for the purpose of
borrowing money as provided by Section 32-5, the school board of the
district in which the proposition is to be held shall
adopt a resolution ordering the referendum and shall certify the proposition
to the proper election authorities who shall submit the proposition at a
regular scheduled election in accordance with the general election law.
(Source: P.A. 81-1489.)
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(105 ILCS 5/32-5.5) (from Ch. 122, par. 32-5.5)
Sec. 32-5.5.
Issue of new bonds.
When any school district described in Section 32-5 has heretofore
issued bonds or other evidences of indebtedness, on account of any public
school building, or for any other purpose, which are now binding and
subsisting obligations against such school district and remaining
outstanding, such school district may, upon the surrender of any such bonds
or any part thereof, or other evidences of indebtedness, issue in lieu
thereof, to the holders of the bonds, or to any persons, for money with
which to take them up, new bonds in accordance with the provisions of
Sections 32-5 to 32-5.4, inclusive; provided, such bonds shall not be
issued so as to increase the aggregate indebtedness of such school district
to exceed, including existing indebtedness, 5% of the taxable property of
such school district, to be ascertained by the last assessment for State
and county taxes previous to incurring such indebtedness.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-5.6) (from Ch. 122, par. 32-5.6)
Sec. 32-5.6.
Special charter districts with population less than
500,000 - Authority to borrow money and issue bonds. The corporate
authorities of any special charter district having a population of less
than 500,000 governed by a special charter, or special charter and
general law, may borrow money for the purpose of building schoolhouses,
or repairing, altering and building additions to any schoolhouse already
erected, or purchasing schoolhouse sites or purchasing grounds adjoining
any schoolhouse site, or separated therefrom only by a public street or
way, and shall also include the purchase of school sites outside the
boundaries of the school district and building school buildings thereon
as provided by Sections 10-22.35 and 10-22.36 of this Act, and may
issue its negotiable coupon bonds therefor in such form and such
denominations, payable at such place and at such time or times (not
exceeding 20 years from date of issuance) and bearing interest at such
rate as the corporate authorities may by resolution prescribe. The bonds
shall be in denominations of not less than $100 nor more than $5,000,
and shall bear interest at a rate not to exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, if issued
before January 1, 1972 and not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, if issued after
January 1, 1972, payable semi-annually. No money may be borrowed or
bonds issued, however, unless the proposition to borrow money and issue
bonds for the purpose or purposes and in the amount prescribed in the
resolution is certified to the proper election authorities and submitted
to the voters of the school district at a regular scheduled election
in accordance with the
general election law, and the majority of
all the votes cast on the proposition is in favor thereof. The
corporate authorities may not incur any indebtedness under this Section,
which together with all other outstanding indebtedness, exceeds in the
aggregate the indebtedness limitation under Section 19-1 of this Act
that would be applicable if the district were not a special charter
district.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/32-5.7) (from Ch. 122, par. 32-5.7)
Sec. 32-5.7.
Submission to voters - Notice of election.
Whenever it is desired to submit to the voters of any school district
to which Section 32-5.6 applies the proposition to borrow money and
issue bonds for any or all of the purposes specified in Section 32-5.6,
the school board of such school district
shall adopt a resolution directing that such proposition be submitted
to referendum and the secretary of the board shall certify the proposition
to the proper election authorities for submission to the electors in accordance
with the general election law.
(Source: P.A. 81-1489.)
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(105 ILCS 5/32-5.8) (from Ch. 122, par. 32-5.8)
Sec. 32-5.8.
Ballots.
The proposition
submitted to the voters of any school district to which Sections 32-5.6
to 32-5.9, inclusive, apply shall specify the total
amount of the bonds sought to be issued, and the specific purpose or
purposes for which the bonds shall be issued, and shall be substantially
in the following
form:
Shall bonds or obligations forthe purpose of (state specific YESpurpose) in the sum of $.... beissued by (state whether to be issued by the board of educationor board of school inspectors) NOof....?
(Source: P.A. 81-1489.)
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(105 ILCS 5/32-5.9) (from Ch. 122, par. 32-5.9)
Sec. 32-5.9.
Signature and attestation - Numbering and registration - Delivery of bonds.
All bonds authorized to be issued under Sections 32-5.6 to 32-5.9,
inclusive, before being issued, negotiated and sold shall be signed by the
president of the school board and attested by the secretary and
countersigned by the treasurer of the school board or of the school
district. All of the bonds shall be numbered by such treasurer and
registered in a book. All moneys borrowed under Section 32-5.6 to 32-5.9,
inclusive, shall be paid into the treasury of the school board, or of the
school district, and thereupon the treasurer thereof shall deliver the
bonds therefor to the persons entitled to receive them. The treasurer shall
record the amount for which each bond is issued, negotiated and sold, and
when any bond is paid, he shall cancel it and enter in the register
opposite the record of the bond the date, month and year when it was paid.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-5.10) (from Ch. 122, par. 32-5.10)
Sec. 32-5.10.
Assumption of indebtedness of city for school purposes.
Whenever any city is by special law made a school district, or whenever
any school district created by special law is coterminous with any city,
the directors of the district may, at the request of the city council,
assume and provide for, by borrowing and taxation, any indebtedness created
by the authorities of the city for school purposes.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-6.1) (from Ch. 122, par. 32-6.1)
Sec. 32-6.1.
Territory disconnected from city or village.
Whenever the territorial limits of any special charter district governed
by any or all of the provisions of the special charter coincide with the
territorial limits of (1) any township which is wholly surrounded by any
school district, and (2) any city, town, or village from which any land has
been heretofore or is hereafter disconnected under the provisions of
Section 7-3-6 of the Illinois Municipal Code, as heretofore and hereafter
amended, as the territorial limits of such city, town or village existed
immediately prior to such disconnection, the land disconnected from such
city, town or village shall also be deemed to be disconnected from such
school district and annexed to a school district in the township it
adjoins.
(Source: Laws 1963, p. 923.)
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(105 ILCS 5/32-6.2) (from Ch. 122, par. 32-6.2)
Sec. 32-6.2.
Bonded indebtedness.
The disconnection of any land under Section 32-6.1 shall not exempt it
from taxation for the purpose of paying any bonded indebtedness contracted
prior to the disconnection, but such land shall be assessed and taxed for
this purpose until such indebtedness is completely paid, the same as though
not disconnected. After the disconnection the county clerk of the county in
which such land is situated shall not include such land within the limits
of such school district for any purpose, except as stated herein, but shall
include it within the adjoining district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-7) (from Ch. 122, par. 32-7)
Sec. 32-7.
Form of bond.
The form of bond to be given by any treasurer who
has the custody of funds belonging to any special charter district shall be
substantially in the following form:
We, (AB), principal, and (CD and EF), sureties, all of the County of .... and
State of Illinois, are obligated to the People of the State of Illinois, for
the use of the .... (name of school district) in the penal sum of $...., for
the payment of which to be made, we obligate ourselves, and each of us, our
heirs, executors, administrators, successors, and assigns.
Dated (insert date).
The condition of the above bond is that if the above obligated (AB)
shall perform all the duties which are, or may be required by law to be
performed by him as treasurer of the school district in the time and
manner prescribed, or to be prescribed by law, and when he shall be
succeeded in office and surrender and deliver over to his successor in
office all books, papers, moneys, and other things belonging to the
school district and pertaining to his office, then the above bond to
be void; otherwise, to remain in full force.
It is expressly understood and intended that the obligation of the above
named sureties shall not extend to any loss sustained by the insolvency,
failure, or closing of any bank or savings and loan association organized
and operating either under the
laws of the State of Illinois or the United States wherein such treasurer
has placed the funds in his custody or control, or any part thereof,
provided, such depository has been approved by the (board of education,
board of school inspectors or other governing body of the particular
district) of the .... (name of district).
A B ....
C D ....
E F ....
(Source: P.A. 91-357, eff. 7-29-99.)
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(105 ILCS 5/32-7.1) (from Ch. 122, par. 32-7.1)
Sec. 32-7.1.
Amount of bond.
The amount of the bond prescribed by Section 32-7 shall be fixed by the
governing body of the district but shall not be less than 1/10 of the
maximum amount of all moneys which came into the hands or control of such
treasurer or his predecessors during any fiscal year in the preceding 5
years nor less than 1 1/2 times the largest amount estimated by such
governing body will be in his hands or control at any one time if
individuals act as sureties nor less than the largest amount estimated by
such governing body will be in his hands or control at any one time if the
surety is a surety company authorized to do business in this State.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/32-7.2) (from Ch. 122, par. 32-7.2)
Sec. 32-7.2.
Teachers' orders.
The school treasurer of any special
charter district having a population of less than 500,000 shall pay out no
funds of the district except on an order of the corporate authorities
thereof, signed by the president and clerk, or by a majority of the board.
When an order issued for the wages of any teacher or employee of such
district is presented to the treasurer and is not paid for want of funds,
the treasurer shall endorse it over his signature "not paid for want of
funds", with the date of presentation, and shall make and keep a record of
such endorsement. The order shall thereafter bear interest at the rate
established by the school board of the district, payable annually, not
exceeding the rate authorized from time to time under the Bond
Authorization Act until the treasurer of such district notifies the clerk
in writing that he has funds to pay it, and the treasurer shall keep a
record of such notices and hold the funds necessary to pay such order until
it is presented. The order shall draw no interest after notice
is given to the clerk. Orders presented within 10 days after the notice
is mailed to the clerk shall be payable in the numerical order of their
issuance.
(Source: P.A. 86-715; 86-1161.)
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(105 ILCS 5/32-7.3) (from Ch. 122, par. 32-7.3)
Sec. 32-7.3. Depositaries. The governing body of any special charter district, when requested by
the treasurer or custodian of the funds of the district, shall designate
one or more banks or savings and loan associations in which the funds
in the custody of the
treasurer or custodian may be kept. A bank or savings and loan association
designated as a depositary shall
continue as such until 10 days have elapsed after a new depositary is
designated and has qualified by furnishing the statements of resources and
liabilities as is required by this Section. When a new depositary is
designated, the board of education or other governing body shall notify the
sureties of the treasurer or custodian of that fact, in writing, at least 5
days before the transfer of funds. The treasurer or custodian shall be
discharged from responsibility for all funds which he deposits in a
depositary so designated while such funds are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 100-863, eff. 8-14-18.)
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(105 ILCS 5/Art. 33 heading) ARTICLE 33.
DISTRICTS FROM 100,000 TO NOT MORE THAN 500,000 INHABITANTS
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(105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
Sec. 33-1. Board of Education - Election - Terms. In all school districts,
including special charter districts having a population of 100,000 and not
more than 500,000, which adopt this Article, as hereinafter provided, there
shall be maintained a system of free schools in charge of a board of education,
which shall be a body politic and corporate by the name of "Board of Education
of the City of....". The board shall consist of 7 members elected by the
voters of the district. Except as provided in Section 33-1b of this Act,
the regular election for members of the board shall be held at the consolidated election in odd numbered years and at the general primary election
in even numbered years. The law governing the registration of voters for
the primary election shall apply to the regular election. At the first
regular election 7 persons shall be elected as members of the board. The
person who receives the greatest number of votes shall be elected for a
term of 5 years. The 2 persons who receive the second and third greatest
number of votes shall be elected for a term of 4 years. The person who
receives the fourth greatest number of votes shall be elected
for a term of 3 years. The 2 persons who receive the fifth and sixth greatest
number of votes shall be elected for a term of 2 years. The person who
receives the seventh greatest number of votes shall be elected for a term
of 1 year. Thereafter, at each regular election for members of the board,
the successors of the members whose terms expire in the year of election
shall be elected for a term of 5 years. All terms shall commence on July
1 next succeeding the elections. Any vacancy occurring in the membership
of the board shall be filled by appointment until the next regular election
for members of the board.
In any school district which has adopted this Article, a proposition for
the election of board members by school board district rather than at large
may be submitted to the voters of the district at the regular school election
of any year in the manner provided in Section 9-22. If the proposition
is approved by a majority of those voting on the propositions, the board
shall divide the school district into 7 school board districts as provided
in Section 9-22. At the regular school election in the year following the
adoption of such proposition, one member shall be elected from each school
board district, and the 7 members so elected shall, by lot, determine one
to serve for one year, 2 for 2 years, one for 3 years, 2 for 4 years, and
one for 5 years. Thereafter their respective successors shall be elected
for terms of 5 years. The terms of all incumbent members expire July 1
of the year following the adoption of such a proposition.
Any school district which has adopted this Article may, by referendum in
accordance with Section 33-1a, adopt the method of electing members of the
board of education provided in that Section.
Reapportionment of the voting districts provided for in this Article or
created pursuant to a court order, shall be completed pursuant to
Section 33-1c.
A board of education may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05; 95-6, eff. 6-20-07.)
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(105 ILCS 5/33-1a) (from Ch. 122, par. 33-1a)
Sec. 33-1a.
Board of Education-Alternative Method of
Election-Terms. The board of education may, on its own motion, or shall
upon the petition of the lesser of 2,500 or 5% of the voters registered
in the district, submit to the voters of the district at a regular
school election held in an even-numbered year a proposition for the election of 4 board
members from school board districts and 3 board members at large. If
the proposition is approved by a majority of those voting on the
proposition, the board shall divide the school district into 4 school
board districts, each of which must be compact and contiguous and
substantially equal in population to each other district. At the school
election in the following year, one member shall be elected from each
school board district and 3 members shall be elected at large. They
shall commence their terms on July 1, at which time the terms of the
incumbent board members expire. Those members first elected under this
Section shall determine by lot which member at large and which 2
district members shall serve for 2 years; the other 2 members at large
and the other 2 district members shall serve for a 4 year term. Their
respective successors shall be elected for terms of 4 years.
The regular election for members of the board of education shall be
held on the same day as the regular township or municipal election.
Terms shall commence on July 1 following the election. Any vacancy
occurring in the membership of the board shall be filled by appointment
of the board until the next regular election for members of such board at
which election the office shall be filled.
(Source: P.A. 80-1469.)
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(105 ILCS 5/33-1b) (from Ch. 122, par. 33-1b)
Sec. 33-1b.
Whenever the date designated in Section 33-1 for the election
of members of boards of education conflicts with the celebration of Passover,
that election shall be postponed to the first Tuesday following the last
day of Passover.
(Source: P.A. 82-1014.)
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(105 ILCS 5/33-1c) (from Ch. 122, par. 33-1c)
Sec. 33-1c.
Reapportionment of board voting districts.
In the year
following each decennial census, the Board of Education shall reapportion
the board voting districts to reflect the results of such census. The
board voting districts shall be compact, contiguous and have substantially
the same ratio of population to the total population of the school district
as the ratio of the board members elected from that board voting district
has to the total number of members of the Board of Education. The
reapportionment plan shall be completed and formally approved by a majority
of the members of the board not less than 90 days before the last date
established by law for the filing of nominating petitions for the second
school board election after the decennial census year. If by
reapportionment a board member no longer resides within the board voting
district from which the member was elected, the member shall continue to
serve in office until the expiration of the member's regular term. All new
members shall be elected from the board voting districts as reapportioned.
(Source: P.A. 86-1331.)
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(105 ILCS 5/33-2) (from Ch. 122, par. 33-2)
Sec. 33-2. Eligibility. To be eligible for election to the board, a person
shall be a citizen of
the United States, shall have been a resident of the district for at least one
year immediately preceding his or her election, and
shall not be a child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012. Permanent removal from the
district by any member constitutes a resignation from and creates a vacancy
in the board. Board members shall serve without compensation.
Notwithstanding any provisions to the contrary in any special charter,
petitions nominating candidates for the board of education shall be signed
by at least 200 voters of the district; and the polls, whether they be
located within a city lying in the district or outside of a city, shall
remain open during the hours specified in the Election Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(105 ILCS 5/33-3) (from Ch. 122, par. 33-3)
Sec. 33-3.
President, secretary and treasurer.
At the first regular meeting of the board in July of each year, or as
soon thereafter as may be, the board shall choose 1 of its number as
president, and shall appoint a secretary and a treasurer, who need not be
members of the board. The president, secretary and treasurer shall hold
their offices for 1 year and until their successors are appointed and
qualified. They shall be subject to removal by a majority of all the
members and in case of removal or where a vacancy otherwise occurs in
either of the offices the board shall appoint a successor to fill the
vacancy.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/33-4) (from Ch. 122, par. 33-4)
Sec. 33-4.
Rights, powers and duties of board.
The board of education shall succeed to all rights, powers and duties of
the former governing body of the district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/33-5) (from Ch. 122, par. 33-5)
Sec. 33-5.
Interest in contracts or transactions.
No member or employee of the board shall be directly or indirectly
interested in any contract, work, or business of the district, or in the
sale of any article, the expense, price or consideration of which is paid
by the district; nor in the purchase of any real estate or property
belonging to the district, or which shall be sold by virtue of legal
process at the suit of the district. Whoever violates any provision of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/33-6) (from Ch. 122, par. 33-6)
Sec. 33-6.
Adoption of article by voters.
The electors of any such
school district may adopt this Article in the following manner: whenever
1000 of the voters of the district voting at the last preceding election
petition the Chief Judge of the Circuit Court or any Judge of that
Circuit designated by the Chief Judge of the county in which the
district is located to submit to a vote of the electors of the district
the proposition as to whether the district shall adopt this Article, the
circuit court shall, upon entering an order to that effect, submit the
proposition at the next regular scheduled election. The court shall certify
the proposition to the proper election authorities for submission to the
electors in accordance with the general election law.
(Source: P.A. 81-1489.)
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(105 ILCS 5/33-7) (from Ch. 122, par. 33-7)
Sec. 33-7.
Notice of election - Law applicable - Statement of proposition.
The Chief Judge of the Circuit Court or any Judge of that Circuit designated
by the Chief Judge shall give notice of the election at which such proposition
is to be submitted by publishing the notice in accordance with the general
election law. If a majority of the votes cast upon the proposition is in
favor thereof this Article shall thereby be adopted by the school district,
and the circuit court shall thereupon enter an order declaring this Article
in force therein.
(Source: P.A. 81-1490.)
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(105 ILCS 5/Art. 34 heading) ARTICLE 34.
CITIES OF OVER 500,000
INHABITANTS - BOARD OF EDUCATION
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(105 ILCS 5/34-1) (from Ch. 122, par. 34-1)
Sec. 34-1.
Application of article; Definitions.
This Article applies only to
cities having a population exceeding 500,000.
"Trustees", when used in this Article, means the Chicago School Reform
Board of Trustees created by this amendatory Act of 1995 and serving as the
governing board of the school district organized under this Article beginning
with its appointment on or after the effective date of this amendatory Act of
1995 and continuing until June 30, 1999 or the appointment of a new Chicago
Board of Education as provided in Section 34-3, whichever is later.
"Board", or "board of education" when used in this Article, means: (i)
the Chicago School Reform Board of Trustees for the period that begins with the
appointment of the Trustees and that ends on the later of June 30, 1999 or the
appointment of a new Chicago Board of Education as provided in Section 34-3;
and (ii) the new Chicago Board of Education from and after June 30, 1999 or
from and after its appointment as provided in Section 34-3, whichever is later.
Except during the period that begins with the appointment of the Chicago
School Reform Board of Trustees on or after the effective date of this
amendatory Act of 1995 and that ends on the later of June 30, 1999 or the
appointment of a new Chicago Board of Education as provided in Section 34-3:
(i) the school district organized under this Article may be subject to further
limitations imposed under Article 34A; and (ii) the provisions of Article 34A
prevail over the other provisions of this Act, including the provisions of this
Article, to the extent of any conflict.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-1.01) (from Ch. 122, par. 34-1.01)
Sec. 34-1.01.
Intent.
The General Assembly has previously established
that the primary purpose of schooling is the transmission of knowledge and
culture through which children learn in areas necessary to their continuing
development, and the General Assembly has defined these areas as including
language arts, mathematics, biological, physical and social sciences, the
fine arts, and physical development and health. The General Assembly
declares its intent to achieve the primary purpose of schooling in
elementary and secondary schools subject to this Article, as now or
hereafter amended, in cities of over 500,000 inhabitants, through the
provisions of this amendatory Act of 1991.
A. Goals. In the furtherance of this intent, the General Assembly is
committed to the belief that, while such urban schools should foster
improvement and student growth in a number of areas, first priority should
be given to achieving the following goals:
1. assuring that students show significant progress | ||
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2. assuring that students attend school regularly and | ||
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3. assuring that students are adequately prepared for | ||
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4. assuring that students are adequately prepared for | ||
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5. assuring that students are, to the maximum extent | ||
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6. assuring that students are better prepared to | ||
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7. assuring that students are encouraged in exploring | ||
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8. assuring that individual teachers are granted the | ||
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9. assuring that students are provided the means to | ||
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10. assuring that students are provided adequate | ||
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B. Achieving goals. To achieve these priority goals, the General
Assembly intends to make the individual local school the essential unit for
educational governance and improvement and to establish a process for
placing the primary responsibility for school governance and improvement in
furtherance of such goals in the hands of parents, community residents,
teachers, and the school principal at the school level.
Further, to achieve these priority goals, the General Assembly intends to
lodge with the board of education key powers in limited areas related to
district-wide policy, so that the board of education supports school-level
governance and improvement and carries out functions that can be performed
more efficiently through centralized action.
The General Assembly does not intend to alter or amend the provisions
of the desegregation obligations of the board of education, including but
not limited to the Consent Decree or the Desegregation Plan in United
States v. Chicago Board of Education, 80 C 5124, U.S. District Court for
the Northern District of Illinois. Accordingly, the implementation of this
amendatory Act of 1991, to the extent practicable, shall be consistent with
and, in all cases, shall be subject to the desegregation obligations
pursuant to such Consent Decree and Desegregation Plan.
(Source: P.A. 87-455; 88-686, eff. 1-24-95.)
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(105 ILCS 5/34-1.02) (from Ch. 122, par. 34-1.02)
Sec. 34-1.02.
Educational reform.
The General Assembly hereby finds
and declares that educational reform in school districts organized under
this Article shall be implemented in such manner that:
1. the percentage of entering freshmen who 4 years later graduate from
12th grade from each high school attendance center within the district in
each of the 1989-90, 1990-91, 1991-92, 1992-93 and 1993-94 school years
exceeds by at least 5% the percentage of similar students graduating from
that high school attendance center in the immediately preceding school year;
2. the average daily student attendance rate within the district in each of
the 1989-90, 1990-91, 1991-92, 1992-93 and 1993-94 school years exceeds by
at least 1% the average daily student attendance rate within the district for
the immediately preceding school year;
3. by the conclusion of the 1993-1994 school year, the percentage of
students within the district failing and not advancing to the next higher
grade or graduating is at least 10% less than the percentage of students
within the district failing and not advancing to the next higher grade or
graduating at the conclusion of the 1987-88 school year;
4. on an annual basis, each attendance center within the district
makes significant progress toward meeting and exceeding State performance
standards in reading, writing, mathematics, and other State mandated learning
areas, including the mastery of higher
order thinking skills in these learning areas. Significant annual progress
toward meeting and exceeding State performance standards shall occur for all
students regardless of race, ethnicity, gender, or income status, based on the
expectation that these subgroups shall meet and exceed State performance
standards. Annual objectives for significant progress and timeframes during
which the students' performance overall and as measured within subgroups will
meet and exceed State performance standards shall be specified in
the school improvement plan required in Section 34-2.4; and
5. appropriate improvement and progress are realized each school year in
each attendance center within the district, when compared to the
performance of such attendance center during the immediately preceding
school year, in advancing toward and achieving the objectives established
by paragraphs 1 through 4 of this Section.
(Source: P.A. 88-686, eff. 1-24-95.)
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(105 ILCS 5/34-1.05) Sec. 34-1.05. (Repealed).
(Source: P.A. 98-1053, eff. 1-1-15. Repealed internally, eff. 5-31-16.) |
(105 ILCS 5/34-1.1) (from Ch. 122, par. 34-1.1)
Sec. 34-1.1. Definitions. As used in this Article:
"Academic Accountability Council" means the Chicago Schools Academic
Accountability Council created under Section 34-3.4.
"Local School Council" means a local school council established
under Section 34-2.1.
"School" and "attendance center" are used interchangeably to mean any
attendance center operated pursuant to this Article and under the direction
of one principal.
"Secondary Attendance Center" means a school which has students enrolled
in grades 9 through 12 (although it may also have students enrolled
in grades below grade 9).
"Local Attendance Area School" means a school which has a local
attendance area established by the board.
"Multi-area school" means a school other than a local attendance area school.
"Contract school" means an attendance center managed and operated by a for-profit or not-for-profit private entity retained by the board to provide instructional and other services to a majority of the pupils enrolled in the attendance center. "Contract turnaround school" means an experimental contract school created by the board to implement alternative governance in an attendance center subject to restructuring or similar intervention. "Parent" means a parent or legal guardian of an enrolled student of an
attendance center.
"Community resident" means a person, 18 years of age or older,
residing within an attendance area served by a school,
excluding any person who is a parent of a student enrolled in that
school; provided that with respect to any multi-area school, community
resident means any person, 18 years of age or older, residing within the
voting district established for that school pursuant to Section 34-2.1c,
excluding any person who is a parent of a student enrolled in that school.
"School staff" means all licensed and nonlicensed school
personnel, including all teaching and administrative staff (other than the
principal) and including all custodial, food service and other civil
service employees, who are employed at and assigned to perform the majority
of their employment duties at one attendance center served by the same
local school council.
"Regular meetings" means the meeting dates established by the local
school council at its annual organizational meeting.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/34-2) (from Ch. 122, par. 34-2)
Sec. 34-2.
City
to constitute district-Corporate status of board.
Each city having a population exceeding 500,000 shall constitute one
school district which shall maintain a system of free schools under the
charge of a board of education. The district shall be a body politic and
corporate by the name of "Board of Education of the City of ...." and by
that name may sue and be sued in all courts and places where judicial
proceedings are had.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local school councils; composition; voter eligibility; elections; terms. (a) Beginning with the first local school council election that occurs after December 3, 2021 (the effective date of Public Act 102-677), a local school council shall be established for each attendance
center within the school district, including public small schools within the district. Each local school council shall
consist of the following 12 voting members: the principal of the
attendance center, 2 teachers employed and assigned to perform the
majority of their employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center, one employee of the school district employed and assigned to perform the majority of his or her employment duties at the attendance center who is not a teacher, and 2 community
residents. Neither the parents nor the community residents who serve as
members of the local school council shall be employees of the Board of
Education. In each secondary attendance center, the local school council
shall consist of 13 voting members through the 2020-2021 school year, the 12 voting members described above
and one full-time student member, and 15 voting members beginning with the 2021-2022 school year, the 12 voting members described above and 3 full-time student members, appointed as provided in subsection
(m) below. In each attendance center enrolling students in 7th and 8th grade, one full-time student member shall be appointed as provided in subsection (m) of this Section.
In the event that the chief executive officer of the Chicago School Reform
Board of Trustees determines that a local school council is not carrying out
its financial duties effectively, the chief executive officer is authorized to
appoint a representative of the business community with experience in finance
and management
to serve as an advisor to the local school council for
the purpose of providing advice and assistance to the local school council on
fiscal matters.
The advisor shall have access to relevant financial records of the
local school council. The advisor may attend executive sessions.
The chief executive officer shall
issue a written policy defining the circumstances under which a local school
council is not carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall appoint the
members and officers (a Chairperson who shall be a parent member and a
Secretary) of each local school council who shall hold their offices until
their successors shall be elected and qualified. Members so appointed shall
have all the powers and duties of local school councils as set forth in
Public Act 86-1477. The Mayor's appointments shall not require
approval by the City Council.
The membership of each local school council shall be encouraged to be
reflective of the racial and ethnic composition of the student population
of the attendance center served by the local school council.
(c) Beginning with the 1995-1996 school year and in every even-numbered
year thereafter, the Board shall set second semester Parent Report Card
Pick-up Day for Local School Council elections and may schedule elections at
year-round schools for the same dates as the remainder of the school system.
Elections shall be
conducted as provided herein by the Board of Education in consultation with
the local school council at each attendance center. (c-5) Notwithstanding subsection (c), for the local school council election set for the 2019-2020 school year, the Board may hold the election on the first semester Parent Report Card Pick-up Day of the 2020-2021 school year, making any necessary modifications to the election process or date to comply with guidance from the Department of Public Health and the federal Centers for Disease Control and Prevention. The terms of office of all local school council members eligible to serve and seated on or after March 23, 2020 through January 10, 2021 are extended through January 10, 2021, provided that the members continue to meet eligibility requirements for local school council membership.
(d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council members at each
attendance center:
(i) The elected members of each local school council | ||
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(ii) Each elected member shall be elected by the | ||
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(iii) Each eligible voter shall be entitled to cast | ||
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(iv) Each parent voter shall be entitled to vote in | ||
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(v) Each eligible voter shall be entitled to vote | ||
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(vi) The 2 teacher members and the non-teacher | ||
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(vii) At secondary attendance centers and attendance | ||
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(e) The Council shall publicize the date and place of the election by
posting notices at the attendance center, in public places within the
attendance boundaries of the attendance center and by distributing notices
to the pupils at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all eligible voters.
(f) Nomination. The Council shall publicize the opening of nominations
by posting notices at the attendance center, in public places within the
attendance boundaries of the attendance center and by distributing notices
to the pupils at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all eligible voters.
Not less than 2 weeks before the election date, persons eligible to run for
the Council shall submit their name,
date of birth, social
security number, if
available,
and some evidence of eligibility
to the Council. The Council shall encourage nomination of candidates
reflecting the racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall disclose, in a
manner determined by the Board, any economic interest held by such person,
by such person's spouse or children, or by each business entity in which
such person has an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district.
Each person
nominated who runs as a candidate shall also disclose, in a manner determined
by the Board, if he or she ever has been convicted of any of the offenses
specified in subsection (c) of Section 34-18.5; provided that neither this
provision nor any other provision of this Section shall be deemed to require
the disclosure of any information that is contained in any law enforcement
record or juvenile court record that is confidential or whose accessibility or
disclosure is restricted or prohibited under Section 5-901 or
5-905 of the Juvenile
Court Act of 1987.
Failure to make such disclosure shall render a person ineligible
for election or to serve on the local school council. The same
disclosure shall be
required of persons under consideration for appointment to the Council
pursuant to subsections (l) and (m) of this Section.
(f-5) Notwithstanding disclosure, a person who has been convicted of any
of
the
following offenses at any time shall be ineligible for election or appointment
to a local
school council and ineligible for appointment to a local school council
pursuant to
subsections (l) and (m) of this Section: (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of Section 11-14.3, of the
Criminal Code of 1961 or the Criminal Code of 2012, or (ii) any offense committed or attempted in any other
state or
against the laws of the United States, which, if committed or attempted in this
State,
would have been punishable as one or more of the foregoing offenses.
Notwithstanding
disclosure, a person who has been convicted of any of the following offenses
within the
10 years previous to the date of nomination or appointment shall be ineligible
for election or
appointment to a local school council:
(i) those defined in Section 401.1, 405.1, or 405.2 of the Illinois Controlled
Substances Act or (ii) any
offense committed
or attempted in any other state or against the laws of the United States,
which, if
committed or attempted in this State, would have been punishable as one or more
of the
foregoing offenses.
Immediately upon election or appointment, incoming local school
council members
shall be
required to undergo a criminal background investigation, to be completed prior
to the member taking office,
in order to identify
any criminal convictions under the offenses enumerated in Section 34-18.5.
The investigation shall be conducted by the Illinois State Police in the
same manner as provided for in Section 34-18.5. However, notwithstanding
Section 34-18.5, the social security number shall be provided only if
available.
If it is determined at any time that a local school council member or
member-elect has been convicted
of any of the offenses enumerated in this Section or failed to disclose a
conviction of any of the offenses enumerated in Section 34-18.5, the general
superintendent shall notify the local school council member or member-elect of
such
determination and the local school council member or member-elect shall be
removed from the
local school council by the Board, subject to a hearing,
convened pursuant to Board rule, prior to removal.
(g) At least one week before the election date, the Council shall
publicize, in the manner provided in subsection (e), the names of persons
nominated for election.
(h) Voting shall be in person by secret ballot at the attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
(i) Candidates receiving the highest number of votes shall be declared
elected by the Council. In cases of a tie, the Council shall determine the
winner by lottery.
(j) The Council shall certify the results of the election and shall
publish the results in the minutes of the Council.
(k) The general superintendent shall resolve any
disputes
concerning election procedure or results and shall ensure that, except as
provided in subsections (e) and (g), no resources of any attendance center
shall be used to endorse or promote any candidate.
(l) Beginning with the first local school council election that occurs after December 3, 2021 (the effective date of Public Act 102-677), in every
even numbered
year, the Board shall appoint 2 teacher
members to each
local school council. These appointments shall be made in the following
manner:
(i) The Board shall appoint 2 teachers who are | ||
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(ii) A non-binding, advisory poll to ascertain the | ||
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(iii) In the event that a teacher representative is | ||
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(m) Beginning with the 1995-1996 school year through the 2020-2021 school year, the Board shall appoint one student member to each
secondary attendance center. Beginning with the 2021-2022 school year and for every school year thereafter, the Board shall appoint 3 student members to the local school council of each secondary attendance center and one student member to the local school council of each attendance center enrolling students in 7th and 8th grade. Students enrolled in grade 6 or above are eligible to be candidates for a local school council. No attendance center enrolling students in 7th and 8th grade may have more than one student member, unless the attendance center enrolls students in grades 7 through 12, in which case the attendance center may have a total of 3 student members on the local school council. The Board may establish criteria for students to be considered eligible to serve as a student member. These appointments shall be made in the
following manner:
(i) Appointments shall be made from among those | ||
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(ii) During the twenty-second week of school in every | ||
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(iii) (Blank).
(n) The Board may promulgate such other rules and regulations for
election procedures as may be deemed necessary to ensure fair elections.
(o) In the event that a vacancy occurs during a member's term, the
Council shall appoint a person eligible to serve on the Council to fill
the unexpired term created by the vacancy, except that any teacher or non-teacher staff vacancy
shall be filled by the Board after considering the preferences of the school
staff as ascertained through a non-binding advisory poll of school staff. In the case of a student vacancy, the vacancy shall be filled by the preferences of an election poll of students.
(p) If less than the specified number of persons is elected within each
candidate category, the newly elected local school council shall appoint
eligible persons to serve as members of the Council for 2-year terms, as provided in subsection (c-5) of Section 34-2.2 of this Code.
(q) The Board shall promulgate rules regarding conflicts of interest
and disclosure of economic interests which shall apply to local school
council members and which shall require reports or statements to be filed
by Council members at regular intervals with the Secretary of the
Board. Failure to comply with such rules
or intentionally falsifying such reports shall be grounds for
disqualification from local school council membership. A vacancy on the
Council for disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure of
economic interests promulgated by the Board shall apply to local school council
members. No less than 45 days prior to the deadline, the general
superintendent shall provide notice, by mail, to each local school council
member of all requirements and forms for compliance with economic interest
statements.
(r) (1) If a parent member of a local school council ceases to have any
child
enrolled in the attendance center governed by the Local School Council due to
the graduation or voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local School Council and all voting
rights are terminated immediately as of the date of the child's graduation or
voluntary transfer. If the child of a parent member of a local school council dies during the member's term in office, the member may continue to serve on the local school council for the balance of his or her term. Further,
a local school council member may be removed from the Council by a
majority vote of the Council as provided in subsection (c) of Section
34-2.2 if the Council member has missed 3 consecutive regular meetings, not
including committee meetings, or 5 regular meetings in a 12-month period,
not including committee meetings.
If a parent member of a local school council ceases to be eligible to serve
on the Council for any other reason, he or she shall be removed by the Board
subject
to a hearing, convened pursuant to Board rule, prior to removal.
A vote to remove a Council member by the local school council shall
only be valid if the Council member has been notified personally or by
certified mail, mailed to the person's last known address, of the Council's
intent to vote on the Council member's removal at least 7 days prior to the
vote. The Council member in question shall have the right to explain
his or her actions and shall be eligible to vote on the
question of his or her removal from the Council. The provisions of this
subsection shall be contained within the petitions used to nominate Council
candidates.
(2) A person may continue to serve as a community resident member of a
local
school council as long as he or she resides in the attendance area served by
the
school and is not employed by the Board nor is a parent of a student enrolled
at the school. If a community resident member ceases to be eligible to serve
on the Council, he or she shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal.
(3) A person may continue to serve as a staff member of a local school
council as long as he or she is employed and assigned to perform a majority of
his or her duties at the school, provided that if the staff representative
resigns from employment with the Board or
voluntarily transfers to another school, the staff member's membership on the local
school council and all voting rights are terminated immediately as of the date
of the staff member's resignation or upon the date of the staff member's voluntary
transfer to another school. If a staff member of a local school council
ceases to be eligible to serve on a local school council for any other reason,
that member shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal. (s) As used in this Section only, "community resident" means a person, 17 years of age or older, residing within an attendance area served by a school, excluding any person who is a parent of a student enrolled in that school; provided that with respect to any multi-area school, community resident means any person, 17 years of age or older, residing within the voting district established for that school pursuant to Section 34-2.1c, excluding any person who is a parent of a student enrolled in that school. This definition does not apply to any provisions concerning school boards.
(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; 102-538, eff. 8-20-21; 102-677, eff. 12-3-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-2.1b) (from Ch. 122, par. 34-2.1b)
Sec. 34-2.1b.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-2.1c) (from Ch. 122, par. 34-2.1c)
Sec. 34-2.1c.
Multi-Area Schools - Establishment of Voting
Districts.
(a) On or before September 1, 1991, the Board shall establish
a voting district for each multi-area school. The Board shall take into
account the following criteria in establishing such voting districts:
(i) in cases where the multi-area school was | ||
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(ii) the location of physical characteristics in the | ||
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(iii) the location of established neighborhood and | ||
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(iv) size of student population; and
(v) compactness and contiguity of voting districts.
Prior to establishing voting districts for multi-area schools, the Board
shall hold at least one public hearing thereon. The Board shall establish
procedures to ensure the maximum participation of all interested persons in
such hearing or hearings.
(b) The Board shall publicize the location and description of these
voting districts by posting notices at each multi-area school and in public
places within each voting district, by distributing notices to students at
the multi-area school and by placing notices both in daily newspapers of
general circulation published in the city and in local and community
newspapers published within each voting district. The Board shall utilize
other means to ensure adequate dissemination of the description and
location of the voting districts.
(c) The Board may adjust or alter the voting districts of any multi-area
school once every tenth year. The Board shall utilize the same criteria
and procedures described above in connection with any adjustment or
alteration of any voting district.
(d) With respect to any school designated as a multi-area school
subsequent to the establishment of voting districts, as described in
subsection (a), or subsequent to the adjustment of these districts, as
described in subsection (c), the Board shall establish a voting district
for that school prior to the commencement of its operation as a multi-area
school. The Board shall utilize the same criteria and procedures described
in subsection (a) in connection with the establishment of such a voting
district.
(Source: P.A. 87-454.)
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(105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
Sec. 34-2.2. Local school councils; manner of operation.
(a) The annual organizational meeting of each local school council
shall be held at the attendance center or via videoconference or teleconference if guidance from the Department of Public Health or Centers for Disease Control and Prevention limits the size of in-person meetings at the time of the meeting. At the annual organization meeting,
which shall be held no sooner than July 1 and no later than July 14, a parent
member of the local school council shall be selected by the members of such
council as its chairperson, and a secretary shall be selected by the members of
such council from among their number, each to serve a term of one year.
However, an organizational meeting held by members elected to a local school council under subsection (c-5) of Section 34-2.1 may be held no sooner than January 11, 2021 and no later than January 31, 2021. Whenever a vacancy in the office of chairperson or secretary of a local school
council shall occur, a new chairperson (who shall be a parent member) or
secretary, as the case may be, shall be elected by the members of the local
school council from among their number to serve as such
chairperson or secretary for the unexpired term of office in which the
vacancy occurs. At each annual organizational meeting, the time and
place of any regular meetings of the local school council shall be fixed.
Special meetings of the local school council may be called by the
chairperson or by any 4 members from an attendance center enrolling students up to grade 8 or any 5 members from a secondary attendance center or an attendance center enrolling students in grades 7 through 12, by giving notice thereof in writing,
specifying the time, place and purpose of the meeting. Public notice of
meetings shall also be given in accordance with the Open Meetings Act.
(b) Members and officers of the local school council shall serve
without compensation and without reimbursement of any expenses incurred in
the performance of their duties, except that the board of education may by
rule establish a procedure and thereunder provide for reimbursement of
members and officers of local school councils for such of their reasonable
and necessary expenses (excluding any lodging or meal expenses) incurred in
the performance of their duties as the board may deem appropriate.
(c) A majority of the full membership of the local school council
shall constitute a quorum, except as provided in subsection (c-5), and whenever a vote is taken on any measure
before the local school council, a quorum being present, the affirmative
vote of a majority of the votes of the full membership then serving of the
local school council shall determine the outcome thereof; provided that
whenever the measure before the local school council is (i) the evaluation
of the principal, or (ii) the renewal of his or her performance contract or
the inclusion of any provision or modification of the contract, or (iii)
the direct selection by the local school council of a new principal
(including
a new principal to fill a vacancy) to serve under a 4 year performance
contract, or (iv) the determination of the names of candidates to be submitted
to the general superintendent for the position of
principal, the
principal and any
student members of a local school council shall not be counted for purposes of
determining whether a quorum is present to act on the measure and shall have no
vote thereon; and provided further that 7 affirmative votes of the local school
council shall be required for the direct selection by the local school
council
of a new principal
to serve under a 4 year performance contract but not for the renewal of a
principal's performance contract.
(c-5) If the number of members serving on a local school council at an attendance center enrolling students through the 8th grade falls below 7 members due to vacancies, then 4 serving members of whom at least 2 are parent or community members of the local school council shall constitute a quorum for the sole purpose of convening a meeting to fill vacancies through appointments in accordance with the process set forth in Section 34-2.1 of this Code. If the number of members serving on a local school council at a secondary attendance center falls below 8 members due to vacancies, then 5 serving members of whom at least 2 are parent or community members of the local school council shall constitute a quorum for the sole purpose of convening a meeting to fill vacancies through appointments in accordance with the process set forth in Section 34-2.1 of this Code. For such purposes, the affirmative vote of a majority of those present shall be required to fill a vacancy through appointment by the local school council. (d) Student members shall not be eligible
to vote on personnel matters, including but not limited to principal
evaluations and contracts and the allocation of teaching and staff resources.
(e) The local school council of an attendance center which provides
bilingual education shall be encouraged to provide translators at each
council meeting to maximize participation of parents and the community.
(f) Each local school council of an attendance center which provides
bilingual education shall create a Bilingual Advisory Committee or
recognize an existing Bilingual Advisory Committee as a standing committee.
The Chair and a majority of the members of the advisory committee shall be
parents of students in the bilingual education program. The parents on the
advisory committee shall be selected by parents of students in the
bilingual education program, and the committee shall select a Chair. The
advisory committee for each secondary attendance center shall include at
least one full-time bilingual education student. The Bilingual Advisory
Committee shall serve only in an advisory capacity to the local school council.
(g) Local school councils may utilize the services of an arbitration
board to resolve intra-council disputes.
(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; 102-296, eff. 8-6-21; 102-677, eff. 12-3-21.)
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(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3) Sec. 34-2.3. Local school councils; powers and duties. Each local school council shall have and exercise, consistent with the provisions of this Article and the powers and duties of the board of education, the following powers and duties: 1. (A) To annually evaluate the performance of the principal of the attendance center using a Board approved principal evaluation form, which shall include the evaluation of (i) student academic improvement, as defined by the school improvement plan, (ii) student absenteeism rates at the school, (iii) instructional leadership, (iv) the effective implementation of programs, policies, or strategies to improve student academic achievement, (v) school management, and (vi) any other factors deemed relevant by the local school council, including, without limitation, the principal's communication skills and ability to create and maintain a student-centered learning environment, to develop opportunities for professional development, and to encourage parental involvement and community partnerships to achieve school improvement; (B) to determine in the manner provided by subsection (c) of Section 34-2.2 and subdivision 1.5 of this Section whether the performance contract of the principal shall be renewed; and (C) to directly select, in the manner provided by subsection (c) of Section 34-2.2, a new principal (including a new principal to fill a vacancy) -- without submitting any list of candidates for that position to the general superintendent as provided in paragraph 2 of this Section -- to serve under a 4 year performance contract; provided that (i) the determination of whether the principal's performance contract is to be renewed, based upon the evaluation required by subdivision 1.5 of this Section, shall be made no later than 150 days prior to the expiration of the current performance-based contract of the principal, (ii) in cases where such performance contract is not renewed -- a direct selection of a new principal -- to serve under a 4 year performance contract shall be made by the local school council no later than 45 days prior to the expiration of the current performance contract of the principal, and (iii) a selection by the local school council of a new principal to fill a vacancy under a 4 year performance contract shall be made within 90 days after the date such vacancy occurs. A Council shall be required, if requested by the principal, to provide in writing the reasons for the council's not renewing the principal's contract. 1.5. The local school council's determination of whether to renew the principal's contract shall be based on an evaluation to assess the educational and administrative progress made at the school during the principal's current performance-based contract. The local school council shall base its evaluation on (i) student academic improvement, as defined by the school improvement plan, (ii) student absenteeism rates at the school, (iii) instructional leadership, (iv) the effective implementation of programs, policies, or strategies to improve student academic achievement, (v) school management, and (vi) any other factors deemed relevant by the local school council, including, without limitation, the principal's communication skills and ability to create and maintain a student-centered learning environment, to develop opportunities for professional development, and to encourage parental involvement and community partnerships to achieve school improvement. If a local school council fails to renew the performance contract of a principal rated by the general superintendent, or his or her designee, in the previous years' evaluations as meeting or exceeding expectations, the principal, within 15 days after the local school council's decision not to renew the contract, may request a review of the local school council's principal non-retention decision by a hearing officer appointed by the American Arbitration Association. A local school council member or members or the general superintendent may support the principal's request for review. During the period of the hearing officer's review of the local school council's decision on whether or not to retain the principal, the local school council shall maintain all authority to search for and contract with a person to serve as interim or acting principal, or as the principal of the attendance center under a 4-year performance contract, provided that any performance contract entered into by the local school council shall be voidable or modified in accordance with the decision of the hearing officer. The principal may request review only once while at that attendance center. If a local school council renews the contract of a principal who failed to obtain a rating of "meets" or "exceeds expectations" in the general superintendent's evaluation for the previous year, the general superintendent, within 15 days after the local school council's decision to renew the contract, may request a review of the local school council's principal retention decision by a hearing officer appointed by the American Arbitration Association. The general superintendent may request a review only once for that principal at that attendance center. All requests to review the retention or non-retention of a principal shall be submitted to the general superintendent, who shall, in turn, forward such requests, within 14 days of receipt, to the American Arbitration Association. The general superintendent shall send a contemporaneous copy of the request that was forwarded to the American Arbitration Association to the principal and to each local school council member and shall inform the local school council of its rights and responsibilities under the arbitration process, including the local school council's right to representation and the manner and process by which the Board shall pay the costs of the council's representation. If the local school council retains the principal and the general superintendent requests a review of the retention decision, the local school council and the general superintendent shall be considered parties to the arbitration, a hearing officer shall be chosen between those 2 parties pursuant to procedures promulgated by the State Board of Education, and the principal may retain counsel and participate in the arbitration. If the local school council does not retain the principal and the principal requests a review of the retention decision, the local school council and the principal shall be considered parties to the arbitration and a hearing officer shall be chosen between those 2 parties pursuant to procedures promulgated by the State Board of Education. The hearing shall begin (i) within 45 days after the initial request for review is submitted by the principal to the general superintendent or (ii) if the initial request for review is made by the general superintendent, within 45 days after that request is mailed to the American Arbitration Association. The hearing officer shall render a decision within 45 days after the hearing begins and within 90 days after the initial request for review. The Board shall contract with the American Arbitration Association for all of the hearing officer's reasonable and necessary costs. In addition, the Board shall pay any reasonable costs incurred by a local school council for representation before a hearing officer. 1.10. The hearing officer shall conduct a hearing, which shall include (i) a review of the principal's performance, evaluations, and other evidence of the principal's service at the school, (ii) reasons provided by the local school council for its decision, and (iii) documentation evidencing views of interested persons, including, without limitation, students, parents, local school council members, school faculty and staff, the principal, the general superintendent or his or her designee, and members of the community. The burden of proof in establishing that the local school council's decision was arbitrary and capricious shall be on the party requesting the arbitration, and this party shall sustain the burden by a preponderance of the evidence. The hearing officer shall set the local school council decision aside if that decision, in light of the record developed at the hearing, is arbitrary and capricious. The decision of the hearing officer may not be appealed to the Board or the State Board of Education. If the hearing officer decides that the principal shall be retained, the retention period shall not exceed 2 years. 2. In the event (i) the local school council does not renew the performance contract of the principal, or the principal fails to receive a satisfactory rating as provided in subsection (h) of Section 34-8.3, or the principal is removed for cause during the term of his or her performance contract in the manner provided by Section 34-85, or a vacancy in the position of principal otherwise occurs prior to the expiration of the term of a principal's performance contract, and (ii) the local school council fails to directly select a new principal to serve under a 4 year performance contract, the local school council in such event shall submit to the general superintendent a list of 3 candidates -- listed in the local school council's order of preference -- for the position of principal, one of which shall be selected by the general superintendent to serve as principal of the attendance center. If the general superintendent fails or refuses to select one of the candidates on the list to serve as principal within 30 days after being furnished with the candidate list, the general superintendent shall select and place a principal on an interim basis (i) for a period not to exceed one year or (ii) until the local school council selects a new principal with 7 affirmative votes as provided in subsection (c) of Section 34-2.2, whichever occurs first. If the local school council fails or refuses to select and appoint a new principal, as specified by subsection (c) of Section 34-2.2, the general superintendent may select and appoint a new principal on an interim basis for an additional year or until a new contract principal is selected by the local school council. There shall be no discrimination on the basis of race, sex, creed, color or disability unrelated to ability to perform in connection with the submission of candidates for, and the selection of a candidate to serve as principal of an attendance center. No person shall be directly selected, listed as a candidate for, or selected to serve as principal of an attendance center (i) if such person has been removed for cause from employment by the Board or (ii) if such person does not hold a valid Professional Educator License issued under Article 21B and endorsed as required by that Article for the position of principal. A principal whose performance contract is not renewed as provided under subsection (c) of Section 34-2.2 may nevertheless, if otherwise qualified and licensed as herein provided and if he or she has received a satisfactory rating as provided in subsection (h) of Section 34-8.3, be included by a local school council as one of the 3 candidates listed in order of preference on any candidate list from which one person is to be selected to serve as principal of the attendance center under a new performance contract. The initial candidate list required to be submitted by a local school council to the general superintendent in cases where the local school council does not renew the performance contract of its principal and does not directly select a new principal to serve under a 4 year performance contract shall be submitted not later than 30 days prior to the expiration of the current performance contract. In cases where the local school council fails or refuses to submit the candidate list to the general superintendent no later than 30 days prior to the expiration of the incumbent principal's contract, the general superintendent may appoint a principal on an interim basis for a period not to exceed one year, during which time the local school council shall be able to select a new principal with 7 affirmative votes as provided in subsection (c) of Section 34-2.2. In cases where a principal is removed for cause or a vacancy otherwise occurs in the position of principal and the vacancy is not filled by direct selection by the local school council, the candidate list shall be submitted by the local school council to the general superintendent within 90 days after the date such removal or vacancy occurs. In cases where the local school council fails or refuses to submit the candidate list to the general superintendent within 90 days after the date of the vacancy, the general superintendent may appoint a principal on an interim basis for a period of one year, during which time the local school council shall be able to select a new principal with 7 affirmative votes as provided in subsection (c) of Section 34-2.2. 2.5. Whenever a vacancy in the office of a principal occurs for any reason, the vacancy shall be filled in the manner provided by this Section by the selection of a new principal to serve under a 4 year performance contract. 3. To establish additional criteria to be included as part of the performance contract of its principal, provided that such additional criteria shall not discriminate on the basis of race, sex, creed, color or disability unrelated to ability to perform, and shall not be inconsistent with the uniform 4 year performance contract for principals developed by the board as provided in Section 34-8.1 of the School Code or with other provisions of this Article governing the authority and responsibility of principals. 4. To approve the expenditure plan prepared by the principal with respect to all funds allocated and distributed to the attendance center by the Board. The expenditure plan shall be administered by the principal. Notwithstanding any other provision of this Act or any other law, any expenditure plan approved and administered under this Section 34-2.3 shall be consistent with and subject to the terms of any contract for services with a third party entered into by the Chicago School Reform Board of Trustees or the board under this Act. Via a supermajority vote of 8 members of a local school council enrolling students through the 8th grade or 9 members of a local school council at a secondary attendance center or an attendance center enrolling students in grades 7 through 12, the Council may transfer allocations pursuant to Section 34-2.3 within funds; provided that such a transfer is consistent with applicable law and collective bargaining agreements. Beginning in fiscal year 1991 and in each fiscal year thereafter, the Board may reserve up to 1% of its total fiscal year budget for distribution on a prioritized basis to schools throughout the school system in order to assure adequate programs to meet the needs of special student populations as determined by the Board. This distribution shall take into account the needs catalogued in the Systemwide Plan and the various local school improvement plans of the local school councils. Information about these centrally funded programs shall be distributed to the local school councils so that their subsequent planning and programming will account for these provisions. Beginning in fiscal year 1991 and in each fiscal year thereafter, from other amounts available in the applicable fiscal year budget, the board shall allocate a lump sum amount to each local school based upon such formula as the board shall determine taking into account the special needs of the student body. The local school principal shall develop an expenditure plan in consultation with the local school council, the professional personnel leadership committee and with all other school personnel, which reflects the priorities and activities as described in the school's local school improvement plan and is consistent with applicable law and collective bargaining agreements and with board policies and standards; however, the local school council shall have the right to request waivers of board policy from the board of education and waivers of employee collective bargaining agreements pursuant to Section 34-8.1a. The expenditure plan developed by the principal with respect to amounts available from the fund for prioritized special needs programs and the allocated lump sum amount must be approved by the local school council. The lump sum allocation shall take into account the following principles: a. Teachers: Each school shall be allocated funds | ||
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b. Other personnel: Funds for other teacher licensed | ||
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c. Non-compensation items: Appropriations for all | ||
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d. Funds for categorical programs: Schools shall | ||
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d.1. Funds for State Title I: Each school shall | ||
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e. The Local School Council shall have the right to | ||
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f. Operating within existing laws and collective | ||
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g. (Blank). Any funds unexpended at the end of the fiscal year shall be available to the board of education for use as part of its budget for the following fiscal year. 5. To make recommendations to the principal concerning textbook selection and concerning curriculum developed pursuant to the school improvement plan which is consistent with systemwide curriculum objectives in accordance with Sections 34-8 and 34-18 of the School Code and in conformity with the collective bargaining agreement. 6. To advise the principal concerning the attendance and disciplinary policies for the attendance center, subject to the provisions of this Article and Article 26, and consistent with the uniform system of discipline established by the board pursuant to Section 34-19. 7. To approve a school improvement plan developed as provided in Section 34-2.4. The process and schedule for plan development shall be publicized to the entire school community, and the community shall be afforded the opportunity to make recommendations concerning the plan. At least twice a year the principal and local school council shall report publicly on progress and problems with respect to plan implementation. 8. To evaluate the allocation of teaching resources and other licensed and nonlicensed staff to the attendance center to determine whether such allocation is consistent with and in furtherance of instructional objectives and school programs reflective of the school improvement plan adopted for the attendance center; and to make recommendations to the board, the general superintendent and the principal concerning any reallocation of teaching resources or other staff whenever the council determines that any such reallocation is appropriate because the qualifications of any existing staff at the attendance center do not adequately match or support instructional objectives or school programs which reflect the school improvement plan. 9. To make recommendations to the principal and the general superintendent concerning their respective appointments, after August 31, 1989, and in the manner provided by Section 34-8 and Section 34-8.1, of persons to fill any vacant, additional or newly created positions for teachers at the attendance center or at attendance centers which include the attendance center served by the local school council. 10. To request of the Board the manner in which training and assistance shall be provided to the local school council. Pursuant to Board guidelines a local school council is authorized to direct the Board of Education to contract with personnel or not-for-profit organizations not associated with the school district to train or assist council members. If training or assistance is provided by contract with personnel or organizations not associated with the school district, the period of training or assistance shall not exceed 30 hours during a given school year; person shall not be employed on a continuous basis longer than said period and shall not have been employed by the Chicago Board of Education within the preceding six months. Council members shall receive training in at least the following areas: 1. school budgets; 2. educational theory pertinent to the attendance | ||
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3. personnel selection.Council members shall, to the greatest extent possible, complete such training within 90 days of election. 11. In accordance with systemwide guidelines contained in the System-Wide Educational Reform Goals and Objectives Plan, criteria for evaluation of performance shall be established for local school councils and local school council members. If a local school council persists in noncompliance with systemwide requirements, the Board may impose sanctions and take necessary corrective action, consistent with Section 34-8.3. 12. Each local school council shall comply with the Open Meetings Act and the Freedom of Information Act. Each local school council shall issue and transmit to its school community a detailed annual report accounting for its activities programmatically and financially. Each local school council shall convene at least 2 well-publicized meetings annually with its entire school community. These meetings shall include presentation of the proposed local school improvement plan, of the proposed school expenditure plan, and the annual report, and shall provide an opportunity for public comment. 13. Each local school council is encouraged to involve additional non-voting members of the school community in facilitating the council's exercise of its responsibilities. 14. The local school council may adopt a school uniform or dress code policy that governs the attendance center and that is necessary to maintain the orderly process of a school function or prevent endangerment of student health or safety, consistent with the policies and rules of the Board of Education. A school uniform or dress code policy adopted by a local school council: (i) shall not be applied in such manner as to discipline or deny attendance to a transfer student or any other student for noncompliance with that policy during such period of time as is reasonably necessary to enable the student to acquire a school uniform or otherwise comply with the dress code policy that is in effect at the attendance center into which the student's enrollment is transferred; (ii) shall include criteria and procedures under which the local school council will accommodate the needs of or otherwise provide appropriate resources to assist a student from an indigent family in complying with an applicable school uniform or dress code policy; (iii) shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture, including, but not limited to, protective hairstyles such as braids, locks, and twists; and (iv) shall not prohibit the right of a student to wear or accessorize the student's graduation attire with items associated with the student's cultural, ethnic, or religious identity or any other protected characteristic or category identified in subsection (Q) of Section 1-103 of the Illinois Human Rights Act. A student whose parents or legal guardians object on religious grounds to the student's compliance with an applicable school uniform or dress code policy shall not be required to comply with that policy if the student's parents or legal guardians present to the local school council a signed statement of objection detailing the grounds for the objection. If a local school council does not comply with the requirements and prohibitions set forth in this paragraph 14, the attendance center is subject to the penalty imposed pursuant to subsection (a) of Section 2-3.25. 15. All decisions made and actions taken by the local school council in the exercise of its powers and duties shall comply with State and federal laws, all applicable collective bargaining agreements, court orders and rules properly promulgated by the Board. 15a. To grant, in accordance with board rules and policies, the use of assembly halls and classrooms when not otherwise needed, including lighting, heat, and attendants, for public lectures, concerts, and other educational and social activities. 15b. To approve, in accordance with board rules and policies, receipts and expenditures for all internal accounts of the attendance center, and to approve all fund-raising activities by nonschool organizations that use the school building. 16. (Blank). 17. Names and addresses of local school council members shall be a matter of public record.(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21; 102-894, eff. 5-20-22; 103-463, eff. 8-4-23.) |
(105 ILCS 5/34-2.3a) (from Ch. 122, par. 34-2.3a)
Sec. 34-2.3a.
Recommendations of the Principal.
The principal of each
attendance center shall be encouraged to make recommendations to the
appropriate local school council concerning all educational aspects of the
attendance center.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34-2.3b)
Sec. 34-2.3b.
Local School Council Training.
The board shall collaborate
with universities and other interested entities and individuals to offer
training to local school council members on topics relevant to school
operations and their responsibilities as local school council members,
including but not limited to legal requirements, role differentiation,
responsibilities, and authorities, and improving student achievement. Training
of local school council members shall be provided at the direction of the board in consultation with the Council of
Chicago-area Deans of Education. Incoming local school council members shall
be required to complete a 3-day training program provided under this
Section within 6 months of taking office. The board shall monitor the
compliance of incoming local school council members with the 3-day training
program requirement established by this Section. The board shall declare
vacant the office of a local school council member who fails to complete the
3-day training program provided under this Section within the 6 month period
allowed. Any such vacancy shall be filled as provided in subsection (o) of
Section 34-2.1 by appointment of another person qualified to hold the office.
In addition to requiring local school council members to complete the 3-day
training program under this Section, the board may encourage local school
council members to complete additional training during their term of office and
shall provide recognition for individuals completing that additional training.
The board is authorized to collaborate with universities, non-profits, and
other interested organizations and individuals to offer additional training to
local school council members on a regular basis during their term in office.
The board shall not be required to bear the cost of the required 3-day training
program or any additional training provided to local school council members
under this Section.
The board shall also offer training to aid local school councils in
developing principal evaluation procedures and criteria. The board shall
send out requests for proposals concerning this training and is authorized to
contract with universities, non-profits, and other interested organizations and
individuals to provide this training. The board is authorized to use funds
from private organizations, non-profits, or any other outside source as well
as its own funds for this purpose.
(Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)
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(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
Sec. 34-2.4. School improvement plan. A 3-year local school
improvement plan shall be developed and implemented at each attendance center.
This plan shall reflect the overriding purpose of the attendance center to
improve educational quality. The local school principal shall develop a
school improvement plan in consultation with the local school council, all
categories of school staff, parents and community residents. Once the plan
is developed, reviewed by the professional personnel leadership committee,
and approved by the local school council, the
principal shall be responsible for directing implementation of the plan,
and the local school council shall monitor its implementation. After the
termination of the initial 3-year plan, a new 3-year plan shall be
developed and modified as appropriate on an annual basis.
The school improvement plan shall be designed to achieve priority goals
including but not limited to:
(a) assuring that students show significant progress | ||
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(b) assuring that students attend school regularly | ||
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(c) assuring that students are adequately prepared | ||
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(d) assuring that students are adequately prepared | ||
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(e) assuring that students are, to the maximum extent | ||
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With respect to these priority goals, the school improvement plan shall
include but not be limited to the following:
(a) an analysis of data collected in the attendance | ||
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(b) a description of specific annual objectives the | ||
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(c) a description of the specific activities the | ||
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(d) an analysis of the attendance center's staffing | ||
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(e) a description of the key assumptions and | ||
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(f) a description of the steps that will be taken to | ||
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(g) a description of any steps which may be taken by | ||
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(h) a description of the steps the attendance center | ||
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(i) a description of any staff development program | ||
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(j) a description of the steps the local school | ||
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(k) a description of the steps the attendance center | ||
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(l) a description of the steps the attendance center | ||
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(m) a description of the steps the attendance center | ||
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(n) a description of the student need for and | ||
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Based on the analysis of data collected indicating specific strengths and
weaknesses of the attendance center, the school improvement plan may place
greater emphasis from year to year on particular priority goals, objectives,
and activities.
(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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(105 ILCS 5/34-2.4a) (from Ch. 122, par. 34-2.4a)
Sec. 34-2.4a. Professional personnel leadership committee.
(a) At each
attendance center operated pursuant to this Article, a professional
personnel leadership committee consisting of (i) up to 7
members
elected each school year who are licensed classroom teachers or
other licensed personnel, who are employed at the attendance
center, and
who desire to be members of the committee
and (ii) the 2 teacher members of the local school council. The teacher
members of the local school council shall serve as co-chairs of the
committee, or one teacher member of the local school council chosen by
the committee shall serve as chair of the committee.
The size of the committee shall be determined by the licensed classroom
teachers and other licensed personnel at the attendance center,
including the principal.
(b) The purpose of the committee is to develop and formally
present recommendations to the principal and the local school council on
all matters of educational program, including but not limited to
curriculum,
school improvement plan development and implementation, and school
budgeting.
(c) For the elected committee members, the principal
shall convene a publicized meeting of all licensed classroom teachers and
other licensed personnel, at which meeting those licensed classroom
teachers and other licensed personnel present, excluding the principal,
shall elect members to serve
on the
committee. A staff member eligible to vote
may vote for
the same number of candidates in the election as the number of members to
be elected, but votes shall not
be cumulated. Ties shall be determined by lot. Vacancies shall be filled
in like manner.
(d) All committee meetings shall be held before or after school
with no loss of instructional time. Committee members shall receive no
compensation for their activities as committee members.
(e) In furtherance of its purpose, the committee shall have the
authority to gather information from school staff through interviews, on
noninstructional time, without the prior approval of the principal, the local
school council, the board, the board's chief executive officer, or the chief
executive officer's administrative staff.
The committee shall meet once a month with the principal
to make recommendations to the principal regarding the specific
methods and contents of the school's curriculum and to make other
educational
improvement recommendations approved by the
committee. A report from the committee regarding these matters may be
an agenda item at each regular meeting of the local school council.
The principal shall provide the committee with the opportunity to
review and make recommendations regarding the school improvement
plan and school budget. The teacher members of the local school council
may bring motions concerning the recommendations approved by the
committee, which motions shall formally be considered at meetings of the local
school council.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
Sec. 34-2.4b. Limitation upon applicability. Beginning with the first local school council election that occurs after the effective date of this amendatory Act of the 102nd General Assembly, the provisions of
Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4 and 34-8.3 and
those provisions of paragraph 1 of Section 34-18 and paragraph (c) of
Section 34A-201a relating to the allocation or application -- by formula or
otherwise -- of lump sum amounts and other funds to attendance centers
shall not apply to the
Cook County Juvenile Detention Center and Cook
County Jail schools, nor to the district's alternative schools for pregnant
girls, nor to alternative schools established under Article 13A, nor to a contract school,
nor to the
Michael R. Durso School, the Jackson Adult Center, the Hillard Adult
Center, the Alternative Transitional School, or any other attendance
center designated by the Board as an alternative school, nor to any school established as a teacher training academy, nor to any school with a specialty 2-year programming model, nor to any school established as a one-year school or program, nor to any school with a specialty student focus or transient student population, provided that the
designation is not applied to an attendance center that has in place a legally
constituted local school council, except for contract turnaround schools. The board of education shall have and
exercise with respect to those schools and with respect to the conduct,
operation, affairs and budgets of those schools, and with respect to the
principals, teachers and other school staff there employed, the same powers
which are exercisable by local school councils with respect to the other
attendance centers, principals, teachers and school staff within the
district, together with all powers and duties generally exercisable by the
board of education with respect to all attendance centers within the
district. The board of education shall develop appropriate alternative
methods for involving parents, community members and school staff to the
maximum extent possible in all of the activities of those schools, and may
delegate to the parents, community members and school staff so involved the
same powers which are exercisable by local school councils with respect to
other attendance centers.
(Source: P.A. 102-677, eff. 12-3-21.)
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(105 ILCS 5/34-2.4c)
Sec. 34-2.4c.
Whistle Blower Protection.
(a) In any case involving the disclosure of information by an employee of
the board of education or a local school council member, which the employee or
member reasonably believes evidences (1) a violation of any law, rule,
regulation, or policy, or (2) waste, fraud, mismanagement, abuse of authority,
or a danger to the health or safety of students or the public, the identity of
the employee or members may not be disclosed without the written consent of the
employee or member during any investigation of the information or related
matters.
(b) No disciplinary action may be taken against any employee or local
school council member for the disclosure of information by that employee or
local school council member that evidences (1) a violation of
any law, rule, regulation, or policy, or (2) waste, fraud, mismanagement, abuse
of authority, or a danger to the health or safety of a student or the public.
For the purposes of this Section, disciplinary action means any retaliatory
action taken against an employee or local school council member by the board of
education, employees of the board of education, local school councils, or
exclusive bargaining representatives of employees, including, but not limited
to, reprimand, suspension, discharge, demotion, involuntary transfer,
harassment, or denial of promotion or voluntary transfer.
(c) A violation of this Section shall be a Class A misdemeanor.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-2.5) (from Ch. 122, par. 34-2.5)
Sec. 34-2.5.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-3) (from Ch. 122, par. 34-3) Sec. 34-3. Chicago School Reform Board of Trustees; new Chicago Board of Education; members; term; vacancies. (a) Within 30 days after the effective date of this amendatory Act of 1995, the terms of all members of the Chicago Board of Education holding office on that date are abolished and the Mayor shall appoint, without the consent or approval of the City Council, a 5 member Chicago School Reform Board of Trustees which shall take office upon the appointment of the fifth member. The Chicago School Reform Board of Trustees and its members shall serve until, and the terms of all members of the Chicago School Reform Board of Trustees shall expire on, June 30, 1999 or upon the appointment of a new Chicago Board of Education as provided in subsection (b), whichever is later. Any vacancy in the membership of the Trustees shall be filled through appointment by the Mayor, without the consent or approval of the City Council, for the unexpired term. One of the members appointed by the Mayor to the Trustees shall be designated by the Mayor to serve as President of the Trustees. The Mayor shall appoint a full-time, compensated chief executive officer, and his or her compensation as such chief executive officer shall be determined by the Mayor. The Mayor, at his or her discretion, may appoint the President to serve simultaneously as the chief executive officer. (b) This subsection applies until January 15, 2025. Within 30 days before the expiration of the terms of the members of the Chicago Reform Board of Trustees as provided in subsection (a), a new Chicago Board of Education consisting of 7 members shall be appointed by the Mayor to take office on the later of July 1, 1999 or the appointment of the seventh member. Three of the members initially so appointed under this subsection shall serve for terms ending June 30, 2002, 4 of the members initially so appointed under this subsection shall serve for terms ending June 30, 2003, and each member initially so appointed shall continue to hold office until his or her successor is appointed and qualified. (b-5) On January 15, 2025, the terms of all members of the Chicago Board of Education appointed under subsection (b) are abolished when the new board, consisting of 21 members, is appointed by the Mayor and elected by the electors of the school district as provided under subsections (b-10) and (b-15) and takes office. (b-10) By December 16, 2024, the Mayor shall appoint a President of the Board for a 2-year term that begins January 15, 2025. The Board shall elect annually from its number a vice-president, in such manner and at such time as the Board determines by its rules. The President appointed by the Mayor and Vice-President elected by the Board shall each perform the duties imposed upon their respective office by the rules of the Board, provided that (i) the President shall preside at meetings of the board and shall only have voting rights to break a voting tie of the other Chicago Board of Education elected and appointed members and (ii) the Vice-President shall perform the duties of the President if that office is vacant or the President is absent or unable to act. Beginning with the 2026 general election, one member shall be elected at large and serve as the President of the Board for a 4-year term that begins January 15, 2027. On and after January 15, 2027, the President of the Board shall preside at meetings of the Board and vote as any other member but have no power of veto. The Secretary of the Board shall be selected by the Board and shall be an employee of the Board rather than a member of the Board, notwithstanding subsection (d) of Section 34-3.3. The duties of the Secretary shall be imposed by the rules of the Board. (b-15) For purposes of selection of members of the Chicago Board of Education, the City of Chicago shall be divided into 10 districts, and each of those 10 districts shall be subdivided into 2 subdistricts as provided in subsection (a) of Section 34-21.10. Until January 15, 2027, each district shall be represented by one member who is elected at the 2024 general election to a 2-year term that begins January 15, 2025 and one member who is appointed by the Mayor by no later than December 16, 2024 to a 2-year term that begins January 15, 2025. Each elected member shall reside within the district that the member represents, and each appointed member shall reside both within the district that the member represents and outside of the subdistrict within which the elected member of the district resides. Beginning January 15, 2027, each subdistrict shall be represented by one member who is elected at the 2026 general election. If a member is elected at the 2026 general election to fill the expired term of an appointed member, then the elected member shall serve a 2-year term that begins January 15, 2027. If a member is elected at the 2026 general election to fill the expired term of an elected member, then the member shall serve a 4-year term that begins January 15, 2027. If a member is elected at the 2026 general election to serve a 2-year term, then the member elected at the 2028 general election shall serve a 4-year term that begins January 15, 2029. If a member is elected at the 2026 general election to serve a 4-year term, then the member elected in that subdistrict at the 2030 general election shall serve a 2-year term that begins January 15, 2031. Beginning with the members elected at the 2032 general election, the members of each subdistrict shall serve two 4-year terms and one 2-year term for each 10-year period thereafter. As determined by lot, the terms of the members representing the subdistricts shall be the following: (1) the members representing 7 subdistricts shall be | ||
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(2) the members representing 7 subdistricts shall be | ||
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(3) the members representing 6 subdistricts shall be | ||
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Each elected member shall reside within the subdistrict that the member represents. (b-20) All elected and appointed members shall serve until a successor is appointed or elected and qualified. Whenever there is a vacancy in the office of an appointed member of the Board, the Mayor shall appoint a successor who has the same qualifications as the member's predecessor to fill the vacancy for the remainder of the unexpired term. Whenever there is a vacancy in the office of an elected member of the Board, the President of the Board shall notify the Mayor of the vacancy within 7 days after its occurrence and shall, within 30 days, fill the vacancy for the remainder of the unexpired term by majority vote of the remaining members of the Board. The successor to the elected member shall have the same qualifications as the member's predecessor. (b-30) The provisions of Section 10-9 of this Code apply to members of the Chicago Board of Education when the Board is considering any contract, work, or business of the district, and the provisions of the Public Officer Prohibited Activities Act that apply to persons holding elected or appointed public office also apply to members of the Board, notwithstanding any other provision of this Code or any law to the contrary. (c) The Board may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the Board. The Board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the Board. (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 103-584, eff. 3-18-24.) |
(105 ILCS 5/34-3.1) (from Ch. 122, par. 34-3.1)
Sec. 34-3.1.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-3.2) (from Ch. 122, par. 34-3.2)
Sec. 34-3.2.
Board training.
After January 1, 1990 all board members
shall participate in training provided by board employees or
not-for-profit organizations, including without limitation the following:
1. budget and revenue review;
2. education theory and governance;
3. governmental relations;
4. school-based management; and
5. State and federal education law and regulations.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34-3.3)
Sec. 34-3.3.
Chicago School Reform Board of Trustees; powers and duties;
chief operating, fiscal, educational, and purchasing officers. The General
Assembly finds that an education crisis exists in the Chicago Public Schools
and that a 5-member Chicago School Reform Board of Trustees shall be
established for a 4 year period to bring educational and financial
stability to the system. The Trustees and their chief executive officer are
empowered and directed to:
(i) increase the quality of educational services in the Chicago Public Schools;
(ii) reduce the cost of non-educational services and implement cost-saving
measures including the privatization of services where deemed appropriate;
(iii) develop a long-term
financial plan that to the maximum extent possible reflects a balanced budget
for each year; (iv) streamline and strengthen the management of the system,
including a responsible school-based budgeting process, in order to refocus
resources on student achievement; (v) ensure ongoing academic improvement in
schools through the establishment of an Academic Accountability Council and a
strong school improvement and recognition process; (vi) enact policies and
procedures that ensure the system runs in an ethical as well as efficient
manner; (vii) establish within 60 days after the effective date of this
amendatory Act of 1995, develop, and implement a process for the selection of a
local school council advisory board for the Trustees in which those individuals
active on Local School Councils serve an advisory role to the Trustees; (viii)
establish any organizational structures, including regional offices, that it
deems necessary to ensure the efficient and effective operation of the system;
and (ix) provide for such other local school council advisory bodies as the
Trustees deem appropriate to function in an advisory capacity to any other
organizations or offices established by the Trustees under clause (viii) of
this Section.
(a) Unless otherwise provided in this Article, the Trustees shall have all
powers and duties exercised and performed by the Chicago Board
of Education at the time the terms of its members are abolished as provided in
subsection (a) of Section 34-3.
(b) The Mayor shall appoint a chief executive officer who shall be a person
of recognized administrative ability
and management experience, who shall be responsible for the management of
the system, and who shall have all
other powers and duties of the general superintendent as set forth in this
Article 34. The chief executive officer shall make recommendations to the
Trustees with respect to contracts, policies, and procedures.
(c) The chief executive officer shall appoint, with the approval of the
Trustees, a chief operating officer, a chief fiscal officer, a chief
educational officer, and a chief purchasing officer to serve until June
30, 1999. These officers shall be assigned duties and responsibilities
by the chief executive officer. The chief operating officer, the chief fiscal
officer, the chief educational officer, and the chief purchasing officer may be
granted authority to hire a specific number of employees to assist in meeting
immediate responsibilities. The chief executive officer may remove any
officer, subject to the approval of the Trustees. Conditions of employment for
such personnel shall not be subject to the provisions of Section 34-85.
(d) Upon the expiration on June 30, 1999 of the terms of office of the
chief executive, operating, fiscal, educational, and purchasing officers
appointed under this Section and the appointment of a new Chicago Board of
Education under subsection (b) of Section 34-3, the board may retain,
reorganize, or abolish any or all of those offices and appoint qualified
successors to fill any of those offices that it does not abolish.
(e) The Trustees shall report to the State Superintendent of Education
with respect to its performance, the nature of the reforms which it has
instituted, the effect those reforms have had in the operation of the central
administrative office and in the performance of pupils, staff, and members of
the
local school councils at the several attendance centers within the district,
and such other matters as the Trustees deem necessary to help assure
continuing improvement in the public school system of the district. The
reports shall be public documents and shall be made annually, beginning with
the school year that commences in 1995 and concluding in the school year
beginning in 1999.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-3.4)
Sec. 34-3.4.
(Repealed).
(Source: P.A. 91-622, eff. 8-19-99. Repealed internally, eff. 6-30-04.)
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(105 ILCS 5/34-3.5)
Sec. 34-3.5. (Repealed).
(Source: P.A. 93-3, eff. 4-16-03. Repealed by P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/34-4) (from Ch. 122, par. 34-4) Sec. 34-4. Eligibility. To be eligible for election or appointment to the Board, a person shall be a citizen of the United States, shall be a registered voter as provided in the Election Code, shall have been, for a period of one year immediately before election or appointment, a resident of the city, district, and subdistrict that the member represents, and shall not be a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012. A person is ineligible for election or appointment to the Board if that person is not in compliance with the provisions of Section 10-9 as referenced in Section 34-3. For the 2024 general election, all persons eligible for election to the Board shall be nominated by a petition signed by at least 1,000 but not more than 3,000 of the voters residing within the electoral district on a petition in order to be placed on the ballot. For the 2026 general election and general elections thereafter, persons eligible for election to the Board shall be nominated by a petition signed by at least 500 but no more than 1,500 voters residing within the subdistrict on a petition in order to be placed on the ballot, except that persons eligible for election to the Board at large shall be nominated by a petition signed by no less than 2,500 voters residing within the city. Any registered voter may sign a nominating petition, irrespective of any partisan petition the voter signs or may sign. For the 2024 general election only, the petition circulation period shall begin on March 26, 2024, and the filing period shall be from June 17, 2024 to June 24, 2024. Permanent removal from the city by any member of the Board during the member's term of office constitutes a resignation therefrom and creates a vacancy in the Board. Board members shall serve without any compensation; however, members of the Board shall be reimbursed for expenses incurred while in the performance of their duties upon submission of proper receipts or upon submission of a signed voucher in the case of an expense allowance evidencing the amount of such reimbursement or allowance to the President of the Board for verification and approval. Board members shall not hold other public office under the Federal, State or any local government other than that of Director of the Regional Transportation Authority, member of the economic development commission of a city having a population exceeding 500,000, notary public or member of the National Guard, and by accepting any such office while members of the Board, or by not resigning any such office held at the time of being elected or appointed to the Board within 30 days after such election or appointment, shall be deemed to have vacated their membership in the Board.(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 103-584, eff. 3-18-24.) |
(105 ILCS 5/34-4.1) Sec. 34-4.1. Nomination petitions. In addition to the requirements of the general election law, the form of petitions under Section 34-4 of this Code shall be substantially as follows:NOMINATING PETITIONS (LEAVE OUT THE INAPPLICABLE PART.) To the Board of Election Commissioners for the City of Chicago: We the undersigned, being (.... or more) of the voters residing within said district, hereby petition that .... who resides at .... in the City of Chicago shall be a candidate for the office of .... of the Chicago Board of Education (full term) (vacancy) to be voted for at the election to be held on (insert date). Name: .................. Address: ................... In the designation of the name of a candidate on a petition for nomination, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof may be used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition, then (i) the candidate's name on the petition must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in clause (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot, but these requirements do not apply to name changes to conform a candidate's name to the candidate's identity or name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage or civil union to assume a spouse's surname, or dissolution of marriage or civil union or declaration of invalidity of marriage to assume a former surname. No other designation, such as a political slogan, as defined by Section 7-17 of the Election Code, title or degree, or nickname suggesting or implying possession of a title, degree or professional status, or similar information may be used in connection with the candidate's surname. All petitions for the nomination of members of the Chicago Board of Education shall be filed with the board of election commissioners of the jurisdiction in which the principal office of the school district is located within the time provided for by Article 7 of the Election Code, except that petitions for the nomination of members of the Chicago Board of Education for the 2024 general election shall be prepared and certified as outlined in Article 10 of the Election Code. The board of election commissioners shall receive and file only those petitions that include a statement of candidacy, the required number of voter signatures, the notarized signature of the petition circulator, and a receipt from the county clerk showing that the candidate has filed a statement of economic interest on or before the last day to file as required by the Illinois Governmental Ethics Act. The board of election commissioners may have petition forms available for issuance to potential candidates and may give notice of the petition filing period by publication in a newspaper of general circulation within the school district not less than 10 days prior to the first day of filing. The board of election commissioners shall make certification to the proper election authorities in accordance with the general election law. The board of election commissioners of the jurisdiction in which the principal office of the school district is located shall notify the candidates for whom a petition for nomination is filed or the appropriate committee of the obligations under the Campaign Financing Act as provided in the general election law. Such notice shall be given on a form prescribed by the State Board of Elections and in accordance with the requirements of the general election law. The board of election commissioners shall within 7 days of filing or on the last day for filing, whichever is earlier, acknowledge to the petitioner in writing the office's acceptance of the petition. A candidate for membership on the Chicago Board of Education who has petitioned for nomination to fill a full term and to fill a vacant term to be voted upon at the same election must withdraw his or her petition for nomination from either the full term or the vacant term by written declaration. Nomination petitions are not valid unless the candidate named therein files with the board of election commissioners a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such receipt shall be so filed either previously during the calendar year in which his or her nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law. (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 103-467, eff. 8-4-23; 103-584, eff. 3-18-24.) |
(105 ILCS 5/34-4.5)
Sec. 34-4.5. Chronic truants.
(a) Socio-emotional focused attendance intervention. The chief executive officer or the chief executive officer's designee shall implement a socio-emotional focused attendance approach that targets the underlying causes of chronic truancy. For each pupil identified as a chronic truant, as defined in Section 26-2a of this Code, the board may establish an individualized student attendance plan to identify and resolve the underlying cause of the pupil's chronic truancy.
(b) Notices. Prior to the implementation of any truancy intervention services pursuant to subsection (d) of this Section, the
principal of
the school attended by the pupil or the principal's designee shall notify the
pupil's parent or guardian by personal visit, letter, or telephone of each
unexcused absence of the pupil. After giving the parent or guardian notice of
the tenth unexcused absence of the pupil, the principal or the principal's
designee shall send the pupil's parent or guardian a letter, by certified mail,
return receipt requested, notifying the parent or guardian that he or she is
subjecting himself or herself to truancy intervention services as provided under
subsection (d) of this Section.
(c) (Blank).
(d) Truancy intervention services. The chief executive officer or the chief executive officer's designee may require the pupil or the pupil's
parent or guardian or both the pupil and the pupil's parent or guardian to do
any or all of the following: complete a parenting education program;
obtain counseling or other supportive services; and comply with an
individualized
educational plan or service plan as provided by appropriate school officials.
If the parent or guardian of the chronic truant shows that he or she
took reasonable steps to ensure attendance of the pupil at school, he or she
shall not be required to perform services.
(e) Non-compliance with services. Notwithstanding any other provision of law to the contrary, if a pupil determined by the chief executive officer or the chief executive officer's designee to be a chronic truant or the parent or guardian of the pupil fails to fully participate in the services offered
under subsection (d)
of this Section, the chief executive officer or the chief executive officer's designee may refer the
matter to the Department of Human Services, the Department of Healthcare and Family Services, or any other applicable organization or State agency for socio-emotional based intervention and prevention services. Additionally, if the circumstances regarding a pupil identified as a chronic truant reasonably indicate that the pupil may be subject to abuse or neglect, apart from truancy, the chief executive officer or the chief executive officer's designee must report any findings that support suspected abuse or neglect to the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act. A State agency that receives a referral may enter into a data sharing agreement with the school district to share applicable student referral and case data. A State agency that receives a referral from the school district shall implement an intake process that may include a consent form that allows the agency to share information with the school district.
(f) Limitation on applicability. Nothing in this Section shall be construed
to apply to a parent or guardian of a pupil not required to attend a public
school pursuant to Section 26-1.
(Source: P.A. 102-456, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-5) (from Ch. 122, par. 34-5)
Sec. 34-5.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-6) (from Ch. 122, par. 34-6)
Sec. 34-6. Superintendent of schools. After June 30, 1999, the board
may, by a vote of a majority of its full membership, appoint a
general superintendent of schools to serve pursuant to a performance-based
contract for a term ending on June 30th of the third calendar year after
his or her appointment. He shall be the chief administrative officer of
the board and shall have charge and
control, subject to the approval of the board and to other
provisions of this Article, of all departments and the
employees therein of public schools, except the law department. He shall
negotiate contracts with all
labor organizations which are exclusive representatives of educational
employees employed under the
Illinois Educational Labor Relations Act. All contracts shall be subject to
approval of the Board of Education. The board may conduct a
national
search for a general superintendent. An incumbent general superintendent
may not be precluded from being included in such national search.
Persons appointed pursuant to this Section shall be exempt from the
provisions and requirements of Sections 21-1a, 21-7.1, and 21B-15 of this Code.
(Source: P.A. 97-607, eff. 8-26-11.)
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(105 ILCS 5/34-6.1) (from Ch. 122, par. 34-6.1)
Sec. 34-6.1.
The president or general superintendent shall report any
requests made of the district under provisions of The Freedom of
Information Act and shall report the status of the district's response.
(Source: P.A. 85-942.)
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(105 ILCS 5/34-7) (from Ch. 122, par. 34-7)
Sec. 34-7.
Establishment of departments.
The board of education shall establish such general departments as it
may deem necessary or appropriate and determine the duties and functions of
each. The heads of such departments shall be appointed by the general
superintendent of schools subject to the approval of a majority of the full
membership of the board. Nothing contained in this Section shall apply to
the law department.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-8) (from Ch. 122, par. 34-8) Sec. 34-8. Powers and duties of general superintendent. The general superintendent of schools shall prescribe and control,
subject to the approval of the board and to other provisions of this
Article, the courses of study mandated by State law, textbooks,
educational apparatus and equipment, discipline in and conduct of the
schools, and shall perform such other duties as the board may by rule
prescribe. The superintendent shall also notify the State Board of
Education, the board and the chief administrative official, other than the
alleged perpetrator himself, in the school where the alleged perpetrator
serves, that any person who is employed in a school or otherwise comes into
frequent contact with children in the school has been named as a
perpetrator in an indicated report filed pursuant to the Abused and
Neglected Child Reporting Act, approved June 26, 1975, as amended. The general superintendent may be granted the authority by the board
to hire a specific number of employees to assist in meeting immediate
responsibilities. Conditions of employment for such personnel shall not be
subject to the provisions of Section 34-85. The general superintendent may, pursuant to a delegation of authority by
the board and Section 34-18, approve contracts and expenditures. Pursuant to other provisions of this Article, sites shall be selected,
schoolhouses located thereon and plans therefor approved, and textbooks
and educational apparatus and equipment shall be adopted and purchased
by the board only upon the recommendation of the general superintendent
of schools or by a majority vote of the full membership of the board
and, in the case of textbooks, subject to Article 28 of this Act. The
board may furnish free textbooks to pupils and may publish its own
textbooks and manufacture its own apparatus, equipment and supplies. In addition, in January of each year,
the general
superintendent of schools shall report to the State Board of Education the number of high school students
in the district who are enrolled in accredited courses (for which high
school credit will be awarded upon successful completion of the courses) at
any community college, together with the name and number of the course or
courses which each such student is taking. The general superintendent shall also have the authority to monitor the
performance of attendance centers, to identify and place an attendance
center on remediation and probation, and to recommend to the board that the
attendance center be placed on intervention and be reconstituted, subject to
the provisions of Sections 34-8.3 and 8.4. The general superintendent, or his or her designee, shall
conduct an annual evaluation of each principal in the district
pursuant to guidelines promulgated by the Board and the Board approved
principal evaluation form. The evaluation
shall be based on factors, including the following:
(i) student academic improvement, as defined by the
school improvement plan; (ii) student absenteeism rates at the school;
(iii) instructional leadership;
(iv) effective implementation of programs, policies, or strategies to
improve student academic achievement; (v) school management;
and (vi) other factors, including, without limitation, the principal's
communication skills and ability to create and maintain a
student-centered learning environment, to develop
opportunities for professional development, and to encourage parental
involvement and community partnerships to achieve school improvement. Effective no later than September 1, 2012, the general superintendent or his or her designee shall develop a written principal evaluation plan. The evaluation plan must be in writing and shall supersede the evaluation requirements set forth in this Section. The evaluation plan must do at least all of the following: (1) Provide for annual evaluation of all principals | ||
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(2) Consider the principal's specific duties, | ||
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(3) Specify the principal's strengths and weaknesses, | ||
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(4) Align with research-based standards. (5) Use data and indicators on student growth as a | ||
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(Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.) |
(105 ILCS 5/34-8.05)
Sec. 34-8.05. Reporting firearms in schools. On or after January 1,
1997,
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 general 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 no later than 24 hours after the occurrence
of the incident and 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. 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.
(Source: P.A. 102-538, eff. 8-20-21.)
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(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
Sec. 34-8.1. Principals. Principals shall be employed to supervise the
operation of each attendance center. Their powers and duties shall include
but not be limited to the authority (i) to
direct, supervise, evaluate, and suspend with or without pay or otherwise
discipline all teachers, assistant principals, and other employees assigned to
the attendance center in accordance with board rules and policies and (ii) to
direct
all other persons assigned to the
attendance center pursuant to a contract with a third party to provide services
to the school system. The right to employ, discharge, and layoff shall be
vested solely with the board, provided that decisions to
discharge or suspend
nonlicensed employees, including disciplinary layoffs, and the
termination of licensed employees from employment pursuant to a layoff
or reassignment policy are subject to review under the grievance resolution
procedure adopted pursuant to subsection (c) of Section 10 of the Illinois
Educational Labor Relations Act. The grievance resolution procedure
adopted by the board shall provide for final and binding arbitration, and,
notwithstanding any other provision of law to the contrary, the
arbitrator's decision may include all make-whole relief, including without
limitation reinstatement. The principal shall fill positions by
appointment as provided in this Section and may make recommendations to the
board regarding the employment, discharge, or layoff of any individual. The
authority of the principal shall include the
authority to direct the hours during which the attendance center
shall be open and available for use provided the use complies with board rules
and policies, to determine when and what operations shall be conducted within
those hours, and to schedule staff within those hours. Under the direction of, and subject to the authority
of the principal, the Engineer In Charge shall
be accountable for the safe, economical operation of the plant and grounds
and shall also be responsible for orientation, training,
and supervising the work of Engineers,
Trainees, school maintenance assistants, custodial workers and other plant
operation employees under his or her direction.
There shall be established by the board a system of semi-annual
evaluations conducted by the principal as to performance of the engineer in charge. Nothing
in this Section shall prevent the principal from conducting additional
evaluations. An overall
numerical rating shall be given by the principal based on the evaluation
conducted by the principal. An unsatisfactory numerical rating shall result in
disciplinary
action, which may include, without limitation and in the judgment of the
principal, loss of
promotion
or bidding procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish
procedures for conducting the
evaluation
and reporting the results to the engineer in charge.
Under the direction of, and subject to the authority of, the principal, the
Food Service Manager is responsible at
all times for the proper operation and maintenance of the lunch room to which
he is assigned and shall also be responsible for the orientation, training, and
supervising the work of cooks, bakers, porters,
and lunchroom attendants under his or
her direction.
There shall be established by the Board a system of semi-annual
evaluations conducted by the principal as to the performance of the food
service manager.
Nothing in this Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall be given by the
principal based on the
evaluation conducted by the principal. An unsatisfactory numerical rating
shall
result in disciplinary action which may include, without limitation and in
the judgment of the principal, loss of promotion or bidding procedure,
reprimand, suspension with or without pay, or recommended dismissal. The board
shall establish rules for conducting the evaluation and
reporting the results to the food service manager.
Nothing in this Section shall be interpreted to require the employment or
assignment of an Engineer-In-Charge or a Food Service Manager for each
attendance center.
Principals shall be employed to supervise the educational operation of
each attendance center. If a principal is absent due to extended
illness or leave of absence, an assistant principal may be assigned as
acting principal for a period not to exceed 100 school days. Each principal
shall assume administrative responsibility and instructional leadership, in
accordance with reasonable rules and regulations of the board, for the
planning, operation and evaluation of the educational program of the
attendance center to which he is assigned. The principal shall submit
recommendations to the general superintendent concerning the appointment,
dismissal, retention, promotion, and assignment of all personnel assigned to
the attendance center; provided, that from and after September 1, 1989: (i) if
any vacancy occurs in a position at the
attendance center or if an additional or new position is created at the attendance center, that position shall be filled
by appointment made by the principal in accordance with procedures
established and provided by the Board
whenever the majority of the duties included in that position are to be
performed at the attendance center which is under the principal's supervision,
and each such appointment so made by the principal
shall be made and based upon merit and ability to perform in that position
without regard to seniority or length of service, provided, that such
appointments shall be subject to the Board's desegregation obligations,
including but not limited to the Consent Decree and Desegregation Plan in
U.S. v. Chicago Board of Education; (ii)
the principal shall submit recommendations based upon merit and ability to
perform in the particular position, without regard to
seniority or length of service, to the general
superintendent
concerning the appointment of any teacher, teacher aide, counselor, clerk,
hall guard, security guard and any other personnel which is
to be made by the general superintendent whenever less than
a majority
of the duties of that teacher, teacher aide, counselor, clerk, hall guard,
and security guard and any other personnel are to be performed
at the attendance center which is under the principal's supervision; and
(iii) subject to law and the applicable collective bargaining agreements,
the authority and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an attendance
center shall commence immediately upon his or her appointment as principal
of the attendance center, without regard to the length of time that he or
she has been the principal of that attendance center.
Notwithstanding the existence of any other law of this State, nothing in
this Act shall prevent the board from entering into a contract with a third
party for services currently performed by any employee or bargaining unit
member.
Notwithstanding any other provision of this Article, each principal may
approve contracts, binding on the board, in the amount of no more than $10,000,
if the contract is endorsed by the Local School Council.
Unless otherwise prohibited by law or by rule of the board, the principal
shall provide to local
school council members copies of all
internal audits and any other pertinent information generated by any audits or
reviews of the programs and operation of the attendance center.
Each principal shall hold a valid Professional Educator License issued in accordance with Article 21B and endorsed
as required by that Article for the position of principal. The board may
establish or impose clear, specific, explicit, and objective academic,
educational, examination, and experience requirements and
criteria that are in addition
to those established and required by Article 21B for issuance of a valid license
endorsed for the position of principal as a condition of the nomination, selection,
appointment,
employment, or continued employment of a person as principal of any
attendance center or as a condition of the renewal of any principal's
performance contract. If the additional requirements and criteria result or may result in the exclusion of an otherwise qualified and licensed candidate from being eligible for selection to serve as a principal of an attendance center, then the board shall maintain a public database that includes the names of all the candidates who are eligible to be selected as a principal and who do not choose to not have their name included in the database. The board shall give notice of no less than 30 days to all otherwise qualified and licensed candidates each quarter of their ability to be included in the database and shall make updates to the database within no more than 10 days after the end of the quarter for which notice is given.
The board must establish standards and procedures to ensure that no candidate is deemed ineligible to be selected as a principal for reasons that are not directly related to the candidate's anticipated performance as a principal. The standards and procedures established by the board must do all of the following: (1) Set forth all of the specific criteria used by | ||
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(2) Provide each candidate with a written, | ||
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(3) Provide remediation goals and other supportive | ||
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(4) Include provisions to ensure that no person is | ||
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The board, in cooperation with the organization that represents the district's principals and assistant principals, must establish a grievance and hearing procedure for those candidates the general superintendent or the general superintendent's designee has deemed ineligible to serve as principal of an attendance center or whose eligibility has been slated for revocation. The evaluator must be a State Board of Education-trained principal evaluator or must receive such training before rendering a decision. The hearing officer must receive sufficient training in principal evaluation processes and criteria to render an informed decision. Within 10 days after the general superintendent or the general superintendent's designee determines that a candidate is ineligible or makes a decision to revoke the eligibility of an administrator, the general superintendent or the general superintendent's designee must notify the candidate or administrator, in writing, of the specific reasons for the general superintendent's or the general superintendent's designee's determination of the candidate's or administrator's ineligibility. Within 30 days after receiving this notification, the candidate or administrator may request that the general superintendent or the general superintendent's designee initiate a review of the decision through the grievance and hearing process established pursuant to this Section.
In the case of a principal who is deemed ineligible based on a performance evaluation, the evaluator conducting the review must consider as evidence of the principal's performance any local school council evaluation that covers the same evaluation period. If a decision to revoke eligibility is grieved, the administrator shall remain on the eligibility list until the administrator receives a decision in the grievance. However, prior to any hiring decision, the board may communicate to any local school council that the administrator has a grievance pending while the grievance is pending. The grievance decision shall be binding on the principal and the board. If performance evaluations are included in the criteria used by the board in determining that a principal is no longer eligible to seek a principal position at an attendance center, the board's criteria must use the standard of either an unsatisfactory summative evaluation or 2 or more basic or lower summative performance evaluations within a period of 7 school years, except as provided below in the case of a principal who is in his or her first principal position. A principal with summative performance evaluations of basic in the principal's first 2 school years in that role shall not impact a principal's eligibility status if the principal earns an increased numerical rating in at least one competency domain while maintaining ratings on all other competency domains in the school year immediately following the basic rating. A principal who is deemed ineligible based on a performance evaluation may request that the general superintendent review that determination under the grievance procedure, in which case the general superintendent's designee must be a State Board of Education-trained principal evaluator, and, in conducting that review, the general superintendent's designee must consider any local school council evaluation that covers the same evaluation period. If an individual evaluator rates an individual principal as unsatisfactory for the first time, the board may not determine that a principal is no longer eligible to serve as a principal based on performance evaluations from that evaluator if, during the same school term of service, the local school council's evaluation of the principal's performance was distinguished. If a principal has been deemed ineligible based on a performance evaluation, the principal's status is restored to eligible when the principal receives a proficient or higher summative performance evaluation rating, provided the principal meets all other criteria for eligibility. The board shall specify in its formal job description for principals,
and from and after July 1, 1990 shall specify in the 4 year
performance contracts for use with respect to all principals,
that his or her primary responsibility is in the improvement of
instruction. A majority of the time spent by a principal shall be spent on
curriculum and staff development through both formal and informal
activities, establishing clear lines of communication regarding school
goals, accomplishments, practices and policies with parents and teachers.
The principal, with the assistance of the local school council, shall
develop a school improvement plan as provided in Section 34-2.4 and, upon
approval of the plan by the local school council, shall
be responsible for directing implementation of the plan. The principal,
with the assistance of the professional personnel leadership committee, shall
develop the specific methods and contents of the school's curriculum within
the board's system-wide curriculum standards and objectives and the
requirements of the school improvement plan. The board shall ensure that all
principals are evaluated on their instructional leadership ability and their
ability to maintain a positive education and learning climate. It shall also
be the responsibility of the principal to utilize resources of proper law
enforcement agencies when the safety and welfare of students and teachers are
threatened by illegal use of drugs and alcohol, by illegal use or possession
of weapons, or by illegal gang activity.
Nothing in this Section shall prohibit the board and the exclusive representative of the district's teachers from entering into an agreement under Section 34-85c of this Code to establish alternative procedures for teacher evaluation, remediation, and removal for cause after remediation, including an alternative system for peer evaluation and recommendations, for teachers assigned to schools identified in that agreement.
On or before October 1, 1989, the Board of Education, in consultation
with any professional organization representing principals in the district,
shall promulgate rules and implement a lottery for the purpose of
determining whether a principal's existing performance contract (including
the performance contract applicable to any principal's position in which a
vacancy then exists) expires on June 30, 1990 or on June 30, 1991, and
whether the ensuing 4 year performance contract begins on July 1, 1990 or
July 1, 1991. The Board of Education shall establish and conduct the
lottery in such manner that of all the performance contracts of principals
(including the performance contracts applicable to all principal positions
in which a vacancy then exists), 50% of such contracts shall expire on June
30, 1990, and 50% shall expire on June 30, 1991. All persons serving as
principal on May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner other than
as provided by Section 34-2.3, shall be deemed by operation of
law to be serving under a performance contract which expires on June 30,
1990 or June 30, 1991; and unless such performance contract of any such
principal is renewed (or such person is again appointed to serve as
principal) in the manner provided by Section 34-2.2 or 34-2.3, the
employment of such person as principal shall terminate on June 30, 1990
or June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and thereafter, the
principal of each attendance center shall be the person selected in the
manner provided by Section 34-2.3 to serve as principal of that attendance
center under a 4 year performance contract. All performance contracts of
principals expiring after July 1, 1990, or July 1, 1991, shall commence on
the date specified in the contract, and the renewal of their performance
contracts and the appointment of principals when their performance contracts
are not renewed shall be governed by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office of a principal occurs for any reason, the vacancy shall
be filled by the selection of a new principal to serve under a 4 year
performance contract in the manner provided by Section 34-2.3.
The board of education shall develop and prepare, in consultation with
the organization representing principals, a performance contract for
use
at all attendance centers, and shall furnish the same to each local school
council. The term of the performance contract shall be 4 years, unless the
principal is retained by the decision of a hearing officer pursuant to
subdivision 1.5 of Section 34-2.3, in which case the contract shall be
extended for 2 years. The performance
contract of each principal shall consist of the
uniform performance contract, as developed or from time to time modified by the
board, and such additional criteria as are established by a local school
council pursuant to Section 34-2.3 for the performance contract of its
principal.
During the term of his or her performance contract, a principal may be
removed only as provided for in the performance contract except for cause.
He or she shall also be obliged to follow the rules of the board of
education concerning conduct and efficiency.
In the event the performance contract of a principal is not renewed or a
principal is not reappointed as principal under a new performance contract,
or in the event a principal is appointed to any position of
superintendent or higher position, or voluntarily
resigns his position of principal, his or her employment as a principal
shall terminate and such former principal shall not be
reinstated to the position from which he or she was promoted to principal,
except that he or she, if otherwise qualified and licensed in accordance
with Article 21B, shall be placed by the board on appropriate eligibility
lists which it prepares for use in the filling of vacant or additional or
newly created positions for teachers. The principal's total years of
service to the board as both a teacher and a principal, or in other
professional capacities, shall be used in calculating years of experience
for purposes of being selected as a teacher into new, additional or vacant
positions.
In the event the performance contract of a principal is not renewed or
a principal is not reappointed as principal under a new performance
contract, such principal shall be eligible to continue to receive his or
her previously provided level of health insurance benefits for a period of
90 days following the non-renewal of the contract at no expense to the
principal, provided that such principal has not retired.
(Source: P.A. 102-894, eff. 5-20-22; 102-1139, eff. 2-10-23.)
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(105 ILCS 5/34-8.1a)
Sec. 34-8.1a.
Waiver of collective bargaining agreement provisions.
Notwithstanding the provisions of any law or collective
bargaining agreement to
the
contrary, the principal, with the concurrence of at least 63.5% through August
31, 1995, and 51% thereafter of an
attendance
center's personnel in the teachers' bargaining unit, whether
certificated or uncertificated
non-academic, shall have the right to declare waived and superseded a provision
of the teachers' collective bargaining
agreement as it applies in or at the
attendance center to the bargaining unit's employees.
Any collective bargaining agreement
entered into after the effective date of this amendatory Act of 1995 with a
bargaining unit other than the teachers' bargaining unit shall contain a
waiver procedure that meets
the requirements of this Section.
Any waiver approved as provided in this Section shall be final upon
concurrence of the required percentage of personnel and shall not be subject to
approval or rejection by a bargaining unit or a committee of the bargaining
unit.
(Source: P.A. 88-511; 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-8.1b)
Sec. 34-8.1b. (Repealed).
(Source: P.A. 89-15, eff. 5-30-95. Repealed by P.A. 102-1138, eff. 2-10-23.)
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(105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
Sec. 34-8.3. Remediation and probation of attendance centers.
(a) The general superintendent shall monitor the
performance of the
attendance centers within the district and shall
identify
attendance centers, pursuant to criteria that the board shall establish,
in which:
(1) there is a failure to develop, implement, or | ||
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(2) there is a pervasive breakdown in the educational | ||
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(3) (blank); or
(4) there is a failure or refusal to comply with the | ||
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(b) If the general superintendent identifies a
nonperforming school
as described herein, he or she shall place the attendance center on
remediation by developing a remediation plan for the center. The purpose
of the remediation plan shall be to correct the deficiencies in the
performance of the attendance center by one or more of the following methods:
(1) drafting a new school improvement plan;
(2) applying to the board for additional funding for | ||
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(3) directing implementation of a school improvement | ||
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(4) mediating disputes or other obstacles to reform | ||
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Nothing in this Section removes any authority of the local school council, which shall retain the right to reject or modify any school improvement plan or implementation thereof, as long as the rejection or modification of any school improvement plan or implementation thereof is consistent with State and federal requirements. If, however, the general superintendent determines that
the problems
are not able to be remediated by these methods, the
general superintendent shall place the attendance center on probation.
The board shall establish guidelines that determine the factors for placing
an attendance center on probation.
(c) Each
school placed on probation shall have a school improvement plan
and school budget for correcting deficiencies identified
by the board. The plan shall
include specific steps that the local school council and school staff must
take to correct identified deficiencies and specific objective criteria
by which the
school's subsequent progress will be determined.
The school budget shall include specific expenditures directly calculated to
correct educational and operational deficiencies identified at the school by
the probation team.
(d) Schools placed on probation that, after a maximum of one year, fail
to make
adequate progress in correcting deficiencies are subject to the following actions
by the general superintendent with the approval of the board, after
opportunity for a hearing:
(1) Ordering new local school council elections.
(2) Removing and replacing the principal.
(3) Replacement of faculty members, subject to the | ||
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(4) Reconstitution of the attendance center and | ||
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(5) Intervention under Section 34-8.4.
(5.5) Operating an attendance center as a contract | ||
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(6) Closing of the school.
(e) Schools placed on probation shall remain on probation from year to
year until deficiencies are corrected, even if such schools make acceptable
annual progress.
The board shall establish, in writing, criteria for determining whether or
not a school shall remain on probation. If academic achievement tests are used
as the factor for placing a school on probation, the general superintendent
shall consider objective criteria, not just an increase in test scores, in
deciding whether or not a school shall remain on probation. These criteria
shall include attendance, test scores, student mobility rates, poverty rates,
bilingual education eligibility, special education, and English language
proficiency programs, with progress made in these areas being taken into
consideration in deciding whether or not a school shall remain on probation. Such criteria shall be delivered to each local school council on or before October 31 of each year. (e-5) Notwithstanding any other provision of this Section to the contrary, a school that has been on probation for 5 years or more shall have the following powers restored to its local school council:
(1) to grant approval of the school improvement plan; | ||
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(2) to approve the school budget. With respect to the employment, dismissal, and evaluation of a school principal, the local school council of a school that has been on probation for 5 years or more shall conduct a non-binding poll that must be considered by the network chief. The network chief shall work collaboratively with the local school council throughout the process of employment, dismissal, and evaluation of a school principal. (f) Where the board
has reason to believe that violations of
civil rights, or of civil or criminal law have occurred, or when the general
superintendent deems that the school is in educational crisis it may take
immediate corrective action, including the actions specified in this Section,
without first placing the school on remediation or probation. Nothing
described herein shall limit the authority of the board as provided by any law
of this State. The board shall
develop criteria governing the determination regarding when a school is in
educational crisis. Such criteria shall be delivered to each local school council on or before October 31 of each year.
(g) All persons serving as subdistrict superintendent on May 1, 1995 shall
be deemed by operation of law to be serving under a performance contract which
expires on June 30, 1995, and the employment of each such person as subdistrict
superintendent shall terminate on June 30, 1995. The board shall have no
obligation to compensate any such person as a subdistrict superintendent after
June 30, 1995.
(h) The general superintendent shall, in
consultation with local
school councils, conduct an annual evaluation of each principal in the
district pursuant to guidelines promulgated by the Board of
Education.
(Source: P.A. 102-677, eff. 12-3-21.)
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(105 ILCS 5/34-8.3a)
Sec. 34-8.3a.
Financial supervision of attendance centers.
(a) A fiscal advisor that has been appointed pursuant to subsection (a) of
Section 34-2.1
of this Code shall, not later than 90 days after his or her appointment, report
to the general
superintendent, the board of education, the local school council, and the
principal of the school on
the progress made in addressing any of the financial deficiencies. If the
fiscal advisor determines
that the attendance center has rectified all identified deficiencies or has made satisfactory
progress in addressing identified deficiencies such that the deficiencies shall be corrected
subsequent to the 90-day period, no further action shall be taken by the
Board. If, however, the local school council and the principal have not
rectified or made satisfactory progress in correcting identified deficiencies,
the general superintendent may appoint a financial supervision team,
consisting of the fiscal advisor, the general superintendent or his or her
designee, and a representative of an outside, independent auditor. Financial
supervision teams may develop and implement school budgets to correct the
financial irregularities identified in the fiscal advisor's report. The
budget shall identify specifically those expenditures that directly correct
the irregularities identified in the fiscal advisor's report. Financial
supervision teams shall institute systems and procedures necessary to achieve
appropriate fiscal management at the school.
(b) Financial supervision teams may modify an existing school improvement
plan only to the extent necessary to implement the school budget it develops.
Modifications to a school improvement plan shall include specific steps that
the local school council and school staff must take to correct each specific
financial irregularity identified by the fiscal advisor's report. The
modifications to a school improvement plan shall further specify objective
criteria by which the deficiencies identified in the fiscal advisor's report
are to be corrected. The local school council and school staff shall be
consulted on the school budget and modifications to the school improvement
plan to be implemented by the financial supervision team but will have no
authority to modify either.
(c) Upon implementation of the budget developed by the financial supervision
team, and accompanying modifications to a school improvement plan, the
financial supervision team's authority to conduct fiscal or related educational
management of a school shall cease.
(Source: P.A. 91-622, eff. 8-19-99.)
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(105 ILCS 5/34-8.4)
Sec. 34-8.4.
Intervention.
The Chicago Schools Academic Accountability Council may recommend to the
Chicago School Reform Board of Trustees that any school placed on remediation
or probation under Section 34-8.3 or schools that for the 3 consecutive
school years of 1992-1993, 1993-1994, and 1994-1995 have met the State Board of
Education's category of "does not meet expectations" be made subject to
intervention under this Section 34-8.4. In addition to any powers created
under this Section, the Trustees shall have all powers created under Section
34-8.3 with respect to schools subjected to intervention.
Prior to subjecting a school to intervention, the Trustees shall conduct a
public hearing and make findings of facts concerning the recommendation of the
Chicago Schools Academic Accountability Council and the factors causing the
failure of the school to adequately perform. The Trustees shall afford an
opportunity at the hearing for interested persons to comment about the
intervention recommendation. After the hearing has been held and completion of
findings of fact,
the Trustees shall make a determination whether to subject the school to
intervention.
If the Trustees determine that a school shall be subject to intervention
under this Section, the Trustees shall develop an intervention implementation
plan and shall cause a performance evaluation to be made of each employee at
the school. Upon consideration of such evaluations, and consistent with the
intervention implementation plan, the Trustees may reassign, layoff, or
dismiss any employees at the attendance center, notwithstanding the provisions
of Sections 24A-5 and 34-85.
The chief educational officer shall appoint a principal for the school and
shall set the terms and conditions of the principal's contract, which in no
case may be longer than 2 years. The principal shall select all teachers and
non-certified personnel for the school as may be necessary. Any provision of
Section 34-8.1 that conflicts with this Section shall not apply to a school
subjected to intervention under this Section.
If pursuant to this Section, the general superintendent, with the approval of
the board, orders new local school council elections, the general
superintendent shall carry out the responsibilities of the local school council
for a school subject to intervention until the new local school council members
are elected and trained.
Each school year, 5% of the supplemental general State aid
funds distributed to a school subject
to intervention during that school year under subsection 5(i)(1)(a)
of part A of Section 18-8 or subsection (H) of Section 18-8.05 shall be
used for employee performance incentives.
The Trustees shall prepare a report evaluating the results of any interventions
undertaken pursuant to this Section and shall make recommendations concerning
implementation of special programs for dealing with underperforming schools on
an ongoing basis. This report shall be submitted to the State Superintendent
of Education and Mayor of the City of Chicago by January 1, 1999.
(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97; 90-548, eff. 1-1-98.)
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(105 ILCS 5/34-8.5)
Sec. 34-8.5.
(Repealed).
(Source: Repealed by P.A. 89-3, eff. 2-27-95.)
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(105 ILCS 5/34-8.6)
Sec. 34-8.6.
Short title.
Sections 34-8.6 through 34-8.19 of this Act
may be cited as the Chicago Learning Zone Implementation Law.
(Source: P.A. 89-3, eff. 2-27-95.)
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(105 ILCS 5/34-8.7)
Sec. 34-8.7.
Findings.
The General Assembly observes that the Chicago
Learning Zone Advisory Committee has issued its report and recommendations.
The General Assembly finds, after due consideration of the Committee's report
and
recommendations, that establishment of a Chicago Learning Zone designation, as
the educational version of enterprise zones, will create an opportunity to
accelerate the process of Chicago school reform. The General Assembly further
finds that the Chicago Learning Zone will offer a fundamental change in
operations from a mode of following regulations to an outcome mode, that this
change will be one which concentrates on improving academic achievement in ways
that can be utilized to reform the system, and that this change will be
predicated on the overriding philosophy that attendance centers should be
empowered to develop models most appropriate to their situations.
The General Assembly further observes that the value of a learning experience
is determined by the outcomes achieved, not by the time or place of attendance;
and, it finds that Learning Zone schools should have the ability to operate
without State laws and regulations, board rules, and policies, and the ability
to operate with contractual waivable conditions by a vote of the school staff
governed by the contracts. Accordingly, the General Assembly finds that the
educational needs of the schoolchildren of Chicago
will be served by establishing a Chicago Learning Zone.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-8.8)
Sec. 34-8.8.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-8.9)
Sec. 34-8.9.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-8.10)
Sec. 34-8.10.
Applications for Learning Zone designation.
The board shall
evaluate applications from attendance centers within
Chicago. Applications shall be in the form prescribed by the board. The
board shall, upon majority vote, grant Learning Zone
designations that, in
its judgment, satisfy the goals and requirements of this Law. The board
shall establish policies and procedures necessary to implement this Law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-8.11)
Sec. 34-8.11.
Evaluation criteria.
In determining whether to grant
Learning Zone designation, the board shall consider the
following factors:
(1) The extent to which the application demonstrates that improved student
learning will be the paramount priority and outcome;
(2) Proposed adoption of high, rigorous standards of achievement and outcome
for all students and staff;
(3) Proposed use of shared, collegial decision-making;
(4) Creative, flexible, and innovative proposed restructuring of the
applicant attendance centers to create student-centered learning environments;
(5) Parental and community integration and involvement;
(6) Development of collaborative relationships with health and human
services agencies;
(7) Ability to function on a localized, decentralized basis within the
Chicago public school system;
(8) Appropriateness of budget and resource allocations, including those
functions to be assumed and those to remain centralized;
(9) Impact of the statutes, regulations, rules, and policies for which
waivers are sought; and
(10) Such other factors, not confined to the foregoing, that are fiscally
sound and reasonably determinative of successful student outcome.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-8.12)
Sec. 34-8.12.
Attendance center support.
Applications for Learning Zone
designation must include evidence that the application is supported by the
principal of the attendance center and by a majority vote of the Local School
Council and attendance center staff. Applications shall include that
evidence for each participating attendance center.
(Source: P.A. 89-3, eff. 2-27-95.)
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(105 ILCS 5/34-8.13)
Sec. 34-8.13.
Learning Zone designation principles.
In performing its
duties under this Law, the board shall be guided by the
following
additional principles:
(1) Learning Zone designations should be effective for an initial period of
no less than 3 and no more than 6 years;
(2) Learning Zone designations should encompass clusters of
attendance
centers through joint application from secondary and feeder elementary
schools or in other reasonably related clusters;
(3) Learning Zone designations should encompass, in the aggregate,
approximately 10% of the students enrolled in attendance centers within
Chicago;
(4) Learning Zone designations should, in the aggregate, be reflective
of
the racial and ethnic diversity and demography of students enrolled in
attendance centers within Chicago;
(5) Learning Zone designations should be fully operational commencing with
the 1996-97 school year; and
(6) Learning Zone designation renewals, revisions, and applications for
additional waivers of statutes, regulations, rules, and policies should be
evaluated in light of the goals of this Law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-8.14)
Sec. 34-8.14. Non-waivable provisions. Notwithstanding anything in this Code to
the contrary, statutes, regulations, rules, and policy provisions concerning
the following shall not be waivable:
(1) student civil rights;
(2) staff civil rights;
(3) health and safety;
(4) performance and financial audits;
(5) Local School Council provisions, including | ||
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(6) the Open Meetings Act;
(7) the Freedom of Information Act;
(8) the assessments required under Section 2-3.64a-5 | ||
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(9) Chicago learning outcomes;
(10) Sections 2-3.25a through 2-3.25j of this Code; | ||
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(11) collective bargaining agreements.
(Source: P.A. 98-972, eff. 8-15-14.)
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(105 ILCS 5/34-8.15)
Sec. 34-8.15.
Reports.
The board shall
file reports
describing statutory waivers encompassed in the Learning Zone designations it
grants under Section 34-8.10 with
the House of Representatives, the Senate, and the Secretary of State before
October 1, 1995 and thereafter before each May 1 and October 1. The provisions
in the report or as amended by the General Assembly shall take effect as
provided by law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-8.16)
Sec. 34-8.16.
Disapproval or amendment of reports.
The General Assembly
may disapprove the report of the board in whole, or amend it
within 30
calendar days after each house of the legislature next convenes after the
report
is filed, by adoption of a resolution by a record vote of the majority of the
members elected in each house directed to the board. The
resolution shall
be binding upon the board. Reports shall become effective
if the General
Assembly fails to disapprove or amend the report within the 30 day period.
For the initial report that the board is required to file
before October
1, 1995, the General Assembly may, by January 1, 1996, disapprove the report
of the board in whole or amend it, after the report is
filed, by the
adoption of a resolution by a record vote of the majority of the members. The
initial report shall become effective if the General Assembly fails to
disapprove or amend the report by January 1, 1996.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-8.17)
Sec. 34-8.17. Lump-sum allocation; key centralized functions. Final
designation as a Learning Zone under this Law shall entitle the participating
attendance centers to receive funds in lump-sum allocations, to budget and
spend those funds, and to operate in accordance with the designation and this
Law. Lump-sum allocations shall be based on the number of enrolled regular
and special needs students and shall include all operating funds for
compensation, supplies, equipment, repairs, energy, maintenance,
transportation,
and
professional services, and all special funds that follow special populations,
including desegregation, special education, bilingual, federal, and State
Chapter 1 funds. A sum equal to 3.2% of operating funds shall be deducted by
the board to provide key centralized functions,
unless a
designated Learning Zone obtains one or more of those functions elsewhere, in
which case the sum shall be appropriately adjusted. As used
in this Law, key centralized functions shall mean:
(1) Equity assurance staff to ensure that services | ||
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(2) Payroll services and background and credential | ||
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(3) Budget and treasury services to levy and collect | ||
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(4) Central computer systems providing information | ||
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(5) On-line data collection and analysis centers for | ||
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(6) Emergency pool funding; and
(7) Legal and labor departmental services for | ||
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(Source: P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/34-8.18)
Sec. 34-8.18.
The board shall revoke Learning Zone
designation and
the attendance center or centers involved shall return to their prior status
upon a finding of:
(1) A material violation of conditions, standards, or | ||
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(2) Failure to meet or make reasonable progress | ||
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(3) Failure to meet generally accepted standards of | ||
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(4) Conditions jeopardizing the health or safety of | ||
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Technical assistance designed to resolve items (1) through (4) may, in the
discretion of the board, be provided to attendance centers
prior to or in
lieu of revocation of Learning Zone designations.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-8.19)
Sec. 34-8.19.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-9) (from Ch. 122, par. 34-9)
Sec. 34-9.
Report
and estimates.
On or before December 1, 1972, on or before December 1, 1973, on or
before August 1, 1974 and on or before August 1 of each fiscal year
thereafter, the general superintendent of schools shall submit to the board
a report containing:
1. A separate balance sheet for each fund under the | ||
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2. Detailed estimates, by funds, of all taxes to be | ||
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3. Estimates, by funds, of the amounts necessary for | ||
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4. Such other information concerning the financial | ||
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(Source: P.A. 77-2734.)
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(105 ILCS 5/34-10) (from Ch. 122, par. 34-10)
Sec. 34-10.
Revised report-Amendments-Excessive appropriations.
Within the first 15 days of each fiscal year the general superintendent
of schools may submit to the board a revised report on all matters
specified in Section 34-9, upon the basis of information then available,
and may submit amendments to such report at any time prior to the passage
of the annual school budget. He shall also submit to the board, whenever
requested by it, any additional or supplemental information he may have
concerning matters upon which he is required to report. He shall, within 10
days after the first regular meeting of the board occurring not less than 7
days after the adoption of the school budget, report to the board the
extent to which and in what respects, if any, the appropriations contained
in such budget in his judgment exceed the appropriations which the board is
by law authorized to make.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-11) (from Ch. 122, par. 34-11)
Sec. 34-11.
Duties of general counsel; assistants.
The board by a majority vote of its full membership shall appoint a general
counsel who shall have charge and control, subject to the approval of the
board, of the law department and of all litigation, legal questions and
such other legal matters as may be referred to the department by the board
or by the general superintendent of schools. Appointments, promotions and
discharge of assistant attorneys shall be made by a majority of the board
upon recommendation of the attorney or by a majority vote of the full
membership of the board. The general counsel shall hold this
office for an
indefinite term subject to removal by a majority vote of the full
membership of the board. In this Article, "attorney"
means general
counsel.
(Source: P.A. 91-622, eff. 8-19-99.)
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(105 ILCS 5/34-12) (from Ch. 122, par. 34-12)
Sec. 34-12.
Participation in meetings by superintendent and attorney.
The general superintendent of schools and the general counsel may be present at
all meetings of the board and shall have a right to take part in its
discussions and deliberations, but shall have no vote.
(Source: P.A. 91-622, eff. 8-19-99.)
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(105 ILCS 5/34-13) (from Ch. 122, par. 34-13)
Sec. 34-13.
Appointment, removal or suspension of attorney and
assistants. The appointment and removal of the general superintendent of
schools, heads of general departments now in existence or hereafter
established, the general counsel, and all assistant attorneys
shall not be subject
to the civil service law. The heads of general departments now in existence
or hereafter established may be removed by a majority vote of the full
membership of the board upon the recommendation of the general
superintendent of schools or by a majority vote of the full membership
of the board.
(Source: P.A. 91-622, eff. 8-19-99.)
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(105 ILCS 5/34-13.1)
Sec. 34-13.1. Inspector General.
(a) The Inspector General and his office in existence on the effective date
of this amendatory Act of 1995 shall be transferred to the jurisdiction of the
board upon appointment of the Chicago School Reform Board of Trustees. The
Inspector General shall have the authority
to conduct investigations into allegations of or incidents of waste, fraud, and
financial mismanagement in public education within the jurisdiction of the
board by a local school council
member or an
employee, contractor, or member of the board or involving
school projects
managed or handled by the Public Building Commission. The Inspector General
shall make recommendations to the board about the
investigations.
The Inspector General in office on the effective date of this amendatory Act
of 1996 shall serve for a term expiring on June 30, 1998. His or her
successors in office shall each be appointed by the Mayor, without the consent
or approval of the City Council, for 4 year terms expiring on June 30th of an
even numbered year; however, beginning January 15, 2025, successors shall be appointed by the board instead of the Mayor.
If the Inspector General leaves office or if a vacancy in that office otherwise occurs, the
Mayor shall appoint, without the consent or
approval of the City Council, a successor to serve under this Section for the
remainder of the unexpired term; however, beginning January 15, 2027, successors shall be appointed by the board instead of the Mayor. The
Inspector General shall be independent of the operations of the board and
the School Finance Authority, and shall perform other duties requested by the
board.
(b) The Inspector General shall have access to all
information and personnel necessary to perform the duties of the
office. If the Inspector General determines that a possible
criminal act has been committed or that special expertise is
required in the investigation, he or she shall immediately notify
the Chicago Police Department and the Cook County State's
Attorney. All investigations conducted by the Inspector General
shall be conducted in a manner that ensures the preservation of
evidence for use in criminal prosecutions.
(c) At all times the Inspector General shall be granted
access to any building or facility that is owned, operated, or
leased by the board, the Public Building Commission, or the
city in trust
and for the use and benefit of the schools of the district.
(d) The Inspector General shall have the power to subpoena
witnesses and compel the production of books and papers pertinent
to an investigation authorized by this Code. Any person who (1)
fails to appear in response to a subpoena; (2) fails to answer
any question; (3) fails to produce any books or papers pertinent
to an investigation under this Code; or (4) knowingly gives
false testimony during an investigation under this Code, is
guilty of a Class A misdemeanor.
(e) The Inspector General shall provide to the board and
the Illinois General Assembly a summary of reports and
investigations made under this Section for the previous fiscal
year no later than January 1 of each year, except that the Inspector General
shall provide the summary of reports and investigations made under this Section
for the period commencing July 1, 1998 and ending April 30, 1999 no later than
May 1, 1999. The summaries shall detail the final disposition of those
recommendations. The summaries shall not contain any confidential or
identifying information concerning the subjects of the reports and
investigations. The summaries shall also include detailed recommended
administrative actions and matters for consideration by the General Assembly.
(f) (Blank).
(g) (Blank).
(Source: P.A. 102-177, eff. 6-1-22.)
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(105 ILCS 5/34-14) (from Ch. 122, par. 34-14)
Sec. 34-14.
Section 34-15 Not limited by Sections 34-6 To 34-13.
Nothing contained in Sections 34-6, 34-7, 34-8, 34-9, 34-10, 34-11, 34-12, or
34-13 of this Act shall in any wise be construed to limit
the scope, effect and applicability of Section 34-15 of this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-15) (from Ch. 122, par. 34-15)
Sec. 34-15.
Other officers and employees.
The board may appoint, or provide
for the appointment
of, such other officers and employees as it deems necessary.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-15a) (from Ch. 122, par. 34-15a)
Sec. 34-15a.
Active military service.
Any certificated or
non-certificated employee of the Board of Education who is a member of any
reserve component of the United States Armed Services, including the Illinois
National Guard, and who is mobilized to active military duty on or after August
1, 1990,
shall
for each pay period beginning on or after August 1, 1990 continue to receive
the same regular compensation that he receives or was receiving as an employee
of the Board of Education at the time he is or was so mobilized to active
military duty, plus any health insurance and other benefits he is or was
receiving or accruing at that time, minus the amount of his base pay for
military service, for the duration of his active military service.
Such active military duty shall not result in the loss or diminishment of
any employment benefit, service credit, or status accrued at the time the
duty commenced if the duty commenced on or after September 1, 2001.
In the event any provision of a collective bargaining agreement or any
board of education or district policy covering any employee so ordered to
active duty is more generous than the provisions contained in this Section, the
collective bargaining agreement or board of education or district policy shall
be controlling.
(Source: P.A. 92-660, eff. 7-16-02.)
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(105 ILCS 5/34-16) (from Ch. 122, par. 34-16)
Sec. 34-16.
Powers of board respecting officers and employees.
The board shall, subject to the limitations in this Article, prescribe
the duties, compensation and terms of office of its officers and the
duties, compensation and terms of employment of its employees and determine
which of its officers and employees shall give bond, on what conditions,
and in what amount.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-17) (from Ch. 122, par. 34-17)
Sec. 34-17.
Powers not exercised by city council.
No power vested in the board or in any of its officers, agents or
employees shall be exercised by the city council.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise general
supervision and jurisdiction over the public education and the public
school system of the city, and, except as otherwise provided by this
Article, shall have power:
1. To make suitable provision for the establishment | ||
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2. To furnish lunches to pupils, to make a reasonable | ||
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3. To co-operate with the circuit court;
4. To make arrangements with the public or | ||
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5. To employ dentists and prescribe their duties for | ||
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6. To grant the use of assembly halls and classrooms | ||
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7. To apportion the pupils to the several schools; | ||
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8. To approve programs and policies for providing | ||
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9. Subject to the limitations in this Article, to | ||
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10. To employ non-teaching personnel or utilize | ||
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10.5. To utilize volunteer personnel from a regional | ||
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11. To provide television studio facilities in not to | ||
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12. To offer, if deemed appropriate, outdoor | ||
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13. During that period of the calendar year not | ||
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14. To insure against any loss or liability of the | ||
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15. To contract with the corporate authorities of any | ||
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16. (a) To provide, on an equal basis, access to a | ||
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(b) If a student or his or her parent or guardian | ||
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(c) A high school may require official recruiting | ||
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(d) Information received by an official recruiting | ||
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17. (a) To sell or market any computer program | ||
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(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed, | ||
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(2) "Computer program" means a series of coded | ||
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(3) "Proceeds" means profits derived from the | ||
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18. To delegate to the general superintendent of | ||
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19. Upon the written request of an employee, to | ||
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19a. Upon receipt of notice from the comptroller of a | ||
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20. The board is encouraged to employ a sufficient | ||
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21. To make available to students vocational and | ||
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(a) American Indian or Alaska Native (a person having | ||
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(b) Asian (a person having origins in any of the | ||
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(c) Black or African American (a person having | ||
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(d) Hispanic or Latino (a person of Cuban, Mexican, | ||
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(e) Native Hawaiian or Other Pacific Islander (a | ||
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Counseling days shall not be in lieu of regular | ||
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22. To report to the State Board of Education the | ||
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23. Except as otherwise provided in the Abused and | ||
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24. To develop a policy, based on the current state | ||
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25. To make available to the students in every high | ||
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26. To encourage mid-career changes into the teaching | ||
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27. To provide or contract out training programs for | ||
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28. To establish a fund for the prioritized special | ||
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29. (Blank);
30. Notwithstanding any other provision of this Act | ||
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31. To promulgate rules establishing procedures | ||
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32. To develop a policy to prevent nepotism in the | ||
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33. (Blank); and
34. To establish a Labor Management Council to the | ||
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The specifications of the powers herein granted are not to be
construed as exclusive, but the board shall also exercise all other
powers that may be requisite or proper for the maintenance and the
development of a public school system, not inconsistent with the other
provisions of this Article or provisions of this Code which apply to all
school districts.
In addition to the powers herein granted and authorized to be exercised
by the board, it shall be the duty of the board to review or to direct
independent reviews of special education expenditures and services.
The board shall file a report of such review with the General Assembly on
or before May 1, 1990.
(Source: P.A. 102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff. 5-20-22; 103-8, eff. 1-1-24.)
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(105 ILCS 5/34-18.1) (from Ch. 122, par. 34-18.1)
Sec. 34-18.1.
Protection from suit.
The board shall insure
or indemnify and protect the board, Chicago Schools Academic Accountability
Council, former School Board Nominating Commission, Local School
Councils, or former Subdistrict Councils, any member of the board,
Chicago Schools Accountability Council, former School Board Nominating
Commission, Local School Council, or former Subdistrict
Council, or any agent, employee, teacher, student teacher, officer, or
member of the supervisory staff of the school district against financial
loss and expense, including reasonable legal fees and costs arising out of
any claim, demand, suit, or judgment by reason of alleged negligence,
alleged violation of civil rights occurring on or after September 5, 1967,
or alleged wrongful act resulting in death or bodily injury to any person
or accidental damage to or destruction of property, within or without the
school premises, provided such board member, agent, employee, teacher,
student teacher, officer or member of the supervisory staff, at the time of
the occurrence was acting under the direction of the board within the
course or scope of his duties.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-18.2) (from Ch. 122, par. 34-18.2)
Sec. 34-18.2.
Bilingual programs.
The Board of Education may provide programs in a language other than
English for those children whose first language is other than English.
Such programs are subject to the approval of the State Board of Education
pursuant to Article 14C of The School Code. Upon
approval of the program the Board shall be entitled to payment from the
State of Illinois for the services and materials required.
(Source: P.A. 81-1508.)
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(105 ILCS 5/34-18.3) (from Ch. 122, par. 34-18.3)
Sec. 34-18.3.
The Board of Education is authorized to establish and
implement peer assistance, tutorial programs whereby qualified, able
students assist less able students with their studies and course work. As
a part of such program the Board shall award appropriate recognition to
students furnishing such tutorial services. In addition, the Board is
authorized to cooperate with institutions of higher education and may
accept tutorial services provided by qualified students of such
institutions under the Educational Partnership Act, as now or hereafter amended.
(Source: P.A. 84-712.)
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(105 ILCS 5/34-18.4) (from Ch. 122, par. 34-18.4)
Sec. 34-18.4.
Before and after school programs.
The Board of Education
may develop and maintain
before school and after school programs for students in kindergarten through
the 6th grade. Such programs may include time for homework, physical
exercise, afternoon nutritional snacks and educational offerings which are
in addition to those offered during the regular school day. The chief administrator
in each district shall be a certified teacher or a person who meets the
requirements for supervising a day care center under the Child Care Act
of 1969. Individual programs shall be coordinated by certified teachers
or by persons who meet the requirements for supervising a day care center
under the Child Care Act of 1969. Additional employees who are not so qualified
may also be employed for such programs.
The schedule of these programs may follow the work calendar of the local
community rather than the regular school calendar. Parents or guardians
of the participating
students shall be responsible for providing transportation for the students
to and from the programs. The school board may charge parents of participating
students a fee, not to exceed the actual cost of such before and after school
programs.
(Source: P.A. 83-639.)
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(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database. (a) Licensed and nonlicensed applicants for
employment with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history records check to determine if such applicants
have been convicted of any disqualifying, enumerated criminal or drug offense in
subsection (c) of this Section or have been
convicted, within 7 years of the application for employment with the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State. Authorization
for
the
check shall
be furnished by the applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more than one
school district, or a teacher seeking concurrent part-time employment
positions with more than one school district (as a reading specialist,
special education teacher or otherwise), or an educational support
personnel employee seeking employment positions with more than one
district, any such district may require the applicant to furnish
authorization for
the check to the regional superintendent of the
educational service region in which are located the school districts in
which the applicant is seeking employment as a substitute or concurrent
part-time teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the school district or the appropriate
regional superintendent, as the case may be, shall submit the applicant's
name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police. The regional
superintendent submitting the requisite information to the Illinois
State Police shall promptly notify the school districts in which the
applicant is seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee that
the
check of the applicant has been requested. The Illinois State
Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereinafter, until expunged, to the president of the school board for the school district that requested the check, or to the regional superintendent who requested the check. The Illinois State Police
shall charge
the school district
or the appropriate regional superintendent a fee for
conducting
such check, which fee shall be deposited in the State
Police Services Fund and shall not exceed the cost of the inquiry; and the
applicant shall not be charged a fee for
such check by the school
district or by the regional superintendent. Subject to appropriations for these purposes, the State Superintendent of Education shall reimburse the school district and regional superintendent for fees paid to obtain criminal history records checks under this Section. (a-5) The school district or regional superintendent shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, for each applicant. The check of the Statewide Sex Offender Database must be conducted by the school district or regional superintendent once for every 5 years that an applicant remains employed by the school district. (a-6) The school district or regional superintendent shall further perform a check of the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Community Notification Law, for each applicant. The check of the Murderer and Violent Offender Against Youth Database must be conducted by the school district or regional superintendent once for every 5 years that an applicant remains employed by the school district. (b) Any
information concerning the record of convictions obtained by the president
of the board of education or the regional superintendent shall be
confidential and may only be transmitted to the general superintendent of
the school district or his designee, the appropriate regional
superintendent if
the check was requested by the board of education
for the school district, the presidents of the appropriate board of
education or school boards if
the check was requested from the Illinois
State Police by the regional superintendent, the State Board of Education and the school district as authorized under subsection (b-5), the State
Superintendent of Education, the State Educator Preparation and Licensure Board or any
other person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from the Illinois
State Police shall be provided to the applicant for
employment. Upon the check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the school district or regional superintendent shall notify an applicant as to whether or not the applicant has been identified in the Database. If a check of an applicant for employment as a
substitute or concurrent part-time teacher or concurrent educational
support personnel employee in more than one school district was requested
by the regional superintendent, and the Illinois State Police upon
a check ascertains that the applicant has not been convicted of any
of the enumerated criminal or drug offenses in subsection (c) of this Section
or has not been
convicted,
within 7 years of the application for employment with the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State and so
notifies the regional superintendent and if the regional superintendent upon a check ascertains that the applicant has not been identified in the Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, then the regional superintendent
shall issue to the applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not been
convicted of any of the enumerated criminal or drug offenses in subsection
(c) of this Section
or has not been
convicted, within 7 years of the application for employment with the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State and evidencing that as of the date that the regional superintendent conducted a check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the applicant has not been identified in the Database. The school
board of any school district may rely on the certificate issued by any regional
superintendent to that substitute teacher, concurrent part-time teacher, or concurrent educational support personnel employee
or may initiate its own criminal history records check of
the applicant through the Illinois State Police and its own check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act. (b-5) If a criminal history records check or check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database is performed by a regional superintendent for an applicant seeking employment as a substitute teacher with the school district, the regional superintendent may disclose to the State Board of Education whether the applicant has been issued a certificate under subsection (b) based on those checks. If the State Board receives information on an applicant under this subsection, then it must indicate in the Educator Licensure Information System for a 90-day period that the applicant has been issued or has not been issued a certificate. (c) The board of education shall not knowingly employ a person who has
been convicted of any offense that would subject him or her to license suspension or revocation pursuant to Section 21B-80 of this Code, except as provided under subsection (b) of 21B-80.
Further, the board of education shall not knowingly employ a person who has
been found to be the perpetrator of sexual or physical abuse of any minor under
18 years of age pursuant to proceedings under Article II of the Juvenile Court
Act of 1987. As a condition of employment, the board of education must consider the status of a person who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. (d) The board of education shall not knowingly employ a person for whom
a criminal history records check and a Statewide Sex Offender Database check have not been initiated. (e) Within 10 days after the general superintendent of schools, a regional office of education, or an entity that provides background checks of license holders to public schools receives information of a pending criminal charge against a license holder for an offense set forth in Section 21B-80 of this Code, the superintendent, regional office of education, or entity must notify the State Superintendent of Education of the pending criminal charge. No later than 15 business days after receipt of a record of conviction or of checking the Statewide Murderer and Violent Offender Against Youth Database or the Statewide Sex Offender Database and finding a registration, the general superintendent of schools or the applicable regional superintendent shall, in writing, notify the State Superintendent of Education of any license holder who has been convicted of a crime set forth in Section 21B-80 of this Code. Upon receipt of the record of a conviction of or a finding of child
abuse by a holder of any license
issued pursuant to Article 21B or Section 34-8.1 of this Code, the State Superintendent of
Education may initiate licensure suspension and revocation
proceedings as authorized by law. If the receipt of the record of conviction or finding of child abuse is received within 6 months after the initial grant of or renewal of a license, the State Superintendent of Education may rescind the license holder's license. (e-5) The general superintendent of schools shall, in writing, notify the State Superintendent of Education of any license holder whom he or she has reasonable cause to believe has committed (i) an intentional act of abuse or neglect with the result of making a child an abused child or a neglected child, as defined in Section 3 of the Abused and Neglected Child Reporting Act or (ii) an act of sexual misconduct, as defined in Section 22-85.5 of this Code, and that act resulted in the license holder's dismissal or resignation from the school district and must include the Illinois Educator Identification Number (IEIN) of the license holder and a brief description of the misconduct alleged. This notification must be submitted within 30 days after the dismissal or resignation. The license holder must also be contemporaneously sent a copy of the notice by the superintendent. All correspondence, documentation, and other information so received by the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board under this subsection (e-5) is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to Article 21B of this Code, (ii) pursuant to a court order, (iii) for disclosure to the license holder or his or her representative, or (iv) as otherwise provided in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement. Except for an act of willful or wanton misconduct, any superintendent who provides notification as required in this subsection (e-5) shall have immunity from any liability, whether civil or criminal or that otherwise might result by reason of such action. (f) After March 19, 1990, the provisions of this Section shall apply to
all employees of persons or firms holding contracts with any school district
including, but not limited to, food service workers, school bus drivers and
other transportation employees, who have direct, daily contact with the
pupils of any school in such district. For purposes of criminal history records checks and checks of the Statewide Sex Offender Database on employees of persons or firms holding contracts with more
than one school district and assigned to more than one school district, the
regional superintendent of the educational service region in which the
contracting school districts are located may, at the request of any such
school district, be responsible for receiving the authorization for
a criminal history records check prepared by each such employee and submitting the same to the Illinois
State Police and for conducting a check of the Statewide Sex Offender Database for each employee. Any information concerning the record of
conviction and identification as a sex offender of any such employee obtained by the regional superintendent
shall be promptly reported to the president of the appropriate school board
or school boards. (f-5) Upon request of a school or school district, any information obtained by the school district pursuant to subsection (f) of this Section within the last year must be made available to the requesting school or school district. (g) Prior to the commencement of any student teaching experience or required internship (which is referred to as student teaching in this Section) in the public schools, a student teacher is required to authorize a fingerprint-based criminal history records check. Authorization for and payment of the costs of the check must be furnished by the student teacher to the school district. Upon receipt of this authorization and payment, the school district shall submit the student teacher's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police. The Illinois State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereinafter, until expunged, to the president of the board. The Illinois State Police shall charge the school district a fee for conducting the check, which fee must not exceed the cost of the inquiry and must be deposited into the State Police Services Fund. The school district shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, and of the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Registration Act, for each student teacher. The board may not knowingly allow a person to student teach for whom a criminal history records check, a Statewide Sex Offender Database check, and a Statewide Murderer and Violent Offender Against Youth Database check have not been completed and reviewed by the district. A copy of the record of convictions obtained from the Illinois State Police must be provided to the student teacher. Any information concerning the record of convictions obtained by the president of the board is confidential and may only be transmitted to the general superintendent of schools or his or her designee, the State Superintendent of Education, the State Educator Preparation and Licensure Board, or, for clarification purposes, the Illinois State Police or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act. The board may not knowingly allow a person to student teach who has been convicted of any offense that would subject him or her to license suspension or revocation pursuant to subsection (c) of Section 21B-80 of this Code, except as provided under subsection (b) of Section 21B-80. Further, the board may not allow a person to student teach if he or she has been found to be the perpetrator of sexual or physical abuse of a minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. The board must consider the status of a person to student teach who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. (h) (Blank).(Source: P.A. 102-538, eff. 8-20-21; 102-552, eff. 1-1-22; 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-18.6) (from Ch. 122, par. 34-18.6)
Sec. 34-18.6. Child abuse and neglect; detection,
reporting, and prevention; willful or negligent failure to report. (a) The Board of Education may provide staff
development for local school site personnel who work with pupils in grades
kindergarten through 8 in the detection, reporting, and prevention of child
abuse and neglect.
(b) The Department of Children and Family Services may, in cooperation with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number established in Section 7.6 of the Abused and Neglected Child Reporting Act, including methods of making a report under Section 7 of the Abused and Neglected Child Reporting Act, to be displayed in a clearly visible location in each school building. (c) Except for an employee licensed under Article 21B of this Code, if the 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 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. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 101-531, eff. 8-23-19.)
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(105 ILCS 5/34-18.6a) (from Ch. 122, par. 34-18.6a)
Sec. 34-18.6a.
Orders of protection.
The board of education
may prohibit the disclosure by any school employee to any person
against whom the school district has received a certified copy
of an order of protection the location or address of the petitioner
for the order of protection or the identity of the schools in the
district in which the petitioner's child or children are enrolled.
The school district shall maintain the copy of the order of
protection in the records of the child or children enrolled in
the district whose parent is the petitioner of an order of protection.
(Source: P.A. 87-437.)
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(105 ILCS 5/34-18.7) (from Ch. 122, par. 34-18.7) (Section scheduled to be repealed on July 1, 2024) Sec. 34-18.7. Youth mental illness and suicide detection and intervention. At least once every 2 years, licensed school personnel and administrators who work with pupils in kindergarten through grade 12 shall be trained to identify the warning signs of mental illness and suicidal behavior in youth and shall be taught various intervention techniques. The school district may utilize the Illinois Mental Health First Aid training program, established under the Illinois Mental Health First Aid Training Act and administered by certified instructors trained by a national association recognized as an authority in behavioral health, to provide the training and meet the requirements under this Section. If licensed school personnel or an administrator obtains mental health first aid training outside of an in-service training program, he or she may present a certificate of successful completion of the training to the school district to satisfy the requirements of this Section. The training shall be provided within the framework of existing in-service training programs offered by the Board or as part of the professional development activities required under Section 21-14 of this Code.(Source: P.A. 100-903, eff. 1-1-19; 101-350, eff. 1-1-20. Repealed by 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 5/34-18.8) (from Ch. 122, par. 34-18.8) (Section scheduled to be repealed on July 1, 2024) Sec. 34-18.8. HIV training. School counselors, nurses, teachers, school social workers, and other school personnel who work with students shall be trained to have a basic knowledge of matters relating to human immunodeficiency virus (HIV), including the nature of the infection, its causes and effects, the means of detecting it and preventing its transmission, the availability of appropriate sources of counseling and referral, and any other medically accurate information that is age and developmentally appropriate for such students. The Board of Education shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.(Source: P.A. 102-197, eff. 7-30-21; 102-522, eff. 8-20-21; 102-813, eff. 5-13-22. Repealed by 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 5/34-18.9) (from Ch. 122, par. 34-18.9)
Sec. 34-18.9.
Electronic paging devices on school property.
(a) The
General Assembly finds and declares that the educational development of all
persons to the limits of their capacities is a fundamental goal of the
people of this State, that to achieve such goal it is essential to provide
a safe and secure learning environment within the public schools, and that
the unrestricted and unregulated use by students of pocket pagers and
similar electronic paging devices on school grounds or in school buildings
which are owned, occupied or leased by the board of education for school
purposes and activities adversely affects the educational environment,
welfare and safety of students enrolled in the public schools, in that
pocket pagers and similar electronic paging devices are being regularly
used for the conduct of unlawful activities during school hours and on
school property, including activities directly related to the unlawful
possession, sale, delivery or other trafficking in drugs or other
substances which constitute a "controlled substance" as that term is
defined in the Illinois Controlled Substances Act.
It is the purpose and intention of the General Assembly, in enacting this
legislation, to reduce or eliminate the occurrence of such unlawful
activities during school hours and on school property by restricting and
regulating student use or possession of pocket pagers and similar
electronic paging devices as provided in this Section, and by providing for
the imposition of appropriate discipline and sanctions for any violation
of the provisions of this Section.
(b) No student shall use or have in his or her possession any pocket
pager or similar electronic paging device while in any school building or
on any school property, during regular school hours or at any other time,
unless the use or possession of such device by such student has first been
expressly authorized by the principal acting in accordance with
standards developed as provided in subsection (c) for the granting of
approved exceptions to the general prohibition of this Section against such
use or possession.
(c) The board of education shall develop and promulgate
written standards, which shall be furnished by the board of education to
each principal, under which a principal:
(1) may authorize the use or possession of a pocket | ||
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(2) may impose appropriate discipline or other | ||
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(Source: P.A. 86-791.)
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(105 ILCS 5/34-18.10) (from Ch. 122, par. 34-18.10)
Sec. 34-18.10. Minority recruitment policy. The board of education
shall develop and implement a policy of recruitment and hiring of
minority teachers, other licensed employees, and nonlicensed
employees, including custodians, lunch room staff, and teacher aides.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/34-18.10a) (from Ch. 122, par. 34-18.10a)
Sec. 34-18.10a.
Transfer of employees.
The employment of an employee
of the Illinois Chapter I 89-313 special education
program transferred from
the DuPage County Superintendent of Education to the Chicago Board of
Education shall be considered continuous employment.
(Source: P.A. 87-1107.)
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(105 ILCS 5/34-18.11) (from Ch. 122, par. 34-18.11)
Sec. 34-18.11. Tobacco prohibition. The Board of Education shall prohibit
the use of tobacco on school property when such property is being used for
any school purposes. Neither the board nor the local school
council may
authorize or permit any
exception to or exemption from the prohibition at any place or at any time,
including without limitation outside of school buildings or before or after the
regular school day or on days when school is not in session. "School purposes" include but are not limited to
all events or activities or other use of school property that the school
board or school officials authorize or permit on school property, including
without limitation all
interscholastic or extracurricular athletic, academic or other events
sponsored by the school board or in which pupils of the district
participate. For purposes of this Section "tobacco" shall mean a cigarette, a
cigar, or tobacco in any other form, including smokeless tobacco which is
any loose, cut, shredded, ground, powdered, compressed or leaf tobacco that
is intended to be placed in the mouth without being smoked.
(Source: P.A. 102-558, eff. 8-20-21.)
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(105 ILCS 5/34-18.12) (from Ch. 122, par. 34-18.12)
Sec. 34-18.12.
Inspection for drugs.
The Board of Education is
empowered to authorize school officials to request the assistance of law
enforcement officials for the purpose of conducting reasonable searches of
school grounds and lockers for illegal drugs, including searches conducted
through the use of specially trained dogs.
(Source: P.A. 86-850; 86-1028.)
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(105 ILCS 5/34-18.13) (from Ch. 122, par. 34-18.13)
Sec. 34-18.13.
Infectious disease policies and rules.
The Board of
Education shall develop policies and adopt rules relating to the
appropriate manner of managing children with chronic infectious diseases,
not inconsistent with guidelines published by the State Board of Education
and the Illinois Department of Public Health. Such policies and rules must
include evaluation of students with a chronic infectious disease on an
individual case-by-case basis, and may include different provisions for
different age groups, classes of instruction, types of educational
institution, and other reasonable classifications, as the Board may find
appropriate.
(Source: P.A. 86-890; 86-1028.)
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(105 ILCS 5/34-18.14) (from Ch. 122, par. 34-18.14)
Sec. 34-18.14.
Cellular radio telecommunication devices.
(a) The General Assembly finds and declares that the educational
development of all persons to the limits of their capacities is a fundamental
goal of the people of this State and that to achieve such goal it is essential
to provide a safe and secure learning environment within the public schools.
While recognizing that cellular radio telecommunication devices may be used for
inappropriate activities during school hours and on school property and may, on
occasion, cause disruption to the classroom environment, the General Assembly
also recognizes that the use of cellular radio telecommunication devices can
decrease the response time of officials to emergency situations. In addition,
cellular radio telecommunication devices allow parents an additional and timely
method of contacting their children should an emergency situation arise.
Therefore, it is the purpose and intention of the General Assembly in enacting
this legislation to (i) reduce the occurrence of inappropriate and disruptive
activities during school hours and on school property occurring through the use
of cellular radio telecommunication devices and (ii) increase the safety of
students and school personnel during school hours and on school property.
(b) The board may establish appropriate rules and disciplinary
procedures governing the use or possession of cellular radio telecommunication
devices by a student while in a school or on school property, during regular
school hours, or at any other time.
(Source: P.A. 92-793, eff. 8-9-02.)
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(105 ILCS 5/34-18.15) (from Ch. 122, par. 34-18.15)
Sec. 34-18.15. Recycled paper and paper products and solid waste management.
(a) Definitions. As used in this Section, the following terms shall have
the meanings indicated, unless the context otherwise requires:
"Deinked stock" means paper that has been processed to remove inks,
clays, coatings, binders and other contaminants.
"High grade printing and writing papers" includes offset printing paper,
duplicator paper, writing paper (stationery), tablet paper, office paper,
note pads, xerographic paper, envelopes, form bond including computer
paper and carbonless forms, book papers, bond papers, ledger paper, book
stock and cotton fiber papers.
"Paper and paper products" means high grade printing and writing papers,
tissue products, newsprint, unbleached packaging and recycled paperboard.
"Postconsumer material" means only those products generated by a business
or consumer which have served their intended end uses, and which have been
separated or diverted from solid waste; wastes generated during the
production of an end product are excluded.
"Recovered paper material" means paper waste generated after the
completion of the papermaking process, such as postconsumer materials,
envelope cuttings, bindery trimmings, printing waste, cutting and
other converting waste, butt rolls, and mill wrappers, obsolete inventories,
and rejected unused stock. "Recovered paper material", however, does not
include fibrous waste generated during the manufacturing process as fibers
recovered from waste water or trimmings of paper machine rolls (mill
broke), or fibrous byproducts of harvesting, extraction or woodcutting
processes, or forest residues such as bark.
"Recycled paperboard" includes paperboard products, folding cartons
and pad backings.
"Tissue products" includes toilet tissue, paper towels, paper napkins,
facial tissue, paper doilies, industrial wipers, paper bags and brown
papers. These products shall also be unscented and shall not be colored.
"Unbleached packaging" includes corrugated and fiber storage boxes.
(a-5) The school district shall periodically review its procurement procedures and specifications related to the purchase of products and supplies. Those procedures and specifications must be modified as necessary to require the school district to seek out products and supplies that contain recycled materials and to ensure that purchased products and supplies are reusable, durable, or made from recycled materials, if economically and practically feasible. In selecting products and supplies that contain recycled material, preference must be given to products and supplies that contain the highest amount of recycled material and that are consistent with the effective use of the product or supply, if economically and practically feasible. (b) Wherever economically and practically feasible, as determined by the
board of education, the board of education, all public schools and
attendance centers within the school district, and their school supply
stores shall procure recycled paper and paper products as follows:
(1) Beginning July 1, 2008, at least 10% of the total | ||
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(2) Beginning July 1, 2011, at least 25% of the total | ||
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(3) Beginning July 1, 2014, at least 50% of the total | ||
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(4) Beginning July 1, 2020, at least 75% of the total | ||
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(5) Beginning upon the effective date of this | ||
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(c) Paper and paper products purchased from private sector vendors
pursuant to printing contracts are not considered paper and paper products
for the purposes of subsection (b), unless purchased under contract for
the printing of student newspapers.
(d)(1) Wherever economically and practically feasible, the recycled
paper and paper products referred to in subsection (b) shall contain
postconsumer or recovered paper materials as specified by paper category in
this subsection:
(i) Recycled high grade printing and writing paper | ||
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(ii) Recycled tissue products, until July 1, 1994, | ||
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(iii) Recycled newsprint, until July 1, 1994, shall | ||
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(iv) Recycled unbleached packaging, until July 1, | ||
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(v) Recycled paperboard, until July 1, 1994, shall | ||
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(2) For the purposes of this Section, "postconsumer | ||
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(i) paper, paperboard, and fibrous waste from | ||
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(ii) all paper, paperboard, and fibrous wastes | ||
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(3) For the purpose of this Section, "recovered paper | ||
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(i) postconsumer material;
(ii) dry paper and paperboard waste generated | ||
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(iii) finished paper and paperboard from obsolete | ||
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(e) Nothing in this Section shall be deemed to apply to art materials,
nor to any newspapers, magazines, text books, library books or other
copyrighted publications which are purchased or used by the board of
education or any public school or attendance center within the school
district, or which are sold in any school supply store operated by or
within any such school or attendance center, other than newspapers
written, edited or produced by students enrolled in the school district,
public school or attendance center.
(e-5) The school district shall periodically review its procedures on solid waste reduction regarding the management of solid waste generated by academic, administrative, and other institutional functions. Those waste reduction procedures must be designed to, when economically and practically feasible, recycle the school district's waste stream, including without limitation landscape waste, computer paper, and white office paper. The school district is encouraged to have procedures that provide for the investigation of potential markets for other recyclable materials that are present in the school district's waste stream. The waste reduction procedures must be designed to achieve, before July 1, 2020, at least a 50% reduction in the amount of solid waste that is generated by the school district. (f) The State Board of Education, in coordination with the Department of
Central Management Services, may adopt such
rules and regulations as it deems necessary
to assist districts in carrying out the provisions of this Section.
(Source: P.A. 102-444, eff. 8-20-21.)
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(105 ILCS 5/34-18.16) (from Ch. 122, par. 34-18.16)
Sec. 34-18.16.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-18.17)
Sec. 34-18.17.
No pass-no play policy.
Beginning with the 1998-99 school
year, the board of education
shall establish, implement,
and enforce a uniform and consistent policy under which a student in any of
grades 9 through 12 who fails to maintain a specified minimum grade point
average or a
specified minimum grade in each course in which the student is enrolled or both
is suspended from further participation in any school-sponsored or
school-supported athletic or extracurricular activities for a specified period
or until a specified minimum grade point average or minimum grade or both are
earned by the student. The board of education shall adopt a policy as required
by
this Section not later than one year after the effective date of this
amendatory Act of 1997 and shall concurrently file a copy of that policy with
the State Board of Education. After the policy has been in effect for one
year, the board of education shall file a report with
the
State Board of Education setting forth the number and length of suspensions
imposed under the policy during the period covered by the report.
If the board of education already has a policy that is consistent with the
requirements of this Section in effect on the effective date of this amendatory
Act of 1997,
it shall file a copy of that policy with the State Board of Education within 90
days after the effective date of this amendatory Act and shall file the annual
report required under this Section 12 months thereafter.
(Source: P.A. 90-548, eff. 1-1-98.)
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(105 ILCS 5/34-18.18)
Sec. 34-18.18.
Occupational standards.
The Board shall not require
a student to meet occupational standards for grade level promotion or
graduation unless that student is voluntarily enrolled in a job training
program.
(Source: P.A. 91-175, eff. 1-1-00; 92-16, eff. 6-28-01.)
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(105 ILCS 5/34-18.19)
Sec. 34-18.19. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 94-600, eff. 8-16-05.)
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(105 ILCS 5/34-18.20)
Sec. 34-18.20. Time out, isolated time out, restraint, and necessities; limitations and prohibitions. (a) The General Assembly finds and declares that the use of isolated time
out, time out, and physical restraint on children and youth carries risks to the health and safety of students and staff; therefore, the ultimate
goal is to reduce and eventually eliminate the use of those interventions. The General Assembly also finds and declares that the State Board of Education
must take affirmative action to lead and support schools in
transforming the school culture to reduce and eliminate the use of all
such interventions over time. (b) In this Section: "Chemical restraint" means the use of medication to control a student's behavior or to restrict a student's freedom of movement. "Chemical restraint" does not include medication that is legally prescribed and administered as part of a student's regular medical regimen to manage behavioral symptoms and treat medical symptoms. "Isolated time out" means the involuntary confinement of a student alone in a time out room or other enclosure outside of the classroom without a supervising adult in the time out room or enclosure. "Isolated time out" or "time out" does not include a student-initiated or student-requested break, a student-initiated sensory break or a teacher-initiated sensory break that may include a sensory room containing sensory tools to assist a student to calm and de-escalate, an in-school suspension or detention, or any other appropriate disciplinary measure, including the student's brief removal to the hallway or similar environment. "Mechanical restraint" means the use of any device or equipment to limit a student's movement or to hold a student immobile. "Mechanical restraint" does not include any restraint used to (i) treat a student's medical needs; (ii) protect a student who is known to be at risk of injury resulting from a lack of coordination or frequent loss of consciousness; (iii) position a student with physical disabilities in a manner specified in the student's individualized education program, federal Section 504 plan, or other plan of care; (iv) provide a supplementary aid, service, or accommodation, including, but not limited to, assistive technology that provides proprioceptive input or aids in self-regulation; or (v) promote student safety in vehicles used to transport students. "Physical restraint" or "restraint" means holding a student or otherwise restricting a student's movements. "Physical restraint" or "restraint" does not include momentary periods of physical restriction by direct person to person contact, without the aid of material or mechanical devices, that are accomplished with limited force and that are designed to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property. "Prone physical restraint" means a physical restraint in which a student is held face down on the floor or other surface and physical pressure is applied to the student's body to keep the student in the prone position. "Time out" means a behavior management technique for the purpose of calming or de-escalation that involves the involuntary monitored separation of a student from classmates with a trained adult for part of the school day, only for a brief time, in a nonlocked setting. (c) Isolated time out, time out, and physical restraint, other than prone physical restraint, may be used only if (i) the student's behavior presents an imminent danger of serious physical harm to the student or to others; (ii) other less restrictive and intrusive measures have been tried and have proven to be ineffective in stopping the imminent danger of serious physical harm; (iii) there is no known medical contraindication to its use on the student; and (iv) the school staff member or members applying the use of time out, isolated time out, or physical restraint on a student have been trained in its safe application, as established by rule by the State Board of Education. Isolated time out is allowed only under limited circumstances as set forth in this Section. If all other requirements under this Section are met, isolated time out may be used only if the adult in the time out room or enclosure is in imminent danger of serious physical harm because the student is unable to cease actively engaging in extreme physical aggression. Mechanical restraint and chemical restraint are prohibited. Prone restraint is prohibited except when all of the following conditions are satisfied: (1) The student's Behavior Intervention Plan | ||
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(2) The Behavior Intervention Plan was put into place | ||
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(3) The student's Behavior Intervention Plan has been | ||
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(4) The school staff member or staff members applying | ||
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(5) The school must be able to document and | ||
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(6) The use of prone restraint occurs within the | ||
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All instances of the utilization of prone restraint must be reported in accordance with the provisions of this amendatory Act of the 102nd General Assembly. Nothing in this Section shall prohibit the State Board of Education from adopting administrative rules that further restrict or disqualify the use of prone restraint. (d) The use
of any of the following rooms or enclosures for an isolated time out or time out purposes is
prohibited:
(1) a locked room or a room in which the door is | ||
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(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually | ||
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(4) any other room or enclosure or time out procedure | ||
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(e) The deprivation of necessities needed to sustain the health of a person, including, without limitation, the denial or unreasonable delay in the provision of the following, is prohibited: (1) food or liquid at a time when it is customarily | ||
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(2) medication; or (3) the use of a restroom. (f) (Blank). (g) Following each incident of isolated time out, time out, or physical restraint, but no later than 2 school days after the incident, the principal or another designated administrator shall notify the student's parent or guardian that he or she may request a meeting with appropriate school personnel to discuss the incident. This meeting shall be held separate and apart from meetings held in accordance with the student's individualized education program or from meetings held in accordance with the student's plan for services under Section 504 of the federal Rehabilitation Act of 1973. If a parent or guardian requests a meeting, the meeting shall be convened within 2 school days after the request, provided that the 2-school day limitation shall be extended if requested by the parent or guardian. The parent or guardian may also request that the meeting be convened via telephone or video conference. The meeting shall include the student, if appropriate, at least one school staff member involved in the incident of isolated time out, time out, or physical restraint, the student's parent or guardian, and at least one appropriate school staff member not involved in the incident of isolated time out, time out, or physical restraint, such as a social worker, psychologist, nurse, or behavioral specialist. During the meeting, the school staff member or members involved in the incident of isolated time out, time out, or physical restraint, the student, and the student's parent or guardian, if applicable, shall be provided an opportunity to describe (i) the events that occurred prior to the incident of isolated time out, time out, or physical restraint and any actions that were taken by school personnel or the student leading up to the incident; (ii) the incident of isolated time out, time out, or physical restraint; and (iii) the events that occurred or the actions that were taken following the incident of isolated time out, time out, or physical restraint and whether the student returned to regular school activities and, if not, how the student spent the remainder of the school day. All parties present at the meeting shall have the opportunity to discuss what school personnel could have done differently to avoid the incident of isolated time out, time out, or physical restraint and what alternative courses of action, if any, the school can take to support the student and to avoid the future use of isolated time out, time out, or physical restraint. At no point may a student be excluded from school solely because a meeting has not occurred. A summary of the meeting and any agreements or conclusions reached during the meeting shall be documented in writing and shall become part of the student's school record. A copy of the documents shall be provided to the student's parent or guardian. If a parent or guardian does not request a meeting within 10 school days after the school has provided the documents to the parent or guardian or if a parent or guardian fails to attend a requested meeting, that fact shall be documented as part of the student's school record. (h) Whenever isolated time out, time out, or physical restraint is used, school personnel shall fully document and report to the State Board
of Education the incident, including the events
leading up to the incident, what alternative measures that are less
restrictive and intrusive were used prior to the use of isolated time out, time out, or
physical restraint, why those measures were ineffective or deemed inappropriate, the type of restraint, isolated time out, or time out that was used, the length of time the
student was in isolated time out or time out or was restrained, and the staff involved. The parents or
guardian of a student and the State Superintendent of Education shall be informed whenever isolated time out, time out, or physical restraint is used.
Schools shall provide parents and guardians with the following
information, to be developed by the State Board and which may be incorporated into the State Board's prescribed physical restraint and time out form at the discretion of the State Board, after each
incident in which isolated time out, time out, or physical restraint is used during
the school year, in printed form or, upon the written request of
the parent or guardian, by email: (1) a copy of the standards for when isolated time | ||
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(2) information about the rights of parents, | ||
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(3) information about the parent's or guardian's | ||
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(i) Any use of isolated time out, time out, or physical restraint that is permitted by the board's policy shall be implemented in accordance with written procedures.(Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.)
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(105 ILCS 5/34-18.21)
Sec. 34-18.21.
Medicaid-eligible children; health care resources.
As authorized by federal law, the school district may access federally funded
health care resources if the school district provides early periodic screening
and diagnostic
testing services, including screening and diagnostic services, health care
and treatment, preventive health care, or any other measure, to correct
or improve health impairments of Medicaid-eligible children.
(Source: P.A. 91-842, eff. 6-22-00.)
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(105 ILCS 5/34-18.22)
Sec. 34-18.22.
Unfilled teaching positions list.
The school district
must post a current list of all unfilled teaching positions in the district
on its Internet web site. The State Board of Education's Internet web site
must provide a link to this list.
(Source: P.A. 92-41, eff. 7-1-01.)
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(105 ILCS 5/34-18.23)
Sec. 34-18.23. Medical information form for bus drivers and
emergency medical technicians. The school district is encouraged to
create and use an emergency medical information form for bus drivers and
emergency medical technicians for those students with special needs or
medical conditions. The form may include without
limitation
information to be provided by the student's parent or legal guardian
concerning the student's relevant medical conditions, medications that
the student is taking, the student's communication skills, and how a
bus driver or an emergency medical technician is to respond to
certain behaviors of the student. If the form is used, the school
district is encouraged to notify parents and legal guardians of the
availability of the form. The parent or legal guardian of the student may fill
out the
form and submit it to the school that the student is attending. The
school district is encouraged to keep one copy of the form on file at the
school and another copy on the student's school bus in a secure location.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/34-18.24)
(Text of Section before amendment by P.A. 102-466) Sec. 34-18.24. Transfer of students.
(a) The board shall
establish and
implement a
policy governing the transfer of a student from one attendance center to
another within the
school district upon the request of the student's parent or guardian.
A
student may not transfer to any of the following attendance centers, except by
change in
residence if the policy authorizes enrollment based on residence in an
attendance area
or unless approved by the board on an individual basis:
(1) An attendance center that exceeds or as a result | ||
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(2) An attendance center for which the board has | ||
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(3) Any attendance center if the transfer would | ||
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(b) The board shall establish and implement a policy governing the
transfer of students within the school district from a persistently dangerous
attendance center to another attendance center in that district that is not
deemed to be
persistently dangerous.
In order to be considered a persistently dangerous attendance center, the
attendance center must meet all of the following criteria for 2 consecutive
years:
(1) Have greater than 3% of the students enrolled in | ||
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(2) Have one or more students expelled for bringing a | ||
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(3) Have at least 3% of the students enrolled in the | ||
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(c) A student may transfer from one attendance center to
another attendance center within the district if the student is a victim of a
violent
crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act.
The violent crime must have occurred on school grounds during regular school
hours or during a school-sponsored event.
(d) (Blank).
(Source: P.A. 100-1046, eff. 8-23-18.)
(Text of Section after amendment by P.A. 102-466) Sec. 34-18.24. Transfer of students.
(a) The board shall
establish and
implement a
policy governing the transfer of a student from one attendance center to
another within the
school district upon the request of the student's parent or guardian.
A
student may not transfer to any of the following attendance centers, except by
change in
residence if the policy authorizes enrollment based on residence in an
attendance area
or unless approved by the board on an individual basis:
(1) An attendance center that exceeds or as a result | ||
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(2) An attendance center for which the board has | ||
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(3) Any attendance center if the transfer would | ||
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(b) The board shall establish and implement a policy governing the
transfer of students within the school district from a persistently dangerous
attendance center to another attendance center in that district that is not
deemed to be
persistently dangerous.
In order to be considered a persistently dangerous attendance center, the
attendance center must meet all of the following criteria for 2 consecutive
years:
(1) Have greater than 3% of the students enrolled in | ||
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(2) Have one or more students expelled for bringing a | ||
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(3) Have at least 3% of the students enrolled in the | ||
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(c) A student may transfer from one attendance center to
another attendance center within the district if the student is a victim of a
violent
crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act.
The violent crime must have occurred on school grounds during regular school
hours or during a school-sponsored event.
(d) (Blank).
(e) Notwithstanding any other provision of this Code, a student who is a victim of domestic or sexual violence, as defined in Article 26A, must be allowed to transfer to another school immediately and as needed if the student's continued attendance at a particular attendance center, school facility, or school location poses a risk to the student's mental or physical well-being or safety. A student who transfers to another school under this subsection (e) due to domestic or sexual violence must have full and immediate access to extracurricular activities and any programs or activities offered by or under the auspices of the school to which the student has transferred. The school district may not require a student who is a victim of domestic or sexual violence to transfer to another school. No adverse or prejudicial effects may result to any student who is a victim of domestic or sexual violence because of the student availing himself or herself of or declining the provisions of this subsection (e). The school district may require a student to verify his or her claim of domestic or sexual violence under Section 26A-45 before approving a transfer to another school under this subsection (e). (Source: P.A. 102-466, eff. 7-1-25.)
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(105 ILCS 5/34-18.25) (Text of Section before amendment by P.A. 103-542) Sec. 34-18.25. Psychotropic or psychostimulant medication; disciplinary action. (a) In this Section: "Psychostimulant medication" means medication that produces increased levels of mental and physical energy and alertness and an elevated mood by stimulating the central nervous system. "Psychotropic medication" means psychotropic medication as defined in Section 1-121.1 of the Mental Health and Developmental Disabilities Code. (b) The board must adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student. The policy must require that, at least once every 2 years, the in-service training of certified school personnel and administrators include training on current best practices regarding the identification and treatment of attention deficit disorder and attention deficit hyperactivity disorder, the application of non-aversive behavioral interventions in the school environment, and the use of psychotropic or psychostimulant medication for school-age children. (c) This Section does not prohibit school medical staff, an individualized educational program team, or a professional worker (as defined in Section 14-1.10 of this Code) from recommending that a student be evaluated by an appropriate medical practitioner or prohibit school personnel from consulting with the practitioner with the consent of the student's parents or guardian.(Source: P.A. 95-331, eff. 8-21-07.) (Text of Section after amendment by P.A. 103-542) Sec. 34-18.25. Psychotropic or psychostimulant medication; disciplinary action. (a) In this Section: "Psychostimulant medication" means medication that produces increased levels of mental and physical energy and alertness and an elevated mood by stimulating the central nervous system. "Psychotropic medication" means psychotropic medication as defined in Section 1-121.1 of the Mental Health and Developmental Disabilities Code. (b) The board must adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student. (c) This Section does not prohibit school medical staff, an individualized educational program team, or a qualified worker (as defined in Section 14-1.10 of this Code) from recommending that a student be evaluated by an appropriate medical practitioner or prohibit school personnel from consulting with the practitioner with the consent of the student's parents or guardian.(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 5/34-18.26)
Sec. 34-18.26. Sharing information on school lunch applicants. The board shall, whenever requested by the Department of Healthcare and Family Services (formerly Department of Public Aid),
agree in writing with the Department of Healthcare and Family Services (as
the State agency that administers the State Medical Assistance Program
as provided in Title XIX of the federal Social Security Act and the State
Children's Health Insurance Program as provided in Title XXI of the
federal Social Security Act) to share with the Department of Healthcare and Family Services
information on applicants for free or reduced-price lunches.
The board shall, whenever requested by the Department of Healthcare and Family Services (formerly Department of Public Aid),
require each of its schools to agree in writing with the Department of Healthcare and Family Services to share with the Department of Healthcare and Family Services information on
applicants for free or reduced-price lunches.
This
sharing of information shall be for the sole purpose of helping the
Department of Healthcare and Family Services identify and enroll children in the State Medical
Assistance Program or the State Children's Health Insurance Program or
both as allowed under 42 U.S.C. Sec. 1758(b)(2)(C)(iii)(IV) and under the
restrictions set forth in 42 U.S.C. Sec. 1758(b)(2)(C)(vi) and (vii).
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/34-18.27)
Sec. 34-18.27. Summer kindergarten. The board may
establish, maintain, and operate, in connection with the kindergarten
program of the school district, a summer kindergarten program that
begins 2 months before the beginning of the regular school year and a
summer kindergarten program for grade one readiness for those pupils
making unsatisfactory progress during the regular kindergarten session
that will continue for 2 months after the regular school year. The
summer kindergarten program may be held within the school district or,
pursuant to a contract that must be approved by the State Board of
Education,
may be operated by 2 or more adjacent school districts or by a
public or private university or college. Transportation for students attending
the summer
kindergarten program shall be the responsibility of the school district.
The expense of establishing, maintaining, and operating the summer
kindergarten program may be paid from funds contributed or otherwise
made available to the school district for that purpose by federal or
State appropriation.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/34-18.28)
Sec. 34-18.28. Prison tour pilot program. The board shall establish a pilot program to
prevent crime by developing guidelines to identify students at risk of
committing crimes. "Students at risk of committing crimes" shall be
limited to those students who have engaged in serious acts of
misconduct in violation of the board's policy on discipline.
This program, in
cooperation with the Department of Corrections, shall include a guided tour of
a prison for each student so identified in order to discourage criminal
behavior.
The touring of a prison
under this Section shall be subject to approval, in writing, of a student's
parent or guardian.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/34-18.29)
Sec. 34-18.29. Provision of student information prohibited. The school
district, including its agents, employees, student or alumni associations, or any affiliates,
may not provide a student's name, address, telephone
number, social security number, e-mail address, or other personal
identifying information to a business organization or financial institution
that issues credit or debit cards.
(Source: P.A. 95-331, eff. 8-21-07; 96-261, eff. 1-1-10.)
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(105 ILCS 5/34-18.30)
Sec. 34-18.30. Dependents of military personnel; no tuition charge. If, at the time of enrollment, a dependent of United States military personnel is housed in temporary housing located outside of the school district, but will be living within the district within 6 months after the time of initial enrollment, the dependent must be allowed to enroll, subject to the requirements of this Section, and must not be charged tuition. Any United States military personnel attempting to enroll a dependent under this Section shall provide proof that the dependent will be living within the district within 6 months after the time of initial enrollment. Proof of residency may include, but is not limited to, postmarked mail addressed to the military personnel and sent to an address located within the district, a lease agreement for occupancy of a residence located within the district, or proof of ownership of a residence located within the district. Non-resident dependents of United States military personnel attending school on a tuition-free basis may be counted for the purposes
of determining the apportionment of State aid provided under Section 18-8.05 or 18-8.15 of this Code.
(Source: P.A. 102-126, eff. 7-23-21.) |
(105 ILCS 5/34-18.31)
Sec. 34-18.31. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 100-1046, eff. 8-23-18.)
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(105 ILCS 5/34-18.32) Sec. 34-18.32. Healthy Kids - Healthy Minds Expanded Vision Program. Because 80% of a child's learning is felt to be through the visual system, the board shall establish a program to identify students who are in need of basic vision care, yet are not covered by insurance or public assistance or do not have the financial ability to pay for services and therefore are not receiving appropriate vision care, to be known as the Healthy Kids - Healthy Minds Expanded Vision Program. Through this program, subject to appropriation, the district, in cooperation with health care providers, shall serve students at a minimum or no cost to the students. The program may provide, but is not limited to, vision examinations and glasses. Eligibility for services must be determined by prioritization of students based on both physical and financial need.
(Source: P.A. 94-137, eff. 1-1-06.) |
(105 ILCS 5/34-18.33)
Sec. 34-18.33. Principal mentoring program. Beginning on July 1, 2007, and subject to an annual appropriation by the General Assembly, the school district shall develop a principal mentoring program. The school district shall submit a copy of its principal mentoring program to the State Board of Education for its review and public comment. Whenever a substantive change has been made by the school district to its principal mentoring program, these changes must be submitted to the State Board of Education for review and comment.
(Source: P.A. 94-1039, eff. 7-20-06.) |
(105 ILCS 5/34-18.34)
Sec. 34-18.34. Student biometric information.
(a) For the purposes of this Section, "biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans. (b) If the school district collects biometric information from students, the district shall adopt a policy that requires, at a minimum, all of the following: (1) Written permission from the individual who has | ||
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(2) The discontinuation of use of a student's | ||
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(A) upon the student's graduation or withdrawal | ||
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(B) upon receipt in writing of a request for | ||
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(3) The destruction of all of a student's biometric | ||
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(4) The use of biometric information solely for | ||
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(5) A prohibition on the sale, lease, or other | ||
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(A) the individual who has legal custody of the | ||
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(B) the disclosure is required by court order. (6) The storage, transmittal, and protection of all | ||
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(c) Failure to provide written consent under item (1) of subsection (b) of this Section by the individual who has legal custody of the student or by the student, if he or she has reached the age of 18, must not be the basis for refusal of any services otherwise available to the student.
(d) Student biometric information may be destroyed without notification to or the approval of a local records commission under the Local Records Act if destroyed within 30 days after the use of the biometric information is discontinued in accordance with item (2) of subsection (b) of this Section. (Source: P.A. 95-232, eff. 8-16-07; 95-793, eff. 1-1-09; 95-876, eff. 8-21-08.) |
(105 ILCS 5/34-18.35) Sec. 34-18.35. Use of facilities by community organizations. The board is encouraged to allow community organizations to use school facilities during non-school hours. If the board allows a community organization to use school facilities during non-school hours, the board must adopt a formal policy governing the use of school facilities by community organizations during non-school hours. The policy shall prohibit such use if it interferes with any school functions or the safety of students or school personnel or affects the property or liability of the school district.
(Source: P.A. 95-308, eff. 8-20-07; 95-876, eff. 8-21-08.) |
(105 ILCS 5/34-18.36) Sec. 34-18.36. Wind and solar farms. The school district may own and operate a wind or solar generation turbine farm, either individually or jointly with a unit of local government, school district, or community college district that is authorized to own and operate a wind or solar generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the school district. The school district may ask for the assistance of any State agency, including without limitation the State Board of Education, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind or solar generation turbine farm.
(Source: P.A. 95-390, eff. 8-23-07; 95-805, eff. 8-12-08; 95-876, eff. 8-21-08; 96-725, eff. 8-25-09.) |
(105 ILCS 5/34-18.37)
Sec. 34-18.37. Veterans' Day; moment of silence. If a school holds any type of event at the school on November 11, Veterans' Day, the board shall require a moment of silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.)
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(105 ILCS 5/34-18.38)
Sec. 34-18.38. Administrator and teacher salary and benefits; report. The board shall report to the State Board of Education, on or before October 1 of each year, the base salary and benefits of the general superintendent of schools or chief executive officer and all administrators and teachers employed by the school district. For the purposes of this Section, "benefits" includes without limitation vacation days, sick days, bonuses, annuities, and retirement enhancements.
Prior to this annual reporting to the State Board of Education, the information must be presented at a regular board meeting, subject to applicable notice requirements, and then posted on the Internet website of the school district, if any. (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-256, eff. 1-1-12.)
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(105 ILCS 5/34-18.39)
Sec. 34-18.39. Radon testing. (a) It is recommended that every occupied school building of the school district be tested every 5 years for radon pursuant to rules established by the Illinois Emergency Management Agency (IEMA). (b) It is recommended that new schools of the school district be built using radon resistant new construction techniques, as shown in the United States Environmental Protection Agency document, Radon Prevention in the Design and Construction of Schools and Other Large Buildings. (c) The school district may maintain, make available for review, and notify parents and faculty of test results under this Section. The district shall report radon test results to the State Board of Education, which shall prepare a report every 2 years of the results from all schools that have performed tests, to be submitted to the General Assembly and the Governor. (d) If IEMA exempts an individual from being required to be a licensed radon professional, the individual does not need to be a licensed radon professional in order to perform screening tests under this Section. The school district may elect to have one or more employees from the district attend an IEMA-approved, Internet-based training course on school testing in order to receive an exemption to conduct testing in the school district. These school district employees must perform the measurements in accordance with procedures approved by IEMA. If an exemption from IEMA is not received, the school district must use a licensed radon professional to conduct measurements. (e) If the results of a radon screening test under this Section are found to be 4.0 pCi/L or above, the school district may hire a licensed radon professional to perform measurements before any mitigation decisions are made. If radon levels of 4.0 pCi/L or above are found, it is recommended that affected areas be mitigated by a licensed radon mitigation professional with respect to both design and installation. IEMA may provide the school district with a list of licensed radon mitigation professionals. (f) A screening test under this Section may be done with a test kit found in a hardware store, department store, or home improvement store or with a kit ordered through the mail or over the Internet. However, the kit must be provided by a laboratory licensed in accordance with the Radon Industry Licensing Act.
(Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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(105 ILCS 5/34-18.40)
Sec. 34-18.40. Compliance with Chemical Safety Acts. The Board of Education must adopt a procedure to comply with the requirements of the Lawn Care Products Application and Notice Act and the Structural Pest Control Act. The superintendent must designate a staff person who is responsible for compliance with the requirements of these Acts.
(Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.)
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(105 ILCS 5/34-18.41)
Sec. 34-18.41. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-256, eff. 1-1-12.)
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(105 ILCS 5/34-18.42)
Sec. 34-18.42. Press boxes; accessibility. The board does not have to comply with the Illinois Accessibility Code (71 Ill. Adm. Code 400) with respect to accessibility to press boxes that are on school property if the press boxes were constructed before the effective date of this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-674, eff. 8-25-09; 96-1000, eff. 7-2-10.)
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(105 ILCS 5/34-18.43) Sec. 34-18.43. Establishing an equitable and effective school facility development process. (a) The General Assembly finds all of the following: (1) The Illinois Constitution recognizes that a | ||
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(2) Quality educational facilities are essential for | ||
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(3) The public school is a major institution in our | ||
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(4) The equitable and efficient use of available | ||
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(5) School openings, school closings, school | ||
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(6) The General Assembly has previously stated that | ||
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(b) In order to ensure that school facility-related decisions are made with the input of the community and reflect educationally sound and fiscally responsible criteria, a Chicago Educational Facilities Task Force shall be established within 15 days after the effective date of this amendatory Act of the 96th General Assembly. (c) The Chicago Educational Facilities Task Force shall consist of all of the following members: (1) Two members of the House of Representatives | ||
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(2) Two members of the House of Representatives | ||
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(3) Two members of the Senate appointed by the | ||
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(4) Two members of the Senate appointed by the | ||
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(5) Two representatives of school community | ||
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(6) Two representatives of school community | ||
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(7) The chief executive officer of the school | ||
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(8) The president of the union representing teachers | ||
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(9) The president of the association representing | ||
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(d) The Speaker of the House shall appoint one of the appointed House members as a co-chairperson of the Chicago Educational Facilities Task Force. The President of the Senate shall appoint one of the appointed Senate members as a co-chairperson of the Chicago Educational Facilities Task Force. Members appointed by the legislative leaders shall be appointed for the duration of the Chicago Educational Facilities Task Force; in the event of a vacancy, the appointment to fill the vacancy shall be made by the legislative leader of the same chamber and party as the leader who made the original appointment. (e) The Chicago Educational Facilities Task Force shall call on independent experts, as needed, to gather and analyze pertinent information on a pro bono basis, provided that these experts have no previous or on-going financial interest in school facility issues related to the school district. The Chicago Educational Facilities Task Force shall secure pro bono expert assistance within 15 days after the establishment of the Chicago Educational Facilities Task Force. (f) The Chicago Educational Facilities Task Force shall be empowered to gather further evidence in the form of testimony or documents or other materials. (g) The Chicago Educational Facilities Task Force, with the help of the independent experts, shall analyze past Chicago experiences and data with respect to school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions on students. The Chicago Educational Facilities Task Force shall consult widely with stakeholders, including public officials, about these facility issues and their related costs and shall examine relevant best practices from other school systems for dealing with these issues systematically and equitably. These initial investigations shall include opportunities for input from local stakeholders through hearings, focus groups, and interviews. (h) The Chicago Educational Facilities Task Force shall prepare recommendations describing how the issues set forth in subsection (g) of this Section can be addressed effectively based upon educationally sound and fiscally responsible practices. (i) The Chicago Educational Facilities Task Force shall hold hearings in separate areas of the school district at times that shall maximize school community participation to obtain comments on draft recommendations. The final hearing shall take place no later than 15 days prior to the completion of the final recommendations. (j) The Chicago Educational Facilities Task Force shall prepare final proposed policy and legislative recommendations for the General Assembly, the Governor, and the school district. The recommendations may address issues, standards, and procedures set forth in this Section. The final recommendations shall be made available to the public through posting on the school district's Internet website and other forms of publication and distribution in the school district at least 7 days before the recommendations are submitted to the General Assembly, the Governor, and the school district. (k) The recommendations may address issues of system-wide criteria for ensuring clear priorities, equity, and efficiency. Without limitation, the final recommendations may propose significant decision-making roles for key stakeholders, including the individual school and community; recommend clear criteria or processes for establishing criteria for making school facility decisions; and include clear criteria for setting priorities with respect to school openings, school closings, school consolidations, school turnarounds, school phase-outs, school construction, school repairs, school modernizations, school boundary changes, and other related school facility decisions, including the encouragement of multiple community uses for school space. Without limitation, the recommendations may propose criteria for student mobility; the transferring of students to lower performing schools; teacher mobility; insufficient notice to and the lack of inclusion in decision-making of local school councils, parents, and community members about school facility decisions; and costly facilities-related expenditures due to poor educational and facilities planning. (l) The State Board of Education and the school district shall provide administrative support to the Chicago Educational Facilities Task Force.
(m) After recommendations have been issued, the Chicago Educational Facilities Task Force shall meet upon the call of the chairs, for the purpose of reviewing Chicago public schools' compliance with the provisions of Sections 34-200 through 34-235 of this Code concerning school action and facility master planning. The Task Force shall prepare a report to the General Assembly, the Governor's Office, the Mayor of the City of Chicago, and the Chicago Board of Education indicating how the district has met the requirements of the provisions of Sections 34-200 through 34-235 of this Code concerning school action and facility master planning. (Source: P.A. 102-539, eff. 8-20-21.) |
(105 ILCS 5/34-18.44) Sec. 34-18.44. American Sign Language courses. The school board is encouraged to implement American Sign Language courses into school foreign language curricula.
(Source: P.A. 96-843, eff. 6-1-10; 97-333, eff. 8-12-11.) |
(105 ILCS 5/34-18.45) Sec. 34-18.45. Minimum reading instruction. The board shall promote 60 minutes of minimum reading opportunities daily for students in kindergarten through 3rd grade whose reading level is one grade level or lower than their current grade level according to current learning standards and the school district.
(Source: P.A. 97-88, eff. 7-8-11; 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.) |
(105 ILCS 5/34-18.46)
Sec. 34-18.46. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-245, eff. 8-3-15.)
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(105 ILCS 5/34-18.47) Sec. 34-18.47. Youth program. The board may develop a plan for implementing a program that seeks to establish common bonds between youth of various backgrounds and ethnicities, which may be similar to that of the Challenge Day organization.
(Source: P.A. 97-909, eff. 1-1-13; 98-463, eff. 8-16-13.) |
(105 ILCS 5/34-18.48) Sec. 34-18.48. Bring Your Parents to School Day. The board may designate the first Monday in October of each year "Bring Your Parents to School Day" to promote parental involvement and student success. On this day, the board may permit the parents or guardians of students to attend class with their children and meet with teachers and administrators during the school day.
(Source: P.A. 98-304, eff. 1-1-14.) |
(105 ILCS 5/34-18.49) Sec. 34-18.49. Carbon monoxide alarm required. (a) In this Section: "Approved carbon monoxide alarm" and "alarm" have the meaning ascribed to those terms in the Carbon Monoxide Alarm Detector Act. "Carbon monoxide detector" and "detector" mean a device having a sensor that responds to carbon monoxide gas and that is connected to an alarm control unit and approved in accordance with rules adopted by the State Fire Marshal. (b) The board shall require that each school under its authority be equipped with approved carbon monoxide alarms or carbon monoxide detectors. The alarms must be powered as follows: (1) For a school designed before January 1, 2016 (the | ||
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(2) For a school designed on or after January 1, 2016 | ||
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Alarms or detectors must be located within 20 feet of a carbon monoxide emitting device. Alarms or detectors must be in operating condition and be inspected annually. A school is exempt from the requirements of this Section if it does not have or is not close to any sources of carbon monoxide. A school must require plans, protocols, and procedures in response to the activation of a carbon monoxide alarm or carbon monoxide detection system.
(Source: P.A. 99-470, eff. 1-1-16; 100-201, eff. 8-18-17.) |
(105 ILCS 5/34-18.50) Sec. 34-18.50. Accelerate College pilot program. The district may enter into an Accelerate College educational partnership agreement as authorized under Section 3-42.4 of the Public Community College Act.
(Source: P.A. 99-611, eff. 7-22-16; 100-201, eff. 8-18-17.) |
(105 ILCS 5/34-18.51) Sec. 34-18.51. Committee on the retention of students. (a) The board may create a committee on the retention of students. The committee shall consist of the general superintendent of schools or his or her designee, a district administrator who directs student instruction and curriculum, a principal from a school of the district, and a teacher from a school of the district. (b) Prior to retention in a grade, a school may submit, by a date as set by the committee on the retention of students, the names of all students determined by the school to not qualify for promotion to the next higher grade and the reason for that determination. The committee shall review the school's decision to retain with respect to each student and shall make a final decision regarding whether or not to retain a particular student. The committee shall take into consideration the relevant data and evidence gathered during the Response to Intervention process. The committee may vote to overturn a retention decision if the committee determines that the student should be promoted after examining the student's access to remedial assistance, performance, attendance, and participation and the resources and facilities provided by the school district or due to the student having an undiagnosed learning disability.
(Source: P.A. 99-592, eff. 7-22-16; 100-201, eff. 8-18-17.) |
(105 ILCS 5/34-18.52) Sec. 34-18.52. DCFS liaison. (a) The board must appoint at least one employee to act as a liaison to facilitate the enrollment and transfer of records of students in the legal custody of the Department of Children and Family Services when enrolling in or changing schools. The board may appoint any employee of the school district who is licensed under Article 21B of this Code to act as a liaison; however, employees who meet any of the following criteria must be prioritized for appointment: (1) Employees who have worked with mobile student | ||
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(2) Employees who are familiar with enrollment, | ||
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(3) Employees who serve as a high-level administrator. (4) Employees who are counselors or have experience | ||
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(5) Employees who are knowledgeable on child welfare | ||
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(6) Employees who serve as a school social worker. (b) Liaisons under this Section are encouraged to build capacity and infrastructure within the school district to support students in the legal custody of the Department of Children and Family Services. Liaison responsibilities may include the following: (1) streamlining the enrollment processes for | ||
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(2) implementing student data tracking and monitoring | ||
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(3) ensuring that students in the legal custody of | ||
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(4) coordinating student withdrawal from a school, | ||
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(5) becoming experts on the foster care system and | ||
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(6) coordinating with child welfare partners; (7) providing foster care-related information and | ||
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(8) working with the Department of Children and | ||
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(9) reviewing student schedules to ensure that | ||
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(10) encouraging a successful transition into | ||
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(11) encouraging involvement in extracurricular | ||
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(12) knowing what support is available within the | ||
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(c) The school district is required to designate a liaison by the beginning of the 2022-2023 school year. (d) Individuals licensed under Article 21B of this Code acting as a liaison under this Section shall perform the duties of a liaison in addition to existing contractual obligations.
(Source: P.A. 102-199, eff. 7-1-22.) |
(105 ILCS 5/34-18.53) Sec. 34-18.53. Breastfeeding accommodations for pupils. (a) Each public school shall provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. Reasonable accommodations under this Section include, but are not limited to, all of the following: (1) Access to a private and secure room, other than a | ||
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(2) Permission to bring onto a school campus a breast | ||
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(3) Access to a power source for a breast pump or any | ||
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(4) Access to a place to store expressed breast milk | ||
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(b) A lactating pupil on a school campus must be provided a reasonable amount of time to accommodate her need to express breast milk or breastfeed an infant child. (c) A public school shall provide the reasonable accommodations specified in subsections (a) and (b) of this Section only if there is at least one lactating pupil on the school campus. (d) A public school may use an existing facility to meet the requirements specified in subsection (a) of this Section. (e) A pupil may not incur an academic penalty as a result of her use, during the school day, of the reasonable accommodations specified in this Section and must be provided the opportunity to make up any work missed due to such use. (f) In instances where a student files a complaint of noncompliance with the requirements of this Section, the public school shall implement the grievance procedure of 23 Ill. Adm. Code 200, including appeals procedures.
(Source: P.A. 100-29, eff. 1-1-18; 100-863, eff. 8-14-18.) |
(105 ILCS 5/34-18.54) (Text of Section before amendment by P.A. 103-542) Sec. 34-18.54. Implicit bias training. (a) The General Assembly makes the following findings: (1) implicit racial bias influences evaluations of | ||
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(2) understanding implicit racial bias is needed in | ||
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(3) marginalized students would benefit from having | ||
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(4) training that helps educators overcome implicit | ||
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(b) The board shall require in-service training for school personnel to include training to develop cultural competency, including understanding and reducing implicit racial bias. (c) As used in this Section, "implicit racial bias" means a preference, positive or negative, for a racial or ethnic group that operates outside of awareness. This bias has 3 different components: affective, behavioral, and cognitive.(Source: P.A. 100-14, eff. 7-1-17; 100-863, eff. 8-14-18.) (Text of Section after amendment by P.A. 103-542) Sec. 34-18.54. Implicit bias training. (a) The General Assembly makes the following findings: (1) implicit racial bias influences evaluations of | ||
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(2) understanding implicit racial bias is needed in | ||
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(3) marginalized students would benefit from having | ||
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(4) training that helps educators overcome implicit | ||
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(b) The board shall require in-service training for teachers, administrators, and school support personnel to include training to develop cultural competency, including understanding and reducing implicit racial bias as outlined in Sections 10-22.39 and 3-11. (c) As used in this Section, "implicit racial bias" means a preference, positive or negative, for a racial or ethnic group that operates outside of awareness. This bias has 3 different components: affective, behavioral, and cognitive.(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 5/34-18.55) Sec. 34-18.55. Dual enrollment and dual credit notification. The board shall require the district's high schools to inform all 11th and 12th grade students of dual enrollment and dual credit opportunities at public community colleges for qualified students.
(Source: P.A. 100-133, eff. 1-1-18; 100-863, eff. 8-14-18.) |
(105 ILCS 5/34-18.56) Sec. 34-18.56. Availability of menstrual hygiene products. (a) The General Assembly finds the following: (1) Menstrual hygiene products are a health care | ||
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(2) Access to menstrual hygiene products is a serious | ||
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(3) When students do not have access to affordable | ||
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(4) When students have access to quality menstrual | ||
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(b) In this Section: "Menstrual hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle. "School building" means any facility (i) that is owned or leased by the school district or over which the board has care, custody, and control and (ii) in which there is a public school serving students in grades 6 through 12. (c) The school district shall make menstrual hygiene products available, at no cost to students, in bathrooms of every school building that are open for student use in grades 4 through 12 during the regular school day.
(Source: P.A. 102-340, eff. 8-13-21.) |
(105 ILCS 5/34-18.57) Sec. 34-18.57. Booking stations on school grounds. (a) There shall be no student booking station established or maintained on the grounds of any school. (b) This prohibition shall be applied to student booking stations only, as defined in this Section. The prohibition does not prohibit or affect the establishment or maintenance of any place operated by or under the control of law enforcement personnel, school resource officers, or other security personnel that does not also qualify as a student booking station as defined in paragraph (2) of subsection (d) of this Section. The prohibition does not affect or limit the powers afforded law enforcement officers to perform their duties within schools as otherwise prescribed by law. (c) When the underlying suspected or alleged criminal act is an act of violence, and isolation of a student or students is deemed necessary to the interest of public safety, and no other location is adequate for secure isolation of the student or students, offices as described in paragraph (1) of subsection (d) of this Section may be employed to detain students for a period no longer than that required to alleviate that threat to public safety. (d) As used in this Section, "student booking station" means a building, office, room, or any indefinitely established space or site, mobile or fixed, which operates concurrently as: (1) predominantly or regularly a place of operation | ||
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(2) a site at which students are detained in | ||
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(Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.) |
(105 ILCS 5/34-18.58) Sec. 34-18.58. School social worker. The board may employ school social workers who have graduated with a master's or higher degree in social work from an accredited graduate school of social work and have such additional qualifications as may be required by the State Board of Education and who hold a Professional Educator License with a school support personnel endorsement for school social work pursuant to Section 21B-25 of this Code. Only persons so licensed and endorsed may use the title "school social worker". A school social worker may provide individual and group services to the general student population and to students with disabilities pursuant to Article 14 of this Code and rules set forth in 23 Ill. Adm. Code 226, Special Education, adopted by the State Board of Education and may provide support and consultation to administrators, teachers, and other school personnel consistent with their professional qualifications and the provisions of this Code and other applicable laws. The school district may employ a sufficient number of school social workers to address the needs of their students and schools and may maintain the nationally recommended student-to-school social worker ratio of 250 to 1. A school social worker may not provide such services outside his or her employment to any student in the district or districts that employ the school social worker.
(Source: P.A. 100-356, eff. 8-25-17; 100-863, eff. 8-14-18.) |
(105 ILCS 5/34-18.59) Sec. 34-18.59. School-grown produce. The school district may serve students produce grown and harvested by students in school-owned facilities utilizing hydroponics or aeroponics or in school-owned or community gardens if the soil and compost in which the produce is grown meets the standards adopted in 35 Ill. Adm. Code 830.503, if applicable, and the produce is served in accordance with the standards adopted in 77 Ill. Adm. Code 750.
(Source: P.A. 100-505, eff. 6-1-18; 100-863, eff. 8-14-18.) |
(105 ILCS 5/34-18.60) Sec. 34-18.60. (Repealed).
(Source: P.A. 100-596, eff. 7-1-18. Repealed internally, eff. 7-1-23.) |
(105 ILCS 5/34-18.61) Sec. 34-18.61. Self-administration of medication. (a) In this Section, "asthma action plan" has the meaning given to that term under Section 22-30. (b) Notwithstanding any other provision of law, the school district must allow any student with an asthma action plan, an Individual Health Care Action Plan, an allergy emergency action plan, a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or a plan pursuant to the federal Individuals with Disabilities Education Act to self-administer any medication required under those plans if the student's parent or guardian provides the school district with (i) written permission for the student's self-administration of medication and (ii) written authorization from the student's physician, physician assistant, or advanced practice registered nurse for the student to self-administer the medication. A parent or guardian must also provide to the school district the prescription label for the medication, which must contain the name of the medication, the prescribed dosage, and the time or times at which or the circumstances under which the medication is to be administered. Information received by the school district under this subsection shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (c) The school district must adopt an emergency action plan for a student who self-administers medication under subsection (b). The plan must include both of the following: (1) A plan of action in the event a student is unable | ||
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(2) The situations in which a school must call 9-1-1. (d) The school district and its employees and agents shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication by a student under subsection (b). The student's parent or guardian must sign a statement to this effect, which must acknowledge that the parent or guardian must indemnify and hold harmless the school district and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the self-administration of medication by a student.
(Source: P.A. 102-558, eff. 8-20-21; 103-175, eff. 6-30-23.) |
(105 ILCS 5/34-18.62)
(Text of Section before amendment by P.A. 103-472) Sec. 34-18.62. Policy on sexual harassment. The school district must create, maintain, and implement an age-appropriate policy on sexual harassment that must be posted on the school district's website and, if applicable, any other area where policies, rules, and standards of conduct are currently posted in each school and must also be included in the school district's student code of conduct handbook.
(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-472) Sec. 34-18.62. Policies on discrimination and harassment; prevention and response program. (a) The school district must create, maintain, and implement an age-appropriate policy on sexual harassment that must be posted on the school district's website and, if applicable, any other area where policies, rules, and standards of conduct are currently posted in each school and must also be included in the school district's student code of conduct handbook. (b) The school district must create, maintain, and implement a policy or policies prohibiting discrimination and harassment based on race, color, and national origin and prohibiting retaliation. Such policy or policies may be included as part of a broader anti-harassment or anti-discrimination policy provided they are distinguished with an appropriate title, heading, or label. The policy or policies adopted under this subsection (b) must comply with and be distributed in accordance with subsection (b) of Section 22-95 of this Code. (c) The school district must establish procedures for responding to complaints of discrimination and harassment based on race, color, and national origin, and retaliation. These procedures must comply with subsection (c) of Section 22-95 of this Code.
(Source: P.A. 102-558, eff. 8-20-21; 103-472, eff. 8-1-24.)
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(105 ILCS 5/34-18.63)
Sec. 34-18.63. Class size reporting. No later than November 16, 2020, and annually thereafter, the school district must report to the State Board of Education information on the school district described under subsection (b) of Section 2-3.136a and must make that information available on its website.
(Source: P.A. 101-451, eff. 1-1-20; 102-558, eff. 8-20-21.)
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(105 ILCS 5/34-18.64)
Sec. 34-18.64. Sexual abuse investigations at schools. Every 2 years, the school district must review all existing policies and procedures concerning sexual abuse investigations at schools to ensure consistency with Section 22-85.
(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.)
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(105 ILCS 5/34-18.65)
Sec. 34-18.65. Door security locking means. (a) In this Section, "door security locking means" means a door locking means intended for use by a trained school district employee in a school building for the purpose of preventing ingress through a door of the building. (b) The school district may install a door security locking means on a door of a school building to prevent unwanted entry through the door if all of the following requirements are met: (1) The door security locking means can be engaged | ||
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(2) The unlocking and unlatching of the door security | ||
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(3) The door security locking means complies with all | ||
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(4) Locks, if remotely engaged, can be unlocked from | ||
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(5) The door security locking means is capable of | ||
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(6) The door security locking means does not modify | ||
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(7) Any bolts, stops, brackets, or pins employed by | ||
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(8) School district employees are trained in the | ||
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(9) For doors installed before July 1, 2019 only, the | ||
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(10) The door security locking means is no more than | ||
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(11) The door security locking means otherwise | ||
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The school district may install a door security locking means that does not comply with paragraph (3) or (10) of this subsection if (i) the school district meets all other requirements under this subsection and (ii) prior to its installation, local law enforcement officials, the local fire department, and the board agree, in writing, to the installation and use of the door security locking means. The school district must keep the agreement on file and must, upon request, provide the agreement to the State Board of Education. The agreement must be included in the school district's filed school safety plan under the School Safety Drill Act. (c) The school district must include the location of any door security locking means and must address the use of the locking and unlocking means from within and outside the room in its filed school safety plan under the School Safety Drill Act. Local law enforcement officials and the local fire department must be notified of the location of any door security locking means and how to disengage it. Any specific tool needed to disengage the door security locking means from the outside of the room must, upon request, be made available to local law enforcement officials and the local fire department. (d) A door security locking means may be used only (i) by a school district employee trained under subsection (e), (ii) during an emergency that threatens the health and safety of students and employees or during an active shooter drill, and (iii) when local law enforcement officials and the local fire department have been notified of its installation prior to its use. The door security locking means must be engaged for a finite period of time in accordance with the school district's school safety plan adopted under the School Safety Drill Act. (e) If the school district installs a door security locking means, it must conduct an in-service training program for school district employees on the proper use of the door security locking means. The school district shall keep a file verifying the employees who have completed the program and must, upon request, provide the file to the local fire department and local law enforcement agency. (f) A door security locking means that requires 2 releasing operations must be discontinued from use when the door is replaced or is a part of new construction. Replacement and new construction door hardware must include mortise locks, compliant with the applicable building code, and must be lockable from the occupied side without opening the door. However, mortise locks are not required if panic hardware or fire exit hardware is required.
(Source: P.A. 101-548, eff. 8-23-19; 102-558, eff. 8-20-21.)
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(105 ILCS 5/34-18.66) Sec. 34-18.66. Remote and blended remote learning. This Section applies if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. (1) If the Governor has declared a disaster due to a | ||
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(2) For purposes of this Section, a remote learning | ||
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(3) If the district does not implement an e-learning | ||
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(4) Each remote and blended remote learning day plan | ||
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(i) accessibility of the remote instruction to | ||
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(ii) if applicable, a requirement that the remote | ||
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(iii) a means for students to confer with an | ||
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(iv) the unique needs of students in special | ||
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(v) how the district will take attendance and | ||
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(vi) transitions from remote learning to on-site | ||
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(5) The general superintendent of schools shall | ||
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(6) Each remote and blended remote learning day plan | ||
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(7) This Section does not create any additional | ||
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(8) Statutory and regulatory curricular mandates and | ||
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(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/34-18.67)
Sec. 34-18.67. (Repealed).
(Source: P.A. 102-813, eff. 5-13-22. Repealed by P.A. 103-143, eff. 7-1-23.)
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(105 ILCS 5/34-18.68) Sec. 34-18.68. Chicago Board of Education Non-Citizen Advisory Board. (a) The Chicago Board of Education Diversity Advisory Board is created to provide non-citizen students with maximum opportunity for success during their elementary and secondary education experience. (b) The Chicago Board of Education Non-Citizen Advisory Board is composed of individuals appointed by the Mayor to advise the Chicago Board of Education on but not limited to the following issues: (1) Appropriate ways to create an equitable and | ||
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(2) Strengthening student, parent, and guardian | ||
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(3) Establishing appropriate communication methods | ||
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(4) Ensuring principals and other district leaders | ||
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(5) Developing appropriate methods by which | ||
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(6) Providing the perspective of non-citizen families | ||
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(Source: P.A. 102-177, eff. 6-1-22.) |
(105 ILCS 5/34-18.69) Sec. 34-18.69. Moratorium on school closings, consolidations, and phase-outs. The Board shall not approve any school closings, consolidations, or phase-outs until the Board of Education is seated on January 15, 2025.
(Source: P.A. 102-177, eff. 12-17-21 (See Section 15 of P.A. 102-691 for the effective date of P.A. 102-177).) |
(105 ILCS 5/34-18.70)
Sec. 34-18.70. Independent financial review. The Chicago Board of Education shall commission an independent review and report of the district's finances and entanglements with the City of Chicago. No later than October 31, 2022, the report shall be provided to the Governor, the State Board of Education, the General Assembly, the Mayor of the City of Chicago, and the Chicago Board of Education. No later than July 1, 2023, the State Board of Education shall review the independent review and report and make recommendations to the legislature on the Chicago Board of Education's ability to operate with the financial resources available to it as an independent unit of local government.
(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21.)
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(105 ILCS 5/34-18.71)
Sec. 34-18.71. Parent-teacher conference and other meetings; caseworker. For any student who is in the legal custody of the Department of Children and Family Services, the liaison appointed under Section 34-18.52 must inform the Department's Office of Education and Transition Services of a parent-teacher conference or any other meeting concerning the student that would otherwise involve a parent and must, at the option of the caseworker, allow the student's caseworker to attend the conference or meeting.
(Source: P.A. 102-199, eff. 7-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-18.72)
Sec. 34-18.72. Website accessibility guidelines. (a) As used in this Section, "Internet website or web service" means any third party online curriculum that is made available to enrolled students or the public by the school district through the Internet. (b) To ensure that the content available on an Internet website or web service of the school district is readily accessible to persons with disabilities, the school district must require that the Internet website or web service comply with Level AA of the World Wide Web Consortium's Web Content Accessibility Guidelines 2.1 or any revised version of those guidelines.
(Source: P.A. 102-238, eff. 8-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-18.73)
Sec. 34-18.73. Parental notification of student discipline. (a) In this Section, "misconduct" means an incident that involves offensive touching, a physical altercation, or the use of violence. (b) If a student commits an act or acts of misconduct involving offensive touching, a physical altercation, or the use of violence, the student's school shall provide written notification of that misconduct to the parent or guardian of the student. (c) If a student makes a written statement to a school employee relating to an act or acts of misconduct, whether the student is engaging in the act or acts or is targeted by the act or acts, the school shall provide the written statement to the student's parent or guardian, upon request and in accordance with federal and State laws and rules governing school student records. (d) If the parent or guardian of a student involved in an act or acts of misconduct, whether the student is engaging in the act or acts or is targeted by the act or acts, requests a synopsis of any statement made by the parent's or guardian's child, the school shall provide any existing records responsive to that request, in accordance with federal and State laws and rules governing school student records. (e) A school shall make reasonable attempts to provide a copy of any disciplinary report resulting from an investigation into a student's act or acts of misconduct to the parent or guardian of the student receiving disciplinary action, including any and all restorative justice measures, within 2 school days after the completion of the report. The disciplinary report shall include all of the following: (1) A description of the student's act or acts of | ||
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(2) A description of the disciplinary action, if any, | ||
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(3) The school's justification and rationale for the | ||
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(4) A description of the restorative justice | ||
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(Source: P.A. 102-251, eff. 8-6-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-18.74)
Sec. 34-18.74. School support personnel reporting. No later than December 1, 2022 and each December 1st annually thereafter, the school district must report to the State Board of Education the information with regard to the school district as of October 1st of each year beginning in 2022 as described in subsection (b) of Section 2-3.182 of this Code and must make that information available on its website.
(Source: P.A. 102-302, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-18.75)
Sec. 34-18.75. Identification cards; suicide prevention information. If the school district issues an identification card to pupils in any of grades 6 through 12, the district shall provide contact information for the National Suicide Prevention Lifeline (988), the Crisis Text Line, and the Safe2Help Illinois helpline on the identification card. The contact information shall identify each helpline that may be contacted through text messaging. The contact information shall be included in the school's student handbook and also the student planner if a student planner is custom printed by the school for distribution to pupils in any of grades 6 through 12.
(Source: P.A. 102-416, eff. 7-1-22; 102-813, eff. 5-13-22; 103-143, eff. 7-1-23.)
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(105 ILCS 5/34-18.76)
Sec. 34-18.76. Student absence; pregnancy. The board shall adopt written policies related to absences and missed homework or classwork assignments as a result of or related to a student's pregnancy.
(Source: P.A. 102-471, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/34-18.78) Sec. 34-18.78. COVID-19 paid administrative leave. (a) In this Section: "Employee" means a person employed by the school district on or after April 5, 2022 (the effective date of Public Act 102-697). "Fully vaccinated against COVID-19" means: (1) 2 weeks after receiving the second dose in a | ||
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(2) 2 weeks after receiving a single dose of a | ||
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"Fully vaccinated against COVID-19" also includes any recommended booster doses for which the individual is eligible upon the adoption by the Department of Public Health of any changes made by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services to the definition of "fully vaccinated against COVID-19" to include any such booster doses. For purposes of this Section, individuals who are eligible for a booster dose but have not received a booster dose by 5 weeks after the Department of Public Health adopts a revised definition of "fully vaccinated against COVID-19" are not considered fully vaccinated for determining eligibility for future paid administrative leave pursuant to this Section. "School district" includes charter schools established under Article 27A of this Code. (b) During any time when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and the school district, the State or any of its agencies, or a local public health department has issued
guidance, mandates, or rules related to COVID-19 that restrict
an employee of the school district from being on school district property because the employee (i) has a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19, (ii) has a probable COVID-19 diagnosis via an antigen diagnostic test, (iii) has been in close contact with a person who had a confirmed case of COVID-19 and is required to be excluded from the school, or (iv) is required by the school or school district policy to be excluded from school district property due to COVID-19 symptoms, the employee of the school district shall receive as many days of administrative leave as required to abide by the public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative. Such leave shall be provided to an employee for any days for which the employee was required to be excluded from school property prior to April 5, 2022 (the effective date of Public Act 102-697), provided that the employee receives all doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697). (c) An employee of the school district shall receive paid
administrative leave pursuant to subsection (b) of this Section, unless a
longer period of paid administrative leave has been negotiated
with the exclusive bargaining representative, to care for a
child of the employee if the child is unable to attend
elementary or secondary school
because the child has: (1) a confirmed positive COVID-19 diagnosis via a | ||
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(2) a probable COVID-19 diagnosis via an antigen | ||
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(3) been in close contact with a person who has a | ||
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(4) been required by the school or school district | ||
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Such leave shall be provided to an employee for any days needed to care for a child of the employee prior to April 5, 2022 (the effective date of Public Act 102-697), provided that the employee receives the doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697). (d) An employee of the school district who is on paid
administrative leave pursuant to this Section must provide all
documentation requested by the board. (e) An employee of the school district who is on paid
administrative leave pursuant to this Section shall receive
the employee's regular rate of pay. The use of a paid
administrative leave day or days by an employee pursuant to
this Section may not diminish any other leave or benefits of
the employee. (f) An employee of the school district may not accrue paid
administrative leave pursuant to this Section. (g) For an employee of the school district to be eligible to receive paid administrative leave pursuant to this Section, the employee must: (1) have received all required doses to be fully | ||
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(2) participate in the COVID-19 testing program | ||
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(h) Nothing in this Section is intended to affect any right or remedy under federal law. (i) No paid administrative leave awarded to or used by a fully vaccinated employee prior to the Department of Public Health's adoption of a revised definition of the term "fully vaccinated against COVID-19" may be rescinded on the basis that the employee no longer meets the definition of "fully vaccinated against COVID-19" based on the revised definition.
(Source: P.A. 102-697, eff. 4-5-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-18.79) Sec. 34-18.79. Sick leave; mental or behavioral health complications. In addition to any interpretation or definition included in a collective bargaining agreement or board of education or district policy, sick leave, or its equivalent, to which a teacher or other eligible employee is entitled shall be interpreted to include mental or behavioral health complications. Unless contrary to a collective bargaining agreement or board of education or district policy, the board may require a certificate from a mental health professional licensed in Illinois providing ongoing care or treatment to the teacher or employee as a basis for pay during leave after an absence of 3 days for mental or behavioral health complications.
(Source: P.A. 102-866, eff. 5-13-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-18.80) Sec. 34-18.80. College and career readiness systems. (a) Subject to subsection (c) of this Section, by July 1, 2024, the school district shall adopt and commence implementation of a postsecondary and career expectations framework for each of grades 6 through 12 that substantially aligns to the model framework adopted by State agencies pursuant to Section 15 of the Postsecondary and Workforce Readiness Act. The local postsecondary and career expectations framework shall be available on a prominent location on the school district's website. The career exploration and career development activities offered in alignment with the postsecondary and career expectations framework shall prepare students enrolled in grades 6 through 12 to make informed plans and decisions about their future education and career goals, including possible participation in a career and technical education pathway, by providing students with opportunities to explore a wide variety of high-skill, high-wage, and in-demand career fields. (b) Subject to subsection (c) of this Section, the school district shall become an eligible school district and award College and Career Pathway Endorsements pursuant to the Postsecondary and Workforce Readiness Act and pursuant to the following schedule: (1) for the high school graduating class of 2026, the | ||
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(2) for the high school graduating class of 2028, the | ||
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(3) for the high school graduating class of 2030, the | ||
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(c) The board may, by action of the board, opt out of implementation of all or any part of this Section through adoption of a set of findings that considers the following: (1) the school district's current systems for college | ||
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(2) the school district's cost of implementation | ||
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(3) the willingness and capacity of local businesses | ||
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(4) the availability of a statewide database of | ||
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(5) the availability of properly licensed teachers or | ||
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The school district must report its board findings and decision on implementation to the State Board of Education. If the school district elects to opt out of implementation, the district may reverse its decision in whole or in part at any time. (d) The State Board of Education may adopt any rules necessary to implement this Section.
(Source: P.A. 102-917, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-18.81) Sec. 34-18.81. Pilot program for remote learning for students in the custody of the Department of Corrections. The board may offer the option of remote learning to allow a student who is in the custody of the Department of Corrections to successfully complete the course requirements necessary to graduate from high school and receive a high school diploma. The school district may offer a remote learning option to a student if the student: (1) is enrolled at Consuella B. York Alternative High | ||
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(2) is within 2 school years of completing all of the | ||
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The Department of Corrections educators and security staff shall be involved in assisting and supervising students participating in the pilot program. The Department of Corrections shall negotiate with all bargaining units involved to ensure that the implementation of the pilot program is consistent with collective bargaining agreements. The school district may continue to offer the option of remote learning to the student for up to one school year following the student's release from the custody of the Department of Corrections to allow the student to complete any remaining course requirements necessary to graduate from high school and receive a high school diploma. The establishment of the pilot program described in this Section is contingent upon there being provided to the Department of Corrections sufficient appropriations to implement and administer the program.
(Source: P.A. 102-966, eff. 5-27-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-18.82) (Text of Section from P.A. 103-128) Sec. 34-18.82. Trauma kit; trauma response training. (a) In this Section, "trauma kit" means a first aid response kit that contains, at a minimum, all of the following: (1) One tourniquet endorsed by the Committee on | ||
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(2) One compression bandage. (3) One hemostatic bleeding control dressing endorsed | ||
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(4) Protective gloves and a marker. (5) Scissors. (6) Instructional documents developed by the Stop the | ||
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(7) Any other medical materials or equipment similar | ||
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(b) The school district may maintain an on-site trauma kit at each school for bleeding emergencies. (c) Products purchased for the trauma kit, including those products endorsed by the Committee on Tactical Combat Casualty Care, shall, whenever possible, be manufactured in the United States. (d) At least once every 2 years, the board shall conduct in-service training for all school district employees on the methods to respond to trauma. The training must include instruction on how to respond to an incident involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. The board may satisfy the training requirements under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization. School district employees who are trained to respond to trauma pursuant to this subsection (d) shall be immune from civil liability in the use of a trauma kit unless the action constitutes willful or wanton misconduct.
(Source: P.A. 103-128, eff. 6-30-23.) (Text of Section from P.A. 103-157) Sec. 34-18.82. Subsequent teaching endorsements for employees. (a) Subsequent teaching endorsements may be granted to employees licensed under Article 21B of this Code for specific content areas and grade levels as part of a pilot program. (b) The school district is authorized to prepare educators for subsequent teaching endorsements on licenses issued under paragraph (1) of Section 21B-20 of this Code to applicants who meet all of the requirements for the endorsement or endorsements, including passing any required content area knowledge tests. If seeking to provide subsequent endorsements, the school district must establish professional development sequences to be offered instead of coursework required for issuance of the subsequent endorsement and must apply for approval of these professional development sequences by the State Board of Education, in collaboration with the State Educator Preparation and Licensure Board. The professional development sequences under this Section shall include a comprehensive review of relevant State learning standards, the applicable State content-test framework, and, if applicable, relevant educator preparation standards. (c) The State Board of Education shall adopt any rules necessary to implement this Section no later than June 30, 2024.
(Source: P.A. 103-157, eff. 6-30-23.) (Text of Section from P.A. 103-393) Sec. 34-18.82. Community input on local assessments. (a) As used in this Section, "district-administered assessment" means an assessment that requires all student test takers at any grade level to answer the same questions, or a selection of questions from a common bank of questions, in the same manner or substantially the same questions in the same manner. The term does not include an observational assessment tool used to satisfy the requirements of Section 2-3.64a-10 of this Code or an assessment developed by district teachers or administrators that will be used to measure student progress at an attendance center within the school district. (b) Prior to approving a new contract for any district-administered assessment, the board must hold a public vote at a regular meeting of the board, at which the terms of the proposal must be substantially presented and an opportunity for allowing public comments must be provided, subject to applicable notice requirements. However, if the assessment being made available to review is subject to copyright, trademark, or other intellectual property protection, the review process shall include technical and procedural safeguards to ensure that the materials are not able to be widely disseminated to the general public in violation of the intellectual property rights of the publisher and to ensure content validity is not undermined.
(Source: P.A. 103-393, eff. 7-1-24.) |
(105 ILCS 5/34-18.85) Sec. 34-18.85. Chicago Board of Education Black Student Achievement Committee. (a) The Chicago Board of Education Black Student Achievement Committee is created to be a standing committee of the Board with the purpose of providing Black students with the maximum opportunity for success in areas where research shows that there has been chronic underperformance of African American students during their elementary and secondary education experience. (b) The Chicago Board of Education Black Student Achievement Committee shall be chaired by a member of the Board and shall be composed of individuals appointed by the President of the Board to help the Board shape educational policies and to: (1) develop strategies and recommendations for Black | ||
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(2) use data to conduct an evidence-based needs | ||
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(3) develop a strategic management plan to identify | ||
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(4) identify and track metrics and key performance | ||
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(5) prepare and provide regular progress reports to | ||
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(c) The Committee's membership shall be diverse in terms of skills and geography.
(Source: P.A. 103-584, eff. 3-18-24.) |
(105 ILCS 5/34-18.86) Sec. 34-18.86. Committees and advisory boards concerning disparities and individualized needs. The Board may establish committees or advisory boards to seek guidance on addressing disparities or individualized needs.
(Source: P.A. 103-584, eff. 3-18-24.) |
(105 ILCS 5/34-19) (from Ch. 122, par. 34-19) Sec. 34-19. By-laws, rules and regulations; business transacted at
regular meetings; voting; records. The board shall, subject to the limitations
in this Article, establish by-laws, rules and regulations, which shall have the
force of ordinances, for the proper maintenance of a uniform system of
discipline for both employees and pupils, and for the entire management of the
schools, and may fix the school age of pupils, the minimum of which in
kindergartens shall not be under 4 years, except that, based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain the age of 6 years on or before December 31 of the year of the 2009-2010 school term and each school term thereafter may attend first grade upon commencement of such term, and in grade schools shall not be
under 6 years. It may expel, suspend or, subject to the limitations of all
policies established or adopted under Section 10-22.6 or 14-8.05, otherwise discipline any
pupil found guilty of gross disobedience, misconduct, or other violation of the
by-laws, rules, and regulations, including gross disobedience or misconduct perpetuated by electronic means. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. The bylaws, rules and regulations of the board
shall be enacted, money shall be appropriated or expended, salaries shall be
fixed or changed, and textbooks, electronic textbooks, and courses of instruction shall be adopted or
changed only at the regular meetings of the board and by a vote of a
majority of the full membership of the board; provided that
notwithstanding any other provision of this Article or the School Code,
neither the board or any local school council may purchase any textbook for use in any public school of the
district from any textbook publisher that fails to furnish any computer
diskettes as required under Section 28-21. Funds appropriated for textbook purchases must be available for electronic textbook purchases and the technological equipment necessary to gain access to and use electronic textbooks at the local school council's discretion. The board shall be further
encouraged to provide opportunities for public hearing and testimony before
the adoption of bylaws, rules and regulations. Upon all propositions
requiring for their adoption at least a majority of all the members of the
board the yeas and nays shall be taken and reported. The by-laws, rules and
regulations of the board shall not be repealed, amended or added to, except
by a vote of 2/3 of the full membership of the board. The board shall keep
a record of all its proceedings. Such records and all
by-laws, rules and regulations, or parts thereof, may be proved by a copy
thereof certified to be such by the secretary of the board, but if they are
printed in book or pamphlet form which are purported to be published by
authority of the board they need not be otherwise published and the book or
pamphlet shall be received as evidence, without further proof, of the
records, by-laws, rules and regulations, or any part thereof, as of the
dates thereof as shown in such book or pamphlet, in all courts and places
where judicial proceedings are had. Notwithstanding any other provision in this Article or in the School
Code, the board may delegate to the general superintendent or to the
attorney the authorities granted to the board in the School Code, provided
such delegation and appropriate oversight procedures are made pursuant to
board by-laws, rules and regulations, adopted as herein provided, except that
the board may not delegate its authorities and responsibilities regarding (1)
budget approval obligations; (2) rule-making functions; (3) desegregation
obligations; (4) real estate acquisition, sale or lease in excess of 10 years
as provided in Section 34-21; (5) the levy of taxes; or (6) any mandates
imposed upon the board by "An Act in relation to school reform in cities over
500,000, amending Acts herein named", approved December 12, 1988 (P.A.
85-1418).(Source: P.A. 99-456, eff. 9-15-16.) |
(105 ILCS 5/34-19.1) (from Ch. 122, par. 34-19.1)
Sec. 34-19.1.
Comment at meetings.
At each regular and special meeting
which is open to the public, members of the public and employees of the
district shall be afforded time, subject to reasonable constraints, to
comment to or ask questions of the board.
(Source: P.A. 84-1308.)
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(105 ILCS 5/34-19.2) (from Ch. 122, par. 34-19.2)
Sec. 34-19.2.
Mailing list.
To establish and maintain
a mailing list of the names and addresses of persons who each year request
inclusion thereon, and to mail to those persons copies of board agenda,
school budgets, audits, and within 10 days of each board meeting, a copy
of the approved meeting minutes. Annual subscription fees approximating
the costs of reproducing and mailing the materials may be charged to the
subscribers at the beginning of the subscription period.
(Source: P.A. 83-1362.)
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(105 ILCS 5/34-20) (from Ch. 122, par. 34-20)
Sec. 34-20.
Acquisition of real estate-Condemnation proceedings-Title-Conveyances.
The board may acquire by purchase, condemnation or otherwise, real
estate for any school purposes. Condemnation proceedings shall be conducted
in the name of the city, in trust for the use of schools. The title to all
real estate held for the use and benefit of the schools shall be held in
the name of the city, in trust for the use of schools. All conveyances of
real estate shall be made to the city in trust for the use of schools.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-20.1) (from Ch. 122, par. 34-20.1)
Sec. 34-20.1.
Limitation on use for school purposes.
Notwithstanding
any other provisions of this Article or this Act, no building or other
structure owned by the Board of Education, or by the City as trustee for
the use and benefit of the schools, which the
Chicago Park District has occupied, and which at any time prior
to such occupancy by the Chicago Park District was used as a public
school house or other public
school building of any attendance center within the school district, shall
at any time be again used by the Board as a public school house or other
public school building.
However, the Board of Education shall have the authority to make and
enter into a lease or other agreement with the Chicago Park District
providing for their joint use of a public school house or other public
school building of any attendance center if such facility contains more
than 10 classrooms. For purposes of this Section, "joint use" shall
include but not be limited to shared use by the Board and the Chicago Park
District during daytime hours.
(Source: P.A. 85-1146.)
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(105 ILCS 5/34-21) (from Ch. 122, par. 34-21)
Sec. 34-21.
Rentals and leases - Sale of real estate - Engagement of
real estate broker - Indirect and participating ownership interest -
Conveyance, payment and disclosure.
(a) The board may:
(1) enter into leases as lessee of buildings, rooms | ||
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(2) enter into leases as lessor of property held by a | ||
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(b) The board may sell real estate, or interest therein, held by a city
in trust for the use and benefit of the schools subject to the provisions
of this Section and approval by the board ordered by a vote of not less
than 2/3 of its full membership, if the board determines (i) that such real
estate has become unnecessary, unsuitable or inconvenient for the use of
schools or for the purpose of school administration, (ii) that
such real estate has become inappropriate or
unprofitable for the purpose of deriving revenue to support the board's
authorized purposes, or (iii) that, in the reasonable judgment of the
board, a sale would constitute the best available use or disposition of
such real estate for the purpose of deriving revenue to support the board's
authorized purposes.
(1) Any sale of such real estate having a fair market | ||
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(A) Notice of intended sale shall be published | ||
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(B) The first such notice shall be published not | ||
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(C) The notice shall contain pertinent | ||
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(D) The board may:
(i) accept the highest responsible bid | ||
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(ii) reject any and all bids; or
(iii) if there is more than one responsible | ||
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The board may receive consideration for the sale of | ||
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(2) Any sale of such real estate having a fair market | ||
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(3) Any sale of such real estate having a fair market | ||
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(c) The board may engage the services of a licensed real estate broker
at a fair and reasonable commission in any case involving the sale or lease
of real estate when by resolution the board determines such services to
be in the best interest of the board; provided, however, that the commission
to be paid may not exceed in the case of sale 7% of the sale price, and in
the case of lease 7% of the first year's rent and 2% of the base rent of
each lease year thereafter not to exceed 4 years. The above stated maximum
ceilings on commissions may be raised by not less than a 3/4 vote of the
board's full membership. Payment of the commission shall be contingent
upon conveyance in accordance with the provisions of this Section and within
a reasonable period of time thereafter as determined by the board at the
time of the engagement of the real estate broker.
(d) (1) Conveyance of real estate held in trust by the city for the use
and benefit of schools shall be by action of the city council in its capacity
as trustee upon notice by the board pursuant to resolution that a sale of
real estate, or interest therein, has been made in accordance with the
provisions of this Section.
(2) Payment in consideration of a transfer of real estate, or interest
therein, may be accepted by the board in cash, a combination of cash and
securities or in another form described in subsections (a) or
(b) of this Section. In any case where an instrument is accepted as part
payment, the debt shall be adequately secured by mortgage, trust deed, or if by
contract by retention of title, on the property transferred and any such
security interest shall not be released until the debt is fully paid. Payments
made after the date of sale shall include interest on the outstanding balance
computed from the date of sale to the date of payment at rates to be determined
by the board.
(3) The board may not consummate any transaction involving the transfer
of real estate, or interest therein, provided for in this Section in which
there may be an undisclosed principal. Any conveyance of title or other
interest in real estate in violation hereof shall be void and any consideration
received by the board prior to the discovery of such violation shall be
retained as liquidated damages.
(Source: P.A. 87-1168.)
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(105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
Sec. 34-21.1. Additional powers. In addition to other powers and
authority now possessed by it, the board shall have power:
(1) To lease from any public building commission | ||
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(2) To pay for the use of this leased property in | ||
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(3) Such lease may be entered into without making a | ||
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(4) In addition, the board may undertake, either in | ||
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(5) To enter into agreements, including lease and | ||
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(6) To make payments on a lease or lease purchase | ||
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(7) To purchase the interests of an individual, | ||
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(8) Subject to the provisions of subparagraph (9) of | ||
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(9) Notwithstanding the provisions of subparagraph | ||
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(Source: P.A. 100-399, eff. 1-1-18.)
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(105 ILCS 5/34-21.2) (from Ch. 122, par. 34-21.2)
Sec. 34-21.2.
Playgrounds.
The board shall take control and management of all public playgrounds
owned or acquired by the city which are adjacent to or connected with
any public school in the city and may equip, maintain and operate
them
for the moral, intellectual and physical welfare of the children and
persons using them. The title to all lands occupied as such playgrounds
shall vest in and be held by such city in trust for the use of schools.
Nothing herein shall prevent the city from owning and operating parks,
bathing beaches, municipal piers and athletic fields as provided by law.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
Sec. 34-21.3. Contracts. The board shall by record vote let all
contracts (other than those excepted
by Section 10-20.21 of this Code) for supplies, materials,
or work and contracts with private carriers for transportation
of pupils involving an expenditure in excess of $35,000 or a lower amount as required by board policy by competitive
bidding as provided in Section 10-20.21 of this Code.
The board may delegate to the general superintendent of schools, by
resolution, the authority to approve contracts in amounts of $35,000 or
less.
For a period of one year from and after the expiration or other termination
of his or her term of office as a member of the board: (i) the former board
member shall not be eligible for employment nor be employed by the board, a
local school council, an attendance center, or any other
subdivision or agent of the board or the school district governed by the board,
and (ii) neither the board nor the chief purchasing officer shall let or
delegate
authority to let any contract for
services, employment, or other work to the former board member or to any
corporation,
partnership, association, sole proprietorship, or other entity other than
publicly traded companies from which the
former board member receives an annual income, dividends, or other compensation
in excess of $1,500. Any contract that is entered into by or under a
delegation of authority from the board or the chief purchasing officer shall
contain a
provision stating that
the contract is not legally binding on the board if entered into in violation
of the provisions of this paragraph.
In addition, the State Board of Education, in consultation with the board,
shall (i) review existing conflict of interest and disclosure laws or
regulations that are applicable to the executive officers and governing boards
of school districts organized under this Article and school districts
generally, (ii) determine what additional disclosure and conflict of interest
provisions would enhance the reputation and fiscal integrity of the board and
the procedure under which contracts for goods and services are let, and (iii)
develop appropriate reporting forms and procedures applicable to the executive
officers, governing board, and other officials of the school district.
(Source: P.A. 103-8, eff. 1-1-24.)
|
(105 ILCS 5/34-21.4)
Sec. 34-21.4. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 101-149, eff. 7-26-19.)
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(105 ILCS 5/34-21.5)
Sec. 34-21.5. (Repealed).
(Source: P.A. 81-1221. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-21.6) (from Ch. 122, par. 34-21.6)
Sec. 34-21.6. Waiver of fees and fines. (a) The board shall waive all fees and any fines for the loss of school property assessed by the district
on children whose parents are unable to afford them, including but not limited
to: (1) children living in households that meet the free | ||
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(2) homeless children and youths as defined in | ||
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Notice of waiver availability shall be given to parents or guardians with every bill for fees or fines. The board shall develop written
policies and procedures implementing this Section in accordance with
regulations promulgated by the State Board of Education.
(b) If the board participates in a federally funded, school-based child nutrition program and uses a student's application for, eligibility for, or participation in the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 245 et seq.) as the basis for waiving fees assessed by the district, then the board must follow the verification requirements of the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 CFR 245.6a). If the board establishes a process for the determination of eligibility for waiver of all fees assessed by the district that is completely independent of the criteria listed in subsection (b), the board may provide for waiver verification no more often than once every academic year. Information obtained during the independent waiver verification process indicating that the student does not meet free lunch or breakfast eligibility guidelines may be used to deny the waiver of the student's fees or fines for the loss of school property, provided that any information obtained through this independent process for determining or verifying eligibility for fee waivers shall not be used to determine or verify eligibility for any federally funded, school-based child nutrition program. This subsection shall not preclude children from obtaining waivers at any point during the academic year. (Source: P.A. 102-805, eff. 1-1-23; 102-1032, eff. 5-27-22; 103-154, eff. 6-30-23.) |
(105 ILCS 5/34-21.7)
Sec. 34-21.7.
Racial reports.
Beginning July 1, 1994, all forms used by
school boards and school districts to collect information within racial
categories and all reports used to present information within racial categories
shall include a "Multiracial" category, if such information is collected and
reported for State or local purposes only.
(Source: P.A. 88-71; 88-670, eff. 12-2-94.)
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(105 ILCS 5/34-21.8) Sec. 34-21.8. Chicago public schools violence prevention hotline. (a) In consultation with the Chicago Police Department, the Board must establish a hotline for the purpose of receiving anonymous phone calls for information that may prevent violence. (b) Calls that are placed to the hotline must be answered by the Chicago Police Department. (c) Each call placed to the hotline must be recorded and investigated by the Chicago Police Department. (d) Prior to receiving any information, notice must be provided to the caller that the call is being recorded for investigation by the Chicago Police Department. The notice may be provided by a pre-recorded message or otherwise. (e) The hotline shall be known as the "CPS Violence Prevention Hotline" and its number and anonymous nature must be posted in all Chicago Public Schools.
(Source: P.A. 96-1425, eff. 1-1-11.) |
(105 ILCS 5/34-21.9) Sec. 34-21.9. Modification of athletic or team uniform permitted. (a) The board must allow a student athlete to modify his or her athletic or team uniform due to the observance of modesty in clothing or attire in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform, the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the board for such modification. However, nothing in this Section prohibits a school from providing the modification to the student. (b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear: (1) is black, white, the predominant color of the | ||
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(2) does not cover any part of the face; (3) is not dangerous to the player or to the other | ||
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(4) has no opening or closing elements around the | ||
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(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.) |
(105 ILCS 5/34-21.10) Sec. 34-21.10. Creation of districts and subdistricts; reapportionment of subdistricts. (a) For purposes of the election of Chicago Board of Education members under subsection (b-15) of Section 34-3, the General Assembly shall subdivide the City of Chicago into 10 electoral districts for the 2024 general election, and it shall divide each of those districts into 2 subdistricts. The subdistricts must be drawn on or before April 1, 2024 and must be compact, contiguous, and substantially equal in population and consistent with the Illinois Voting Rights Act. (b) In the year following each decennial census, the General Assembly shall redistrict the subdistricts to reflect the results of the decennial census consistent with the requirements in subsection (a). The reapportionment plan shall be completed and formally approved by the General Assembly not less than 90 days before the last date established by law for the filing of nominating petitions for the second school board election after the decennial census year. If by reapportionment a member of the Board no longer resides within the subdistrict from which the member was elected, the member shall continue to serve in office until the expiration of the member's regular term. All new members shall be elected from the subdistricts as reapportioned. (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 103-467, eff. 8-4-23; 103-584, eff. 3-18-24.) |
(105 ILCS 5/prec. Sec. 34-22 heading)
BONDS AND TAX ANTICIPATION WARRANTS
|
(105 ILCS 5/34-22) (from Ch. 122, par. 34-22)
Sec. 34-22.
Buildings.
The board may erect, purchase or otherwise acquire
buildings suitable for school houses, for school administration, and for
deriving revenues from school lands, erect temporary school structures, erect
additions to, repair, rehabilitate and replace existing school buildings and
temporary school structures and may furnish and equip school buildings and
temporary school structures and may purchase or otherwise acquire and improve
sites therefor, the furnishing and equipping to include but not be limited to
furniture, libraries, apparatus, building and architectural supplies, fixtures
generally used in school buildings, including but not limited to heating and
ventilating systems, mechanical equipment, seats and desks, blackboards, window
shades and curtains, gymnasium and recreation apparatus and equipment,
auditorium and lunchroom equipment, and all items incidental thereto. The board
may use the proceeds of the sale of common school lands or any income from
investments of such proceeds in its treasury for any authorized purpose
and may deposit the proceeds into any district fund.
In erecting, purchasing or otherwise acquiring buildings for school
purposes, the board shall not do so in such a manner as to promote
segregation and separation of children in public schools because of
color, race or nationality.
(Source: P.A. 88-670, eff. 12-2-94.)
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(105 ILCS 5/34-22.1) (from Ch. 122, par. 34-22.1)
Sec. 34-22.1.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating and
replacing existing school buildings and temporary school structures, and
furnishing and equipping school buildings and temporary school
structures, and purchasing or otherwise acquiring and improving sites
for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000. Provided, however, that not more than 25% of the aggregate
amount of said bonds shall be issued in any calendar year. The bonds
shall bear interest at the rate of not more than the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, and shall
mature within not to exceed 20 years from their date, and may be made
callable on any interest payment date at par and accrued interest, after
notice has been given, at the time and in the manner provided in the
bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election in
accordance with the general election law and
approved by a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
question at such an election and certify the resolution and the proposition
to the proper election authorities. In addition
to the requirements of the general election law the notice of the referendum
shall contain the amount of the bond
issue, maximum rate of interest and purpose for which issued.
This notice shall be published in accordance with the general election
law.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$..... be issued by the board ofeducation of the City of.... forthe purpose of erecting, purchasing,or otherwise acquiring buildings YESsuitable for school houses, erectingtemporary school structures,erecting additions to, repairing,rehabilitating and replacing existing school buildings and temporaryschool structures, and furnishing andequipping school buildings andtemporary school structures, and NOpurchasing or otherwise acquiring andimproving sites for such purposes,bearing interest at the rate of notto exceed the maximum rate authorizedby the Bond Authorization Act, as amendedat the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold upon such
terms as may be approved by the board by the city comptroller (or city
clerk if there be no comptroller) after advertisement for bids as
ordered by and under the direction of the board, and the proceeds
thereof shall be received by the city treasurer, as school treasurer,
and expended by the board for the purposes provided in the bond
resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
|
(105 ILCS 5/34-22.2) (from Ch. 122, par. 34-22.2)
Sec. 34-22.2.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating and
replacing existing school buildings and temporary school structures, and
furnishing and equipping school buildings and temporary school
structures, and purchasing or otherwise acquiring and improving sites
for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000 in addition to the bonds authorized under Section 34-22.1.
The bonds shall bear interest at the rate of not more than the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract,
and shall mature within not to exceed 20 years from their date, and may
be made callable on any interest payment date at par and accrued
interest, after notice has been given, at the time and in the manner
provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and
approved by a majority of the electors voting upon that question. The
board shall adopt a resolution providing for submitting said proposition at
such an election and certify the resolution and proposition to the proper
election authorities for submission to the electors in accordance with the
general election law. In addition to the requirements
of the general election law the notice of the referendum shall contain
the amount of
the bond issue, maximum
rate of interest and purpose for which issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$..... be issued by the board ofeducation of the City of.... for thepurpose of erecting, purchasing,or otherwise acquiring buildings YESsuitable for school houses, erectingtemporary school structures,erecting additions to, repairing,rehabilitating and replacing existing school buildings and temporaryschool structures, and furnishing andequipping school buildings andtemporary school structures, and NOpurchasing or otherwise acquiring andimproving sites for such purposes,bearing interest at the rate of notto exceed the maximum rate authorizedby the Bond Authorization Act, as amendedat the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to an exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
|
(105 ILCS 5/34-22.3) (from Ch. 122, par. 34-22.3)
Sec. 34-22.3.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating and
replacing existing school buildings and temporary school structures, and
furnishing and equipping school buildings and temporary school
structures, and purchasing or otherwise acquiring and improving sites
for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000 in addition to the bonds authorized under Sections 34-22.1
and 34-22.2. The bonds shall bear interest at the rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and shall mature
within not to exceed
20 years from their
date, and may be made callable on any interest payment date at par and
accrued interest, after notice has been given, at the time and in the
manner provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and
approved by a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
question at such an election and shall certify the resolution and the
proposition to the proper election authorities for submission to the electors
in accordance with the general election law. In
addition to the requirements of the general election law the notice of
the referendum shall contain the amount of the bond issue, maximum rate
of interest and purpose
for which issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$...... be issued by the board ofeducation of the City of.... forthe purpose of erecting, purchasing,or otherwise acquiring buildings YESsuitable for school houses, erectingtemporary school structures,erecting additions to, repairing,rehabilitating and replacing existing school buildings and temporaryschool structures, and furnishing andequipping school buildings andtemporary school structures, and NOpurchasing or otherwise acquiring andimproving sites for such purposes,bearing interest at the rate of notto exceed the maximum rate authorizedby the Bond Authorization Act, as amendedat the time of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
|
(105 ILCS 5/34-22.4) (from Ch. 122, par. 34-22.4)
Sec. 34-22.4.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating,
modernizing and replacing existing school buildings and temporary school
structures, and furnishing and equipping school buildings and temporary
school structures, and purchasing or otherwise acquiring and improving
sites for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$50,000,000 in addition to the bonds authorized under Sections 34-22.1,
34-22.2, and 34-22.3. The bonds shall bear interest at the rate of not
more than the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, and shall
mature within not to exceed 20 years
from their date, and may be made callable on any interest payment date
at par and accrued interest, after notice has been given, at the time
and in the manner provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and approved by
a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
question at such an election and shall certify the resolution and the
proposition to the proper election authorities for submission in accordance
with the general election law. In addition to
the requirements of the general election law the notice of the referendum
shall contain the
amount of the bond issue, maximum rate of interest and purpose for which issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$...... be issued by the board ofeducation of the City of .... forthe purpose of erecting, purchasing,or otherwise acquiring buildings YESsuitable for school houses, erectingtemporary school structures,erecting additions to, repairing,rehabilitating, modernizing and replacing existing school buildingsand temporary school structures,and furnishing and equipping schoolbuildings and temporary school NOstructures, and purchasing or otherwiseacquiring and improving sites forsuch purposes, bearing interest at therate of not to exceed the maximum rateauthorized by the Bond Authorization Act,as amended at the time of the making ofthe contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board of such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The ordinance shall be in force upon its passage.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
|
(105 ILCS 5/34-22.5) (from Ch. 122, par. 34-22.5)
Sec. 34-22.5.
Issuance of bonds.
For the purpose of erecting, purchasing, or otherwise acquiring
buildings suitable for school houses, erecting temporary school
structures, erecting additions to, repairing, rehabilitating,
modernizing and replacing existing school buildings and temporary school
structures, and furnishing and equipping school buildings and temporary
school structures, and purchasing or otherwise acquiring and improving
sites for such purposes, the board, with the consent of the city council
expressed by ordinance, may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
Twenty-five Million Dollars ($25,000,000) in addition to the bonds
authorized under Sections 34-22.1, 34-22.2, 34-22.3, and 34-22.4.
The bonds shall bear interest at the rate of not more than the maximum
rate authorized by the Bond Authorization Act, as amended at the time of
the making of the contract, and shall mature within not to exceed twenty years
from their date, and may be made callable on any interest payment date at par
and accrued interest, after notice has been given, at the time and in the
manner provided in the bond resolution.
These bonds shall not be issued until the question of authorizing
such bonds has been submitted to the electors of the city constituting
said school district at a regular scheduled election and
approved by a majority of the electors voting upon that question.
The board shall adopt a resolution providing for submitting said
proposition at such an election and certify the resolution
and the proposition to the proper election authorities for submission in
accordance with the general election law. In addition
to the requirements of the general election law the notice of the referendum
shall contain the
amount of the bond issue, maximum rate of interest and purpose for which
issued.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$...... be issued by the board ofeducation of the City of.... forthe purpose of erecting, purchasing,or otherwise acquiring buildings YESsuitable for school houses, erectingtemporary school structures,erecting additions to, repairing,rehabilitating, modernizing and replacing existing school buildingsand temporary school structures,and furnishing and equipping schoolbuildings and temporary school NOstructures, and purchasing or otherwiseacquiring and improving sites for suchpurposes, bearing interest at therate of not to exceed the maximum rateauthorized by the Bond Authorization Act,as amended at the time of the making ofthe contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized, the
city council of such city, upon the demand and under the direction of
the board shall, by ordinance, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board or such city council is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The ordinance shall be in force upon its passage.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
|
(105 ILCS 5/34-22.6) (from Ch. 122, par. 34-22.6)
Sec. 34-22.6.
Issuance of bonds.
For the purpose of erecting,
purchasing, or otherwise acquiring buildings suitable for school houses,
erecting temporary school structures, erecting additions to, repairing,
rehabilitating, modernizing and replacing existing school buildings and
temporary school structures, and furnishing and equipping school buildings
and temporary school structures, and purchasing or otherwise acquiring and
improving sites for such purposes, the board may incur an indebtedness and
issue bonds therefor in an amount or amounts not to exceed in the aggregate
$150,000,000 in addition to the bonds authorized under
Sections 34-22.1, 34-22.2, 34-22.3, 34-22.4, 34-22.5 and 34-22.7.
Bonds authorized under this Section may also be issued for the purposes
of paying interest on such bonds, establishing reserves to secure such
bonds and paying the costs of issuance of such bonds.
In connection with the issuance of its bonds, the board may enter into
arrangements to provide additional security and liquidity for the bonds.
These may include, without limitation, municipal bond insurance, letters of
credit, lines of credit by which the board may borrow funds to pay or
redeem its bonds and purchase or remarketing arrangements for assuring the
ability of owners of the board's bonds to sell or to have redeemed their
bonds. The board may enter into contracts and may agree to pay fees to
persons providing such arrangements, including from bond proceeds but only
under circumstances in which the total interest paid or to be paid on the
bonds, together with the fees for the arrangements (being treated as if
interest), would not, taken together, cause the bonds to bear interest,
calculated to their absolute maturity, at a rate in excess of the maximum
rate allowed by law.
The resolution of the board authorizing the issuance of its bonds may
provide that interest rates may vary from time to time depending upon
criteria established by the board, which may include, without limitation, a
variation in interest rates as may be necessary to cause bonds to be
remarketable from time to time at a price equal to their principal amount,
and may provide for appointment of a national banking
association, bank, trust company, investment banker or other financial
institution to serve as a remarketing agent in that connection. The
resolution of the board authorizing the issuance of its bonds
may provide that alternative interest rates or provisions will apply during
such times as the bonds are held by a person providing a letter of credit
or other credit enhancement arrangement for those bonds.
The Board may use proceeds of the sale of bonds authorized
under this Section to pay the cost of obtaining such municipal bond
insurance, letter of credit or other credit facilities. Bonds may also be
issued under this Section to pay the cost of refunding any bonds issued
under this Section, including prior to their maturity.
The bonds shall bear interest at a rate or rates not to exceed the
maximum annual rate provided for in Section 2 of "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended, and if issued
at such maximum annual rate shall be sold for not less than par and accrued
interest. If any of the bonds are issued to bear interest at a rate of
less than such maximum annual rate the minimum price at which they may be
sold shall be such that the interest cost to the board on the proceeds of
the bonds shall not exceed such maximum annual rate computed to stated
maturity according to standard tables of bond values.
Whenever the board desires to issue bonds as authorized in this Section, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds proposed
to be issued, the maturity or maturities thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal,
whether due at maturity or upon sinking fund installment dates, of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and the comptroller (or city clerk
if there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds authorized in this Section,
the board shall provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity, or
upon sinking fund installment dates, and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such ordinance,
it shall be the duty of such county clerk to extend the tax therein
provided for, including an amount to cover loss and cost of collecting
said taxes and also deferred collections thereof and abatements in the
amounts of such taxes as extended upon the collector's books. The
ordinance shall be in force upon its passage.
(Source: P.A. 85-1418; 86-1477.)
|
(105 ILCS 5/34-22.7) (from Ch. 122, par. 34-22.7)
Sec. 34-22.7.
For the sole purpose of rehabilitating and accomplishing
the deferred maintenance of present school buildings the board, with the
consent of the city council expressed by ordinance, may incur an
indebtedness and issue bonds therefor without referendum in an amount or
amounts not to exceed in the aggregate $330,000,000. The bonds shall bear
interest at a rate of not more than the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
and shall mature within not to exceed 20 years from their date, and may be
made callable on any interest payment date at par and accrued interest,
after notice has been given, at the time and in the manner provided in the
bond resolution.
Whenever the board desires to issue bonds as authorized in this Section, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board and countersigned by the mayor and comptroller (or city clerk if
there be no comptroller) of the city. They shall be sold by the city
comptroller (or city clerk if there be no comptroller) upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purpose provided in the bond resolution.
Before or at the time of issuing any bonds herein authorized,
the board shall provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
ordinance, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The ordinance shall be in force upon its passage.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General Assembly
(i) that the Omnibus Bond Acts are and always have been supplementary grants
of power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii) that the provisions of this
Section are not a limitation on the supplementary authority granted by the
Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-4; 86-1477.)
|
(105 ILCS 5/34-22.8)
Sec. 34-22.8. (Repealed).
(Source: P.A. 78-200. Repealed by P.A. 94-1105, eff. 6-1-07.)
|
(105 ILCS 5/34-22.9) (from Ch. 122, par. 34-22.9)
Sec. 34-22.9.
Termination of authority to issue
bonds for rehabilitation and deferred maintenance of school buildings.
Effective July 1, 1984, the board shall not subsequently issue any bonds
therefor as provided by and authorized under Section 34-22.7; provided,
however, that nothing contained herein shall effect the validity of any
obligations of the board lawfully incurred, pursuant to authorization
granted by that Section, and existing on or prior to July 1, 1984. All
such obligations shall be discharged as provided pursuant to that
authorization and the extension for collection of taxes of the board,
pursuant to levies made in accordance with that authorization, shall in no
way be impaired or restricted.
(Source: P.A. 83-1270.)
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(105 ILCS 5/34-22.10) (from Ch. 122, par. 34-22.10)
Sec. 34-22.10.
Issuance of bonds.
For the sole purpose of purchasing or otherwise acquiring
school buildings and related property and facilities for an agricultural
science school pursuant to an agreement entered into pursuant to
subparagraph (7) of Section 34-21.1,
the board may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate $20,000,000
in addition to the bonds authorized under
Sections 34-22.1, 34-22.2, 34-22.3, 34-22.4, 34-22.5, 34-22.6 and 34-22.7.
Bonds authorized under this Section may also be issued for the purposes
of paying interest on such bonds, establishing reserves to secure such
bonds and paying the costs of issuance of such bonds.
In connection with the issuance of its bonds, the board may enter into
arrangements to provide additional security and liquidity for the bonds.
These may include, without limitation, municipal bond insurance, letters of
credit, lines of credit by which the board may borrow funds to pay or
redeem its bonds and purchase or remarketing arrangements for assuring the
ability of owners of the board's bonds to sell or to have redeemed their
bonds. The board may enter into contracts and may agree to pay fees to
persons providing such arrangements, including from bond proceeds but only
under circumstances in which the total interest paid or to be paid on the
bonds, together with the fees for the arrangements (being treated as if
interest), would not, taken together, cause the bonds to bear interest,
calculated to their absolute maturity, at a rate in excess of the maximum
rate allowed by law.
The Board may use proceeds of the sale of bonds authorized
under this Section to pay the cost of obtaining such municipal bond
insurance, letter of credit or other credit facilities. Bonds may also be
issued under this Section to pay the cost of refunding any bonds issued
under this Section,
including prior to their maturity.
The bonds shall bear interest at a rate or rates not to exceed the
maximum annual rate provided for in Section 2 of "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended, and if issued
at such maximum annual rate shall be sold for not less than par and accrued
interest. If any of the bonds are issued to bear interest at a rate of
less than such maximum annual rate the minimum price at which they may be
sold shall be such that the interest cost to the board on the proceeds of
the bonds shall not exceed such maximum annual rate computed to stated
maturity according to standard tables of bond values.
The resolution of the board authorizing the issuance of its bonds may
provide that interest rates may vary from time to time depending upon
criteria established by the board, which may include, without limitation, a
variation in interest rates as may be necessary to cause bonds to be
remarketable from time to time at a price equal to their principal amount,
and may provide for appointment of a national banking
association, bank, trust company, investment banker or other financial
institution to serve as a remarketing agent in that connection. The
resolution of the board authorizing the issuance of its bonds
may provide that alternative interest rates or provisions will apply during
such times as the bonds are held by a person providing a letter of credit
or other credit enhancement arrangement for those bonds.
Whenever the board desires to issue bonds as authorized in this Section, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds proposed
to be issued, the maturity or maturities thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal,
whether due at maturity or upon sinking fund installment dates, of such bonds.
Said bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board. They shall be sold upon such terms
as may be approved by the board after advertisement for bids as ordered
by and under the direction of the board, and the proceeds thereof shall
be received by the city treasurer, as school treasurer, and expended by
the board for the purposes provided in the bond resolution.
Before or at the time of issuing any bonds authorized in this Section,
the board shall, by resolution, provide for the levy and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity, or
upon sinking fund installment dates, and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
resolution,
it shall be the duty of such county clerk to extend the tax therein
provided for, including an amount to cover loss and cost of collecting
said taxes and also deferred collections thereof and abatements in the
amounts of such taxes as extended upon the collector's books. The
resolution shall be in force upon its passage.
(Source: P.A. 86-930.)
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(105 ILCS 5/34-23) (from Ch. 122, par. 34-23)
Sec. 34-23.
Tax anticipation warrants.
When there is not sufficient money
in the treasury to meet the
ordinary and necessary expenses for educational and for building
purposes, and for the purpose of paying the principal of and interest on
bonds to
order issued warrants against and in anticipation of any taxes levied
for the payment of the expenditures for educational and for building
purposes, and for the purpose of paying the principal of and interest on
bonds, to the extent of 85% of the total amount of the taxes levied for
such purpose; provided, that whenever a working cash fund has been
created pursuant to Sections 34-30 through 34-36 warrants shall at no
time be drawn against any such taxes levied for educational purposes for
such an amount that the aggregate of (a) the amount of such warrants,
with the interest to accrue thereon, (b) the aggregate amount of
warrants theretofore drawn against such taxes and the interest accrued
and to accrue thereon, and (c) the aggregate amount of money theretofore
transferred from the working cash fund to the educational purposes fund
exceeds 90% of the actual or estimated amount of such taxes extended or
to be extended by the county clerk upon the books of the collector or
collectors of State and county taxes within the school districts.
Warrants may, however, be issued against and in anticipation of any
taxes levied for the expenditures for building purposes to the extent of
90% of the total amount of taxes levied for such purposes whenever and
only if the board in connection with a grant of money from the federal
government or a pledge to any agency, instrumentality, corporation,
administration or bureau of the United States of America in connection
with such grant, sells or pledges to the federal government or to any
agency, instrumentality, corporation, administration or bureau of the
United States of America, warrants issued in excess of 75% but not
exceeding 90% of the total amount of taxes levied for the payment of the
expenditures for building purposes.
(Source: P.A. 86-930.)
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(105 ILCS 5/34-23.5)
Sec. 34-23.5.
Issuance of notes, bonds, or other obligations in lieu of
tax anticipation warrants.
(a) In lieu of issuing tax anticipation warrants in accordance with
Section 34-23 of this Code, the board may issue notes, bonds, or other
obligations (and in connection with that issuance, establish a line of
credit with a bank) in an amount not to exceed 85% of the amount of
property taxes most recently levied for educational and building
purposes. Moneys thus borrowed shall be applied to the purposes for
which they were obtained and no other purpose. All moneys so borrowed
shall be repaid exclusively from property tax revenues within 60 days after the
property tax revenues have been received by the board.
(b) Borrowing authorized under subsection (a) of this Section shall
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, from the date of issuance until paid.
(c) Prior to the board borrowing or establishing a line of credit
under this Section, the board shall authorize, by resolution, the
borrowing or line of credit. The resolution shall set forth facts
demonstrating the need for the borrowing or line of credit, state the
amount to be borrowed, establish a maximum interest rate limit not to
exceed that set forth in subsection (b) of this Section, and provide a date
by which the borrowed funds shall be repaid. The resolution shall direct
the relevant officials to make arrangements to set apart and hold the
taxes, as received, that will be used to repay the borrowing. In addition,
the resolution may authorize the relevant officials to make partial
repayments of the borrowing as the taxes become available and may
contain any other terms, restrictions, or limitations not inconsistent with
the provisions of this Section.
(Source: P.A. 92-620, eff. 7-11-02.)
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(105 ILCS 5/34-24) (from Ch. 122, par. 34-24)
Sec. 34-24.
Numbering of warrants - Setting apart taxes - Interest.
Warrants drawn and issued under Section 34-23 shall be numbered
consecutively in the order of their issuance and shall show upon their face
that they are payable solely from said taxes when collected, and not
otherwise, and that payment thereof will be made in the order of their
issuance, beginning with the warrant having the lowest number, and shall be
received by any collector of taxes in payment of taxes against which they
are issued. Such taxes against which the warrants are drawn shall be set
apart and held for their payment, as herein provided. Such warrants shall
bear interest, payable out of the taxes against which they are drawn, at
the rate of not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
if issued before
July 1, 1971 and if
issued thereafter at the rate of not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, from the date
of their issuance until paid, or until notice is given by publication in a
newspaper or otherwise that the money for their payment is available and
that they will be paid on presentation.
Reissued warrants shall bear the index numerical designation of the
original warrant, shall be subnumbered consecutively in the order of
reissuance, and shall be paid in the direct order of reissuance, beginning
with the earliest subnumber. All warrants so reissued shall be paid prior
to the payment of any warrant, or any reissuance thereof, issued
subsequently to the date of issuance of such original warrant and in
anticipation of the collection of the same tax.
Any such outstanding warrants may be paid in the order of their
issuance, beginning with the warrants having the lowest number.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
|
(105 ILCS 5/34-25) (from Ch. 122, par. 34-25)
Sec. 34-25.
Use
of special funds to purchase tax anticipation warrants - Payment.
Any board holding in its treasury any fund set aside for use for some
particular purpose that is not immediately necessary for such purpose may
by resolution adopted by a vote of a majority of the full membership of the
board use the money in such fund, or in the aggregate of such funds if
there may be more than one, in the purchase of tax anticipation warrants of
the board ordered issued by the city council of such city at the request of
said board of education. Such warrants shall bear interest not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract. All interest on such warrants and
all moneys paid in redemption
or received from the resale thereof shall at once be credited to and placed
in such fund so held by the board. No board, however, so using any of its
own funds for the purchase of tax anticipation warrants shall apply to the
payment thereof while so held by it any taxes against and in anticipation
of which such warrants have been issued, unless and until all warrants and
the interest thereon, issued by the board against and in anticipation of
the same taxes and sold to other purchasers at public or private sale, and
all bonds, together with interest thereon, issued pursuant to the
provisions of this Act, have been first paid or moneys sufficient for the
payment thereof have been deposited with the treasurer of the board as a
special fund to be held and used solely for the purpose of paying such
warrants and bonds with interest thereon when presented. This section does
not prevent the resale or reissue of any warrants as provided in Section
34-26.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/34-26) (from Ch. 122, par. 34-26)
Sec. 34-26.
Resale of tax anticipation warrants-Sale of new warrants.
If it is deemed necessary or expedient to convert into money any tax
anticipation warrants issued and purchased by public funds pursuant to
Section 34-25 before the receipt of taxes in anticipation of which the
warrants were issued, the board by resolution adopted by a vote of a
majority of its entire membership may authorize a resale of such warrants
and adjust the interest rate thereon, or as permitted by statute may
authorize the issuance and sale of a like principal amount of new warrants
for the same purpose and in anticipation of the same taxes as the original
warrants were issued and bearing any date subsequent to the date of the
original tax anticipation warrants, the new tax anticipation warrants to be
of the denomination and bear such interest not to exceed the statutory
rate, all as may be authorized by such resolution. Upon the delivery of the
new tax anticipation warrants, a like principal amount of such original
warrants that were issued against the same tax that is anticipated by the
new warrants shall be paid and cancelled and the proceeds of the sale of
the new tax anticipation warrants shall be used first to restore to the
funds so invested in the original tax anticipation warrants money
equivalent to the par value and accrued interest of the original tax
anticipation warrants and the balance, if any, shall revert to the fund for
the creation of which the tax so anticipated was levied. Warrants so resold
or reissued shall have the same incidence of priority with respect to
payment and shall be paid in the same manner as other warrants issued in
anticipation of the same tax and sold in the first instance to any
purchaser other than the issuing board of education.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-27) (from Ch. 122, par. 34-27)
Sec. 34-27.
Use
of special funds to purchase outstanding bonds.
If the board has in its treasury any fund set aside for some particular
purpose that is not immediately necessary for such purpose, it may by
resolution adopted by a majority of its full membership use the money in
such fund in the purchase of bonds issued by the board representing an
obligation and pledging the credit of the board, and all interest upon such
bonds and all moneys paid in redemption of the bonds or realized from the
sale thereof shall at once be credited to and placed in such fund.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-28) (from Ch. 122, par. 34-28)
Sec. 34-28.
Investment of school funds.
Investments of school funds shall be
made by the board of education only in Federal Government, State or municipal
securities the payment of which is protected by the power to levy taxes
therefor or in certificates of deposit constituting direct obligations of any
savings and loan association, or any bank as defined by the Illinois Banking
Act, as heretofore and hereafter amended, provided, however, that such
investments in certificates of deposit may be made only in those banks which
are insured by the Federal Deposit Insurance Corporation or in withdrawable
capital accounts or deposits of State or Federal chartered savings and loan
associations which are insured by the Federal Savings and Loan Insurance
Corporation.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter amended.
(Source: P.A. 86-1028.)
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(105 ILCS 5/34-29) (from Ch. 122, par. 34-29)
Sec. 34-29.
Audit of accounts.
The board shall for each fiscal year and may as often as necessary,
appoint certified public accountants to examine the business methods and
audit the accounts of the board as of December 31, 1972, as of December 31,
1973, as of August 31, 1974, as of August 31 of each year
thereafter through August 31, 1996, as of June 30, 1997, and as of June 30 of
each year thereafter,
and a report thereof, together with any recommendations of such accountants
as to changes in business methods of the board or any of its departments,
officers or employees shall be made to the mayor, the city council, and the
board and be filed in the records of the board. The
board shall prepare
and publish an annual report including in detail all receipts and
expenditures, specifying the source of the receipts and the objects of the
expenditures, and shall transmit it to the mayor and the city council. The
board shall account for the expenses of each fiscal year but shall not be
required to make any apportionment of such expenses between the two
separate levies made during each calendar year.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-29.1) (from Ch. 122, par. 34-29.1)
Sec. 34-29.1.
General obligation notes - Limitations - Issuance -
Tax levy - Tax rate - Reimbursement to working cash fund. The
board may incur an indebtedness by the issuance of full faith and
credit general obligation notes in an amount not to exceed 85% of the
taxes levied for educational purposes, building purposes and the
purchase of school grounds, free textbook purposes and for school
playground and recreation purposes respectively, in the fiscal year in
which said notes are issued, without the submission to the electors of
the school district or city for approval of the question of the issuance
of such notes, provided, however, no notes shall be issued when there
are outstanding tax anticipation warrants issued or to be issued against
such taxes, nor shall such full faith and credit general obligation
notes, tax anticipation warrants, or amounts transferred from the
working cash fund, in the aggregate, exceed 90% of the taxes
levied for the aforesaid purposes. Such notes shall bear interest at a
rate of not to exceed
the greater of (i) the maximum rate authorized by the Bond Authorization Act,
as amended at the
time of the making of the contract, or (ii)8% per annum, and shall mature
within 2 years from date.
Whenever the board desires to issue such notes as herein authorized,
it shall adopt a resolution designating the purposes for which the
proceeds of the notes are to be expended and fixing the amount of the
note proposed to be issued, the maturity thereof, and optional
provisions, if any, the rate of interest thereon, and the amount of
taxes to be levied annually for the purpose of paying the interest upon
and the principal of said notes.
Said notes shall be issued in the corporate name of the school
district. They shall be signed by the president and secretary of said
board. They shall be sold by the board
upon such terms as may be approved by the board, and the proceeds
thereof shall be received by the city treasurer, as school treasurer,
and expended by the board for the purposes provided in the resolution
authorizing any such notes.
Before or at the time of issuing any notes herein authorized,
the board shall, by resolution, provide for the levy
and collection of a
direct annual tax upon all the taxable property of such school district
sufficient to pay and discharge the principal thereof at maturity and to
pay the interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of such school district
and shall be in addition to and exclusive of the maximum of all other
taxes which such board is now, or may hereafter be,
authorized by law to levy for any and all school purposes. Upon the
filing in the office of the county clerk of the county wherein such
school district is located of a duly certified copy of any such
resolution, it shall be the duty of such county clerk to extend the tax
therein provided for, including an amount to cover loss and cost of
collecting said taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books. The resolution shall be in force upon its passage.
After any such notes have been issued and while such notes are
outstanding, it shall be the duty of the county clerk wherein such
school district is located in computing the several tax rates for the
several purposes respectively for which the notes have been issued
respectively to reduce said tax rates respectively levied for such
purposes respectively by the amount levied to pay the principal of and
interest on such notes respectively to maturity, provided the tax rate
for educational purposes shall not be reduced beyond the amount
necessary to reimburse any money borrowed from the working cash fund,
and it shall be the duty of the secretary of the board annually, not
less than thirty (30) days prior to the tax extension date, to certify
to the county clerk of the county wherein such school district is
located the amount of money borrowed from the working cash fund to be
reimbursed from the educational purposes tax.
No reimbursement shall be made to the working cash fund until there
has been accumulated from the tax levy provided for the notes issued for
educational purposes an amount sufficient to pay the principal of and
interest on such notes as the same become due.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public
Act 86-4 (June 6, 1989), it is and always has been the
intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4; 86-930; 86-1028.)
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(105 ILCS 5/34-29.2) (from Ch. 122, par. 34-29.2)
Sec. 34-29.2.
Debt service funds for obligations.
(a) The board shall establish debt service funds, each to be maintained by a
corporate trustee (which may be any trust company or bank having the power of a
trust
company within the State) separate and segregated from all other funds and
accounts of the board, for those issues of obligations of
the board for the payment of which a separate tax has been or is to be levied,
including, without limitation, a debt service fund for the
general obligation bonds of the board, a debt service fund for the
general obligation notes of the board and a debt service fund for the lease
rentals payable by the board to the Public Building Commission of Chicago.
Such funds shall be established for each such outstanding obligation of
the board and also for each such obligation as shall be issued by the board
after the effective date of this amendatory Act of 1981. The trustee
maintaining
each such debt service fund shall account separately on its books and records
for each such issue of such obligations.
(b) The city treasurer, as ex officio treasurer of the board, shall, with
respect to each collection of taxes levied on behalf of the board, allocate
the amounts collected among the issues of such obligations
and deliver a report of such allocation to the county collector of each county
wherein the board is located. On the basis of such allocation, the county
collector shall pay the proceeds
of each separate tax levied for the payment of any issue of such
obligations upon receipt directly to the corporate trustee maintaining the
debt service fund for
such obligations for deposit in such debt service fund.
In addition, the board shall pay the amount of personal property tax replacement
tax revenues applicable to each issue of such obligations
upon receipt directly to the corporate trustee maintaining the debt service
fund for such obligations for deposit in such debt service
fund. Each such deposit shall be held in trust for the benefit of the party
or parties to whom payment of such obligations is payable.
All such proceeds of such taxes and revenues shall be applied solely for the
payment of the related obligations and shall not be used for
any other purpose until such obligations are paid in full.
Each levy of such taxes shall
be for the sole benefit of the party or parties to whom payment of such
obligations is payable and such party or parties
shall have a security interest in and lien upon all rights, claims and interest
of the board arising pursuant to any such
levy and all present and future proceeds of such levy until such
obligations are paid in full.
Such party or parties shall further have a security interest in and lien
upon all personal property tax replacement tax revenues upon deposit in
the appropriate debt service fund as above provided.
(c) Any lien or security interest for the benefit of the party or parties
to whom any such obligations are payable, made pursuant
to this Act, shall be valid and binding from the effective date of the
amendatory Act of 1980, and with respect to any obligations issued after
the effective date of this amendatory Act of 1981, shall be valid and binding
from the date of issue of such obligations, in each case without any physical
delivery or further act, and shall be valid and binding as against, and
prior to any claims of, all other parties
having claims of any kind in tort, contract or otherwise, against the board,
irrespective of whether such parties have notice thereof.
(d) Any monies on deposit in any such debt service fund and not necessary
for immediate use may be invested or reinvested in Investment Obligations,
as defined in Section 34A-103 of this Act.
The board may from time to time withdraw from any such debt service fund,
to the extent not prohibited by the resolution of the board authorizing
issuance of such obligations, the amount of interest or other
investment
earnings in such funds but only to the extent that the total amounts in such
fund
after
such withdrawal shall not be less than the requirements for that fund. Any
amounts deposited in any such debt service fund not required for payment of
principal of or interest on any obligation because that payment has been made
or provided for may be withdrawn by the board from the fund at any time, but
only to the extent that the total amount in the fund after the withdrawal is
not less than the requirements for the fund. The board is not required to make
any tax abatement with respect to any such amounts withdrawn or on account of
any provision for payment of principal of or interest on obligations. Any
amounts so withdrawn by the board may be used for any lawful purpose of the
board.
(Source: P.A. 88-511.)
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(105 ILCS 5/34-29.3) (from Ch. 122, par. 34-29.3)
Sec. 34-29.3.
Transfer of excess funds.
When bonds are issued under
Sections 34-22 through 34-22.7, and the purposes for which the bonds have
been issued are accomplished and paid for in full and there remain funds
on hand from the bonds so issued, the board by resolution may transfer such
excess funds to the working cash fund.
(Source: P.A. 84-1334.)
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(105 ILCS 5/prec. Sec. 34-30 heading)
WORKING CASH FUND
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(105 ILCS 5/34-30) (from Ch. 122, par. 34-30)
Sec. 34-30.
Establishment of fund authorized-Purpose.
The board may, by resolution, establish a fund to be known as a "working
cash fund" which shall be maintained and administered for the purpose of
enabling the board to have in its treasury at all times sufficient money to
meet demands thereon for ordinary and necessary expenditures for
educational purposes.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-31) (from Ch. 122, par. 34-31)
Sec. 34-31.
Bond issue to increase fund.
(a). Where the board has created and is maintaining such a working
cash fund for the purposes above mentioned, it may, with the consent of
the city council expressed by ordinance, incur an indebtedness for the
purpose of increasing such fund and issue bonds therefor from time to
time, in an amount or amounts not exceeding in the aggregate
$75,000,000, exclusive of all bonded indebtedness authorized for that
purpose prior to May 16, 1967, without the submission thereof to the
electors of the school district or city for approval.
(b). The board may incur an additional indebtedness for the purpose
of further increasing such fund and issue additional bonds therefor,
from time to time, in an amount or amounts not exceeding in the
aggregate $20,000,000, exclusive of all bonded indebtedness authorized
for that purpose prior to the effective date of this amendatory Act of
1971, without the submission thereof to the electors of the school
district or city for approval.
(c). The board may incur an additional indebtedness for the purpose
of further increasing such fund and issue additional bonds therefor,
from time to time, in an amount or amounts not exceeding in the
aggregate $25,000,000, exclusive of all bonded indebtedness authorized
for that purpose prior to the effective date of this amendatory Act of
1973, without the submission thereof to the electors of the school
district or city for approval.
(d). The board may incur an additional indebtedness for the purpose of
further increasing such fund and issue additional bonds therefor, from time
to time, in an amount or amounts not exceeding in the aggregate $31,000,000,
exclusive of all bonded indebtedness authorized for that purpose prior to
the effective date of this amendatory Act of 1977, without the submission
thereof to the electors of the school district or city for approval.
(e). Any bonds issued under paragraphs (a), (b), (c) or (d) of this
Section shall bear interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and
shall mature within 20 years from date of issue. The authority herein
granted in paragraphs (a), (b), (c) and (d) shall be considered exclusive of
each other and as cumulative authority for the issuance of such bonds.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(105 ILCS 5/34-32) (from Ch. 122, par. 34-32)
Sec. 34-32.
Resolution for bond issue-Signature-Sale.
Before issuing any bonds under Section 34-31, as amended, the board
shall adopt a resolution designating the purpose and fixing the amount of
the bonds proposed to be issued, the maturity thereof, the rate of interest
thereon and the amount of taxes to be levied annually for the purpose of
paying the principal and interest.
The bonds shall be issued in the corporate name of the school district.
They shall be signed by the president and secretary of the board, and
countersigned by the mayor and the comptroller (or city clerk if there be
no comptroller) of the city. They shall be sold by the city comptroller (or
city clerk if there be no comptroller) at not less than par upon such terms
as may be approved by the board after advertisement for bids as ordered by
and under the direction of the board and the proceeds thereof shall be
received by the city treasurer, as school treasurer, for the uses herein
provided.
(Source: Laws 1961, p. 3226.)
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(105 ILCS 5/34-33) (from Ch. 122, par. 34-33)
Sec. 34-33.
Tax
for payment of bonds.
Before or at the time of issuing bonds under Sections 34-31 and 34-32,
as amended, the city council, upon the demand and under the direction of
the board, shall, by ordinance, provide for the collection of a direct
annual tax upon all the taxable property of the school district sufficient
to pay and discharge the principal thereof at maturity and to pay the
interest thereon as it falls due. Upon the filing in the office of the
county clerk of the county wherein the school district is located of a
certified copy of any such ordinance the county clerk shall extend the tax
therein provided for. The ordinance shall be in force upon its passage.
(Source: Laws 1961, p. 3226.)
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(105 ILCS 5/34-34) (from Ch. 122, par. 34-34)
Sec. 34-34.
Bond moneys set apart-Use and reimbursement of fund.
All
moneys derived from the issuance of bonds under Sections 34-31 and
34-32, or from any tax levied pursuant to Section 34-57 when received by
the city treasurer, as school treasurer, shall be set apart in the
working cash fund. The moneys in such fund shall not be regarded as
current assets available for appropriation and shall not be appropriated
by the board in the annual school budget, but in order to provide moneys
with which to meet ordinary and necessary disbursements for salaries and
other educational purposes may be transferred, in whole or in part, to
the educational purposes fund of the board and so disbursed therefrom
(a) in anticipation of the collection of any taxes lawfully levied for
educational purposes, (b) in anticipation of the receipt of moneys to be
derived from the common school fund of the State and from State
appropriations, or (c) in anticipation of such taxes, as by law now or
hereafter enacted or amended, imposed by the General Assembly of the
State of Illinois to replace revenue lost by units of local government
and school districts as a result of the abolition of ad valorem personal
property taxes, pursuant to Article IX, Section 5(c) of the Constitution
of the State of Illinois. Moneys transferred to the educational
purposes fund in anticipation of the collection of taxes shall be deemed
to have been transferred in anticipation of the collection of that part
of the taxes so levied or to be received which is in excess of the
amount or amounts thereof required to pay any warrants, and the interest
thereon, theretofore or thereafter issued under Sections 34-22 through
34-24, the amount estimated to be required to satisfy debt service and
pension or retirement obligations as set forth in Section 12 of "An Act
in relation to State revenue sharing with local government entities", approved
July 31, 1969, as amended.
Such taxes levied for educational purposes when collected
shall be applied first to the payment of any such warrants or notes and
the interest thereon and
the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended, and
then to the reimbursement of the working cash
fund as hereinafter provided. Upon the receipt by the city treasurer, as
school treasurer, of any taxes or other moneys, in anticipation of the
collection or receipt whereof moneys of the working cash fund have been
so transferred for disbursement, such fund shall immediately be
reimbursed therefrom until the full amount so transferred has been
re-transferred to said fund. If taxes in anticipation of the collection
of which such transfers are made are not collected in sufficient amounts
to effect a complete reimbursement of the working cash fund of the
amounts transferred from the working cash fund to the educational
purposes fund the deficiencies between the amounts thus transferred and
the amounts repaid from collections shall be general obligations of the
educational purposes fund until repaid either from taxes in anticipation
of which transfers were made or from appropriations which may be made in
annual school budgets of sums of money to apply on such general
obligations or until repaid from both the taxes in anticipation of which
such transfers were made and from appropriations which may be made in
annual school budgets of sums of money to apply on such general
obligations.
(Source: P.A. 81-1506.)
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(105 ILCS 5/34-35) (from Ch. 122, par. 34-35)
Sec. 34-35.
Resolution for transfer from fund-Amount transferred.
Moneys shall be transferred from the working cash fund to the
educational purposes fund only upon the authority of the board, which
shall by resolution direct the school treasurer to make such transfers.
The resolution shall set forth (a) the taxes or other funds in
anticipation of the collection or receipt of which the working cash fund
is to be reimbursed, (b) the entire amount of taxes extended, or which
the board shall estimate will be extended or received, for any year in
anticipation of the collection of all or part of which such transfer is
to be made, (c) the aggregate amount of warrants or notes theretofore
issued in anticipation of the collection of such taxes under the
provisions of Sections 34-22 through 34-24 together with the amount of
interest accrued and which the board of education estimates will accrue
thereon, (d) the amount of moneys which the board of education estimates
will be derived for any year from the common school fund of the State
and from State appropriations in anticipation of the receipt of all or
part of which such transfer is to be made, (e)
the aggregate amount of receipts from taxes imposed to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government
entities", approved July 31, 1969, as amended, and (f)
the aggregate amount
of moneys theretofore transferred from the working cash fund to the
educational purposes fund in anticipation of the collection of such
taxes or of the receipt of such other moneys from the State. The amount
which the resolution shall direct the school treasurer so to transfer in
anticipation of the collection of taxes levied or to be received for any
year, together with the aggregate amount of such anticipation tax
warrants or notes theretofore drawn against such taxes
and the amount of
the interest accrued and estimated to accrue thereon, the amount estimated
to be required to satisfy debt service and pension or
retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended,
and the aggregate
amount of such transfers theretofore made in anticipation of the
collection of such taxes shall not exceed 90% of the actual or estimated
amount of such taxes extended or to be extended or to be received as set
forth in the resolution. The amount which the resolution shall direct
the school treasurer so to transfer in anticipation of the receipt of
moneys to be derived for any year from the common school fund of the
State or from any State appropriation, together with the aggregate
amount theretofore transferred in anticipation of the receipt of any
such moneys, shall not exceed the total amount which it is so estimated
will be received from such source. When moneys are available in the
working cash fund they shall be transferred to the educational purposes
fund and disbursed for the payment of salaries and other educational
expenses so as to avoid, whenever possible, the issuance of tax
anticipation warrants or notes.
(Source: P.A. 81-1506.)
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(105 ILCS 5/34-36) (from Ch. 122, par. 34-36)
Sec. 34-36.
Violations of provisions-Liability.
Any member of the board or any officer thereof or of the city, or any
other person holding any other trust or employment under the board or
city, who is guilty of the wilful violation of any of the provisions of
Sections 34-30 through 34-35, shall be guilty of a business offense
and may be fined not exceeding $10,000 and shall forfeit his right to
his office, trust or employment and shall be removed therefrom. Any such
member, officer or person shall be liable for any sum that may be
unlawfully diverted from the working cash fund or otherwise used, to be
recovered by the board or by any taxpayer in the name and for the
benefit of the board in an appropriate civil action. A taxpayer so
suing shall file a bond for and shall be liable for all costs taxed
against the board in such suit. Nothing herein shall bar any other
remedies.
(Source: P.A. 79-1366.)
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(105 ILCS 5/34-37) (from Ch. 122, par. 34-37)
Sec. 34-37.
Abolishment of working cash funds.
The board may abolish
its working cash fund, upon the adoption of a resolution so providing, and
directing the transfer of any balance in such fund to the educational purposes
fund, effective upon the adoption of such resolution. Thereafter, all outstanding
taxes of such board levied pursuant to Section 34-57 of this Article shall
be collected and paid into the educational fund. Any obligation incurred
by such board pursuant to Section 34-31 of this Article shall be discharged
as therein provided. Nothing contained herein shall affect the validity
of any existing obligations of the board.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34-38) (from Ch. 122, par. 34-38)
Sec. 34-38.
Re-creation of working cash fund.
Nothing in this Article prevents
a board which has abolished its working cash fund from again creating a
working cash fund in the manner provided in Section 34-30 of this Article;
provided, however that should the working cash fund be so recreated, the
board shall not thereby be authorized to issue working cash fund bonds in
an amount greater than the amount authorized at the time of abolition of
such fund, and no tax shall be levied for the recreated working cash fund
pursuant to Section 34-57 of this Article.
(Source: P.A. 81-1221.)
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(105 ILCS 5/prec. Sec. 34-42 heading)
BUDGET AND APPROPRIATIONS
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(105 ILCS 5/34-42) (from Ch. 122, par. 34-42)
Sec. 34-42.
Fiscal year.
The period commencing January 1, 1974 and ending
August 31, 1974 shall be a fiscal year. Beginning September 1, 1974, each
fiscal year of the board through fiscal year 1996 shall commence on September 1
of each year and end on August 31 of the following year. The period commencing
September 1, 1996 and ending June 30, 1997 shall be a fiscal year. Beginning
July 1, 1997 and thereafter, the fiscal year of the board shall commence on
July 1 of each year and end on June 30 of the following year.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-42.1)
Sec. 34-42.1. (Repealed).
(Source: P.A. 77-2734. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-42.2)
Sec. 34-42.2. (Repealed).
(Source: P.A. 78-497. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-43) (from Ch. 122, par. 34-43)
Sec. 34-43.
Adoption of budget and resolution.
The board shall, within the first 60 days of each fiscal year, adopt a
budget and pass a resolution to be termed the "annual school budget",
hereinafter called the "budget", in and by which the board, subject to the
limitations hereinafter contained, shall appropriate such sums of money as
may be required to defray all of its estimated expenses and liabilities to
be paid or incurred during the fiscal year.
The budget shall be balanced in each year within standards established by
the board, consistent with the provisions of this Article.
The budget may provide for the accumulation of funds for educational purposes
as the board may direct for capital improvements or in order to achieve a
balanced budget in a future year within the 4-year period of the board's
financial plan to begin in that budget year. The budget may also provide for a
reserve in the educational fund to ensure uninterrupted services in the event
of unfavorable budget variances.
The changes made to this Section by this amendatory Act of 1996 apply to
budgets and amended
and supplemental
budgets for fiscal years beginning in 1995 and subsequent
years.
(Source: P.A. 89-636, eff. 8-9-96.)
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(105 ILCS 5/34-43a)
Sec. 34-43a.
Post annual budget on web site.
The school district
shall post its current annual school budget, itemized by
receipts and
expenditures, on the
district's Internet web site. The school district shall notify the parents or
guardians of its students that the budget has been posted on the
district's web site and what the web site's address is.
(Source: P.A. 92-438, eff. 1-1-02.)
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(105 ILCS 5/34-43.1) (from Ch. 122, par. 34-43.1)
Sec. 34-43.1. (A) Limitation of noninstructional costs. It is the
purpose of this Section to establish for the Board of Education and the
general superintendent of schools requirements and standards which maximize
the proportion of school district resources in direct support of
educational, program, and building maintenance and safety services for the
pupils of the district, and which correspondingly minimize the amount and
proportion of such resources associated with centralized administration,
administrative support services, and other noninstructional services.
The Board
of Education shall undertake budgetary and expenditure control actions which
limit the administrative expenditures of the Board of Education to levels,
as provided for in this Section, which represent an average of the
administrative expenses of all school districts in this State not subject
to Article 34.
(B) Certification of expenses by the State Superintendent of Education.
The State Superintendent of Education shall annually certify, on or before
May 1, to the Board of Education, for the
applicable school year, the following information:
(1) the annual expenditures of all school districts | ||
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(2) the total annual expenditures of all school | ||
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(3) a ratio, to be called the statewide average of | ||
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For purposes of the annual certification of expenditures and ratios
required by this Section, the "applicable year" of certification shall
initially be the 1986-87 school year and, in sequent years, each
succeeding school year.
The State Superintendent of Education shall consult with the Board of
Education to ascertain whether particular expenditure items allocable to
the administrative functions enumerated in paragraph (B)(1) are
appropriately or necessarily higher in the applicable school district than
in the rest of the State due to noncomparable factors. The State
Superintendent shall also review the relevant cost proportions in other
large urban school districts. The State Superintendent shall also review
the expenditure categories in paragraph (B)(1) to ascertain whether they
contain school-level expenses. If he or she finds that adjustments to the
formula are appropriate or necessary to establish a more fair and
comparable standard for administrative cost for the Board of Education or
to exclude school-level expenses, the State Superintendent shall recommend
to the Board of Education adjusting certain costs in
determining the budget and expenditure items properly attributable to the
functions or otherwise adjust the formula.
(C) Administrative expenditure limitations. The annual budget of the
Board of Education, as adopted and implemented, and the
related annual expenditures for the school year, shall reflect a limitation
on administrative outlays as required by the following provisions, taking
into account any adjustments established by the State Superintendent of
Education: (1) the budget and expenditures of the Board of Education shall reflect
a ratio of administrative expenditures to total expenditures equal to or
less than the statewide average of administrative expenditures certified by
the State Superintendent of Education for the applicable year pursuant to
paragraph (B)(3); (2) if for any school year the budget of the Board of
Education reflects a ratio of administrative expenditures to total
expenditures which exceeds the applicable statewide average, the Board of
Education shall reduce expenditure items allocable to the administrative
functions enumerated in paragraph (B)(1) such that the Board of Education's
ratio of administrative expenditures to total expenditures is equal to or
less than the applicable statewide average ratio.
For purposes of this Section, the ratio of administrative expenditures to
the total expenditures of the Board of Education, as applied to the budget
of the Board of Education, shall mean: the budgeted expenditure items of
the Board of Education properly attributable to the expenditure functions
identified in paragraph (B)(1) divided by the total budgeted expenditures of
the Board of Education properly attributable to the Board of Education
funds corresponding to those funds identified in paragraph (B)(2),
exclusive of any monies budgeted for payment to the Public School Teachers'
Pension and Retirement System, attributable to payments due from the
General Funds of the State of Illinois.
The annual
expenditure of the Board of Education for 2320 shall be no greater than the 2320
expenditure for the immediately preceding school year or the 1988-89 school
year, whichever is less. This annual expenditure limitation may be
adjusted in each year in an amount not to exceed any change effective
during the applicable school year in salary to be paid under the collective
bargaining agreement with instructional personnel to which the Board is a
party and in benefit costs either required by law or such collective
bargaining agreement.
(D) Cost control measures. In undertaking actions to control or reduce
expenditure items necessitated by the administrative expenditure
limitations of this Section, the Board of Education shall give priority
consideration to reductions or cost controls with the least effect upon
direct services to students or instructional services for pupils, and upon
the safety and well-being of pupils, and, as applicable, with the
particular costs or functions to which the Board of Education is higher
than the statewide average.
For purposes of assuring that the cost control priorities of this
subsection (D) are met, the State Superintendent of Education shall, with
the assistance of the Board of Education, review the cost allocation
practices of the Board of Education. No position closed shall be
reopened using State or federal categorical funds.
(E) Report of Audited Information. The Board of Education shall file with the
State Board of Education the Annual Financial Report and its audit, as
required by the rules of the State Board of Education. Such reports shall
be filed no later than February 15 following the end of the school year of
the Board of Education.
As part of the required Annual Financial Report, the Board of Education
shall provide a detailed accounting of the central level, district, bureau
and department costs and personnel included within expenditure functions
included in paragraph (B)(1). The nature and detail of the reporting
required for these functions shall be prescribed by the State Board of
Education in rules and regulations. A copy of this detailed accounting
shall also be provided annually to the
public. This report shall contain a reconciliation to the board of
education's adopted budget for that fiscal year, specifically delineating
administrative functions.
If the information required under this Section is not provided by the
Board of Education in a timely manner, or is initially or subsequently
determined by the State Superintendent of Education to be incomplete or
inaccurate, the State Superintendent shall, in writing, notify the Board
of Education of reporting deficiencies. The Board of Education shall,
within 60 days of such notice, address the reporting deficiencies
identified. If the State Superintendent of Education does not receive
satisfactory response to these reporting deficiencies within 60 days, the
next payment of evidence-based funding due the Board of Education under Section 18-8.15 and all subsequent payments shall be withheld by the State
Superintendent of Education until the enumerated deficiencies have
been addressed.
Utilizing the Annual Financial Report, the State Superintendent of
Education shall certify annually on or before May 1
the Board of Education's ratio of administrative expenditures to total
expenditures. Such certification shall indicate the extent to which the
administrative expenditure ratio of the Board of Education conformed to the
limitations required in subsection (C) of this Section, taking into account
any adjustments of the limitations which may have been recommended by the
State Superintendent of Education to the Board of Education. In
deriving the administrative expenditure ratio of the Chicago Board of
Education, the State Superintendent of Education shall utilize the
definition of this ratio prescribed in subsection (C) of this Section,
except that the actual expenditures of the Board of Education shall be
substituted for budgeted expenditure items.
(Source: P.A. 102-894, eff. 5-20-22.)
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(105 ILCS 5/34-44) (from Ch. 122, par. 34-44)
Sec. 34-44.
Budget estimates.
The budget shall set forth estimates, by
classes, of all current assets and liabilities of each fund of the board
as of the beginning of the fiscal
year, and the amounts of such assets estimated to be available for
appropriation in such year, either for expenditures or charges to be made
or incurred during such year or for liabilities unpaid at the beginning
thereof. Estimates of taxes to be received from prior levies shall be net,
after deducting amounts estimated to be sufficient to cover the loss and
cost of collecting such taxes and also deferred collections thereof and
abatements in the amount of such taxes extended or to be extended upon the
collectors' books.
Estimates of the liabilities of the respective funds shall include:
1. All final judgments, including accrued interest thereon, entered
against the board and unpaid at the beginning of such fiscal year;
2. The principal of all general obligation notes or anticipation tax
warrants and all temporary loans and all accrued interest thereon unpaid at
the beginning of such fiscal year;
3. Any amount for which the board is required to reimburse the working
cash fund from the educational purposes fund pursuant to the provisions of
Section 34-30 through 34-36 and
4. The amount of all accounts payable including estimates of audited
vouchers, participation certificates, inter fund loans and purchase orders
payable.
The budget shall also set forth detailed estimates of all accrued tax
revenues recognized for such year and of all current revenues to be
derived from sources
other than taxes, including State contributions, rents, fees, perquisites
and all other types of revenue, which will be applicable to expenditures
or charges to be made or incurred during such year.
All such estimates shall be so segregated and classified as to funds,
and in such other manner as to give effect to the requirements of law
relating to the respective purposes to which the assets and taxes and other
current revenues are applicable, so that no expenditure shall be authorized
or made for any purpose in excess of the money lawfully available therefor.
The several estimates of assets, liabilities and expenditure
requirements required or authorized to be made by this and the next
succeeding section shall be made on the basis of information known to the
board at the close of the preceding fiscal year and shall not be
invalidated or otherwise subject to attack merely because after that time
additional information is known to or could be discovered by the board that
would require a different estimate, or because the board might have amended
such estimates under any of the provisions of Section 34-47.
(Source: P.A. 84-1238.)
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(105 ILCS 5/34-44.1) (from Ch. 122, par. 34-44.1)
Sec. 34-44.1.
Supplemental budget estimate.
When the value of the
taxable property in the school district is increased either by the
establishment of a new multiplier by the Department of Revenue or the
availability of a later assessment by virtue of additions
to the tax rolls or increases in assessments made by the county assessor
after the annual school budget has been adopted, the board of education
may adopt, by a 2/3 vote of the full membership of the board, a
supplemental budget to provide for the use of the added potential
revenues in an amount that shall not exceed a sum equivalent to the
product of the amount of the increase in the value of taxable property
in the district multiplied by the maximum per cent or rate of tax which
the board and the corporate authorities of the city are authorized by
law to levy for the current fiscal year for educational, building, free
textbook, agricultural science school, supervised playground outside school
hours purposes (or supervised playground outside school hours and stadia,
social center and summer swimming pool open to the public purposes, as the case
may be) or special education purposes. With respect to any supplemental budget
based upon an increase in the value of the taxable property in the school
district, such supplemental budget shall be adopted within 60 days of the date
of the final certification of the equalization rate by the Department of
Revenue to the county clerk as provided in the Property Tax Code, regardless of
whether the adoption occurs within or
after the close of the fiscal year to which the increase applies, but shall not
become effective unless approved in accordance with Article 34A of "The School
Code".
(Source: P.A. 88-670, eff. 12-2-94.)
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(105 ILCS 5/34-45) (from Ch. 122, par. 34-45)
Sec. 34-45.
Budget appropriations.
The budget shall specify:
1. the several organization units, purposes, and | ||
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2. the amount appropriated for each organization | ||
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3. the fund from or to which each amount | ||
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The budget shall include appropriations for:
1. all estimated current expenditures or charges to | ||
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2. all final judgments, including accrued interest | ||
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3. any amount for which the board is required to | ||
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4. all other estimated liabilities, including the | ||
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(Source: P.A. 84-1238.)
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(105 ILCS 5/34-45.1) (from Ch. 122, par. 34-45.1)
Sec. 34-45.1.
The amount appropriated in any annual, additional or supplemental
school budget adopted pursuant to this Article and specified in such budget
to be for workers' compensation, workers' occupational diseases compensation
and unemployment compensation purposes shall
include a sum estimated to be sufficient to cover the anticipated costs
of operating and administering the workers' compensation, workers' occupational
diseases compensation and unemployment compensation program for the purpose
of which such amount was appropriated, including employee wages, salaries
and the cost of legal services furnished in connection with the operation
and administration of such program. Liabilities incurred for such operating
and administrative costs, including employee wages and salaries and the
cost of legal services, shall upon being vouchered, audited and approved
by the board as provided in Section 34-51 be charged to and paid from the
fund of moneys appropriated for such purpose.
(Source: P.A. 83-718.)
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(105 ILCS 5/34-46) (from Ch. 122, par. 34-46)
Sec. 34-46.
Public participation.
The budget shall be prepared in tentative form by the board and in such
form shall be made available to public inspection for at least 15 days
prior to final action thereon, by having at least 5 copies thereof on file
in the office of the secretary of the board. Not less than 5 days after
such copies are so placed on file and prior to final action thereon, the
board shall hold at least 2 public hearings thereon, of which notice shall
be given at least once by publication in a newspaper having general
circulation in the
city at least 5 days prior to the time of the hearing. The board shall
arrange for and hold such public hearing or hearings, provided
that the final public hearing shall occur not less than 5 days prior to
the Board's final action on the budget. The board shall
cause its budget to be published in its proceedings within 30 days after
its adoption.
(Source: P.A. 82-764.)
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(105 ILCS 5/34-47) (from Ch. 122, par. 34-47)
Sec. 34-47.
Revision of items - Amendment - Publication.
Subsequent to the public hearing provided for in Section 34-46 and
before final action on the budget, the board may revise, alter, increase,
or decrease the items contained therein, but the aggregate amount finally
appropriated by the budget, including any subsequent amendment thereof,
from any fund or for any purpose, including amounts appropriated for
judgments and all other unpaid liabilities and all other purposes for which
such authorities are herein or otherwise by law required to appropriate,
shall not exceed the aggregate amount available in such fund or for such
purpose, as shown by the estimates of the available assets thereof at the
beginning of such fiscal year and of taxes and other current revenues set
forth in the budget. If the appropriations from any fund as set forth in
the budget as finally adopted exceed in the aggregate the maximum amount
which the board is authorized to appropriate therefrom, all appropriations
made from such fund by the budget shall be void and the several amounts
appropriated in the budget of the last preceding fiscal year, so far as
they relate to operation and maintenance expenses, shall be deemed to be
appropriated for the current fiscal year for objects and purposes,
respectively, as specified in said last budget and the several amounts so
appropriated shall constitute lawful appropriations for the current fiscal
year, but not in excess of amounts which will enable the Board to comply
with the requirements of Section 34A-402.
The board of education may amend the budget from time to time by the
same procedure as is herein provided for the original adoption of the budget.
(Source: P.A. 82-1020.)
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(105 ILCS 5/34-48) (from Ch. 122, par. 34-48)
Sec. 34-48.
Supplemental budgets - Emergencies.
After the effectiveness of the budget (other than an interim budget), the
board shall not make any other
appropriations prior to the adoption or passage of the next succeeding
budget. The board may not, either directly or indirectly, make any contract
or do any act which shall add to its expenditures or liabilities, in any
fiscal year, any thing or sum above the amount provided for in the budget
for that fiscal year except that the board may, at any time after the adoption
of the annual school budget, by a 2/3 vote of the full membership of the
board, pass an additional or supplemental budget, thereby adding appropriations
to those made in the annual school budget and such supplemental or additional
school budget shall be regarded as an amendment of the annual school budget
for that year; provided that any such additional or supplemental
appropriations so made shall not exceed the amount of additional moneys
which the board of education will have available for appropriation in that
year from any source, including any fund balances not previously appropriated,
over and above the amount of moneys which the board, at the time of the
adoption of its annual budget for that year, estimated would be available
for appropriation from such sources, or provided that the board, by a concurring
vote of 2/3 of all the
members thereof (said votes to be taken by yeas and nays and entered in the
proceedings of the board) may make any expenditures and incur any liability
rendered necessary to meet emergencies such as epidemics, fires, unforeseen
damages or other catastrophes happening after the annual school budget has
been passed or adopted. This
section does not prevent the board from providing for and causing to be
paid from its funds any charge imposed by law without the action of the
board.
(Source: P.A. 82-765.)
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(105 ILCS 5/34-49) (from Ch. 122, par. 34-49)
Sec. 34-49.
Contracts, expense and liabilities without appropriation.
No contract shall be made or expense or liability incurred by the board,
or any member or committee thereof, or by any person for or in its
behalf, notwithstanding the expenditure may have been ordered by the
board, unless an appropriation therefor has been previously made.
Neither the board, nor any member or committee, officer, head of any
department or bureau, or employee thereof shall during a fiscal year
expend or contract to be expended any money, or incur any liability, or
enter into any contract which by its terms involves the expenditure of
money for any of the purposes for which provision is made in the budget,
in excess of the amounts appropriated in the budget. Any contract,
verbal or written, made in violation of this Section is void as to the
board, and no moneys belonging thereto shall be paid thereon. Provided,
however, that the board may lease from any Public Building Commission
created pursuant to the provisions of the Public Building Commission
Act, approved July 5, 1955, as heretofore or hereafter amended, or from
any individuals, partnerships or corporations, any real
or personal property for the purpose of securing space for its school
purposes or office or other space
for its administrative functions for any period of time not exceeding 40
years, and such lease may be made and the obligation or expense
thereunder incurred without making a previous appropriation therefor,
except as otherwise provided in Section 34-21.1 of this Act. Provided
that the board may enter into agreements, including lease and lease
purchase agreements having a term not longer than 40 years from the date on
which such agreements are entered into, with individuals, partnerships, or
corporations for the construction of school buildings, school
administrative offices, site development, and school support facilities.
The board shall maintain exclusive possession of all such schools, school
administrative offices, and school facilities which it is occupying or
acquiring pursuant to any such lease or lease purchase agreement, and in
addition shall have and exercise complete control over the education
program conducted at such schools, offices and facilities. The board's
contribution under any such lease or lease purchase agreement shall be
limited to the use of the real estate and existing improvements on a rental
basis which shall be exempt from any form of leasehold tax or assessment,
but the interests of the board may be subordinated to the interests of a
mortgage holder or holders acquired as security for additional improvements
made on the property.
Provided that the board may enter into agreements, including lease and lease purchase
agreements, having a term not longer than 40 years from the date on which
such agreements are entered into for the provision of school buildings
and related property and facilities for an agricultural science school
pursuant to subparagraphs (8) through (10) of
Section 34-21.1; and such
agreements may be made and the obligations thereunder incurred without
making a previous appropriation therefor.
This Section does not prevent the making of lawful contracts for the
construction of buildings, the purchase of insurance, the leasing of
equipment, the purchase of personal property by a conditional sales
agreement, or the leasing of personal property under an agreement that
upon compliance with the terms of which the board shall become or has
the option to become the owner of the property for no additional
consideration or for a nominal consideration, the term of which may be
for periods of more than 1 year, but, in no case, shall such conditional
sales agreements or leases of personal property by which the board may
or will become the owner of the personal property, provide for the
consideration to be paid during a period of time in excess of 10 years
nor shall such contracts provide for the payment of interest in excess
of
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, on the unpaid balance owing; nor shall
this Section
prevent the making of lawful contracts for the purchase of fuel and the
removal of ashes for a period from July 1 of any year to June 30 of the
year following, or the making of lawful contracts for the transportation
of pupils to and from school, or the entering into of employment
contracts with individuals or groups of employees for any period not to
exceed 4 years, or the entering into contracts with third parties
for services otherwise performed by employees for any period not to exceed 5
years provided that the contracts with third parties for services provided at
attendance centers shall specify that the principal of an attendance center
shall have authority, to the maximum extent possible, to direct persons
assigned to the attendance center
pursuant to that contract, or the making of requirement contracts for not
to exceed one year the terms of which may extend into the succeeding fiscal
year provided,
however, that such contracts contain a limitation on the amount to be expended
and that such contracts shall impose no obligation on the board except pursuant
to written purchase order.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-50) (from Ch. 122, par. 34-50)
Sec. 34-50.
Transfers between appropriations - Delay.
The board may,
at any time by a two-thirds vote of all the members authorize the making
of transfers within any fund under its jurisdiction, of sums of money
appropriated for one object or purpose to another object or purpose,
which action shall be entered in its proceedings; provided that during
the first half of each fiscal year such transfers shall not exceed 10%
of any such fund, but no appropriation for any purpose shall be reduced
below an amount sufficient to cover all obligations incurred or to be
incurred against the appropriation for such purpose.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34-51) (from Ch. 122, par. 34-51)
Sec. 34-51.
Appropriation not to be construed as approval of board of liabilities.
The appropriation resolution or budget, including the amounts for the
payment of contract liabilities or to defray the expense of any project or
purpose, shall not be construed as an approval by the board of any such
liabilities or of any project or purpose mentioned, but shall be regarded
only as the provisions for a fund or funds for the payment thereof when
such liabilities have been found to be valid and legal obligations against
the board, and when properly vouchered, audited and approved by the board,
or when any project or purpose is approved and authorized by the board, as
the case may be.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-52) (from Ch. 122, par. 34-52)
Sec. 34-52.
Wilful violation of budget provisions.
Any member of the board, or any officer thereof or of the city or any
other person holding any trust or employment under the board or city who
wilfully violates any of the provisions of Sections 34-43 through
34-51 shall be guilty of a business offense and may be fined not
exceeding $10,000, and shall forfeit his right to his office, trust or
employment and shall be removed therefrom. Any such member, officer or
person shall be liable for the amount of any loss or damage suffered by
the board resulting from any act of his in violation of the terms of any
of those sections, to be recovered by the board or by any taxpayer in
the name and for the benefit of the board, in an appropriate civil action.
Any taxpayer bringing any such action must file a bond for all
costs, and shall be liable for all costs taxed against the board in such
suit, and judgment shall be rendered accordingly. This Section does not
bar any other remedies.
(Source: P.A. 79-1366.)
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(105 ILCS 5/34-52.1) (from Ch. 122, par. 34-52.1)
Sec. 34-52.1.
Form of ballot and notice.
Whenever any proposition to authorize or
to levy an annual tax, or to increase the annual rate of tax levied by any
school district, for any school purpose is submitted to the voters of such
district at any election, each required notice or other publication of the
election or referendum and the form of ballot shall contain, in addition to
any other matters required by law:
(a) the geographic or other common name of the school district by
which that district is commonly known and referred to, as well as the
number of the district;
(b) the maximum rate at which such tax may be levied if the
proposition is approved; and
(c) if the proposition is to increase the annual rate of an existing
tax levied by the school district, then in addition to the matters set
forth in (a) and (b) above, the annual rate at which such existing tax
currently is levied and the percentage of increase between the maximum
rate at which such tax may be levied if the proposition is approved and the
annual rate at which such tax currently is levied.
(Source: P.A. 85-374.)
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(105 ILCS 5/34-53) (from Ch. 122, par. 34-53)
Sec. 34-53. Tax levies; purpose; rates. For the purpose of
establishing and supporting free schools for not fewer than 9 months in
each year and defraying their expenses the board may levy annually, upon all taxable
property of such district for educational purposes a tax for
the fiscal years 1996 and each succeeding fiscal year at a rate of not to exceed the sum of (i) 3.07% (or such other rate as may be set
by law
independent of the rate difference described in (ii) below) and (ii) the
difference between .50% and the rate per cent of taxes extended for a
School Finance Authority organized under Article 34A of the School Code,
for the calendar year in which the applicable fiscal year of the board
begins as determined by the county clerk and certified to the board
pursuant to Section 18-110 of the Property Tax Code, of the value as
equalized or assessed by the Department of Revenue for the year in which
such levy is made.
Beginning on the effective date of this amendatory Act of the 99th General Assembly, for the purpose of making an employer contribution to the Public School Teachers' Pension and Retirement Fund of Chicago, the board may levy annually for taxable years prior to 2017, upon all taxable property located within the district, a tax at a rate not to exceed 0.383%. Beginning with the 2017 taxable year, for the purpose of making an employer contribution to the Public School Teachers' Pension and Retirement Fund of Chicago, the board may levy annually, upon all taxable property within the district, a tax at a rate not to exceed 0.567%. The proceeds from this additional tax shall be paid, as soon as possible after collection, directly to Public School Teachers' Pension and Retirement Fund of Chicago and not to the Board of Education. The rate under this paragraph is not a new rate for the purposes of the Property Tax Extension Limitation Law. Notwithstanding any other provision of law, for the 2016 tax year only, the board shall certify the rate to the county clerk on the effective date of this amendatory Act of the 99th General Assembly, and the county clerk shall extend that rate against all taxable property located within the district as soon after receiving the certification as possible. Nothing in this amendatory Act of 1995
shall in
any way impair or restrict the levy or extension of taxes pursuant to any
tax levies for any purposes of the board lawfully made prior to the
adoption of this amendatory Act of 1995.
Notwithstanding any other provision of this Code and in
addition to any other methods provided for increasing the tax rate
the board may, by proper resolution, cause a
proposition to increase the annual tax rate for educational purposes to
be submitted to the voters of such district at any general or special
election. The maximum rate for educational purposes shall not exceed
4.00%. The election called for such purpose shall be governed by
Article 9 of this Act. If at such election a majority of the votes cast
on the proposition is in favor thereof, the Board of Education may
thereafter until such authority is revoked in a like manner, levy
annually the tax so authorized.
For purposes of this Article, educational purposes for fiscal years
beginning in 1995 and each subsequent year shall also include, but not be
limited to, in addition to those purposes authorized before this amendatory Act
of 1995, constructing, acquiring, leasing (other than from the Public Building
Commission of Chicago), operating, maintaining, improving, repairing, and
renovating land, buildings, furnishings, and equipment for school houses and
buildings, and related incidental expenses, and
provision of special education, furnishing free textbooks and
instructional aids and school supplies, establishing, equipping, maintaining,
and operating supervised playgrounds under the control of the board, school
extracurricular activities, and stadia, social center, and summer swimming pool
programs open to the public in connection with any public school; making an
employer contribution to the Public School Teachers' Pension and Retirement
Fund as required by Section 17-129 of the Illinois Pension Code; and providing
an agricultural science school, including site development and improvements,
maintenance repairs, and supplies. Educational purposes also includes student
transportation expenses.
All collections of all taxes levied for fiscal years ending before 1996 under
this
Section or under Sections 34-53.2, 34-53.3, 34-58, 34-60, or 34-62 of this
Article as in effect prior to this amendatory Act of 1995 may be used for any
educational purposes as defined by this amendatory Act of 1995 and need not be
used for the particular purposes for which they were levied.
The levy and extension of taxes pursuant to this Section as amended by this
amendatory Act of 1995 shall not constitute a new or increased tax rate within
the meaning of the Property Tax Extension Limitation Law or the One-year
Property Tax Extension Limitation Law.
The rate at which taxes may be levied for the fiscal year beginning
September
1, 1996, for educational purposes shall be the full rate authorized by this
Section for such taxes for fiscal years ending after 1995.
(Source: P.A. 99-521, eff. 6-1-17; 100-465, eff. 8-31-17.)
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(105 ILCS 5/34-53.1) (from Ch. 122, par. 34-53.1)
Sec. 34-53.1.
Supplemental tax levy.
When a supplemental budget
has been adopted by the board of education under Section 34-44.1 the
board of education may levy supplemental taxes which shall not exceed the
amount of the increase in revenues projected in the supplemental budget
nor exceed the maximum rates of taxes which the board is authorized
by law to levy for the fiscal year to which the increase applies for the
respective purposes. With respect to any supplemental levy based on an
increase in the value of taxable property in the school district, such
supplemental levy shall be adopted within 60 days of the date of the final
certification of the equalization rate by the Department of Revenue to the
county clerk as provided in the Property Tax Code, irrespective of whether the adoption occurs within or after the
close of the fiscal year to which the increase applies. The board is
authorized to levy supplemental taxes pursuant to this Section.
(Source: P.A. 88-670, eff. 12-2-94.)
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(105 ILCS 5/34-53.2) (from Ch. 122, par. 34-53.2)
Sec. 34-53.2.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-53.3) (from Ch. 122, par. 34-53.3)
Sec. 34-53.3.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-53.5)
Sec. 34-53.5.
Capital improvement tax levy; purpose; maximum amount.
(a) For the purpose of providing a reliable source of revenue for capital
improvement purposes, including without limitation (i) the construction and
equipping of a new school building or buildings or an addition or additions to
an existing school building or buildings, (ii) the purchase of school grounds
on which any new school building or an addition to an existing school building
is to be constructed or located, (iii) both items (i) and (ii) of this
subsection (a), or (iv) the rehabilitation, renovation, and equipping of an
existing school building or buildings, the board may levy, upon all taxable
property of the school district, in calendar year 2003, a capital improvement
tax to produce, when extended, an amount not to exceed the product attained by
multiplying (1) the percentage increase, if any, in the Consumer Price Index
for All Urban Consumers for all items published by the United States Department
of Labor for the 12 months ending 2 months prior to the month in which the levy
is adopted by (2) $142,500,000. For example, if the percentage increase in the
Consumer Price Index is 2.5%, then the computation would be $142,500,000 x
0.025 = $3,562,500.
(b) In each calendar year from 2004 through 2030, the board may levy a
capital improvement tax to produce, when extended, an amount not to exceed the
sum of (1) the maximum amount that could have been levied by the board in the
preceding calendar year pursuant to this Section and (2) the product obtained
by multiplying (A) the sum of (i) the maximum amount that could have been
levied by the board in the preceding calendar year pursuant to this Section and
(ii) $142,500,000 by (B) the percentage increase, if any, in the Consumer Price
Index for All Urban Consumers for all items published by the United States
Department of Labor for the 12 months ending 2 months prior to the month in
which the levy is adopted.
(c) In calendar year 2031, the board may levy a capital improvement tax to
produce, when extended, an amount not to exceed the sum of (1) the maximum
amount that could have been levied by the board in calendar year 2030 pursuant
to this Section, (2) $142,500,000, and (3) the product obtained by multiplying
(A) the sum of (i) the maximum amount that could have been levied by the board
in calendar year 2030 pursuant to this Section and (ii) $142,500,000 by (B) the
percentage increase, if any, in the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor for
the 12 months ending 2 months prior to the month in which the levy is adopted.
(d) In calendar year 2032 and each calendar year thereafter, the board may
levy a capital improvement tax to produce, when extended, an amount not to
exceed the sum of (1) the maximum amount that could have been levied by the
board in the preceding calendar year pursuant to this Section and (2) the
product obtained by multiplying (A) the maximum amount that could have been
levied by the board in the preceding calendar year pursuant to this Section by
(B) the percentage increase, if any, in the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor for
the 12 months ending 2 months prior to the month in which the levy is adopted.
(e) An initial tax levy made by the board under this Section
must have the
approval of
the Chicago City Council, by resolution, before the levy may be extended.
The board shall communicate its adoption of the initial tax levy by
delivering a certified copy of the levy resolution to the Clerk of the City of
Chicago. The Chicago City Council shall have 60 days after receipt, by
the Clerk of the City of Chicago, of the certified resolution to approve or
disapprove the levy. The failure of the Chicago City Council to take
action to approve or disapprove the initial tax levy within the 60-day
period shall be deemed disapproval of the initial tax levy.
Upon the adoption of each subsequent levy by the board under this Section, the
board must notify the Chicago City Council that the board has adopted the
levy.
(f) The board may issue bonds, in accordance with the Local Government Debt
Reform Act, including Section 15 of that Act, against any revenues to be
collected from the capital improvement tax in any year or years and may pledge,
pursuant to Section 13 of the Local Government Debt Reform Act, those revenues
as security for the payment of any such bonds.
(Source: P.A. 92-547, eff. 6-13-02.)
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(105 ILCS 5/34-53A)
Sec. 34-53A.
(Repealed).
(Source: P.A. 89-15, eff. 5-30-95. Repealed by P.A. 89-698, eff. 1-14-97.)
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(105 ILCS 5/34-54)
Sec. 34-54. (Repealed).
(Source: P.A. 86-1477. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-54.1) (from Ch. 122, par. 34-54.1)
Sec. 34-54.1.
Tax levies and extensions.
The annual tax rates and the
several tax
levies authorized to be made shall be: (i) for each fiscal year through and
including the 1995-96 fiscal year, for a fiscal year commencing
September
1 and ending August 31; (ii) for the 1996-97 fiscal year, for a fiscal year
commencing September 1 and ending June 30; and (iii) for each subsequent fiscal
year, for a fiscal year commencing July 1 and ending June 30.
Notwithstanding any provision in this Article 34 to the contrary, by the last
Tuesday in December of each calendar year, the board of education may levy
upon
all the taxable property of the district or city, the annual taxes
required to provide the necessary revenue to defray expenditures,
charges and liabilities incurred by the board for the fiscal year beginning
in that calendar year. The levy may be
based upon the estimated
equalized assessed valuation provided the county clerk shall extend for
collection only so much thereof as is permitted by law. The total amount of the
levy shall be certified to the county clerk who shall extend for
collection only so much thereof as is required to provide the necessary
revenue to defray expenditures, charges and liabilities incurred by the
board as certified by the controller of the board to the county clerk
upon the value, as equalized or assessed by the Department of Revenue
for the calendar year in which the levy was made.
The county clerk shall thereafter in the succeeding calendar year extend
such remaining amount of the levy as is certified by the controller of
the board to the county clerk upon the value, as equalized or assessed
by the Department of Revenue for such calendar year.
In each year the county clerk shall extend taxes at a rate sufficient to
produce the full amount of the 2 partial levies attributable to that tax
year. Provided, however, and notwithstanding the provisions of any other
law to the contrary:
(a) the extension of taxes levied for fiscal years ending before 1996 for
building purposes and school
supervised playground outside school hours and stadia, social center and
summer swimming pool purposes which the county clerk shall make against the
value of all taxable property of the district or city, as equalized or
assessed by the Department of Revenue, shall be at the respective maximum
rates at
which the board was authorized to levy taxes for such purposes for the fiscal year which ends in
1995; and (b) notwithstanding any other provision of
this
Code, in each calendar year the taxes for
educational purposes shall be extended at
a rate
certified by the controller as referred to in this Section, which rate
shall not be in excess of the maximum rate for the
levy of
taxes for educational purposes, occurring in the fiscal year which begins in
the calendar year of the extension, (whether or not actually levied at that
rate)
except for calendar year 1995 in which the rate shall not be in excess of the
maximum rate which would be provided for the levy of taxes for educational
purposes for the fiscal year which begins in 1995 without regard to this
amendatory Act of 1995. In
calendar year 1995,
the county clerk shall extend any special education purposes tax which was
levied as provided in Section 34-53.2 in full in the calendar year
following
the year in which the levy of such a tax was made.
(Source: P.A. 88-511; 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-54.2) (from Ch. 122, par. 34-54.2)
Sec. 34-54.2. Taxes levied in 1989 and 1990.
(a) All real property taxes levied by the board in 1989 and 1990 are
confirmed and validated, and are declared to be and are valid, in all
respects as if they had been timely and properly levied by the city council
upon the demand and direction of the Board. It shall not be a valid ground
for any person in any way to object to, protest, bring any proceeding with
regard to or defend against the collection of any such taxes, that the
taxes were levied by the board.
(b) The board may levy taxes against all taxable property located within
the city in an amount equal to all taxes purported to be levied by the
board in 1989 and in 1990, for each purpose for which taxes were purported
so to be levied, to the extent those taxes shall not yet have been extended
for collection at the time of the levy authorized by this paragraph (b).
The taxes authorized to be levied by this paragraph (b) shall be levied by
a resolution of the board selected pursuant to Public Act 86-1477.
The resolution shall be adopted upon concurrence of a majority of the
members of the board. The taxes levied pursuant to this paragraph (b) shall
be extended for collection in 1991 and subsequent years and in amounts so
that they do not exceed the maximum rates at which taxes may be extended
for the various school purposes, all as shall be set forth in a certificate
of the controller of the board as provided in Section 34-54.1 of this
Code. Taxes levied pursuant to this paragraph (b) shall be in
addition to all other taxes which have been or may be levied by or for the
board, except that the extension of taxes levied pursuant to this paragraph
(b), to the extent valid and legal in all respects, shall be an abatement
of the same amount of taxes previously purported to be levied by the board
which were to have been extended in the same year for the same purpose, it
being the intention of the General Assembly that there not be extended
duplicate taxes for the same year and purpose. It shall not be necessary
that the board give any notice or conduct any hearings for any purpose
whatsoever or to have adopted any proceedings with respect to any budget,
in connection with the levy and extension of taxes pursuant to this
paragraph (b). The board shall cause a certified copy of its resolution
levying taxes pursuant to this paragraph (b) to be filed with the county
clerk of each county in which any taxable property in the city is located
within 30 days after the adoption of the resolution.
(Source: P.A. 100-201, eff. 8-18-17.)
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(105 ILCS 5/34-55) (from Ch. 122, par. 34-55)
Sec. 34-55.
Expenditures in excess of receipts.
The board shall not add
to the expenditures for school purposes anything above the amount received
from the State common school fund, the rental of school lands or property,
funds otherwise received, and the amount of school taxes levied and to be
levied for educational and for building purposes. If the board does so add
to such expenditures the city shall not be liable therefor. The board is
authorized to levy all taxes as provided for in this Article.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34-56) (from Ch. 122, par. 34-56)
Sec. 34-56. Amount to cover loss and cost of collecting tax not added.
In ascertaining the rate per cent that will produce the amount of any
tax levied pursuant to the authority granted by Section 34-53,
the county clerk shall not add any amount to cover the loss and cost of
collecting the tax.
(Source: P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-57) (from Ch. 122, par. 34-57)
Sec. 34-57.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-58) (from Ch. 122, par. 34-58)
Sec. 34-58.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-59) (from Ch. 122, par. 34-59)
Sec. 34-59.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-60) (from Ch. 122, par. 34-60)
Sec. 34-60.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-61) (from Ch. 122, par. 34-61)
Sec. 34-61.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-62) (from Ch. 122, par. 34-62)
Sec. 34-62.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-63) (from Ch. 122, par. 34-63)
Sec. 34-63.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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(105 ILCS 5/34-64) (from Ch. 122, par. 34-64)
Sec. 34-64.
Numbering warrants-Contents-Interest.
Warrants issued under Sections 34-24, 34-59, and 34-63 shall be
numbered consecutively in the order of their issuance and shall show upon
their face that they are payable solely from the respective taxes when
collected and that payment thereof will be made in the order of their
issuance, beginning with the warrant having the lowest number, and shall be
received by any collector of taxes in payment of taxes against which they
are issued and such taxes against which the warrants are drawn shall be set
apart for their payment. The warrants shall bear interest, payable out of
the taxes against which they are drawn, at a rate of not to exceed 7% per
annum if issued before July 1, 1971 and if issued thereafter at the rate of
not to exceed 6% per annum, from the date of their issuance until paid or
until notice is given by publication in a newspaper or otherwise that the
money for their payment is available and that they will be paid on
presentation.
(Source: P.A. 76-1966.)
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(105 ILCS 5/34-65) (from Ch. 122, par. 34-65)
Sec. 34-65.
Refunding bonds authorized - Interest.
Whenever any school district described in this Article has outstanding
bonds which are binding and subsisting legal obligations, and the proceeds
of taxes levied for the payment of the principal of and interest on such
bonds have not been collected and are not available for such payments when
due, the board may issue refunding bonds for an amount sufficient to pay and
discharge any of the outstanding bonds with accrued interest. The refunding
bonds shall bear interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued
before January 1, 1972 and not more than
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, if issued after
January 1, 1972 and shall mature within 20 years from the date thereof.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of Public
Act 86-4 (June 6, 1989), it is and always has been the
intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4; 86-930; 86-1028.)
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(105 ILCS 5/34-66) (from Ch. 122, par. 34-66)
Sec. 34-66.
Resolution for refunding bonds - Name in which issued -
Signatures.
Whenever the board desires to issue refunding bonds under Section 34-65,
it shall adopt a resolution designating the purpose and fixing the
amount of the bonds proposed to be issued, the maturity thereof, the rate
of interest thereon, and the amount of taxes to be levied annually for the
purpose of paying the interest on and the principal of the bonds.
Refunding bonds shall be issued in the corporate name of the school
district. They shall be signed by the president and the secretary of the
board.
(Source: P.A. 86-930.)
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(105 ILCS 5/34-67) (from Ch. 122, par. 34-67)
Sec. 34-67.
Sale
or exchange of bonds - Use of proceeds.
Refunding bonds issued under Section 34-65 may be exchanged on the
basis of par for par for the bonds being refunded and described in the
authorizing resolution, or may be sold at not less than par under the direction
of the board, and the proceeds thereof
shall be received by the city treasurer, as school treasurer, and shall be
kept in a separate fund to be used solely for the purpose of paying the
principal and interest on the bonds so refunded. All bonds refunded shall
be cancelled.
(Source: P.A. 86-930.)
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(105 ILCS 5/34-68) (from Ch. 122, par. 34-68)
Sec. 34-68.
Issuance without submission to voters.
The
board may provide that the resolutions authorizing issuance
of refunding bonds issued under Section 34-65 shall be effective
without the submission thereof to the voters of the school
district or city for approval.
The validity of each refunding bond so executed shall remain
unimpaired, although one or more of the signing officers have
ceased to be such officer or officers before the delivery of
the bond to the purchaser.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34-69) (from Ch. 122, par. 34-69)
Sec. 34-69.
Tax for payment of refunding bonds.
Before or at the time of issuing refunding bonds authorized by Section
34-65 the board shall provide for the collection of a direct annual tax
upon all the taxable property of the school district, sufficient to pay and
discharge the principal thereof at maturity and to pay the interest thereon
as it falls due. Upon the filing in the office of the county clerk of the
county wherein such school district is located of a duly certified copy of
any such ordinance it shall be the duty of such county clerk to extend the
tax therein provided for.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34-70) (from Ch. 122, par. 34-70)
Sec. 34-70.
Tax
for payment of refunded bonds-Reduction of levy.
If the proceeds of the refunding bonds authorized by Section 34-65 have
been used for the payment of any outstanding bonds of the board, or the
refunding bonds have been exchanged for outstanding bonds, and thereafter
any portion of the respective taxes levied for the purpose of paying the
principal of and interest on the outstanding bonds so paid or exchanged is
collected, the money so received shall be placed in the bond and interest
sinking fund of the board and used for the purpose of paying the principal
of and interest on the refunding bonds issued under Section 34-65 and the
taxes thereafter to be extended to pay the refunding bonds shall be reduced
by that amount by the county clerk upon receipt of a certified copy of a
resolution which must be adopted by the board directing such reduction. A
certified copy of the resolution shall be filed with the county clerk of
the county, and it shall thereupon be the duty of such official to reduce
and extend the tax levy in accordance with the terms of the resolution.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-71) (from Ch. 122, par. 34-71)
Sec. 34-71.
Authority cumulative.
The authority granted in Sections 34-65 through 34-70, is cumulative
authority for the issuance of bonds and shall not be held to repeal any
laws with respect thereto.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-72)
Sec. 34-72. (Repealed).
(Source: P.A. 86-1477. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-73) (from Ch. 122, par. 34-73)
Sec. 34-73. Certain taxes additional to maximum otherwise authorized -
not reducible. Each of the taxes authorized to be levied by Sections 34-33,
34-39, 34-53.2, 34-53.3, 34-54.1, 34-57, 34-58, 34-60, 34-62, and 34-69 of this Code, and by Section 17-128 of the "Illinois Pension Code"
shall be in addition to and exclusive of the maximum of all other taxes
which the school district is authorized by law to levy upon the aggregate
valuation of all taxable property within the school district or city and
the county clerk in reducing taxes under the provisions of the Property Tax
Code shall not consider any of such
taxes therein authorized as a part of the tax levy of the school district or
city required to be included in the aggregate of all taxes to be reduced and no
reduction of any tax levy made under the Property Tax Code shall diminish any amount appropriated or levied for
any such tax.
(Source: P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-74) (from Ch. 122, par. 34-74)
Sec. 34-74. Custody of school moneys. Except as provided in Article 34A and Section 34-29.2 of this
Code, all moneys raised by taxation for school purposes, or
received from
the state common school fund, or from any other source for school
purposes, shall be held by the city treasurer, ex-officio, as school
treasurer, in separate funds for school purposes, subject to the order
of the board upon
(i) its warrants signed by its president and secretary and
countersigned by the mayor and city comptroller
or (ii) its checks, as
defined in Section 3-104 of the Uniform Commercial Code, signed by its
president, secretary, and comptroller and countersigned by the mayor and city
comptroller.
(Source: P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-75) (from Ch. 122, par. 34-75)
Sec. 34-75.
Duties of city treasurer as to school moneys.
The city treasurer shall, as school treasurer, secure and safely keep
all school moneys and shall maintain a separate bank account for capital
project funds and process only transactions related to capital projects
through those accounts, subject to the control and direction of the
board, provided that the amount of interest or other investment earnings
in such accounts may be from time to time withdrawn by the board and any
amounts so withdrawn by the board may be used for any lawful purpose. He
shall, subject to the limitations in this Article, keep his books and
accounts concerning such moneys in the manner prescribed by the board. His
books and accounts shall always be subject to the inspection of the board,
or any member thereof. He shall at the end of each month, and oftener if
required, render under oath an account to the board showing the state of
the school treasury at the date of the account and the balance of money in
the treasury. He shall accompany such accounts with a statement of all
moneys received into the school treasury, and on what account, together
with all warrants redeemed and paid by him; which warrants and all vouchers
held by him shall be delivered to the business manager of the board and
filed with his account in the business manager's office upon every day of
such settlement. He shall return all warrants paid by him stamped or marked
"Paid". He shall keep a register of all warrants redeemed and paid, which
shall describe such warrants and show the date, amount, number, the fund
from which paid, the name of the person to whom and when paid.
(Source: P.A. 82-156.)
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(105 ILCS 5/34-76) (from Ch. 122, par. 34-76)
Sec. 34-76.
Unpaid warrants for wages.
When a warrant issued for the wages of a teacher or other employee is
presented to the school treasurer and is not paid for want of funds, the
school treasurer shall endorse it over his signature, "not paid for want of
funds," with the date of presentation, and shall make and keep a record of
such endorsement. The warrant shall thereafter bear interest at the rate of
7% per annum if issued before January 1, 1972 or at the rate of 6% per
annum if issued after January 1, 1972, until the school treasurer notifies
the president of the board in writing that he has funds to pay it. The
school treasurer shall make and keep a record of such notices and hold the
funds necessary to pay the warrant until it is presented. The warrant shall
draw no interest after notice is given to the president of the board.
(Source: P.A. 76-2012.)
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(105 ILCS 5/34-77) (from Ch. 122, par. 34-77)
Sec. 34-77.
Depositories.
The school treasurer may be required to keep all moneys in his hands
belonging to the board in such places of deposit as may be ordered by the
city council but he shall not be required to deposit such moneys elsewhere
than in a savings and loan association or a regularly organized bank.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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(105 ILCS 5/34-78) (from Ch. 122, par. 34-78)
Sec. 34-78.
Money kept separate-Unlawful use.
The school treasurer shall keep all moneys in his hands belonging to the
board separate from his own moneys, and shall not use, either directly or
indirectly, the school moneys or warrants in his custody and keeping for
his own use and benefit or that of any other person. If the school
treasurer violates this section, the city council may immediately remove
him from office and declare his office vacant.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-79) (from Ch. 122, par. 34-79)
Sec. 34-79.
Annual account of treasurer.
The school treasurer shall annually, between the first and tenth of
March 1973, between the first and tenth of March 1974, between the first
and tenth of November 1974 and between the first and tenth of November of
each year thereafter, file with the controller of the board a detailed
account of all receipts and expenditures and of all his transactions during
the preceding fiscal year. The account shall show the state of the school
treasury at the close of the fiscal year. The account shall immediately be
published in the proceedings of the board.
(Source: P.A. 77-2734.)
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(105 ILCS 5/34-80) (from Ch. 122, par. 34-80)
Sec. 34-80.
Liability on treasurer's bond.
The school treasurer shall be liable on his official bond as city
treasurer for the proper performance of his duties and the conservation of
all moneys held by him under this article. It is hereby made the duty of
the city council in fixing the amount, the penalty and conditions of said
official bond to do so in such manner as will save the board from any loss.
This Section does not prevent the city council from designating a bank
or savings and loan association as a depository of school moneys in the
manner prescribed in the "Revised
Cities and Villages Act", as amended and Section 34-77.
(Source: P.A. 83-541.)
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(105 ILCS 5/34-81) (from Ch. 122, par. 34-81)
Sec. 34-81.
Interest on fund.
Neither the treasurer nor any other officer having the custody of public
school funds is entitled to retain any interest accruing thereon, but such
interest shall accrue and inure to the benefit of such funds respectively,
become a part thereof and be paid into the city treasury, subject to the
purposes of this Act.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34-82) (from Ch. 122, par. 34-82)
Sec. 34-82.
Designation of person to sign for president.
The president of the board, with the approval of the board, may
designate one or more persons who shall have authority, when directed to
do so by the president, to affix the signature of the president to any
bond, warrant, certificate, contract or any other written instrument,
which by law is required to be signed by the president of the board.
When the signature of the president of the board is so affixed to a
written instrument, it shall be as binding upon the board as if signed
by the president thereof. Whenever the president of the board desires to
designate a person to affix the signature of the president to any bond,
warrant, certificate, contract or any other written instrument, he shall
send a written notice to the board containing the name of the person he
has selected and a designation of the instrument or instruments such
person shall have authority to sign. Attached to the notice shall be the
written signature of the president of the board, executed by the person
so designated, with the signature of the person so designated
underneath. The notice shall be filed with the secretary and presented
at the next meeting of the board for its approval and shall be printed
in its proceedings.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/prec. Sec. 34-83 heading)
TEACHERS--EMPLOYMENT AND RETIREMENT
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(105 ILCS 5/34-83)
Sec. 34-83. (Repealed).
(Source: P.A. 91-102, eff. 7-12-99. Repealed by P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22.)
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(105 ILCS 5/34-83.1) (from Ch. 122, par. 34-83.1)
Sec. 34-83.1.
Residence Requirements.
Residency within any school district
governed by this Article, if not required at the time of employment as a
qualification of employment, shall not be considered in determining the
compensation of a teacher or whether to retain, promote, assign or transfer
that teacher.
(Source: P.A. 82-381.)
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(105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
(Text of Section from P.A. 103-85)
Sec. 34-84. Appointments and promotions of teachers. Appointments and
promotions of teachers shall be made for merit
only, and after satisfactory service for a probationary period of 3 years
with respect to probationary employees employed as full-time teachers in the
public school system of the district before January 1, 1998 and 4 years with
respect to probationary employees who are first employed as full-time teachers
in the public school system of the district on or after January 1, 1998,
during which period the board may dismiss or discharge any
such probationary employee upon the recommendation, accompanied by the
written reasons therefor, of the general superintendent of schools and after which period
appointments of teachers shall become permanent, subject to removal for cause
in the manner provided by Section 34-85.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who receives ratings of "excellent" during his or her first 3 school terms of full-time service, the probationary period shall be 3 school terms of full-time service.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who had previously entered into contractual continued service in another school district in this State or a program of a special education joint agreement in this State, as defined in Section 24-11 of this Code, the probationary period shall be 2 school terms of full-time service, provided that (i) the teacher voluntarily resigned or was honorably dismissed from the prior district or program within the 3-month period preceding his or her appointment date, (ii) the teacher's last 2 ratings in the prior district or program were at least "proficient" and were issued after the prior district's or program's PERA implementation date, as defined in Section 24-11 of this Code, and (iii) the teacher receives ratings of "excellent" during his or her first 2 school terms of full-time service. For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who has not entered into contractual continued service after 2 or 3 school terms of full-time service as provided in this Section, the probationary period shall be 4 school terms of full-time service, provided that the teacher receives a rating of at least "proficient" in the last school term and a rating of at least "proficient" in either the second or third school term. As used in this Section, "school term" means the school term established by the board pursuant to Section 10-19 of this Code, and "full-time service" means the teacher has actually worked at least 150 days during the school term. As used in this Article, "teachers" means and includes all members of
the teaching force excluding the general superintendent and principals. There shall be no reduction in teachers because of a decrease in
student membership or a change in subject requirements within the
attendance center organization after the 20th day following the first day
of the school year, except that: (1) this provision shall not apply to
desegregation positions, special education positions, or any other positions
funded by State or federal categorical funds, and (2) at attendance centers
maintaining any of grades 9 through 12, there may be a second reduction in
teachers on the first day of the second semester of the regular school
term because of a decrease in student membership or a change in subject
requirements within the attendance center organization.
Teachers who are due to be evaluated in the last year before they are set to retire shall be offered the opportunity to waive their evaluation and to retain their most recent rating, unless the teacher was last rated as "needs improvement" or "unsatisfactory". The school district may still reserve the right to evaluate a teacher provided the district gives notice to the teacher at least 14 days before the evaluation and a reason for evaluating the teacher. The school principal shall make the decision
in selecting teachers to fill new and vacant positions consistent with
Section 34-8.1.
(Source: P.A. 103-85, eff. 6-9-23.)
(Text of Section from P.A. 103-500)
Sec. 34-84. Appointments and promotions of teachers. Appointments and
promotions of teachers shall be made for merit
only, and after satisfactory service for a probationary period of 3 years
with respect to probationary employees employed as full-time teachers in the
public school system of the district before January 1, 1998 or on or after July 1, 2023 and 4 years with
respect to probationary employees who are first employed as full-time teachers
in the public school system of the district on or after January 1, 1998 but before July 1, 2023,
during which period the board may dismiss or discharge any
such probationary employee upon the recommendation, accompanied by the
written reasons therefor, of the general superintendent of schools and after which period
appointments of teachers shall become permanent, subject to removal for cause
in the manner provided by Section 34-85.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who receives ratings of "excellent" during his or her first 3 school terms of full-time service, the probationary period shall be 3 school terms of full-time service.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who had previously entered into contractual continued service in another school district in this State or a program of a special education joint agreement in this State, as defined in Section 24-11 of this Code, the probationary period shall be 2 school terms of full-time service, provided that (i) the teacher voluntarily resigned or was honorably dismissed from the prior district or program within the 3-month period preceding his or her appointment date, (ii) the teacher's last 2 ratings in the prior district or program were at least "proficient" and were issued after the prior district's or program's PERA implementation date, as defined in Section 24-11 of this Code, and (iii) the teacher receives ratings of "excellent" during his or her first 2 school terms of full-time service. For a probationary-appointed teacher in full-time service who has not entered into contractual continued service after 2 or 3 school terms of full-time service as provided in this Section, the probationary period shall be 3 school terms of full-time service, provided that the teacher holds a Professional Educator License and receives a rating of at least "proficient" in the last school term and a rating of at least "proficient" in either the second or third school term. As used in this Section, "school term" means the school term established by the board pursuant to Section 10-19 of this Code, and "full-time service" means the teacher has actually worked at least 150 days during the school term. As used in this Article, "teachers" means and includes all members of
the teaching force excluding the general superintendent and principals. There shall be no reduction in teachers because of a decrease in
student membership or a change in subject requirements within the
attendance center organization after the 20th day following the first day
of the school year, except that: (1) this provision shall not apply to
desegregation positions, special education positions, or any other positions
funded by State or federal categorical funds, and (2) at attendance centers
maintaining any of grades 9 through 12, there may be a second reduction in
teachers on the first day of the second semester of the regular school
term because of a decrease in student membership or a change in subject
requirements within the attendance center organization.
The school principal shall make the decision
in selecting teachers to fill new and vacant positions consistent with
Section 34-8.1.
(Source: P.A. 103-500, eff. 8-4-23.)
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(105 ILCS 5/34-84a) (from Ch. 122, par. 34-84a)
Sec. 34-84a.
Maintenance of discipline.
Subject to the
limitations of all policies established or adopted under Section
14-8.05, teachers, other certificated educational employees, and
any other person, whether or not a certificated employee, providing a related
service for or with respect to a student shall maintain discipline in
the schools, including school grounds which are owned or leased by the
board and used for school purposes and activities.
In all matters
relating to the discipline in and conduct of the schools and the school
children, they stand in the relation of parents and guardians to the
pupils. This relationship shall extend to all activities connected
with the school program, including all athletic and extracurricular
programs, and may be exercised at any time for the
safety and supervision of the pupils in the absence of their parents
or guardians.
Nothing in this Section affects the power of the board
to establish rules with respect to discipline, except that the rules of
the board must provide, subject to the limitations of all policies
established or adopted under Section 14-8.05,
that a teacher, other certificated employee, and any other person, whether or
not a certificated employee, providing a related service for or with respect to
a student may
use reasonable force as needed to maintain safety for the other students,
shall provide that a teacher may remove a student from the classroom
for disruptive behavior, and
must include provisions which provide due process to students.
(Source: P.A. 89-184, eff. 7-19-95.)
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(105 ILCS 5/34-84a.1) (from Ch. 122, par. 34-84a.1)
Sec. 34-84a.1. Principals shall report incidents of intimidation. The
principal of each attendance center shall promptly notify and report to the
local law enforcement authorities for inclusion in the Department of State
Police's Illinois Uniform Crime Reporting Program each incident of
intimidation of which he or she has knowledge and each alleged incident of
intimidation which is reported to him or her, either orally or in writing,
by any pupil or by any teacher or other certificated or non-certificated
personnel employed at the attendance center. "Intimidation" shall have the
meaning ascribed to it by Section 12-6 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(105 ILCS 5/34-84b) (from Ch. 122, par. 34-84b)
Sec. 34-84b. Conviction of sex or narcotics offense, first degree murder,
attempted first degree murder, or Class X felony as grounds for
revocation
of certificate. (a) Whenever the holder of any certificate issued by the board
of education has been convicted of any sex offense or narcotics offense
as defined in this Section, the board of education shall forthwith suspend
the certificate. If the conviction is reversed and the holder is acquitted
of the offense in a new trial or the charges against him are dismissed,
the board shall forthwith terminate the suspension of the certificate.
When the conviction becomes final, the board shall forthwith revoke the
certificate. "Sex offense" as used in this Section means any one or more
of the following offenses: (1) any offense defined in Sections 11-6,
11-9, and 11-30, Sections
11-14 through 11-21, inclusive, and Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012; (2) any attempt to commit any of the foregoing
offenses, and (3) any offense committed or attempted in any other state
which, if committed or attempted in this State, would have been punishable
as one or more of the foregoing offenses. "Narcotics offense" as used in
this Section means any one or more of the following offenses: (1) any offense
defined in the Cannabis Control Act except those defined in Sections 4(a),
4(b) and 5(a) of that Act and any offense for which the holder of any
certificate
is placed on probation under the provisions of Section 10 of that Act and
fulfills the terms and conditions of probation as may be required by the
court; (2) any offense defined in the Illinois
Controlled Substances Act except any offense for which the holder of any
certificate is placed on probation under the provisions of Section 410 of
that Act and fulfills the terms and conditions of probation as may be required
by the court; (3) any offense defined in the Methamphetamine Control and Community Protection Act except any offense for which the holder of any certificate is placed on probation under the provision of Section 70 of that Act and fulfills the terms and conditions of probation as may be required by the court; (4) any attempt to commit any of the foregoing
offenses; and (5) any offense committed or attempted in any other state
or against the laws of the United States which, if committed or attempted
in this State, would have been punishable as one or more of the foregoing
offenses.
(b) Whenever the holder of any certificate issued by the board of
education or pursuant to Article 21 or any other provisions of the School Code
has been convicted of first degree
murder, attempted first degree murder, or a
Class X felony, the board of education or the State Superintendent of
Education shall forthwith suspend the certificate. If the conviction is
reversed and the holder is acquitted of that offense in a new trial or the
charges that he or she committed that offense are dismissed, the suspending
authority shall forthwith terminate the suspension of the certificate. When
the conviction becomes final, the State Superintendent of Education shall
forthwith revoke the certificate. The stated offenses of "first degree
murder", "attempted first degree murder", and "Class X felony" referred to in
this Section include any offense committed in another state that, if committed
in this State, would have been punishable as any one of the stated offenses.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(105 ILCS 5/34-84.1) (from Ch. 122, par. 34-84.1)
Sec. 34-84.1.
Teachers employed in Department of Defense overseas dependents' schools.
By mutual agreement of a teacher and the board of education, the board may,
but is not required to, grant the teacher a leave of absence to accept
employment in a Department of Defense overseas dependents' school. If such
a leave of absence is granted, the teacher may elect, for a period not
exceeding the lesser of the period for which he is so employed or 5 years,
(a) to preserve his permanent status under this Act, and (b) to continue
receipt, on the same basis as if he were teaching in the school system
subject to the board of education, of service credit earned for
requirements of promotion, incremental increases in salary, leaves of
absence and other privileges based on an established period of service or
employment.
A person employed to replace a teacher making the election provided for
in this Section does not acquire permanent status as a teacher under this
Article.
(Source: Laws 1967, p. 1999.)
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(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
Sec. 34-85. Removal for cause; notice and hearing; suspension. (a) No
teacher employed by the board of education shall (after serving the
probationary period specified in Section 34-84) be removed
except for cause. Teachers (who have completed the probationary period specified in Section 34-84 of this Code) shall be removed for cause in accordance with the procedures set forth in this Section or, at the board's option, the procedures set forth in Section 24-16.5 of this Code or such other procedures established in an agreement entered into between the board and the exclusive representative of the district's teachers under Section 34-85c of this Code for teachers (who have completed the probationary period specified in Section 34-84 of this Code) assigned to schools identified in that agreement. No principal employed by the board of education shall be
removed during the term of his or her performance contract except for
cause, which may include but is not limited to the principal's repeated
failure to implement the school improvement plan or to comply with the
provisions of the Uniform Performance Contract, including additional
criteria established by the Council for inclusion in the performance
contract pursuant to Section 34-2.3.
Before service of notice of charges on account of causes that may be deemed to be remediable, the teacher or principal must be given reasonable warning in writing, stating specifically the causes that, if not removed, may result in charges; however, no such written warning is required if the causes have been the subject of a remediation plan pursuant to Article 24A of this Code or if the board and the exclusive representative of the district's teachers have entered into an agreement pursuant to Section 34-85c of this Code, pursuant to an alternative system of remediation. No written warning shall be required for conduct on the part of a teacher or principal that is cruel, immoral, negligent, or criminal or that in any way causes psychological or physical harm or injury to a student, as that conduct is deemed to be irremediable. No written warning shall be required for a material breach of the uniform principal performance contract, as that conduct is deemed to be irremediable; provided that not less than 30 days before the vote of the local school council to seek the dismissal of a principal for a material breach of a uniform principal performance contract, the local school council shall specify the nature of the alleged breach in writing and provide a copy of it to the principal. (1) To initiate dismissal proceedings against a | ||
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(2) No hearing upon the charges is required unless | ||
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(3) The board shall maintain a list of at least 9 | ||
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Within 5 business days after receiving the notice of | ||
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(4) If the notice of dismissal was sent to the | ||
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(5) The teacher or the principal charged is required | ||
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The hearing officer shall commence the hearing within | ||
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(5.5) In the case of charges involving any witness | ||
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(6) The hearing officer shall within 30 calendar days | ||
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(6.5) If any hearing officer fails without good | ||
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(7) The board, within 45 days of receipt of the | ||
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(8) The teacher may seek judicial review of the | ||
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(9) Any hearing convened during a public health | ||
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In this paragraph, "pre-hearing procedures" refers to | ||
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(b) Nothing in this Section affects the validity of removal for cause hearings
commenced prior to June 13, 2011 (the effective date of Public Act 97-8).
The changes made by Public Act 97-8 shall apply to dismissals instituted on or after September 1, 2011 or the effective date of Public Act 97-8, whichever is later. Any dismissal instituted prior to the effective date of these changes must be carried out in accordance with the requirements of this Section prior to amendment by Public Act 97-8. (Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24.)
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(105 ILCS 5/34-85b)
Sec. 34-85b. (Repealed).
(Source: P.A. 95-510, eff. 8-28-07. Repealed by P.A. 97-8, eff. 6-13-11.)
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(105 ILCS 5/34-85c) Sec. 34-85c. Alternative procedures for teacher evaluation, remediation, and removal for cause after remediation. (a) Notwithstanding any law to the contrary, the board and the exclusive representative of the district's teachers are hereby authorized to enter into an agreement to establish alternative procedures for teacher evaluation, remediation, and removal for cause after remediation, including an alternative system for peer evaluation and recommendations; provided, however, that no later than September 1, 2012: (i) any alternative procedures must include provisions whereby student performance data is a significant factor in teacher evaluation and (ii) teachers are rated as "excellent", "proficient", "needs improvement" or "unsatisfactory". Pursuant exclusively to that agreement, teachers assigned to schools identified in that agreement shall be subject to an alternative performance evaluation plan and remediation procedures in lieu of the plan and procedures set forth in Article 24A of this Code and alternative removal for cause standards and procedures in lieu of the removal standards and procedures set forth in Section 34-85 of this Code. To the extent that the agreement provides a teacher with an opportunity for a hearing on removal for cause before an independent hearing officer in accordance with Section 34-85 or otherwise, the hearing officer shall be governed by the alternative performance evaluation plan, remediation procedures, and removal standards and procedures set forth in the agreement in making findings of fact and a recommendation. (a-5) If the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act that suspends in-person instruction, the timelines connected to the commencement and completion of any remediation plan are paused. Except where the parties mutually agree otherwise and such agreement is in writing, any remediation plan that had been in place for 45 or more days prior to the suspension of in-person instruction shall resume when in-person instruction resumes; any remediation plan that had been in place for fewer than 45 days prior to the suspension of in-person instruction shall discontinue and a new remediation period will begin when in-person instruction resumes. (a-10) No later than September 1, 2022, the school district must establish a teacher evaluation plan that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is evaluated at least once in the course of the 3 school years after receipt of the rating and establish an informal teacher observation plan that ensures that each teacher in contractual continued service whose performance is rated as either "excellent" or "proficient" is informally observed at least once in the course of the 2 school years after receipt of the rating. (a-15) For the 2022-2023 school year only, if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the school district may waive the evaluation requirement of any teacher in contractual continued service whose performance was rated as either "excellent" or "proficient" during the last school year in which the teacher was evaluated under this Section. (b) The board and the exclusive representative of the district's teachers shall submit a certified copy of an agreement as provided under subsection (a) of this Section to the State Board of Education.(Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22; 102-729, eff. 5-6-22.) |
(105 ILCS 5/34-85d) Sec. 34-85d. Teacher evaluation; copies. Notwithstanding any other provision of law to the contrary, the school district shall provide all copies of teacher evaluations to the exclusive bargaining representative of the school district's teachers within 7 days after issuing the evaluations.
(Source: P.A. 100-682, eff. 1-1-19.) |
(105 ILCS 5/34-85e) Sec. 34-85e. COVID-19 sick leave. For purposes of this Section, "employee" means a person employed by the school district on or after the effective date of this amendatory Act of the 102nd General Assembly. Any sick leave used by a teacher or employee during the 2021-2022 school year shall be returned to a teacher or employee who receives all doses required to be fully vaccinated against COVID-19, as defined in Section 34-18.78 of this Code, if: (1) the sick leave was taken because the teacher or | ||
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(A) had a confirmed positive COVID-19 diagnosis | ||
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(B) had a probable COVID-19 diagnosis via an | ||
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(C) was in close contact with a person who had a | ||
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(D) was required by the school or school district | ||
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(2) the sick leave was taken to care for a child of | ||
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(A) had a confirmed positive COVID-19 diagnosis | ||
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(B) had a probable COVID-19 diagnosis via an | ||
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(C) was in close contact with a person who had a | ||
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(D) was required by the school or school district | ||
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Leave shall be returned to a teacher or employee pursuant to this Section provided that the teacher or employee has received all required doses to meet the definition of "fully vaccinated against COVID-19" under Section 34-18.78 of this Code no later than 5 weeks after the effective date of this amendatory Act of the 102nd General Assembly. No school may rescind any sick leave returned to a teacher or employee on the basis of a revision to the definition of "fully vaccinated against COVID-19" by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or the Department of Public Health, provided that the teacher or employee received all doses required to be fully vaccinated against COVID-19, as defined in Section 34-18.78 of this Code, at the time the sick leave was returned to the teacher or employee.
(Source: P.A. 102-697, eff. 4-5-22.) |
(105 ILCS 5/34-87)
Sec. 34-87. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/34-88) (from Ch. 122, par. 34-88)
Sec. 34-88. District and school report cards. The board shall, in accordance with Section 10-17a of the School Code, annually present and disseminate the school district and school report cards prepared by the State Superintendent of Education.
(Source: P.A. 97-671, eff. 1-24-12.)
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(105 ILCS 5/34-128) (from Ch. 122, par. 34-128)
Sec. 34-128.
The Board shall provide free bus transportation for
every child who is a child with a mental disability who is trainable,
as defined in Article 14,
who resides at a distance of one mile or more from any school to which
he is assigned for attendance and who the State Board of Education determines
in advance requires special transportation
service in order to take advantage of special educational facilities.
The board may levy, without regard to any other legally authorized
tax and in addition to such taxes, an annual tax upon all the taxable
property in the school district at a rate not to exceed .005% of the
value, as equalized or assessed by the Department of Revenue,
that will produce an amount not to exceed the annual cost of
transportation provided in accordance with this Section. The board
shall deduct from the cost of such transportation any amount reimbursed
by the State under Article 14. Such levy is authorized in the year
following the school year in which the transportation costs were
incurred by the district.
(Source: P.A. 99-143, eff. 7-27-15.)
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(105 ILCS 5/prec. Sec. 34-200 heading)
SCHOOL ACTION AND FACILITY MASTER PLANNING(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.) |
(105 ILCS 5/34-200) Sec. 34-200. Definitions. For the purposes of Sections 34-200 through 34-235 of this Article: "Capital improvement plan" means a plan that identifies capital projects to be started or finished within the designated period, excluding projects funded by locally raised capital not exceeding $10,000. "Community area" means a geographic area of the City of Chicago defined by the chief executive officer as part of the development of the educational facilities master plan. "Space utilization" means the percentage achieved by dividing the school's actual enrollment by its design capacity. "School closing" or "school closure" means the closing of a school, the effect of which is the assignment and transfer of all students enrolled at that school to one or more designated receiving schools. "School consolidation" means the consolidation of 2 or more schools by closing one or more schools and reassigning the students to another school. "Phase-out" means the gradual cessation of enrollment in certain grades each school year until a school closes or is consolidated with another school. "School action" means any school closing; school consolidation; co-location; boundary change that requires reassignment of students, unless the reassignment is to a new school with an attendance area boundary and is made to relieve overcrowding; or phase-out.
(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; 97-813, eff. 7-13-12.) |
(105 ILCS 5/34-205) Sec. 34-205. Educational facility standards. (a) By January 1, 2012, the district shall publish space utilization standards on the district's website. The standards shall include the following: (1) the method by which design capacity is | ||
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(2) the method to determine efficient use of a school | ||
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(3) the rate of utilization; and (4) the standards for overcrowding and | ||
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(b) The chief executive officer or his or her designee shall publish a space utilization report for each school building operated by the district on the district's website by December 31 of each year. (c) The facility performance standards provisions are as follows: (1) On or before January 1, 2012, the chief executive | ||
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(2) The chief executive officer shall conduct at | ||
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(3) After the chief executive officer has | ||
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(4) The chief executive officer is authorized to | ||
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(5) The final educational facility space utilization | ||
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(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11; 97-813, eff. 7-13-12.) |
(105 ILCS 5/34-210) Sec. 34-210. The Educational Facility Master Plan. (a) In accordance with the schedule set forth in this Article, the chief executive officer or his or her designee shall prepare a 10-year educational facility master plan every 5 years, with updates 2 1/2 years after the approval of the initial 10-year plan, with the first such educational facility master plan to be approved on or before October 1, 2013. (b) The educational facility master plan shall provide community area level plans and individual school master plans with options for addressing the facility and space needs for each facility operated by the district over a 10-year period. (c) The data, information, and analysis that shall inform the educational facility master plan shall be published on the district's Internet website and shall include the following: (1) a description of the district's guiding | ||
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(2) a brief description of the types of | ||
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(3) a description of the process, procedure, and | ||
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(3.5) A description of a communications and community | ||
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(A) community action councils; (B) local school councils or, if not present, | ||
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(C) the Chicago Teachers Union; and (D) all current principals. (4) the enrollment capacity of each school and its | ||
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(5) a report on the assessment of individual building | ||
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(6) a data table with historical and projected | ||
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(7) community analysis, including a study of current | ||
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(8) an analysis of the facility needs and | ||
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(9) identification of potential sources of funding | ||
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(10) any school building disposition, including a | ||
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(d) On or before May 1, 2013, the chief executive officer or his or her designee shall prepare and distribute for comment a preliminary draft of the Educational Facility Master Plan. The draft plan shall be distributed to the City of Chicago, the County of Cook, the Chicago Park District, the Chicago Housing Authority, the Chicago Transit Authority, attendance centers operated by the district, and charter schools operating within the district. Each attendance center shall make the draft plan available to the local school council at the annual organizational meeting or to an alternative advisory body and to the parents, guardians, and staff of the school. The draft plan also shall be distributed to each State Senator and State Representative with a district in the City of Chicago, to the Mayor of the City of Chicago, and to each alderperson of the City. (e) The chief executive or his or her designee shall publish a procedure for conducting regional public hearings and submitting public comments on the draft plan and an annual capital improvement hearing that shall discuss the district's annual capital budget and that is not in conjunction with operating budget hearings. (f) After consideration of public input on the draft plan, the chief executive officer or his or her designee shall prepare and publish a report describing the public input gathered and the process used to incorporate public input in the development of the final plan to be recommended to the Board. (g) The chief executive officer shall present the final plan and report to the Board for final consideration and approval. (h) The final approved Educational Facility Master Plan shall be published on the district's website. (i) No later than July 1, 2016, and every 5 years thereafter, the chief executive officer or his or her designee shall prepare and submit for public comment a draft revised Educational Facility Master Plan following the procedures required for development of the original plan. (j) This proposed revised plan shall reflect the progress achieved during the first 2 1/2 years of the Educational Facility Master Plan.
(k) On or before December 1, 2018, the Board shall adopt a policy to address under-enrolled schools. The policy must contain a list of potential interventions to address schools with declining enrollment, including, but not limited to, action by the district to:
(i) create a request for proposals for joint use of the school with an intergovernmental rental or other outside entity rental,
(ii) except for a charter school, cease any potential plans for school expansion that may negatively impact enrollment at the under-enrolled school,
(iii) redraft attendance boundaries to maximize enrollment of additional students, or
(iv) work with under-enrolled schools to identify opportunities to increase enrollment and lower the costs of occupancy through joint use agreements. (Source: P.A. 102-15, eff. 6-17-21.) |
(105 ILCS 5/34-215) Sec. 34-215. Capital improvement plans. (a) The district shall develop a capital needs review process and one-year and 5-year capital improvement plans. (b) By January 1, 2012, the chief executive officer or his or her designee shall establish a capital needs review process that includes a comprehensive bi-annual assessment of the capital needs at each facility owned, leased, or operated by the district. The review process shall include development of an assessment form to be used by attendance centers to provide a school-based capital, maintenance, utility, and repair needs assessment report and recommendations aligned with the educational program and goals of the attendance center. (c) Beginning with fiscal year 2013 and for each year thereafter, the chief executive officer shall publish a proposed one-year capital improvement plan at least 60 days prior to the end of the prior fiscal year. The proposed one-year capital improvement plan shall be posted on the district's Internet website and shall be subject to public review and comment and at least 3 public hearings. The one-year capital improvement plan shall include the following information for all capital projects for which funds are to be appropriated: (1) description of the scope of the project; (2) justification for the project; (3) status of the project, including, if appropriate, | ||
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(4) original approved cost and current approved cost | ||
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(5) the impact of the project on the district's | ||
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(6) the name of each school and facility affected by | ||
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(7) all funding sources for the project; (8) any relationship of the project to the needs | ||
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(9) any relationship to the district's 10-year | ||
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(10) a description of the scope of work to be done, | ||
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(11) a detailed summary of all modernization, new | ||
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(d) The chief executive officer shall present a final proposed one-year capital improvement plan to the Board for consideration. (e) The Board shall adopt a final one-year capital improvement plan no more than 45 days after adopting the annual budget. (f) Beginning with fiscal year 2013, the chief executive officer shall publish a proposed 5-year capital improvement plan with the proposed one-year capital improvement plan. The 5-year capital improvement plan shall include
proposed capital improvements for the next 4 years and, to the extent practicable, the same information for each proposed project that is required for the one-year capital improvement plan. (g) The 5-year capital improvement plan shall be assessed annually. An annual report shall be published explaining the differences between projected capital projects in the 5-year capital improvement plan and the capital projects authorized in the proposed one-year capital improvement plan for the following fiscal year. The 5-year plan shall be published on the district's Internet website and distributed to all principals.
(Source: P.A. 100-965, eff. 8-19-18.) |
(105 ILCS 5/34-220) Sec. 34-220. Financial transparency. (a) For fiscal year 2012, the chief executive officer shall provide the Board with an annual capital expenditure report within 90 days after the end of the fiscal year. The report shall be published on the district's Internet website. (b) For fiscal year 2013 and thereafter, the chief executive officer shall provide the Board with an annual capital expenditure report within 90 days after the end of the fiscal year. The report shall be published on the district's Internet website. The annual capital expenditure report shall include the following: (1) expenditures on all facilities in which students | ||
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(2) identification of capital projects that aligned | ||
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(3) the levels of appropriation actually provided to | ||
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(4) a summary comparison of annual capital expenses | ||
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(c) A list of all property owned by or leased to the Board shall be published on the district's Internet website by January 1, 2012, and shall be updated annually. For each property listed, the most recent facility standards review and any capital improvement projects that are pending or planned or have been completed in the 2-year period prior to publication shall be outlined. (d) All lease agreements in which the Board is a lessor or lessee shall be published on the district's Internet website for the duration of the lease. Temporary facility use, right of entry, and other temporary license agreements not exceeding one year in duration are not subject to this requirement. (e) The district shall publish on the district's Internet website a summary of the lease agreements in which the Board is a lessor or lessee, including the following: (1) a description of the leasehold; (2) the full legal name of the parties to the | ||
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(3) the term of the agreement; (4) the rent amount; and (5) the party responsible for maintenance, capital | ||
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(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11.) |
(105 ILCS 5/34-222) Sec. 34-222. School attendance boundaries. (a) At least once every 5 years, the Department of School Demographics and Planning ("DSP") shall evaluate the enrollment at existing schools in the school district to determine if there is a need to revise existing boundaries. (1) In reviewing the enrollment at existing schools | ||
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(A) capacities of the school being reviewed and | ||
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(B) current and projected racial and ethnic | ||
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(C) current and projected income level | ||
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(D) geographic barriers; (E) travel time and distance to the school; and (F) program considerations of the school being | ||
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(2) DSP shall submit a written report of its | ||
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(b) If it is determined that there is a need to revise any existing boundaries, DSP shall develop and recommend any proposed changes to the chief executive officer prior to the beginning of the school year in which the changes are to take effect. In addition, DSP shall develop and recommend proposed boundaries for new schools to the chief executive officer prior to the beginning of the school year in which the new school boundaries are to take effect. (1) In developing proposed changes to boundaries | ||
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(A) DSP shall consider the capacities of each | ||
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(B) DSP shall consider the current and | ||
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(C) DSP shall consider geographic barriers so | ||
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(D) DSP shall consider travel time and distance | ||
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(E) DSP shall consider the placement of | ||
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(2) For each proposed attendance boundary, DSP shall | ||
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(c) The chief executive officer shall review the report from DSP and may suggest additional alternatives. The chief executive officer shall report to the Board if he or she recommends any changes to existing boundaries or establishing boundaries for new schools. If the chief executive officer is recommending any changes to existing boundaries or establishing any boundaries for new schools, the chief executive officer shall provide the Board with a report of the alternatives considered, including data on the factors of capacity, current and projected racial and ethnic considerations, geographic barriers, travel time and distance, and program considerations. The chief executive officer shall inform the Board of the alternative that is being recommended. The report shall be made public on the district's website within 30 days after its completion. (d) Prior to taking action on the establishment or revision of any attendance boundaries, the Board shall conduct public hearings on the proposed establishment or revision of attendance boundaries and the chief executive officer's recommendation. Prior to the public hearing, the Board shall make available reports and data on the factors of capacity, current and projected racial and ethnic considerations, geographic barriers, travel time and distance, and program considerations. In making its decision, the Board shall consider the factors of capacity, current and projected racial and ethnic considerations,
geographic barriers, travel time and distance, and program considerations.
(Source: P.A. 102-777, eff. 1-1-23.) |
(105 ILCS 5/34-225) Sec. 34-225. School transition plans. (a) If the Board approves a school action, the chief executive officer or his or her designee shall work collaboratively with local school educators and families of students attending a school that is the subject of a school action to ensure successful integration of affected students into new learning environments. (b) The chief executive officer or his or her designee shall prepare and implement a school transition plan to support students attending a school that is the subject of a school action that accomplishes the goals of this Section. The chief executive must identify and commit specific resources for implementation of the school transition plan for a minimum of the full first academic year after the board approves a school action. (c) The school transition plan shall include the following: (1) services to support the academic, social, and | ||
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(2) options to enroll in higher performing schools; (3) informational briefings regarding the choice of | ||
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(4) the provision of appropriate transportation where | ||
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(5) the departments that are responsible for the | ||
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(6) specific programs to be offered; and (7) support to implement plans at receiving schools, | ||
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(d) When implementing a school action, the Board must make reasonable and demonstrated efforts to ensure that: (1) affected students receive a comparable level of | ||
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(2) class sizes of any receiving school do not exceed | ||
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(Source: P.A. 100-965, eff. 8-19-18.) |
(105 ILCS 5/34-230) Sec. 34-230. School action public meetings and hearings. (a) By October 1 of each year, the chief executive officer shall prepare and publish guidelines for school actions. The guidelines shall outline the academic and non-academic criteria for a school action. These guidelines shall be created with the involvement of local school councils, parents, educators, and community organizations. These guidelines, and each subsequent revision, shall be subject to a public comment period of at least 21 days before their approval. (b) The chief executive officer shall announce all proposed school actions to be taken at the close of the current academic year consistent with the guidelines by December 1 of each year. (c) On or before December 1 of each year, the chief executive officer shall publish notice of the proposed school actions. (1) Notice of the proposal for a school action shall | ||
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(2) The chief executive officer or his or her | ||
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(3) The chief executive officer shall provide written | ||
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(4) The chief executive officer shall publish notice | ||
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(5) The chief executive officer shall provide notice | ||
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(d) The chief executive officer shall publish a brief summary of the proposed school actions and the date, time, and place of the hearings or meetings in a newspaper of general circulation. (e) The chief executive officer shall designate at least 3 opportunities to elicit public comment at a hearing or meeting on a proposed school action and shall do the following: (1) Convene at least one public hearing at the | ||
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(2) Convene at least 2 additional public hearings or | ||
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(f) Public hearings shall be conducted by a qualified independent hearing officer chosen from a list of independent hearing officers. The general counsel shall compile and publish a list of independent hearing officers by November 1 of each school year. The independent hearing officer shall have the following qualifications: (1) he or she must be a licensed attorney eligible to | ||
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(2) he or she must not be an employee of the Board; | ||
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(3) he or she must not have represented the Board, | ||
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The independent hearing officer shall issue a written report that summarizes the hearing and determines whether the chief executive officer complied with the requirements of this Section and the guidelines. The chief executive officer shall publish the report on the district's Internet website within 5 calendar days after receiving the report and at least 15 days prior to any Board action being taken. (g) Public meetings shall be conducted by a representative of the chief executive officer. A summary of the public meeting shall be published on the district's Internet website within 5 calendar days after the meeting. (h) If the chief executive officer proposes a school action without following the mandates set forth in this Section, the proposed school action shall not be approved by the Board during the school year in which the school action was proposed.
(Source: P.A. 101-133, eff. 7-26-19; 102-15, eff. 6-17-21.) |
(105 ILCS 5/34-232) Sec. 34-232. Proposed school action announcement and notice; 2012-2013 school year. The following apply for school actions proposed during the 2012-2013 school year: (1) On or before March 31, 2013, the chief executive | ||
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(2) On or before March 31, 2013, the chief executive | ||
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(3) The chief executive officer shall provide notice | ||
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All other provisions of Section 34-230 of this Code that do not conflict with this Section must be followed when proposing school actions.
(Source: P.A. 97-1133, eff. 11-30-12.) |
(105 ILCS 5/34-235) Sec. 34-235. Emergencies. Nothing in Sections 34-200 through 34-235 of this Code prevents the district from taking emergency action to protect the health and safety of students and staff in an attendance center. In the event of an emergency that requires the district to close all or part of a school facility, including compliance with a directive of a duly authorized public safety agency, the chief executive officer or his or her designees are authorized to take all steps necessary to protect the safety of students and staff, including relocation of the attendance center to another location or closing the attendance center. In such cases, the chief executive officer shall provide written notice of the basis for the emergency action within 3 days after declaring the emergency and shall publish the steps that have been taken or will be taken to address the emergency within 10 days after declaring the emergency. The notice shall be posted on the district's website and provided to the principal, the local school council, and the State Senator, the State Representative, and the alderperson of the school that is the subject of the emergency action. The notice shall explain why the district could not comply with the provisions in Sections 34-200 through 34-235 of this Code.
(Source: P.A. 102-15, eff. 6-17-21.) |
(105 ILCS 5/Art. 34A heading) ARTICLE 34A
SCHOOL FINANCE AUTHORITY
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(105 ILCS 5/34A-101) (from Ch. 122, par. 34A-101)
Sec. 34A-101.
Short title.
This Article shall be known and may be cited
as the "School Finance Authority Act."
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-102) (from Ch. 122, par. 34A-102)
Sec. 34A-102.
Findings and purpose.
(a) The General Assembly finds:
(i) A fundamental goal of the people of the State, as | ||
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(ii) A sound financial structure is essential to the | ||
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(iii) To promote the financial integrity of boards of | ||
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(b) It is the purpose of this Article to provide a secure financial basis
for the continued operation of the public schools. In addition, it is the
further purpose of this Article to facilitate implementation of school
reform in the continued operation of the public schools in accordance with
the provisions of this amendatory Act of 1991. The intention of the
General Assembly, in enacting this legislation, is to establish procedures,
provide powers and impose restrictions to assure the financial and
educational integrity of the public schools while leaving principal
responsibility for the educational policies of the public schools to the
boards of education within the State, consistent with the requirements for
satisfying the public policy and purpose herein set forth.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34A-103) (from Ch. 122, par. 34A-103)
Sec. 34A-103.
Definitions.
As used in this Article:
(a) "Authority" means the "(Name of City) School Finance Authority";
(b) "Board" means any board of education to which this Article is
applicable;
(c) "Budget" means the budget of the Board as defined in Section 34-43
of this Act, as from time to time in effect;
(d) "Chairman" means the chairman of the Authority appointed pursuant
to paragraph (c) of Section 34A-301 of this Article;
(e) "City" means the city wherein the school district of such Board
is located;
(f) "Financial Plan" means the financial plan of the Board to be developed
pursuant to Section 34A-403 of this Article, as from time to time in effect;
(g) "Fiscal Year" means the fiscal year of the Board;
(h) "Governor" means the Governor of the State of Illinois;
(i) "School year" means the school year of the Board;
(j) "Approved System-Wide Educational Reform Goals and Objectives Plan"
means the system-wide educational reform goals and objectives plan that has
been accepted and approved by the Authority;
(k) "Investment Obligations" means any of the following which at the time
of investment are legal investments under the laws of the State for the
money proposed to be invested therein:
(i) Direct obligations of, or obligations the | ||
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(ii) Bonds, debentures or notes or other evidence of | ||
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(iii) New Housing Authority Bonds issued by public | ||
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(iv) Direct and general obligations of, or | ||
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(v) Negotiable or non-negotiable time deposits | ||
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(vi) Repurchase agreements with banks (which may | ||
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(l) "Mayor" means the Mayor of the City;
(m) "Obligations" means bonds and notes of the Authority;
(n) "State" means the State of Illinois.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34A-104) (from Ch. 122, par. 34A-104)
Sec. 34A-104.
Establishment of Authority.
For each school district organized
under Article 34 there is established a body both corporate and politic
and a unit of local government to be known as the "(Name of City) School
Finance Authority" which, in such name, shall exercise all authority vested
in such Authority by this Article.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-201) (from Ch. 122, par. 34A-201)
Sec. 34A-201.
General powers.
The purposes of the Authority shall be to
exercise
financial control over the Board, and to furnish financial assistance so
that the Board can provide public education within the Board's jurisdiction
while permitting the Board to meet its obligations to its creditors and
the holders of its notes and bonds. Except as expressly limited by this
Article, the Authority shall have all powers necessary to meet its
responsibilities
and to carry out its purposes and the purposes of this Article, including,
but not limited to, the following powers:
(a) to sue and be sued;
(b) to provide for its organization and internal management
and, subject to agreements with or for the benefit of holders of its Obligations,
to make rules and regulations governing the use of its property and facilities;
(c) to make and execute contracts, leases, subleases and all other instruments
or agreements necessary or convenient for the exercise of the powers and
functions granted by this Article;
(d) to purchase real or personal property necessary or convenient for its
purposes; to execute and deliver deeds for real property held in its own
name; to mortgage, pledge or otherwise grant security interests in such
properties; and to sell, lease, or otherwise dispose of such of its property
as, in the judgment of the Authority, is no longer necessary for its purposes;
(e) to appoint officers, agents, and employees of the Authority, define
their duties and
qualifications and fix their compensation and employee benefits;
(f) to lend or otherwise transfer to the Board such sums of money as are
not required for other purposes;
(g) to borrow money and to issue Obligations pursuant to this Article,
to fund, refund or advance refund the same, to provide for the rights of
the holders of its Obligations, and to repay any advances;
(h) subject to the provisions of any contract with or for the benefit of
the holders of its Obligations, to purchase or redeem its Obligations or
to purchase the notes, bonds or obligations of the Board or the notes, bonds
or obligations of the City;
(i) to procure insurance against any loss in such amounts and from such
insurers as it deems desirable;
(j) to engage the services of consultants for rendering professional and
technical assistance and advice on matters within the Authority's power;
(k) to contract for and to accept any gifts, grants or loans of funds
or property or financial or other aid in any form from the federal government,
state government, unit of local government, school district or any agency
or instrumentality thereof, or from any other private or public source,
and to comply with the terms and conditions thereof;
(l) as security for the payment of the principal of and interest on its
Obligations and for the performance of any agreements made in connection
therewith, to grant a security interest or lien upon all or any part of
its property or revenues;
(m) to pay the expenses of its operations; and
(n) to do any and all things necessary or convenient to carry out its
purposes
and exercise the powers given to the Authority by this Article.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-201.1)
Sec. 34A-201.1.
(Repealed).
(Source: P.A. 89-15, eff. 5-30-95. Repealed by P.A. 89-698, eff. 1-14-97.)
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(105 ILCS 5/34A-201a) (from Ch. 122, par. 34A-201a)
Sec. 34A-201a.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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(105 ILCS 5/34A-202) (from Ch. 122, par. 34A-202)
Sec. 34A-202.
Deposits and Investments.
(a) The Authority shall have the power to establish checking and whatever
other banking or savings and loan association accounts it may deem appropriate
for conducting its affairs.
(b) Subject to the provisions of any contract with or for the benefit of
the holders of its Obligations, the Authority may invest any funds not required
for immediate use or disbursement, whether pursuant to Section 34A-201 of
this Article or otherwise, only in Investment Obligations.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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(105 ILCS 5/34A-301) (from Ch. 122, par. 34A-301)
Sec. 34A-301.
Board of Directors.
The governing body of the Authority shall
be a board consisting of 5 Directors appointed as follows:
(a) Two Directors appointed by the Governor, with the approval of the Mayor.
(b) Two Directors appointed by the Mayor, with the approval of the Governor.
(c) One Director appointed jointly by the Governor and the Mayor, who
shall serve as Chairman.
(d) The Governor and the Mayor shall certify their respective appointments
and approvals to the Secretary of State.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-302) (from Ch. 122, par. 34A-302)
Sec. 34A-302.
Terms, vacancies and removal.
Of the initial Directors appointed
by the Governor, with the approval of the Mayor, one each shall be selected
for terms expiring on January 31, 1981 and January 31, 1982. Of the initial
Directors appointed by the Mayor with the approval of the Governor, one
each shall be selected for terms expiring on January 31, 1981 and January
31, 1982. The initial Chairman shall be selected for a term expiring January 31, 1983.
Thereafter, each Director shall hold office for a term of 3 years, and until
his successor has been appointed as provided in Section 34A-301.
Any vacancy which shall arise, shall be filled as provided in Section 34A-301.
Any Director appointed to fill a vacancy shall serve until the expiration
of his predecessor's term, and until his successor has been appointed as
provided in Section 34A-301. A vacancy shall occur upon resignation, death,
conviction of a felony, or removal from office of a Director. Directors
shall be eligible for reappointment. Any Director may be removed for incompetence,
malfeasance or neglect of duty, at the instance of the occupant of the office
entitled to appoint that Director, or in the case of the Chairman
at the instance of the occupant of each office so entitled.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-303) (from Ch. 122, par. 34A-303)
Sec. 34A-303.
Chairman and other officers.
The Chairman shall preside at
meetings of the Directors.
The Directors may establish such offices and appoint such officers for the
Authority as they may deem appropriate.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-304) (from Ch. 122, par. 34A-304)
Sec. 34A-304.
Assistance by state agencies, units of local government or
school districts. The Board shall render such services to, and permit the
use of its facilities and resources by, the Authority at no charge as may
be requested by the Authority. Any state agency, unit of local government,
or school district may, within its respective function, render such
services to the Authority as may be requested by the Authority. Upon
request of the Authority any such agency, unit of local government or
school district is hereby authorized and empowered to transfer to the
Authority such officers and employees as the Authority may deem necessary
in carrying out its functions and duties. Officers and employees so
transferred shall not lose or forfeit their employment status or rights.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34A-305) (from Ch. 122, par. 34A-305)
Sec. 34A-305.
Compensation.
The Directors shall serve without compensation,
but each Director shall be entitled to reimbursement for actual and necessary
expenses incurred in the performance of official duties as a Director.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-306) (from Ch. 122, par. 34A-306)
Sec. 34A-306.
Meetings and records.
(a) The Governor shall call the first meeting of the Authority.
Thereafter, the Directors shall prescribe the times and places for their
meetings and the manner in which regular and special meetings may be
called. The Directors shall comply in all respects with "An Act in relation
to meetings", approved July 11, 1957, as now or hereafter amended. The
Authority shall be an Agency to which the Local Records Act, as amended,
applies.
(b) A majority of the Directors holding office shall constitute a quorum
for the conduct of business. The affirmative votes of at least 3 Directors
shall be necessary for adopting any rule or regulation, and for any other
action required by this Article to be taken by resolution, directive or
ordinance.
(c) The Authority and the State Superintendent of Education shall
cooperate with each other in the exercise of their respective powers under
The School Code. There shall be at least one annual meeting between the
Authority and the State Superintendent of Education in order to facilitate
cooperation and communication.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34A-401) (from Ch. 122, par. 34A-401)
Sec. 34A-401.
Approval of Financial Plan and Budget.
In carrying out the
purposes of this Article and pursuant to Sections 34A-402 through 34A-411,
as hereinafter provided, the Authority shall have the power to approve or
to reject the Financial
Plans, Budgets and contracts of the Board; provided, however, that the
Authority shall have no power to impair any existing contract or obligation of the
Board; and provided further, that with respect to any multi-year
employment contract or collective bargaining agreement authorized or
entered into pursuant to Section 34-49 or the Illinois Educational Labor
Relations Act, as now or hereafter amended, the Authority's power to
approve or reject the same shall be limited to the first year of such
contract or agreement as provided in Section 34A-405. Except as provided
in Section 34A-403 with regard to revenue estimates,
the Authority shall have no power to amend or reject in part any Financial
Plan, Budget or contract presented to the Authority for its approval.
(Source: P.A. 84-1057.)
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(105 ILCS 5/34A-401.1) (from Ch. 122, par. 34A-401.1)
Sec. 34A-401.1.
Limitation.
Notwithstanding the provisions of any
other law to the contrary, the Authority shall have no power to reject the
Financial Plans, Budgets and Contracts of the Board for the failure of the
Board to keep reserves in excess of $5,000,000.
(Source: P.A. 83-1130.)
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(105 ILCS 5/34A-402) (from Ch. 122, par. 34A-402)
Sec. 34A-402.
Balanced budget.
The Board's budget for its fiscal year
ending in 1982 and for each subsequent fiscal year shall be balanced in
accordance with an accounting system and procedure to be prescribed by the
Authority, with substantial progress toward balancing the budget to be
achieved in each of the preceding fiscal years; provided, however, that (1)
for the fiscal year of the Board ending in
1992, the aggregate amount of
the reserved fund balances required to be maintained by the Board
under its
budget for that fiscal year as last balanced by the Board and approved by
the Authority prior to the effective date of this amendatory Act of 1992 in
accordance with the accounting system and procedure prescribed by the
Authority is hereby reduced by $13,266,200, (2) the $13,266,200 released
from reserved fund balance requirements in fiscal year 1992 by this
amendatory Act of 1992 shall be available to the Board for appropriation by
it for any lawful school purpose during its fiscal year ending in 1992, and
(3) the Authority shall not require the $13,266,200 released from reserved
fund balance requirements in fiscal year 1992 by this amendatory Act of
1992 to be restored by the Board under any regular, supplemental or amended
budget adopted for any fiscal year ending in 1992 or thereafter.
For the fiscal year of the Board ending in 1994, the aggregate amount of
the reserved fund balances required to be maintained by the Board under its
budget for that fiscal year in accordance with the accounting system and
procedure prescribed by the Authority as of the effective date of this
amendatory Act of 1993 is hereby reduced by $22,000,000. The $22,000,000
released from reserved fund balance requirements in fiscal year 1994 by this
amendatory Act of 1993 shall be available to the Board for appropriation by it
for any lawful school purpose during its fiscal year ending in 1994. The
Authority shall not require the $22,000,000 released from reserved fund balance
requirements in fiscal year 1994 by this amendatory Act of 1993 to be restored
by the Board under any regular, supplemental or amended budget adopted for any
fiscal year ending in 1994 or thereafter. This reduction in the required
reserved fund balance is in addition to the reduction made by Public Act
87-838.
For the fiscal year of the Board ending in 1994, the aggregate amount of
the reserved fund balances required to be maintained by the Board under its
budget for that fiscal year in accordance with the accounting system and
procedure prescribed by the Authority as of the effective date of this
amendatory Act of 1993 is hereby reduced to $100,000,000. The reserved fund
balances required to be maintained in each subsequent fiscal year shall not
exceed $100,000,000.
(Source: P.A. 87-838; 88-89; 88-511.)
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(105 ILCS 5/34A-403) (from Ch. 122, par. 34A-403)
Sec. 34A-403.
Financial Plans.
The Board shall develop, adopt and submit
to the Authority on or before March 1, 1980, for approval by the Authority,
an initial Financial Plan with respect to the remaining portion of the
Fiscal Year ending in 1980 and for the two succeeding Fiscal Years. The
Board shall develop and adopt subsequent Financial Plans in accordance with
this Section. Beginning with the Fiscal
Year beginning in 1993, and every second year thereafter, the Board shall adopt
a Financial Plan covering a period of 2 fiscal years. After adoption by
the Board, the Board shall submit each plan to the Authority for its approval
not later than 30 days prior to the commencement of the first Fiscal
Year to
which the Financial Plan relates, except that the Financial Plan to be
developed for the Fiscal Years beginning in 1993 and 1994 shall be submitted to
the Authority within 90 days of the effective date of this amendatory Act of
1993.
The Authority shall approve or reject the Financial Plan within 15
days of its
receipt of the Financial Plan from the Board. No Financial Plan shall have
force or effect without approval of the Authority. Each Financial Plan shall
be developed, submitted, approved and monitored in accordance with the
following procedures:
(a) The Board shall determine and submit to the Authority, at a time and
in a manner prescribed by the Authority, estimates of revenues available
to the Board during the period for which the Financial Plan is to be in
effect. The Authority shall approve, reject or amend the revenue estimates.
In the event the Board fails, for any reason, to submit to the Authority
estimates of revenue as required by this paragraph, the Authority may prepare
such estimates. The Financial Plan submitted by the Board shall be based
upon revenue estimates approved or prepared by the Authority.
As soon as practicable following the establishment of the Authority, the
President of the Board shall, at the request of the Chairman of the Authority,
make available to the Chairman of the Authority copies of the audited financial
statements and of the books and records of account of the Board for the
preceding 5 fiscal years of the Board.
(b) Each Financial Plan for each Fiscal Year or part thereof to which
it relates, shall contain (i) a description of revenues and expenditures,
provision for debt service, cash resources and uses, and capital improvements,
each in such manner and detail as the Authority shall prescribe, (ii) a
description of the means by which the Budget will be brought into balance
in accordance with Section 34A-402 of this Article,
and (iii) such other matters that the Authority, in its discretion, requires.
The initial Financial Plan shall also include a description of the means
by which any outstanding short-term indebtedness shall be paid or refunded
by the Board. The Authority may prescribe any reasonable time, standards,
procedures or forms consistent with this Section for preparation and
submission of the Financial Plan.
(c) The Authority shall approve the initial and each subsequent Financial
Plan if, in its
judgment, the plan is complete, is reasonably capable of being achieved,
and meets the requirement set forth in Section 34A-402 of this Article.
Otherwise, the Authority shall reject the Financial
Plan. In the event of rejection, the Authority may prescribe a procedure
and standards for revision of the Financial Plan by the Board.
(d) The Board shall report to the Authority, at such times and in such
manner as the Authority may direct, concerning the Board's compliance with
each Financial Plan. The Authority may review the Board's operations, obtain
budgetary data and financial statements, require the Board to produce reports,
and have access to any other information in the possession of the Board
that it deems relevant. The Authority may issue recommendations or directives
within its powers to the Board to assure compliance with the Financial Plan.
The Board shall produce such budgetary data, financial statements, reports
and other information and comply with such directives.
(e) After approval of each Financial Plan, the Board shall regularly
reexamine the revenue and expenditure estimates on which it was based and
revise them as necessary. The Board shall promptly notify the Authority of any
material change in the revenue or expenditure estimates in the Financial Plan.
The Board may submit to the Authority, or the Authority may require the Board
to submit, modified Financial Plans based upon revised revenue or expenditure
estimates or for any other good reason. The Authority shall approve or reject
each modified Financial Plan pursuant to paragraph (c) of this Section.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-403.1)
Sec. 34A-403.1.
Fiscal year 1994 contracts.
Notwithstanding any provision
of this Article to the contrary, the failure of a Board to have a Financial
Plan approved by the School Finance Authority within 90 days after the
effective date of this amendatory Act of 1993 shall not impair the Board's
power to enter into any contract or other obligation or the Authority's powers
and responsibilities under Sections 34A-404, 34A-405, and
34A-405.2 or in any other way affect the operations of the Board.
(Source: P.A. 92-651, eff. 7-11-02.)
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(105 ILCS 5/34A-404) (from Ch. 122, par. 34A-404)
Sec. 34A-404. Budgets. The Board shall develop and adopt and submit to
the Authority on or before February 1, 1980, for approval by the Authority,
a revised Budget for the remaining portion of the Fiscal Year ending in 1980
and, thereafter, an annual Budget for each Fiscal Year. After adoption
by the Board, the Board shall submit each Budget to the Authority for its
approval not later than 30 days prior to the commencement of the
Fiscal
Year to which the Budget relates. The Authority shall approve or reject
the Budget within 15 days of its receipt from the Board. No Budget
shall
have force or effect without approval of the Authority. Each Budget shall
be developed, submitted, approved and monitored in accordance with
the following procedures:
(a) Each Budget submitted by the Board shall be based | ||
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(b) Each Budget shall contain such information and | ||
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(c)(1) The Authority shall approve each Budget if, in | ||
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(2) For any Fiscal Year, the Authority may approve a | ||
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(d) The Board shall report to the Authority at such | ||
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(e) After approval of each Budget, the Board shall | ||
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(Source: P.A. 100-201, eff. 8-18-17.)
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(105 ILCS 5/34A-405) (from Ch. 122, par. 34A-405)
Sec. 34A-405.
Contracts.
(a) No contract or other obligation shall be
entered into by the Board unless it is consistent with the Financial Plan
and Budget in effect. No
multi-year employment contract or collective bargaining agreement
authorized or entered into pursuant to Section 34-49 or the Illinois
Educational Labor Relations Act, as now or hereafter amended, shall, with
respect to any terms and provisions thereof which are operative after
expiration of the first year of any such contract or agreement, be deemed
inconsistent with any Financial Plan and Budget at any time in effect;
provided, however, that any
terms and provisions of a contract or agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
(b) The Authority may adopt, and from time to time amend, regulations
identifying categories and types of contracts and other obligations that
shall be subject to approval by the Authority and the procedure for submitting
contracts for approval. Each contract or other obligation that is entered
into by the Board and requires approval by the Authority shall contain a
provision stating that it shall not become legally binding on the Board
unless and until it has received the approval of the Authority. No contract
or other obligation that requires the approval of the Authority shall be
legally binding on the Board unless and until it has received such approval.
The Authority shall not, either by regulation or in practice, withhold
approval of any multi-year employment contract or collective bargaining
agreement authorized or entered into pursuant to Section 34-49 or the Illinois
Educational Labor Relations Act, as now or hereafter amended, if, in the
judgment of the Authority, the terms and provisions operative during the
first year of such contract or agreement are consistent with the Budget and
Financial Plan in effect for that period; provided, however, that any terms
and provisions of a contract or
agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
(c) The Board shall submit to the Authority a copy of any contract or
other obligation for which the approval of the Authority is required, along
with a cost analysis and such other information as the Authority may require.
The Authority may prescribe any reasonable time, standards, procedures or
forms for submission of the contract or other obligation.
(d) The Authority shall approve the contract or obligation if, in its
judgment, the information required to be submitted is complete and the contract
or other obligation is consistent with the Budget and Financial Plan in
effect. Otherwise, the Authority shall reject the contract or other
obligation; provided, however, that any multi-year employment contract or
collective bargaining agreement authorized or entered into pursuant to
Section 34-49 or the Illinois Educational Labor Relations Act, as now or
hereafter amended, shall be approved by the Authority if in its judgment
the terms and provisions operative during the first year of such contract
or agreement are consistent with the Budget and Financial Plan in effect
for that period; provided, however, that any
terms and provisions of a contract or agreement which would increase
expenditures for salaries, benefits or other forms of compensation after
the expiration of the first year of such contract or agreement shall be
contingent upon the attainment of sufficient available revenues,
considering all necessary expenditures, to support such increases.
Contracts or other obligations not rejected within 30 days after submission
to the Authority shall be considered approved, provided, however, that the
Authority shall have an additional 30 days to approve or reject the contract
or other obligation if it so advises the Board within the initial 30 day
period.
(Source: P.A. 84-1057.)
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(105 ILCS 5/34A-405.1)
Sec. 34A-405.1.
Interim operations.
Notwithstanding any other provision
of law to the contrary, for the period September 1 through September 12, 1993,
the following provisions apply:
(1) The Board of Education shall not be subject to | ||
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(2) Neither the Board, the general superintendent, | ||
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(3) The Board of Education shall not be subject to | ||
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(4) The Board shall adopt an interim appropriation | ||
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(Source: P.A. 88-473.)
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(105 ILCS 5/34A-405.2)
Sec. 34A-405.2.
Staffing levels.
(a) No hiring or appointment of any person in any position by the Board, the
general superintendent, any other officer or employee of the Board, or any
local school council shall be made or entered into unless it is consistent with
the Financial Plan and Budget in effect and the staffing plan approved by the
Authority under this Section. The hiring or appointment of any person shall
not be binding on the Board unless and until it is in compliance with this
Section.
(b) The Board shall submit to the Authority for approval by the Authority a
staffing plan for the upcoming school year at the same time as the submission
of the Budget, except that the staffing plan for the fiscal
year ending in 1994 shall be submitted to the Authority within 90 days after
the effective date of this amendatory Act of 1993. The staffing plan shall be
accompanied by a
cost analysis and such other information as the Authority may require. The
Authority may adopt, and from time to time amend, regulations to implement this
Section and may prescribe standards, procedures, and forms for submission of
the staffing plan.
(c) The Authority shall approve the staffing plan if, in its judgment, the
information required to be submitted is complete and the staffing plan is
consistent with the Budget and Financial Plan in effect. Otherwise, the
Authority shall reject the staffing plan; in the event of rejection, the
Authority shall prescribe a procedure and standards for revision of the
staffing plan. The Authority shall act on the staffing plan at the same
time as the approval of the Budget, except that the staffing plan for the
fiscal year ending in 1994 shall be acted upon at the same time as approval of
the Financial Plan for that fiscal year.
(d) The Board shall report to the Authority, at such times and in such
manner as the Authority may direct, concerning the Board's compliance with each
staffing plan. The Authority may review the Board's operations, obtaining
budgetary data and financial statements, may require the Board to produce
reports, and shall have access to any other information in the possession of
the Board that it deems relevant. The Authority may issue recommendations or
directives within its powers to the Board to assure compliance with the
staffing plan. The Board shall produce such budgetary data, financial
statements, reports, and other information and shall comply with such
directives.
(e) After approval of each staffing plan, the Board shall regularly
reexamine the estimates on which it was based and revise them as necessary. The
Board shall promptly notify the Authority of any material change in the
estimates in the staffing plan. The Board may submit to the Authority, or the
Authority may require the Board to submit, modifications to the staffing plan
based upon revised revenue or expenditure estimates or for any other good
reason. The Authority shall approve or reject each modified staffing plan
pursuant to subsection (c) of this Section.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-406) (from Ch. 122, par. 34A-406)
Sec. 34A-406.
Expenditures.
The Board shall meet its debt service obligations as they become due. No
other expenditure shall be made by the Board unless it is consistent with
the Financial Plan and Budget or a provisional budget provided for in Section
34A-404(c)(2), in each case as in effect.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-406.1) (from Ch. 122, par. 34A-406.1)
Sec. 34A-406.1.
During the 1984-85 school year only, the number of education
fund positions for both teacher-certificated and career service personnel
employed by the Chicago Board of Education shall not exceed the previous
year's budgeted positions, as certified by the Chicago School Finance Authority.
(Source: P.A. 83-1131.)
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(105 ILCS 5/34A-406.2)
Sec. 34A-406.2.
Interim Operations for Fiscal Year 1994 Pending Budget
Adoption and Approval. Notwithstanding any other provision of law to the
contrary, for the fiscal year of the Board ending in 1994 only, during the
period of 30 days after the effective date of this amendatory Act of 1993, the
Board of Education is not subject to Sec. 34A-406 and shall adopt an interim
appropriation authorizing the expenditure of funds consistent with the
provisions of this Section and of this amendatory Act of 1993. If the Board
fails to timely meet and satisfy items (1) through (3) of this Section, no
funds may be spent or disbursed and no obligations, commitments, or liabilities
incurred for any part of the 30-day period after the failure occurs.
(1) Notwithstanding any provision of Section 34-46 to | ||
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(2) Notwithstanding any provision of Section 34-46 to | ||
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(3) Notwithstanding any provision of Section 34-43, | ||
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(Source: P.A. 88-511.)
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(105 ILCS 5/34A-407) (from Ch. 122, par. 34A-407)
Sec. 34A-407.
Approval of chief financial officer.
The Board shall appoint a chief financial officer subject to the approval
of the Authority. Either the Authority or the Board shall have the power
to remove the chief financial officer. The chief financial officer shall
have the responsibility for preparing and supervising the Budget and Financial
Plan of the Board and overseeing expenditures of the Board. The chief financial
officer shall report to the Board. The chief financial officer may
be granted the authority by the Board to hire a specific number of employees
to assist in meeting immediate responsibilities. Conditions of employment
for such personnel shall not be subject to the provisions of Section 34-85.
(Source: P.A. 82-485.)
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(105 ILCS 5/34A-408) (from Ch. 122, par. 34A-408)
Sec. 34A-408.
Financial and managerial audits.
(a) The Authority may examine the business records and audit the
accounts of the Board or require that the Board examine its business records
and audit its accounts at such time and in such manner as the Authority may
prescribe. The Board shall appoint a certified public accountant annually,
approved by the Authority, to audit its financial statements.
(b) The Authority shall initiate and direct financial and managerial
assessments and similar analyses of the operations of the
Chicago Board of Education, as may be required by this Section or as may, in
the judgment of the Authority, assure sound and efficient financial management
of the Board.
(c) On or before April 1, 1994, the Authority shall assure completion of
assessments and analyses that:
(1) Provide for a review of the managerial and | ||
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(2) Analyze the potential cost savings and | ||
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Upon the completion of these required assessments, the Authority shall make
recommendations to the Board regarding improvements and changes that derive
from these assessments, which the Board should implement.
In conjunction with its budgetary submission to the Authority for the fiscal
year that ends in 1995, the Board shall demonstrate to the
satisfaction of the Authority that the recommendations requested by the
Authority have been implemented in whole or in part or, in the alternative, are
not capable of being implemented. In consideration of whether to approve or
reject the budget for the fiscal year that ends in 1995, the Authority shall
adjudge whether the Board has fully considered and responsibly proposed
implementation of the Authority's recommendations.
(d) On or before April 1, 1995, the Authority shall adopt and submit a
report to the General Assembly, the Governor, and the Chicago Board of
Education that reflects a comprehensive assessment of the financial status of
the Chicago Board of Education. The report shall include an expenditure
analysis of all special education
programs provided by the Board, which shall include the number of programs
available and student participation, the dollar amount spent on each program,
the program location, the availability of transportation for students
participating in the programs, and related expenditure recommendations.
In addition, the
report shall also include a review of all attendance centers for efficiency
purposes, which shall include the total number of attendance centers in use,
their capacities, and the number of students currently enrolled in the
attendance centers, and the attendance center long range capital needs (repair
and maintenance) based upon current and estimated future enrollments. A study
shall also be included on teacher/student ratios.
(e) The Authority shall initiate and direct a management audit of
the Board at least once every 2 years. The audit shall review the personnel,
organization, contracts, leases, and physical properties of the Board to
determine whether the Board is managing and utilizing its resources in an
economical and efficient manner. The audit shall determine the causes of any
inefficiencies or uneconomical practices, including inadequacies in internal
and administrative procedures, organizational structure, uses of resources,
utilization of real property, allocation of personnel, purchasing policies, and
equipment.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-409) (from Ch. 122, par. 34A-409)
Sec. 34A-409.
Cash accounts and bank accounts.
(a) The Authority shall require the Board or any officer of the Board, including
the Board's treasurer or any person acting as the Board's official or ex
officio treasurer, to establish and maintain separate cash accounts and
separate bank accounts in accordance with such rules, standards and procedures
as the Authority may prescribe.
(b) The Authority shall have the power to assume exclusive administration
of the cash accounts and bank accounts of the Board, to establish and maintain
whatever new cash accounts and bank accounts it may deem appropriate, and
to withdraw funds from such accounts for the lawful expenditures of the Board.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-410) (from Ch. 122, par. 34A-410)
Sec. 34A-410.
Financial, management and budgetary structure.
Upon direction of the Authority, the Board shall reorganize the financial
accounts, management and Budgetary systems of the Board in whatever manner
the Authority deems appropriate to achieve greater financial responsibility
and to reduce financial inefficiency.
Except as provided in Sections 34A-501 through 34A-512 of this Act, the
Authority shall not have the power to affect the taxing authority or to
consolidate or reduce the
restricted debt service funds of the Board.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-411) (from Ch. 122, par. 34A-411)
Sec. 34A-411.
Termination and reinstatement of Authority's power under this
Article.
(a) The powers and responsibilities granted to or imposed upon the Authority
and the Board under Sections 34A-401 through 34A-410 of this Article shall
not be exercised after the Authority has certified to the Governor and the
Mayor that the Board has completed 6 successive Fiscal Years of balanced
Budgets pursuant to the accounting and other principles prescribed by the
Authority. Notwithstanding the foregoing sentence, Sections 34A-402, 34A-404,
34A-405, and 34A-408 shall continue in full force and effect after such
certification of the completion of 6 successive Fiscal Years of balanced
Budgets.
(b) Upon determination by the Authority and certification of the Authority
to the Governor and the Mayor that the Board has failed to adopt a balanced
Budget by August 15th immediately preceding the commencement of each Fiscal
Year or failed to achieve a balanced Budget for two successive Fiscal Years,
subsequent to a time in which the powers and responsibilities of the Authority
and the Board are not exercised pursuant
to paragraph (a) of this Section, the Authority and Board shall resume the
exercise of their respective powers and responsibilities pursuant to each
Section of this Article.
(c) Notwithstanding the provisions of subsections (a) and (b) of this
Section or any other provision of law to the contrary, the powers and
responsibilities granted to or imposed upon the Authority and the Board under
Sections 34A-401 through 34A-410 and Section 34A-606 are suspended until
December 31, 2010.
(Source: P.A. 93-488, eff. 8-8-03.)
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(105 ILCS 5/34A-412) (from Ch. 122, par. 34A-412)
Sec. 34A-412.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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(105 ILCS 5/34A-413) (from Ch. 122, par. 34A-413)
Sec. 34A-413.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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(105 ILCS 5/34A-414) (from Ch. 122, par. 34A-414)
Sec. 34A-414.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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(105 ILCS 5/34A-415) (from Ch. 122, par. 34A-415)
Sec. 34A-415.
(Repealed).
(Source: Repealed by P.A. 88-511.)
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(105 ILCS 5/34A-501) (from Ch. 122, par. 34A-501)
Sec. 34A-501.
Power to issue Bonds.
(a) The Authority may incur
indebtedness by the issuance of its negotiable full faith and credit
general obligation bonds (the "Bonds") in an amount not to exceed at any
time the sum of $695,000,000 (excluding Bonds to be issued to refund
outstanding Bonds) for the purpose of providing the Board with moneys
for ordinary and necessary expenditures for educational purposes,
maintenance of school facilities, and other operational needs of the
Board; payment of outstanding debt obligations of the Board and of the
City, the proceeds of which were used to provide financing for the
Board; providing or increasing a working cash fund as provided by paragraph
(d) of this Section 34A-501; providing the Board with moneys for school
construction and rehabilitation purposes as provided by paragraph (e) of
this Section; payment of fees for arrangements as provided by paragraph (c)
of Section 34A-502; payment of interest on Bonds; establishment of reserves to
secure Bonds; the payment of costs of issuance of Bonds; payment of principal
of or interest or redemption premium on any Bonds or notes of the Authority;
and all other expenditures of the Authority incidental to and necessary or
convenient for carrying out its corporate purposes and powers, and in an
additional amount not to exceed at any time the sum of $427,000,000 (excluding
Bonds to be issued to refund outstanding Bonds) for the purpose of providing
the Board with moneys for ordinary and necessary expenditures for educational
purposes, maintenance of school facilities, and other operational needs of the
Board; payment of fees for arrangements as provided by paragraph (c) of Section
34A-502; payment in connection with agreements or contracts entered into as
provided for in Section 7 of the Bond Authorization Act; payment of interest on
Bonds; establishment of reserves to secure
Bonds; the payment of costs of issuance of Bonds; payment of principal of or
interest or redemption premium on any Bonds or notes of the Authority; and all
other expenditures of the Authority incidental to and necessary or convenient
for carrying out its corporate purposes and powers. No more than $40,000,000
of proceeds of Bonds of the Authority shall be deposited in a working cash fund
as provided by paragraph (d) of this Section 34A-501. No more than $95,000,000
of proceeds of Bonds of the Authority shall be provided to the Board for school
construction and rehabilitation purposes; provided that not less than
$32,000,000 nor more than $37,000,000 of such proceeds shall be used by the
Board for constructing new school buildings or providing additions
to school buildings.
(b) The Authority may from time to time (i) issue Bonds to refund
any outstanding Bonds or notes of the Authority whether the Bonds or
notes to be refunded have or have not matured or become redeemable and (ii)
issue Bonds partly to refund Bonds or notes then outstanding and partly for
any other purpose hereinabove set forth.
(c) Bonds issued in accordance with paragraph (a) of this Section
may be issued in excess of any statutory limitation as
to debt, and may be issued without referendum.
(d) The Authority may create a working cash fund to provide working
cash for the Board. Amounts in the working cash fund shall be used by the
Authority to make loans from time to time to the Board to enable the Board
to cover anticipated cash flow deficiencies which it may experience within
the fiscal year of the Board in which the loan is made, all as and to the
extent determined by the Authority. The loans shall be made in such amounts
and upon such terms as the Board and the Authority shall agree. The Authority
shall not under any circumstance be obligated to make any such loan. No
interest need be charged on any such loan. The Board may pledge and assign
to the repayment of such loans and may apply to that repayment any particular
receipts of the Board which have not been pledged to the payment of any of
the Board's bonds, notes, tax anticipation warrants or state aid anticipation
certificates. Each loan shall be required to be repaid in full by the Board
within the fiscal year of the Board in which the loan was made and, in any
event, within 11 months from the date on which it was made. Interest and
other investment earnings on the working cash fund shall be deposited in
and shall be part of that fund. Whenever the Authority shall determine
that all or part of the working cash fund is no longer needed for making
loans to the Board as provided in this paragraph, the Authority shall reduce
the amount of the fund so that the amount in the fund does not exceed the
amount which the Authority determines is necessary for use for making future
loans to the Board as provided in this paragraph. Upon any such reduction
in the amount of the working cash fund and upon
its abolition, all amounts in excess of the amounts to remain in the fund
shall be deposited in the debt service fund established by the Authority
for the Bonds for use for paying principal of Bonds at their maturity or
on earlier redemption dates, redemption premium and any interest accruing
on those Bonds, all as the Authority shall determine and direct.
(e) For purposes of this Section, "school construction and
rehabilitation purposes" means constructing new school buildings and
rehabilitating and accomplishing the deferred maintenance existing as of
August 31, 1984, of school buildings, including, without limitation,
repairing, modernizing, providing additions to and facilities in, altering
and reconstructing school buildings and equipment.
Any interest or other investment earnings on proceeds of Bonds issued for
the purpose of providing the Board with moneys for school construction and
rehabilitation purposes shall be applied as provided in the resolution
authorizing such Bonds, which resolution shall require those earnings to
be used for the same purpose as the proceeds of those Bonds or for the
payment of principal of or interest or redemption premium on any Bonds,
either at maturity or an earlier redemption date. Application by the
Authority of any proceeds of Bonds issued for the purpose of providing the
Board with moneys for school construction and rehabilitation purposes,
or interest or other investment earnings thereon, shall be in the sole
judgment and discretion of the Authority, but no such moneys shall be so
provided unless the Authority shall have found and determined, in its sole
judgment and discretion, that such moneys are to be used for those purposes
and not for providing the Board with moneys for its ordinary and necessary
expenditures for educational purposes, maintenance of school facilities or
other operational needs. The Authority may, in making its findings and
determinations, rely upon information provided by or on behalf of the Board.
The Authority may from time to time make and amend regulations and issue
directives with respect to the use and application of such moneys.
The Authority may, at any time, in its sole judgment and discretion,
deposit unexpended proceeds of Bonds issued for the purpose of providing
the Board with moneys for school construction and rehabilitation purposes
or interest or other investment earnings thereon solely in a debt service
fund for any Bonds and shall apply such moneys to the payment of principal
of or interest or redemption premium on Bonds, at maturity or an earlier
redemption date. In the resolution authorizing Bonds, the
Authority may make commitments or covenants to holders of Bonds with
respect to such use of such unexpended proceeds and interest or other
investment earnings.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-501.1)
Sec. 34A-501.1.
Additional bond authority.
Subject to the limitation
in additional amount authorized by this amendatory Act of 1993 in Section
34A-501, the Authority shall incur indebtedness by the issuance of its Bonds on
or after July 1, 1993 in principal amounts sufficient to provide the Board from
the proceeds of the Bonds the sum of $175,000,000 during the
Fiscal Year
beginning in 1993, and the sum of $203,000,000 during the Fiscal Year
beginning
in 1994, in each year for ordinary and necessary expenditures for educational
purposes, maintenance of school facilities, and other operational needs of the
Board. All sums provided to the Board from proceeds of Bonds issued on or
after July 1, 1993 shall be treated
as revenues of the Board in that fiscal year for all purposes.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-502) (from Ch. 122, par. 34A-502)
Sec. 34A-502.
Terms of Bonds.
(a) Whenever the Authority desires or is required to issue
Bonds as provided in this Article, it shall adopt a
resolution designating the
amount of the Bonds to be issued, the purposes for which the proceeds of
the Bonds are to be used and the manner in which such proceeds shall be
held pending the application thereof. The Bonds shall be issued in the
corporate name of the Authority, shall bear such date or dates, and shall
mature at such time or times not exceeding 30 years from their date as such
resolution may provide; provided, however, that Bonds issued on or after July
1, 1993 shall mature on or before June 1, 2009. The Bonds may be issued as
serial bonds payable
in installments or as term bonds with sinking fund installments or
as a combination thereof as the Authority may determine in such resolution.
The Bonds shall be in such denominations of $1,000 or integral multiples
thereof. The Bonds shall be in such form, either coupon or registered,
carry such registration privileges, be executed in such manner, be payable
at such place or places and be subject to such terms of redemption at such
redemption prices, including premium, as such resolution may provide. The
Bonds shall be sold by the Authority at public sale. The Bonds shall be
sold to the highest and best bidders upon sealed bids. The Authority shall,
from time to time as Bonds are to be sold, advertise in at least 2 daily
newspapers, one of which is published in the City of Springfield and one in
the City of Chicago, for proposals to purchase Bonds. Each of such
advertisements for proposals shall be published at least ten days prior to
the date of the opening of the bids. The Authority may reserve the right
to reject any and all bids.
(b) Bonds issued prior to December 31, 1980 shall bear interest at such
rate or rates and at such price or prices as the Authority may approve in
the resolution authorizing the issuance of Bonds. Bonds issued after December
31, 1980 shall bear interest at a rate or rates not to exceed the maximum
annual rate provided for in Section 2 of "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as amended, and if issued at such maximum
annual rate shall be sold for not less than par and accrued interest. If any of
the Bonds are issued to bear interest at a rate of less than such maximum annual
rate the minimum price at which they may be sold shall be such that the
interest cost to the Authority on the proceeds of the Bonds shall not exceed
such maximum annual rate computed to stated maturity according to standard
tables of bond values.
(c) In connection with the issuance of its Bonds, the Authority may
enter into arrangements to provide additional security and liquidity for
the Bonds. These may include, without limitation, municipal bond
insurance, letters of credit, lines of credit by which the Authority may
borrow funds to pay or redeem its Bonds and purchase or remarketing
arrangements for assuring the ability of owners of the Authority's Bonds to
sell or to have redeemed their Bonds. The Authority may enter into
contracts and may agree to pay fees to persons providing such arrangements,
including from Bond proceeds but only under circumstances in which the
total interest paid or to be paid on the Bonds, together with the fees for
the arrangements (being treated as if interest), would not, taken together,
cause the Bonds to bear interest, calculated to their absolute maturity, at
a rate in excess of the maximum rate allowed by law.
The resolution of the Authority authorizing the issuance of its Bonds may
provide that interest rates may vary from time to time depending upon
criteria established by the Authority, which may include, without
limitation, a variation in interest rates
as may be necessary to cause Bonds to be remarketable from time to time at
a price equal to their principal amount, and may provide for appointment of
a national banking association, bank, trust company, investment banker or
other financial institution to serve as a remarketing agent in that
connection. The resolution of the Authority authorizing the issuance of
its Bonds may provide that alternative interest rates or provisions will
apply during such times as the Bonds are held by a person providing a
letter of credit or other credit enhancement arrangement for those Bonds.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-503) (from Ch. 122, par. 34A-503)
Sec. 34A-503.
Tax levy.
(a) Before or at the time of issuing any Bonds, the Authority shall provide by resolution for the levy and collection of a direct annual tax upon all
the taxable property located within the school district without limit as
to rate or amount sufficient to pay
and discharge the principal thereof at maturity or on sinking fund installment
dates and to pay the interest thereon as it falls due. The taxes as levied
shall also include such additional amounts to the extent that the collections
in the prior years were insufficient to pay and discharge such principal
thereof at maturity, such sinking fund installments, if any, and interest
thereon as it fell due and the amount so collected shall be placed in the
debt service reserve fund. Such tax shall be in
addition to and exclusive of the maximum of all taxes
which the Authority, the Board or the City Council of the City is now, or
may hereafter be, authorized by law to levy for any and all school purposes.
Any such resolution shall be in force upon its adoption.
(b) Such levy shall be for the sole benefit of the holders of the Bonds
and the holders of the Bonds shall have a security interest in, and lien
upon, all rights, claims and interests of the Authority arising pursuant
to such levy and all present and future proceeds of such levy until principal
of and sinking fund installments and interest on the Bonds are paid in full.
All proceeds from such levy shall be deposited by each county collector
directly in the debt service funds established pursuant to Section
34A-504 hereof and shall be applied solely for the payment of principal of and
sinking fund installments and interest on the Bonds and shall not be used for
any other purpose.
A levy with respect to Bonds issued prior to July 1, 1993 (or to refund or
continue the refunding of Bonds issued prior to July 1, 1993) shall be for the
sole benefit of holders of Bonds issued prior to July 1, 1993 (or to refund or
continue the refunding of Bonds issued prior to July 1, 1993). A levy with
respect to Bonds issued on or after July 1, 1993 (other than to refund or to
continue the refunding of Bonds issued prior to July 1, 1993) shall be for the
sole benefit of owners of Bonds issued on or after July 1, 1993 (other than to
refund or to continue the refunding of Bonds issued prior to July 1, 1993).
Proceeds of taxes levied under this Section shall be deposited in the debt
service fund relating to the Bonds with respect to which the taxes were
levied.
(c) Upon the filing in the office of the county clerk of each county wherein
the Board is located of a duly certified copy of any such ordinance, it
shall be the duty of each such county clerk to extend the tax therein provided
for, including an amount determined by the Authority to cover loss and cost
of collection and also deferred collections thereof and abatements in the
amount of such taxes as extended on the collectors' books. The tax shall
be separate and apart from all other taxes of the Authority, the Board and
the City and shall be separately identified by the collectors.
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-504) (from Ch. 122, par. 34A-504)
Sec. 34A-504.
Debt service fund.
(a) The Authority shall establish a
debt service fund for the Bonds to be maintained by a corporate trustee
(which may be any trust company or bank having the power of a trust
company within the State) separate and segregated from all other funds
and accounts of the Authority and the Board. All moneys on deposit in
the debt service fund shall be held in trust in such debt service fund
for the benefit of holders of the Bonds, shall be applied solely for the
payment of principal of and sinking fund installment, redemption premium,
if any, and interest on the Bonds and shall not be used for any other purpose.
The holders of the Bonds shall have a security interest in and lien upon all
such moneys.
(b) The Authority shall, by its resolution authorizing Bonds to be issued
on or after July 1, 1993 (other than to refund or to continue the refunding of
Bonds issued prior to July 1, 1993), establish a debt service fund which shall
be separate from any such fund for Bonds issued prior to July 1, 1993
(including Bonds
issued to refund or to continue the refunding of those prior Bonds). Such a
separate debt service fund shall secure only Bonds issued on or after July 1,
1993 (other than Bonds to refund or to continue the refunding of Bonds issued
prior to July 1, 1993). The debt service fund established with respect to
Bonds issued prior to July 1, 1993 (or to refund or to continue the refunding
of Bonds issued prior to July 1, 1993) shall not secure Bonds issued on or
after July 1, 1993 (other than Bonds issued to refund or to continue the
refunding of Bonds issued prior to July 1, 1993).
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-505) (from Ch. 122, par. 34A-505)
Sec. 34A-505.
Debt service reserve fund.
(a) The Authority may create
and establish a debt service reserve fund to be maintained by a corporate
trustee (which may be any trust company or bank having the power of a trust
company within the State) separate and segregated from all other funds and
accounts of the Authority. The Authority may pay into such debt service
reserve fund:
(i) any proceeds from the sale of Bonds to the extent | ||
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(ii) any other moneys which may be available to the | ||
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(b) The amount to be accumulated in the debt service reserve fund shall
be determined by the Authority but shall not exceed the maximum amount of
interest, principal and sinking fund installments due in any succeeding
calendar year.
(c) All moneys on deposit in such debt service reserve fund shall be held
in trust for the benefit of holders of the Bonds, shall be applied solely
for the payment of principal of and sinking fund installments and interest
on the Bonds to the extent not paid from the debt service fund and shall
not be used for any other purpose.
(d) Any moneys in the debt service reserve fund in excess of the amount
determined by the Authority pursuant to a resolution authorizing the issuance
of Bonds may be withdrawn by the Authority and used for
any of its lawful purposes.
(e) In computing the amount of the debt service reserve fund, investments
shall be valued as the Authority shall provide in the resolution authorizing
the issuance of the Bonds.
(f) The Authority may by its resolution authorizing Bonds to be issued on
or after July 1, 1993 (other than to refund or to continue the refunding of
Bonds issued prior to July 1, 1993) create and establish such a debt service
reserve fund, which shall be separate
from any such fund for Bonds issued prior to July 1, 1993 (including Bonds
issued to refund or to continue the refunding of those prior Bonds). Such a
separate debt service reserve fund shall secure only Bonds issued on or after
July 1,
1993 (other than to refund or to continue the refunding of Bonds issued
prior to July 1, 1993). The debt service reserve fund established with respect
to
Bonds issued prior to July 1, 1993 (or to refund or to continue the refunding
of Bonds issued prior to July 1, 1993) shall not secure Bonds issued on or
after July 1, 1993 (other than Bonds issued to refund or to continue the
refunding of Bonds issued prior to July 1, 1993).
(Source: P.A. 88-511.)
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(105 ILCS 5/34A-506) (from Ch. 122, par. 34A-506)
Sec. 34A-506.
Bond Anticipation Notes.
(a) After the issuance of Bonds
shall have been authorized, the Authority shall have power to issue from
time to time, pursuant to a resolution or resolutions of the Authority,
its negotiable Bond Anticipation Notes in anticipation of the issuance of Bonds.
(b) Bond Anticipation Notes shall mature not later than 2 years after
the date of issuance, may be made redeemable prior to their maturity and
may be sold in such manner, in such denominations, at such price or prices,
and shall bear interest at such rate or rates not to exceed the maximum
annual rate in accordance
with the provisions of paragraph (b)of Section 34A-502 hereof, as a resolution
authorizing the issuance of the Bond Anticipation Notes may provide.
(c) The Bond Anticipation Notes may be made payable as to both principal
and interest from the proceeds of Bonds. The Authority may provide for
payment of interest on the Bond Anticipation Notes from direct annual taxes
upon all the taxable property located within the school district which are
hereby authorized to be levied annually for such purpose without limit as
to rate or amount sufficient to pay such interest as it falls due, in the
manner, subject to the security interest and lien and with the effect provided
in Section 34A-503 hereof.
(d) The Authority is authorized to issue renewal notes in the event it
is unable to issue Bonds to pay outstanding Bond Anticipation Notes on terms
the Authority deems reasonable.
(e) A debt service fund shall be established in the manner provided in
Section 34A-504 by the Authority for such Bond Anticipation Notes and the
proceeds of any tax levy made pursuant to this Section shall be deposited
therein upon receipt.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-507) (from Ch. 122, par. 34A-507)
Sec. 34A-507.
Resolution vesting powers in trustee.
The resolution
authorizing issuance of the Bonds shall vest in a trustee such rights,
powers and duties in trust as the Authority may determine and may contain
such provisions for protecting and enforcing the rights and remedies of the
holders of the Bonds and limiting such rights and remedies, as may be
reasonable and proper and not in violation of law, including covenants
setting forth the duties of the Authority in relation to the exercise of
its corporate powers and the custody, safeguarding and application of all
moneys. Such resolution shall provide for the manner in which moneys in
the various funds and accounts of the Authority may be invested in
Investment Obligations and the disposition of the earnings on such
investments.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-508) (from Ch. 122, par. 34A-508)
Sec. 34A-508.
Property of Authority exempt from taxation.
The property
of the Authority shall be exempt from taxation.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-509) (from Ch. 122, par. 34A-509)
Sec. 34A-509.
Discharge of Bonds.
(a) If the Authority shall pay or cause
to be paid to the holders of all Bonds and coupons, if any, then outstanding,
the principal of, redemption price, if any, and interest to become due thereon,
at the times and in the manner stipulated therein and in the resolution
authorizing the issuance of Bonds, then the covenants, agreements and other
obligations of the Authority to
the Bondholders shall be discharged and satisfied.
(b) Bonds or coupons or interest installments for the payment or redemption
of which moneys shall have been set aside and shall be held in trust by
the trustee provided for in Section 34A-507 hereof or any paying agent for
the Bonds (through deposit by the Authority of funds
for such payment or redemption or otherwise) at the maturity or redemption
date thereof shall be deemed to have been paid within the meaning and, with
the effect expressed in paragraph (a) above. All outstanding Bonds of any
series and all coupons, if any, appertaining to such Bonds shall, prior to the maturity
or redemption date thereof, be deemed to have been paid within the meaning
and with the effect expressed in such paragraph (a) above if (i) there shall
have been deposited with such trustee or paying agent either moneys in an
amount which shall
be sufficient, or direct obligations of the United States of America the
principal of and the interest on which, when due, will provide moneys which,
together with the moneys, if any, deposited with such trustee or paying
agent at the same time, shall be sufficient to pay, when due, the principal
of, sinking fund installment or redemption price, if applicable, and interest
due and to become due on
said Bonds on and prior to the redemption date, sinking fund installment
date, or maturity date thereof, as the case may be, and (ii) the Authority
shall have given such trustee or paying agent in form satisfactory to it
irrevocable instructions to publish a notice to the effect and in accordance
with the procedures provided in the resolution authorizing the issuance
of the Bonds. Neither direct obligations of the United States of America
nor moneys deposited with such trustee or paying agent nor principal or
interest payments on any such securities shall be withdrawn or used for any purpose
other than, and shall be held in trust for, the payment of the principal
or redemption price, if applicable, and interest on said Bonds.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-510) (from Ch. 122, par. 34A-510)
Sec. 34A-510.
Pledge of the State.
The State of Illinois pledges to and
agrees with the holders of Bonds that the State will not limit or alter
the rights and powers vested in the Authority by this Act with respect to
Sections 34A-501 through 34A-512 hereof so as to impair the terms of any
contract made by the Authority with such holders or in
any way impair the rights and remedies of such holders until the Bonds,
together with interest thereon, with interest on any
unpaid installments of interest, and all costs and expenses in connection
with any action or proceedings by or on behalf of such holders, are fully
met and discharged
or provisions made for their payment. The Authority is authorized to include
such pledge and agreement of the State in any resolution or contract with
the holders of Bonds.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-511) (from Ch. 122, par. 34A-511)
Sec. 34A-511.
Statutory lien.
Any pledge, assignment, lien or security
interest for the benefit of the holders of Bonds or Bond Anticipation Notes,
if any, created pursuant to this Act shall be valid and binding from the
time the Bonds are issued, without any physical delivery or further act,
and shall be valid and binding as against, and prior to any claims of, all
other parties having claims of
any kind in tort, contract or otherwise against the State, the Authority,
the Board or the City, or any other person, irrespective of whether such
other parties have notice thereof.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-512) (from Ch. 122, par. 34A-512)
Sec. 34A-512.
Complete authority.
This Act, without reference to any other
statute, shall be deemed full and complete authority for the issuance
of the Bonds and the Bond Anticipation Notes as hereinabove provided.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-601) (from Ch. 122, par. 34A-601)
Sec. 34A-601.
Hearings.
To the extent feasible, the Authority shall
provide for and encourage participation by the public in the development
and review of financial and educational policy. The Authority
shall hold public hearings as it may deem appropriate to the performance of
any of its functions. The Authority may designate one or more of its
Directors or may appoint one or more hearing officers to preside over any
hearing. The Authority shall hold public hearings as it may deem
appropriate to the performance of any of its functions. The Authority
shall have the power in connection with any such hearing to issue subpoenas
to require attendance of witnesses and the production of documents, and may
apply to any circuit court in the State to require compliance with such
subpoenas. Upon the request of the Authority, the Board shall provide the
facilities for and pay the expense of any hearing conducted by the Authority.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/34A-602) (from Ch. 122, par. 34A-602)
Sec. 34A-602.
Limitations of actions after abolition; indemnification.
(a) Abolition of the Authority pursuant to Section 34A-605 shall bar any
remedy available against the Authority, its Directors, employees, or agents,
for any right or claim existing, or any liability incurred, prior to such
abolition unless the action or other proceeding thereon is commenced prior
to the expiration of 2 years after the date of such abolition.
(b) The Authority may indemnify any Director, officer, employee, or
agent who was or is a party, or is threatened to be made a party to any
threatened, pending or completed action, suit or proceeding, whether civil,
criminal, administrative or investigative by reason of the fact that he
was a Director, officer, employee or agent of the Authority, against expenses
(including attorneys' fees), judgments, fines and amounts paid in settlement
actually and reasonably incurred by him in connection with such action,
suit or proceeding, if he acted in good faith and in a manner he reasonably
believed to be in, or not opposed to the best interests of the Authority
and, with respect to any criminal action or proceeding, had no reasonable
cause to believe his conduct was unlawful. The termination of any action,
suit or proceeding by judgment, order, settlement, conviction, or upon a
plea of nolo contendere or its equivalent, shall not, of itself, create
a presumption that the person did not act in good faith in a manner which
he reasonably believed to be in or not opposed to the best interest of the
Authority, and, with respect to any criminal action or proceeding, had reasonable
cause to believe that his conduct was unlawful.
To the extent that a Director, officer, employee or agent of the Authority
has been successful, on the merits or otherwise, in the defense of any such
action, suit or proceeding referred to in this subsection or in defense
of any claim, issue or matter therein, he shall be indemnified against expenses
(including attorney's fees) actually and reasonably incurred by him in connection
therewith. Any such indemnification shall be made by the Authority only
as authorized in the specific case, upon a determination that indemnification
of the Director, officer, employee or agent is proper in the circumstances
because he has met the applicable standard of conduct. Such determination
shall be made: (1) by the Board of Directors by a majority vote of a quorum
consisting of Directors who are not parties to such action, suit or proceeding,
or (2) if such a quorum is not obtainable, or, even if obtainable, a quorum
of disinterested Directors so directs, by independent legal counsel in a
written opinion.
Reasonable expenses incurred in defending an action, suit or proceeding
shall be paid by the Authority in advance of the final disposition of such
action, suit or proceeding, as authorized by the Board of Directors in the
specific case, upon
receipt of an undertaking by or on behalf of the Director, officer, employee
or agent to repay such amount, unless it shall ultimately be determined
that he is entitled to be indemnified by the Authority as authorized in this Section.
Any Director, officer, employee or agent against whom any action, suit
or proceeding is brought may employ his or her own attorney to appear on
his or her behalf.
The right to indemnification accorded by this Section shall not limit any
other right to indemnification to which the Director, officer, employee
or agent may be entitled. Any rights hereunder shall inure to the benefit
of the heirs, executors and administrators of any Director, officer, employee
or agent of the Authority.
The Authority may purchase and maintain insurance on behalf of any person
who is or was a Director, officer, employee or agent of the Authority against
any liability asserted against him and incurred by him in any such capacity,
or arising out of his status as such, whether or not the Authority would
have the power to indemnify him against such liability under the provisions
of this Section.
(Source: P.A. 82-97.)
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(105 ILCS 5/34A-603) (from Ch. 122, par. 34A-603)
Sec. 34A-603.
State, City or Board not liable on Obligations.
Obligations issued under the provisions of this Article shall not be deemed
to constitute a debt or liability of the State, the City or the Board or
of any political subdivision thereof other than the Authority or a pledge
of the full faith and credit of the State, the City or the Board or of any
such political subdivision other than the Authority, but shall be payable
solely from the funds and revenues herein provided therefor. The issuance
of Obligations under
the provisions of this Article shall not directly or indirectly or contingently
obligate the State, the City or the Board or any political subdivision thereof
other than the Authority
to levy any form of taxation therefor or to make any appropriation for their
payment. Nothing in this Section contained shall prevent or be construed
to prevent the Authority from pledging its full faith and credit to the
payment of obligations authorized pursuant to this Article. Nothing in
this Article shall be construed to authorize the Authority to create a debt
of the State, the City or the Board within the meaning of the Constitution
or Statutes of Illinois and all Obligations issued by the Authority pursuant
to the provisions of this Article are payable and shall state that
they are payable solely from the funds and revenues pledged for their payment
in accordance with the resolution authorizing their issuance or in any trust indenture
or mortgage or deed of trust executed as security therefor. The State,
the City or the Board shall not in any event be liable for the payment of
the principal of or interest on any Obligations of the Authority or for
the performance of any pledge, mortgage, obligation or agreement of any
kind whatsoever which may be undertaken by the Authority. No breach of
any such pledge, mortgage, obligation or agreement may impose any liability
upon the State, the City or the Board or any charge upon their general credit
or against their taxing power.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-604) (from Ch. 122, par. 34A-604)
Sec. 34A-604. Abolition of Authority. The Authority shall be abolished one year after all its Obligations have
been fully paid and discharged or otherwise provided for. Upon the abolition
of the Authority, all of its rights and property shall pass to and be vested
in the Board.
(Source: P.A. 96-705, eff. 1-1-10.)
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(105 ILCS 5/34A-605) (from Ch. 122, par. 34A-605)
Sec. 34A-605.
Obligations as legal investments.
The Obligations are hereby made securities in which all public officers
and bodies of this State and all political subdivisions of the State and
other persons carrying on an insurance business, all banks, bankers, trust
companies, saving banks and savings associations, including savings and
loan associations, building and loan associations, investment companies
and other persons carrying on a banking business, all credit unions, pension
funds, administrators, and guardians who are now or may hereafter be authorized
to invest in bonds or in other obligations of the State, may properly and
legally invest funds, including capital, in their control or belonging to
them. The Obligations are also
hereby made securities which may be deposited with and may be received by
all public officers and bodies of the State and all political subdivisions
of the State and public corporations for any purpose for which the deposit
of bonds or other obligations of the State is now or may hereafter be authorized.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-606) (from Ch. 122, par. 34A-606)
Sec. 34A-606. Reports.
(a) The Directors, upon taking office and annually thereafter, shall
prepare and submit to the Governor, Mayor, General Assembly, and City Council
a report which shall include the audited financial statement for the preceding
Fiscal Year of the Board, an approved Financial Plan or a statement of reasons
for the failure to adopt such a Financial Plan, a statement of the major
steps necessary to accomplish the objectives of the Financial Plan, and
a request for any legislation necessary to achieve the objectives of the
Financial Plan.
(b) Annual reports shall be submitted on or before May 1 of each year.
(c) The requirement for reporting to the General Assembly shall be
satisfied by filing copies of the report with the Board, the Governor,
the Mayor and as required
by Section 3.1 of the General Assembly Organization Act, and filing such
additional copies with the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(d) Each annual report required to be submitted through May 1, 1995,
shall also include: (i) a description of the activities of the Authority;
(ii) an analysis of the educational performance of the Board for
the preceding school year; (iii) an Approved System-Wide Educational Reform
Goals and Objectives Plan or a statement of reasons for the failure to
adopt such an Approved System-Wide Educational Reform Goals and Objectives
Plan; (iv) a statement of the major steps necessary to accomplish the goals
of the Approved System-Wide Educational Reform Goals and Objectives Plan;
(v) a commentary with respect to those Board policies and rules and those
provisions of The School Code and collective bargaining agreements between
the Board and its employees which, in the opinion of the Authority, are
obstacles and a hindrance to fulfillment of any Approved System-Wide
Educational Reform Goals and Objectives Plan; and (vi) a request for any
legislative action necessary to achieve the goals of the Approved
System-Wide Educational Reform Goals and Objectives Plan.
(Source: P.A. 100-1148, eff. 12-10-18.)
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(105 ILCS 5/34A-607) (from Ch. 122, par. 34A-607)
Sec. 34A-607.
Audit of Authority.
The Authority shall be subject to audit
in the manner now or hereafter provided for the audit of State funds and
accounts. A copy of the audit report shall be submitted to the Auditor
General, the Governor, the Speaker and Minority Leader of the House of Representatives
and the President and Minority Leader of the Senate.
(Source: P.A. 81-1221.)
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(105 ILCS 5/34A-608) (from Ch. 122, par. 34A-608)
Sec. 34A-608.
Sanctions.
(a) No member, officer, employee, or agent of the Board shall commit the
Board to any contract or other obligation or incur any liability on behalf
of the Board for any purpose if the amount of such contract, obligation
or liability is in excess of the amount authorized for that purpose then
available under the Financial Plan and Budget then in effect.
(b) No member, officer, employee, or agent of the Board shall commit the
Board to any contract or other obligation on behalf of the Board for the
payment of money for any purpose required to be approved by the Authority
unless such contract or other obligation has been approved by the Authority.
(c) No member, officer, employee, or agent of the Board shall take any
action in violation of any valid order of the Authority or shall fail or
refuse to take any action required by any such order or shall prepare, present,
or certify any information (including any projections or estimates) or report
for the Authority or any of its agents that is false or misleading, or,
upon learning that any such information is false or misleading, shall fail
promptly to advise the Authority or its agents.
(d) In addition to any penalty or liability under any other law, any member,
officer, employee, or agent of the Board who shall violate subsections (a),
(b), or (c) of this Section shall be subject to appropriate administrative
discipline, including, if warranted, suspension from duty without pay,
removal from office, or termination of employment.
(Source: P.A. 85-1418; 86-1477.)
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(105 ILCS 5/Art. 34B heading)
ARTICLE 34B
BRIDGE NOTE STATUTE
(Repealed)(Source: Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/Art. 35 heading)
ARTICLE 35.
BUILDINGS--SCHOOL BUILDING COMMISSION
(Repealed)(Source: Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/Art. 36 heading) ARTICLE 36.
REPEAL - SAVING
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(105 ILCS 5/36-1) (from Ch. 122, par. 36-1)
Sec. 36-1.
Repeal - Saving Clause.
The following acts are repealed:
"An Act providing for a system of free schools and for transportation
of all school children, and further providing for the establishment of
junior colleges with or without tuition charges," approved May 1, 1945,
as amended;
"An Act authorizing school districts to levy a tax to pay rental for
use and occupancy of school buildings owned by the State of Illinois,"
approved July 6, 1957;
"An Act to provide for the acquisition, construction, rental and
disposition of buildings used for school purposes," approved June 21,
1957;
"An Act to provide scholarships in institutions of higher learning
for qualified residents of the State, to create the State Scholarship
Commission and define its powers and duties, to provide for the
administration of a State scholarship program, and to make
appropriations for such purposes," approved June 21, 1957;
"An Act in relation to driver education courses in the public schools
and to make appropriations in connection therewith," approved July 9,
1957.
Such repeal shall not affect or impair any of the following: suits
pending or rights existing at the time this act takes effect; any grant
or conveyance made or right acquired or cause of action now existing
under any such act; the validity of any bonds or other obligations
issued or sold and constituting valid obligations of the issuing
authority at the time this act takes effect; the validity of any
contract; the validity of any tax levied under any law in effect prior
to the effective date of this Act; any offense committed, act done,
penalty, punishment or forfeiture incurred, or any claim, right, power
or remedy accrued under any law in effect prior to the effective date of
this Act; nor shall the repeal herein of any curative or validating act
affect the corporate existence or powers of any school district lawfully
validated thereby.
(Source: Laws 1961, p. 31.)
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