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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
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105 ILCS 5/34-58
(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(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)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
(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(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)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
(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(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)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
(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(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)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
(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(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)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
(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(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(105 ILCS 5/prec. Sec. 34-83 heading)
TEACHERS--EMPLOYMENT AND RETIREMENT
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105 ILCS 5/34-83
(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
(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
(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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