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
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105 ILCS 5/14-1.09a
(105 ILCS 5/14-1.09a)
(from Ch. 122, par. 14-1.09a)
School social worker.
"School Social Worker" means a
social worker who has graduated with a master's or higher degree in social
work from an accredited graduate school of social work and who has such
additional qualifications as may be required by the State Board of
Education and who holds a School Service Personnel Certificate endorsed for
school social work issued pursuant to Section 21-25 of this Code.
Persons so certified may use the title "school social worker" and may
offer school social work services which are limited to those services set
forth in 23 Ill. Adm. Code 226, Special Education, pertaining to children
between the ages of 3 to 21, promulgated by the State Board of Education.
School social workers may make evaluations, recommendations or
interventions regarding the placement of children in educational programs
or special education classes. However, a school social worker shall not
provide such services outside his or her employment to any student in the
district or districts which employ such school social worker.
(Source: P.A. 86-303.)
105 ILCS 5/14-1.09b
(105 ILCS 5/14-1.09b)
(a) For purposes of supervision of a speech-language pathology assistant,
"speech-language pathologist" means a person who has received a license
pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act
to engage in the practice of speech-language pathology.
(b) The School Service Personnel Certificate with a speech-language
endorsement shall be issued under Section 21-25 of this Code to a
speech-language pathologist who meets all of the following requirements:
(1) (A) Holds a regular license as a speech-language
pathologist pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act, (B) holds a current Certificate of Clinical Competence in speech-language pathology from the American Speech-Language-Hearing Association and a regular license in speech-language pathology from another state or territory or the District of Columbia and has applied for a regular license as a speech-language pathologist pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act, or (C) holds or has applied for a temporary license pursuant to Section 8.1 of the Illinois Speech-Language Pathology and Audiology Practice Act.
(2) Holds a master's or doctoral degree with a major
emphasis in speech-language pathology from an institution whose course of study was approved or program was accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology of the American Speech-Language-Hearing Association or its predecessor.
(3) Either (i) has completed a program of study that
meets the content area standards for speech-language pathologists approved by the State Board of Education, in consultation with the State Teachers Certification Board, (ii) has completed a program in another state, territory, or possession of the United States that is comparable to an approved program of study described in item (i), or (iii) holds a certificate issued by another state, territory, or possession of the United States that is comparable to the school service personnel certificate with a speech-language endorsement. If the requirements described in items (i), (ii), or (iii) of this paragraph (3) have not been met, a person must provide evidence that he or she has completed at least 150 clock hours of supervised experience in speech-language pathology with students with disabilities in a school setting, including experience required by federal law or federal court order; however, a person who lacks such experience may obtain interim certification as established by the Illinois State Board of Education, in consultation with the State Teacher Certification Board, and shall participate in school-based professional experience of at least 150 clock hours to meet this requirement.
(4) Has successfully completed the required Illinois
(5) Has paid the application fee required for
The provisions of this subsection (b) do not preclude the issuance of a
teaching certificate to a speech-language pathologist who qualifies for such a
(Source: P.A. 92-510, eff. 6-1-02; 93-112, eff. 1-1-04; 93-1060, eff. 12-23-04.)
105 ILCS 5/14-1.09c
(105 ILCS 5/14-1.09c)
Speech-language pathology assistant.
pathology assistant" means a person who has received a license to assist
a speech-language pathologist pursuant to the Illinois Speech-Language
Pathology and Audiology Practice Act.
(Source: P.A. 92-510, eff. 6-1-02.)
105 ILCS 5/14-1.09.1
(105 ILCS 5/14-1.09.1)
School psychological services.
In the public schools,
services provided by qualified specialists who hold Type 73 School
Service Personnel Certificates endorsed for school psychology issued by the
State Teacher Certification Board may
include, but are not limited to: (i) administration and interpretation of
educational evaluations; (ii) developing school-based prevention programs,
including violence prevention programs; (iii) counseling
with students, parents, and teachers
on educational and mental health issues; (iv) acting as liaisons between public
schools and community agencies; (v) evaluating
program effectiveness; (vi) providing crisis intervention within the
school setting; (vii) helping teachers, parents, and others involved in the
educational process to provide optimum teaching and learning conditions for all
students; (viii) supervising school psychologist interns enrolled in school
psychology programs that meet the standards established by the State Board of
Education; and (ix) screening of school enrollments to identify children who
should be referred for individual study. Nothing in this Section prohibits
other qualified professionals from providing those services
listed for which
they are appropriately trained.
(Source: P.A. 89-339, eff. 8-17-95.)
105 ILCS 5/14-1.09.2
(105 ILCS 5/14-1.09.2)
School Social Work Services.
public schools, social work services may be provided by qualified specialists
who hold Type 73 School Service Personnel Certificates endorsed for school
social work issued by the State Teacher Certification Board or who hold a Professional Educator License with a school support personnel endorsement in the area of school social worker under Section 21B-25 of this Code.
School social work services may include, but are not limited to:
(1) Identifying students in need of special education
services by conducting a social-developmental study in a case study evaluation;
(2) Developing and implementing comprehensive
interventions with students, parents, and teachers that will enhance student adjustment to, and performance in, the school setting;
(3) Consulting and collaborating with teachers and
other school personnel regarding behavior management and intervention plans and inclusion in support of special education students in regular classroom settings;
(4) Counseling with students, parents, and teachers
in accordance with the rules and regulations governing provision of related services, provided that parent permission must be obtained in writing before a student participates in a group counseling session;
(5) Acting as a liaison between the public schools
(6) Developing and implementing school-based
prevention programs, including mediation and violence prevention, implementing social and emotional education programs and services, and establishing and implementing bullying prevention and intervention programs;
(7) Providing crisis intervention within the school
(8) Supervising school social work interns enrolled
in school social work programs that meet the standards established by the State Board of Education;
(9) Providing parent education and counseling as
appropriate in relation to the child's educational assessment;
(10) Assisting in completing a functional behavioral
assessment, as well as assisting in the development of nonaversive behavioral intervention strategies; and
(11) Evaluating program effectiveness.
Nothing in this Section prohibits other certified professionals from
providing any of the services listed in this Section for which
they are appropriately trained.
(Source: P.A. 98-338, eff. 8-13-13.)
105 ILCS 5/14-1.09d
(105 ILCS 5/14-1.09d)
"Behavior analyst" means a person who is certified by the Behavior Analyst Certification Board.
(Source: P.A. 94-948, eff. 1-1-07.)
105 ILCS 5/14-1.10
(105 ILCS 5/14-1.10)
(from Ch. 122, par. 14-1.10)
"Qualified worker" means a trained specialist and includes a behavior analyst, certificated school nurse, professional consultant, registered therapist, school nurse intern, school counselor, school counselor intern, school psychologist, school psychologist intern, school social worker, school social worker intern, special administrator or supervisor giving full time to special education, speech language pathologist, speech language pathologist intern, and teacher of students with IEPs who meets the requirements of this Article, who has the required special training in the understandings, techniques, and special instructional strategies for children with disabilities and who delivers services to students with IEPs, and any other trained specialist set forth by the State Board of Education in rules.
(Source: P.A. 95-363, eff. 8-23-07; 96-257, eff. 8-11-09.)
105 ILCS 5/14-1.11
(105 ILCS 5/14-1.11)
(from Ch. 122, par. 14-1.11)
Resident district; parent; legal guardian.
district is the school district in which the parent or guardian, or both
parent and guardian, of the
student reside when:
(1) the parent has legal guardianship of the student
and resides within Illinois; or
(2) an individual guardian has been appointed by the
courts and resides within Illinois; or
(3) an Illinois public agency has legal guardianship
and the student resides either in the home of the parent or within the same district as the parent; or
(4) an Illinois court orders a residential placement
but the parents retain any legal rights or guardianship and have not been subject to a termination of parental rights order.
In cases of divorced or separated parents, when only one parent has legal
guardianship or custody, the district in which the parent having legal
guardianship or custody resides
is the resident district. When both parents retain legal guardianship or
custody, the resident district is the district in which either parent who
provides the student's primary regular fixed night-time abode resides;
provided, that the election of resident district may be made only one time per
When the parent has legal guardianship and lives outside of the State of
Illinois, or when the individual legal guardian other than the natural
parent lives outside the State of Illinois, the parent, legal guardian, or
other placing agent is responsible for making arrangements to pay the
Illinois school district serving the child for the educational services
provided. Those service costs shall be determined in accordance with Section
(Source: P.A. 95-844, eff. 8-15-08.)
105 ILCS 5/14-1.11a
(105 ILCS 5/14-1.11a)
(from Ch. 122, par. 14-1.11a)
Resident district; student.
The resident district is the school district in which the student resides when:
(1) the parent has legal guardianship but the
location of the parent is unknown; or
(2) an individual guardian has been appointed but the
location of the guardian is unknown; or
(3) the student is 18 years of age or older and no
legal guardian has been appointed; or
(4) the student is legally an emancipated minor; or
(5) an Illinois public agency has legal guardianship
and such agency or any court in this State has placed the student residentially outside of the school district in which the parent lives.
In cases where an Illinois public agency has legal guardianship and has
placed the student residentially outside of Illinois, the last school
district that provided at least 45 days of educational service to the
student shall continue to be the district of
residence until the student is no longer under guardianship of an Illinois
public agency or until the student is returned to Illinois.
The resident district of a homeless student is the Illinois district in
which the student enrolls for educational services. Homeless students
include individuals as defined in the Stewart B. McKinney Homeless Assistance
(Source: P.A. 95-844, eff. 8-15-08.)
105 ILCS 5/14-1.11b
(105 ILCS 5/14-1.11b)
(from Ch. 122, par. 14-1.11b)
Resident district; applicability.
The provisions of
Sections 14-1.11 and 14-1.11a shall be used to determine the resident
district in all cases where special education services and facilities are
provided pursuant to Article 14.
(Source: P.A. 87-1117.)
105 ILCS 5/14-2
(105 ILCS 5/14-2)
Definition of general education classroom for special education students receiving services in the general education classroom.
(a) With respect to any State statute or administrative rule that defines a general education classroom to be composed of a certain percentage of students with individualized education programs (IEPs), students with individualized education programs shall exclude students receiving only speech services outside of the general education classroom, provided that the instruction the students receive in the general education classroom does not require modification.
(b) In every instance, a school district must ensure that composition of the general education classroom does not interfere with the provision of a free and appropriate public education to any student.
(Source: P.A. 97-284, eff. 8-9-11.)
105 ILCS 5/14-3.01
(105 ILCS 5/14-3.01)
(from Ch. 122, par. 14-3.01)
This amendatory Act of 1998, in compliance with the reauthorization of IDEA
in 1997, makes changes in the membership and responsibilities of the Advisory
Council on the Education of Children with
Disabilities. The Council shall provide advice and policy guidance to the
Governor, General Assembly, and the State Board of Education with respect to
special education and related services for children with disabilities. The
State Board of Education shall seek the advice of the Advisory Council
regarding all rules and regulations related to the education of children with
disabilities that are to be promulgated by the State Board of Education. The
State Board of Education shall seek the advice of the Advisory Council on
modifications or additions to comprehensive plans submitted under Section
14-4.01. The Council shall consider any rule or regulation or plan submitted
to it by the State Board of Education within 60 days after its receipt by the
chairperson of the Council.
Additionally, the Advisory Council shall: (1) advise the General Assembly,
the Governor, and the State Board of Education on unmet needs in the education
of children with disabilities; (2) assist the State Board of Education in
developing evaluations and reporting on data to the United States Secretary of
Education; (3) advise the State Board of Education relative to qualifications
for hearing officers and the rules and procedures for hearings conducted under
Section 14-8.02 or 14-8.02a; (4) comment publicly on any rules or regulations
the State regarding the education of children with disabilities and the
procedures for distribution of funds under this Act; (5) advise the State Board
of Education in developing corrective action plans to address findings
identified in federal monitoring reports pursuant to the Individuals with
Disabilities Education Act; (6) advise State and local education agencies
regarding educational programs and materials that may be provided to children
with disabilities to enable them to fully exercise their constitutional and
legal rights and entitlements as citizens, including those afforded under the
Federal Rehabilitation Act of 1973, as amended, and the Illinois Human Rights
Act; and (7)
advise the State Board of Education in developing and implementing policies
relating to the coordination of services for children with disabilities.
The Council shall be composed of 27 members, including 23 voting members
appointed by the Governor and 4 ex-officio voting members. Members shall be
broadly representative of the State's population in regard to developmental,
physical, and mental disabilities, race, ethnic background, gender, and
geographic location. Nine members shall be parents of children with
disabilities between the ages of 3 and 21 years currently receiving special
education services at public expense. Five members shall be individuals with
disabilities, including one student or former student who is at least 18 years
of age and no older than 21 years of age at the time of
his or her appointment to the Council and who is receiving special education
services at public expense or received those services at the time his or her
high school program terminated. Within 30 days after
effective date of this amendatory Act of 1998, the Governor or his designee
shall invite statewide organizations, being as inclusive as possible and based
upon a reasonable inquiry, and Parent Training and Information Centers
representing parents of children with disabilities, individuals with
disabilities or both, to convene for the purpose of recommending
to the Governor twice the number of individuals required to be appointed as
members from each of the
categories described in this paragraph, from which the Governor may appoint the
14 members of the Council who are
parents of children with disabilities and individuals with disabilities. The
members who are parents of children with disabilities between the ages of 3 and
21 years receiving special education services at public expense and the 5
members who are individuals with disabilities shall not be current full or
part-time employees of school districts, special education cooperatives,
regional service areas or centers, or any agency under the jurisdiction of any
elected State official.
In addition, the Governor shall appoint one regional superintendent of
schools, one representative of an institution of higher education that prepares
special education and related services personnel, one teacher of students with
disabilities, one superintendent of a public school district, one director of a
special education cooperative or special education administrator from a school
district of less than 500,000 population, one representative of a public
charter school, one representative of a private school serving children with
disabilities, one representative of a vocational, community, or business
organization that provides transition services to children with disabilities,
and one at-large member from the general public. In addition, the Secretary of
Human Services or his or her designee, the Director of Children and Family
Services or his or her designee, the Director of Corrections or his or her
designee, and the Director of Special Education for the City of Chicago School
District #299 or his or her designee shall serve as ex-officio voting members
of the Council.
All Council members shall be legal residents of
the State of Illinois and shall be selected, as far as practicable, on the
basis of their knowledge of, or experience in, the education of children with
The initial members to be appointed to the Council by the Governor under the
provisions of this amendatory Act of 1998 shall be appointed within 60 days
after the effective date of that amendatory Act; provided that those persons
who are serving as Council members on that effective date and who, as
determined by the Governor after consultation with the State Board of
Education, meet the requirements established by this amendatory Act for
appointment to membership on the Council shall continue to serve as
Council members until the completion of the remainder of their current terms.
The initial members of the Council who are not Council members on the effective
date of this amendatory Act of 1998 and who are appointed by the Governor under
this amendatory Act of 1998 shall by lot determine one-third of their number to
serve for a term of 2 years (provided that person appointed as the student or
former student member shall be included among those members who are to serve a
term of 2 years), one-third of their number to serve for a term of 3
years, and one-third of their number to serve for a term of 4 years; provided,
that if the total number of initial members so appointed by the Governor is not
divisible into 3 whole numbers, all of the initial members so appointed shall
by lot be assigned to 3 groups as follows: (i) the members assigned to the
first group, who shall include the student or former student member and who
shall be equal in number
to the number of members who are assigned to the second group, shall serve for
2 years; (ii) the members assigned to the second group, who shall be equal in
number to the number of members who are assigned to the first group, shall
serve for a
term of 3 years; and (iii) the members assigned to the third group, who shall
comprise the remainder of the initial members so appointed by the Governor and
whose number shall be either one more or one less than the number of members
assigned to either the first group or second group, shall serve for a term of 4
years. Upon expiration of
the term of office of a member of the Council who is
not an ex-officio member, his or her successor shall be appointed by the
Governor to serve for a term of 4 years, except that a successor appointed as
the student or former student
member shall be appointed to serve for a term of 2 years. Each member of the
Council who is not
an ex-officio member and whose term of office expires shall nevertheless
continue to serve as a Council member until his or her successor is appointed.
Each of the 4 ex-officio members of the Council shall continue to serve as a
Council member during the period in which he or she continues to hold the
office by reason of which he or she became an ex-officio member of the Council.
The initial members of the Council who are not ex-officio members shall not,
upon completion of their respective
initial terms, be appointed to serve more than one additional consecutive term
of 4 years, nor shall any successor member of the Council be appointed to serve
more than 2 full consecutive 4-year terms; provided, that a person appointed as
the student or former student member shall serve only one two-year term and
shall not be reappointed to serve for an additional term. Vacancies in Council
held by parents of children with
disabilities or individuals with disabilities may be filled from the original
list of such parents and individuals recommended to the Governor. The Governor
shall reconvene the group of organizations that provided the original list of
parents of children with disabilities and individuals with disabilities when
additional recommendations for those Council memberships are needed, but at a
minimum the group shall be convened every 2 years for the purpose of updating
the list of recommended parents or individuals. A vacancy in an appointed
membership on the Council shall be filled for the unexpired balance of the term
of that membership in the same manner that the original appointment for that
membership was made.
The terms of all persons serving as Advisory Council members on the effective
date of this amendatory Act of 1998 who are not determined by the Governor,
consultation with the State Board of Education, to meet the requirements
established by this amendatory Act for appointment to initial membership on the
Council shall terminate on the date that the Governor completes his
the initial members of the Council under this amendatory Act, and the
members of the Council as constituted under this amendatory Act shall take
office and assume their powers and duties on that date.
The Council as constituted under this amendatory Act of 1998 shall organize
with a chairperson selected by the Council members and shall meet at the call
of the chairperson upon 10 days written notice but not less than 4 times a
year. The Council shall establish such committees and procedures as it deems
appropriate to carry out its responsibilities under this Act and the federal
Individuals with Disabilities Education Act.
The State Board of Education shall designate an employee to act as executive
secretary of the Council and shall furnish all professional and clerical
assistance necessary for the performance of its duties.
Members of the Council
shall serve without compensation but shall be reimbursed for the necessary
expenses incurred in the performance of their duties in accordance with the
State Board of Education's Travel Control Policy.
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97; 90-644, eff. 7-24-98.)
105 ILCS 5/14-3.02
(105 ILCS 5/14-3.02)
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/14-3.03
(105 ILCS 5/14-3.03)
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/14-4.01
(105 ILCS 5/14-4.01)
(from Ch. 122, par. 14-4.01)
Special educational facilities for
children with disabilities.
(a) School boards of any school districts that maintain a recognized
school, whether operating under the general law or under a special
charter, subject to any limitations hereinafter specified, shall
establish and maintain such special educational facilities as may be
needed for children with disabilities as defined in
Section 14-1.02 of this Article who are residents of
their school district, and such children, residents of other school
districts as may be authorized by this Article.
All such school boards shall place or by regulation may authorize the
director of special education to place, pursuant to procedures required
by this Act and rules and regulations promulgated by the State Board of
Education, eligible children into special education programs designed to
benefit children with disabilities defined in Sections
14-1.02 through 14-1.07
of this Act.
(b) All school districts, administrative districts or governing boards
for providing special education services shall
submit to the appropriate regional superintendent comprehensive plans or
thereto for the provision of special education services in accordance with
rules promulgated by the State Board of Education. Copies of comprehensive
plans or modifications thereto shall be forwarded by the regional
to the State Board of Education. Regional superintendents who provide special
education services shall submit comprehensive plans or modifications thereto
directly to the State Board of Education. Comprehensive plans or modifications
thereto shall be made available by regional superintendents for public inspection
during regular business hours.
The State Board of Education shall provide for the submission of comprehensive
plans not more frequently than once every 3 years but may require the submission
of such modifications as it deems necessary to achieve the purposes of this
Act and applicable federal law.
(c) Special education cooperatives established by school districts are eligible for school maintenance project grants under Section 5-100 of the School Construction Law.
(Source: P.A. 98-710, eff. 7-16-14.)