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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

SCHOOLS
(105 ILCS 5/) School Code.

105 ILCS 5/14-10.01

    (105 ILCS 5/14-10.01) (from Ch. 122, par. 14-10.01)
    Sec. 14-10.01. (Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)

105 ILCS 5/14-11.01

    (105 ILCS 5/14-11.01) (from Ch. 122, par. 14-11.01)
    Sec. 14-11.01. Educational materials coordinating unit. The State Board of Education shall maintain or contract for an educational materials coordinating unit for children with disabilities to provide:
        (1) Staff and resources for the coordination,
    
cataloging, standardizing, production, procurement, storage, and distribution of educational materials needed by children with visual disabilities and adults with disabilities.
        (2) Staff and resources of an instructional materials
    
center to include library, audio-visual, programmed, and other types of instructional materials peculiarly adapted to the instruction of pupils with disabilities.
    The educational materials coordinating unit shall have as its major purpose the improvement of instructional programs for children with disabilities and the in-service training of all professional personnel associated with programs of special education and to these ends is authorized to operate under rules and regulations of the State Board of Education with the advice of the Advisory Council.
(Source: P.A. 99-143, eff. 7-27-15.)

105 ILCS 5/14-11.02

    (105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02)
    Sec. 14-11.02. Notwithstanding any other Sections of this Article, the State Board of Education shall develop and operate or contract for the operation of a service center for persons who are deaf-blind. For the purpose of this Section, persons with deaf-blindness are persons who have both auditory and visual impairments, the combination of which causes such severe communication and other developmental, educational, vocational and rehabilitation problems that such persons cannot be properly accommodated in special education or vocational rehabilitation programs solely for persons with both hearing and visual disabilities.
    To be eligible for deaf-blind services, a person must have (i) a visual impairment and an auditory impairment, or (ii) a condition in which there is a progressive loss of hearing or vision or both that results in concomitant vision and hearing impairments and that adversely affects educational performance as determined by the multidisciplinary conference. For purposes of this paragraph and Section:
        (A) A visual impairment is defined to mean one or
    
more of the following: (i) corrected visual acuity poorer than 20/70 in the better eye; (ii) restricted visual field of 20 degrees or less in the better eye; (iii) cortical blindness; (iv) does not appear to respond to visual stimulation, which adversely affects educational performance as determined by the multidisciplinary conference.
        (B) An auditory impairment is defined to mean one or
    
more of the following: (i) a sensorineural or ongoing or chronic conductive hearing loss with aided sensitivity of 30dB HL or poorer; (ii) functional auditory behavior that is significantly discrepant from the person's present cognitive and/or developmental levels, which adversely affects educational performance as determined by the multidisciplinary conference.
    The State Board of Education is empowered to establish, maintain and operate or contract for the operation of a permanent state-wide service center known as the Philip J. Rock Center and School. The School serves eligible children between the ages of 3 and 21; the Center serves eligible persons of all ages. Services provided by the Center include, but are not limited to:
        (1) Identifying and case management of persons who
    
are auditorily and visually impaired;
        (2) Providing families with appropriate counseling;
        (3) Referring persons who are deaf-blind to
    
appropriate agencies for medical and diagnostic services;
        (4) Referring persons who are deaf-blind to
    
appropriate agencies for educational, training and care services;
        (5) Developing and expanding services throughout the
    
State to persons who are deaf-blind. This will include ancillary services, such as transportation so that the individuals can take advantage of the expanded services;
        (6) Maintaining a residential-educational training
    
facility in the Chicago metropolitan area located in an area accessible to public transportation;
        (7) Receiving, dispensing, and monitoring State and
    
Federal funds to the School and Center designated for services to persons who are deaf-blind;
        (8) Coordinating services to persons who are
    
deaf-blind through all appropriate agencies, including the Department of Children and Family Services and the Department of Human Services;
        (9) Entering into contracts with other agencies to
    
provide services to persons who are deaf-blind;
        (10) Operating on a no-reject basis. Any individual
    
referred to the Center for service and diagnosed as deaf-blind, as defined in this Act, shall qualify for available services;
        (11) Serving as the referral clearinghouse for all
    
persons who are deaf-blind, age 21 and older; and
        (12) Providing transition services for students of
    
Philip J. Rock School who are deaf-blind and between the ages of 14 1/2 and 21.
    The Advisory Board for Services for Persons who are Deaf-Blind shall provide advice to the State Superintendent of Education, the Governor, and the General Assembly on all matters pertaining to policy concerning persons who are deaf-blind, including the implementation of legislation enacted on their behalf.
    Regarding the maintenance, operation and education functions of the Philip J. Rock Center and School, the Advisory Board shall also make recommendations pertaining to but not limited to the following matters:
        (1) Existing and proposed programs of all State
    
agencies that provide services for persons who are deaf-blind;
        (2) The State program and financial plan for
    
deaf-blind services and the system of priorities to be developed by the State Board of Education;
        (3) Standards for services in facilities serving
    
persons who are deaf-blind;
        (4) Standards and rates for State payments for any
    
services purchased for persons who are deaf-blind;
        (5) Services and research activities in the field of
    
deaf-blindness, including evaluation of services; and
        (6) Planning for personnel/preparation, both
    
preservice and inservice.
    The Advisory Board shall consist of 3 persons appointed by the Governor; 2 persons appointed by the State Superintendent of Education; 4 persons appointed by the Secretary of Human Services; and 2 persons appointed by the Director of Children and Family Services. The 3 appointments of the Governor shall consist of a senior citizen 60 years of age or older, a consumer who is deaf-blind, and a parent of a person who is deaf-blind; provided that if any gubernatorial appointee serving on the Advisory Board on the effective date of this amendatory Act of 1991 is not either a senior citizen 60 years of age or older or a consumer who is deaf-blind or a parent of a person who is deaf-blind, then whenever that appointee's term of office expires or a vacancy in that appointee's office sooner occurs, the Governor shall make the appointment to fill that office or vacancy in a manner that will result, at the earliest possible time, in the Governor's appointments to the Advisory Board being comprised of one senior citizen 60 years of age or older, one consumer who is deaf-blind, and one parent of a person who is deaf-blind. One person designated by each agency other than the Department of Human Services may be an employee of that agency. Two persons appointed by the Secretary of Human Services may be employees of the Department of Human Services. The appointments of each appointing authority other than the Governor shall include at least one parent of an individual who is deaf-blind or a person who is deaf-blind.
    Vacancies in terms shall be filled by the original appointing authority. After the original terms, all terms shall be for 3 years.
    Except for those members of the Advisory Board who are compensated for State service on a full-time basis, members shall be reimbursed for all actual expenses incurred in the performance of their duties. Each member who is not compensated for State service on a full-time basis shall be compensated at a rate of $50 per day which he spends on Advisory Board duties. The Advisory Board shall meet at least 4 times per year and not more than 12 times per year.
    The Advisory Board shall provide for its own organization.
    Six members of the Advisory Board shall constitute a quorum. The affirmative vote of a majority of all members of the Advisory Board shall be necessary for any action taken by the Advisory Board.
(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)

105 ILCS 5/14-11.03

    (105 ILCS 5/14-11.03) (from Ch. 122, par. 14-11.03)
    Sec. 14-11.03. Illinois Service Resource Center. The State Board of Education shall maintain, subject to appropriations for such purpose, the Service Resource Center for children and adolescents through the age of 21 who are deaf or hard-of-hearing and have an emotional or behavioral disorder. For the purpose of this Section, "children and adolescents who are deaf or hard-of-hearing and have an emotional or behavioral disorder" have an auditory impairment that is serious enough to warrant an array of special services and special education programs in order to assist both educationally and socially and the behavior is seriously disruptive and unacceptable to peers, educational staff, and persons in the community, or presents a danger to self or others.
    The State Board shall operate or contract for the operation of the Illinois Service Resource Center for children and adolescents through the age of 21 who are deaf or hard-of-hearing and have an emotional or behavioral disorder. The Illinois Service Resource Center shall function as the initial point of contact for students, parents, and professionals. All existing and future services shall be coordinated through the Center.
    The Illinois Service Resource Center shall:
    (a) Develop and maintain a directory of public and private resources, including crisis intervention.
    (b) Establish and maintain a Statewide identification and tracking system.
    (c) Develop, obtain, and assure the consistency of screening instruments.
    (d) Perform case coordination, referral, and consultation services.
    (e) Provide technical assistance and training for existing programs and providers.
    (f) Track the allocation and expenditure of State and federal funds.
    (g) Monitor, evaluate, and assess Statewide resources, identification of services gaps, and the development and delivery of services.
    (h) Identify by geographical areas the need for establishing evaluation and crisis intervention services and establish a pilot in downstate Illinois. The Service Resource Center shall provide for the coordination of services for children who are deaf or hard-of-hearing and have an emotional or behavioral disorder throughout the State and shall pilot a service delivery model to identify the capacity and need for comprehensive evaluation, crisis management, stabilization, referral, transition, family intervention, and follow-up services.
    (i) Integrate the recommendations of the Interagency Board for Children who are Deaf or Hard-of-Hearing and have an Emotional or Behavioral Disorder regarding policies affecting children who are deaf or hard-of-hearing and have an emotional or behavioral disorder.
    (j) Provide limited direct services as required.
    The Center, if established, shall operate on a no-reject basis. Any child or adolescent diagnosed as deaf or hard-of-hearing and having an emotional or behavioral disorder under this Act who is referred to the Center for services shall qualify for services of the Center. The requirement of the no-reject basis shall be paramount in negotiating contracts and in supporting other agency services.
(Source: P.A. 88-663, eff. 9-16-94; 89-680, eff. 1-1-97.)

105 ILCS 5/14-12.01

    (105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
    Sec. 14-12.01. Account of expenditures - Cost report - Reimbursement. Each school board shall keep an accurate, detailed and separate account of all monies paid out by it for the maintenance of each of the types of facilities, classes and schools authorized by this Article for the instruction and care of pupils attending them and for the cost of their transportation, and shall annually report thereon indicating the cost of each such elementary or high school pupil for the school year ending June 30.
    Applications for preapproval for reimbursement for costs of special education must be first submitted through the office of the regional superintendent of schools to the State Superintendent of Education on or before 30 days after a special class or service is started. Applications shall set forth a plan for special education established and maintained in accordance with this Article. Such applications shall be limited to the cost of construction and maintenance of special education facilities designed and utilized to house instructional programs, diagnostic services, other special education services for children with disabilities and reimbursement as provided in Section 14-13.01. Such application shall not include the cost of construction or maintenance of any administrative facility separated from special education facilities designed and utilized to house instructional programs, diagnostic services, and other special education services for children with disabilities. Reimbursement claims for special education shall be made as follows:
    Each district shall file its claim computed in accordance with rules prescribed by the State Board of Education for approval on forms prescribed by the State Superintendent of Education. Data used as a basis of reimbursement claims shall be for the school year ended on June 30 preceding. Each school district shall transmit to the State Superintendent of Education its claims on or before August 15. The State Superintendent of Education before approving any such claims shall determine their accuracy and whether they are based upon services and facilities provided under approved programs. Upon approval, vouchers for the amounts due the respective districts shall be prepared and submitted during each fiscal year as follows: the first 3 vouchers shall be prepared by the State Superintendent of Education and transmitted to the Comptroller on the 30th day of September, December and March, respectively, and the final voucher, no later than June 20. If, after preparation and transmittal of the September 30 vouchers, any claim has been redetermined by the State Superintendent of Education, subsequent vouchers shall be adjusted in amount to compensate for any overpayment or underpayment previously made. If the money appropriated by the General Assembly for such purpose for any year is insufficient, it shall be apportioned on the basis of the claims approved.
    Claims received at the State Board of Education after August 15 shall not be honored.
(Source: P.A. 94-1100, eff. 2-2-07.)

105 ILCS 5/14-12.02

    (105 ILCS 5/14-12.02)
    Sec. 14-12.02. (Repealed).
(Source: P.A. 85-1150. Repealed by P.A. 94-1105, eff. 6-1-07.)

105 ILCS 5/14-13.01

    (105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
    Sec. 14-13.01. Reimbursement payable by State; amounts for personnel and transportation.
    (a) For staff working on behalf of children who have not been identified as eligible for special education and for eligible children with physical disabilities, including all eligible children whose placement has been determined under Section 14-8.02 in hospital or home instruction, 1/2 of the teacher's salary but not more than $1,000 annually per child or $9,000 per teacher, whichever is less. A child qualifies for home or hospital instruction if it is anticipated that, due to a medical condition, the child will be unable to attend school, and instead must be instructed at home or in the hospital, for a period of 2 or more consecutive weeks or on an ongoing intermittent basis. For purposes of this Section, "ongoing intermittent basis" means that the child's medical condition is of such a nature or severity that it is anticipated that the child will be absent from school due to the medical condition for periods of at least 2 days at a time multiple times during the school year totaling at least 10 days or more of absences. There shall be no requirement that a child be absent from school a minimum number of days before the child qualifies for home or hospital instruction. In order to establish eligibility for home or hospital services, a student's parent or guardian must submit to the child's school district of residence a written statement from a physician licensed to practice medicine in all of its branches stating the existence of such medical condition, the impact on the child's ability to participate in education, and the anticipated duration or nature of the child's absence from school. Home or hospital instruction may commence upon receipt of a written physician's statement in accordance with this Section, but instruction shall commence not later than 5 school days after the school district receives the physician's statement. Special education and related services required by the child's IEP or services and accommodations required by the child's federal Section 504 plan must be implemented as part of the child's home or hospital instruction, unless the IEP team or federal Section 504 plan team determines that modifications are necessary during the home or hospital instruction due to the child's condition. Eligible children to be included in any reimbursement under this paragraph must regularly receive a minimum of one hour of instruction each school day, or in lieu thereof of a minimum of 5 hours of instruction in each school week in order to qualify for full reimbursement under this Section. If the attending physician for such a child has certified that the child should not receive as many as 5 hours of instruction in a school week, however, reimbursement under this paragraph on account of that child shall be computed proportionate to the actual hours of instruction per week for that child divided by 5. The State Board of Education shall establish rules governing the required qualifications of staff providing home or hospital instruction.
    (b) For children described in Section 14-1.02, 80% of the cost of transportation approved as a related service in the Individualized Education Program for each student in order to take advantage of special educational facilities. Transportation costs shall be determined in the same fashion as provided in Section 29-5. For purposes of this subsection (b), the dates for processing claims specified in Section 29-5 shall apply.
    (c) For each qualified worker, the annual sum of $9,000.
    (d) For one full time qualified director of the special education program of each school district which maintains a fully approved program of special education the annual sum of $9,000. Districts participating in a joint agreement special education program shall not receive such reimbursement if reimbursement is made for a director of the joint agreement program.
    (e) (Blank).
    (f) (Blank).
    (g) For readers, working with blind or partially seeing children 1/2 of their salary but not more than $400 annually per child. Readers may be employed to assist such children and shall not be required to be certified but prior to employment shall meet standards set up by the State Board of Education.
    (h) For non-certified employees, as defined by rules promulgated by the State Board of Education, who deliver services to students with IEPs, 1/2 of the salary paid or $3,500 per employee, whichever is less.
    The State Board of Education shall set standards and prescribe rules for determining the allocation of reimbursement under this section on less than a full time basis and for less than a school year.
    When any school district eligible for reimbursement under this Section operates a school or program approved by the State Superintendent of Education for a number of days in excess of the adopted school calendar but not to exceed 235 school days, such reimbursement shall be increased by 1/180 of the amount or rate paid hereunder for each day such school is operated in excess of 180 days per calendar year.
    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 29-5 of this Code may classify all or a portion of the funds that it receives in a particular fiscal year or from general State aid pursuant to Section 18-8.05 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.
(Source: P.A. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)

105 ILCS 5/14-14.01

    (105 ILCS 5/14-14.01) (from Ch. 122, par. 14-14.01)
    Sec. 14-14.01. Warrants for reimbursement. The State Comptroller shall draw his warrants on the State Treasurer on or before September 30 of each year for the respective sums for reimbursement for special education reported to him on presentation of vouchers approved by the State Superintendent of Education.
(Source: P.A. 83-729.)

105 ILCS 5/14-15.01

    (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
    Sec. 14-15.01. Community and Residential Services Authority.
    (a) (1) The Community and Residential Services Authority is hereby created and shall consist of the following members:
    A representative of the State Board of Education;
    Four representatives of the Department of Human Services appointed by the Secretary of Human Services, with one member from the Division of Community Health and Prevention, one member from the Division of Developmental Disabilities, one member from the Division of Mental Health, and one member from the Division of Rehabilitation Services;
    A representative of the Department of Children and Family Services;
    A representative of the Department of Juvenile Justice;
    A representative of the Department of Healthcare and Family Services;
    A representative of the Attorney General's Disability Rights Advocacy Division;
    The Chairperson and Minority Spokesperson of the House and Senate Committees on Elementary and Secondary Education or their designees; and
    Six persons appointed by the Governor. Five of such appointees shall be experienced or knowledgeable relative to provision of services for individuals with a behavior disorder or a severe emotional disturbance and shall include representatives of both the private and public sectors, except that no more than 2 of those 5 appointees may be from the public sector and at least 2 must be or have been directly involved in provision of services to such individuals. The remaining member appointed by the Governor shall be or shall have been a parent of an individual with a behavior disorder or a severe emotional disturbance, and that appointee may be from either the private or the public sector.
    (2) Members appointed by the Governor shall be appointed for terms of 4 years and shall continue to serve until their respective successors are appointed; provided that the terms of the original appointees shall expire on August 1, 1990. Any vacancy in the office of a member appointed by the Governor shall be filled by appointment of the Governor for the remainder of the term.
    A vacancy in the office of a member appointed by the Governor exists when one or more of the following events occur:
        (i) An appointee dies;
        (ii) An appointee files a written resignation with
    
the Governor;
        (iii) An appointee ceases to be a legal resident of
    
the State of Illinois; or
        (iv) An appointee fails to attend a majority of
    
regularly scheduled Authority meetings in a fiscal year.
    Members who are representatives of an agency shall serve at the will of the agency head. Membership on the Authority shall cease immediately upon cessation of their affiliation with the agency. If such a vacancy occurs, the appropriate agency head shall appoint another person to represent the agency.
    If a legislative member of the Authority ceases to be Chairperson or Minority Spokesperson of the designated Committees, they shall automatically be replaced on the Authority by the person who assumes the position of Chairperson or Minority Spokesperson.
    (b) The Community and Residential Services Authority shall have the following powers and duties:
        (1) To conduct surveys to determine the extent of
    
need, the degree to which documented need is currently being met and feasible alternatives for matching need with resources.
        (2) To develop policy statements for interagency
    
cooperation to cover all aspects of service delivery, including laws, regulations and procedures, and clear guidelines for determining responsibility at all times.
        (3) To recommend policy statements and provide
    
information regarding effective programs for delivery of services to all individuals under 22 years of age with a behavior disorder or a severe emotional disturbance in public or private situations.
        (4) To review the criteria for service eligibility,
    
provision and availability established by the governmental agencies represented on this Authority, and to recommend changes, additions or deletions to such criteria.
        (5) To develop and submit to the Governor, the
    
General Assembly, the Directors of the agencies represented on the Authority, and the State Board of Education a master plan for individuals under 22 years of age with a behavior disorder or a severe emotional disturbance, including detailed plans of service ranging from the least to the most restrictive options; and to assist local communities, upon request, in developing or strengthening collaborative interagency networks.
        (6) To develop a process for making determinations in
    
situations where there is a dispute relative to a plan of service for individuals or funding for a plan of service.
        (7) To provide technical assistance to parents,
    
service consumers, providers, and member agency personnel regarding statutory responsibilities of human service and educational agencies, and to provide such assistance as deemed necessary to appropriately access needed services.
    (c) (1) The members of the Authority shall receive no compensation for their services but shall be entitled to reimbursement of reasonable expenses incurred while performing their duties.
    (2) The Authority may appoint special study groups to operate under the direction of the Authority and persons appointed to such groups shall receive only reimbursement of reasonable expenses incurred in the performance of their duties.
    (3) The Authority shall elect from its membership a chairperson, vice-chairperson and secretary.
    (4) The Authority may employ and fix the compensation of such employees and technical assistants as it deems necessary to carry out its powers and duties under this Act. Staff assistance for the Authority shall be provided by the State Board of Education.
    (5) Funds for the ordinary and contingent expenses of the Authority shall be appropriated to the State Board of Education in a separate line item.
    (d) (1) The Authority shall have power to promulgate rules and regulations to carry out its powers and duties under this Act.
    (2) The Authority may accept monetary gifts or grants from the federal government or any agency thereof, from any charitable foundation or professional association or from any other reputable source for implementation of any program necessary or desirable to the carrying out of the general purposes of the Authority. Such gifts and grants may be held in trust by the Authority and expended in the exercise of its powers and performance of its duties as prescribed by law.
    (3) The Authority shall submit an annual report of its activities and expenditures to the Governor, the General Assembly, the directors of agencies represented on the Authority, and the State Superintendent of Education.
(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09.)

105 ILCS 5/14-16

    (105 ILCS 5/14-16)
    Sec. 14-16. Participation in graduation ceremony.
    (a) This Section may be referred to as Brittany's Law. The General Assembly finds the following:
        (1) Each year, school districts across this State
    
celebrate their students' accomplishments through graduation ceremonies at which high school diplomas are bestowed upon students who have completed their high school requirements.
        (2) There are children with disabilities in this
    
State who have finished 4 years of high school, but whose individualized education programs prescribe the continuation of special education, transition planning, transition services, or related services beyond the completion of 4 years of high school.
        (3) It is well-established that the awarding of a
    
high school diploma to and the high school graduation of a child with a disability is tantamount to the termination of eligibility for special education and related services for the student under applicable federal law.
        (4) Many children with disabilities who will
    
continue their public education in accordance with their individualized education programs after finishing 4 years of high school wish to celebrate their accomplishments by participating in a graduation ceremony with their classmates.
        (5) The opportunity for classmates with disabilities
    
and those without disabilities to celebrate their accomplishments together only occurs once, and the opportunity to celebrate the receipt of a diploma several years after one's classmates have graduated diminishes the experience for students whose age peers have left high school several years earlier.
    (b) Beginning March 1, 2005, each school district that operates a high school must have a policy and procedures that allow a child with a disability who will have completed 4 years of high school at the end of a school year to participate in the graduation ceremony of the student's high school graduating class and receive a certificate of completion if the student's individualized education program prescribes special education, transition planning, transition services, or related services beyond the student's 4 years of high school. The policy and procedures must require timely and meaningful written notice to children with disabilities and their parents or guardians about the school district's policy and procedures adopted in accordance with this Section.
    (c) The State Board of Education shall monitor and enforce compliance with the provisions of this Section and is authorized to adopt rules for that purpose.
(Source: P.A. 93-1079, eff. 1-21-05.)

105 ILCS 5/Art. 14A

 
    (105 ILCS 5/Art. 14A heading)
ARTICLE 14A. GIFTED AND TALENTED CHILDREN
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-5

    (105 ILCS 5/14A-5)
    Sec. 14A-5. Applicability. This Article applies beginning with the 2006-2007 school year.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-10

    (105 ILCS 5/14A-10)
    Sec. 14A-10. Legislative findings. The General Assembly finds the following:
        (1) that gifted and talented children (i) exhibit
    
high performance capabilities in intellectual, creative, and artistic areas, (ii) possess an exceptional leadership potential, (iii) excel in specific academic fields, and (iv) have the potential to be influential in business, government, health care, the arts, and other critical sectors of our economic and cultural environment;
        (2) that gifted and talented children require
    
services and activities that are not ordinarily provided by schools; and
        (3) that outstanding talents are present in children
    
and youth from all cultural groups, across all economic strata, and in all areas of human endeavor.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-15

    (105 ILCS 5/14A-15)
    Sec. 14A-15. Purpose. The purpose of this Article is to provide encouragement, assistance, and guidance to school districts in the development and improvement of educational programs for gifted and talented children as defined in Section 14A-20 of this Code. School districts shall continue to have the authority and flexibility to design education programs for gifted and talented children in response to community needs, but these programs must comply with the requirements established in Section 14A-30 of this Code by no later than September 1, 2006 in order to merit approval by the State Board of Education in order to qualify for State funding for the education of gifted and talented children, should such funding become available.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-20

    (105 ILCS 5/14A-20)
    Sec. 14A-20. Gifted and talented children. For purposes of this Article, "gifted and talented children" means children and youth with outstanding talent who perform or show the potential for performing at remarkably high levels of accomplishment when compared with other children and youth of their age, experience, and environment. A child shall be considered gifted and talented in any area of aptitude, and, specifically, in language arts and mathematics, by scoring in the top 5% locally in that area of aptitude.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-25

    (105 ILCS 5/14A-25)
    Sec. 14A-25. Non-discrimination. Eligibility for participation in programs established pursuant to this Article shall be determined solely through identification of a child as gifted or talented. No program shall condition participation upon race, religion, sex, disability, or any factor other than the identification of the child as gifted or talented.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-30

    (105 ILCS 5/14A-30)
    Sec. 14A-30. Funding of local gifted education programs. A local program for the education of gifted and talented children may be approved for funding by the State Board of Education, pursuant to a request for proposals process, if funds for that purpose are available and, beginning with the beginning of the 2010-2011 academic year, if the local program submits an application for funds that includes a comprehensive plan (i) showing that the applicant is capable of meeting a portion of the following requirements, (ii) showing the program elements currently in place and a timeline for implementation of other elements, and (iii) demonstrating to the satisfaction of the State Board of Education that the applicant is capable of implementing a program of gifted education consistent with this Article:
        (1) The use of assessment instruments, such as
    
nonverbal ability tests and tests in students' native languages, and a selection process that is equitable to and inclusive of underrepresented groups, including low-income students, minority students, students with disabilities, twice-exceptional students, and English learners.
        (2) A priority emphasis on language arts and
    
mathematics.
        (3) The use of multiple valid assessments that assess
    
both demonstrated achievement and potential for achievement, including cognitive ability tests and general or subject specific achievement tests, applied universally to all students, and appropriate for the content focus of the gifted services that will be provided. School districts and schools may add other local, valid assessments, such as portfolios. Assessments and selection processes must ensure multiple pathways into the program.
        (4) The use of score ranges on assessments that are
    
appropriate for the school or district population, including the use of local norms for achievement to identify high potential students.
        (5) A process of identification of gifted and
    
talented children that is of equal rigor in each area of aptitude addressed by the program.
        (6) The use of identification procedures that
    
appropriately correspond with the planned programs, curricula, and services.
        (7) A fair and equitable decision-making process.
        (8) The availability of a fair and impartial appeal
    
process within the school, school district, or cooperative of school districts operating a program for parents or guardians whose children are aggrieved by a decision of the school, school district, or cooperative of school districts regarding eligibility for participation in a program.
        (9) Procedures for annually informing the community
    
at-large, including parents, about the program and the methods used for the identification of gifted and talented children.
        (10) Procedures for notifying parents or guardians of
    
a child of a decision affecting that child's participation in a program.
        (11) A description of how gifted and talented
    
children will be grouped and instructed in order to maximize the educational benefits the children derive from participation in the program, including curriculum modifications and options that accelerate and add depth and complexity to the curriculum content.
        (12) An explanation of how the program emphasizes
    
higher-level skills attainment, including problem-solving, critical thinking, creative thinking, and research skills, as embedded within relevant content areas.
        (13) A methodology for measuring academic growth for
    
gifted and talented children and a procedure for communicating a child's progress to his or her parents or guardian, including, but not limited to, a report card.
        (14) The collection of data on growth in learning for
    
children in a program for gifted and talented children and the reporting of the data to the State Board of Education.
        (15) The designation of a supervisor responsible for
    
overseeing the educational program for gifted and talented children.
        (16) A showing that the certified teachers who are
    
assigned to teach gifted and talented children understand the characteristics and educational needs of children and are able to differentiate the curriculum and apply instructional methods to meet the needs of the children.
        (17) Plans for the continuation of professional
    
development for staff assigned to the program serving gifted and talented children.
(Source: P.A. 99-706, eff. 7-29-16.)

105 ILCS 5/14A-35

    (105 ILCS 5/14A-35)
    Sec. 14A-35. Administrative functions of the State Board of Education.
    (a) The State Board of Education must designate a staff person who shall be in charge of educational programs for gifted and talented children. This staff person shall, at a minimum, (i) be responsible for developing an approval process for educational programs for gifted and talented children by no later than September 1, 2006, (ii) receive and maintain the written descriptions of all programs for gifted and talented children in the State, (iii) collect and maintain the annual growth in learning data submitted by a school, school district, or cooperative of school districts, (iv) identify potential funding sources for the education of gifted and talented children, and (v) serve as the main contact person at the State Board of Education for program supervisors and other school officials, parents, and other stakeholders regarding the education of gifted and talented children.
    (b) Subject to the availability of funds for these purposes, the State Board of Education may perform a variety of additional administrative functions with respect to the education of gifted and talented children, including, but not limited to, supervision, quality assurance, compliance monitoring, and oversight of local programs, analysis of performance outcome data submitted by local educational agencies, the establishment of personnel standards, and a program of personnel development for teachers and administrative personnel in the education of gifted and talented children.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-40

    (105 ILCS 5/14A-40)
    Sec. 14A-40. Advisory Council. There is hereby created an Advisory Council on the Education of Gifted and Talented Children to consist of 7 members appointed by the State Superintendent of Education. Upon initial appointment, 4 members of the Advisory Council shall serve terms through January 1, 2007 and 3 members shall serve terms through January 1, 2009. Thereafter, members shall serve 4-year terms. Upon the expiration of the term of a member, that member shall continue to serve until a replacement is appointed. The Council shall meet at least 3 times each year. The Council shall organize with a chairperson selected by the State Superintendent of Education. Members of the Council shall serve without compensation, but shall be reimbursed for their travel to and from meetings and other reasonable expenses in connection with meetings if approved by the State Board of Education.
    The State Board of Education shall consider recommendations for membership on the Council from organizations of educators and parents of gifted and talented children and other groups with an interest in the education of gifted and talented children. The members appointed shall be residents of the State and be selected on the basis of their knowledge of, or experience in, programs and problems of the education of gifted and talented children.
    The State Superintendent of Education shall seek the advice of the Council regarding all rules and policies to be adopted by the State Board relating to the education of gifted and talented children. The staff person designated pursuant to subsection (a) of Section 14A-35 of this Code shall serve as the State Board of Education's liaison to the Council. The State Board of Education shall provide necessary clerical support and assistance in order to facilitate meetings of the Council.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-45

    (105 ILCS 5/14A-45)
    Sec. 14A-45. Grants for services and materials. Subject to the availability of categorical grant funding or other funding appropriated for such purposes, the State Board of Education shall make grants available to fund educational programs for gifted and talented children. A request-for-proposal process shall be used in awarding grants for services and materials, with carry over to the next fiscal year, under this Section. A proposal may be submitted to the State Board of Education by a school district, 2 or more cooperating school districts, a county, 2 or more cooperating counties, an established professional organization in gifted education, or a regional office of education. The proposals shall include a statement of the qualifications and duties of the personnel required in the field of diagnostic, counseling, and consultative services and the educational materials necessary. Upon receipt, the State Board of Education shall evaluate the proposals in accordance with criteria developed by the State Board of Education that is consistent with this Article and shall award grants to the extent funding is available. Educational programs for gifted and talented children may be offered during the regular school term and may include optional summer programs. As a condition for State funding, a grantee must comply with the requirements of this Article.
(Source: P.A. 96-1152, eff. 7-21-10.)

105 ILCS 5/14A-50

    (105 ILCS 5/14A-50)
    Sec. 14A-50. Contracts for experimental projects and institutes. Subject to the availability of funds, the State Board of Education shall have the authority to enter into and monitor contracts with school districts, regional offices of education, colleges, universities, and professional organizations for the conduct of experimental projects and institutes, including summer institutes, in the field of education of gifted and talented children as defined in Section 14A-20 of this Code. These projects and institutes shall be established in accordance with rules adopted by the State Board of Education. Prior to entering into a contract, the State Board of Education shall evaluate the proposal as to the soundness of the design of the project or institute, the probability of obtaining productive outcomes, the adequacy of resources to conduct the proposed project or institute, and the relationship of the project or institute to other projects and institutes already completed or in progress. The contents of these projects and institutes must be designed based on standards adopted by professional organizations for gifted and talented children.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-55

    (105 ILCS 5/14A-55)
    Sec. 14A-55. Rulemaking. The State Board of Education shall have the authority to adopt all rules necessary to implement and regulate the provisions of this Article.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05; 95-331, eff. 8-21-07.)

105 ILCS 5/Art. 14B

 
    (105 ILCS 5/Art. 14B heading)
ARTICLE 14B. EDUCATIONALLY DISADVANTAGED CHILDREN
(Repealed)
(Source: Repealed by P.A. 96-734, eff. 8-25-09.)

105 ILCS 5/Art. 14C

 
    (105 ILCS 5/Art. 14C heading)
ARTICLE 14C. TRANSITIONAL BILINGUAL EDUCATION

105 ILCS 5/14C-1

    (105 ILCS 5/14C-1) (from Ch. 122, par. 14C-1)
    Sec. 14C-1. The General Assembly finds that there are large numbers of children in this State who come from environments where the primary language is other than English. Experience has shown that public school classes in which instruction is given only in English are often inadequate for the education of children whose native tongue is another language. The General Assembly believes that a program of transitional bilingual education can meet the needs of these children and facilitate their integration into the regular public school curriculum. Therefore, pursuant to the policy of this State to ensure equal educational opportunity to every child, and in recognition of the educational needs of English learners, it is the purpose of this Act to provide for the establishment of transitional bilingual education programs in the public schools, to provide supplemental financial assistance to help local school districts meet the extra costs of such programs, and to allow this State to directly or indirectly provide technical assistance and professional development to support transitional bilingual education programs statewide.
(Source: P.A. 99-30, eff. 7-10-15.)

105 ILCS 5/14C-2

    (105 ILCS 5/14C-2) (from Ch. 122, par. 14C-2)
    Sec. 14C-2. Definitions. Unless the context indicates otherwise, the terms used in this Article have the following meanings:
    (a) "State Board" means the State Board of Education.
    (b) "Certification Board" means the State Teacher Certification Board.
    (c) "School District" means any school district established under this Code.
    (d) "English learners" means (1) all children in grades pre-K through 12 who were not born in the United States, whose native tongue is a language other than English, and who are incapable of performing ordinary classwork in English; and (2) all children in grades pre-K through 12 who were born in the United States of parents possessing no or limited English-speaking ability and who are incapable of performing ordinary classwork in English.
    (e) "Teacher of transitional bilingual education" means a teacher with a speaking and reading ability in a language other than English in which transitional bilingual education is offered and with communicative skills in English.
    (f) "Program in transitional bilingual education" means a full-time program of instruction (1) in all those courses or subjects which a child is required by law to receive and which are required by the child's school district, which shall be given in the native language of English learners who are enrolled in the program and also in English, (2) in the reading and writing of the native language of English learners who are enrolled in the program and in the oral language (listening and speaking), reading, and writing of English, and (3) in the history and culture of the country, territory, or geographic area which is the native land of the parents of English learners who are enrolled in the program and in the history and culture of the United States; or a part-time program of instruction based on the educational needs of those English learners who do not need a full-time program of instruction.
(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15.)

105 ILCS 5/14C-2.1

    (105 ILCS 5/14C-2.1)
    Sec. 14C-2.1. (Repealed).
(Source: P.A. 78-727. Repealed by P.A. 94-1105, eff. 6-1-07.)

105 ILCS 5/14C-3

    (105 ILCS 5/14C-3) (from Ch. 122, par. 14C-3)
    Sec. 14C-3. Language classification of children; establishment of program; period of participation; examination. Each school district shall ascertain, not later than the first day of March, under regulations prescribed by the State Board, the number of English learners within the school district, and shall classify them according to the language of which they possess a primary speaking ability, and their grade level, age or achievement level.
    When, at the beginning of any school year, there is within an attendance center of a school district, not including children who are enrolled in existing private school systems, 20 or more English learners in any such language classification, the school district shall establish, for each classification, a program in transitional bilingual education for the children therein. A school district may establish a program in transitional bilingual education with respect to any classification with less than 20 children therein, but should a school district decide not to establish such a program, the school district shall provide a locally determined transitional program of instruction which, based upon an individual student language assessment, provides content area instruction in a language other than English to the extent necessary to ensure that each student can benefit from educational instruction and achieve an early and effective transition into the regular school curriculum.
    Every school-age English learner not enrolled in existing private school systems shall be enrolled and participate in the program in transitional bilingual education established for the classification to which he belongs by the school district in which he resides for a period of 3 years or until such time as he achieves a level of English language skills which will enable him to perform successfully in classes in which instruction is given only in English, whichever shall first occur.
    An English learner enrolled in a program in transitional bilingual education may, in the discretion of the school district and subject to the approval of the child's parent or legal guardian, continue in that program for a period longer than 3 years.
    An examination in the oral language (listening and speaking), reading, and writing of English, as prescribed by the State Board, shall be administered annually to all English learners enrolled and participating in a program in transitional bilingual education. No school district shall transfer an English learner out of a program in transitional bilingual education prior to his third year of enrollment therein unless the parents of the child approve the transfer in writing, and unless the child has received a score on said examination which, in the determination of the State Board, reflects a level of English language skills appropriate to his or her grade level.
    If later evidence suggests that a child so transferred is still disabled by an inadequate command of English, he may be re-enrolled in the program for a length of time equal to that which remained at the time he was transferred.
(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15.)

105 ILCS 5/14C-4

    (105 ILCS 5/14C-4) (from Ch. 122, par. 14C-4)
    Sec. 14C-4. Notice of enrollment; content; rights of parents.
    No later than 30 days after the beginning of the school year or 14 days after the enrollment of any child in a program in transitional bilingual education during the middle of a school year, the school district in which the child resides shall notify by mail the parents or legal guardian of the child of the fact that their child has been enrolled in a program in transitional bilingual education. The notice shall contain all of the following information in simple, nontechnical language:
        (1) The reasons why the child has been placed in and
    
needs the services of the program.
        (2) The child's level of English proficiency, how
    
this level was assessed, and the child's current level of academic achievement.
        (3) The method of instruction used in the program and
    
in other available offerings of the district, including how the program differs from those other offerings in content, instructional goals, and the use of English and native language instruction.
        (4) How the program will meet the educational
    
strengths and needs of the child.
        (5) How the program will specifically help the child
    
to learn English and to meet academic achievement standards for grade promotion and graduation.
        (6) The specific exit requirements for the program,
    
the expected rate of transition from the program into the regular curriculum, and the expected graduation rate for children in the program if the program is offered at the secondary level.
        (7) How the program meets the objectives of the
    
child's individual educational program (IEP), if applicable.
        (8) The right of the parents to decline to enroll the
    
child in the program or to choose another program or method of instruction, if available.
        (9) The right of the parents to have the child
    
immediately removed from the program upon request.
        (10) The right of the parents to visit transitional
    
bilingual education classes in which their child is enrolled and to come to the school for a conference to explain the nature of transitional bilingual education.
    The notice shall be in writing in English and in the language of which the child of the parents so notified possesses a primary speaking ability.
    Any parent whose child has been enrolled in a program in transitional bilingual education shall have the absolute right to immediately withdraw his child from said program by providing written notice of such desire to the school authorities of the school in which his child is enrolled or to the school district in which his child resides.
(Source: P.A. 92-604, eff. 7-1-02.)

105 ILCS 5/14C-5

    (105 ILCS 5/14C-5) (from Ch. 122, par. 14C-5)
    Sec. 14C-5. Nonresident children; enrollment and tuition; joint programs. A school district may allow a nonresident English learner to enroll in or attend its program in transitional bilingual education, and the tuition for such a child shall be paid by the district in which he resides.
    Any school district may join with any other school district or districts to provide the programs in transitional bilingual education required or permitted by this Article.
(Source: P.A. 99-30, eff. 7-10-15.)