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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SCHOOLS105 ILCS 5/22-40
(105 ILCS 5/) School Code.
(105 ILCS 5/22-40)
Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
105 ILCS 5/22-45
(105 ILCS 5/22-45)
Illinois P-20 Council.
(a) The General Assembly finds that preparing Illinoisans for success in school and the workplace requires a continuum of quality education from preschool through graduate school. This State needs a framework to guide education policy and integrate education at every level. A statewide coordinating council to study and make recommendations concerning education at all levels can avoid fragmentation of policies, promote improved teaching and learning, and continue to cultivate and demonstrate strong accountability and efficiency. Establishing an Illinois P-20 Council will develop a statewide agenda that will move the State towards the common goals of improving academic achievement, increasing college access and success, improving use of existing data and measurements, developing improved accountability, fostering innovative approaches to education, promoting lifelong learning, easing the transition to college, and reducing remediation. A pre-kindergarten through grade 20 agenda will strengthen this State's economic competitiveness by producing a highly-skilled workforce. In addition, lifelong learning plans will enhance this State's ability to leverage funding.
(b) There is created the Illinois P-20 Council. The Illinois P-20 Council shall include all of the following members:
(1) The Governor or his or her designee, to serve as
(2) Four members of the General Assembly, one
appointed by the Speaker of the House of Representatives, one appointed by the Minority Leader of the House of Representatives, one appointed by the President of the Senate, and one appointed by the Minority Leader of the Senate.
(3) Six at-large members appointed by the Governor as
follows, with 2 members being from the City of Chicago, 2 members being from Lake County, McHenry County, Kane County, DuPage County, Will County, or that part of Cook County outside of the City of Chicago, and 2 members being from the remainder of the State:
(A) one representative of civic leaders;
(B) one representative of local government;
(C) one representative of trade unions;
(D) one representative of nonprofit organizations
(E) one representative of parents' organizations;
(F) one education research expert.
(4) Five members appointed by statewide business
organizations and business trade associations.
(5) Six members appointed by statewide professional
organizations and associations representing pre-kindergarten through grade 20 teachers, community college faculty, and public university faculty.
(6) Two members appointed by associations
representing local school administrators and school board members. One of these members must be a special education administrator.
(7) One member representing community colleges,
appointed by the Illinois Council of Community College Presidents.
(8) One member representing 4-year independent
colleges and universities, appointed by a statewide organization representing private institutions of higher learning.
(9) One member representing public 4-year
universities, appointed jointly by the university presidents and chancellors.
(10) Ex-officio members as follows:
(A) The State Superintendent of Education or his
(B) The Executive Director of the Board of Higher
Education or his or her designee.
(C) The Executive Director of the Illinois
Community College Board or his or her designee.
(D) The Executive Director of the Illinois
Student Assistance Commission or his or her designee.
(E) The Co-chairpersons of the Illinois
Workforce Investment Board or their designee.
(F) The Director of Commerce and Economic
Opportunity or his or her designee.
(G) The Chairperson of the Illinois Early
Learning Council or his or her designee.
(H) The President of the Illinois Mathematics and
Science Academy or his or her designee.
(I) The president of an association representing
educators of adult learners or his or her designee.
Ex-officio members shall have no vote on the Illinois P-20 Council.
Appointed members shall serve for staggered terms expiring on July 1 of the first, second, or third calendar year following their appointments or until their successors are appointed and have qualified. Staggered terms shall be determined by lot at the organizing meeting of the Illinois P-20 Council.
Vacancies shall be filled in the same manner as original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred.
(c) The Illinois P-20 Council shall be funded through State appropriations to support staff activities, research, data-collection, and dissemination. The Illinois P-20 Council shall be staffed by the Office of the Governor, in coordination with relevant State agencies, boards, and commissions. The Illinois Education Research Council shall provide research and coordinate research collection activities for the Illinois P-20 Council.
(d) The Illinois P-20 Council shall have all of the following duties:
(1) To make recommendations to do all of the
(A) Coordinate pre-kindergarten through grade 20
(graduate school) education in this State through working at the intersections of educational systems to promote collaborative infrastructure.
(B) Coordinate and leverage strategies, actions,
legislation, policies, and resources of all stakeholders to support fundamental and lasting improvement in this State's public schools, community colleges, and universities.
(C) Better align the high school curriculum with
(D) Better align assessments across all levels of
(E) Reduce the need for students entering
institutions of higher education to take remedial courses.
(F) Smooth the transition from high school to
(G) Improve high school and college graduation
(H) Improve the rigor and relevance of academic
standards for college and workforce readiness.
(I) Better align college and university teaching
programs with the needs of Illinois schools.
(2) To advise the Governor, the General Assembly,
the State's education and higher education agencies, and the State's workforce and economic development boards and agencies on policies related to lifelong learning for Illinois students and families.
(3) To articulate a framework for systemic
educational improvement and innovation that will enable every student to meet or exceed Illinois learning standards and be well-prepared to succeed in the workforce and community.
(4) To provide an estimated fiscal impact for
implementation of all Council recommendations.
(e) The chairperson of the Illinois P-20 Council may authorize the creation of working groups focusing on areas of interest to Illinois educational and workforce development, including without limitation the following areas:
(1) Preparation, recruitment, and certification of
highly qualified teachers.
(2) Mentoring and induction of highly qualified
(3) The diversity of highly qualified teachers.
(4) Funding for highly qualified teachers, including
developing a strategic and collaborative plan to seek federal and private grants to support initiatives targeting teacher preparation and its impact on student achievement.
(5) Highly effective administrators.
(6) Illinois birth through age 3 education,
pre-kindergarten, and early childhood education.
(7) The assessment, alignment, outreach, and network
of college and workforce readiness efforts.
(8) Alternative routes to college access.
(9) Research data and accountability.
(10) Community schools, community participation, and
other innovative approaches to education that foster community partnerships.
The chairperson of the Illinois P-20 Council may designate Council members to serve as working group chairpersons. Working groups may invite organizations and individuals representing pre-kindergarten through grade 20 interests to participate in discussions, data collection, and dissemination.
(Source: P.A. 98-463, eff. 8-16-13; 98-719, eff. 1-1-15
105 ILCS 5/22-50
(105 ILCS 5/22-50)
Twice-exceptional children; recommendations.
The State Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children shall research and discuss best practices for addressing the needs of "twice-exceptional" children, those who are gifted and talented and have a disability. The Councils shall then jointly make recommendations to the State Board of Education with respect to the State Board of Education providing guidance and technical assistance to school districts in furthering improved educational outcomes for gifted and twice-exceptional children. Recommendations shall include strategies to
(i) educate teachers and other providers about the unique needs of this population, (ii) train teachers in target, research-based, identification and pedagogical methods, and (iii) establish guidelines for unique programming for twice-exceptional students.
(Source: P.A. 96-382, eff. 8-13-09; 96-1000, eff. 7-2-10.)
105 ILCS 5/22-55
(105 ILCS 5/22-55)
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-355, eff. 1-1-12.)
105 ILCS 5/22-60
(105 ILCS 5/22-60)
Unfunded mandates prohibited.
(a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required:
(1) Any mandate in this Code enacted after the
effective date of this amendatory Act of the 96th General Assembly.
(2) Any regulatory mandate promulgated by the State
Board of Education and adopted by rule after the effective date of this amendatory Act of the 96th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 96th General Assembly.
(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.
Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive.
The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results.
If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.
If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request.
(c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education or (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application.
(d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 96-1441, eff. 8-20-10.)
105 ILCS 5/22-65
(105 ILCS 5/22-65)
The Task Force on the Prevention of Sexual Abuse of Children.
The Task Force on the Prevention of Sexual Abuse of Children is created within the Department of Children and Family Services. The Task Force shall consist of all of the following members:
(1) One member of the General Assembly and one
member of the public, appointed by the President of the Senate.
(2) One member of the General Assembly and one
member of the public, appointed by the Minority Leader of the Senate.
(3) One member of the General Assembly and one member
of the public, appointed by the Speaker of the House of Representatives.
(4) One member of the General Assembly and one
member of the public, appointed by the Minority Leader of the House of Representatives.
(5) The Director of Children and Family Services or
(6) The State Superintendent of Education or his or
(7) The Director of Public Health or his or her
(8) The Executive Director of the Illinois Violence
Prevention Authority or his or her designee.
(9) A representative of an agency that leads the
collaboration of the investigation, prosecution, and treatment of child sexual and physical abuse cases, appointed by the Director of Children and Family Services.
(10) A representative of an organization
representing law enforcement, appointed by the Director of State Police.
(11) A representative of a statewide professional
teachers' organization, appointed by the head of that organization.
(12) A representative of a different statewide
professional teachers' organization, appointed by the head of that organization.
(13) A representative of an organization involved in
the prevention of child abuse in this State, appointed by the Director of Children and Family Services.
(14) A representative of an organization
representing school management in this State, appointed by the State Superintendent of Education.
(15) Erin Merryn, for whom Section 10-23.13 of this
Members of the Task Force must be individuals who are actively involved in the fields of the prevention of child abuse and neglect and child welfare. The appointment of members must reflect the geographic diversity of the State.
The Task Force shall elect a presiding officer by a majority vote of the membership of the Task Force. The Task Force shall meet at the call of the presiding officer.
The Task Force shall make recommendations for reducing child sexual abuse in Illinois. In making those recommendations, the Task Force shall:
(1) gather information concerning child sexual abuse
(2) receive reports and testimony from individuals,
State and local agencies, community-based organizations, and other public and private organizations;
(3) create goals for State policy that would prevent
(4) submit a final report with its recommendations
to the Office of the Governor and the General Assembly by January 1, 2012.
The recommendations may include proposals for specific statutory changes and methods to foster cooperation among State agencies and between the State and local government.
The Task Force shall consult with employees of the Department of Children and Family Services, the Criminal Justice Information Agency, the Department of State Police, the Illinois State Board of Education, and any other State agency or department as necessary to accomplish the Task Force's responsibilities under this Section.
The members of the Task Force shall serve without compensation and shall not be reimbursed for their expenses.
The Task Force shall be abolished upon submission of the final report to the Office of the Governor and the General Assembly.
(Source: P.A. 96-1524, eff. 2-14-11; 97-813, eff. 7-13-12.)
105 ILCS 5/22-70
(105 ILCS 5/22-70)
Enrollment information; children of military personnel.
At the time of annual enrollment or at any time during the school year, a school district or a recognized non-public school, except for sectarian non-public schools, serving any of grades kindergarten through 12 shall provide, either on its standard enrollment form or on a separate form, the opportunity for the individual enrolling the student to voluntarily state whether the student has a parent or guardian who is a member of a branch of the armed forces of the United States and who is either deployed to active duty or expects to be deployed to active duty during the school year. Each school district and recognized non-public school shall report this enrollment information as aggregate data to the State Board of Education.
(Source: P.A. 97-505, eff. 8-23-11; 97-813, eff. 7-13-12.)
105 ILCS 5/22-75
(105 ILCS 5/22-75)
The Eradicate Domestic Violence Task Force.
(a) There is hereby created the Eradicate Domestic Violence Task Force. The Eradicate Domestic Violence Task Force shall develop a statewide effective and feasible prevention course for high school students designed to prevent interpersonal, adolescent violence based on the Step Back Program for boys and girls. The Clerk of the Circuit Court in the First Judicial District shall provide administrative staff and support to the task force.
(b) The Eradicate Domestic Violence Task Force shall do the following:
(1) Conduct meetings to evaluate the effectiveness
and feasibility of statewide implementation of the curricula of the Step Back Program at Oak Park and River Forest High School, located in Cook County, Illinois, for the prevention of domestic violence.
(2) Invite the testimony of and confer with experts
on relevant topics as needed.
(3) Propose content for integration into school
curricula aimed at preventing domestic violence.
(4) Propose a method of training facilitators on the
school curricula aimed at preventing domestic violence.
(5) Propose partnerships with anti-violence agencies
to assist with the facilitator roles and the nature of the partnerships.
(6) Evaluate the approximate cost per school or
school district to implement and maintain school curricula aimed at preventing domestic violence.
(7) Propose a funding source or sources to support
school curricula aimed at preventing domestic violence and agencies that provide training to the facilitators, such as a fee to be charged in domestic violence, sexual assault, and related cases to be collected by the clerk of the court for deposit into a special fund in the State treasury and to be used to fund a proposed eradicate domestic violence program in the schools of this State.
(8) Propose an evaluation structure to ensure that
the school curricula aimed at preventing domestic violence is effectively taught by trained facilitators.
(9) Propose a method of evaluation for the purpose of
modifying the content of the curriculum over time, including whether studies of the program should be conducted by the University of Illinois' Interpersonal Violence Prevention Information Center.
(10) Recommend legislation developed by the task
force, such as amending Sections 27-5 through 27-13.3 and 27-23.4 of this Code, and legislation to create a fee to be charged in domestic violence, sexual assault, and related cases to be collected by the clerk of court for deposit into a special fund in the State treasury and to be used to fund a proposed eradicate domestic violence program in the schools of this State.
(11) Produce a report of the task force's findings on
best practices and policies, which shall include a plan with a phased and prioritized implementation timetable for implementation of school curricula aimed at preventing domestic violence in schools. The task force shall submit a report to the General Assembly on or before April 1, 2014 on its findings, recommendations, and implementation plan. Any task force reports must be published on the State Board of Education's Internet website on the date the report is delivered to the General Assembly.
(c) The President of the Senate and the Speaker of the House of Representatives shall each appoint one co-chairperson of the Eradicate Domestic Violence Task Force. The Minority Leader of the Senate and the Minority Leader of the House of Representatives shall each appoint one member to the task force. In addition, the task force shall be comprised of the following members appointed by the State Board of Education and shall be representative of the geographic, racial, and ethnic diversity of this State:
(1) Four representatives involved with a program for
high school students at a high school that is located in a municipality with a population of 2,000,000 or more and the program is a daily, 6-week to 9-week, 45-session, gender-specific, primary prevention course designed to raise awareness of topics such as dating and domestic violence, any systematic conduct that causes measurable physical harm or emotional distress, sexual assault, digital abuse, self-defense, and suicide.
(2) A representative of an interpersonal violence
prevention program within a State university.
(3) A representative of a statewide nonprofit,
nongovernmental, domestic violence organization.
(4) A representative of a different nonprofit,
nongovernmental domestic violence organization that is located in a municipality with a population of 2,000,000 or more.
(5) A representative of a statewide nonprofit,
nongovernmental, sexual assault organization.
(6) A representative of a different nonprofit,
nongovernmental, sexual assault organization based in a county with a population of 3,000,000 or more.
(7) The State Superintendent of Education or his or
(8) The Chief Executive Officer of City of Chicago
School District 299 or his or her designee or the President of the Chicago Board of Education or his or her designee.
(9) A representative of the Department of Human
(10) A representative of a statewide, nonprofit
professional organization representing law enforcement executives.
(11) A representative of the Chicago Police
Department, Youth Services Division.
(12) The Clerk of the Circuit Court in the First
Judicial District or his or her designee.
(13) A representative of a statewide professional
(14) A representative of a different statewide
professional teachers organization.
(15) A representative of a professional teachers
organization in a city having a population exceeding 500,000.
(16) A representative of an organization
(17) A representative of an organization
representing school administrators.
(18) A representative of an organization
representing school boards.
(19) A representative of an organization
representing school business officials.
(20) A representative of an organization
representing large unit school districts.
(d) The following underlying purposes should be liberally construed by the task force convened under this Section:
(1) Recognize that, according to the Centers for
Disease Control and Prevention, National Intimate Partner and Sexual Violence Survey, December 2010 Summary Report, on average 24 people per minute are victims of rape, physical violence, or stalking by an intimate partner in the United States, equaling more than 12 million women and men.
(2) Recognize that abused children and children
exposed to domestic violence in their homes may have short and long-term physical, emotional, and learning problems, including increased aggression, decreased responsiveness to adults, failure to thrive, posttraumatic stress disorder, depression, anxiety, hypervigilance and hyperactivity, eating and sleeping problems, and developmental delays, according to the Journal of Interpersonal Violence and the Futures Without Violence organization.
(3) Recognize that the Illinois Violence Prevention
Authority has found that children exposed to violence in the media may become numb to the horror of violence, may gradually accept violence as a way to solve problems, may imitate the violence they see, and may identify with certain characters, victims, or victimizers.
(4) Recognize that crimes and the incarceration of
youth are often associated with a history of child abuse and exposure to domestic violence, according to Futures Without Violence.
(5) Recognize that the cost of prosecuting crime in
this State is unnecessarily high due to a lack of prevention programs designed to eradicate domestic violence.
(6) Recognize that sexual violence, stalking, and
intimate partner violence are serious and widespread public health problems for children and adults in this State.
(7) Recognize that intervention programs aimed at
preventing domestic violence may yield better results than programs aimed at treating the victims of domestic violence, because treatment programs may reduce the likelihood that a particular woman will be re-victimized, but might not otherwise reduce the overall amount of domestic violence.
(8) Recognize that uniform, effective, feasible, and
widespread prevention of sexual violence and intimate partner violence is a high priority in this State.
(9) Recognize that the Step Back Program at Oak Park
and River Forest High School in Cook County, Illinois, is a daily, 6 to 9 week, 45-session, gender-specific, primary prevention course for high school students designed to raise awareness of topics, including dating and domestic violence, bullying and harassment, sexual assault, digital abuse, self-defense, and suicide. The Step Back Program is co-facilitated by the high school and a nonprofit, nongovernmental domestic violence prevention specialist and service provider.
(10) Develop a statewide effective prevention course
for high school students based on the Step Back Program for boys and girls designed to prevent interpersonal, adolescent violence.
(e) Members of the Eradicate Domestic Violence Task Force shall receive no compensation for their participation, but may be reimbursed by the State Board of Education for expenses in connection with their participation, including travel, if funds are available.
(f) Nothing in this Section or in the prevention course is intended to infringe upon any right to exercise free expression or the free exercise of religion or religiously based views protected under the First Amendment to the United States Constitution or under Section 3 or 4 of Article 1 of the Illinois Constitution.
(Source: P.A. 97-1037, eff. 8-20-12; 98-188, eff. 8-6-13; 98-463, eff. 8-16-13.)
105 ILCS 5/22-76
(105 ILCS 5/22-76)
(Source: P.A. 98-463, eff. 8-16-13. Repealed internally, eff. 9-1-2013.)
105 ILCS 5/22-77
(105 ILCS 5/22-77)
(Source: P.A. 98-861, eff. 8-5-14. Repealed internally, eff. 7-1-14.)
105 ILCS 5/Art. 23
(105 ILCS 5/Art. 23 heading)
SCHOOL BOARD ASSOCIATIONS
105 ILCS 5/23-1
(105 ILCS 5/23-1)
(from Ch. 122, par. 23-1)
Purpose of article.
This Article has for its purpose the education of school board members
as to their duties and responsibilities so as to improve the management of
the public schools, through associations of school boards. The activities
of any association which complies with this Article are hereby declared to
constitute a public purpose.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-2
(105 ILCS 5/23-2)
(from Ch. 122, par. 23-2)
may form or join associations.
School boards are authorized to form, join and provide for the expenses
of associations of Illinois school boards formed for the purpose of
conducting county or regional school board institutes and otherwise
disseminating and interchanging information regarding school board
problems, duties and responsibilities, provided such associations comply
with the requirements of this Article.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-3
(105 ILCS 5/23-3)
(from Ch. 122, par. 23-3)
copy of constitution, by-laws and amendments.
Within 30 days after the adoption by any such association of its
constitution or by-laws or any amendment thereto, it shall file a copy
thereof, certified by its president and executive director, with the
Governor, the Superintendent of Public Instruction and the county
superintendent of schools of each county in which it has any membership.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-4
(105 ILCS 5/23-4)
(from Ch. 122, par. 23-4)
Election of officers and governing body.
The constitution or by-laws of any such association shall provide for
the election of its officers and governing body at an annual meeting of the
association, or in some other manner which will insure that all member
boards have an equal opportunity to participate in the election.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-5
(105 ILCS 5/23-5)
(from Ch. 122, par. 23-5)
Any such association shall admit to its membership any school board
whose district lies wholly or in part within the area covered by the
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-6
(105 ILCS 5/23-6)
(from Ch. 122, par. 23-6)
Each association shall make an annual report within 60 days after the
close of its fiscal year to the Governor, the State Board of Education
and the regional
superintendent of schools of each region in
which it has members, setting forth the activities of the association
for the preceding fiscal year, the institutes held, the subjects
discussed, and the attendance, and shall furnish the Governor, the
State Board of Education and
such regional superintendents
with copies of all publications sent to its members.
(Source: P.A. 81-1508.)
105 ILCS 5/23-7
(105 ILCS 5/23-7)
(from Ch. 122, par. 23-7)
Compensation and expenses.
No school board member shall receive any compensation for service
rendered to any such association, whether as an officer or otherwise, but
shall be entitled to reimbursement for expenses actually incurred in the
work of such association.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-8
(105 ILCS 5/23-8)
(from Ch. 122, par. 23-8)
Each association shall perform such duties and exercise such powers as
if it were a state institution for the purposes of Article 16 of the
"Illinois Pension Code", approved March 18, 1963, as amended.
(Source: Laws 1965, p. 3746.)
105 ILCS 5/Art. 24
(105 ILCS 5/Art. 24 heading)
EMPLOYMENT OF TEACHERS--TENURE--DUTIES OF TEACHERS
105 ILCS 5/24-1
(105 ILCS 5/24-1)
(from Ch. 122, par. 24-1)
Appointment-Salaries-Payment-School month-School term.)
School boards shall appoint all teachers, determine qualifications of
and fix the amount of their
salaries subject to limitation set forth in this Act. They shall pay
the wages of teachers monthly, subject, however, to the provisions of
Section 24-21. The school month shall be the same as the calendar month
but by resolution the school board may adopt for its use a month of 20
days, including holidays. The school term shall consist of at least the
minimum number of pupil attendance days required by Section 10-19, any
additional legal school holidays, days of teachers' institutes, or
equivalent professional educational experiences, and one or two days at
the beginning of the school term when used as a teachers' workshop.
(Source: P.A. 80-249.)
105 ILCS 5/24-1.1
(105 ILCS 5/24-1.1)
(from Ch. 122, par. 24-1.1)
Employment of public school employees by nonpublic schools.
Employees of public schools may be employed on a part-time or temporary
basis by private or parochial schools, providing that such employment is
in no way connected with or subsidized by their public school employment,
and provided further that such private or parochial employment does not
conflict or interfere with an employee's public school duties.
(Source: P.A. 80-287.)
105 ILCS 5/24-1.5
(105 ILCS 5/24-1.5)
New or vacant teaching positions.
A school district's selection of a candidate for a new or vacant teaching position not otherwise required to be filled pursuant to Section 24-12 of this Code must be based upon the consideration of factors that include without limitation certifications, qualifications, merit and ability (including performance evaluations, if available), and relevant experience, provided that the length of continuing service with the school district must not be considered as a factor, unless all other factors are determined by the school district to be equal. A school district's decision to select a particular candidate to fill a new or vacant position is not subject to review under grievance resolution procedures adopted pursuant to subsection (c) of Section 10 of the Illinois Educational Labor Relations Act, provided that, in making such a decision, the district does not fail to adhere to procedural requirements in a collective bargaining agreement relating to the filling of new or vacant teaching positions. Provisions regarding the filling of new and vacant positions in a collective bargaining agreement between a school district and the exclusive bargaining representative of its teachers in existence on the effective date of this amendatory Act of the 97th General Assembly shall remain in full force and effect for the term of the agreement, unless terminated by mutual agreement.
Nothing in this amendatory Act of the 97th General Assembly (i) limits or otherwise impacts school districts' management right to hire new employees, (ii) affects what currently is or may be a mandatory subject of bargaining under the Illinois Educational Labor Relations Act, or (iii) creates a statutory cause of action for a candidate or a candidate's representative to challenge a school district's selection decision based on the school district's failure to adhere to the requirements of this Section.
(Source: P.A. 97-8, eff. 6-13-11.)
105 ILCS 5/24-2
(105 ILCS 5/24-2)
(from Ch. 122, par. 24-2)
(a) Teachers shall not be required
to teach on Saturdays, nor, except as provided in subsection (b) of this Section, shall teachers or other school
employees, other than noncertificated school employees whose presence is
necessary because of an emergency or for the continued operation and
maintenance of school facilities or property, be
required to work on legal school
holidays, which are January 1, New Year's Day; the third Monday in
January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the
first Monday in March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law; July 4,
Independence Day; the first Monday in September, Labor Day; the second Monday
in October, Columbus Day; November 11, Veterans' Day; the Thursday in
November commonly called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their judgment such
action is advisable. No deduction shall
be made from the time or
compensation of a school employee on account of any legal
or special holiday.
(b) A school board or other entity eligible to apply for waivers and modifications under Section 2-3.25g of this Code is authorized to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on the third Monday in January (the Birthday of Dr. Martin Luther King, Jr.); February 12 (the Birthday of President Abraham Lincoln); the first Monday in March (known as Casimir Pulaski's birthday); the second Monday in October (Columbus Day); and November 11 (Veterans' Day), provided that:
(1) the person or persons honored by the holiday are
recognized through instructional activities conducted on that day or, if the day is not used for student attendance, on the first school day preceding or following that day; and
(2) the entity that chooses to exercise this
authority first holds a public hearing about the proposal. The entity shall provide notice preceding the public hearing to both educators and parents. The notice shall set forth the time, date, and place of the hearing, describe the proposal, and indicate that the entity will take testimony from educators and parents about the proposal.
(c) Commemorative holidays, which recognize specified patriotic, civic,
cultural or historical persons, activities, or events, are regular school
holidays are: January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), the school day
immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and Afghanistan Veterans Remembrance Day), December 7 (Pearl Harbor Veterans' Day), and
any day so appointed by the President or
Governor. School boards may establish commemorative holidays whenever in
their judgment such action is advisable.
School boards shall include instruction relative to commemorated persons,
events on the commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction may be deemed
appropriate. The State Board of Education shall prepare and make available
to school boards instructional materials relative to commemorated persons,
or events which may be used by school boards in conjunction with any
instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe March 4 of each year as
a commemorative holiday. This holiday shall be known as Mayors' Day which
shall be a day to commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late Mayor Richard
J. Daley and the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the following Monday.
(Source: P.A. 98-156, eff. 8-2-13.)
105 ILCS 5/24-3
(105 ILCS 5/24-3)
(from Ch. 122, par. 24-3)
Attendance at teachers' institute.
The days in any school year spent by a teacher or educational support personnel during the term time
spent in attendance upon a teachers' institute or equivalent professional
educational experiences held under the direction of the county
superintendent of schools shall be considered time expended in the service
of the district and no deduction of wages shall be made for such
attendance. The board may make a pro-rata deduction from the salary of
any teacher or educational support personnel who fail or refuse to attend such institute, unless, in the case of educational support personnel, they are exempt from attending.
The boards shall close the schools for county institute.
(Source: P.A. 97-525, eff. 1-1-12.)
105 ILCS 5/24-4
(105 ILCS 5/24-4)
(from Ch. 122, par. 24-4)
The color, race, sex, nationality, religion or religious affiliation
of any applicant seeking employment either as a superintendent, principal,
teacher or otherwise in the public elementary or high schools, shall not
be considered either a qualification or disqualification for any such employment.
Nor shall color, race, sex, nationality, religion or religious affiliation
be considered in assigning any person to an office or position or to any
school in the school system. If any member of a school board, superintendent,
principal or other school officer violates the foregoing provision or directly
or indirectly requires, asks or seeks information concerning the color,
race, sex, nationality, religion or religious affiliation of any person
in connection with his employment or assignment, or if any person, agency,
bureau, corporation or association employed or maintained to obtain or aid
in obtaining employment of the kind described, directly or indirectly requires,
asks, seeks, indicates or transmits orally or in writing information concerning
the color, race, sex, nationality, religion or religious affiliation of
an applicant for such employment, with the intent to influence such appointment,
he shall be liable to a penalty of not less than $100 nor more than $500,
to be recovered by the person aggrieved thereby in any court of competent
jurisdiction, and he shall be guilty of a Class B misdemeanor.
(Source: P.A. 81-1509.)
105 ILCS 5/24-4.1
(105 ILCS 5/24-4.1)
(from Ch. 122, par. 24-4.1)
Residence requirements.) Residency within any school district
shall not be considered in determining the employment or the compensation
of a teacher or whether to retain, promote, assign or transfer that teacher.
(Source: P.A. 82-381.)
105 ILCS 5/24-5
(105 ILCS 5/24-5)
(from Ch. 122, par. 24-5)
Physical fitness and professional growth.
(a) In this Section, "employee" means any employee of a school district, a student teacher, an employee of a contractor that provides services to students or in schools, or any other individual subject to the requirements of Section 10-21.9 or 34-18.5 of this Code.
(b) School boards shall require of new employees evidence of physical
fitness to perform duties assigned and freedom from communicable disease. Such evidence shall consist of a physical
by a physician licensed in Illinois or any other state to practice medicine
and surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority to perform health examinations by his or her supervising physician not more than 90 days preceding time of
presentation to the board, and the cost of such examination shall rest with the
employee. A new or existing employee may be subject to additional health examinations, including screening for tuberculosis, as required by rules adopted by the Department of Public Health or by order of a local public health official. The board may from time to time require an examination of any
employee by a physician licensed in Illinois to practice medicine and
surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority to perform health examinations by his or her supervising physician and shall pay the expenses thereof from school
(c) School boards may require teachers in their employ to furnish from
time to time evidence of continued professional growth.
(Source: P.A. 98-716, eff. 7-16-14.)
105 ILCS 5/24-6
(105 ILCS 5/24-6)
The school boards of all school districts, including special charter
districts, but not including school districts in municipalities of 500,000
or more, shall grant their full-time teachers, and also shall grant
such of their other employees as are eligible to participate in the
Illinois Municipal Retirement Fund under the "600-Hour Standard"
established, or under such other eligibility participation standard as may
from time to time be established, by rules and regulations now or hereafter
promulgated by the Board of that Fund under Section 7-198 of the Illinois
Pension Code, as now or hereafter amended, sick leave
provisions not less in amount than 10 days at full pay in each school year.
If any such teacher or employee does not use the full amount of annual leave
thus allowed, the unused amount shall be allowed to accumulate to a minimum
available leave of 180 days at full pay, including the leave of the current
year. Sick leave shall be interpreted to mean personal illness, quarantine
at home, serious illness or death in the immediate family or household, or
birth, adoption, or placement for adoption.
The school board may require a certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, a chiropractic physician licensed under the Medical Practice Act of 1987, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, a physician assistant who has been delegated the authority to perform health examinations by his or her supervising physician, or, if the treatment
is by prayer or spiritual means, a spiritual adviser or
practitioner of the teacher's or employee's faith as a basis for pay during leave after
an absence of 3 days for personal illness or 30 days for birth or as the school board may deem necessary in
other cases. If the school board does require a
as a basis for pay during leave of
less than 3 days for personal illness, the school board shall pay, from school funds, the
expenses incurred by the teachers or other employees in obtaining the certificate. For paid leave for adoption or placement for adoption, the school board may require that the teacher or other employee provide evidence that the formal adoption process is underway, and such leave is limited to 30 days unless a longer leave has been negotiated with the exclusive bargaining representative.
If, by reason of any change in the boundaries of school districts, or by
reason of the creation of a new school district, the employment of a
teacher is transferred to a new or different board, the accumulated sick
leave of such teacher is not thereby lost, but is transferred to such new
or different district.
For purposes of this Section, "immediate family" shall include parents,
spouse, brothers, sisters, children, grandparents, grandchildren,
parents-in-law, brothers-in-law, sisters-in-law, and legal guardians.
(Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09; 96-367, eff. 8-13-09; 96-1000, eff. 7-2-10.)
105 ILCS 5/24-6.1
(105 ILCS 5/24-6.1)
(from Ch. 122, par. 24-6.1)
Every school board may grant a sabbatical leave of absence to a teacher,
principal or superintendent performing contractual continued service, for a
period of at least 4 school months but not in excess of one school term,
for resident study, research, travel or other purposes designed to improve
the school system. The grant of a sabbatical leave by a school board shall
constitute a finding that the leave is deemed to benefit the school system
by improving the quality and level of experience of the teaching force.
This leave may be granted after completion of at least 6 years of
satisfactory service as a full time teacher, principal or superintendent
and may again be granted after completion of a subsequent period of 6 years
of such service. However, 2 sabbatical leaves, each consisting of at least
4 months but totaling no more than the equivalent of one school year, may
be granted within a 6 year period. A leave granted for a period of one
school year or less
shall bar a further sabbatical leave until completion of 6 years additional
satisfactory service, except that 2 leaves which total no more than the
equivalent of one school year shall bar a further sabbatical leave only
until the completion of 6 years additional satisfactory service following
the completion of the first such leave. The leave shall be conditional
upon a plan for
resident study, research, travel or other activities proposed by the
applicant and deemed by the board to benefit the school system, which plan
shall be approved by the board and not thereafter modified without the
approval of the board.
Before a leave is granted pursuant to this Section, the applicant shall
agree in writing that if at the expiration of such leave he does not return
to and perform contractual continued service in the district for at least
one school year after his return, all sums of money received from the board
during his sabbatical leave will be refunded to the board unless such
return and performance is prevented by illness or incapacity.
During absence pursuant to such leave, such teacher, principal or
superintendent shall receive the same basic salary as if in actual service,
except that there may be deducted therefrom an amount equivalent to the
amount payable for substitute service. However, such salary after deduction
for substitute service shall in no case be less than the minimum provided
by Section 24-8 of this Act or 1/2 of the basic salary, whichever is
greater. The person on leave shall not engage in any activity for which
salary or compensation is paid unless the activity is directly related to
the purpose for which the leave is granted and is approved by the board. A
sabbatical leave may be granted to enable the applicant, if otherwise
eligible, to accept scholarships for study or research. Unless justified by
illness or incapacity, failure of any person granted a leave under this
Section to devote the entire period to the purposes for which the leave was
granted shall constitute a cause for removal from teaching service.
Upon expiration of a leave granted pursuant to this Section, and upon
presentation of evidence satisfactory to the board showing compliance with
the conditions of the leave, the teacher, principal or superintendent shall
be returned to a position equivalent to that formerly occupied. The
contractual continued service status of the person on sabbatical leave
shall not be affected.
Absence during a leave granted pursuant to this Section shall not be
construed as a discontinuance of service for any purpose, including
progression on the salary schedule if one is in effect in the district. The
board shall pay the contribution to the Teachers' Retirement System
required of the person on leave computed on the annual full-time salary
rate under which the member last received earnings immediately prior to the
leave or a proportionate part of such rate for a partial year of sabbatical
This Section in no way limits the power of the board to grant leaves for
(Source: P.A. 83-186
105 ILCS 5/24-6.2
(105 ILCS 5/24-6.2)
(from Ch. 122, par. 24-6.2)
Association president leave.
Each school board shall grant
paid leaves of absence to the local association president of a state teacher
association that is an exclusive bargaining agent in the district, or his
or her teacher designee, for the purpose of attending meetings, workshops
or seminars designated by the State Board of Education, the regional superintendent
of schools, the general superintendent of schools in a school district subject
to the provisions of Article 34, or the superintendent of schools in any
school district having a population of less than 500,000 inhabitants to
deal with issues arising
from the education reform legislation of the 84th General Assembly.
(Source: P.A. 84-1401.)
105 ILCS 5/24-6.3
(105 ILCS 5/24-6.3)
(from Ch. 122, par. 24-6.3)
Retirement trustee leave.
(a) Each school board
employing a teacher who is an elected trustee of the Teachers' Retirement
System of the State of Illinois shall make available to the elected trustee
at least 20 days of paid leave of absence per year for the purpose of
attending meetings of the System's Board of Trustees, committee meetings of
such Board, and seminars regarding issues for which such Board is
responsible. The Teachers' Retirement System of the State of Illinois shall
reimburse affected school districts for the actual cost of hiring a
substitute teacher during such leaves of absence.
(b) Each school board employing an employee who is an elected trustee of the Illinois Municipal Retirement Fund shall make available to the elected trustee at least 20 days of paid leave of absence per year for the purpose of attending meetings of the Fund's Board of Trustees, committee meetings of the Board of Trustees, and seminars regarding issues for which the Board of Trustees is responsible. The Illinois Municipal Retirement Fund may reimburse affected school districts for the actual cost of hiring a substitute employee during such leaves of absence.
(Source: P.A. 96-357, eff. 8-13-09.)
105 ILCS 5/24-7
(105 ILCS 5/24-7)
(from Ch. 122, par. 24-7)
Discrimination on account of sex.
In fixing salaries of certificated employees school boards shall make no
discrimination on account of sex.
(Source: Laws 1961, p. 31.)
105 ILCS 5/24-8
(105 ILCS 5/24-8)
(from Ch. 122, par. 24-8)
In fixing the salaries of teachers, school boards shall pay those who
serve on a full-time basis not less than a rate for the school year that
is based upon training completed in a recognized institution of higher
learning, as follows: for the school year beginning July 1, 1980 and
thereafter, less than a bachelor's degree, $9,000; 120 semester hours or
more and a bachelor's degree, $10,000; 150 semester hours or more and a
master's degree, $11,000.
Based upon previous public school
experience in this State or any other State, territory, dependency or
possession of the United States, or in schools operated by or under the
auspices of the United States, teachers who serve on a full-time basis
shall have their salaries increased to at least the following amounts
above the starting salary for a teacher in such district in the same
classification: with less than a bachelor's degree, $750 after 5 years;
with 120 semester hours or more and a bachelor's degree, $1,000 after 5
years and $1,600 after 8 years; with 150 semester hours or more and a master's
degree, $1,250 after 5 years, $2,000 after 8 years and $2,750 after 13 years.
For the purpose of this Section a teacher's salary shall include any amount
paid by the school district on behalf of the teacher, as teacher contributions,
to the Teachers' Retirement System of the State of Illinois.
If a school board establishes a schedule for teachers' salaries based
on education and experience, not inconsistent with this Section, all certificated
nurses employed by that board shall be paid in accordance with the provisions
of such schedule.
For purposes of this Section, a teacher who submits a certificate of
completion to the school office prior to the first day of the school
term shall be considered to have the degree stated in such certificate.
(Source: P.A. 83-913.)
105 ILCS 5/24-9
(105 ILCS 5/24-9)
(from Ch. 122, par. 24-9)
Teachers duty free lunch period.
Every teacher in any school house where 2 or more teachers are employed
whose duties require attendance at the school for 4 or more clock hours in
any school day shall be entitled to and be allowed a duty free lunch period
equal to the regular local school lunch period but not less than 30 minutes
in each school day.
(Source: Laws 1961, p. 31.)