Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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SCHOOLS105 ILCS 5/23-8
(105 ILCS 5/) School Code.
(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.
School boards shall require of new employees evidence of physical
fitness to perform duties assigned and freedom from communicable disease,
including tuberculosis. Such evidence shall consist of a physical
examination and a tuberculin skin test and, if appropriate, an x-ray, made
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 cost of such examination shall rest with the
employee. 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
funds. School boards may require teachers in their employ to furnish from
time to time evidence of continued professional growth.
(Source: P.A. 94-350, eff. 7-28-05.)
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.)