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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 5/22-50

    (105 ILCS 5/22-50)
    Sec. 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)
    Sec. 22-55. (Repealed).
(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 Repealed by P.A. 97-355, eff. 1-1-12.)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)
    (Text of Section before amendment by P.A. 102-466)
    Sec. 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.)
 
    (Text of Section after amendment by P.A. 102-466)
    Sec. 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, (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, or (iii) any changes made to this Code by this amendatory Act of the 102nd General Assembly.
    (d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 102-466, eff. 7-1-25.)

105 ILCS 5/22-65

    (105 ILCS 5/22-65)
    Sec. 22-65. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-30, eff. 7-10-15.)

105 ILCS 5/22-70

    (105 ILCS 5/22-70)
    Sec. 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)
    Sec. 22-75. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed by P.A. 99-30, eff. 7-10-15.)

105 ILCS 5/22-76

    (105 ILCS 5/22-76)
    Sec. 22-76. (Repealed).
(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)
    Sec. 22-77. (Repealed).
(Source: P.A. 98-861, eff. 8-5-14. Repealed internally, eff. 7-1-14.)

105 ILCS 5/22-80

    (105 ILCS 5/22-80)
    Sec. 22-80. Student athletes; concussions and head injuries.
    (a) The General Assembly recognizes all of the following:
        (1) Concussions are one of the most commonly reported
    
injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3,900,000 sports-related and recreation-related concussions occur in the United States each year. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed.
        (2) Concussions are a type of brain injury that can
    
range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority of concussions occur without loss of consciousness.
        (3) Continuing to play with a concussion or symptoms
    
of a head injury leaves a young athlete especially vulnerable to greater injury and even death. The General Assembly recognizes that, despite having generally recognized return-to-play standards for concussions and head injuries, some affected youth athletes are prematurely returned to play, resulting in actual or potential physical injury or death to youth athletes in this State.
        (4) Student athletes who have sustained a concussion
    
may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff until the student is fully recovered. To that end, all schools are encouraged to establish a return-to-learn protocol that is based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines and conduct baseline testing for student athletes.
    (b) In this Section:
    "Athletic trainer" means an athletic trainer licensed under the Illinois Athletic Trainers Practice Act who is working under the supervision of a physician.
    "Coach" means any volunteer or employee of a school who is responsible for organizing and supervising students to teach them or train them in the fundamental skills of an interscholastic athletic activity. "Coach" refers to both head coaches and assistant coaches.
    "Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns and which may or may not involve a loss of consciousness.
    "Department" means the Department of Financial and Professional Regulation.
    "Game official" means a person who officiates at an interscholastic athletic activity, such as a referee or umpire, including, but not limited to, persons enrolled as game officials by the Illinois High School Association or Illinois Elementary School Association.
    "Interscholastic athletic activity" means any organized school-sponsored or school-sanctioned activity for students, generally outside of school instructional hours, under the direction of a coach, athletic director, or band leader, including, but not limited to, baseball, basketball, cheerleading, cross country track, fencing, field hockey, football, golf, gymnastics, ice hockey, lacrosse, marching band, rugby, soccer, skating, softball, swimming and diving, tennis, track (indoor and outdoor), ultimate Frisbee, volleyball, water polo, and wrestling. All interscholastic athletics are deemed to be interscholastic activities.
    "Licensed healthcare professional" means a person who has experience with concussion management and who is a nurse, a psychologist who holds a license under the Clinical Psychologist Licensing Act and specializes in the practice of neuropsychology, a physical therapist licensed under the Illinois Physical Therapy Act, an occupational therapist licensed under the Illinois Occupational Therapy Practice Act, a physician assistant, or an athletic trainer.
    "Nurse" means a person who is employed by or volunteers at a school and is licensed under the Nurse Practice Act as a registered nurse, practical nurse, or advanced practice registered nurse.
    "Physician" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.
    "Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987.
    "School" means any public or private elementary or secondary school, including a charter school.
    "Student" means an adolescent or child enrolled in a school.
    (c) This Section applies to any interscholastic athletic activity, including practice and competition, sponsored or sanctioned by a school, the Illinois Elementary School Association, or the Illinois High School Association. This Section applies beginning with the 2016-2017 school year.
    (d) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall appoint or approve a concussion oversight team. Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to interscholastic athletics practice or competition following a force or impact believed to have caused a concussion. Each concussion oversight team shall also establish a return-to-learn protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to the classroom after that student is believed to have experienced a concussion, whether or not the concussion took place while the student was participating in an interscholastic athletic activity.
    Each concussion oversight team must include to the extent practicable at least one physician. If a school employs an athletic trainer, the athletic trainer must be a member of the school concussion oversight team to the extent practicable. If a school employs a nurse, the nurse must be a member of the school concussion oversight team to the extent practicable. At a minimum, a school shall appoint a person who is responsible for implementing and complying with the return-to-play and return-to-learn protocols adopted by the concussion oversight team. At a minimum, a concussion oversight team may be composed of only one person and this person need not be a licensed healthcare professional, but it may not be a coach. A school may appoint other licensed healthcare professionals to serve on the concussion oversight team.
    (e) A student may not participate in an interscholastic athletic activity for a school year until the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion. The form must be approved by the Illinois High School Association.
    (f) A student must be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition:
        (1) a coach;
        (2) a physician;
        (3) a game official;
        (4) an athletic trainer;
        (5) the student's parent or guardian or another
    
person with legal authority to make medical decisions for the student;
        (6) the student; or
        (7) any other person deemed appropriate under the
    
school's return-to-play protocol.
    (g) A student removed from an interscholastic athletics practice or competition under this Section may not be permitted to practice or compete again following the force or impact believed to have caused the concussion until:
        (1) the student has been evaluated, using established
    
medical protocols based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, by a treating physician (chosen by the student or the student's parent or guardian or another person with legal authority to make medical decisions for the student), an athletic trainer, an advanced practice registered nurse, or a physician assistant;
        (2) the student has successfully completed each
    
requirement of the return-to-play protocol established under this Section necessary for the student to return to play;
        (3) the student has successfully completed each
    
requirement of the return-to-learn protocol established under this Section necessary for the student to return to learn;
        (4) the treating physician, the athletic trainer, or
    
the physician assistant has provided a written statement indicating that, in the physician's professional judgment, it is safe for the student to return to play and return to learn or the treating advanced practice registered nurse has provided a written statement indicating that it is safe for the student to return to play and return to learn; and
        (5) the student and the student's parent or guardian
    
or another person with legal authority to make medical decisions for the student:
            (A) have acknowledged that the student has
        
completed the requirements of the return-to-play and return-to-learn protocols necessary for the student to return to play;
            (B) have provided the treating physician's,
        
athletic trainer's, advanced practice registered nurse's, or physician assistant's written statement under subdivision (4) of this subsection (g) to the person responsible for compliance with the return-to-play and return-to-learn protocols under this subsection (g) and the person who has supervisory responsibilities under this subsection (g); and
            (C) have signed a consent form indicating that
        
the person signing:
                (i) has been informed concerning and consents
            
to the student participating in returning to play in accordance with the return-to-play and return-to-learn protocols;
                (ii) understands the risks associated with
            
the student returning to play and returning to learn and will comply with any ongoing requirements in the return-to-play and return-to-learn protocols; and
                (iii) consents to the disclosure to
            
appropriate persons, consistent with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), of the treating physician's, athletic trainer's, physician assistant's, or advanced practice registered nurse's written statement under subdivision (4) of this subsection (g) and, if any, the return-to-play and return-to-learn recommendations of the treating physician, the athletic trainer, the physician assistant, or the advanced practice registered nurse, as the case may be.
    A coach of an interscholastic athletics team may not authorize a student's return to play or return to learn.
    The district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol and shall supervise the person responsible for compliance with the return-to-learn protocol. The person who has supervisory responsibilities under this paragraph may not be a coach of an interscholastic athletics team.
    (h)(1) The Illinois High School Association shall approve, for coaches, game officials, and non-licensed healthcare professionals, training courses that provide for not less than 2 hours of training in the subject matter of concussions, including evaluation, prevention, symptoms, risks, and long-term effects. The Association shall maintain an updated list of individuals and organizations authorized by the Association to provide the training.
    (2) The following persons must take a training course in accordance with paragraph (4) of this subsection (h) from an authorized training provider at least once every 2 years:
        (A) a coach of an interscholastic athletic activity;
        (B) a nurse, licensed healthcare professional, or
    
non-licensed healthcare professional who serves as a member of a concussion oversight team either on a volunteer basis or in his or her capacity as an employee, representative, or agent of a school; and
        (C) a game official of an interscholastic athletic
    
activity.
    (3) A physician who serves as a member of a concussion oversight team shall, to the greatest extent practicable, periodically take an appropriate continuing medical education course in the subject matter of concussions.
    (4) For purposes of paragraph (2) of this subsection (h):
        (A) a coach, game official, or non-licensed
    
healthcare professional, as the case may be, must take a course described in paragraph (1) of this subsection (h);
        (B) an athletic trainer must take a
    
concussion-related continuing education course from an athletic trainer continuing education sponsor approved by the Department;
        (C) a nurse must take a concussion-related continuing
    
education course from a nurse continuing education sponsor approved by the Department;
        (D) a physical therapist must take a
    
concussion-related continuing education course from a physical therapist continuing education sponsor approved by the Department;
        (E) a psychologist must take a concussion-related
    
continuing education course from a psychologist continuing education sponsor approved by the Department;
        (F) an occupational therapist must take a
    
concussion-related continuing education course from an occupational therapist continuing education sponsor approved by the Department; and
        (G) a physician assistant must take a
    
concussion-related continuing education course from a physician assistant continuing education sponsor approved by the Department.
    (5) Each person described in paragraph (2) of this subsection (h) must submit proof of timely completion of an approved course in compliance with paragraph (4) of this subsection (h) to the district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school.
    (6) A physician, licensed healthcare professional, or non-licensed healthcare professional who is not in compliance with the training requirements under this subsection (h) may not serve on a concussion oversight team in any capacity.
    (7) A person required under this subsection (h) to take a training course in the subject of concussions must complete the training prior to serving on a concussion oversight team in any capacity.
    (i) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall develop a school-specific emergency action plan for interscholastic athletic activities to address the serious injuries and acute medical conditions in which the condition of the student may deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and a plan for emergency transport. This emergency action plan must be:
        (1) in writing;
        (2) reviewed by the concussion oversight team;
        (3) approved by the district superintendent or the
    
superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school;
        (4) distributed to all appropriate personnel;
        (5) posted conspicuously at all venues utilized by
    
the school; and
        (6) reviewed annually by all athletic trainers, first
    
responders (including, but not limited to, emergency medical dispatchers), coaches, school nurses, athletic directors, and volunteers for interscholastic athletic activities.
    (j) The State Board of Education shall adopt rules as necessary to administer this Section, including, but not limited to, rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.
(Source: P.A. 101-81, eff. 7-12-19; 102-1006, eff. 1-1-23.)

105 ILCS 5/22-81

    (105 ILCS 5/22-81)
    Sec. 22-81. Drug education and youth overdose prevention. By July 1, 2024, the State Board of Education and the Department of Human Services shall work in consultation with relevant stakeholders, including the Illinois Opioid Crisis Response Advisory Council, to develop and update substance use prevention and recovery resource materials for public elementary and secondary schools. A Substance Use Prevention and Recovery Instruction Resource Guide shall be made available on the State Board of Education's Internet website and shall be sent via electronic mail to all regional offices of education and school districts in this State. The Resource Guide shall provide guidance for school districts and educators regarding student instruction in the topics of substance use prevention and recovery at an age and developmentally appropriate level and shall be reviewed and updated appropriately based on new findings and trends as determined by the State Board of Education or the Department of Human Services. A school district's use of the Resource Guide shall be voluntary. All resources and recommendations within the Resource Guide shall align with the substance use prevention and recovery related topics within the Illinois Learning Standards for Physical Development and Health and the State of Illinois Opioid Action Plan. The Resource Guide shall, at a minimum, include all the following:
        (1) Age-appropriate, comprehensive, reality-based,
    
safety-focused, medically accurate and evidence-informed information that reduces substance-use risk factors and promotes protective factors.
        (2) Information about where to locate stories and
    
perspectives of people with lived experiences for incorporation into classroom instruction.
        (3) Resources regarding how to make substance use
    
prevention and recovery instruction interactive at each grade level.
        (4) Information on how school districts may involve
    
parents, caregivers, teachers, healthcare providers, and community members in the instructional process.
        (5) Ways to create instructional programs that are
    
representative of diverse demographic groups and appropriate for each age, grade, and culture represented in classrooms in this State.
        (6) Resources that reflect the prevention continuum
    
from universal to selected tactics that address young people's substance use, and current and projected substance use and overdose trends.
        (7) Citations and references the most up-to-date
    
version of the State of Illinois Overdose Action Plan.
        (8) Resources that reflect the importance of
    
education for youth, their families, and their community about:
            (A) substance types, the substance use continuum,
        
the impact of substances on the brain and body, and contributing factors that lead to substance use, such as underlying co-occurring health issues and trauma;
            (B) the history of drugs and health policy in
        
this State and the country, the impact of zero tolerance, and restorative justice practices;
            (C) risk mitigation and harm reduction, including
        
abstinence and responding to an overdose with the use of naloxone and fentanyl test strips;
            (D) addressing adverse childhood experiences,
        
such as witnessing and experiencing violence, abuse, caregiver loss, and other trauma, especially among young people of color;
            (E) the social and health inequities among racial
        
and ethnic minorities; and
            (F) strategies and resources for coping with
        
stress, trauma, substance use, and other risky behavior in non-punitive ways to help oneself or others.
    Subject to appropriation, the Department of Human Services shall reimburse a grantee for any costs associated with facilitating a heroin and opioid overdose prevention instructional program for school districts seeking to provide instruction under this type of program. Each school district that seeks to participate in the program shall have the discretion to determine which grade levels the school district will instruct under the program.
    The program must use effective, research-proven, interactive teaching methods and technologies, and must provide students, parents, and school staff with scientific, social, and emotional learning content to help them understand the risk of drug use. Such learning content must specifically target the dangers of prescription pain medication and heroin abuse. The Department may contract with a health education organization to fulfill the requirements of the program.
(Source: P.A. 102-894, eff. 5-20-22; 103-399, eff. 7-28-23.)

105 ILCS 5/22-82

    (105 ILCS 5/22-82)
    Sec. 22-82. Assessment reporting.
    (a) Before the 30th day of each school year, beginning with the 2016-2017 school year, every school district shall report, for each of its schools, all of the following to the State Board of Education, using a form developed by the State Board of Education:
        (1) Every reliable assessment that measures a certain
    
group or subset of students in the same manner with the same potential assessment items; is scored by a non-district entity; is administered either statewide or beyond Illinois, such as assessments available from the Northwest Evaluation Association, Scantron Performance Series assessments, Renaissance Learning's STAR Reading Enterprise assessments, the College Board's SAT, Advanced Placement or International Baccalaureate examinations, or ACT's Educational Planning and Assessment System tests; and will be administered by each school that school year.
        (2) The administration window for each of these
    
assessments.
        (3) Which entity is requiring the assessment (State,
    
school district, network, or principal).
        (4) Which grade levels will be taking the assessment.
        (5) Which subsets of students, such as English
    
Learners and special education students, will be taking the assessment.
        (6) An estimate of the average time it will take a
    
student to complete the assessment.
        (7) If the results of the assessment are to be used
    
for purposes other than for guiding instruction, what the results of the assessment will be used for, such as for promotion, course placement, graduation, teacher evaluation, or school performance ratings.
    (b) The State Board of Education shall compile the information reported under subsection (a) of this Section for each school year and make that information available to the public. Each school shall also make that information publicly available to the parents and guardians of its students through the school district's Internet website or distribution in paper form.
    (c) The State Board of Education may adopt any rules necessary to carry out its responsibilities under this Section.
(Source: P.A. 99-590, eff. 7-22-16.)

105 ILCS 5/22-83

    (105 ILCS 5/22-83)
    Sec. 22-83. Police training academy job training program.
    (a) In a county of 175,000 or more inhabitants, any school district with a high school may establish one or more partnerships with a local police department, county sheriff, or police training academy to establish a jobs training program for high school students. The school district shall establish its partnership or partnerships on behalf of all of the high schools in the district; no high school shall establish a partnership for this purpose separate from the school district's partnership under this Section. The jobs training program shall be open to all students, regardless of prior academic history. However, to encourage and maintain successful program participation and partnerships, the school districts and their partner agencies may impose specific program requirements.
    (b) The State Board of Education shall track participation and the success of students participating in the jobs training program established under this Section and annually publish a report on its website examining the program and its success.
(Source: P.A. 100-331, eff. 1-1-18.)

105 ILCS 5/22-85

    (105 ILCS 5/22-85)
    Sec. 22-85. Sexual abuse at schools.
    (a) The General Assembly finds that:
        (1) investigation of a child regarding an incident of
    
sexual abuse can induce significant trauma for the child;
        (2) it is desirable to prevent multiple interviews of
    
a child at a school; and
        (3) it is important to recognize the role of
    
Children's Advocacy Centers in conducting developmentally appropriate investigations.
    (b) In this Section:
    "Alleged incident of sexual abuse" is limited to an incident of sexual abuse of a child that is alleged to have been perpetrated by school personnel, including a school vendor or volunteer, that occurred (i) on school grounds or during a school activity or (ii) outside of school grounds or not during a school activity.
    "Appropriate law enforcement agency" means a law enforcement agency whose employees have been involved, in some capacity, with an investigation of a particular alleged incident of sexual abuse.
    (c) If a mandated reporter within a school has knowledge of an alleged incident of sexual abuse, the reporter must call the Department of Children and Family Services' hotline established under Section 7.6 of the Abused and Neglected Child Reporting Act immediately after obtaining the minimal information necessary to make a report, including the names of the affected parties and the allegations. The State Board of Education must make available materials detailing the information that is necessary to enable notification to the Department of Children and Family Services of an alleged incident of sexual abuse. Each school must ensure that mandated reporters review the State Board of Education's materials and materials developed by the Department of Children and Family Services and distributed in the school building under Section 7 of the Abused and Neglected Child Reporting Act at least once annually.
    (d) For schools in a county with an accredited Children's Advocacy Center, every alleged incident of sexual abuse that is reported to the Department of Children and Family Services' hotline or a law enforcement agency and is subsequently accepted for investigation must be referred by the entity that received the report to the local Children's Advocacy Center pursuant to that county's multidisciplinary team's protocol under the Children's Advocacy Center Act for investigating child sexual abuse allegations.
    (e) A county's local Children's Advocacy Center must, at a minimum, do both of the following regarding a referred case of an alleged incident of sexual abuse:
        (1) Coordinate the investigation of the alleged
    
incident, as governed by the local Children's Advocacy Center's existing multidisciplinary team protocol and according to National Children's Alliance accreditation standards.
        (2) Facilitate communication between the
    
multidisciplinary team investigating the alleged incident of sexual abuse and, if applicable, the referring school's (i) Title IX officer, or his or her designee, (ii) school resource officer, or (iii) personnel leading the school's investigation into the alleged incident of sexual abuse. If a school uses a designated entity to investigate a sexual abuse allegation, the multidisciplinary team may correspond only with that entity and any reference in this Section to "school" refers to that designated entity. This facilitation of communication must, at a minimum, ensure that all applicable parties have each other's contact information and must share the county's local Children's Advocacy Center's protocol regarding the process of approving the viewing of a forensic interview, as defined under Section 2.5 of the Children's Advocacy Center Act, by school personnel and a contact person for questions relating to the protocol.
    (f) After an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the criminal and child abuse investigations related to that alleged incident are being conducted by the local multidisciplinary team, the school relevant to the alleged incident of sexual abuse must comply with both of the following:
        (1) It may not interview the alleged victim regarding
    
details of the alleged incident of sexual abuse until after the completion of the forensic interview of that victim is conducted at a Children's Advocacy Center. This paragraph does not prohibit a school from requesting information from the alleged victim or his or her parent or guardian to ensure the safety and well-being of the alleged victim at school during an investigation.
        (2) If asked by a law enforcement agency or an
    
investigator of the Department of Children and Family Services who is conducting the investigation, it must inform those individuals of any evidence the school has gathered pertaining to an alleged incident of sexual abuse, as permissible by federal or State law.
    (g) After completion of a forensic interview, the multidisciplinary team must notify the school relevant to the alleged incident of sexual abuse of its completion. If, for any reason, a multidisciplinary team determines it will not conduct a forensic interview in a specific investigation, the multidisciplinary team must notify the school as soon as the determination is made. If a forensic interview has not been conducted within 15 calendar days after opening an investigation, the school may notify the multidisciplinary team that it intends to interview the alleged victim. No later than 10 calendar days after this notification, the multidisciplinary team may conduct the forensic interview and, if the multidisciplinary team does not conduct the interview, the school may proceed with its interview.
    (h) To the greatest extent possible considering student safety and Title IX compliance, school personnel may view the electronic recordings of a forensic interview of an alleged victim of an incident of sexual abuse. As a means to avoid additional interviews of an alleged victim, school personnel must be granted viewing access to the electronic recording of a forensic interview conducted at an accredited Children's Advocacy Center for an alleged incident of sexual abuse only if the school receives (i) approval from the multidisciplinary team investigating the case and (ii) informed consent by a child over the age of 13 or the child's parent or guardian. Each county's local Children's Advocacy Center and multidisciplinary team must establish an internal protocol regarding the process of approving the viewing of the forensic interview, and this process and the contact person must be shared with the school contact at the time of the initial facilitation. Whenever possible, the school's viewing of the electronic recording of a forensic interview should be conducted in lieu of the need for additional interviews.
    (i) For an alleged incident of sexual abuse that has been accepted for investigation by a multidisciplinary team, if, during the course of its internal investigation and at any point during or after the multidisciplinary team's investigation, the school determines that it needs to interview the alleged victim to successfully complete its investigation and the victim is under 18 years of age, a child advocate must be made available to the student and may be present during the school's interview. A child advocate may be a school social worker, a school or equally qualified psychologist, or a person in a position the State Board of Education has identified as an appropriate advocate for the student during a school's investigation into an alleged incident of sexual abuse.
    (j) The Department of Children and Family Services must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete. The notification must include information on the outcome of that investigation.
    (k) The appropriate law enforcement agency must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete or has been suspended. The notification must include information on the outcome of that investigation.
    (l) This Section applies to all schools operating under this Code, including, but not limited to, public schools located in cities having a population of more than 500,000, a school operated pursuant to an agreement with a public school district, alternative schools operated by third parties, an alternative learning opportunities program, a public school administered by a local public agency or the Department of Human Services, charter schools operating under the authority of Article 27A, and non-public schools recognized by the State Board of Education.
(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.)

105 ILCS 5/22-85.5

    (105 ILCS 5/22-85.5)
    Sec. 22-85.5. Sexual misconduct in schools.
    (a) This Section applies beginning on July 1, 2022.
    (b) The General Assembly finds that:
        (1) the success of students in school relies on safe
    
learning environments and healthy relationships with school personnel;
        (2) it is important for staff to maintain a
    
professional relationship with students at all times and to define staff-student boundaries to protect students from sexual misconduct by staff and staff from the appearance of impropriety;
        (3) many breaches of staff-student boundaries do not
    
rise to the level of criminal behavior but do pose a potential risk to student safety;
        (4) repeated violations of staff–student boundaries
    
can indicate the grooming of a student for sexual abuse;
        (5) it is necessary to uphold the State Board of
    
Education's Code of Ethics for Illinois Educators and for each school district, charter school, or nonpublic school to have an employee code of professional conduct policy;
        (6) each school district, charter school, or
    
nonpublic school must have the ability to discipline educators for breaches of its employee code of professional conduct policy;
        (7) each school district, charter school, or
    
nonpublic school must have the ability to know if any of its educators have violated professional staff–student boundaries in previous employment; and
        (8) as bystanders, educators may have knowledge of
    
concerning behaviors that no one else is aware of, so they need adequate training on sexual abuse, the employee code of professional conduct policy, and federal and State reporting requirements.
    (c) In this Section, "sexual misconduct" means any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Such an act includes, but is not limited to, any of the following:
        (1) A sexual or romantic invitation.
        (2) Dating or soliciting a date.
        (3) Engaging in sexualized or romantic dialog.
        (4) Making sexually suggestive comments that are
    
directed toward or with a student.
        (5) Self-disclosure or physical exposure of a
    
sexual, romantic, or erotic nature.
        (6) A sexual, indecent, romantic, or erotic contact
    
with the student.
    (d) To prevent sexual misconduct with students, each school district, charter school, or nonpublic school shall develop an employee code of professional conduct policy that addresses all of the following:
        (1) Incorporates the Code of Ethics for Illinois
    
Educators.
        (2) Incorporates the definition of "sexual
    
misconduct" in this Section.
        (3) Identifies the expectations for employees and
    
agents of the school district, charter school, or nonpublic school regarding how to maintain a professional relationship with students, including the expectations for staff-student boundaries, recognizing the age and developmental level of the students served, and establishes guidelines for all of the following situations:
            (A) Transporting a student.
            (B) Taking or possessing a photo or a video of a
        
student.
            (C) Meeting with a student or contacting a
        
student outside of the employee's or agent's professional role.
        (4) References the employee reporting requirements
    
required under the Abused and Neglected Child Reporting Act and under Title IX of the federal Education Amendments of 1972.
        (5) References required employee training that is
    
related to child abuse and educator ethics that are applicable under State and federal law.
    (e) The employee code of professional conduct policy must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic, nonsectarian elementary or secondary school.
    (f) A violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment. Failure to report a violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment.
(Source: P.A. 102-676, eff. 12-3-21.)

105 ILCS 5/22-85.10

    (105 ILCS 5/22-85.10)
    Sec. 22-85.10. Parental notification of sexual misconduct.
    (a) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of an enrolled student, unless the student is at least 18 years of age or emancipated, with whom an employee, agent of the school, or a contractor of the school is alleged to have engaged in sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code. Notice provided to the parent or guardian of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include:
        (1) Consideration of the time frame for providing
    
notice to the student and the student's parents or guardians if the alleged sexual misconduct is also being investigated by the Illinois Department of Children and Family Services or law enforcement as described in Section 22-85 of this Code.
        (2) Prior to notification of the student's parents or
    
guardians, notification must first be provided to the student in a developmentally appropriate manner and include:
            (A) that notice will be given to the student's
        
parents or guardians;
            (B) what information will be included in the
        
notice to the student's parents or guardians;
            (C) available resources for the student within
        
the school and community in accordance with Article 26A of this Code and available counseling services under Section 3-550 of the Mental Health and Developmental Disabilities Code; and
            (D) beginning July 1, 2025, the name and
        
contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
        (3) After notification of the student as required
    
under paragraph (2), the student's parents or guardians shall be notified in writing:
            (A) of the alleged misconduct; and
            (B) of available resources for the student
        
within the school and the community in accordance with Article 26A of this Code and, beginning on July 1, 2025, the name and contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
        (4) Notification must be provided as soon as
    
feasible after the employing entity becomes aware that alleged misconduct may have occurred, subject to the requirements of subsection (f) of Section 22-85 of this Code.
    (b) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of a student, subject to subsection (a), when any formal action has been taken by the governing body relating to the employment of the alleged perpetrator following the investigation of sexual misconduct, including whether employment was terminated or whether the governing body accepted the resignation of the employee. Notice provided to the parents or guardians of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include:
        (1) Consideration of the time frame for providing
    
notice to the student and the student's parents or guardians if the alleged sexual misconduct is also being investigated by the Illinois Department of Children and Family Services or law enforcement as described in Section 22-85 of this Code.
        (2) Prior to notification of the student's parents or
    
guardians, notification must first be provided to the student in a developmentally appropriate manner and include:
            (A) that notice will be given to the student's
        
parent or guardian of the governing body's action;
            (B) what information will be included in the
        
notice to the student's parents or guardians;
            (C) available resources for the student within
        
the school and community in accordance with Article 26A of this Code and available counseling services under Section 3-550 of the Mental Health and Developmental Disabilities Code; and
            (D) beginning July 1, 2025, the name and contact
        
information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
        (3) After notification of the student as required
    
in paragraph (2), the student's parents or guardians shall be notified in writing:
            (A) of the governing body's action;
            (B) whether a report concerning the alleged
        
sexual misconduct was or will be submitted to the State Superintendent of Education and the applicable regional superintendent of schools pursuant to Section 10-21.9 of this Code; and
            (C) of available resources for the student
        
within the school and the community in accordance with Article 26A of this Code and, beginning on July 1, 2025, the name and contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
        (4) Notification must be provided as soon as feasible
    
after the board action is taken, subject to the requirements of subsection (f) of Section 22-85 of this Code.
        (5) For the purposes of subsection (b), if the
    
student is no longer enrolled at the time formal action is taken, sending written notice to the last known address in the student's file fulfills notification requirements.
    (c) Notwithstanding any other provision of this Section, notification to the student prior to notification of the student's parents or guardians shall not be required to the extent an employee or agent of the school district, charter school, or nonpublic school deems it necessary to address an imminent risk of serious physical injury or death of a student or another person, including the victim. If prior notification to the student is not given, notification to the student shall be provided as soon as practicable and without delay following the notification to the student's parents or guardians.
    (d) Subsections (a) and (b) shall not apply if the student's parent or guardian is the alleged perpetrator of the misconduct.
(Source: P.A. 102-702, eff. 7-1-23.)

105 ILCS 5/22-86

    (105 ILCS 5/22-86)
    Sec. 22-86. (Repealed).
(Source: P.A. 101-531, eff. 8-23-19. Repealed internally, eff. 3-15-21.)

105 ILCS 5/22-87

    (105 ILCS 5/22-87)
    Sec. 22-87. Graduation requirements; Free Application for Federal Student Aid.
    (a) Beginning with the 2020-2021 school year, in addition to any other requirements under this Code, as a prerequisite to receiving a high school diploma from a public high school, the parent or guardian of each student or, if a student is at least 18 years of age or legally emancipated, the student must comply with either of the following:
        (1) File a Free Application for Federal Student Aid
    
with the United States Department of Education or, if applicable, an application for State financial aid.
        (2) On a form created by the State Board of
    
Education, file a waiver with the student's school district indicating that the parent or guardian or, if applicable, the student understands what the Free Application for Federal Student Aid and application for State financial aid are and has chosen not to file an application under paragraph (1).
    (b) Each school district with a high school must require each high school student to comply with this Section and must provide to each high school student and, if applicable, his or her parent or guardian any support or assistance necessary to comply with this Section. A school district must award a high school diploma to a student who is unable to meet the requirements of subsection (a) due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under this Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver under subsection (a).
    (c) The State Board of Education may adopt rules to implement this Section.
(Source: P.A. 101-180, eff. 6-1-20; 102-558, eff. 8-20-21.)

105 ILCS 5/22-88

    (105 ILCS 5/22-88)
    Sec. 22-88. Parental notification of law enforcement detainment and questioning on school grounds.
    (a) In this Section, "school grounds" means the real property comprising an active and operational elementary or secondary school during the regular hours in which school is in session and when students are present.
    (b) Before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, a school resource officer, or other school security personnel must do all of the following:
        (1) Ensure that notification or attempted
    
notification of the student's parent or guardian is made.
        (2) Document the time and manner in which the
    
notification or attempted notification under paragraph (1) occurred.
        (3) Make reasonable efforts to ensure that the
    
student's parent or guardian is present during the questioning or, if the parent or guardian is not present, ensure that school personnel, including, but not limited to, a school social worker, a school psychologist, a school nurse, a school counselor, or any other mental health professional, are present during the questioning.
        (4) If practicable, make reasonable efforts to ensure
    
that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning. An officer who received training in youth investigations approved or certified by his or her law enforcement agency or under Section 10.22 of the Police Training Act or a juvenile police officer, as defined under Section 1-3 of the Juvenile Court Act of 1987, satisfies the requirement under this paragraph.
    (c) This Section does not limit the authority of a law enforcement officer to make an arrest on school grounds. This Section does not apply to circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary to do any of the following:
        (1) Prevent bodily harm or injury to the student or
    
any other person.
        (2) Apprehend an armed or fleeing suspect.
        (3) Prevent the destruction of evidence.
        (4) Address an emergency or other dangerous
    
situation.
(Source: P.A. 101-478, eff. 8-23-19; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21.)

105 ILCS 5/22-89

    (105 ILCS 5/22-89)
    Sec. 22-89. Graduates during the 2019-2020 school year. Notwithstanding any other provision of this Code, any diploma conferred during the 2019-2020 school year, including during the summer of 2020, under graduation requirements that were modified by an executive order, emergency rulemaking, or school board policy prompted by a gubernatorial disaster proclamation as a result of COVID-19 is deemed valid and is not subject to challenge or review due to a failure to meet minimum requirements otherwise required by this Code, administrative rule, or school board policy.
(Source: P.A. 101-643, eff. 6-18-20.)

105 ILCS 5/22-90

    (105 ILCS 5/22-90)
    Sec. 22-90. (Repealed).
(Source: P.A. 102-813, eff. 5-13-22. Repealed internally, eff. 2-1-23.)

105 ILCS 5/22-91

    (105 ILCS 5/22-91)
    Sec. 22-91. Modification of athletic or team uniform; nonpublic schools.
    (a) A nonpublic school recognized by the State Board of Education must allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the school for such modification. However, nothing in this Section prohibits a school from providing the modification to the student.
    (b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear:
        (1) is black, white, the predominant color of the
    
uniform, or the same color for all players on the team;
        (2) does not cover any part of the face;
        (3) is not dangerous to the player or to the other
    
players;
        (4) has no opening or closing elements around the
    
face and neck; and
        (5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.)

105 ILCS 5/22-92

    (105 ILCS 5/22-92)
    Sec. 22-92. Absenteeism and truancy policy.
    (a) Each school district, charter school, or alternative school or any school receiving public funds shall develop and communicate to its students and their parent or guardian, on an annual basis, an absenteeism and truancy policy, including at least the following elements:
        (1) A definition of a valid cause for absence in
    
accordance with Section 26-2a of this Code.
        (2) A description of diagnostic procedures to be used
    
for identifying the causes of unexcused student absenteeism, which shall, at a minimum, include interviews with the student, his or her parent or guardian, and any school officials who may have information about the reasons for the student's attendance problem.
        (3) The identification of supportive services to be
    
made available to truant or chronically truant students. These services shall include, but need not be limited to, parent conferences, student counseling, family counseling, and information about existing community services that are available to truant and chronically truant students and relevant to their needs.
        (4) Incorporation of the provisions relating to
    
chronic absenteeism in accordance with Section 26-18 of this Code.
    (b) The absenteeism and truancy policy must be updated every 2 years and filed with the State Board of Education and the regional superintendent of schools.
(Source: P.A. 102-157, eff. 7-1-22; 102-813, eff. 5-13-22.)

105 ILCS 5/22-93

    (105 ILCS 5/22-93)
    Sec. 22-93. School guidance counselor; gift ban.
    (a) In this Section:
    "Guidance counselor" means a person employed by a school district and working in a high school to offer students advice and assistance in making career or college plans.
    "Prohibited source" means any person who is employed by an institution of higher education or is an agent or spouse of or an immediate family member living with a person employed by an institution of higher education.
    "Relative" means an individual related to another as father, mother, son, daughter, brother, sister, uncle, aunt, great-aunt, great-uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister or the father, mother, grandfather, or grandmother of the individual's spouse or the individual's fiance or fiancee.
    (b) A guidance counselor may not intentionally solicit or accept any gift from a prohibited source or solicit or accept a gift that would be in violation of any federal or State statute or rule. A prohibited source may not intentionally offer or make a gift that violates this Section.
    (c) The prohibition in subsection (b) does not apply to any of the following:
        (1) Opportunities, benefits, and services that are
    
available on the same conditions as for the general public.
        (2) Anything for which the guidance counselor pays
    
the market value.
        (3) A gift from a relative.
        (4) Anything provided by an individual on the basis
    
of a personal friendship, unless the guidance counselor has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the guidance counselor and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the guidance counselor must consider the circumstances in which the gift was offered, including any of the following:
            (A) The history of the relationship between the
        
individual giving the gift and the guidance counselor, including any previous exchange of gifts between those individuals.
            (B) Whether, to the actual knowledge of the
        
guidance counselor, the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift.
            (C) Whether, to the actual knowledge of the
        
guidance counselor, the individual who gave the gift also, at the same time, gave the same or a similar gift to other school district employees.
        (5) Bequests, inheritances, or other transfers at
    
death.
        (6) Any item or items from any one prohibited source
    
during any calendar year having a cumulative total value of less than $100.
        (7) Promotional materials, including, but not limited
    
to, pens, pencils, banners, posters, and pennants.
    Each exception listed under this subsection is mutually exclusive and independent of one another.
    (d) A guidance counselor is not in violation of this Section if he or she promptly takes reasonable action to return the gift to the prohibited source or donates the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986.
    A guidance counselor or prohibited source who intentionally violates this Section is guilty of a business offense and is subject to a fine of at least $1,001 and up to $5,000.
(Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22.)

105 ILCS 5/22-94

    (105 ILCS 5/22-94)
    Sec. 22-94. Employment history review.
    (a) This Section applies to all permanent and temporary positions for employment with a school or a contractor of a school involving direct contact with children or students.
    (b) In this Section:
    "Contractor" means firms holding contracts with any school including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct contact with children or students.
    "Direct contact with children or students" means the possibility of care, supervision, guidance, or control of children or students or routine interaction with children or students.
    "School" means a public or nonpublic elementary or secondary school.
    "Sexual misconduct" has the meaning ascribed to it in subsection (c) of Section 22-85.5 of this Code.
    (c) Prior to hiring an applicant to work directly with children or students, a school or contractor must ensure that the following criteria are met:
        (1) the school or contractor has no knowledge or
    
information pertaining to the applicant that would disqualify the applicant from employment;
        (2) the applicant swears or affirms that the
    
applicant is not disqualified from employment;
        (3) using the template developed by the State Board
    
of Education, the applicant provides all of the following:
            (A) a list, including the name, address,
        
telephone number, and other relevant contact information of the following:
                (i) the applicant's current employer;
                (ii) all former employers of the applicant
            
that were schools or school contractors, as well as all former employers at which the applicant had direct contact with children or students;
            (B) A written authorization that consents to
        
and authorizes disclosure by the applicant's current and former employers under subparagraph (A) of this paragraph (3) of the information requested under paragraph (4) of this subsection (c) and the release of related records and that releases those employers from any liability that may arise from such disclosure or release of records pursuant to subsection (e).
            (C) A written statement of whether the
        
applicant:
                (i) has been the subject of a sexual
            
misconduct allegation, unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated;
                (ii) has ever been discharged from, been
            
asked to resign from, resigned from, or otherwise been separated from any employment, has ever been disciplined by an employer, or has ever had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or
                (iii) has ever had a license or
            
certificate suspended, surrendered, or revoked or had an application for licensure, approval, or endorsement denied due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.
        (4) The school or contractor shall initiate a
    
review of the employment history of the applicant by contacting those employers listed by the applicant under subparagraph (A) of paragraph (3) of this subsection (c) and, using the template developed by the State Board of Education, request all of the following information:
            (A) the dates of employment of the applicant;
            (B) a statement as to whether the applicant:
                (i) has been the subject of a sexual
            
misconduct allegation, unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated;
                (ii) was discharged from, was asked to
            
resign from, resigned from, or was otherwise separated from any employment, was disciplined by the employer, or had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or
                (iii) has ever had a license or
            
certificate suspended, surrendered, or revoked due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.
            (C) The template shall include the following
        
option: if the employer does not have records or evidence regarding the questions in items (i) through (iii) of subparagraph (B) of paragraph (4) of subsection (c), the employer may state that there is no knowledge of information pertaining to the applicant that would disqualify the applicant from employment.
        (5) For applicants licensed by the State Board of
    
Education, the school district, charter school, or nonpublic school shall verify the applicant's reported previous employers with previous employers in the State Board of Education's educator licensure database to ensure accuracy.
    (d) An applicant who provides false information or willfully fails to disclose information required in subsection (c) shall be subject to discipline, up to and including termination or denial of employment.
    (e) No later than 20 days after receiving a request for information required under paragraph (4) of subsection (c), an employer who has or had an employment relationship with the applicant shall disclose the information requested. If the employer has an office of human resources or a central office, information shall be provided by that office. The employer who has or had an employment relationship with the applicant shall disclose the information on the template developed by the State Board of Education. For any affirmative response to items (i) through (iii) of subparagraph (B) of paragraph (4) or subsection (c), the employer who has or had an employment relationship with the applicant shall provide additional information about the matters disclosed and all related records.
    A school shall complete the template at time of separation from employment, or at the request of the employee, and maintain it as part of the employee's personnel file. If the school completes an investigation after an employee's separation from employment, the school shall update the information accordingly.
    Information received under this Section shall not be deemed a public record.
    A school or contractor who receives information under this subsection (e) may use the information for the purpose of evaluating an applicant's fitness to be hired or for continued employment and may report the information, as appropriate, to the State Board of Education, a State licensing agency, a law enforcement agency, a child protective services agency, another school or contractor, or a prospective employer.
    An employer, school, school administrator, or contractor who provides information or records about a current or former employee or applicant under this Section is immune from criminal and civil liability for the disclosure of the information or records, unless the information or records provided were knowingly false. This immunity shall be in addition to and not a limitation on any other immunity provided by law or any absolute or conditional privileges applicable to the disclosure by virtue of the circumstances or the applicant's consent to the disclosure and shall extent to any circumstances when the employer, school, school administrator, or contractor in good faith shares findings of sexual misconduct with another employer.
    Unless the laws of another state prevent the release of the information or records requested or disclosure is restricted by the terms of a contract entered into prior to the effective date of this amendatory Act of the 102nd General Assembly, and notwithstanding any other provisions of law to the contrary, an employer, school, school administrator, contractor, or applicant shall report and disclose, in accordance with this Section, all relevant information, records, and documentation that may otherwise be confidential.
    (f) A school or contractor may not hire an applicant who does not provide the information required under subsection (c) for a position involving direct contact with children or students.
    (g) Beginning on the effective date of this amendatory Act of the 102nd General Assembly, a school or contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:
        (1) has the effect of suppressing information
    
concerning a pending investigation or a completed investigation in which an allegation was substantiated related to a report of suspected sexual misconduct by a current or former employee;
        (2) affects the ability of the school or contractor
    
to report suspected sexual misconduct to the appropriate authorities; or
        (3) requires the school or contractor to expunge
    
information about allegations or findings of suspected sexual misconduct from any documents maintained by the school or contractor, unless, after an investigation, an allegation is found to be false, unfounded, or unsubstantiated.
    (h) Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into on or after the effective date of this amendatory Act of the 102nd General Assembly and that is contrary to this Section is void and unenforceable.
    (i) For substitute employees, all of the following apply:
        (1) The employment history review required by this
    
Section is required only prior to the initial hiring of a substitute employee or placement on a school's approved substitute list and shall remain valid as long as the substitute employee continues to be employed by the same school or remains on the school's approved substitute list.
        (2) A substitute employee seeking to be added to
    
another school's substitute list shall undergo an additional employment history review under this Section. Except as otherwise provided in paragraph (3) of this subsection (i) or in subsection (k), the appearance of a substitute employee on one school's substitute list does not relieve another school from compliance with this Section.
        (3) An employment history review conducted upon
    
initial hiring of a substitute employee by contractor or any other entity that furnishes substitute staffing services to schools shall satisfy the requirements of this Section for all schools using the services of that contractor or other entity.
        (4) A contractor or any other entity furnishing
    
substitute staffing services to schools shall comply with paragraphs (3) and (4) of subsection (j).
    (j) For employees of contractors, all of the following apply:
        (1) The employment history review required by this
    
Section shall be performed, either at the time of the initial hiring of an employee or prior to the assignment of an existing employee to perform work for a school in a position involving direct contact with children or students. The review shall remain valid as long as the employee remains employed by the same contractor, even if assigned to perform work for other schools.
        (2) A contractor shall maintain records documenting
    
employment history reviews for all employees as required by this Section and, upon request, shall provide a school for whom an employee is assigned to perform work access to the records pertaining to that employee.
        (3) Prior to assigning an employee to perform work
    
for a school in a position involving direct contact with children or students, the contractor shall inform the school of any instance known to the contractor in which the employee:
            (A) has been the subject of a sexual misconduct
        
allegation unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated;
            (B) has ever been discharged, been asked to
        
resign from, resigned from, or otherwise been separated from any employment, been removed from a substitute list, been disciplined by an employer, or had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or
            (C) has ever had a license or certificate
        
suspended, surrendered, or revoked due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.
        (4) The contractor may not assign an employee to
    
perform work for a school in a position involving direct contact with children or students if the school objects to the assignment after being informed of an instance listed in paragraph (3).
    (k) An applicant who has undergone an employment history review under this Section and seeks to transfer to or provide services to another school in the same school district, diocese, or religious jurisdiction, or to another school established and supervised by the same organization is not required to obtain additional reports under this Section before transferring.
    (l) Nothing in this Section shall be construed:
        (1) to prevent a prospective employer from
    
conducting further investigations of prospective employees or from requiring applicants to provide additional background information or authorizations beyond what is required under this Section, nor to prevent a current or former employer from disclosing more information than what is required under this Section;
        (2) to relieve a school, school employee,
    
contractor of the school, or agent of the school from any legal responsibility to report sexual misconduct in accordance with State and federal reporting requirements;
        (3) to relieve a school, school employee,
    
contractor of the school, or agent of the school from any legal responsibility to implement the provisions of Section 7926 of Chapter 20 of the United States Code; or
        (4) to prohibit the right of the exclusive
    
bargaining representative under a collective bargaining agreement to grieve and arbitrate the validity of an employee's termination or discipline for just cause.
    (m) The State Board of Education shall develop the templates required under paragraphs (3) and (4) of subsection (c).
(Source: P.A. 102-702, eff. 7-1-23.)

105 ILCS 5/22-95

    (105 ILCS 5/22-95)
    (Text of Section from P.A. 103-413)
    (Section scheduled to be repealed on February 1, 2029)
    Sec. 22-95. Whole Child Task Force.
    (a) The General Assembly makes all of the following findings:
        (1) The COVID-19 pandemic has exposed systemic
    
inequities in American society. Students, educators, and families throughout this State have been deeply affected by the pandemic, and the impact of the pandemic will be felt for years to come. The negative consequences of the pandemic have impacted students and communities differently along the lines of race, income, language, and special needs. However, students in this State faced significant unmet physical health, mental health, and social and emotional needs even prior to the pandemic.
        (2) The path to recovery requires a commitment from
    
adults in this State to address our students cultural, physical, emotional, and mental health needs and to provide them with stronger and increased systemic support and intervention.
        (3) It is well documented that trauma and toxic
    
stress diminish a child's ability to thrive. Forms of childhood trauma and toxic stress include adverse childhood experiences, systemic racism, poverty, food and housing insecurity, and gender-based violence. The COVID-19 pandemic has exacerbated these issues and brought them into focus.
        (4) It is estimated that, overall, approximately 40%
    
of children in this State have experienced at least one adverse childhood experience and approximately 10% have experienced 3 or more adverse childhood experiences. However, the number of adverse childhood experiences is higher for Black and Hispanic children who are growing up in poverty. The COVID-19 pandemic has amplified the number of students who have experienced childhood trauma. Also, the COVID-19 pandemic has highlighted preexisting inequities in school disciplinary practices that disproportionately impact Black and Brown students. Research shows, for example, that girls of color are disproportionately impacted by trauma, adversity, and abuse, and instead of receiving the care and trauma-informed support they may need, many Black girls in particular face disproportionately harsh disciplinary measures.
        (5) The cumulative effects of trauma and toxic stress
    
adversely impact the physical health of students, as well as the students' ability to learn, form relationships, and self-regulate. If left unaddressed, these effects increase a student's risk for depression, alcoholism, anxiety, asthma, smoking, and suicide, all of which are risks that disproportionately affect Black youth and may lead to a host of medical diseases as an adult. Access to infant and early childhood mental health services is critical to ensure the social and emotional well-being of this State's youngest children, particularly those children who have experienced trauma.
        (6) Although this State enacted measures through
    
Public Act 100-105 to address the high rate of early care and preschool expulsions of infants, toddlers, and preschoolers and the disproportionately higher rate of expulsion for Black and Hispanic children, a recent study found a wide variation in the awareness, understanding, and compliance with the law by providers of early childhood care. Further work is needed to implement the law, which includes providing training to early childhood care providers to increase the providers' understanding of the law, increasing the availability and access to infant and early childhood mental health services, and building aligned data collection systems to better understand expulsion rates and to allow for accurate reporting as required by the law.
        (7) Many educators and schools in this State have
    
embraced and implemented evidence-based restorative justice and trauma-responsive and culturally relevant practices and interventions. However, the use of these interventions on students is often isolated or is implemented occasionally and only if the school has the appropriate leadership, resources, and partners available to engage seriously in this work. It would be malpractice to deny our students access to these practices and interventions, especially in the aftermath of a once-in-a-century pandemic.
    (b) The Whole Child Task Force created by Public Act 101-654 is reestablished for the purpose of establishing an equitable, inclusive, safe, and supportive environment in all schools for every student in this State. The task force shall have all of the following goals, which means key steps have to be taken to ensure that every child in every school in this State has access to teachers, social workers, school leaders, support personnel, and others who have been trained in evidence-based interventions and restorative practices:
        (1) To create a common definition of a
    
trauma-responsive school, a trauma-responsive district, and a trauma-responsive community.
        (2) To outline the training and resources required to
    
create and sustain a system of support for trauma-responsive schools, districts, and communities and to identify this State's role in that work, including recommendations concerning options for redirecting resources from school resource officers to classroom-based support.
        (3) To identify or develop a process to conduct an
    
analysis of the organizations that provide training in restorative practices, implicit bias, anti-racism, and trauma-responsive systems, mental health services, and social and emotional services to schools.
        (4) To provide recommendations concerning the key
    
data to be collected and reported to ensure that this State has a full and accurate understanding of the progress toward ensuring that all schools, including programs and providers of care to pre-kindergarten children, employ restorative, anti-racist, and trauma-responsive strategies and practices. The data collected must include information relating to the availability of trauma responsive support structures in schools, as well as disciplinary practices employed on students in person or through other means, including during remote or blended learning. It should also include information on the use of and funding for school resource officers and other similar police personnel in school programs.
        (5) To recommend an implementation timeline,
    
including the key roles, responsibilities, and resources to advance this State toward a system in which every school, district, and community is progressing toward becoming trauma-responsive.
        (6) To seek input and feedback from stakeholders,
    
including parents, students, and educators, who reflect the diversity of this State.
        (7) To recommend legislation, policies, and practices
    
to prevent learning loss in students during periods of suspension and expulsion, including, but not limited to, remote instruction.
    (c) Members of the Whole Child Task Force shall be appointed by the State Superintendent of Education. Members of this task force must represent the diversity of this State and possess the expertise needed to perform the work required to meet the goals of the task force set forth under subsection (a). Members of the task force shall include all of the following:
        (1) One member of a statewide professional teachers'
    
organization.
        (2) One member of another statewide professional
    
teachers' organization.
        (3) One member who represents a school district
    
serving a community with a population of 500,000 or more.
        (4) One member of a statewide organization
    
representing social workers.
        (5) One member of an organization that has specific
    
expertise in trauma-responsive school practices and experience in supporting schools in developing trauma-responsive and restorative practices.
        (6) One member of another organization that has
    
specific expertise in trauma-responsive school practices and experience in supporting schools in developing trauma-responsive and restorative practices.
        (7) One member of a statewide organization that
    
represents school administrators.
        (8) One member of a statewide policy organization
    
that works to build a healthy public education system that prepares all students for a successful college, career, and civic life.
        (9) One member of a statewide organization that
    
brings teachers together to identify and address issues critical to student success.
        (10) One member of the General Assembly recommended
    
by the President of the Senate.
        (11) One member of the General Assembly recommended
    
by the Speaker of the House of Representatives.
        (12) One member of the General Assembly recommended
    
by the Minority Leader of the Senate.
        (13) One member of the General Assembly recommended
    
by the Minority Leader of the House of Representatives.
        (14) One member of a civil rights organization that
    
works actively on issues regarding student support.
        (15) One administrator from a school district that
    
has actively worked to develop a system of student support that uses a trauma-informed lens.
        (16) One educator from a school district that has
    
actively worked to develop a system of student support that uses a trauma-informed lens.
        (17) One member of a youth-led organization.
        (18) One member of an organization that has
    
demonstrated expertise in restorative practices.
        (19) One member of a coalition of mental health and
    
school practitioners who assist schools in developing and implementing trauma-informed and restorative strategies and systems.
        (20) One member of an organization whose mission is
    
to promote the safety, health, and economic success of children, youth, and families in this State.
        (21) One member who works or has worked as a
    
restorative justice coach or disciplinarian.
        (22) One member who works or has worked as a social
    
worker.
        (23) One member of the State Board of Education.
        (24) One member who represents a statewide
    
principals' organization.
        (25) One member who represents a statewide
    
organization of school boards.
        (26) One member who has expertise in pre-kindergarten
    
education.
        (27) One member who represents a school social worker
    
association.
        (28) One member who represents an organization that
    
represents school districts in the south suburbs of the City of Chicago.
        (29) One member who is a licensed clinical
    
psychologist who (i) has a doctor of philosophy in the field of clinical psychology and has an appointment at an independent free-standing children's hospital located in the City of Chicago, (ii) serves as an associate professor at a medical school located in the City of Chicago, and (iii) serves as the clinical director of a coalition of voluntary collaboration of organizations that are committed to applying a trauma lens to the member's efforts on behalf of families and children in the State.
        (30) One member who represents a school district in
    
the west suburbs of the City of Chicago.
        (31) One member from a governmental agency who has
    
expertise in child development and who is responsible for coordinating early childhood mental health programs and services.
        (32) One member who has significant expertise in
    
early childhood mental health and childhood trauma.
        (33) One member who represents an organization that
    
represents school districts in the collar counties around the City of Chicago.
        (34) One member who represents an organization
    
representing regional offices of education.
    (d) The Whole Child Task Force shall meet at the call of the State Superintendent of Education or his or her designee, who shall serve as the chairperson. The State Board of Education shall provide administrative and other support to the task force. Members of the task force shall serve without compensation.
    (e) The Whole Child Task Force shall reconvene by March 2027 to review progress on the recommendations in the March 2022 report submitted pursuant to Public Act 101-654 and shall submit a new report on its assessment of the State's progress and any additional recommendations to the General Assembly, the Illinois Legislative Black Caucus, the State Board of Education, and the Governor on or before December 31, 2027.
    (f) This Section is repealed on February 1, 2029.
(Source: P.A. 103-413, eff. 1-1-24.)
 
    (Text of Section from P.A. 103-472)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 22-95. Policy on discrimination, harassment, and retaliation; response procedures.
    (a) As used in this Section, "policy" means either the use of a singular policy or multiple policies.
    (b) Each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must create, implement, and maintain at least one written policy that prohibits discrimination and harassment based on race, color, and national origin and prohibits retaliation. The policy may be included as part of a broader anti-harassment or anti-discrimination policy, provided that the policy prohibiting discrimination and harassment based on race, color, and national origin and retaliation shall be distinguished with an appropriate title, heading, or label. This policy must comply with and be distributed in accordance with all of the following:
        (1) The policy must be in writing and must include at
    
a minimum, the following information:
            (A) descriptions of various forms of
        
discrimination and harassment based on race, color, and national origin, including examples;
            (B) the school district's, charter school's, or
        
nonpublic, nonsectarian elementary or secondary school's internal process for filing a complaint regarding a violation of the policy described in this subsection, or a reference to that process if described elsewhere in policy;
            (C) an overview of the school district's, charter
        
school's, or nonpublic, nonsectarian elementary or secondary school's prevention and response program pursuant to subsection (c);
            (D) potential remedies for a violation of the
        
policy described in this subsection;
            (E) a prohibition on retaliation for making a
        
complaint or participating in the complaint process;
            (F) the legal recourse available through the
        
Department of Human Rights and through federal agencies if a school district, charter school, or nonpublic, nonsectarian elementary or secondary school fails to take corrective action, or a reference to that process if described elsewhere in policy; and
            (G) directions on how to contact the Department
        
of Human Rights or a reference to those directions if described elsewhere in the policy.
    The policy shall make clear that the policy does not
    
impair or otherwise diminish the rights of unionized employees under federal law, State law, or a collective bargaining agreement to request an exclusive bargaining representative to be present during investigator interviews, nor does the policy diminish any rights available under the applicable negotiated collective bargaining agreement, including, but not limited to, the grievance procedure.
        (2) The policy described in this subsection shall be
    
posted in a prominent and accessible location and distributed in such a manner as to ensure notice of the policy to all employees. If the school district, charter school, or nonpublic, nonsectarian elementary or secondary school maintains an Internet website or has an employee Intranet, the website or Intranet shall be considered a prominent and accessible location for the purpose of this paragraph (2). Posting and distribution shall be effectuated by the beginning of the 2024-2025 school year and shall occur annually thereafter.
        (3) The policy described in this subsection shall be
    
published on the school district's, charter school's, or nonpublic, nonsectarian elementary or secondary school's Internet website, if one exists, and in a student handbook, if one exists. A summary of the policy in accessible, age-appropriate language shall be distributed annually to students and to the parents or guardians of minor students. School districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools shall provide a summary of the policy in the parent or guardian's native language. For the annual distribution of the summary, inclusion of the summary in a student handbook is deemed compliant.
    (c) Each school district, charter school, and nonpublic, nonsectarian elementary or secondary school must establish procedures for responding to complaints of discrimination and harassment based on race, color, and national origin and retaliation. These procedures must comply with subsection (b) of this Section. Based on these procedures, school districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools:
        (1) shall reduce or remove, to the extent
    
practicable, barriers to reporting discrimination, harassment, and retaliation;
        (2) shall permit any person who reports or is the
    
victim of an incident of alleged discrimination, harassment, or retaliation to be accompanied when making a report by a support individual of the person's choice who complies with the school district's, charter school's, or nonpublic, nonsectarian elementary or secondary school's policies or rules;
        (3) shall permit anonymous reporting, except that
    
this paragraph (3) may not be construed to permit formal disciplinary action solely on the basis of an anonymous report;
        (4) shall offer remedial interventions or take such
    
disciplinary action as may be appropriate on a case-by-case basis;
        (5) may offer, but not require or unduly influence, a
    
person who reports or is the victim of an incident of discrimination, harassment, or retaliation the option to resolve allegations directly with the offender; and
        (6) may not cause a person who reports or is the
    
victim of an incident of discrimination, harassment, or retaliation to suffer adverse consequences as a result of a report of, an investigation of, or a response to the incident; this protection may not permit victims to engage in retaliation against the offender or limit a school district, charter school, or nonpublic, nonsectarian elementary or secondary school from applying disciplinary measures in response to other acts or conduct not related to the process of reporting, investigating, or responding to a report of an incident of discrimination, harassment, or retaliation.
(Source: P.A. 103-472, eff. 8-1-24.)
 
    (Text of Section from P.A. 103-481)
    Sec. 22-95. Retirement and deferred compensation plans.
    (a) This Section applies only to school districts, other than a school district organized under Article 34, with a full-time licensed teacher population of 575 or more teachers that maintain a 457 plan. Every applicable school district shall make available to participants more than one financial institution or investment provider to provide services to the school district's 457 plan.
    (b) A financial institution or investment provider, by entering into a written agreement, may offer or provide services to a plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 if the written agreement is not combined with any other written agreement for the administration of the school district's 457 plan.
    Each school district that offers a 457 plan shall make available to participants, in the manner provided in subsection (d), more than one financial institution or investment provider that has not entered into a written agreement to provide administration services and that provides services to a 457 plan offered to school districts.
    (c) A financial institution or investment provider providing services for any plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 shall:
        (1) enter into an agreement with the school district
    
or the school district's independent compliance administrator that requires the financial institution or investment provider to provide, in an electronic format, all data necessary for the administration of the 457 plan, as determined by the school district or the school district's compliance administrator;
        (2) provide all data required by the school district
    
or the school district's compliance administrator to facilitate disclosure of all fees, charges, expenses, commissions, compensation, and payments to third parties related to investments offered under the 457 plan; and
        (3) cover all plan administration costs agreed to by
    
the school district relating to the administration of the 457 plan.
    (d) A school district that offers, establishes, or maintains a plan under Section 457 of the Internal Revenue Code of 1986, except for a plan established under Section 16-204 of the Illinois Pension Code, shall select more than one financial institution or investment provider, in addition to the financial institution or investment provider that has entered into a written agreement under subsection (b), to provide services to the 457 plan. A financial institution or investment provider shall be designated a 457 plan provider if the financial institution or investment provider enters into an agreement in accordance with subsection (c).
    (e) A school district shall have one year after the effective date of this amendatory Act of the 103rd General Assembly to find a 457 plan provider under this Section.
    (f) Nothing in this Section shall apply to or impact the optional defined contribution benefit established by the Teachers' Retirement System of the State of Illinois under Section 16-204 of the Illinois Pension Code. Notwithstanding the foregoing, the Teachers' Retirement System may elect to share plan data for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code with the school district, upon request by the school district, in order to facilitate school districts' compliance with this Section and Section 457 of the Internal Revenue Code of 1986. If a school district requests that the Teachers' Retirement System share plan information for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code, the Teachers' Retirement System may assess a fee on the applicable school district.
(Source: P.A. 103-481, eff. 1-1-24.)
 
    (Text of Section from P.A. 103-497)
    (Section scheduled to be repealed on December 31, 2031)
    Sec. 22-95. Rural Education Advisory Council.
    (a) The Rural Education Advisory Council is created as a statewide advisory council to exchange thoughtful dialogue concerning the needs, challenges, and opportunities of rural schools districts and to provide policy recommendations to the State. The Council shall perform all of the following functions:
        (1) Convey and impart the perspective of rural
    
communities and provide context during policy discussions on various statewide issues with the State Superintendent of Education.
        (2) Present to the State Superintendent of Education
    
the opportunity to speak directly with representatives of rural communities on various policy and legal issues, to present feedback on critical issues facing rural communities, to generate ideas, and to communicate information to the State Superintendent.
        (3) Provide feedback about this State's
    
pre-kindergarten through grade 12 practices and policies so that the application of policies in rural areas may be more fully understood.
    (b) The Council shall consist of all of the following members:
        (1) The State Superintendent of Education or his or
    
her designee.
        (2) One representative of an association representing
    
rural and small schools, appointed by the State Superintendent of Education.
        (3) Five superintendents of rural school districts
    
who represent 3 super-regions of this State and who are recommended by an association representing rural and small schools, appointed by the State Superintendent of Education.
        (4) One principal from a rural school district
    
recommended by a statewide organization representing school principals, appointed by the State Superintendent of Education.
        (5) One representative from a rural school district
    
recommended by a statewide organization representing school boards, appointed by the State Superintendent of Education.
        (6) One representative of a statewide organization
    
representing district superintendents, appointed by the State Superintendent of Education.
        (7) One representative of a statewide organization
    
representing regional superintendents of schools, appointed by the State Superintendent of Education.
        (8) One student who is at least 15 years old, who is
    
a member of the State Board of Education's Student Advisory Council, and who is from a rural school district, appointed by the State Superintendent of Education.
    Council members must reflect, as much as possible, the racial and ethnic diversity of this State.
    Council members shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board of Education for that purpose, subject to the rules of the appropriate travel control board.
    (c) The Council shall meet initially at the call of the State Superintendent of Education, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson.
    (d) The State Board of Education shall provide administrative and other support to the Council as needed.
    (e) The Council is dissolved and this Section is repealed on December 31, 2031.
(Source: P.A. 103-497, eff. 1-1-24.)

105 ILCS 5/22-96

    (105 ILCS 5/22-96)
    Sec. 22-96. Hiring or assigning priority.
    (a) When hiring or assigning physical education, music, and visual arts educators, a school district must prioritize the hiring or assigning of educators who hold an educator license and endorsement in the content area to be taught.
    (b) A licensed educator assigned to physical education, music, or visual arts who does not hold an endorsement in the content area to be taught must acquire short-term approval under Part 25 of Title 23 of the Illinois Administrative Code by the State Board of Education in the content area to be taught prior to his or her assignment or employment start date. If no short-term approval is available in the content area to be taught, the licensed educator shall meet equivalent criteria specified by the State Board of Education. In order to retain his or her employment for subsequent school years, the educator must acquire the full endorsement in the content area to be taught prior to the end of the validity period of the short-term approval.
    (c) In the case of a reduction in force, a school district may follow its employee contract language for filling positions.
    (d) Instead of holding the credentials specified in subsection (a) or (b) of this Section, an educator assigned to a position under this Section may meet any requirements set forth under Title 23 of the Illinois Administrative Code as applicable to the content area to be taught, except that subsection (b) of Section 1.710 of Title 23 of the Illinois Administrative Code does not apply to an educator assigned to a position under this subsection (d).
(Source: P.A. 103-46, eff. 1-1-24; 103-564, eff. 11-17-23.)

105 ILCS 5/Art. 23

 
    (105 ILCS 5/Art. 23 heading)
ARTICLE 23. SCHOOL BOARD ASSOCIATIONS

105 ILCS 5/23-1

    (105 ILCS 5/23-1) (from Ch. 122, par. 23-1)
    Sec. 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)
    Sec. 23-2. Boards 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)
    Sec. 23-3. Filing 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)
    Sec. 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)
    Sec. 23-5. Membership.
    Any such association shall admit to its membership any school board whose district lies wholly or in part within the area covered by the association.
(Source: Laws 1961, p. 31.)

105 ILCS 5/23-6

    (105 ILCS 5/23-6) (from Ch. 122, par. 23-6)
    Sec. 23-6. Annual report. 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)
    Sec. 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)
    Sec. 23-8. Powers and duties.
    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.)