Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts
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SCHOOLS105 ILCS 5/27-23.5
(105 ILCS 5/) School Code.
(105 ILCS 5/27-23.5)
Organ/tissue and blood donor and transplantation programs.
school district that maintains grades 9 and 10 may include in its curriculum
and teach to the students of either such grade one unit of instruction on
organ/tissue and blood donor and transplantation programs. No student
shall be required
take or participate in instruction on
organ/tissue and blood donor and transplantation programs if a parent or
written objection thereto on constitutional grounds, and refusal to take or
participate in such instruction on those grounds shall not be reason for
suspension or expulsion of a student or result in any academic penalty.
The regional superintendent of schools in which a school district that
maintains grades 9 and 10 is located shall obtain and distribute to each
school that maintains grades 9 and 10 in his or her district
information and data, including
instructional materials provided at no cost by America's Blood Centers, the
Red Cross, and Gift of Hope,
that may be used by the
school in developing a unit of instruction under this Section.
school board shall determine the minimum amount of instructional time that
shall qualify as a unit of instruction satisfying the requirements of this
(Source: P.A. 95-331, eff. 8-21-07.)
105 ILCS 5/27-23.6
(105 ILCS 5/27-23.6)
(a) The General Assembly finds that there is a significant increase in
the schools and that much of that violence is the result of intergroup
General Assembly further finds that anti-bias education and intergroup conflict
are effective methods for preventing violence and lessening tensions in the
schools and that these methods are most effective when they are respectful of
individuals and their divergent viewpoints and religious beliefs, which
are protected by the First Amendment to the Constitution of the United States.
(b) Beginning with the 2002-2003 school year, public elementary and
schools may incorporate activities to address intergroup conflict, with the
improving intergroup relations on and beyond the school campus, defusing
tensions, and promoting peaceful resolution of conflict.
The activities must be respectful of individuals and their divergent
religious beliefs, which are protected by the First Amendment
to the Constitution of the United States.
Such activities may
include, but not be limited to,
instruction and teacher training programs.
(c) A school board that adopts a policy to incorporate activities to address
intergroup conflict as authorized under subsection (b) of this Section shall
make information available to the public
that describes the manner in which the board has implemented the
authority granted to it in this Section. The means for disseminating this
information (i) shall include posting the information on the school
district's Internet web site, if any, and making the information available,
upon request, in district offices, and (ii) may include without limitation
incorporating the information in a student handbook and including the
information in a district newsletter.
(Source: P.A. 92-763, eff. 8-6-02.)
105 ILCS 5/27-23.7
(105 ILCS 5/27-23.7)
(a) The General Assembly finds that a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with students' ability to learn and participate in school activities. The General Assembly further finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual violence. Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school districts and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district or non-public, non-sectarian elementary or secondary school personnel about what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from military service, association with a person or group with one or more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic is prohibited in all school districts and non-public, non-sectarian elementary and secondary schools.
No student shall be subjected to bullying:
(1) during any school-sponsored education program or
(2) while in school, on school property, on school
buses or other school vehicles, at designated school bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or activities; or
(3) through the transmission of information from a
school computer, a school computer network, or other similar electronic school equipment.
(b) In this Section:
"Bullying" means any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following:
(1) placing the student or students in reasonable
fear of harm to the student's or students' person or property;
(2) causing a substantially detrimental effect on the
student's or students' physical or mental health;
(3) substantially interfering with the student's or
students' academic performance; or
(4) substantially interfering with the student's or
students' ability to participate in or benefit from the services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take various forms, including without limitation one or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an act of bullying. This list is meant to be illustrative and non-exhaustive.
"School personnel" means persons employed by, on contract with, or who volunteer in a school district or non-public, non-sectarian elementary or secondary school, including without limitation school and school district administrators, teachers, school guidance counselors, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards.
(d) Each school district and non-public, non-sectarian elementary or secondary school shall create and maintain a policy on bullying, which policy must be filed with the State Board of Education. Each school district and non-public, non-sectarian elementary or secondary school must communicate its policy on bullying to its students and their parent or guardian on an annual basis. The policy must be updated every 2 years and filed with the State Board of Education after being updated. The State Board of Education shall monitor the implementation of policies created under this subsection (d).
(e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law.
Nothing in this Section is intended to infringe upon any right to exercise free expression or the free exercise of religion or religiously based views protected under the First Amendment to the United States Constitution or under Section 3 or 4 of Article 1 of the Illinois Constitution.
(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; 95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
105 ILCS 5/27-23.8
(105 ILCS 5/27-23.8)
Disability history and awareness.
(a) A school district shall provide instruction on disability history, people with disabilities, and the disability rights movement. Instruction may be included in those courses that the school district chooses. This instruction must be founded on the principle that all students, including students with disabilities, have the right to exercise self-determination. When possible, individuals with disabilities should be incorporated into the development and delivery of this instruction. This instruction may be supplemented by knowledgeable guest speakers from the disability community. A school board may collaborate with community-based organizations, such as centers for independent living, parent training and information centers, and other consumer-driven groups, and disability membership organizations in creating this instruction.
(b) The State Board of Education may prepare and make available to all school boards resource materials that may be used as guidelines for the development of instruction for disability history and awareness under this Section.
(c) Each school board shall determine the minimum amount of instructional time required under this Section.
(d) The regional superintendent of schools shall monitor a school district's compliance with this Section's curricular requirement during his or her annual compliance visit.
(Source: P.A. 96-191, eff. 1-1-10.)
105 ILCS 5/27-23.9
(105 ILCS 5/27-23.9)
(Source: P.A. 96-952, eff. 6-28-10. Repealed internally, eff. 3-2-11.)
105 ILCS 5/27-23.10
(105 ILCS 5/27-23.10)
Gang resistance education and training.
(a) The General Assembly finds that the instance of youth delinquent gangs continues to rise on a statewide basis. Given the higher rates of criminal offending among gang members, as well as the availability of increasingly lethal weapons, the level of criminal activity by gang members has taken on new importance for law enforcement agencies, schools, the community, and prevention efforts.
(b) As used in this Section:
"Gang resistance education and training" means and includes instruction in, without limitation, each of the following subject matters when accompanied by a stated objective of reducing gang activity and educating children in grades K through 12 about the consequences of gang involvement:
(1) conflict resolution;
(2) cultural sensitivity;
(3) personal goal setting; and
(4) resisting peer pressure.
(c) Each school district and non-public, non-sectarian elementary or secondary school in this State may make suitable provisions for instruction in gang resistance education and training in all grades and include that instruction in the courses of study regularly taught in those grades. For the purposes of gang resistance education and training, a school board or the governing body of a non-public, non-sectarian elementary or secondary school must collaborate with State and local law enforcement agencies. The State Board of Education may assist in the development of instructional materials and teacher training in relation to gang resistance education and training.
(Source: P.A. 96-952, eff. 6-28-10.)
105 ILCS 5/27-24
(105 ILCS 5/27-24)
(from Ch. 122, par. 27-24)
Sections 27-24 through 27-24.10 of this Article are known and may be
cited as the Driver Education Act.
(Source: P.A. 98-756, eff. 7-16-14.)
105 ILCS 5/27-24.1
(105 ILCS 5/27-24.1)
(from Ch. 122, par. 27-24.1)
As used in the Driver Education Act unless the context otherwise
"State Board" means the State Board of Education;
"Driver education course" and "course" means a course of instruction
in the use and operation of cars, including instruction in the safe
operation of cars and rules of the road and the laws of this State
relating to motor vehicles, which meets the minimum requirements of this
Act and the rules and regulations issued thereunder by the
State Board and has been approved by the State
Board as meeting
"Car" means a motor vehicle of the first Division as defined in The
Illinois Vehicle Code;
"Motorcycle" or "motor driven cycle" means such a vehicle as defined
in The Illinois Vehicle Code;
"Driver's license" means any license or permit issued by the
Secretary of State under Chapter 6 of The Illinois Vehicle Code.
With reference to persons, the singular number includes the plural
and vice versa, and the masculine gender includes the feminine.
(Source: P.A. 81-1508.)
105 ILCS 5/27-24.2
(105 ILCS 5/27-24.2)
(from Ch. 122, par. 27-24.2)
Safety education; driver education course.
Instruction shall be given in safety education in each of grades one though 8, equivalent to one class period each week, and any school district which maintains
grades 9 through 12 shall offer a driver education course in any such school
which it operates. Its curriculum shall include content dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, the rules adopted pursuant to those Chapters insofar as they pertain to the operation of motor vehicles, and the portions of the Litter Control Act relating to the operation of motor vehicles. The course of instruction given in grades 10 through 12 shall include an emphasis on the development of knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles, including motorcycles insofar as they can be taught in the classroom, and instruction on distracted driving as a major traffic safety issue. In addition, the course shall include instruction on special hazards existing at and required safety and driving precautions that must be observed at emergency situations, highway construction and maintenance zones, and railroad crossings and the approaches thereto. The course of instruction required of each eligible student at the high school level shall consist of a minimum of 30 clock hours of classroom instruction and a minimum of 6 clock hours of individual behind-the-wheel instruction in a dual control car on public roadways taught by a driver education instructor endorsed by the State Board of Education. Both the classroom instruction part and the practice driving
part of such driver education course shall be open to a resident or
non-resident student attending a non-public school in the district wherein the
course is offered. Each student attending any public or non-public high school
in the district must receive a passing grade in at least 8 courses during the
previous 2 semesters prior to enrolling in a driver education course, or the
student shall not be permitted to enroll in the course; provided that the local
superintendent of schools (with respect to a student attending a public high
school in the district) or chief school administrator (with respect to a
student attending a non-public high school in the district) may waive the
requirement if the superintendent or chief school administrator, as the case
may be, deems it to be in the best interest of the student. A student may be allowed to commence the
classroom instruction part of such driver education course prior to reaching
age 15 if such student then will be eligible to complete the entire course
within 12 months after being allowed to commence such classroom instruction.
Such a course may be commenced immediately after the completion of a prior
course. Teachers of such courses shall meet the certification requirements of
this Act and regulations of the State Board as to qualifications.
Subject to rules of the State Board of Education, the school district may charge a reasonable fee, not to exceed $50, to students who participate in the course, unless a student is unable to pay for such a course, in which event the fee for such a student must be waived. However, the district may increase this fee to an amount not to exceed $250 by school board resolution following a public hearing on the increase, which increased fee must be waived for students who participate in the course and are unable to pay for the course. The total amount from driver education fees and reimbursement from the State for driver education must not exceed the total cost of the driver education program in any year and must be deposited into the school district's driver education fund as a separate line item budget entry. All moneys deposited into the school district's driver education fund must be used solely for the funding of a high school driver education program approved by the State Board of Education that uses driver education instructors endorsed by the State Board of Education.
(Source: P.A. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11.)
105 ILCS 5/27-24.3
(105 ILCS 5/27-24.3)
(from Ch. 122, par. 27-24.3)
In order for the school district to receive reimbursement from the
State as hereinafter provided, the driver education course offered in
its schools shall consist of at least 30 clock hours of classroom
instruction and, subject to modification as hereinafter allowed, at
least 6 clock hours of practice driving in a car having dual operating
controls under direct individual instruction.
(Source: P.A. 95-310, eff. 7-1-08
105 ILCS 5/27-24.4
(105 ILCS 5/27-24.4)
(from Ch. 122, par. 27-24.4)
(a) Each school district shall be entitled
to reimbursement for each student who finishes either the classroom instruction
part or the practice driving part of a
driver education course that meets the minimum requirements of this Act.
Reimbursement under this Act is payable from
the Drivers Education Fund in the State treasury.
Each year all funds appropriated from the Drivers
Education Fund to the
State Board of Education, with the exception of those funds necessary for
administrative purposes of the State Board of Education, shall be distributed
in the manner provided in this paragraph to school districts by the State Board of Education for reimbursement of
claims from the previous school year. As soon as may be after each quarter of the year, if moneys are available in the Drivers
Education Fund in the State treasury for payments under this Section, the State Comptroller shall draw his or her warrants upon the State Treasurer as directed by the State Board of Education. The warrant for each quarter shall be in an amount equal to one-fourth of the total amount to be distributed to school districts for the year. Payments shall be made to school districts as soon as may be after receipt of the warrants.
The base reimbursement amount shall be calculated by the State Board by
dividing the total amount appropriated for distribution by the total of:
(a) the number of students who have completed the classroom instruction
part for whom valid claims have been made times 0.2; plus (b) the number
of students who have
completed the practice driving instruction part for whom valid claims have
been made times 0.8.
The amount of reimbursement to be distributed on each claim shall be 0.2
times the base reimbursement amount for each validly claimed student who
has completed the classroom instruction part, plus 0.8 times the base reimbursement
amount for each validly claimed student who has completed the practice driving
(b) The school district which is the residence of
a student who attends a nonpublic school in another district that has furnished the driver
education course shall reimburse the district offering the course, the
difference between the actual per capita cost of giving the course the
previous school year and the amount reimbursed by the State, which, for purposes of this subsection (b), shall be referred to as "course cost". If the course cost offered by the student's resident district is less than the course cost of the course in the district where the nonpublic school is located, then the student is responsible for paying the district that furnished the course the difference between the 2 amounts. If a nonpublic school student chooses to attend a driver's education course in a school district besides the district where the nonpublic school is located, then the student is wholly responsible for the course cost; however, the nonpublic school student may take the course in his or her resident district on the same basis as public school students who are enrolled in that district.
By April 1 the
nonpublic school shall notify the district offering the course of the
names and district numbers of the nonresident students desiring to take
such course the next school year. The district offering such course shall
notify the district of residence of those students affected by April 15.
The school district furnishing the course may claim the nonresident student
for the purpose of making a claim for State reimbursement under this Act.
(Source: P.A. 96-734, eff. 8-25-09; 97-1025, eff. 1-1-13.)
105 ILCS 5/27-24.5
(105 ILCS 5/27-24.5)
(from Ch. 122, par. 27-24.5)
Submission of claims.
The district shall report on forms prescribed
by the State Board, on an ongoing basis, a list of students by name, birth date
and sex, with the date
behind-the-wheel instruction or the classroom instruction or both were
and with the
status of the course completion.
The State shall not reimburse any district for any student
repeated any part of the course more than once or who did not meet the age
this Act during the period that the student was instructed
in any part of the drivers education course.
(Source: P.A. 96-734, eff. 8-25-09.)
105 ILCS 5/27-24.6
(105 ILCS 5/27-24.6)
(from Ch. 122, par. 27-24.6)
The school board shall require the teachers of drivers education courses
to keep daily attendance records for students attending such courses in the
same manner as is prescribed in Section 24-18 of this Act and such records
shall be used to prepare and certify claims made under the Driver Education
Act. Claims for reimbursement shall be made under oath or affirmation of
the chief school administrator for the district employed by the school
or authorized driver education personnel employed by the school board.
Whoever submits a false claim under the Driver Education Act or makes a
false record upon which a claim is based shall be fined in an amount equal
to the sum falsely claimed.
(Source: P.A. 96-734, eff. 8-25-09.)
105 ILCS 5/27-24.7
(105 ILCS 5/27-24.7)
(from Ch. 122, par. 27-24.7)
School code to apply.
The provisions of this Act not inconsistent with the provisions of the
Driver Education Act shall apply to the conduct of instruction offered by a
school district under the provisions of the Driver Education Act.
(Source: Laws 1961, p. 31.)
105 ILCS 5/27-24.8
(105 ILCS 5/27-24.8)
(from Ch. 122, par. 27-24.8)
Rules and regulations.
The State Board may promulgate rules and regulations not
inconsistent with the provisions of the Driver Education Act for the
administration of the Driver Education Act.
(Source: P.A. 81-1508.)
105 ILCS 5/27-24.9
(105 ILCS 5/27-24.9)
Driver education standards.
The State Board of Education, in consultation with the Secretary of State, shall adopt course content standards for driver education for those persons under the age of 18 years, which shall include the operation and equipment of motor vehicles.
(Source: P.A. 97-1025, eff. 1-1-13.)
105 ILCS 5/27-24.10
(105 ILCS 5/27-24.10)
The State Board of Education shall annually prepare a report to be posted on the State Board's Internet website that indicates the approximate per capita driver education cost for each school district required to provide driver education. This report, compiled each spring from data reported the previous school year, shall be computed from expenditure data for driver education submitted by school districts on the annual financial statements required pursuant to Section 3-15.1 of this Code and the number of students provided driver education for that school year, as required to be reported under Section 27-24.5 of this Code.
(Source: P.A. 97-1025, eff. 1-1-13.)
105 ILCS 5/prec. Sec. 27-25
(105 ILCS 5/prec. Sec. 27-25 heading)
NUCLEAR ENERGY EDUCATION ACT
(Source: Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25
(105 ILCS 5/27-25)
(Source: P.A. 76-1835. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.1
(105 ILCS 5/27-25.1)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.2
(105 ILCS 5/27-25.2)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.3
(105 ILCS 5/27-25.3)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.4
(105 ILCS 5/27-25.4)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-26
(105 ILCS 5/27-26)
(Source: P.A. 78-1245. Repealed by P.A. 94-600, eff. 8-16-05.)
105 ILCS 5/27-27
(105 ILCS 5/27-27)
(from Ch. 122, par. 27-27)
When school districts use a system of categorizing classes
of instruction by degree of difficulty and issues grades in accordance
therewith, identification of said system shall be reflected in the affected
students' class ranking and permanent records.
(Source: P.A. 81-707.)
105 ILCS 5/Art. 27A
(105 ILCS 5/Art. 27A heading)
105 ILCS 5/27A-1
(105 ILCS 5/27A-1)
Short title and application.
This Article may be cited as
the Charter Schools Law. This Article applies in all school districts,
including special charter districts and school districts located in cities
having a population of more than 500,000.
(Source: P.A. 89-450, eff. 4-10-96.)
105 ILCS 5/27A-2
(105 ILCS 5/27A-2)
(a) The General Assembly finds and declares as follows:
(1) Encouraging educational excellence is in the best
interests of the people of this State.
(2) There are educators, community members, and
parents in Illinois who can offer flexible and innovative educational techniques and programs, but who lack an avenue through which to provide them within the public school system.
(3) The enactment of legislation authorizing charter
schools to operate in Illinois will promote new options within the public school system and will provide pupils, educators, community members, and parents with the stimulus to strive for educational excellence.
(b) The General Assembly further finds and declares that this Article is
enacted for the following purposes:
(1) To improve pupil learning by creating schools
with high, rigorous standards for pupil performance.
(2) To increase learning opportunities for all
pupils, with special emphasis on expanded learning experiences for at-risk pupils, consistent, however, with an equal commitment to increase learning opportunities for all other groups of pupils in a manner that does not discriminate on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, marital status, or need for special education services.
(3) To encourage the use of teaching methods that may
be different in some respects than others regularly used in the public school system.
(4) To allow the development of new, different, or
alternative forms of measuring pupil learning and achievement.
(5) To create new professional opportunities for
teachers, including the opportunity to be responsible for the learning program at the school site.
(6) To provide parents and pupils with expanded
choices within the public school system.
(7) To encourage parental and community involvement
(8) To hold charter schools accountable for meeting
rigorous school content standards and to provide those schools with the opportunity to improve accountability.
(c) In authorizing charter schools, it is the intent of the General Assembly
to create a legitimate avenue for parents,
teachers, and community members to take responsible risks and create new,
innovative, and more flexible ways of educating children
within the public
school system. The General Assembly seeks to create opportunities within the
public school system of Illinois for development of
innovative and accountable
The provisions of this
Article should be interpreted liberally to support the findings and goals of
this Section and to advance a renewed commitment by the State of Illinois to
the mission, goals, and diversity of public education.
(Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
105 ILCS 5/27A-3
(105 ILCS 5/27A-3)
For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical, emotional,
socioeconomic, or cultural factors, is less likely to succeed in a conventional
"Authorizer" means an entity authorized under this Article to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee charter schools, and decide whether to renew, not renew, or revoke a charter.
"Commission" means the State Charter School Commission established under Section 27A-7.5 of this Code.
"Local school board" means the duly elected or appointed school board or
board of education of a public school district, including special charter
districts and school districts located in cities having a population of more
than 500,000, organized under the laws of this State.
"State Board" means the State Board of Education.
(Source: P.A. 97-152, eff. 7-20-11.)
105 ILCS 5/27A-4
(105 ILCS 5/27A-4)
(a) The General Assembly does not intend to alter or amend the provisions
of any court-ordered desegregation plan in effect for any school district. A
charter school shall be subject to all federal and State laws and
constitutional provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin, religion, ancestry,
marital status, or need for special education services.
(b) The total number of charter schools operating under this Article at any
one time shall not exceed 120. Not more than 70 charter
shall operate at any one time in any city having a population exceeding
500,000, with at least 5 charter schools devoted exclusively to students from low-performing or overcrowded schools operating at any one time in that city; and not more than 45
charter schools shall operate at any one time in the remainder of the State, with not
more than one charter school that
has been initiated by a board of education, or
by an intergovernmental agreement between or among boards of education,
operating at any one
time in the school district where the charter school is located. In addition to these charter schools, up to but no more than 5 charter schools devoted exclusively to re-enrolled high school dropouts and/or students 16 or 15 years old at risk of dropping out may operate at any one time in any city having a population exceeding 500,000. Notwithstanding any provision to the contrary in subsection (b) of Section 27A-5 of this Code, each such dropout charter may operate up to 15 campuses within the city. Any of these dropout charters may have a maximum of 1,875 enrollment seats, any one of the campuses of the dropout charter may have a maximum of 165 enrollment seats, and each campus of the dropout charter must be operated, through a contract or payroll, by the same legal entity as that for which the charter is approved and certified.
For purposes of implementing this Section, the State Board shall assign a
number to each charter submission it receives under Section 27A-6 for its
review and certification, based on the chronological order in which the
submission is received by it. The State Board shall promptly notify local
school boards when the maximum numbers of certified charter schools authorized
to operate have been reached.
(c) No charter shall be granted under this Article that would convert any
existing private, parochial, or non-public school to a charter school.
(d) Enrollment in a charter school shall be open to any pupil who resides
within the geographic boundaries of the area served by the local school board, provided that the board of education in a city having a population exceeding 500,000 may designate attendance boundaries for no more than one-third of the charter schools permitted in the city if the board of education determines that attendance boundaries are needed to relieve overcrowding or to better serve low-income and at-risk students. Students residing within an attendance boundary may be given priority for enrollment, but must not be required to attend the charter school.
(e) Nothing in this Article shall prevent 2 or more local school boards from
issuing a charter to a single shared charter school, provided that all of the
provisions of this Article are met as to those local school boards.
(f) No local school board shall require any employee of the school district
to be employed in a charter school.
(g) No local school board shall require any pupil residing within the
geographic boundary of its district to enroll in a charter school.
(h) If there are more eligible applicants for enrollment in a charter school
than there are spaces available, successful applicants shall be selected by
lottery. However, priority shall be given to siblings of pupils enrolled in
the charter school and to pupils who were enrolled in the charter school the
previous school year, unless expelled for cause, and priority may be given to pupils residing within the charter school's attendance boundary, if a boundary has been designated by the board of education in a city having a population exceeding 500,000. Dual enrollment at both a
charter school and a public school or non-public school shall not be allowed.
A pupil who is suspended or expelled from a charter school shall be deemed to
be suspended or expelled from the public schools of the school district in
which the pupil resides. Notwithstanding anything to the contrary in this subsection (h):
(1) any charter school with a mission exclusive to
educating high school dropouts may grant priority admission to students who are high school dropouts and/or students 16 or 15 years old at risk of dropping out and any charter school with a mission exclusive to educating students from low-performing or overcrowded schools may restrict admission to students who are from low-performing or overcrowded schools; "priority admission" for charter schools exclusively devoted to re-enrolled dropouts or students at risk of dropping out means a minimum of 90% of students enrolled shall be high school dropouts; and
(2) any charter school located in a school district
that contains all or part of a federal military base may set aside up to 33% of its current charter enrollment to students with parents assigned to the federal military base, with the remaining 67% subject to the general enrollment and lottery requirements of subsection (d) of this Section and this subsection (h); if a student with a parent assigned to the federal military base withdraws from the charter school during the course of a school year for reasons other than grade promotion, those students with parents assigned to the federal military base shall have preference in filling the vacancy.
(j) Notwithstanding any other provision of law to the contrary, a
school district in a city having a population exceeding 500,000 shall not
have a duty to collectively bargain with an exclusive representative of its
employees over decisions to grant or deny a charter school proposal
under Section 27A-8 of this Code, decisions to renew or revoke a charter
under Section 27A-9 of this Code, and the impact of these decisions,
provided that nothing in this Section shall have the effect of negating,
abrogating, replacing, reducing, diminishing, or limiting in any way
employee rights, guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, 14, and 15 of the Illinois Educational Labor Relations Act.
(k) In this Section:
"Low-performing school" means a public school in a school district organized under Article 34 of this Code that enrolls students in any of grades kindergarten through 8 and that is ranked within the lowest 10% of schools in that district in terms of the percentage of students meeting or exceeding standards on the Illinois Standards Achievement Test.
"Overcrowded school" means a public school in a school district organized under Article 34 of this Code that (i) enrolls students in any of grades kindergarten through 8, (ii) has a percentage of low-income students of 70% or more, as identified in the most recently available School Report Card published by the State Board of Education, and (iii) is determined by the Chicago Board of Education to be in the most severely overcrowded 5% of schools in the district. On or before November 1 of each year, the Chicago Board of Education shall file a report with the State Board of Education on which schools in the district meet the definition of "overcrowded school". "Students at risk of dropping out" means students 16 or 15 years old in a public school in a district organized under Article 34 of this Code that enrolls students in any grades 9-12 who have been absent at least 90 school attendance days of the previous 180 school attendance days.
(Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; 97-813, eff. 7-13-12; 98-474, eff. 8-16-13.)
105 ILCS 5/27A-5
(105 ILCS 5/27A-5)
Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
Beginning on the effective date of this amendatory Act of the 93rd General
Assembly, in all new
applications submitted to the State Board or a local school board to establish
school in a city having a population exceeding 500,000, operation of the
school shall be limited to one campus. The changes made to this Section by this
of the 93rd General
Assembly do not apply to charter schools existing or approved on or before the
effective date of this
(b-5) In this subsection (b-5), "virtual-schooling" means the teaching of courses through online methods with online instructors, rather than the instructor and student being at the same physical location. "Virtual-schooling" includes without limitation instruction provided by full-time, online virtual schools.
From April 1, 2013 through April 1, 2014, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect of virtual-schooling, including without limitation the effect on student performance, the costs associated with virtual-schooling, and issues with oversight. The report shall include policy recommendations for virtual-schooling.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act.
(d) A charter school shall comply with all applicable health and safety
requirements applicable to public schools under the laws of the State of
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. Annually, by December 1, every charter school must submit to the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, and
its charter. A charter
school is exempt from all other State laws and regulations in the School Code
schools and local school board policies, except the following:
(1) Sections 10-21.9 and 34-18.5 of the School Code
regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;
(2) Sections 24-24 and 34-84A of the School Code
regarding discipline of students;
(3) The Local Governmental and Governmental Employees
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;
(5) The Abused and Neglected Child Reporting Act;
(6) The Illinois School Student Records Act;
(7) Section 10-17a of the School Code regarding
(8) The P-20 Longitudinal Education Data System Act.
The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
after the effective date of this amendatory Act of the 93rd General
Assembly and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on the
effective date of this amendatory Act of the 93rd General Assembly and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.
(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
105 ILCS 5/27A-6
(105 ILCS 5/27A-6)
Contract contents; applicability of laws and regulations.
(a) A certified charter shall constitute a binding contract and agreement
the charter school and a local school board under the terms of which the local
school board authorizes the governing body of the charter school to operate the
school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article, the certified
not waive or release the charter school from the State goals, standards, and
assessments established pursuant to Section 2-3.64.
Beginning with the 2003-2004 school year, the certified charter for a charter
school operating in a city having a population exceeding 500,000 shall
require the charter school to administer any other nationally recognized
standardized tests to its students that the chartering entity administers to
students, and the results on such tests shall be included in the
chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a material revision to a
previously certified contract or a renewal shall be made with
the approval of both the local school board and the governing body of the
(c-5) The proposed contract shall include a provision on how both parties
will address minor violations of the contract.
(d) The proposed contract between the governing body of a proposed charter
school and the local school board as described in Section 27A-7 must be
submitted to and certified by the State Board before it can take effect. If
the State Board recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the modifications
must be consented to by both the governing body of
the charter school and the local school board, and resubmitted to the State
Board for its certification. If the proposed contract is resubmitted in a form
that is not consistent with this Article, the State
Board may refuse to certify the charter.
The State Board shall assign a number to each submission or resubmission in
chronological order of receipt, and shall determine whether the proposed
contract is consistent with the provisions of this Article. If the proposed
contract complies, the State Board shall so certify.
(e) No material revision to a previously certified contract or a renewal
shall be effective unless and until the State Board certifies that the revision
or renewal is consistent with the provisions of this Article.
(Source: P.A. 93-3, eff. 4-16-03.)
105 ILCS 5/27A-6.5
(105 ILCS 5/27A-6.5)
Charter school referendum.
(a) No charter shall go into effect under this Section that would convert any
existing private, parochial, or non-public school to a charter school or whose
proposal has not been
certified by the State Board.
(b) A local school board shall, whenever petitioned to do so by 5% or more
voters of a school district or districts identified in a charter school
proposal, order submitted to the voters thereof at a
election the question of whether a new charter school shall be established,
has been found by the Commission to be in compliance with the
provisions of this Article,
and the secretary shall certify the proposition to the proper election
for submission in accordance with the general election law. The proposition
shall be in
substantially the following form:
"FOR the establishment of (name of proposed charter
school) under charter school proposal (charter school proposal number).
AGAINST the establishment of (name of proposed
charter school) under charter school proposal (charter school proposal number)".
(c) Before circulating a petition to submit the question of whether to
establish a charter school to the voters under subsection (b) of this Section,
the governing body of a
that desires to establish a
school by referendum shall submit the charter school proposal to
in the form of a proposed contract to be entered into
between the Commission
and the governing body of the proposed charter school, together with written notice of the intent to have
a new charter school established by referendum.
The contract shall comply with the provisions of this Article.
If the Commission finds that the proposed contract complies with the
of this Article, it
local school board to notify the proper
election authorities that the question of whether to establish a new charter
shall be submitted for referendum.
(d) If the Commission finds that the proposal fails to comply with the
provisions of this Article, it shall provide
written explanation, detailing its reasons for refusal, to the local school
to the individuals or organizations submitting the proposal. The Commission shall also notify the local school board and the individuals or
organizations submitting the proposal that the proposal may be amended and
resubmitted under the same provisions required for an original submission.
(e) If a majority of the votes cast upon the proposition in each school
district designated in the charter school proposal is in favor of
a charter school, the local school board shall notify the State Board and the Commission of
the proposition in favor of establishing a charter school and the Commission
shall approve the charter within 7 days
the State Board of Elections has certified that a
of the votes cast upon the proposition is in favor of establishing a charter
school. The Commission shall be the chartering entity for charter
schools established by referendum under this Section.
(f) The State Board shall determine whether the charter proposal approved by the Commission is consistent with the provisions of this Article and, if the approved proposal complies, certify the proposal pursuant to this Article.
(Source: P.A. 98-739, eff. 7-16-14.)
105 ILCS 5/27A-7
(105 ILCS 5/27A-7)
(a) A proposal to establish a charter school shall be submitted to the
State Board and the local school board in the form of a proposed contract
into between the local school board and the governing body of a proposed
charter school. The
charter school proposal as submitted to the State Board shall include:
(1) The name of the proposed charter school, which
must include the words "Charter School".
(2) The age or grade range, areas of focus, minimum
and maximum numbers of pupils to be enrolled in the charter school, and any other admission criteria that would be legal if used by a school district.
(3) A description of and address for the physical
plant in which the charter school will be located; provided that nothing in the Article shall be deemed to justify delaying or withholding favorable action on or approval of a charter school proposal because the building or buildings in which the charter school is to be located have not been acquired or rented at the time a charter school proposal is submitted or approved or a charter school contract is entered into or submitted for certification or certified, so long as the proposal or submission identifies and names at least 2 sites that are potentially available as a charter school facility by the time the charter school is to open.
(4) The mission statement of the charter school,
which must be consistent with the General Assembly's declared purposes; provided that nothing in this Article shall be construed to require that, in order to receive favorable consideration and approval, a charter school proposal demonstrate unequivocally that the charter school will be able to meet each of those declared purposes, it being the intention of the Charter Schools Law that those purposes be recognized as goals that charter schools must aspire to attain.
(5) The goals, objectives, and pupil performance
standards to be achieved by the charter school.
(6) In the case of a proposal to establish a charter
school by converting an existing public school or attendance center to charter school status, evidence that the proposed formation of the charter school has received the approval of certified teachers, parents and guardians, and, if applicable, a local school council as provided in subsection (b) of Section 27A-8.
(7) A description of the charter school's educational
program, pupil performance standards, curriculum, school year, school days, and hours of operation.
(8) A description of the charter school's plan for
evaluating pupil performance, the types of assessments that will be used to measure pupil progress towards achievement of the school's pupil performance standards, the timeline for achievement of those standards, and the procedures for taking corrective action in the event that pupil performance at the charter school falls below those standards.
(9) Evidence that the terms of the charter as
proposed are economically sound for both the charter school and the school district, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, are to be conducted, and a plan for the displacement of pupils, teachers, and other employees who will not attend or be employed in the charter school.
(10) A description of the governance and operation of
the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school.
(11) An explanation of the relationship that will
exist between the charter school and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees and their recognized representative, if any. However, a bargaining unit of charter school employees shall be separate and distinct from any bargaining units formed from employees of a school district in which the charter school is located.
(12) An agreement between the parties regarding their
respective legal liability and applicable insurance coverage.
(13) A description of how the charter school plans to
meet the transportation needs of its pupils, and a plan for addressing the transportation needs of low-income and at-risk pupils.
(14) The proposed effective date and term of the
charter; provided that the first day of the first academic year and the first day of the fiscal year shall be no earlier than August 15 and no later than September 15 of a calendar year.
(15) Any other information reasonably required by the
State Board of Education.
(b) A proposal to establish a charter school may be initiated by individuals
or organizations that will have
majority representation on the board of directors or other governing body of
the corporation or other discrete legal entity that is to be established to
operate the proposed charter school, by a board of education or an
intergovernmental agreement between or among boards of education, or by the
board of directors or other
governing body of a discrete legal entity already existing or established to
operate the proposed
charter school. The individuals or organizations referred to in this
subsection may be school teachers, school administrators, local school
councils, colleges or
universities or their faculty
members, public community colleges or their instructors or other
representatives, corporations, or other entities or their
representatives. The proposal shall be
submitted to the local school board for consideration and, if
development of a proposed contract to be submitted to the State Board for
(c) The local school board may not without the consent of the governing body
of the charter school condition its approval of a charter school proposal on
acceptance of an agreement to operate under State laws and regulations and
local school board policies from which the charter school is otherwise exempted
under this Article.
(Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)