105 ILCS 5/ School Code.

(105 ILCS 5/34-18.58)

Sec. 34-18.58. School social worker. The board may employ school social workers who have graduated with a master's or higher degree in social work from an accredited graduate school of social work and have such additional qualifications as may be required by the State Board of Education and who hold a Professional Educator License with a school support personnel endorsement for school social work pursuant to Section 21B-25 of this Code. Only persons so licensed and endorsed may use the title "school social worker". A school social worker may provide individual and group services to the general student population and to students with disabilities pursuant to Article 14 of this Code and rules set forth in 23 Ill. Adm. Code 226, Special Education, adopted by the State Board of Education and may provide support and consultation to administrators, teachers, and other school personnel consistent with their professional qualifications and the provisions of this Code and other applicable laws. The school district may employ a sufficient number of school social workers to address the needs of their students and schools and may maintain the nationally recommended student-to-school social worker ratio of 250 to 1. A school social worker may not provide such services outside his or her employment to any student in the district or districts that employ the school social worker.

(Source: P.A. 100-356, eff. 8-25-17; 100-863, eff. 8-14-18.)

(105 ILCS 5/34-18.59)

Sec. 34-18.59. School-grown produce. The school district may serve students produce grown and harvested by students in school-owned facilities utilizing hydroponics or aeroponics or in school-owned or community gardens if the soil and compost in which the produce is grown meets the standards adopted in 35 Ill. Adm. Code 830.503, if applicable, and the produce is served in accordance with the standards adopted in 77 Ill. Adm. Code 750.

(Source: P.A. 100-505, eff. 6-1-18; 100-863, eff. 8-14-18.)

(105 ILCS 5/34-18.60)

Sec. 34-18.60. (Repealed).

(Source: P.A. 100-596, eff. 7-1-18. Repealed internally, eff. 7-1-23.)

(105 ILCS 5/34-18.61)

Sec. 34-18.61. Self-administration of medication.

(a) In this Section, "asthma action plan" has the meaning given to that term under Section 22-30.

(b) Notwithstanding any other provision of law, the school district must allow any student with an asthma action plan, an Individual Health Care Action Plan, an allergy emergency action plan, a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or a plan pursuant to the federal Individuals with Disabilities Education Act to self-administer any medication required under those plans if the student's parent or guardian provides the school district with (i) written permission for the student's self-administration of medication and (ii) written authorization from the student's physician, physician assistant, or advanced practice registered nurse for the student to self-administer the medication. A parent or guardian must also provide to the school district the prescription label for the medication, which must contain the name of the medication, the prescribed dosage, and the time or times at which or the circumstances under which the medication is to be administered. Information received by the school district under this subsection shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator.

(c) The school district must adopt an emergency action plan for a student who self-administers medication under subsection (b). The plan must include both of the following:

(1) A plan of action in the event a student is unable to self-administer medication.

(2) The situations in which a school must call 9-1-1.

(d) The school district and its employees and agents shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication by a student under subsection (b). The student's parent or guardian must sign a statement to this effect, which must acknowledge that the parent or guardian must indemnify and hold harmless the school district and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the self-administration of medication by a student.

(Source: P.A. 102-558, eff. 8-20-21; 103-175, eff. 6-30-23.)

(105 ILCS 5/34-18.62)

(Text of Section before amendment by P.A. 103-472)

Sec. 34-18.62. Policy on sexual harassment. The school district must create, maintain, and implement an age-appropriate policy on sexual harassment that must be posted on the school district's website and, if applicable, any other area where policies, rules, and standards of conduct are currently posted in each school and must also be included in the school district's student code of conduct handbook.

(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)

(Text of Section after amendment by P.A. 103-472)

Sec. 34-18.62. Policies on discrimination and harassment; prevention and response program.

(a) The school district must create, maintain, and implement an age-appropriate policy on sexual harassment that must be posted on the school district's website and, if applicable, any other area where policies, rules, and standards of conduct are currently posted in each school and must also be included in the school district's student code of conduct handbook.

(b) The school district must create, maintain, and implement a policy or policies prohibiting discrimination and harassment based on race, color, and national origin and prohibiting retaliation. Such policy or policies may be included as part of a broader anti-harassment or anti-discrimination policy provided they are distinguished with an appropriate title, heading, or label. The policy or policies adopted under this subsection (b) must comply with and be distributed in accordance with subsection (b) of Section 22-95 of this Code.

(c) The school district 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 (c) of Section 22-95 of this Code.

(Source: P.A. 102-558, eff. 8-20-21; 103-472, eff. 8-1-24.)

(105 ILCS 5/34-18.63)

Sec. 34-18.63. Class size reporting. No later than November 16, 2020, and annually thereafter, the school district must report to the State Board of Education information on the school district described under subsection (b) of Section 2-3.136a and must make that information available on its website.

(Source: P.A. 101-451, eff. 1-1-20; 102-558, eff. 8-20-21.)

(105 ILCS 5/34-18.64)

Sec. 34-18.64. Sexual abuse investigations at schools. Every 2 years, the school district must review all existing policies and procedures concerning sexual abuse investigations at schools to ensure consistency with Section 22-85.

(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.)

(105 ILCS 5/34-18.65)

Sec. 34-18.65. Door security locking means.

(a) In this Section, "door security locking means" means a door locking means intended for use by a trained school district employee in a school building for the purpose of preventing ingress through a door of the building.

(b) The school district may install a door security locking means on a door of a school building to prevent unwanted entry through the door if all of the following requirements are met:

(1) The door security locking means can be engaged without opening the door.

(2) The unlocking and unlatching of the door security locking means from the occupied side of the door can be accomplished without the use of a key or tool.

(3) The door security locking means complies with all applicable State and federal accessibility requirements.

(4) Locks, if remotely engaged, can be unlocked from the occupied side.

(5) The door security locking means is capable of being disengaged from the outside by school district employees, and school district employees may use a key or other credentials to unlock the door from the outside.

(6) The door security locking means does not modify the door-closing hardware, panic hardware, or fire exit hardware.

(7) Any bolts, stops, brackets, or pins employed by the door security locking means do not affect the fire rating of a fire door assembly.

(8) School district employees are trained in the engagement and release of the door security locking means, from within and outside the room, as part of the emergency response plan.

(9) For doors installed before July 1, 2019 only, the unlocking and unlatching of a door security locking means requires no more than 2 releasing operations. For doors installed on or after July 1, 2019, the unlocking and unlatching of a door security locking means requires no more than one releasing operation. If doors installed before July 1, 2019 are replaced on or after July 1, 2019, the unlocking and unlatching of a door security locking means on the replacement door requires no more than one releasing operation.

(10) The door security locking means is no more than 48 inches above the finished floor.

(11) The door security locking means otherwise complies with the school building code prepared by the State Board of Education under Section 2-3.12.

The school district may install a door security locking means that does not comply with paragraph (3) or (10) of this subsection if (i) the school district meets all other requirements under this subsection and (ii) prior to its installation, local law enforcement officials, the local fire department, and the board agree, in writing, to the installation and use of the door security locking means. The school district must keep the agreement on file and must, upon request, provide the agreement to the State Board of Education. The agreement must be included in the school district's filed school safety plan under the School Safety Drill Act.

(c) The school district must include the location of any door security locking means and must address the use of the locking and unlocking means from within and outside the room in its filed school safety plan under the School Safety Drill Act. Local law enforcement officials and the local fire department must be notified of the location of any door security locking means and how to disengage it. Any specific tool needed to disengage the door security locking means from the outside of the room must, upon request, be made available to local law enforcement officials and the local fire department.

(d) A door security locking means may be used only (i) by a school district employee trained under subsection (e), (ii) during an emergency that threatens the health and safety of students and employees or during an active shooter drill, and (iii) when local law enforcement officials and the local fire department have been notified of its installation prior to its use. The door security locking means must be engaged for a finite period of time in accordance with the school district's school safety plan adopted under the School Safety Drill Act.

(e) If the school district installs a door security locking means, it must conduct an in-service training program for school district employees on the proper use of the door security locking means. The school district shall keep a file verifying the employees who have completed the program and must, upon request, provide the file to the local fire department and local law enforcement agency.

(f) A door security locking means that requires 2 releasing operations must be discontinued from use when the door is replaced or is a part of new construction. Replacement and new construction door hardware must include mortise locks, compliant with the applicable building code, and must be lockable from the occupied side without opening the door. However, mortise locks are not required if panic hardware or fire exit hardware is required.

(Source: P.A. 101-548, eff. 8-23-19; 102-558, eff. 8-20-21.)

(105 ILCS 5/34-18.66)

Sec. 34-18.66. Remote and blended remote learning. This Section applies if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(1) If the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the State Superintendent of Education may declare a requirement to use remote learning days or blended remote learning days for the school district, multiple school districts, a region, or the entire State. During remote learning days, schools shall conduct instruction remotely. During blended remote learning days, schools may utilize hybrid models of in-person and remote instruction. Once declared, remote learning days or blended remote learning days shall be implemented in grades pre-kindergarten through 12 as days of attendance and shall be deemed pupil attendance days for calculation of the length of a school term under Section 10-19.

(2) For purposes of this Section, a remote learning day or blended remote learning day may be met through the district's implementation of an e-learning program under Section 10-20.56.

(3) If the district does not implement an e-learning program under Section 10-20.56, the district shall adopt a remote and blended remote learning day plan approved by the general superintendent of schools. The district may utilize remote and blended remote learning planning days, consecutively or in separate increments, to develop, review, or amend its remote and blended remote learning day plan or provide professional development to staff regarding remote education. Up to 5 remote and blended remote learning planning days may be deemed pupil attendance days for calculation of the length of a school term under Section 10-19.

(4) Each remote and blended remote learning day plan shall address the following:

(i) accessibility of the remote instruction to all students enrolled in the district;

(ii) if applicable, a requirement that the remote learning day and blended remote learning day activities reflect State learning standards;

(iii) a means for students to confer with an educator, as necessary;

(iv) the unique needs of students in special populations, including, but not limited to, students eligible for special education under Article 14, students who are English learners as defined in Section 14C-2, and students experiencing homelessness under the Education for Homeless Children Act, or vulnerable student populations;

(v) how the district will take attendance and monitor and verify each student's remote participation; and

(vi) transitions from remote learning to on-site learning upon the State Superintendent's declaration that remote learning days or blended remote learning days are no longer deemed necessary.

(5) The general superintendent of schools shall periodically review and amend the district's remote and blended remote learning day plan, as needed, to ensure the plan meets the needs of all students.

(6) Each remote and blended remote learning day plan shall be posted on the district's Internet website where other policies, rules, and standards of conduct are posted and shall be provided to students and faculty.

(7) This Section does not create any additional employee bargaining rights and does not remove any employee bargaining rights.

(8) Statutory and regulatory curricular mandates and offerings may be administered via the district's remote and blended remote learning day plan, except that the district may not offer individual behind-the-wheel instruction required by Section 27-24.2 via the district's remote and blended remote learning day plan. This Section does not relieve schools and the district from completing all statutory and regulatory curricular mandates and offerings.

(Source: P.A. 101-643, eff. 6-18-20.)

(105 ILCS 5/34-18.67)

Sec. 34-18.67. (Repealed).

(Source: P.A. 102-813, eff. 5-13-22. Repealed by P.A. 103-143, eff. 7-1-23.)