Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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SCHOOLS105 ILCS 5/34-18.55
(105 ILCS 5/) School Code.
(105 ILCS 5/34-18.55)
Dual enrollment and dual credit notification.
The board shall require the district's high schools to inform all 11th and 12th grade students of dual enrollment and dual credit opportunities at public community colleges for qualified students.
(Source: P.A. 100-133, eff. 1-1-18; 100-863, eff. 8-14-18.)
105 ILCS 5/34-18.56
(105 ILCS 5/34-18.56)
Availability of feminine hygiene products.
(a) The General Assembly finds the following:
(1) Feminine hygiene products are a health care
necessity and not an item that can be foregone or substituted easily.
(2) Access to feminine hygiene products is a serious
and ongoing need in this State.
(3) When students do not have access to affordable
feminine hygiene products, they may miss multiple days of school every month.
(4) When students have access to quality feminine
hygiene products, they are able to continue with their daily lives with minimal interruption.
(b) In this Section:
"Feminine hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle.
"School building" means any facility (i) that is owned or leased by the school district or over which the board has care, custody, and control and (ii) in which there is a public school serving students in grades 6 through 12.
(c) The school district shall make feminine hygiene products available, at no cost to students, in the bathrooms of school buildings.
(Source: P.A. 100-163, eff. 1-1-18; 100-863, eff. 8-14-18.)
105 ILCS 5/34-18.57
(105 ILCS 5/34-18.57)
Booking stations on school grounds.
(a) There shall be no student booking station established or maintained on the grounds of any school.
(b) This prohibition shall be applied to student booking stations only, as defined in this Section. The prohibition does not prohibit or affect the establishment or maintenance of any place operated by or under the control of law enforcement personnel, school resource officers, or other security personnel that does not also qualify as a student booking station as defined in paragraph (2) of subsection (d) of this Section. The prohibition does not affect or limit the powers afforded law enforcement officers to perform their duties within schools as otherwise prescribed by law.
(c) When the underlying suspected or alleged criminal act is an act of violence, and isolation of a student or students is deemed necessary to the interest of public safety, and no other location is adequate for secure isolation of the student or students, offices as described in paragraph (1) of subsection (d) of this Section may be employed to detain students for a period no longer than that required to alleviate that threat to public safety.
(d) As used in this Section, "student booking station" means a building, office, room, or any indefinitely established space or site, mobile or fixed, which operates concurrently as:
(1) predominantly or regularly a place of operation
for a municipal police department, county sheriff department, or other law enforcement agency, or under the primary control thereof; and
(2) a site at which students are detained in
connection with criminal charges or allegations against those students, taken into custody, or engaged with law enforcement personnel in any process that creates a law enforcement record of that contact with law enforcement personnel or processes.
(Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.)
105 ILCS 5/34-18.58
(105 ILCS 5/34-18.58)
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
(105 ILCS 5/34-18.59)
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
(105 ILCS 5/34-18.60)
(Section scheduled to be repealed on July 1, 2023)
Short-term substitute teacher training.
(a) The board shall, in collaboration with its teachers or, if applicable, the exclusive bargaining representative of its teachers, jointly develop a short-term substitute teacher training program that provides individuals who hold a Short-Term Substitute Teaching License under Section 21B-20 of this Code with information on curriculum, classroom management techniques, school safety, and district and building operations. The State Board of Education may develop a model short-term substitute teacher training program for use by the board under this subsection (a) if the board and its teachers or, if applicable, the exclusive bargaining representative of its teachers agree to use the State Board's model. If the board has a substitute teacher training program in place before the effective date of this amendatory Act of the 100th General Assembly, it may utilize that program to satisfy the requirements of this subsection (a).
(b) Nothing in this Section prohibits the board from offering substitute training to substitute teachers licensed under paragraph (3) of Section 21B-20 of this Code or to substitute teachers holding a Professional Educator License.
(c) This Section is repealed on July 1, 2023.
(Source: P.A. 100-596, eff. 7-1-18.)
105 ILCS 5/34-18.61
(105 ILCS 5/34-18.61)
(Text of Section from P.A. 101-205)
(This Section may contain text from a Public Act with a delayed effective date
(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 Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, 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. 101-205, eff. 1-1-20.)
(Text of Section from P.A. 101-418)
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.)
(Text of Section from P.A. 101-451)
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.)
(Text of Section from P.A. 101-531)
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.)
(Text of Section from P.A. 101-548)
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
(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.)
105 ILCS 5/34-19
(105 ILCS 5/34-19)
(from Ch. 122, par. 34-19)
By-laws, rules and regulations; business transacted at
regular meetings; voting; records.
The board shall, subject to the limitations
in this Article, establish by-laws, rules and regulations, which shall have the
force of ordinances, for the proper maintenance of a uniform system of
discipline for both employees and pupils, and for the entire management of the
schools, and may fix the school age of pupils, the minimum of which in
kindergartens shall not be under 4 years, except that, based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain the age of 6 years on or before December 31 of the year of the 2009-2010 school term and each school term thereafter may attend first grade upon commencement of such term, and in grade schools shall not be
under 6 years. It may expel, suspend or, subject to the limitations of all
policies established or adopted under Section 10-22.6 or 14-8.05, otherwise discipline any
pupil found guilty of gross disobedience, misconduct, or other violation of the
by-laws, rules, and regulations, including gross disobedience or misconduct perpetuated by electronic means. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. The bylaws, rules and regulations of the board
shall be enacted, money shall be appropriated or expended, salaries shall be
fixed or changed, and textbooks, electronic textbooks, and courses of instruction shall be adopted or
changed only at the regular meetings of the board and by a vote of a
majority of the full membership of the board; provided that
notwithstanding any other provision of this Article or the School Code,
neither the board or any local school council may purchase any textbook for use in any public school of the
district from any textbook publisher that fails to furnish any computer
diskettes as required under Section 28-21. Funds appropriated for textbook purchases must be available for electronic textbook purchases and the technological equipment necessary to gain access to and use electronic textbooks at the local school council's discretion. The board shall be further
encouraged to provide opportunities for public hearing and testimony before
the adoption of bylaws, rules and regulations. Upon all propositions
requiring for their adoption at least a majority of all the members of the
board the yeas and nays shall be taken and reported. The by-laws, rules and
regulations of the board shall not be repealed, amended or added to, except
by a vote of 2/3 of the full membership of the board. The board shall keep
a record of all its proceedings. Such records and all
by-laws, rules and regulations, or parts thereof, may be proved by a copy
thereof certified to be such by the secretary of the board, but if they are
printed in book or pamphlet form which are purported to be published by
authority of the board they need not be otherwise published and the book or
pamphlet shall be received as evidence, without further proof, of the
records, by-laws, rules and regulations, or any part thereof, as of the
dates thereof as shown in such book or pamphlet, in all courts and places
where judicial proceedings are had.
Notwithstanding any other provision in this Article or in the School
Code, the board may delegate to the general superintendent or to the
attorney the authorities granted to the board in the School Code, provided
such delegation and appropriate oversight procedures are made pursuant to
board by-laws, rules and regulations, adopted as herein provided, except that
the board may not delegate its authorities and responsibilities regarding (1)
budget approval obligations; (2) rule-making functions; (3) desegregation
obligations; (4) real estate acquisition, sale or lease in excess of 10 years
as provided in Section 34-21; (5) the levy of taxes; or (6) any mandates
imposed upon the board by "An Act in relation to school reform in cities over
500,000, amending Acts herein named", approved December 12, 1988 (P.A.
(Source: P.A. 99-456, eff. 9-15-16
105 ILCS 5/34-19.1
(105 ILCS 5/34-19.1)
(from Ch. 122, par. 34-19.1)
Comment at meetings.
At each regular and special meeting
which is open to the public, members of the public and employees of the
district shall be afforded time, subject to reasonable constraints, to
comment to or ask questions of the board.
(Source: P.A. 84-1308.)
105 ILCS 5/34-19.2
(105 ILCS 5/34-19.2)
(from Ch. 122, par. 34-19.2)
To establish and maintain
a mailing list of the names and addresses of persons who each year request
inclusion thereon, and to mail to those persons copies of board agenda,
school budgets, audits, and within 10 days of each board meeting, a copy
of the approved meeting minutes. Annual subscription fees approximating
the costs of reproducing and mailing the materials may be charged to the
subscribers at the beginning of the subscription period.
(Source: P.A. 83-1362.)
105 ILCS 5/34-20
(105 ILCS 5/34-20)
(from Ch. 122, par. 34-20)
Acquisition of real estate-Condemnation proceedings-Title-Conveyances.
The board may acquire by purchase, condemnation or otherwise, real
estate for any school purposes. Condemnation proceedings shall be conducted
in the name of the city, in trust for the use of schools. The title to all
real estate held for the use and benefit of the schools shall be held in
the name of the city, in trust for the use of schools. All conveyances of
real estate shall be made to the city in trust for the use of schools.
(Source: Laws 1961, p. 31.)
105 ILCS 5/34-20.1
(105 ILCS 5/34-20.1)
(from Ch. 122, par. 34-20.1)
Limitation on use for school purposes.
any other provisions of this Article or this Act, no building or other
structure owned by the Board of Education, or by the City as trustee for
the use and benefit of the schools, which the
Chicago Park District has occupied, and which at any time prior
to such occupancy by the Chicago Park District was used as a public
school house or other public
school building of any attendance center within the school district, shall
at any time be again used by the Board as a public school house or other
public school building.
However, the Board of Education shall have the authority to make and
enter into a lease or other agreement with the Chicago Park District
providing for their joint use of a public school house or other public
school building of any attendance center if such facility contains more
than 10 classrooms. For purposes of this Section, "joint use" shall
include but not be limited to shared use by the Board and the Chicago Park
District during daytime hours.
(Source: P.A. 85-1146.)
105 ILCS 5/34-21
(105 ILCS 5/34-21)
(from Ch. 122, par. 34-21)
Rentals and leases - Sale of real estate - Engagement of
real estate broker - Indirect and participating ownership interest -
Conveyance, payment and disclosure.
(a) The board may:
(1) enter into leases as lessee of buildings, rooms
and grounds for the use of schools or for the purpose of school administration; or
(2) enter into leases as lessor of property held by a
city in trust for the use and benefit of schools for a term of not longer than 99 years from the date of the granting of the lease, but it shall not make or renew any lease for a term longer than 10 years nor alter the provisions of any lease whose unexpired term may exceed 10 years without the vote of 2/3 of the full membership of the board. The board may, in the case of such a lease, receive consideration in whole or in part in the form of an ownership interest in the entity leasing the property from the board, or in its assignee, or a participating interest in the revenues, profits or gains from the development, use, sublease or assignment of such property or interest therein; provided, however, that the board shall not make any further contribution to the capital of such entity. Furthermore, there shall be no diminution thereafter in the value of the board's interest in the entity or participating interest as a result of any subsequent capital contributions by any entity or other capital changes.
(b) The board may sell real estate, or interest therein, held by a city
in trust for the use and benefit of the schools subject to the provisions
of this Section and approval by the board ordered by a vote of not less
than 2/3 of its full membership, if the board determines (i) that such real
estate has become unnecessary, unsuitable or inconvenient for the use of
schools or for the purpose of school administration, (ii) that
such real estate has become inappropriate or
unprofitable for the purpose of deriving revenue to support the board's
authorized purposes, or (iii) that, in the reasonable judgment of the
board, a sale would constitute the best available use or disposition of
such real estate for the purpose of deriving revenue to support the board's
(1) Any sale of such real estate having a fair market
value of $25,000 or more shall be made in accordance with the following procedures:
(A) Notice of intended sale shall be published
once each week for 3 consecutive weeks in a daily or weekly newspaper published in the city.
(B) The first such notice shall be published not
less than 30 days before the day provided for the opening of bids with respect to the intended sale.
(C) The notice shall contain pertinent
information on the real estate available for sale, including the location of the real estate, a description of the property, the purpose for which it is used, any other terms for the sale of the real estate as determined by the board, and the dates on which bids will be opened, and on which bids will be considered, and the notice shall advertise for bids for such real estate. The notice may contain a minimum sale price.
(D) The board may:
(i) accept the highest responsible bid
determined to be in the best interest of the board; or
(ii) reject any and all bids; or
(iii) if there is more than one responsible
bid, negotiate separately with the 2 highest and best among such responsible bids and, upon tentative agreement with one or both bidders, one or both of such bids may be submitted to the board for acceptance of one or rejection of both. Such negotiations may not result in a diminution of the terms of the sale of the real estate and must result in an agreement which is, in the reasonable judgment of the board, equal to or higher in value than the highest responsible bid.
The board may receive consideration for the sale of
such real estate, in whole or in part, in the form of an ownership interest in the entity acquiring title to the property by such sale, or in its assignee, or a participating interest in the revenues, profits or gains from the development, use, sale, lease or assignment of such property or interest therein; provided, however, that the board shall not make any further contribution to the capital of such entity. The present value of the ownership or participating interest to be received by the board shall, in the reasonable judgement of the board, be at least as great as the value of the highest responsible cash bid for such property or the agreed cash price and terms of sale negotiated pursuant to this subsection, if any, whichever is higher. Furthermore, there shall be no diminution thereafter in the value of the board's interest in the entity or its participating interest in the property as a result of any subsequent capital contributions by any entity or other capital changes.
(2) Any sale of such real estate having a fair market
value of less than $25,000 may be negotiated and shall not require notice or competitive bids.
(3) Any sale of such real estate having a fair market
value of more than $25,000 which has been continuously leased by the same entity and used as a school attendance center for at least 10 years may be negotiated and shall not require notice or competitive bids.
(c) The board may engage the services of a licensed real estate broker
at a fair and reasonable commission in any case involving the sale or lease
of real estate when by resolution the board determines such services to
be in the best interest of the board; provided, however, that the commission
to be paid may not exceed in the case of sale 7% of the sale price, and in
the case of lease 7% of the first year's rent and 2% of the base rent of
each lease year thereafter not to exceed 4 years. The above stated maximum
ceilings on commissions may be raised by not less than a 3/4 vote of the
board's full membership. Payment of the commission shall be contingent
upon conveyance in accordance with the provisions of this Section and within
a reasonable period of time thereafter as determined by the board at the
time of the engagement of the real estate broker.
(d) (1) Conveyance of real estate held in trust by the city for the use
and benefit of schools shall be by action of the city council in its capacity
as trustee upon notice by the board pursuant to resolution that a sale of
real estate, or interest therein, has been made in accordance with the
provisions of this Section.
(2) Payment in consideration of a transfer of real estate, or interest
therein, may be accepted by the board in cash, a combination of cash and
securities or in another form described in subsections (a) or
(b) of this Section. In any case where an instrument is accepted as part
payment, the debt shall be adequately secured by mortgage, trust deed, or if by
contract by retention of title, on the property transferred and any such
security interest shall not be released until the debt is fully paid. Payments
made after the date of sale shall include interest on the outstanding balance
computed from the date of sale to the date of payment at rates to be determined
by the board.
(3) The board may not consummate any transaction involving the transfer
of real estate, or interest therein, provided for in this Section in which
there may be an undisclosed principal. Any conveyance of title or other
interest in real estate in violation hereof shall be void and any consideration
received by the board prior to the discovery of such violation shall be
retained as liquidated damages.
(Source: P.A. 87-1168.)
105 ILCS 5/34-21.1
(105 ILCS 5/34-21.1)
(from Ch. 122, par. 34-21.1)
In addition to other powers and
authority now possessed by it, the board shall have power:
(1) To lease from any public building commission
created pursuant to the provisions of the Public Building Commission Act, approved July 5, 1955, as heretofore or hereafter amended or from any individuals, partnerships or corporations, any real or personal property for the purpose of securing space for its school purposes or office or other space for its administrative functions for a period of time not exceeding 40 years.
(2) To pay for the use of this leased property in
accordance with the terms of the lease and with the provisions of the Public Building Commission Act, approved July 5, 1955, as heretofore or hereafter amended.
(3) Such lease may be entered into without making a
previous appropriation for the expense thereby incurred; provided, however, that if the board undertakes to pay all or any part of the costs of operating and maintaining the property of a public building commission as authorized in subparagraph (4) of this Section, such expenses of operation and maintenance shall be included in the annual budget of such board annually during the term of such undertaking.
(4) In addition, the board may undertake, either in
the lease with a public building commission or by separate agreement or contract with a public building commission, to pay all or any part of the costs of maintaining and operating the property of a public building commission for any period of time not exceeding 40 years.
(5) To enter into agreements, including lease and
lease purchase agreements having a term not longer than 40 years from the date on which such agreements are entered into, with private sector individuals, partnerships, or corporations for the construction of school buildings, school administrative offices, site development, and school support facilities. The board shall maintain exclusive possession of all schools, school administrative offices, and school facilities which it is occupying or acquiring pursuant to any such lease or lease purchase agreement, and in addition shall have and exercise complete control over the education program conducted at such schools, offices and facilities. The board's contribution under any such agreement shall be limited to the use of the real estate and existing improvements on a rental basis which shall be exempt from any form of leasehold tax or assessment, but the interests of the board may be subordinated to the interests of a mortgage holder or holders acquired as security for additional improvements made on the property.
(6) To make payments on a lease or lease purchase
agreement entered into pursuant to subparagraph (5) of this Section with an individual, partnership, or a corporation for school buildings, school administrative offices, and school support facilities constructed by such individual, partnership, or corporation.
(7) To purchase the interests of an individual,
partnership, or corporation pursuant to any lease or lease purchase agreement entered into by the board pursuant to subparagraph (5) of this Section, and to assume or retire any outstanding debt or obligation relating to such lease or lease purchase agreement for any school building, school administrative office, or school support facility.
(8) Subject to the provisions of subparagraph (9) of
this Section, to enter into agreements, including lease and lease purchase agreements, having a term not longer than 40 years from the date on which such agreements are entered into for the provision of school buildings and related property and facilities for an agricultural science school. The enrollment in such school shall be limited to 720 students, and no less than 50% of the total number of enrollment positions in each incoming class must be reserved for students who live within proximity to the school. "Proximity to the school" means all areas within the existing city limits of Chicago located south of 87th Street (8700 South) and west of Wood Street (1800 West). In addition to the other authorizations in this paragraph (8), a maximum of 80 additional students may be enrolled in the agricultural science school's significantly modified curriculum for diverse learners, commonly known as the special education cluster program. Under such agreements the board shall have exclusive possession of all such school buildings and related property and facilities which it is occupying or acquiring pursuant to any such agreements, and in addition shall have and exercise complete control over the educational program conducted at such school. Under such agreements the board also may lease to another party to such agreement real estate and existing improvements which are appropriate and available for use as part of the necessary school buildings and related property and facilities for an agricultural science school. Any interest created by such a lease shall be exempt from any form of leasehold tax or assessment, and the interests of the board as owner or lessor of property covered by such a lease may be subordinated to the interests of a mortgage holder or holders acquired as security for additional improvements made on the property. In addition, but subject to the provisions of subparagraph (9) of this Section, the board is authorized: (i) to pay for the use of school buildings and related property and facilities for an agricultural science school as provided for in an agreement entered into pursuant to this subparagraph (8) and to enter into any such agreement without making a previous appropriation for the expense thereby incurred; and (ii) to enter into agreements to purchase any ownership interests in any school buildings and related property and facilities subject to any agreement entered into by the board pursuant to this subparagraph (8) and to assume or retire any outstanding debt or obligation relating to such school buildings and related property and facilities.
(9) Notwithstanding the provisions of subparagraph
(8) of this Section or any other law, the board shall not at any time on or after the effective date of this amendatory Act of 1991 enter into any new lease or lease purchase agreement, or amend or modify any existing lease, lease purchase or other agreement entered into pursuant to subparagraph (8), covering all or any part of the property or facilities, consisting of 78.85 acres more or less, heretofore purchased or otherwise acquired by the board for an agricultural science school; nor shall the board enter into any agreement on or after the effective date of this amendatory Act of 1991 to sell, lease, transfer or otherwise convey all or any part of the property so purchased or acquired, nor any of the school buildings or related facilities thereon, but the same shall be held, used, occupied and maintained by the board solely for the purpose of conducting and operating an agricultural science school. The board shall not, on or after the effective date of this amendatory Act of 1991, enter into any contracts or agreements for the construction, alteration or modification of any new or existing school buildings or related facilities or structural improvements on any part of the 78.85 acres purchased or otherwise acquired by the board for agricultural science school purposes, excepting only those contracts or agreements that are entered into by the board for the construction, alteration or modification of such school buildings, related facilities or structural improvements that on the effective date of this amendatory Act of 1991 are either located upon, under construction upon or scheduled under existing plans and specifications to be constructed upon a parcel of land, consisting of 17.45 acres more or less and measuring approximately 880 feet along its northerly and southerly boundaries and 864 feet along its easterly and westerly boundaries, located in the northeast part of the 78.85 acres. Nothing in this subparagraph (9) shall be deemed or construed to alter, modify, impair or otherwise affect the terms and provisions of, nor the rights and obligations of the parties under any agreement or contract made and entered into by the board prior to the effective date of this amendatory Act (i) for the acquisition, lease or lease purchase of, or for the construction, alteration or modification of any school buildings, related facilities or structural improvements upon all or any part of the 78.85 acres purchased or acquired by the board for agricultural science school purposes, or (ii) for the lease by the board of an irregularly shaped parcel, consisting of 23.19 acres more or less, of that 78.85 acres for park board purposes.
(Source: P.A. 100-399, eff. 1-1-18
105 ILCS 5/34-21.2
(105 ILCS 5/34-21.2)
(from Ch. 122, par. 34-21.2)
The board shall take control and management of all public playgrounds
owned or acquired by the city which are adjacent to or connected with
any public school in the city and may equip, maintain and operate
for the moral, intellectual and physical welfare of the children and
persons using them. The title to all lands occupied as such playgrounds
shall vest in and be held by such city in trust for the use of schools.
Nothing herein shall prevent the city from owning and operating parks,
bathing beaches, municipal piers and athletic fields as provided by law.
(Source: P.A. 89-15, eff. 5-30-95.)
105 ILCS 5/34-21.3
(105 ILCS 5/34-21.3)
(from Ch. 122, par. 34-21.3)
The board shall by record vote let all
contracts (other than those excepted
by Section 10-20.21 of The School Code) for supplies, materials,
work, and contracts with private carriers for transportation
of pupils, involving an expenditure in excess of $25,000 or a lower amount as required by board policy by competitive
bidding as provided in Section 10-20.21 of The School Code.
The board may delegate to the general superintendent of schools, by
resolution, the authority to approve contracts in amounts of $25,000 or
For a period of one year from and after the expiration or other termination
of his or her term of office as a member of the board: (i) the former board
member shall not be eligible for employment nor be employed by the board, a
local school council, an attendance center, or any other
subdivision or agent of the board or the school district governed by the board,
and (ii) neither the board nor the chief purchasing officer shall let or
authority to let any contract for
services, employment, or other work to the former board member or to any
partnership, association, sole proprietorship, or other entity other than
publicly traded companies from which the
former board member receives an annual income, dividends, or other compensation
in excess of $1,500. Any contract that is entered into by or under a
delegation of authority from the board or the chief purchasing officer shall
provision stating that
the contract is not legally binding on the board if entered into in violation
of the provisions of this paragraph.
In addition, the State Board of Education, in consultation with the board,
shall (i) review existing conflict of interest and disclosure laws or
regulations that are applicable to the executive officers and governing boards
of school districts organized under this Article and school districts
generally, (ii) determine what additional disclosure and conflict of interest
provisions would enhance the reputation and fiscal integrity of the board and
the procedure under which contracts for goods and services are let, and (iii)
develop appropriate reporting forms and procedures applicable to the executive
officers, governing board, and other officials of the school district.
(Source: P.A. 95-990, eff. 10-3-08.)
105 ILCS 5/34-21.4
(105 ILCS 5/34-21.4)
(Source: P.A. 81-1508. Repealed by P.A. 101-149, eff. 7-26-19.)
105 ILCS 5/34-21.5
(105 ILCS 5/34-21.5)
(Source: P.A. 81-1221. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/34-21.6
(105 ILCS 5/34-21.6)
(from Ch. 122, par. 34-21.6)
Waiver of fees.
(a) The board shall waive all fees assessed by the district
on children whose parents are unable to afford them, including but not limited
to children living in households that meet the free lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to verification as set forth in subsection (b) of this Section. The board shall develop written
policies and procedures implementing this Section in accordance with
regulations promulgated by the State Board of Education.
(b) If the board participates in a federally funded, school-based child nutrition program and uses a student's application for, eligibility for, or participation in the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving fees assessed by the district, then the board must follow the verification requirements of the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. 245.6a).
If the board establishes a process for the determination of eligibility for waiver of fees assessed by the district that is completely independent of a student's application for, eligibility for, or participation in a federally funded, school-based child nutrition program, the board may provide for fee waiver verification no more often than every 60 calendar days. Information obtained during the independent, fee waiver verification process indicating that the student does not meet free lunch or breakfast eligibility guidelines may be used to deny the waiver of the student's fees, provided that any information obtained through this independent process for determining or verifying eligibility for fee waivers shall not be used to determine or verify eligibility for any federally funded, school-based child nutrition program.
(Source: P.A. 96-360, eff. 9-1-09.)
105 ILCS 5/34-21.7
(105 ILCS 5/34-21.7)
Beginning July 1, 1994, all forms used by
school boards and school districts to collect information within racial
categories and all reports used to present information within racial categories
shall include a "Multiracial" category, if such information is collected and
reported for State or local purposes only.
(Source: P.A. 88-71; 88-670, eff. 12-2-94.)
105 ILCS 5/34-21.8
(105 ILCS 5/34-21.8)
Chicago public schools violence prevention hotline.
(a) In consultation with the Chicago Police Department, the Board must establish a hotline for the purpose of receiving anonymous phone calls for information that may prevent violence.
(b) Calls that are placed to the hotline must be answered by the Chicago Police Department.
(c) Each call placed to the hotline must be recorded and investigated by the Chicago Police Department.
(d) Prior to receiving any information, notice must be provided to the caller that the call is being recorded for investigation by the Chicago Police Department. The notice may be provided by a pre-recorded message or otherwise.
(e) The hotline shall be known as the "CPS Violence Prevention Hotline" and its number and anonymous nature must be posted in all Chicago Public Schools.
(Source: P.A. 96-1425, eff. 1-1-11.)
105 ILCS 5/prec. Sec. 34-22
(105 ILCS 5/prec. Sec. 34-22 heading)
BONDS AND TAX ANTICIPATION WARRANTS
105 ILCS 5/34-22
(105 ILCS 5/34-22)
(from Ch. 122, par. 34-22)
The board may erect, purchase or otherwise acquire
buildings suitable for school houses, for school administration, and for
deriving revenues from school lands, erect temporary school structures, erect
additions to, repair, rehabilitate and replace existing school buildings and
temporary school structures and may furnish and equip school buildings and
temporary school structures and may purchase or otherwise acquire and improve
sites therefor, the furnishing and equipping to include but not be limited to
furniture, libraries, apparatus, building and architectural supplies, fixtures
generally used in school buildings, including but not limited to heating and
ventilating systems, mechanical equipment, seats and desks, blackboards, window
shades and curtains, gymnasium and recreation apparatus and equipment,
auditorium and lunchroom equipment, and all items incidental thereto. The board
may use the proceeds of the sale of common school lands or any income from
investments of such proceeds in its treasury for any authorized purpose
and may deposit the proceeds into any district fund.
In erecting, purchasing or otherwise acquiring buildings for school
purposes, the board shall not do so in such a manner as to promote
segregation and separation of children in public schools because of
color, race or nationality.
(Source: P.A. 88-670, eff. 12-2-94.)