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Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.
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(105 ILCS 5/Art. 22 heading) ARTICLE 22.
GENERAL PROVISIONS--PENALTIES--LIABILITIES
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(105 ILCS 5/22-1) (from Ch. 122, par. 22-1)
Sec. 22-1.
Trustees and similar officers-No pecuniary compensation.
Trustees of schools, school directors or other school officers
performing like duties shall receive no pecuniary compensation.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-2) (from Ch. 122, par. 22-2)
Sec. 22-2.
Cost
of official bonds.
Every school district shall be subject to the provisions of "An Act
relating to the payment of the cost of corporate suretyship and indemnity
upon official bonds", approved June 7, 1897, as amended.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-3) (from Ch. 122, par. 22-3)
Sec. 22-3.
Enforcement of judgments - Service of process - Costs.
If judgment is obtained against any county board of school trustees,
trustees of schools or school board, the party entitled to the benefit
of the judgment may have enforcement thereof as
follows: the court in
which the judgment is entered or to which it may be removed by
transcript from the circuit court shall enter an order commanding the
directors, trustees and school treasurer to cause
the amount thereof with interest and costs to be paid to the party
entitled to the benefit of the judgment, out of any moneys of the
township or district unappropriated, or if there are no such moneys, out
of the first moneys applicable to the payment of the kind of services or
indebtedness for which the judgment is entered which shall be received
for the use of the township or district. The court may enforce
obedience to such order by body attachment or by mandamus,
requiring such
board to levy a tax for the payment of the judgment. All judicial
processes to enforce payment, shall be served either
on the president or the clerk of the board.
No official shall charge any costs in any action in which any school
officer, school corporation or any agent of any school fund, suing for
the recovery thereof, or any interest due thereon, is plaintiff, and is
unsuccessful in the action; nor in case the costs cannot be recovered from
the defendant by reason of his or her insolvency.
(Source: P.A. 83-346.)
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(105 ILCS 5/22-4)
Sec. 22-4. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/22-5) (from Ch. 122, par. 22-5)
Sec. 22-5.
Interest of officers or teachers in books, apparatus or
furniture.
No State, county, township, or district school officer or teacher
shall be interested in the sale, proceeds or profits of any book,
apparatus or furniture used or to be used in any school with which such
officer or teacher may be connected, except when the interest of the
teacher is based upon authorship or development of instructional
materials listed with the State Board of Education in compliance with
the provisions of Article 28 of this Act
and adopted for use by a school board subject to Section 10-20.8 of this
Act. Each teacher having an interest in instructional materials shall
file an annual statement so certifying with the secretary of the board
of the school district which employs him. Any such officer or teacher
who violates the provisions of this Section shall be guilty of a Class A
misdemeanor.
(Source: P.A. 81-1508.)
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(105 ILCS 5/22-6) (from Ch. 122, par. 22-6)
Sec. 22-6.
Conversion of funds by officers.
If any county superintendent, trustee of schools, township treasurer,
director or other person entrusted with the care, control, management or
disposition of any school, college, seminary or township fund for the use
of any county, township, district or school converts such funds, or any
part thereof, to his own use he shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-6.5)
Sec. 22-6.5.
False statement or material omission; Class A misdemeanor.
Any
person who applies for employment as a teacher, principal, superintendent, or
other certificated employee of a school board of any school district, including
a special charter district and a district organized under Article 34 of the
School Code, who willfully makes a false statement on his or her application
for
employment, material to his or her qualifications for employment, which he or
she does not believe to be true, shall be guilty of a Class A misdemeanor.
If a person's employment history or current or prior employers are required
to be furnished on an application for
employment, a person who makes a statement which he or she does not believe
to be true or who knowingly omits or fails to include any employment history or
employer required to be furnished on the application which is material to his
or her qualifications for employment shall be deemed to have made a false
statement on his or her application within the meaning of this Section.
Each application for employment for a certificated position used by a school
district shall state that failure to provide requested employment or employer
history which is material to the applicant's qualifications for employment or
the provision of statements which the applicant does not believe to be true may
be a Class A misdemeanor.
(Source: P.A. 88-102.)
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(105 ILCS 5/22-7) (from Ch. 122, par. 22-7)
Sec. 22-7.
Liability for loss of funds.
County superintendents, trustees of schools, township treasurers and
directors, or either of them, or any other officer having charge of school
funds or property, shall be pecuniarily responsible for all losses
sustained by any county or township fund by reason of any failure on his or
their part to perform the duties required of him or them by this Act or
by any rule authorized to be made by this
Act, and each of such officers shall be liable for any such loss sustained,
the amount of which may be recovered in a civil action brought in the circuit
court, at the suit of the State of Illinois, for the
use of the county, township or fund injured. The amount of the judgment
obtained in such suit shall, when collected, be paid to the proper officer
for the benefit of the county, township or fund injured.
(Source: P.A. 79-1366.)
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(105 ILCS 5/22-8) (from Ch. 122, par. 22-8)
Sec. 22-8.
Failure of officers to discharge duties.
If any county superintendent, trustee, director, or other officer
negligently or wilfully fails or refuses to make, furnish or communicate
statistics and information, or fails to discharge any other duties enjoined
upon him, at the time and in the manner required by this Act, he shall be
guilty of a petty offense and shall be liable to a fine of not less than
$25, to be recovered before any circuit court at the suit of any person on
complaint in the name of the People of the State of Illinois, and when
collected the fine shall be paid to the county superintendent of schools.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-9)
Sec. 22-9. (Repealed).
(Source: P.A. 77-2267. Repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/22-10) (from Ch. 122, par. 22-10)
Sec. 22-10.
Payments and grants in aid of church or sectarian purpose.
No county, city, town, township, school district or other public
corporation shall make any appropriation, or pay from any school fund
anything in aid of any church or sectarian purpose or to support or sustain
any school, academy, seminary, college, university or other literary or
scientific institution controlled by any church or sectarian denomination;
nor shall any grant or donation of money or other personal property be made
by any such corporation to any church or for any sectarian purpose. Any
officer or other person having under his charge or direction school funds
or property who perverts the same in the manner forbidden in this section
shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-11) (from Ch. 122, par. 22-11)
Sec. 22-11.
Exclusion of children on account of color.
Any school officer or other person who excludes or aids in excluding
from the public schools, on account of color, any child who is entitled to
the benefits of such school shall be guilty of a petty offense and shall be
fined not less than $5 nor more than $100.
(Source: P.A. 77-2267.)
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(105 ILCS 5/22-12) (from Ch. 122, par. 22-12)
Sec. 22-12.
Preventing or interfering with a child's attendance at school.
Whoever by threat, menace, or intimidation prevents any child
entitled to attend a public or nonpublic school in this State from
attending such
school or interferes with any such child's attendance at that school shall
be guilty of a Class A misdemeanor.
(Source: P.A. 92-96, eff. 1-1-02.)
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(105 ILCS 5/22-13) (from Ch. 122, par. 22-13)
Sec. 22-13.
Use
of Illinois mined coal.
School boards shall comply with the provisions of "An Act concerning the
use of Illinois mined coal in certain plants and institutions", filed July
13, 1937, as amended.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-14) (from Ch. 122, par. 22-14)
Sec. 22-14.
Scholastic records of discontinued districts.
If any school district is discontinued under this Act and is not made a
distinct part of another school district that makes arrangements to safely
keep all scholastic records of the former pupils of the discontinued
district, the last governing authorities of the discontinued district shall
turn over all scholastic records of its former pupils to the county
superintendent of schools of the county in which the school building of the
district is located; and such county superintendent of schools shall take
possession of and arrange for the safekeeping of such records for the
purpose of reference by said former pupils.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-15) (from Ch. 122, par. 22-15)
Sec. 22-15. Insurance on athletes.
(a) In this Section, "IHSA" means the Illinois High School Association. (b) A public school district maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with aggregate benefit limits of $3 million or 5 years, whichever occurs first, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event held away from the student's school) that results in medical expenses in excess of $50,000. These benefit limits are to be in excess of any and all other insurance, coverage or benefit, in whatever form or designation.
Any public school that requires students participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event
held away from the student's school) to be covered under an individual or group policy of accident and health insurance is exempt from the requirements of this Section. Non-public schools maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with aggregate benefit limits of $3 million or 5 years, whichever occurs first, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic tournaments sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic tournament as well as during a temporary stay at the location of an athletic tournament held away from the student's school) that results in medical expenses in excess of $50,000. These benefit limits are to be in excess of any and all other insurance, coverage or benefit, in whatever form or designation. Any non-public school that requires students participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event
held away from the student's school) to be covered under an individual or group policy of accident and health insurance is exempt from the requirements of this Section. (c) The IHSA has the exclusive authority to promulgate a plan of coverage necessary to ensure compliance with this Section. The IHSA shall provide a group policy providing the coverage necessary to comply with this Section. Public school districts and non-public schools may purchase the coverage necessary to comply with this Section by participating in the group policy. Alternatively, public school districts or non-public schools that do not participate in the group policy may obtain the coverage necessary to comply with this Section from other coverage providers, but must submit to the IHSA, 60 days before the coverage inception, a certificate of insurance from the coverage provider stating that the insurance provided by the coverage provider is in compliance with the plan of coverage approved by the IHSA. A public school district that manages schools located within a city of over 500,000 inhabitants may provide the catastrophic accident insurance coverage required by this Section through a program of self-insurance, and the public school district must submit to the IHSA, 60 days before coverage inception, proof that the program is in compliance with the plan of coverage. (d) A public school district maintaining grades kindergarten through 8 may provide
medical or hospital service, or both, through accident and health insurance
on a group or individual basis, or through non-profit hospital service
corporations or medical service plan corporations or both, for pupils of
the district in grades kindergarten through 8 injured while participating in any athletic activity under the
jurisdiction of or sponsored or controlled by the district or the
authorities of any school thereof. The cost of such insurance or of
subscriptions to such non-profit corporations, when paid from the funds of
the district, shall, to the extent such moneys are sufficient, be paid from
moneys derived from athletic activities. To the extent that moneys derived
from athletic activities are insufficient, such cost may be paid from the
educational fund of the district. Such insurance may be purchased from or such subscriptions may be taken
in only such companies or corporations as are authorized to do business in
Illinois.
(Source: P.A. 98-166, eff. 8-5-13.)
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(105 ILCS 5/22-16) (from Ch. 122, par. 22-16)
Sec. 22-16.
Acquisition of land outside school district.
Whenever, in the opinion of the corporate authority of any school
district, a lot or parcel of land situated not more than 2 miles outside
of said school district or in the case of a building project under
authority of Section 10-22.31b of this Act, within the boundaries of
the joint agreement area or within 2 miles of the boundaries of any school
district which is a party to the joint agreement, may be required for such
school purposes,
title to such lot or parcel of land may be acquired by such school
district by purchase or in the manner provided by law for the exercise
of the right of eminent domain.
(Source: P.A. 80-270.)
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(105 ILCS 5/22-17) (from Ch. 122, par. 22-17)
Sec. 22-17.
Leasing property from building commission.
In addition to other powers and authority now possessed by it, the
corporate authority of any school district, including any special charter
district, 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,
and as amended from time to time, any real or personal property for the
purpose of securing office or other space for its administrative or
educational 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
(3) To enter into such lease without making a previous appropriation or
provision in the budget for the expense thereby incurred.
(Source: P.A. 77-1351.)
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(105 ILCS 5/22-18) (from Ch. 122, par. 22-18)
Sec. 22-18.
Apportionment of assets in district without property.
Whenever there is no property within a school district subject to
taxation for ordinary operating purposes, the county clerk shall so notify
the trustees of the township or townships or county board of school
trustees wherein the school district is located who shall apportion the
assets of such district among the remaining school districts of such
township or townships in proportion to the last preceding apportionment
from the common school fund to such townships and shall notify the school
treasurer to note such apportionment in the proper account of each
district.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/22-19) (from Ch. 122, par. 22-19)
Sec. 22-19.
Upon the filing of a complaint with the State Board of Education,
executed in duplicate and subscribed with the names
and addresses of at least 50 residents of a school district or 10% of
the residents, whichever is less, alleging that any pupil
has been excluded from or segregated in any school on account of his or
her color, race, nationality, sex, religion or religious affiliation, or that
any employee of
or applicant for employment or assignment with any such school district
has been questioned concerning his or her color, race, nationality, sex,
religion or religious affiliation or subjected to discrimination by reason thereof,
by or on behalf of the school board of such district, the State Board of
Education shall promptly mail a copy of such complaint to
the secretary or clerk of such school board.
The State Board of Education
shall fix a date, not less than 20 nor more than 30 days from the date of
the filing of such complaint, for a hearing upon the allegations therein.
The State Board of Education may also fix a date for a hearing whenever
it has reason to believe that such discrimination may exist in any school
district. Reasonable notice of the time and place of such hearing shall
be mailed to the secretary or
clerk of the school board and to the first signatory
to such complaint.
The State Board of Education may designate an assistant to conduct such
hearing and receive testimony concerning the situation complained of. The
complainants may be represented at such hearing by one of their number or
by counsel. Each party shall have the privilege of cross examining witnesses.
The State Board of Education or the hearing officer appointed by it shall
have the power to subpoena witnesses, compel their attendance, and require
the production of
evidence relating to any relevant matter under this Act. Any circuit
court of this State, upon the application of the
State Board of Education or the hearing officer appointed by
it, may, in its or his or her discretion, compel the attendance of witnesses,
the production of books, papers, records or memoranda and the giving of
testimony before the State Board of Education or the hearing
officer appointed by it conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court. The State Board of Education or the
hearing officer appointed by it may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records or memoranda. All testimony shall be taken under oath
administered by the hearing officer, but the formal rules pertaining to
evidence in judicial proceedings shall not apply. The State Board of Education
shall provide a competent reporter to record
all testimony. Either party desiring a transcript of the hearing shall
pay for the cost of such transcript. A continuance may be granted
provided both parties agree. The hearing officer shall report a summary
of the testimony within 60 days after the hearing commences, unless a
continuance is granted, to the State Board of Education who
shall determine whether the allegations of the complaint are
substantially correct. If a continuance is granted, the summary of
testimony shall be reported to the State Board of Education
within 60 days after the hearing recommences. The State Board of Education
shall notify both parties of its decision within 30
days after it receives a summary of the testimony from the hearing
officer. If the State Board of Education determines that a violation exists,
it shall request the Attorney General to apply to the appropriate circuit
court for such injunctive or other relief as may be necessary to rectify the practice
complained of.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted
pursuant thereto shall apply to and govern all proceedings for the
judicial review of any final decision rendered by the State Board of Education
pursuant to this Section.
(Source: P.A. 84-126.)
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(105 ILCS 5/22-20) (from Ch. 122, par. 22-20)
Sec. 22-20.
All courts and law enforcement agencies of the State of
Illinois and its political subdivisions shall report to the principal of
any public school in this State whenever a child enrolled therein is
detained for proceedings under the Juvenile Court Act of 1987, as heretofore
and hereafter amended, or for any criminal offense, including illegal gang activity, or any violation of a
municipal or county ordinance. The report shall include the basis for
detaining the child, circumstances surrounding the events which led to the
child's detention, and status of proceedings. The report shall be updated as
appropriate to notify the principal of developments and the disposition of the
matter.
The information derived thereby shall be kept separate from and shall
not become a part of the official school record of such child and shall not
be a public record. Such information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation
of the child and to protect the safety of students and employees in the
school.
(Source: P.A. 97-1104, eff. 1-1-13; 98-59, eff. 1-1-14.)
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(105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
Sec. 22-21.
Elections-Use of school buildings.
(a) Every school board shall offer to the appropriate officer or board
having responsibility for providing polling places for elections the use of
any and all buildings under its jurisdiction for any and all elections to
be held, if so requested by such appropriate officer or board.
(b) Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building that is a public or private
school
and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private school building with 2 or more
floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private school building with 2 or more floors and the polling room is located
on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection.
Notwithstanding any other provision of this Code, the area on polling place
property beyond the campaign free zone,
whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are open on an election day.
(Source: P.A. 93-574, eff. 8-21-03.)
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(105 ILCS 5/22-22) (from Ch. 122, par. 22-22)
Sec. 22-22.
Secondary Education.
The term "secondary education"
means the curriculum offered by a school district or an attendance center
or centers serving grades 9 through 12 or grades 10 through 12.
(Source: P.A. 84-814.)
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(105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
Sec. 22-23.
Sprinkler systems.
(a) The provisions of this Section apply to the school board, board of
education, board of school directors, board of school inspectors or other
governing body of each school district in this State, including special
charter districts and districts organized under Article 34.
(b) As used in this Section, the term "school construction" means (1)
the construction of a new school building, or addition to an existing
building, within any period of 30 months, having 7,200 or more square feet, and (2) any alteration, as defined in 71 Illinois
Administrative Code, Section 400.210, within any period of 30 months,
affecting one or more areas of a school building
which cumulatively are equal to 50% or more of the square footage of the
school building.
(c) New areas or uses of buildings not required to be sprinklered under
this Section shall be protected with the installation of an automatic fire
detection system.
(d) Notwithstanding any other provisions of this Act, no school
construction shall be commenced in any school district on or after the
effective date of this amendatory Act of 1991 unless sprinkler systems are
required by, and are installed in accordance with
approved plans and specifications in the school building, addition or
project areas which constitute school construction as defined in subsection
(b). Plans and specifications shall comply with rules and regulations
established by the State Board of Education, and such rules and regulations
shall be consistent so far as practicable with nationally recognized
standards such as those established by the National Fire Protection
Association.
(Source: P.A. 90-566, eff. 1-2-98.)
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(105 ILCS 5/22-24) (from Ch. 122, par. 22-24)
Sec. 22-24.
IHSA Liaison.
To facilitate communication and coordination
between the General Assembly and the Illinois High School Association on
matters relative to the continuing development of interscholastic athletic
and activity participation among secondary school students in Illinois, the
Governor shall appoint, from the membership of the General Assembly,
liaison representatives to meet with the Board of Directors of the Illinois
High School Association at regular meetings of that Board. The Governor
shall appoint one member from each chamber of the General Assembly to serve
as a liaison representative and one member from each chamber to serve as the
liaison representative's alternate. The 2 liaison representatives shall not
be members of the same political party, nor shall a liaison representative's
alternate be a member of the same political party as the liaison
representative for whom he or she is an alternate. The terms of the liaison
representatives and alternate liaison representatives
appointed by the Governor shall be 2 years, commencing on the second
Wednesday of January in odd numbered years, except that the terms of the
liaison representatives and alternate liaison representatives initially
appointed by the Governor under this Section shall commence on the date of
their appointment and expire on the second Wednesday of January, 1993.
Vacancies shall be filled by appointment of the Governor for the unexpired
term, and the person appointed to fill a vacancy shall be a member of the
same chamber of the General Assembly and the same political party as his or
her predecessor in office. The liaison representatives, or their
alternates who meet with the Board of Directors of the Illinois High School
Association at any meetings of that Board which the liaison representatives
are unable to attend, shall communicate to the members of the General
Assembly information of importance to the cooperative relationship between
the Illinois High School Association and the General Assembly. It shall be
the responsibility of the Illinois High School Association to timely supply
to both liaison representatives and both alternates all agenda materials
and information that are customarily supplied by that Association to
the members of its Board of Directors for use in connection with the
meetings of that Board.
(Source: P.A. 87-239; 87-895.)
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(105 ILCS 5/22-25)
Sec. 22-25.
High School Quality Guarantees.
The school board of any
district that maintains grades 9-12, including special charter districts and
any district organized under Article 34, may enter into agreements that
guarantee the academic skills and performance of graduates of their high
schools in the workforce or in higher education. Any quality guarantee
agreements established shall be subject to such qualifications and restrictions
as the school board may determine.
(Source: P.A. 89-610, eff. 8-6-96.)
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(105 ILCS 5/22-26)
Sec. 22-26. (Repealed).
(Source: P.A. 91-491, eff. 8-13-99. Repealed internally, eff. 1-2-00; repealed by P.A. 94-1105, eff. 6-1-07.)
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(105 ILCS 5/22-27)
Sec. 22-27. World War II, Korean Conflict, and Vietnam Conflict veterans; service member killed in action; diplomas.
(a) Upon request, the school board of any district that maintains
grades 10 through 12 may award a diploma to any honorably discharged veteran
who:
(1) served in the armed forces of the United States | ||
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(2) resided within an area currently within the | ||
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(3) left high school before graduating in order to | ||
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(4) has not received a high school diploma.
(a-5) Upon request, the school board of a school district that maintains grades 10 through 12 may posthumously award a diploma to any service member who was killed in action while performing active military duty with the armed forces of the United States if all of the following criteria have been met: (1) He or she resided in an area currently within the | ||
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(2) He or she left high school before graduating to | ||
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(3) He or she did not receive a high school diploma. (b) The State Board of Education and the Department of Veterans' Affairs
may issue rules consistent with the provisions of this Section that are
necessary to implement this Section.
(Source: P.A. 101-131, eff. 7-26-19.)
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(105 ILCS 5/22-30) Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; supply of undesignated oxygen tanks; asthma episode emergency response protocol. (a) For the purpose of this Section only, the following terms shall have the meanings set forth below: "Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode. "Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty. "Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector. "Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask. "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration. "Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe". "School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing. "Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector. "Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector. "Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority. "Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress. "Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school. "Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school. (b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that: (1) the parents or guardians of the pupil provide to | ||
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(2) the parents or guardians of the pupil provide to | ||
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(A) the name and purpose of the epinephrine | ||
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(B) the prescribed dosage; and (C) the time or times at which or the special | ||
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The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator. (b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, allergy emergency action plan, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file. (b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, allergy emergency action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, allergy emergency action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress. (c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. (d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section. (e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. (e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity. (e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity. (e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity. (f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school shall maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose, unless there is a shortage of opioid antagonists, in which case the school district, public school, charter school, or nonpublic school shall make a reasonable effort to maintain a supply of an opioid antagonist. Unless the school district, public school, charter school, or nonpublic school is able to obtain opioid antagonists without a prescription, a health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act shall prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions. The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions. A school district that provides special educational facilities for children with disabilities under Section 14-4.01 of this Code may maintain a supply of undesignated oxygen tanks in any secure location that is accessible before, during, and after school where a person with developmental disabilities is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated oxygen tanks in the name of the school district that provides special educational facilities for children with disabilities under Section 14-4.01 of this Code to be maintained for use when necessary. Any supply of oxygen tanks shall be maintained in accordance with the manufacturer's instructions and with the local fire department's rules. (f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors. (f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known. (f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use. Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use. Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use. (g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel. Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel. (h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person. Training shall include, but is not limited to: (1) how to recognize signs and symptoms of an | ||
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(2) how to administer an epinephrine injector; and (3) a test demonstrating competency of the knowledge | ||
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Training may also include, but is not limited to: (A) a review of high-risk areas within a school and | ||
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(B) steps to take to prevent exposure to allergens; (C) emergency follow-up procedures, including the | ||
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(D) how to respond to a student with a known allergy, | ||
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(E) other criteria as determined in rules adopted | ||
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(F) any policy developed by the State Board of | ||
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In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website. (h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to: (1) how to recognize symptoms of an opioid overdose; (2) information on drug overdose prevention and | ||
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(3) how to perform rescue breathing and resuscitation; (4) how to respond to an emergency involving an | ||
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(5) opioid antagonist dosage and administration; (6) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(7) care for the overdose victim after administration | ||
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(8) a test demonstrating competency of the knowledge | ||
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(9) other criteria as determined in rules adopted | ||
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(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to: (1) how to recognize symptoms of respiratory distress | ||
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(2) how to respond to an emergency involving | ||
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(3) asthma medication dosage and administration; (4) the importance of calling 9-1-1 or, if 9-1-1 is | ||
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(5) a test demonstrating competency of the knowledge | ||
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(6) other criteria as determined in rules adopted | ||
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(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information: (1) age and type of person receiving epinephrine | ||
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(2) any previously known diagnosis of a severe | ||
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(3) trigger that precipitated allergic episode; (4) location where symptoms developed; (5) number of doses administered; (6) type of person administering epinephrine (school | ||
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(7) any other information required by the State Board. If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply. (i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information: (1) the age and type of person receiving the opioid | ||
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(2) the location where symptoms developed; (3) the type of person administering the opioid | ||
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(4) any other information required by the State | ||
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(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information: (1) the age and type of person receiving the asthma | ||
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(2) any previously known diagnosis of asthma for the | ||
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(3) the trigger that precipitated respiratory | ||
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(4) the location of where the symptoms developed; (5) the number of doses administered; (6) the type of person administering the asthma | ||
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(7) the outcome of the asthma medication | ||
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(8) any other information required by the State | ||
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(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan. (j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol. (j-15) (Blank). (j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly. (k) The State Board of Education may adopt rules necessary to implement this Section. (l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff. 1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542); 103-605, eff. 7-1-24.) |
(105 ILCS 5/22-33) Sec. 22-33. Medical cannabis. (a) This Section may be referred to as Ashley's Law. (a-5) In this Section: "Designated caregiver", "medical cannabis infused product", "qualifying patient", and "registered" have the meanings given to those terms under Section 10 of the Compassionate Use of Medical Cannabis Program Act. "Self-administration" means a student's discretionary use of his or her medical cannabis infused product. (b) Subject to the restrictions under subsections (c) through (g) of this Section, a school district, public school, charter school, or nonpublic school shall authorize a parent or guardian or any other individual registered with the Department of Public Health as a designated caregiver of a student who is a registered qualifying patient to administer a medical cannabis infused product to the student on the premises of the child's school or on the child's school bus if both the student (as a registered qualifying patient) and the parent or guardian or other individual (as a registered designated caregiver) have been issued registry identification cards under the Compassionate Use of Medical Cannabis Program Act. After administering the product, the parent or guardian or other individual shall remove the product from the school premises or the school bus. (b-5) Notwithstanding subsection (b) and subject to the restrictions under subsections (c) through (g), a school district, public school, charter school, or nonpublic school must allow a school nurse or school administrator to administer a medical cannabis infused product to a student who is a registered qualifying patient (i) while on school premises, (ii) while at a school-sponsored activity, or (iii) before or after normal school activities, including while the student is in before-school or after-school care on school-operated property or while the student is being transported on a school bus. A school district, public school, charter school, or nonpublic school may authorize the self-administration of a medical cannabis infused product by a student who is a registered qualifying patient if the self-administration takes place under the direct supervision of a school nurse or school administrator. Before allowing the administration of a medical cannabis infused product by a school nurse or school administrator or a student's self-administration of a medical cannabis infused product under the supervision of a school nurse or school administrator under this subsection, the parent or guardian of a student who is the registered qualifying patient must provide written authorization for its use, along with a copy of the registry identification card of the student (as a registered qualifying patient) and the parent or guardian (as a registered designated caregiver). The written authorization must specify the times at which or the special circumstances under which the medical cannabis infused product must be administered. The written authorization and a copy of the registry identification cards must be kept on file in the office of the school nurse. The authorization for a student to self-administer medical cannabis infused products is effective for the school year in which it is granted and must be renewed each subsequent school year upon fulfillment of the requirements of this Section. (b-10) Medical cannabis infused products that are to be administered under subsection (b-5) must be stored with the school nurse at all times in a manner consistent with storage of other student medication at the school and may be accessible only by the school nurse or a school administrator. (c) A parent or guardian or other individual may not administer a medical cannabis infused product under this Section in a manner that, in the opinion of the school district or school, would create a disruption to the school's educational environment or would cause exposure of the product to other students. (d) A school district or school may not discipline a student who is administered a medical cannabis infused product by a parent or guardian or other individual under this Section or who self-administers a medical cannabis infused product under the supervision of a school nurse or school administrator under this Section and may not deny the student's eligibility to attend school solely because the student requires the administration of the product. (e) Nothing in this Section requires a member of a school's staff to administer a medical cannabis infused product to a student. (f) A school district, public school, charter school, or nonpublic school may not authorize the use of a medical cannabis infused product under this Section if the school district or school would lose federal funding as a result of the authorization. (f-5) The State Board of Education, in consultation with the Department of Public Health, must develop a training curriculum for school nurses and school administrators on the administration of medical cannabis infused products. Prior to the administration of a medical cannabis infused product under subsection (b-5), a school nurse or school administrator must annually complete the training curriculum developed under this subsection and must submit to the school's administration proof of its completion. A school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and of the school nurses or school administrators who have completed the training. (g) A school district, public school, charter school, or nonpublic school shall adopt a policy to implement
this Section.
(Source: P.A. 101-363, eff. 8-9-19; 101-370, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-35)
Sec. 22-35. Sharing information on school lunch applicants;
consent. Before an entity shares with the Department of Healthcare and Family Services
information on an applicant for free or reduced-price lunches under
Section 2-3.131, 3-14.29, 10-28, or 34-18.26 of this Code or Section 10 of the
School
Breakfast and Lunch Program Act, that entity must obtain, in writing,
the consent of the applicant's parent or legal guardian.
The Department of Healthcare and Family Services may not seek any punitive action against
or withhold any benefit or subsidy from an applicant for a free or
reduced-price lunch due to the applicant's parent or legal guardian withholding
consent.
(Source: P.A. 95-331, eff. 8-21-07.)
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(105 ILCS 5/22-40) Sec. 22-40. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(105 ILCS 5/22-45) Sec. 22-45. Illinois P-20 Council. (a) The General Assembly finds that preparing Illinoisans for success in school and the workplace requires a continuum of quality education from preschool through graduate school. This State needs a framework to guide education policy and integrate education at every level. A statewide coordinating council to study and make recommendations concerning education at all levels can avoid fragmentation of policies, promote improved teaching and learning, and continue to cultivate and demonstrate strong accountability and efficiency. Establishing an Illinois P-20 Council will develop a statewide agenda that will move the State towards the common goals of improving academic achievement, increasing college access and success, improving use of existing data and measurements, developing improved accountability, fostering innovative approaches to education, promoting lifelong learning, easing the transition to college, and reducing remediation. A pre-kindergarten through grade 20 agenda will strengthen this State's economic competitiveness by producing a highly-skilled workforce. In addition, lifelong learning plans will enhance this State's ability to leverage funding. (b) There is created the Illinois P-20 Council. The Illinois P-20 Council shall include all of the following members: (1) The Governor or his or her designee, to serve as | ||
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(2) Four members of the General Assembly, one | ||
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(3) Six at-large members appointed by the Governor as | ||
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(A) one representative of civic leaders; (B) one representative of local government; (C) one representative of trade unions; (D) one representative of nonprofit organizations | ||
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(E) one representative of parents' organizations; | ||
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(F) one education research expert. (4) Five members appointed by statewide business | ||
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(5) Six members appointed by statewide professional | ||
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(6) Two members appointed by associations | ||
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(7) One member representing community colleges, | ||
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(8) One member representing 4-year independent | ||
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(9) One member representing public 4-year | ||
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(10) Ex-officio members as follows: (A) The State Superintendent of Education or his | ||
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(A-5) The Secretary of Early Childhood or the | ||
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(B) The Executive Director of the Board of Higher | ||
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(C) The Executive Director of the Illinois | ||
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(D) The Executive Director of the Illinois | ||
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(E) The Co-chairpersons of the Illinois Workforce | ||
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(F) The Director of Commerce and Economic | ||
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(G) The Chairperson of the Illinois Early | ||
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(H) The President of the Illinois Mathematics and | ||
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(I) The president of an association representing | ||
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Ex-officio members shall have no vote on the Illinois P-20 Council. Appointed members shall serve for staggered terms expiring on July 1 of the first, second, or third calendar year following their appointments or until their successors are appointed and have qualified. Staggered terms shall be determined by lot at the organizing meeting of the Illinois P-20 Council. Vacancies shall be filled in the same manner as original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred. (c) The Illinois P-20 Council shall be funded through State appropriations to support staff activities, research, data-collection, and dissemination. The Illinois P-20 Council shall be staffed by the Office of the Governor, in coordination with relevant State agencies, boards, and commissions. The Illinois Education Research Council shall provide research and coordinate research collection activities for the Illinois P-20 Council. (d) The Illinois P-20 Council shall have all of the following duties: (1) To make recommendations to do all of the | ||
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(A) Coordinate pre-kindergarten through grade 20 | ||
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(B) Coordinate and leverage strategies, actions, | ||
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(C) Better align the high school curriculum with | ||
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(D) Better align assessments across all levels of | ||
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(E) Reduce the need for students entering | ||
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(F) Smooth the transition from high school to | ||
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(G) Improve high school and college graduation | ||
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(H) Improve the rigor and relevance of academic | ||
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(I) Better align college and university teaching | ||
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(2) To advise the Governor, the General Assembly, the | ||
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(3) To articulate a framework for systemic | ||
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(4) To provide an estimated fiscal impact for | ||
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(5) To make recommendations for short-term and | ||
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(A) Closing the digital divide for all students, | ||
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(B) Evaluating the academic growth and | ||
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(C) Establishing a system for the collection and | ||
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(D) Providing students with resources and | ||
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(E) Providing students with resources and support | ||
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(F) Ensuring more time for students' academic, | ||
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(G) Strengthening the transition from secondary | ||
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(e) The chairperson of the Illinois P-20 Council may authorize the creation of working groups focusing on areas of interest to Illinois educational and workforce development, including without limitation the following areas: (1) Preparation, recruitment, and certification of | ||
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(2) Mentoring and induction of highly qualified | ||
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(3) The diversity of highly qualified teachers. (4) Funding for highly qualified teachers, including | ||
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(5) Highly effective administrators. (6) Illinois birth through age 3 education, | ||
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(7) The assessment, alignment, outreach, and network | ||
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(8) Alternative routes to college access. (9) Research data and accountability. (10) Community schools, community participation, and | ||
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(11) Tuition, financial aid, and other issues related | ||
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(12) Learning recovery in the wake of the COVID-19 | ||
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The chairperson of the Illinois P-20 Council may designate Council members to serve as working group chairpersons. Working groups may invite organizations and individuals representing pre-kindergarten through grade 20 interests to participate in discussions, data collection, and dissemination.(Source: P.A. 103-594, eff. 6-25-24.) |
(105 ILCS 5/22-50) Sec. 22-50. Twice-exceptional children; recommendations. The State Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children shall research and discuss best practices for addressing the needs of "twice-exceptional" children, those who are gifted and talented and have a disability. The Councils shall then jointly make recommendations to the State Board of Education with respect to the State Board of Education providing guidance and technical assistance to school districts in furthering improved educational outcomes for gifted and twice-exceptional children. Recommendations shall include strategies to
(i) educate teachers and other providers about the unique needs of this population, (ii) train teachers in target, research-based, identification and pedagogical methods, and (iii) establish guidelines for unique programming for twice-exceptional students.
(Source: P.A. 96-382, eff. 8-13-09; 96-1000, eff. 7-2-10.) |
(105 ILCS 5/22-55)
Sec. 22-55. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-355, eff. 1-1-12.)
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(105 ILCS 5/22-60) Sec. 22-60. Unfunded mandates prohibited. (a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required: (1) Any mandate in this Code enacted after the | ||
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(2) Any regulatory mandate promulgated by the State | ||
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(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received. Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive. The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results. If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request. (c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education, (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application, or (iii) any changes made to this Code by this amendatory Act of the 102nd General Assembly. (d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 102-466, eff. 7-1-25.) |
(105 ILCS 5/22-62) Sec. 22-62. School Code Mandate Reduction Council. (a) The School Code Mandate Reduction Council is created to evaluate and assess mandates in the School Code for the purposes of modifying, combining, or eliminating mandates that are outdated, duplicative, unnecessarily burdensome, or no longer necessary to providing an efficient system of high-quality public educational institutions and services. The Council may choose to focus on specific areas of mandates or specific articles and sections of the School Code as the Council sees fit for the purposes of mandate reduction. (b) Before January 1, 2027, members of the Council shall include all of the following: (1) Two members appointed by the President of the | ||
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(2) Two members appointed by the Minority Leader of | ||
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(3) Two members appointed by the Speaker of the House | ||
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(4) Two members appointed by the Minority Leader of | ||
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(5) Three representatives of a statewide professional | ||
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(6) Three representatives of a different statewide | ||
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(7) One representative of a teachers' association | ||
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(8) One representative of a statewide organization | ||
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(9) One representative of a statewide organization | ||
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(10) One representative of a statewide organization | ||
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(11) One representative of a statewide organization | ||
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(12) One representative of a statewide organization | ||
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(13) One representative of a statewide organization | ||
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(14) One representative of a statewide organization | ||
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(15) One representative of a statewide organization | ||
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(16) One representative of an organization | ||
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(17) One representative of the State Board of | ||
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(c) On and after January 1, 2027, members of the Council shall include all members listed in paragraphs (5) through (19) of subsection (b) of this Section along with the following members: (1) One member appointed by the President of the | ||
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(2) One member appointed by the Minority Leader of | ||
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(3) One member appointed by the Speaker of the House | ||
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(4) One member appointed by the Minority Leader of | ||
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(d) Members of the Council shall serve without compensation. (e) The State Board of Education shall provide administrative assistance and necessary staff support services. (f) The State Superintendent of Education shall convene the Council for an initial meeting and shall select one member as chairperson at that initial meeting. The Council shall meet no less than 4 times between October 1, 2025 and September 1, 2026. (g) No later than October 1, 2026, the Council shall file a report with the General Assembly. The report shall include all of the following: (1) A list of mandates recommended to be eliminated | ||
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(2) A list of mandates to be modified or combined | ||
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(h) In any year after 2026, the State Superintendent of Education may convene the Council if the State Superintendent of Education deems appropriate. Any organization that had representation on the Council in the most recent year the Council met may request that the State Superintendent of Education once again convene the Council. To convene the Council, the State Superintendent of Education shall send notice to the General Assembly and all organizations listed in subsection (b) of this Section. The notice must reference this Section and state the date that representatives of each participating organization shall be chosen and the date for the initial meeting of the Council for that year. The State Superintendent of Education shall convene the Council for an initial meeting and shall select one member as chairperson at that initial meeting. If the State Superintendent of Education convenes the Council in any given year, then the Council must issue a report to the General Assembly consistent with the requirements of subsection (g) of this Section by October 1 after the Council's last meeting.
(Source: P.A. 104-391, eff. 8-15-25.) |
(105 ILCS 5/22-65)
Sec. 22-65. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/22-70) Sec. 22-70. Enrollment information; children of military personnel. At the time of annual enrollment or at any time during the school year, a school district or a recognized non-public school, except for sectarian non-public schools, serving any of grades kindergarten through 12 shall provide, either on its standard enrollment form or on a separate form, the opportunity for the individual enrolling the student to voluntarily state whether the student has a parent or guardian who is a member of a branch of the armed forces of the United States and who is either deployed to active duty or expects to be deployed to active duty during the school year. Each school district and recognized non-public school shall report this enrollment information as aggregate data to the State Board of Education.
(Source: P.A. 97-505, eff. 8-23-11; 97-813, eff. 7-13-12.) |
(105 ILCS 5/22-75)
Sec. 22-75. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed by P.A. 99-30, eff. 7-10-15.)
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(105 ILCS 5/22-76) Sec. 22-76. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed internally, eff. 9-1-2013.) |
(105 ILCS 5/22-77) Sec. 22-77. (Repealed).
(Source: P.A. 98-861, eff. 8-5-14. Repealed internally, eff. 7-1-14.) |
(105 ILCS 5/22-80) Sec. 22-80. Student athletes; concussions and head injuries. (a) The General Assembly recognizes all of the following: (1) Concussions are one of the most commonly reported | ||
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(2) Concussions are a type of brain injury that can | ||
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(3) Continuing to play with a concussion or symptoms | ||
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(4) Student athletes who have sustained a concussion | ||
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(b) In this Section: "Athletic trainer" means an athletic trainer licensed under the Illinois Athletic Trainers Practice Act who is working under the supervision of a physician. "Coach" means any volunteer or employee of a school who is responsible for organizing and supervising students to teach them or train them in the fundamental skills of an interscholastic athletic activity. "Coach" refers to both head coaches and assistant coaches. "Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns and which may or may not involve a loss of consciousness. "Department" means the Department of Financial and Professional Regulation. "Game official" means a person who officiates at an interscholastic athletic activity, such as a referee or umpire, including, but not limited to, persons enrolled as game officials by the Illinois High School Association or Illinois Elementary School Association. "Interscholastic athletic activity" means any organized school-sponsored or school-sanctioned activity for students, generally outside of school instructional hours, under the direction of a coach, athletic director, or band leader, including, but not limited to, baseball, basketball, cheerleading, cross country track, fencing, field hockey, football, golf, gymnastics, ice hockey, lacrosse, marching band, rugby, soccer, skating, softball, swimming and diving, tennis, track (indoor and outdoor), ultimate Frisbee, volleyball, water polo, and wrestling. All interscholastic athletics are deemed to be interscholastic activities. "Licensed healthcare professional" means a person who has experience with concussion management and who is a nurse, a psychologist who holds a license under the Clinical Psychologist Licensing Act and specializes in the practice of neuropsychology, a physical therapist licensed under the Illinois Physical Therapy Act, an occupational therapist licensed under the Illinois Occupational Therapy Practice Act, a physician assistant, or an athletic trainer. "Nurse" means a person who is employed by or volunteers at a school and is licensed under the Nurse Practice Act as a registered nurse, practical nurse, or advanced practice registered nurse. "Physician" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987. "Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987. "School" means any public or private elementary or secondary school, including a charter school. "Student" means an adolescent or child enrolled in a school. (c) This Section applies to any interscholastic athletic activity, including practice and competition, sponsored or sanctioned by a school, the Illinois Elementary School Association, or the Illinois High School Association. This Section applies beginning with the 2016-2017 school year. (d) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall appoint or approve a concussion oversight team. Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to interscholastic athletics practice or competition following a force or impact believed to have caused a concussion. Each concussion oversight team shall also establish a return-to-learn protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to the classroom after that student is believed to have experienced a concussion, whether or not the concussion took place while the student was participating in an interscholastic athletic activity. Each concussion oversight team must include to the extent practicable at least one physician. If a school employs an athletic trainer, the athletic trainer must be a member of the school concussion oversight team to the extent practicable. If a school employs a nurse, the nurse must be a member of the school concussion oversight team to the extent practicable. At a minimum, a school shall appoint a person who is responsible for implementing and complying with the return-to-play and return-to-learn protocols adopted by the concussion oversight team. At a minimum, a concussion oversight team may be composed of only one person and this person need not be a licensed healthcare professional, but it may not be a coach. A school may appoint other licensed healthcare professionals to serve on the concussion oversight team. (e) A student may not participate in an interscholastic athletic activity for a school year until the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion. The form must be approved by the Illinois High School Association. (f) A student must be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition: (1) a coach; (2) a physician; (3) a game official; (4) an athletic trainer; (5) the student's parent or guardian or another | ||
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(6) the student; or (7) any other person deemed appropriate under the | ||
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(g) A student removed from an interscholastic athletics practice or competition under this Section may not be permitted to practice or compete again following the force or impact believed to have caused the concussion until: (1) the student has been evaluated, using established | ||
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(2) the student has successfully completed each | ||
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(3) the student has successfully completed each | ||
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(4) the treating physician, the athletic trainer, or | ||
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(5) the student and the student's parent or guardian | ||
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(A) have acknowledged that the student has | ||
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(B) have provided the treating physician's, | ||
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(C) have signed a consent form indicating that | ||
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(i) has been informed concerning and consents | ||
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(ii) understands the risks associated with | ||
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(iii) consents to the disclosure to | ||
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A coach of an interscholastic athletics team may not authorize a student's return to play or return to learn. The district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol and shall supervise the person responsible for compliance with the return-to-learn protocol. The person who has supervisory responsibilities under this paragraph may not be a coach of an interscholastic athletics team. (h)(1) The Illinois High School Association shall approve, for coaches, game officials, and non-licensed healthcare professionals, training courses that provide training in the subject matter of concussions, including evaluation, prevention, symptoms, risks, and long-term effects. The Association shall maintain an updated list of individuals and organizations authorized by the Association to provide the training. (2) The following persons must take a training course in accordance with paragraph (4) of this subsection (h) from an authorized training provider at least once every 2 years: (A) a coach of an interscholastic athletic activity; (B) a nurse, licensed healthcare professional, or | ||
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(C) a game official of an interscholastic athletic | ||
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(3) A physician who serves as a member of a concussion oversight team shall, to the greatest extent practicable, periodically take an appropriate continuing medical education course in the subject matter of concussions. (4) For purposes of paragraph (2) of this subsection (h): (A) a coach, game official, or non-licensed | ||
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(B) an athletic trainer must take a | ||
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(C) a nurse must take a concussion-related continuing | ||
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(D) a physical therapist must take a | ||
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(E) a psychologist must take a concussion-related | ||
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(F) an occupational therapist must take a | ||
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(G) a physician assistant must take a | ||
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(5) Each person described in paragraph (2) of this subsection (h) must submit proof of timely completion of an approved course in compliance with paragraph (4) of this subsection (h) to the district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school. (6) A physician, licensed healthcare professional, or non-licensed healthcare professional who is not in compliance with the training requirements under this subsection (h) may not serve on a concussion oversight team in any capacity. (7) A person required under this subsection (h) to take a training course in the subject of concussions must complete the training prior to serving on a concussion oversight team in any capacity. (i) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall develop a school-specific emergency action plan for interscholastic athletic activities to address the serious injuries and acute medical conditions in which the condition of the student may deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and a plan for emergency transport. This emergency action plan must be: (1) in writing; (2) reviewed by the concussion oversight team; (3) approved by the district superintendent or the | ||
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(4) distributed to all appropriate personnel; (5) posted conspicuously at all venues utilized by | ||
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(6) reviewed annually by all athletic trainers, first | ||
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(j) The State Board of Education shall adopt rules as necessary to administer this Section, including, but not limited to, rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.(Source: P.A. 104-391, eff. 8-15-25.) |
(105 ILCS 5/22-81) Sec. 22-81. Drug education and youth overdose prevention. By July 1, 2024, the State Board of Education and the Department of Human Services shall work in consultation with relevant stakeholders, including the Illinois Opioid Crisis Response Advisory Council, to develop and update substance use prevention and recovery resource materials for public elementary and secondary schools. A Substance Use Prevention and Recovery Instruction Resource Guide shall be made available on the State Board of Education's Internet website and shall be sent via electronic mail to all regional offices of education and school districts in this State. The Resource Guide shall provide guidance for school districts and educators regarding student instruction in the topics of substance use prevention and recovery at an age and developmentally appropriate level and shall be reviewed and updated appropriately based on new findings and trends as determined by the State Board of Education or the Department of Human Services. A school district's use of the Resource Guide shall be voluntary. All resources and recommendations within the Resource Guide shall align with the substance use prevention and recovery related topics within the Illinois Learning Standards for Physical Development and Health and the State of Illinois Opioid Action Plan. The Resource Guide shall, at a minimum, include all the following: (1) Age-appropriate, comprehensive, reality-based, | ||
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(2) Information about where to locate stories and | ||
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(3) Resources regarding how to make substance use | ||
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(4) Information on how school districts may involve | ||
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(5) Ways to create instructional programs that are | ||
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(6) Resources that reflect the prevention continuum | ||
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(7) Citations and references the most up-to-date | ||
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(8) Resources that reflect the importance of | ||
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(A) substance types, the substance use continuum, | ||
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(B) the history of drugs and health policy in | ||
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(C) risk mitigation and harm reduction, including | ||
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(D) addressing adverse childhood experiences, | ||
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(E) the social and health inequities among racial | ||
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(F) strategies and resources for coping with | ||
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Subject to appropriation, the Department of Human Services shall reimburse a grantee for any costs associated with facilitating a heroin and opioid overdose prevention instructional program for school districts seeking to provide instruction under this type of program. Each school district that seeks to participate in the program shall have the discretion to determine which grade levels the school district will instruct under the program. The program must use effective, research-proven, interactive teaching methods and technologies, and must provide students, parents, and school staff with scientific, social, and emotional learning content to help them understand the risk of drug use. Such learning content must specifically target the dangers of prescription pain medication and heroin abuse. The Department may contract with a health education organization to fulfill the requirements of the program.
(Source: P.A. 102-894, eff. 5-20-22; 103-399, eff. 7-28-23.) |
(105 ILCS 5/22-82) Sec. 22-82. Assessment reporting. (a) Before the 30th day of each school year, beginning with the 2016-2017 school year, every school district shall report, for each of its schools, all of the following to the State Board of Education, using a form developed by the State Board of Education: (1) Every reliable assessment that measures a certain | ||
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(2) The administration window for each of these | ||
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(3) Which entity is requiring the assessment (State, | ||
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(4) Which grade levels will be taking the assessment. (5) Which subsets of students, such as English | ||
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(6) An estimate of the average time it will take a | ||
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(7) If the results of the assessment are to be used | ||
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(b) The State Board of Education shall compile the information reported under subsection (a) of this Section for each school year and make that information available to the public. Each school shall also make that information publicly available to the parents and guardians of its students through the school district's Internet website or distribution in paper form. (c) The State Board of Education may adopt any rules necessary to carry out its responsibilities under this Section.
(Source: P.A. 99-590, eff. 7-22-16.) |
(105 ILCS 5/22-83) (Text of Section from P.A. 104-2) Sec. 22-83. Police training academy job training program. (a) In a county of 175,000 or more inhabitants, any school district with a high school may establish one or more partnerships with a local police department, county sheriff, or police training academy to establish a jobs training program for high school students. The school district shall establish its partnership or partnerships on behalf of all of the high schools in the district; no high school shall establish a partnership for this purpose separate from the school district's partnership under this Section. The jobs training program shall be open to all students, regardless of prior academic history. However, to encourage and maintain successful program participation and partnerships, the school districts and their partner agencies may impose specific program requirements. (b) The State Board of Education shall track participation and the success of students participating in the jobs training program established under this Section and annually publish a report on its website examining the program and its success. (c) Participating counties, school districts, and law enforcement partners may seek federal, State, and private funds to support the police training academy job training and scholarship programs established under Section 65.95 of the Higher Education Student Assistance Act and this Section. (Source: P.A. 104-2, eff. 6-16-25.) (Text of Section from P.A. 104-391) Sec. 22-83. Police training academy job training program. (a) In a county of 175,000 or more inhabitants, any school district with a high school may establish one or more partnerships with a local police department, county sheriff, or police training academy to establish a jobs training program for high school students. The school district shall establish its partnership or partnerships on behalf of all of the high schools in the district; no high school shall establish a partnership for this purpose separate from the school district's partnership under this Section. However, to encourage and maintain successful program participation and partnerships, the school districts and their partner agencies may impose specific program requirements. (b) (Blank).(Source: P.A. 104-391, eff. 8-15-25.) |
(105 ILCS 5/22-85) Sec. 22-85. Sexual abuse at schools. (a) The General Assembly finds that: (1) investigation of a child regarding an incident of | ||
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(2) it is desirable to prevent multiple interviews of | ||
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(3) it is important to recognize the role of | ||
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(b) In this Section: "Alleged incident of sexual abuse" is limited to an incident of sexual abuse of a child that is alleged to have been perpetrated by school personnel, including a school vendor or volunteer, that occurred (i) on school grounds or during a school activity or (ii) outside of school grounds or not during a school activity. "Appropriate law enforcement agency" means a law enforcement agency whose employees have been involved, in some capacity, with an investigation of a particular alleged incident of sexual abuse. (c) If a mandated reporter within a school has knowledge of an alleged incident of sexual abuse, the reporter must call the Department of Children and Family Services' hotline established under Section 7.6 of the Abused and Neglected Child Reporting Act immediately after obtaining the minimal information necessary to make a report, including the names of the affected parties and the allegations. The State Board of Education must make available materials detailing the information that is necessary to enable notification to the Department of Children and Family Services of an alleged incident of sexual abuse. Each school must ensure that mandated reporters review the State Board of Education's materials and materials developed by the Department of Children and Family Services and distributed in the school building under Section 7 of the Abused and Neglected Child Reporting Act at least once annually. (d) For schools in a county with an accredited Children's Advocacy Center, every alleged incident of sexual abuse that is reported to the Department of Children and Family Services' hotline or a law enforcement agency and is subsequently accepted for investigation must be referred by the entity that received the report to the local Children's Advocacy Center pursuant to that county's multidisciplinary team's protocol under the Children's Advocacy Center Act for investigating child sexual abuse allegations. (e) A county's local Children's Advocacy Center must, at a minimum, do both of the following regarding a referred case of an alleged incident of sexual abuse: (1) Coordinate the investigation of the alleged | ||
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(2) Facilitate communication between the | ||
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(f) After an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the criminal and child abuse investigations related to that alleged incident are being conducted by the local multidisciplinary team, the school relevant to the alleged incident of sexual abuse must comply with both of the following: (1) It may not interview the alleged victim regarding | ||
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(2) If asked by a law enforcement agency or an | ||
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(g) After completion of a forensic interview, the multidisciplinary team must notify the school relevant to the alleged incident of sexual abuse of its completion. If, for any reason, a multidisciplinary team determines it will not conduct a forensic interview in a specific investigation, the multidisciplinary team must notify the school as soon as the determination is made. If a forensic interview has not been conducted within 15 calendar days after opening an investigation, the school may notify the multidisciplinary team that it intends to interview the alleged victim. No later than 10 calendar days after this notification, the multidisciplinary team may conduct the forensic interview and, if the multidisciplinary team does not conduct the interview, the school may proceed with its interview. (h) To the greatest extent possible considering student safety and Title IX compliance, school personnel may view the electronic recordings of a forensic interview of an alleged victim of an incident of sexual abuse. As a means to avoid additional interviews of an alleged victim, school personnel must be granted viewing access to the electronic recording of a forensic interview conducted at an accredited Children's Advocacy Center for an alleged incident of sexual abuse only if the school receives (i) approval from the multidisciplinary team investigating the case and (ii) informed consent by a child over the age of 13 or the child's parent or guardian. Each county's local Children's Advocacy Center and multidisciplinary team must establish an internal protocol regarding the process of approving the viewing of the forensic interview, and this process and the contact person must be shared with the school contact at the time of the initial facilitation. Whenever possible, the school's viewing of the electronic recording of a forensic interview should be conducted in lieu of the need for additional interviews. (i) For an alleged incident of sexual abuse that has been accepted for investigation by a multidisciplinary team, if, during the course of its internal investigation and at any point during or after the multidisciplinary team's investigation, the school determines that it needs to interview the alleged victim to successfully complete its investigation and the victim is under 18 years of age, a child advocate must be made available to the student and may be present during the school's interview. A child advocate may be a school social worker, a school or equally qualified psychologist, or a person in a position the State Board of Education has identified as an appropriate advocate for the student during a school's investigation into an alleged incident of sexual abuse. (j) The Department of Children and Family Services must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete. The notification must include information on the outcome of that investigation. (k) The appropriate law enforcement agency must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete or has been suspended. The notification must include information on the outcome of that investigation. (l) This Section applies to all schools operating under this Code, including, but not limited to, public schools located in cities having a population of more than 500,000, a school operated pursuant to an agreement with a public school district, alternative schools operated by third parties, an alternative learning opportunities program, a public school administered by a local public agency or the Department of Human Services, charter schools operating under the authority of Article 27A, and non-public schools recognized by the State Board of Education.
(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-85.5) Sec. 22-85.5. Sexual misconduct in schools. (a) This Section applies beginning on July 1, 2022. (b) The General Assembly finds that: (1) the success of students in school relies on safe | ||
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(2) it is important for staff to maintain a | ||
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(3) many breaches of staff-student boundaries do not | ||
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(4) repeated violations of staff–student boundaries | ||
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(5) it is necessary to uphold the State Board of | ||
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(6) each school district, charter school, or | ||
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(7) each school district, charter school, or | ||
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(8) as bystanders, educators may have knowledge of | ||
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(c) In this Section, "sexual misconduct" means any act, including, but not limited to,
any verbal, nonverbal, written, or electronic communication or
physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Such an act includes, but is not limited to, any of the following: (1) A sexual or romantic invitation. (2) Dating or soliciting a date. (3) Engaging in sexualized or romantic dialog. (4) Making sexually suggestive comments that are | ||
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(5) Self-disclosure or physical exposure of a | ||
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(6) A sexual, indecent, romantic, or erotic contact | ||
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(d) To prevent sexual misconduct with students, each school district, charter school, or nonpublic school shall develop an employee code of professional conduct policy that addresses all of the following: (1) Incorporates the Code of Ethics for Illinois | ||
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(2) Incorporates the definition of "sexual | ||
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(3) Identifies the expectations for employees and | ||
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(A) Transporting a student. (B) Taking or possessing a photo or a video of a | ||
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(C) Meeting with a student or contacting a | ||
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(4) References the employee reporting requirements | ||
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(5) References required employee training that is | ||
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(e) The employee code of professional conduct policy must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic, nonsectarian elementary or secondary school. (f) A violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment. Failure to report a violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment.
(Source: P.A. 102-676, eff. 12-3-21.) |
(105 ILCS 5/22-85.10) Sec. 22-85.10. Parental notification of sexual misconduct. (a) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of an enrolled student, unless the student is at least 18 years of age or emancipated, with whom an employee, agent of the school, or a contractor of the school is alleged to have engaged in sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code. Notice provided to the parent or guardian of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include: (1) Consideration of the time frame for providing | ||
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(2) Prior to notification of the student's parents or | ||
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(A) that notice will be given to the student's | ||
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(B) what information will be included in the | ||
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(C) available resources for the student within | ||
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(D) beginning July 1, 2025, the name and | ||
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(3) After notification of the student as required | ||
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(A) of the alleged misconduct; and (B) of available resources for the student | ||
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(4) Notification must be provided as soon as | ||
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(b) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of a student, subject to subsection (a), when any formal action has been taken by the governing body relating to the employment of the alleged perpetrator following the investigation of sexual misconduct, including whether employment was terminated or whether the governing body accepted the resignation of the employee. Notice provided to the parents or guardians of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include: (1) Consideration of the time frame for providing | ||
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(2) Prior to notification of the student's parents or | ||
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(A) that notice will be given to the student's | ||
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(B) what information will be included in the | ||
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(C) available resources for the student within | ||
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(D) beginning July 1, 2025, the name and contact | ||
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(3) After notification of the student as required | ||
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(A) of the governing body's action; (B) whether a report concerning the alleged | ||
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(C) of available resources for the student | ||
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(4) Notification must be provided as soon as feasible | ||
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(5) For the purposes of subsection (b), if the | ||
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(c) Notwithstanding any other provision of this Section, notification to the student prior to notification of the student's parents or guardians shall not be required to the extent an employee or agent of the school district, charter school, or nonpublic school deems it necessary to address an imminent risk of serious physical injury or death of a student or another person, including the victim. If prior notification to the student is not given, notification to the student shall be provided as soon as practicable and without delay following the notification to the student's parents or guardians. (d) Subsections (a) and (b) shall not apply if the student's parent or guardian is the alleged perpetrator of the misconduct.
(Source: P.A. 102-702, eff. 7-1-23.) |
(105 ILCS 5/22-86) Sec. 22-86. (Repealed).
(Source: P.A. 101-531, eff. 8-23-19. Repealed internally, eff. 3-15-21.) |
(105 ILCS 5/22-87) (Text of Section from P.A. 104-13) Sec. 22-87. Graduation requirements; Free Application for Federal Student Aid. (a) Beginning with the 2020-2021 school year, in addition to any other requirements under this Code, as a prerequisite to receiving a high school diploma from a public high school, the parent or guardian of each student or, if a student is at least 18 years of age or legally emancipated, the student must comply with either of the following: (1) File a Free Application for Federal Student Aid | ||
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(2) On a form created by the State Board of | ||
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(b) Each school district with a high school must require each high school student to comply with this Section and must provide to each high school student and, if applicable, his or her parent or guardian any support or assistance necessary to comply with this Section. Beginning with the 2025-2026 school year, each high school must designate at least one member of its staff as a contact for matters related to this Section, annually provide the individual's name and contact information to the State Board of Education and Illinois Student Assistance Commission in a form and manner that these agencies prescribe, and inform high school seniors that this individual is available to answer questions about this Section or to refer them to an appropriate resource, which may include, but is not limited to, the Illinois Student Assistance Commission. The contact shall serve as a designated point of contact for information from the State Board of Education and Illinois Student Assistance Commission related to this Section, including the free resources available to their students and schools to help them comply with this Section. A person designated as a point of contact under this Section shall, upon designation, be required to complete an initial orientation and, thereafter, shall be encouraged to participate in annual briefings. The individual shall be eligible to receive professional development hours for both the initial orientation and subsequent annual briefings, as applicable. A school district must award a high school diploma to a student who is unable to meet the requirements of subsection (a) due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under this Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver under subsection (a). (c) The State Board of Education may adopt rules to implement this Section.(Source: P.A. 104-13, eff. 6-30-25.) (Text of Section from P.A. 104-14) Sec. 22-87. Graduation requirements; Free Application for Federal Student Aid. (a) Beginning with the 2020-2021 school year, in addition to any other requirements under this Code, as a prerequisite to receiving a high school diploma from a public high school, the parent or guardian of each student or, if a student is at least 18 years of age or legally emancipated, the student must comply with either of the following: (1) File a Free Application for Federal Student Aid | ||
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(2) On a form created by the State Board of | ||
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(b) Each school district with a high school must require each high school student to comply with this Section and must provide to each high school student and, if applicable, his or her parent or guardian any support or assistance necessary to comply with this Section. Beginning with the 2025-2026 school year, the school district shall provide appropriate support to each high school student to assist with education about and the completion of a financial aid application as described in subsection (a). This support may be offered in a variety of formats, times, and settings and shall include an opportunity for the student to request and receive help during the school day in completing the student's portion of the financial aid application. The high school may request assistance from the Illinois Student Assistance Commission to support the completion of financial aid applications, including application completion events and individual assistance, at no cost to the high school. A high school student may choose whether to use the support or assistance provided under this Section. A school district must award a high school diploma to a student who is unable to meet the requirements of subsection (a) due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under this Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver under subsection (a). (c) The State Board of Education may adopt rules to implement this Section.(Source: P.A. 104-14, eff. 6-30-25.) |
(105 ILCS 5/22-88) Sec. 22-88. Parental notification of law enforcement detainment and questioning on school grounds. (a) In this Section, "school grounds" means the real property comprising an active and operational elementary or secondary school during the regular hours in which school is in session and when students are present. (b) Before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, a school resource officer, or other school security personnel must do all of the following: (1) Ensure that notification or attempted | ||
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(2) Document the time and manner in which the | ||
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(3) Make reasonable efforts to ensure that the | ||
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(4) If practicable, make reasonable efforts to ensure | ||
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(c) This Section does not limit the authority of a law enforcement officer to make an arrest on school grounds. This Section does not apply to circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary to do any of the following: (1) Prevent bodily harm or injury to the student or | ||
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(2) Apprehend an armed or fleeing suspect. (3) Prevent the destruction of evidence. (4) Address an emergency or other dangerous | ||
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(Source: P.A. 101-478, eff. 8-23-19; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21.) |
(105 ILCS 5/22-89) Sec. 22-89. Graduates during the 2019-2020 school year. Notwithstanding any other provision of this Code, any diploma conferred during the 2019-2020 school year, including during the summer of 2020, under graduation requirements that were modified by an executive order, emergency rulemaking, or school board policy prompted by a gubernatorial disaster proclamation as a result of COVID-19 is deemed valid and is not subject to challenge or review due to a failure to meet minimum requirements otherwise required by this Code, administrative rule, or school board policy.
(Source: P.A. 101-643, eff. 6-18-20.) |
(105 ILCS 5/22-90) Sec. 22-90. (Repealed).
(Source: P.A. 102-813, eff. 5-13-22. Repealed internally, eff. 2-1-23.) |
(105 ILCS 5/22-91)
Sec. 22-91. Modification of athletic or team uniform; nonpublic schools. (a) A nonpublic school recognized by the State Board of Education must allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the school for such modification. However, nothing in this Section prohibits a school from providing the modification to the student. (b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear: (1) is black, white, the predominant color of the | ||
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(2) does not cover any part of the face; (3) is not dangerous to the player or to the other | ||
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(4) has no opening or closing elements around the | ||
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(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.)
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(105 ILCS 5/22-92)
Sec. 22-92. Absenteeism and truancy policy. (a) Each school district, charter school, or alternative school or any school receiving public funds shall develop and communicate to its students and their parent or guardian, on an annual basis, an absenteeism and truancy policy, including at least the following elements: (1) A definition of a valid cause for absence in | ||
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(2) A description of diagnostic procedures to be used | ||
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(3) The identification of supportive services to be | ||
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(4) Incorporation of the provisions relating to | ||
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(b) The absenteeism and truancy policy must be updated every 2 years and filed with the State Board of Education and the regional superintendent of schools.
(Source: P.A. 102-157, eff. 7-1-22; 102-813, eff. 5-13-22.)
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(105 ILCS 5/22-93) Sec. 22-93. School counselor; gift ban. (a) In this Section: "School counselor" means a person employed by a school district and working in a high school to offer students advice and assistance in making career or college plans. "Prohibited source" means any person who is employed by an institution of higher education or is an agent or spouse of or an immediate family member living with a person employed by an institution of higher education. "Relative" means an individual related to another as father, mother, son, daughter, brother, sister, uncle, aunt, great-aunt, great-uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister or the father, mother, grandfather, or grandmother of the individual's spouse or the individual's fiance or fiancee. (b) A school counselor may not intentionally solicit or accept any gift from a prohibited source or solicit or accept a gift that would be in violation of any federal or State statute or rule. A prohibited source may not intentionally offer or make a gift that violates this Section. (c) The prohibition in subsection (b) does not apply to any of the following: (1) Opportunities, benefits, and services that are | ||
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(2) Anything for which the school counselor pays the | ||
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(3) A gift from a relative. (4) Anything provided by an individual on the basis | ||
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(A) The history of the relationship between the | ||
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(B) Whether, to the actual knowledge of the | ||
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(C) Whether, to the actual knowledge of the | ||
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(5) Bequests, inheritances, or other transfers at | ||
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(6) Any item or items from any one prohibited source | ||
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(7) Promotional materials, including, but not limited | ||
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(8) Travel, lodging, food, and beverage costs | ||
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Each exception listed under this subsection is mutually exclusive and independent of one another. (d) A school counselor is not in violation of this Section if he or she promptly takes reasonable action to return the gift to the prohibited source or donates the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986. A school counselor or prohibited source who intentionally violates this Section is guilty of a business offense and is subject to a fine of at least $1,001 and up to $5,000. (Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22; 103-1020, eff. 8-9-24.) |
(105 ILCS 5/22-94) Sec. 22-94. Employment history review. (a) This Section applies to all permanent and temporary positions for employment with a school or a contractor of a school involving direct contact with children or students. (b) In this Section: "Contractor" means firms holding contracts with any school including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct contact with children or students. "Direct contact with children or students" means the possibility of care, supervision, guidance, or control of children or students or routine interaction with children or students. "School" means a public or nonpublic elementary or secondary school. "Sexual misconduct" has the meaning ascribed to it in subsection (c) of Section 22-85.5 of this Code. (c) Prior to hiring an applicant to work directly with children or students, a school or contractor must ensure that the following criteria are met: (1) the school or contractor has no knowledge or | ||
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(2) the applicant swears or affirms that the | ||
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(3) using the template developed by the State Board | ||
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(A) a list, including the name, address, | ||
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(i) the applicant's current employer; (ii) all former employers of the applicant | ||
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(B) A written authorization that consents to and | ||
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(C) A written statement of whether the applicant: (i) has been the subject of a sexual | ||
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(ii) has ever been discharged from, been | ||
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(iii) has ever had a license or certificate | ||
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(4) The school or contractor shall initiate a review | ||
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(A) the dates of employment of the applicant; (B) a statement as to whether the applicant: (i) has been the subject of a sexual | ||
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(ii) was discharged from, was asked to resign | ||
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(iii) has ever had a license or certificate | ||
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(C) The template shall include the following | ||
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(5) For applicants licensed by the State Board of | ||
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(d) An applicant who provides false information or willfully fails to disclose information required in subsection (c) shall be subject to discipline, up to and including termination or denial of employment. (e) No later than 20 days after receiving a request for information required under paragraph (4) of subsection (c), an employer who has or had an employment relationship with the applicant shall disclose the information requested. If the employer has an office of human resources or a central office, information shall be provided by that office. The employer who has or had an employment relationship with the applicant shall disclose the information on the template developed by the State Board of Education. For any affirmative response to items (i) through (iii) of subparagraph (B) of paragraph (4) or subsection (c), the employer who has or had an employment relationship with the applicant shall provide additional information about the matters disclosed and all related records. A school shall complete the template at time of separation from employment, or at the request of the employee, and maintain it as part of the employee's personnel file. If the school completes an investigation after an employee's separation from employment, the school shall update the information accordingly. Information received under this Section shall not be deemed a public record. A school or contractor who receives information under this subsection (e) may use the information for the purpose of evaluating an applicant's fitness to be hired or for continued employment and may report the information, as appropriate, to the State Board of Education, a State licensing agency, a law enforcement agency, a child protective services agency, another school or contractor, or a prospective employer. An employer, school, school administrator, or contractor who provides information or records about a current or former employee or applicant under this Section is immune from criminal and civil liability for the disclosure of the information or records, unless the information or records provided were knowingly false. This immunity shall be in addition to and not a limitation on any other immunity provided by law or any absolute or conditional privileges applicable to the disclosure by virtue of the circumstances or the applicant's consent to the disclosure and shall extent to any circumstances when the employer, school, school administrator, or contractor in good faith shares findings of sexual misconduct with another employer. Unless the laws of another state prevent the release of the information or records requested or disclosure is restricted by the terms of a contract entered into prior to July 1, 2023 (the effective date of Public Act 102-702) and notwithstanding any other provisions of law to the contrary, an employer, school, school administrator, contractor, or applicant shall report and disclose, in accordance with this Section, all relevant information, records, and documentation that may otherwise be confidential. (f) A school or contractor may not hire an applicant who does not provide the information required under subsection (c) for a position involving direct contact with children or students. (g) Beginning on July 1, 2023 (the effective date of Public Act 102-702), a school or contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that: (1) has the effect of suppressing information | ||
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(2) affects the ability of the school or contractor | ||
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(3) requires the school or contractor to expunge | ||
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(h) Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into on or after July 1, 2023 (the effective date of Public Act 102-702) and that is contrary to this Section is void and unenforceable. (i) For substitute employees, all of the following apply: (1) The employment history review required by this | ||
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(2) A substitute employee seeking to be added to | ||
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(3) An employment history review conducted upon | ||
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(4) A contractor or any other entity furnishing | ||
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(j) For employees of contractors, all of the following apply: (1) The employment history review required by this | ||
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(2) A contractor shall maintain records documenting | ||
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(3) Prior to assigning an employee to perform work | ||
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(A) has been the subject of a sexual misconduct | ||
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(B) has ever been discharged, been asked to | ||
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(C) has ever had a license or certificate | ||
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(4) The contractor may not assign an employee to | ||
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(k) An applicant who has undergone an employment history review under this Section and seeks to transfer to or provide services to another school in the same school district, diocese, or religious jurisdiction, or to another school established and supervised by the same organization is not required to obtain additional reports under this Section before transferring. (l) Nothing in this Section shall be construed: (1) to prevent a prospective employer from conducting | ||
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(2) to relieve a school, school employee, contractor | ||
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(3) to relieve a school, school employee, contractor | ||
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(4) to prohibit the right of the exclusive bargaining | ||
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(m) The State Board of Education shall develop the templates required under paragraphs (3) and (4) of subsection (c).(Source: P.A. 104-417, eff. 8-15-25.) |
(105 ILCS 5/22-95) Sec. 22-95. Policy on discrimination, harassment, and retaliation; response procedures. (a) As used in this Section, "policy" means either the use of a singular policy or multiple policies. (b) Each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must create, implement, and maintain at least one written policy that prohibits discrimination and harassment based on race, color, and national origin and prohibits retaliation. The policy may be included as part of a broader anti-harassment or anti-discrimination policy, provided that the policy prohibiting discrimination and harassment based on race, color, and national origin and retaliation shall be distinguished with an appropriate title, heading, or label. This policy must comply with and be distributed in accordance with all of the following: (1) The policy must be in writing and must include at | ||
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(A) descriptions of various forms of | ||
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(B) the school district's, charter school's, or | ||
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(C) an overview of the school district's, charter | ||
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(D) potential remedies for a violation of the | ||
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(E) a prohibition on retaliation for making a | ||
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(F) the legal recourse available through the | ||
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(G) directions on how to contact the Department | ||
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The policy shall make clear that the policy does not | ||
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(2) The policy described in this subsection shall be | ||
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(3) The policy described in this subsection shall be | ||
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(c) Each school district, charter school, and nonpublic, nonsectarian elementary or secondary school must establish procedures for responding to complaints of discrimination and harassment based on race, color, and national origin and retaliation. These procedures must comply with subsection (b) of this Section. Based on these procedures, school districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools: (1) shall reduce or remove, to the extent | ||
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(2) shall permit any person who reports or is the | ||
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(3) shall permit anonymous reporting, except that | ||
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(4) shall offer remedial interventions or take such | ||
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(5) may offer, but not require or unduly influence, a | ||
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(6) may not cause a person who reports or is the | ||
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(Source: P.A. 103-472, eff. 8-1-24; 103-605, eff. 7-1-24.) |
(105 ILCS 5/22-96) Sec. 22-96. Hiring or assigning priority. (a) When hiring or assigning physical education, music, and visual arts educators, a school district must prioritize the hiring or assigning of educators who hold an educator license and endorsement in the content area to be taught. (b) A licensed educator assigned to physical education, music, or visual arts who does not hold an endorsement in the content area to be taught must acquire short-term approval under Part 25 of Title 23 of the Illinois Administrative Code by the State Board of Education in the content area to be taught prior to his or her assignment or employment start date. If no short-term approval is available in the content area to be taught, the licensed educator shall meet equivalent criteria specified by the State Board of Education. In order to retain his or her employment for subsequent school years, the educator must acquire the full endorsement in the content area to be taught prior to the end of the validity period of the short-term approval. (c) In the case of a reduction in force, a school district may follow its employee contract language for filling positions. (d) Instead of holding the credentials specified in subsection (a) or (b) of this Section, an educator assigned to a position under this Section may meet any requirements set forth under Title 23 of the Illinois Administrative Code as applicable to the content area to be taught, except that subsection (b) of Section 1.710 of Title 23 of the Illinois Administrative Code does not apply to an educator assigned to a position under this subsection (d). (Source: P.A. 103-46, eff. 1-1-24; 103-564, eff. 11-17-23.) |
(105 ILCS 5/22-97) (Section scheduled to be repealed on February 1, 2029) Sec. 22-97. Whole Child Task Force. (a) The General Assembly makes all of the following findings: (1) The COVID-19 pandemic has exposed systemic | ||
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(2) The path to recovery requires a commitment from | ||
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(3) It is well documented that trauma and toxic | ||
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(4) It is estimated that, overall, approximately 40% | ||
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(5) The cumulative effects of trauma and toxic stress | ||
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(6) Although this State enacted measures through | ||
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(7) Many educators and schools in this State have | ||
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(b) The Whole Child Task Force created by Public Act 101-654 is reestablished for the purpose of establishing an equitable, inclusive, safe, and supportive environment in all schools for every student in this State. The task force shall have all of the following goals, which means key steps have to be taken to ensure that every child in every school in this State has access to teachers, social workers, school leaders, support personnel, and others who have been trained in evidence-based interventions and restorative practices: (1) To create a common definition of a | ||
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(2) To outline the training and resources required to | ||
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(3) To identify or develop a process to conduct an | ||
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(4) To provide recommendations concerning the key | ||
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(5) To recommend an implementation timeline, | ||
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(6) To seek input and feedback from stakeholders, | ||
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(7) To recommend legislation, policies, and practices | ||
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(c) Members of the Whole Child Task Force shall be appointed by the State Superintendent of Education. Members of this task force must represent the diversity of this State and possess the expertise needed to perform the work required to meet the goals of the task force set forth under subsection (a). Members of the task force shall include all of the following: (1) One member of a statewide professional teachers' | ||
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(2) One member of another statewide professional | ||
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(3) One member who represents a school district | ||
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(4) One member of a statewide organization | ||
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(5) One member of an organization that has specific | ||
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(6) One member of another organization that has | ||
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(7) One member of a statewide organization that | ||
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(8) One member of a statewide policy organization | ||
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(9) One member of a statewide organization that | ||
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(10) One member of the General Assembly recommended | ||
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(11) One member of the General Assembly recommended | ||
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(12) One member of the General Assembly recommended | ||
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(13) One member of the General Assembly recommended | ||
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(14) One member of a civil rights organization that | ||
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(15) One administrator from a school district that | ||
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(16) One educator from a school district that has | ||
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(17) One member of a youth-led organization. (18) One member of an organization that has | ||
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(19) One member of a coalition of mental health and | ||
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(20) One member of an organization whose mission is | ||
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(21) One member who works or has worked as a | ||
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(22) One member who works or has worked as a social | ||
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(23) One member of the State Board of Education. (24) One member who represents a statewide | ||
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(25) One member who represents a statewide | ||
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(26) One member who has expertise in pre-kindergarten | ||
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(27) One member who represents a school social worker | ||
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(28) One member who represents an organization that | ||
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(29) One member who is a licensed clinical | ||
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(30) One member who represents a school district in | ||
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(31) One member from a governmental agency who has | ||
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(32) One member who has significant expertise in | ||
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(33) One member who represents an organization that | ||
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(34) One member who represents an organization | ||
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(d) The Whole Child Task Force shall meet at the call of the State Superintendent of Education or his or her designee, who shall serve as the chairperson. The State Board of Education shall provide administrative and other support to the task force. Members of the task force shall serve without compensation. (e) The Whole Child Task Force shall reconvene by March 2027 to review progress on the recommendations in the March 2022 report submitted pursuant to Public Act 101-654 and shall submit a new report on its assessment of the State's progress and any additional recommendations to the General Assembly, the Illinois Legislative Black Caucus, the State Board of Education, and the Governor on or before December 31, 2027. (f) This Section is repealed on February 1, 2029.(Source: P.A. 103-413, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(105 ILCS 5/22-98) Sec. 22-98. Retirement and deferred compensation plans. (a) This Section applies only to school districts, other than a school district organized under Article 34, with a full-time licensed teacher population of 575 or more teachers that maintain a 457 plan. Every applicable school district shall make available to participants more than one financial institution or investment provider to provide services to the school district's 457 plan. (b) A financial institution or investment provider, by entering into a written agreement, may offer or provide services to a plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 if the written agreement is not combined with any other written agreement for the administration of the school district's 457 plan. Each school district that offers a 457 plan shall make available to participants, in the manner provided in subsection (d), more than one financial institution or investment provider that has not entered into a written agreement to provide administration services and that provides services to a 457 plan offered to school districts. (c) A financial institution or investment provider providing services for any plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 shall: (1) enter into an agreement with the school district | ||
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(2) provide all data required by the school district | ||
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(3) cover all plan administration costs agreed to by | ||
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(d) A school district that offers, establishes, or maintains a plan under Section 457 of the Internal Revenue Code of 1986, except for a plan established under Section 16-204 of the Illinois Pension Code, shall select more than one financial institution or investment provider, in addition to the financial institution or investment provider that has entered into a written agreement under subsection (b), to provide services to the 457 plan. A financial institution or investment provider shall be designated a 457 plan provider if the financial institution or investment provider enters into an agreement in accordance with subsection (c). (e) A school district shall have one year after the effective date of this amendatory Act of the 103rd General Assembly to find a 457 plan provider under this Section. (f) Nothing in this Section shall apply to or impact the optional defined contribution benefit established by the Teachers' Retirement System of the State of Illinois under Section 16-204 of the Illinois Pension Code. Notwithstanding the foregoing, the Teachers' Retirement System may elect to share plan data for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code with the school district, upon request by the school district, in order to facilitate school districts' compliance with this Section and Section 457 of the Internal Revenue Code of 1986. If a school district requests that the Teachers' Retirement System share plan information for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code, the Teachers' Retirement System may assess a fee on the applicable school district.(Source: P.A. 103-481, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(105 ILCS 5/22-99) (Section scheduled to be repealed on December 31, 2031) Sec. 22-99. Rural Education Advisory Council. (a) The Rural Education Advisory Council is created as a statewide advisory council to exchange thoughtful dialogue concerning the needs, challenges, and opportunities of rural school districts and to provide policy recommendations to the State. The Council shall perform all of the following functions: (1) Convey and impart the perspective of rural | ||
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(2) Present to the State Superintendent of Education | ||
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(3) Provide feedback about this State's | ||
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(b) The Council shall consist of all of the following members: (1) The State Superintendent of Education or his or | ||
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(2) One representative of an association representing | ||
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(3) Five superintendents of rural school districts | ||
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(4) One principal from a rural school district | ||
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(5) One representative from a rural school district | ||
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(6) One representative of a statewide organization | ||
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(7) One representative of a statewide organization | ||
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(8) One student who is at least 15 years old, who is | ||
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Council members must reflect, as much as possible, the racial and ethnic diversity of this State. Council members shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board of Education for that purpose, subject to the rules of the appropriate travel control board. (c) The Council shall meet initially at the call of the State Superintendent of Education, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson. (d) The State Board of Education shall provide administrative and other support to the Council as needed. (e) The Council is dissolved and this Section is repealed on December 31, 2031.(Source: P.A. 103-497, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(105 ILCS 5/22-100) Sec. 22-100. Prohibition on physical discipline in schools. (a) In this Section: "Corporal punishment" means a discipline method in which a person deliberately inflicts pain upon a student in response to the student's unacceptable behavior or inappropriate language, with an aim to halt an offense, prevent its recurrence, or set an example for others. "Corporal punishment" does not include the use of physical restraint under Sections 10-20.33 and 34-18.20. "School personnel" means any person who is employed by, who is on contract with, or who volunteers in a school district, charter school, or nonpublic elementary or secondary school, including, but not limited to, school and school district administrators, teachers, school social workers, school counselors, school psychologists, school nurses, paraprofessionals, speech-language pathologists, cafeteria workers, custodians, bus drivers, school resource officers, or security guards. (b) School personnel of any school district, charter school, or nonpublic elementary or secondary school may not engage in corporal punishment of a student, inflict corporal punishment upon a student, or cause corporal punishment to be inflicted upon a student. (Source: P.A. 103-806, eff. 1-1-25.) |
(105 ILCS 5/22-105) (Text of Section from P.A. 104-288) Sec. 22-105. Denial of free education prohibited. (a) The purpose of this Section is to secure the right of every child to equal access to a free public education and a school that is safe from intimidation and fear, consistent with the landmark United States Supreme Court decision in Plyler v. Doe, 457 U.S. 202 (1982), as in effect on January 1, 2025, which held that it is unconstitutional for states to deny children a free public education based on immigration status. In their efforts to promote the right to educational equality established in Plyler, schools must take steps to protect the integrity of school learning environments for all children, so that no parent is discouraged from sending and no child is discouraged from attending school, including from the threat of immigration enforcement or other law enforcement activity on a school campus. (b) As used in this Section: "Citizenship or immigration status" means all matters regarding citizenship of the United States or any other country or the authority or lack thereof to reside in or otherwise to be present in the United States, including an individual's nationality and country of citizenship. "Law enforcement agent" means an agent of federal, State, or local law enforcement authorized with the power to arrest or detain individuals or manage the custody of detained individuals for a law enforcement purpose, including civil immigration enforcement. "Law enforcement agent" does not include a school resource officer as defined in Section 10-20.68 of this Code. "Nonjudicial warrant" means a warrant issued by a federal, State, or local agency authorized with the power to arrest or detain individuals or manage the custody of detained individuals for any law enforcement purpose, including civil immigration enforcement. "Nonjudicial warrant" includes an immigration detainer or civil immigration warrant as defined in the Illinois TRUST Act. "Nonjudicial warrant" does not include a criminal warrant issued upon a judicial determination of probable cause, in compliance with the requirements of the Fourth Amendment to the United States Constitution and Section 6 of Article I of the Illinois Constitution. "Prevailing party" includes any party: (1) who obtains some of his or her requested relief | ||
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(2) who obtains some of his or her requested relief | ||
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(3) whose pursuit of a non-frivolous claim was a | ||
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"School" means every public school, school district, and governing body, including a special charter district or charter school, organized under this Code, and its agents, including a contracted party. (c) No child may be denied a free public education through secondary school while in this State based on the child's perceived or actual immigration status or the child's parent's or guardian's perceived or actual citizenship or immigration status. (1) A school must not exclude a child from | ||
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(2) A school must not use policies or procedures or | ||
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(A) requesting or collecting information or | ||
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(B) designating immigration status, citizenship, | ||
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(3) A school must not perform any of the following | ||
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(A) Threaten to disclose anything related to the | ||
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(B) Disclose anything related to the perceived | ||
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(C) Disclose anything related to the actual | ||
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Nothing in subparagraphs (B) and (C) of this | ||
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(4) A school must develop procedures for reviewing | ||
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(A) procedures for reviewing and contacting a | ||
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(B) procedures for monitoring or accompanying and | ||
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(C) procedures for notifying and seeking consent | ||
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This paragraph (4) is subject to subsection (c) of | ||
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(d) A school shall adopt a policy for complying with paragraphs (1), (2), (3), and (4) of subsection (c) by July 1, 2026. (e) Beginning July 1, 2026, any party aggrieved by conduct that violates subsection (c) may bring a civil lawsuit. This lawsuit must be brought no later than 2 years after the violation of subsection (c). If the court finds that a willful violation of paragraph (1), (2), or (3) of subsection (c) has occurred, the court may award actual damages. The court, as it deems appropriate, may grant, as relief, any permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order. (f) Nothing in this Section may be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued. (g) Upon a motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under subsection (c). In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought. (h) The General Assembly finds and declares that this Section is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.(Source: P.A. 104-288, eff. 1-1-26.) (Text of Section from P.A. 104-391) Sec. 22-105. Health examinations and immunizations. (1) In compliance with rules and regulations which the Department of Public Health shall promulgate, and except as hereinafter provided, all children in Illinois shall have a health examination as follows: within one year prior to entering kindergarten or the first grade of any public, private, or parochial elementary school; upon entering the sixth and ninth grades of any public, private, or parochial school; prior to entrance into any public, private, or parochial nursery school; and, irrespective of grade, immediately prior to or upon entrance into any public, private, or parochial school or nursery school, each child shall present proof of having been examined in accordance with this Section and the rules and regulations promulgated hereunder. Any child who received a health examination within one year prior to entering the fifth grade for the 2007-2008 school year is not required to receive an additional health examination in order to comply with the provisions of Public Act 95-422 when he or she attends school for the 2008-2009 school year, unless the child is attending school for the first time as provided in this paragraph. A tuberculosis skin test screening shall be included as a required part of each health examination included under this Section if the child resides in an area designated by the Department of Public Health as having a high incidence of tuberculosis. Additional health examinations of pupils, including eye examinations, may be required when deemed necessary by school authorities. Parents are encouraged to have their children undergo eye examinations at the same points in time required for health examinations. (1.5) In compliance with rules adopted by the Department of Public Health and except as otherwise provided in this Section, all children in kindergarten and the second, sixth, and ninth grades of any public, private, or parochial school shall have a dental examination. Each of these children shall present proof of having been examined by a dentist in accordance with this Section and rules adopted under this Section before May 15th of the school year. If a child in the second, sixth, or ninth grade fails to present proof by May 15th, the school may hold the child's report card until one of the following occurs: (i) the child presents proof of a completed dental examination or (ii) the child presents proof that a dental examination will take place within 60 days after May 15th. A school may not withhold a child's report card during a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. The Department of Public Health shall establish, by rule, a waiver for children who show an undue burden or a lack of access to a dentist. Each public, private, and parochial school must give notice of this dental examination requirement to the parents and guardians of students at least 60 days before May 15th of each school year. (1.10) Except as otherwise provided in this Section, all children enrolling in kindergarten in a public, private, or parochial school on or after January 1, 2008 (the effective date of Public Act 95-671) and any student enrolling for the first time in a public, private, or parochial school on or after January 1, 2008 (the effective date of Public Act 95-671) shall have an eye examination. Each of these children shall present proof of having been examined by a physician licensed to practice medicine in all of its branches or a licensed optometrist within the previous year, in accordance with this Section and rules adopted under this Section, before October 15th of the school year. If the child fails to present proof by October 15th, the school may hold the child's report card until one of the following occurs: (i) the child presents proof of a completed eye examination or (ii) the child presents proof that an eye examination will take place within 60 days after October 15th. A school may not withhold a child's report card during a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. The Department of Public Health shall establish, by rule, a waiver for children who show an undue burden or a lack of access to a physician licensed to practice medicine in all of its branches who provides eye examinations or to a licensed optometrist. Each public, private, and parochial school must give notice of this eye examination requirement to the parents and guardians of students in compliance with rules of the Department of Public Health. Nothing in this Section shall be construed to allow a school to exclude a child from attending because of a parent's or guardian's failure to obtain an eye examination for the child. (2) The Department of Public Health shall promulgate rules and regulations specifying the examinations and procedures that constitute a health examination, which shall include an age-appropriate developmental screening, an age-appropriate social and emotional screening, and the collection of data relating to asthma and obesity (including at a minimum, date of birth, gender, height, weight, blood pressure, and date of exam), and a dental examination and may recommend by rule that certain additional examinations be performed. The rules and regulations of the Department of Public Health shall specify that a tuberculosis skin test screening shall be included as a required part of each health examination included under this Section if the child resides in an area designated by the Department of Public Health as having a high incidence of tuberculosis. With respect to the developmental screening and the social and emotional screening, the Department of Public Health must, no later than January 1, 2019, develop rules and appropriate revisions to the Child Health Examination form in conjunction with a statewide organization representing school boards; a statewide organization representing pediatricians; statewide organizations representing individuals holding Illinois educator licenses with school support personnel endorsements, including school social workers, school psychologists, and school nurses; a statewide organization representing children's mental health experts; a statewide organization representing school principals; the Director of Healthcare and Family Services or his or her designee, the State Superintendent of Education or his or her designee; and representatives of other appropriate State agencies and, at a minimum, must recommend the use of validated screening tools appropriate to the child's age or grade, and, with regard to the social and emotional screening, require recording only whether or not the screening was completed. The rules shall take into consideration the screening recommendations of the American Academy of Pediatrics and must be consistent with the State Board of Education's social and emotional learning standards. The Department of Public Health shall specify that a diabetes screening as defined by rule shall be included as a required part of each health examination. Diabetes testing is not required. Physicians licensed to practice medicine in all of its branches, licensed advanced practice registered nurses, or licensed physician assistants shall be responsible for the performance of the health examinations, other than dental examinations, eye examinations, and vision and hearing screening, and shall sign all report forms required by subsection (4) of this Section that pertain to those portions of the health examination for which the physician, advanced practice registered nurse, or physician assistant is responsible. If a registered nurse performs any part of a health examination, then a physician licensed to practice medicine in all of its branches must review and sign all required report forms. Licensed dentists shall perform all dental examinations and shall sign all report forms required by subsection (4) of this Section that pertain to the dental examinations. Physicians licensed to practice medicine in all its branches or licensed optometrists shall perform all eye examinations required by this Section and shall sign all report forms required by subsection (4) of this Section that pertain to the eye examination. For purposes of this Section, an eye examination shall at a minimum include history, visual acuity, subjective refraction to best visual acuity near and far, internal and external examination, and a glaucoma evaluation, as well as any other tests or observations that in the professional judgment of the doctor are necessary. Vision and hearing screening tests, which shall not be considered examinations as that term is used in this Section, shall be conducted in accordance with rules and regulations of the Department of Public Health, and by individuals whom the Department of Public Health has certified. In these rules and regulations, the Department of Public Health shall require that individuals conducting vision screening tests give a child's parent or guardian written notification, before the vision screening is conducted, that states, "Vision screening is not a substitute for a complete eye and vision evaluation by an eye doctor. Your child is not required to undergo this vision screening if an optometrist or ophthalmologist has completed and signed a report form indicating that an examination has been administered within the previous 12 months.". (2.5) With respect to the developmental screening and the social and emotional screening portion of the health examination, each child may present proof of having been screened in accordance with this Section and the rules adopted under this Section before October 15th of the school year. With regard to the social and emotional screening only, the examining health care provider shall only record whether or not the screening was completed. If the child fails to present proof of the developmental screening or the social and emotional screening portions of the health examination by October 15th of the school year, qualified school support personnel may, with a parent's or guardian's consent, offer the developmental screening or the social and emotional screening to the child. Each public, private, and parochial school must give notice of the developmental screening and social and emotional screening requirements to the parents and guardians of students in compliance with the rules of the Department of Public Health. Nothing in this Section shall be construed to allow a school to exclude a child from attending because of a parent's or guardian's failure to obtain a developmental screening or a social and emotional screening for the child. Once a developmental screening or a social and emotional screening is completed and proof has been presented to the school, the school may, with a parent's or guardian's consent, make available appropriate school personnel to work with the parent or guardian, the child, and the provider who signed the screening form to obtain any appropriate evaluations and services as indicated on the form and in other information and documentation provided by the parents, guardians, or provider. (3) Every child shall, at or about the same time as he or she receives a health examination required by subsection (1) of this Section, present to the local school proof of having received such immunizations against preventable communicable diseases as the Department of Public Health shall require by rules and regulations promulgated pursuant to this Section and the Communicable Disease Prevention Act. (4) The individuals conducting the health examination, dental examination, or eye examination shall record the fact of having conducted the examination, and such additional information as required, including for a health examination data relating to asthma and obesity (including at a minimum, date of birth, gender, height, weight, blood pressure, and date of exam), on uniform forms which the Department of Public Health and the State Board of Education shall prescribe for statewide use. The examiner shall summarize on the report form any condition that he or she suspects indicates a need for special services, including for a health examination factors relating to asthma or obesity. The duty to summarize on the report form does not apply to social and emotional screenings. The confidentiality of the information and records relating to the developmental screening and the social and emotional screening shall be determined by the statutes, rules, and professional ethics governing the type of provider conducting the screening. The individuals confirming the administration of required immunizations shall record as indicated on the form that the immunizations were administered. (5) If a child does not submit proof of having had either the health examination or the immunization as required, then the child shall be examined or receive the immunization, as the case may be, and present proof by October 15 of the current school year, or by an earlier date of the current school year established by a school district. To establish a date before October 15 of the current school year for the health examination or immunization as required, a school district must give notice of the requirements of this Section 60 days prior to the earlier established date. If for medical reasons one or more of the required immunizations must be given after October 15 of the current school year, or after an earlier established date of the current school year, then the child shall present, by October 15, or by the earlier established date, a schedule for the administration of the immunizations and a statement of the medical reasons causing the delay, both the schedule and the statement being issued by the physician, advanced practice registered nurse, physician assistant, registered nurse, or local health department that will be responsible for administration of the remaining required immunizations. If a child does not comply by October 15, or by the earlier established date of the current school year, with the requirements of this subsection, then the local school authority shall exclude that child from school until such time as the child presents proof of having had the health examination as required and presents proof of having received those required immunizations which are medically possible to receive immediately. During a child's exclusion from school for noncompliance with this subsection, the child's parents or legal guardian shall be considered in violation of Section 26-1 and subject to any penalty imposed by Section 26-10. This subsection (5) does not apply to dental examinations, eye examinations, and the developmental screening and the social and emotional screening portions of the health examination. If the student is an out-of-state transfer student and does not have the proof required under this subsection (5) before October 15 of the current year or whatever date is set by the school district, then he or she may only attend classes (i) if he or she has proof that an appointment for the required vaccinations has been scheduled with a party authorized to submit proof of the required vaccinations. If the proof of vaccination required under this subsection (5) is not submitted within 30 days after the student is permitted to attend classes, then the student is not to be permitted to attend classes until proof of the vaccinations has been properly submitted. No school district or employee of a school district shall be held liable for any injury or illness to another person that results from admitting an out-of-state transfer student to class that has an appointment scheduled pursuant to this subsection (5). (6) Every school shall report to the State Board of Education by November 15, in the manner which that agency shall require, the number of children who have received the necessary immunizations and the health examination (other than a dental examination or eye examination) as required, indicating, of those who have not received the immunizations and examination as required, the number of children who are exempt from health examination and immunization requirements on religious or medical grounds as provided in subsection (8). On or before December 1 of each year, every public school district and registered nonpublic school shall make publicly available the immunization data they are required to submit to the State Board of Education by November 15. The immunization data made publicly available must be identical to the data the school district or school has reported to the State Board of Education. Every school shall report to the State Board of Education by June 30, in the manner that the State Board requires, the number of children who have received the required dental examination, indicating, of those who have not received the required dental examination, the number of children who are exempt from the dental examination on religious grounds as provided in subsection (8) of this Section and the number of children who have received a waiver under subsection (1.5) of this Section. Every school shall report to the State Board of Education by June 30, in the manner that the State Board requires, the number of children who have received the required eye examination, indicating, of those who have not received the required eye examination, the number of children who are exempt from the eye examination as provided in subsection (8) of this Section, the number of children who have received a waiver under subsection (1.10) of this Section, and the total number of children in noncompliance with the eye examination requirement. The reported information under this subsection (6) shall be provided to the Department of Public Health by the State Board of Education. (7) Upon determining that the number of pupils who are required to be in compliance with subsection (5) of this Section is below 90% of the number of pupils enrolled in the school district, 10% of each State aid payment made pursuant to Section 18-8.05 or 18-8.15 to the school district for such year may be withheld by the State Board of Education until the number of students in compliance with subsection (5) is the applicable specified percentage or higher. (8) Children of parents or legal guardians who object to health, dental, or eye examinations or any part thereof, to immunizations, or to vision and hearing screening tests on religious grounds shall not be required to undergo the examinations, tests, or immunizations to which they so object if such parents or legal guardians present to the appropriate local school authority a signed Certificate of Religious Exemption detailing the grounds for objection and the specific immunizations, tests, or examinations to which they object. The grounds for objection must set forth the specific religious belief that conflicts with the examination, test, immunization, or other medical intervention. The signed certificate shall also reflect the parent's or legal guardian's understanding of the school's exclusion policies in the case of a vaccine-preventable disease outbreak or exposure. The certificate must also be signed by the authorized examining health care provider responsible for the performance of the child's health examination confirming that the provider provided education to the parent or legal guardian on the benefits of immunization and the health risks to the student and to the community of the communicable diseases for which immunization is required in this State. However, the health care provider's signature on the certificate reflects only that education was provided and does not allow a health care provider grounds to determine a religious exemption. Those receiving immunizations required under this Code shall be provided with the relevant vaccine information statements that are required to be disseminated by the federal National Childhood Vaccine Injury Act of 1986, which may contain information on circumstances when a vaccine should not be administered, prior to administering a vaccine. A healthcare provider may consider including without limitation the nationally accepted recommendations from federal agencies such as the Advisory Committee on Immunization Practices, the information outlined in the relevant vaccine information statement, and vaccine package inserts, along with the healthcare provider's clinical judgment, to determine whether any child may be more susceptible to experiencing an adverse vaccine reaction than the general population, and, if so, the healthcare provider may exempt the child from an immunization or adopt an individualized immunization schedule. The Certificate of Religious Exemption shall be created by the Department of Public Health and shall be made available and used by parents and legal guardians by the beginning of the 2015-2016 school year. Parents or legal guardians must submit the Certificate of Religious Exemption to their local school authority prior to entering kindergarten, sixth grade, and ninth grade for each child for which they are requesting an exemption. The religious objection stated need not be directed by the tenets of an established religious organization. However, general philosophical or moral reluctance to allow physical examinations, eye examinations, immunizations, vision and hearing screenings, or dental examinations does not provide a sufficient basis for an exception to statutory requirements. The local school authority is responsible for determining if the content of the Certificate of Religious Exemption constitutes a valid religious objection. The local school authority shall inform the parent or legal guardian of exclusion procedures, in accordance with the Department's rules under Part 690 of Title 77 of the Illinois Administrative Code, at the time the objection is presented. If the physical condition of the child is such that any one or more of the immunizing agents should not be administered, the examining physician, advanced practice registered nurse, or physician assistant responsible for the performance of the health examination shall endorse that fact upon the health examination form. Exempting a child from the health, dental, or eye examination does not exempt the child from participation in the program of physical education training provided in Sections 27-705, 27-710, and 27-725 of this Code. (8.5) The school board of a school district shall include informational materials regarding influenza and influenza vaccinations developed, provided, or approved by the Department of Public Health under Section 2310-700 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois when the board provides information on immunizations, infectious diseases, medications, or other school health issues to the parents or guardians of students. (9) For the purposes of this Section, "nursery schools" means those nursery schools operated by elementary school systems or secondary level school units or institutions of higher learning.(Source: P.A. 103-985, eff. 1-1-25; 104-391, eff. 8-15-25.) |
(105 ILCS 5/22-110) (was 105 ILCS 5/27-23.7) (Text of Section from P.A. 104-338) Sec. 22-110. Bullying prevention. (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, charter schools, and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district, charter school, 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, physical appearance, socioeconomic status, academic status, pregnancy, parenting status, homelessness, 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, charter schools, and non-public, non-sectarian elementary and secondary schools. No student shall be subjected to bullying: (1) during any school-sponsored education program or | ||
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(2) while in school, on school property, on school | ||
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(3) through the transmission of information from a | ||
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(4) through the transmission of information from a | ||
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(a-5) 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 of Article I of the Illinois Constitution. (b) In this Section: "Artificial intelligence" has the meaning given to that term in the Digital Voice and Likeness Protection Act. "Bullying" includes "cyber-bullying" and 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 | ||
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(2) causing a substantially detrimental effect on the | ||
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(3) substantially interfering with the student's or | ||
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(4) substantially interfering with the student's or | ||
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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, posting or distributing sexually explicit images, 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. "Cyber-bullying" means bullying through the use of technology or any electronic communication, including without limitation any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photooptical system, including without limitation electronic mail, Internet communications, instant messages, or facsimile communications. "Cyber-bullying" includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section. "Cyber-bullying" also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the distribution or posting creates any of the effects enumerated in the definition of bullying in this Section. Beginning with the 2026-2027 school year, "cyber-bullying" also includes the posting or distribution of an unauthorized digital replica by electronic means if the posting or distribution creates any of the effects enumerated in the definition of "bullying" in this Section. "Digital replica" has the meaning given to that term in the Digital Voice and Likeness Protection Act. "Policy on bullying" means a bullying prevention policy that meets the following criteria: (1) Includes the bullying definition provided in this | ||
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(2) Includes a statement that bullying is contrary to | ||
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(3) Includes procedures for promptly reporting | ||
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(4) Consistent with federal and State laws and rules | ||
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(5) Contains procedures for promptly investigating | ||
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(A) Making all reasonable efforts to complete the | ||
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(B) Involving appropriate school support | ||
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(C) Notifying the principal or school | ||
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(D) Consistent with federal and State laws and | ||
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(6) Includes the interventions that can be taken to | ||
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(7) Includes a statement prohibiting reprisal or | ||
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(8) Includes consequences and appropriate remedial | ||
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(9) Is based on the engagement of a range of school | ||
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(10) Is posted on the school district's, charter | ||
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(11) As part of the process of reviewing and | ||
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(12) Is consistent with the policies of the school | ||
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(13) Requires all individual instances of bullying, | ||
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"Restorative measures" means a continuum of school-based alternatives to exclusionary discipline, such as suspensions and expulsions, that: (i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' behavioral health needs in order to keep students in school, and (vii) increase student accountability if the incident of bullying is based on religion, race, ethnicity, or any other category that is identified in the Illinois Human Rights Act. "School personnel" means persons employed by, on contract with, or who volunteer in a school district, charter school, or non-public, non-sectarian elementary or secondary school, including without limitation school and school district administrators, teachers, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards. "Unauthorized digital replica" means the use of a digital replica of an individual without the consent of the depicted individual. (c) (Blank). (d) Each school district, charter school, and non-public, non-sectarian elementary or secondary school shall create, maintain, and implement a policy on bullying, which policy must be filed with the State Board of Education. The policy on bullying shall be based on the State Board of Education's template for a model bullying prevention policy under subsection (h) and shall include the criteria set forth in the definition of "policy on bullying". The policy or implementing procedure shall include a process to investigate whether a reported act of bullying is within the permissible scope of the district's or school's jurisdiction and shall require that the district or school provide the victim with information regarding services that are available within the district and community, such as counseling, support services, and other programs. School personnel available for help with a bully or to make a report about bullying shall be made known to parents or legal guardians, students, and school personnel. Every 2 years, each school district, charter school, and non-public, non-sectarian elementary or secondary school shall conduct a review and re-evaluation of its policy and make any necessary and appropriate revisions. No later than September 30 of the subject year, the policy must be filed with the State Board of Education after being updated. The State Board of Education shall monitor and provide technical support for the implementation of policies created under this subsection (d). In monitoring the implementation of the policies, the State Board of Education shall review each filed policy on bullying to ensure all policies meet the requirements set forth in this Section, including ensuring that each policy meets the 13 criterion identified within the definition of "policy on bullying" set forth in this Section. If a school district, charter school, or non-public, non-sectarian elementary or secondary school fails to file a policy on bullying by September 30 of the subject year, the State Board of Education shall provide a written request for filing to the school district, charter school, or non-public, non-sectarian elementary or secondary school. If a school district, charter school, or non-public, non-sectarian elementary or secondary school fails to file a policy on bullying within 14 days of receipt of the aforementioned written request, the State Board of Education shall publish notice of the non-compliance on the State Board of Education's website. Each school district, charter school, and non-public, non-sectarian elementary or secondary school may provide evidence-based professional development and youth programming on bullying prevention that is consistent with the provisions of this Section. (e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law. (f) School districts, charter schools, and non-public, non-sectarian elementary and secondary schools shall collect, maintain, and submit to the State Board of Education non-identifiable data regarding verified allegations of bullying within the school district, charter school, or non-public, non-sectarian elementary or secondary school. School districts, charter schools, and non-public, non-sectarian elementary and secondary schools must submit such data in an annual report due to the State Board of Education no later than August 15 of each year starting with the 2024-2025 school year through the 2030-2031 school year. The State Board of Education shall adopt rules for the submission of data that includes, but is not limited to: (i) a record of each verified allegation of bullying and action taken; and (ii) whether the instance of bullying was based on actual or perceived characteristics identified in subsection (a) and, if so, lists the relevant characteristics. The rules for the submission of data shall be consistent with federal and State laws and rules governing student privacy rights, including, but not limited to, the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student Records Act, which shall include, without limitation, a record of each complaint and action taken. The State Board of Education shall adopt rules regarding the notification of school districts, charter schools, and non-public, non-sectarian elementary and secondary schools that fail to comply with the requirements of this subsection. (g) Upon the request of a parent or legal guardian of a child enrolled in a school district, charter school, or non-public, non-sectarian elementary or secondary school within this State, the State Board of Education must provide non-identifiable data on the number of bullying allegations and incidents in a given year in the school district, charter school, or non-public, non-sectarian elementary or secondary school to the requesting parent or legal guardian. The State Board of Education shall adopt rules regarding (i) the handling of such data, (ii) maintaining the privacy of the students and families involved, and (iii) best practices for sharing numerical data with parents and legal guardians. (h) By January 1, 2024, the State Board of Education shall post on its Internet website a template for a model bullying prevention policy. (i) The Illinois Bullying and Cyberbullying Prevention Fund is created as a special fund in the State treasury. Any moneys appropriated to the Fund may be used, subject to appropriation, by the State Board of Education for the purposes of subsection (j). (j) Subject to appropriation, the State Superintendent of Education may provide a grant to a school district, charter school, or non-public, non-sectarian elementary or secondary school to support its anti-bullying programming. Grants may be awarded from the Illinois Bullying and Cyberbullying Prevention Fund. School districts, charter schools, and non-public, non-sectarian elementary or secondary schools that are not in compliance with subsection (f) are not eligible to receive a grant from the Illinois Bullying and Cyberbullying Prevention Fund. (Source: P.A. 103-47, eff. 6-9-23; 104-338, eff. 7-1-26.) (Text of Section from P.A. 104-391) Sec. 22-110. Bullying prevention. (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, charter schools, and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district, charter school, 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, physical appearance, socioeconomic status, academic status, pregnancy, parenting status, homelessness, 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, charter schools, and non-public, non-sectarian elementary and secondary schools. No student shall be subjected to bullying: (1) during any school-sponsored education program or | ||
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(2) while in school, on school property, on school | ||
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(3) through the transmission of information from a | ||
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(4) through the transmission of information from a | ||
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(a-5) 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 of Article I of the Illinois Constitution. (b) In this Section: "Bullying" includes "cyber-bullying" and 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 | ||
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(2) causing a substantially detrimental effect on the | ||
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(3) substantially interfering with the student's or | ||
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(4) substantially interfering with the student's or | ||
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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. "Cyber-bullying" means bullying through the use of technology or any electronic communication, including without limitation any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photooptical system, including without limitation electronic mail, Internet communications, instant messages, or facsimile communications. "Cyber-bullying" includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section. "Cyber-bullying" also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the distribution or posting creates any of the effects enumerated in the definition of bullying in this Section. "Policy on bullying" means a bullying prevention policy that meets the following criteria: (1) Includes the bullying definition provided in this | ||
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(2) Includes a statement that bullying is contrary to | ||
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(3) Includes procedures for promptly reporting | ||
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(4) Consistent with federal and State laws and rules | ||
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(5) Contains procedures for promptly investigating | ||
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(A) Making all reasonable efforts to complete the | ||
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(B) Involving appropriate school support | ||
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(C) Notifying the principal or school | ||
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(D) Consistent with federal and State laws and | ||
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(6) Includes the interventions that can be taken to | ||
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(7) Includes a statement prohibiting reprisal or | ||
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(8) Includes consequences and appropriate remedial | ||
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(9) Is based on the engagement of a range of school | ||
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(10) Is posted on the school district's, charter | ||
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(11) As part of the process of reviewing and | ||
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(12) Is consistent with the policies of the school | ||
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(13) Requires all individual instances of bullying, | ||
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"Restorative measures" means a continuum of school-based alternatives to exclusionary discipline, such as suspensions and expulsions, that: (i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' behavioral health needs in order to keep students in school, and (vii) increase student accountability if the incident of bullying is based on religion, race, ethnicity, or any other category that is identified in the Illinois Human Rights Act. "School personnel" means persons employed by, on contract with, or who volunteer in a school district, charter school, or non-public, non-sectarian elementary or secondary school, including without limitation school and school district administrators, teachers, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards. (c) (Blank). (d) Each school district, charter school, and non-public, non-sectarian elementary or secondary school shall create, maintain, and implement a policy on bullying, which policy must be filed with the State Board of Education. The policy on bullying shall be based on the State Board of Education's template for a model bullying prevention policy under subsection (h) and shall include the criteria set forth in the definition of "policy on bullying". The policy or implementing procedure shall include a process to investigate whether a reported act of bullying is within the permissible scope of the district's or school's jurisdiction and shall require that the district or school provide the victim with information regarding services that are available within the district and community, such as counseling, support services, and other programs. School personnel available for help with a bully or to make a report about bullying shall be made known to parents or legal guardians, students, and school personnel. Every 2 years, each school district, charter school, and non-public, non-sectarian elementary or secondary school shall conduct a review and re-evaluation of its policy and make any necessary and appropriate revisions. No later than September 30 of the subject year, the policy must be filed with the State Board of Education after being updated. The State Board of Education shall monitor and provide technical support for the implementation of policies created under this subsection (d). In monitoring the implementation of the policies, the State Board of Education shall review each filed policy on bullying to ensure all policies meet the requirements set forth in this Section, including ensuring that each policy meets the 12 criterion identified within the definition of "policy on bullying" set forth in this Section. If a school district, charter school, or non-public, non-sectarian elementary or secondary school fails to file a policy on bullying by September 30 of the subject year, the State Board of Education shall provide a written request for filing to the school district, charter school, or non-public, non-sectarian elementary or secondary school. If a school district, charter school, or non-public, non-sectarian elementary or secondary school fails to file a policy on bullying within 14 days of receipt of the aforementioned written request, the State Board of Education shall publish notice of the non-compliance on the State Board of Education's website. Each school district, charter school, and non-public, non-sectarian elementary or secondary school may provide evidence-based professional development and youth programming on bullying prevention that is consistent with the provisions of this Section. (e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law. (f) School districts, charter schools, and non-public, non-sectarian elementary and secondary schools shall collect, maintain, and submit to the State Board of Education non-identifiable data regarding verified allegations of bullying within the school district, charter school, or non-public, non-sectarian elementary or secondary school. School districts, charter schools, and non-public, non-sectarian elementary and secondary schools must submit such data in an annual report due to the State Board of Education no later than August 15 of each year starting with the 2024-2025 school year through the 2030-2031 school year. The State Board of Education shall adopt rules for the submission of data that includes, but is not limited to: (i) a record of each verified allegation of bullying and action taken; and (ii) whether the instance of bullying was based on actual or perceived characteristics identified in subsection (a) and, if so, lists the relevant characteristics. The rules for the submission of data shall be consistent with federal and State laws and rules governing student privacy rights, including, but not limited to, the federal Family Educational Rights and Privacy Act of 1974 and the Illinois School Student Records Act, which shall include, without limitation, a record of each complaint and action taken. The State Board of Education shall adopt rules regarding the notification of school districts, charter schools, and non-public, non-sectarian elementary and secondary schools that fail to comply with the requirements of this subsection. (g) Upon the request of a parent or legal guardian of a child enrolled in a school district, charter school, or non-public, non-sectarian elementary or secondary school within this State, the State Board of Education must provide non-identifiable data on the number of bullying allegations and incidents in a given year in the school district, charter school, or non-public, non-sectarian elementary or secondary school to the requesting parent or legal guardian. The State Board of Education shall adopt rules regarding (i) the handling of such data, (ii) maintaining the privacy of the students and families involved, and (iii) best practices for sharing numerical data with parents and legal guardians. (h) By January 1, 2024, the State Board of Education shall post on its Internet website a template for a model bullying prevention policy. (i) The Illinois Bullying and Cyberbullying Prevention Fund is created as a special fund in the State treasury. Any moneys appropriated to the Fund may be used, subject to appropriation, by the State Board of Education for the purposes of subsection (j). (j) Subject to appropriation, the State Superintendent of Education may provide a grant to a school district, charter school, or non-public, non-sectarian elementary or secondary school to support its anti-bullying programming. Grants may be awarded from the Illinois Bullying and Cyberbullying Prevention Fund. School districts, charter schools, and non-public, non-sectarian elementary or secondary schools that are not in compliance with subsection (f) are not eligible to receive a grant from the Illinois Bullying and Cyberbullying Prevention Fund. (Source: P.A. 103-47, eff. 6-9-23; 104-391, eff. 8-15-25.) |
(105 ILCS 5/22-115) (was 105 ILCS 110/3 in part) Sec. 22-115. Emergency procedures and life-saving techniques. No later than 30 days after the first day of each school year, the school board of each public elementary and secondary school in the State shall provide all teachers, administrators, and other school personnel, as determined by school officials, with information regarding emergency procedures and life-saving techniques, including, without limitation, the Heimlich maneuver, hands-only cardiopulmonary resuscitation, and use of the school district's automated external defibrillator. The information shall be in accordance with standards of the American Red Cross, the American Heart Association, or another nationally recognized certifying organization. A school board may use the services of non-governmental entities whose personnel have expertise in life-saving techniques to instruct teachers, administrators, and other school personnel in these techniques. Each school board is encouraged to have in its employ or on its volunteer staff at least one person who is certified, by the American Red Cross or by another qualified certifying agency, as qualified to administer first aid and cardiopulmonary resuscitation. In addition, each school board is authorized to allocate appropriate portions of its institute or inservice days to conduct training programs for teachers and other school personnel who have expressed an interest in becoming certified to administer emergency first aid or cardiopulmonary resuscitation. School boards are urged to encourage their teachers and other school personnel who coach school athletic programs and other extracurricular school activities to acquire, develop, and maintain the knowledge and skills necessary to properly administer first aid and cardiopulmonary resuscitation in accordance with standards and requirements established by the American Red Cross or another qualified certifying agency. Subject to appropriation, the State Board of Education shall establish and administer a matching grant program to pay for half of the cost that a school district incurs in training those teachers and other school personnel who express an interest in becoming qualified to administer first aid or cardiopulmonary resuscitation (which training must be in accordance with standards of the American Red Cross, the American Heart Association, or another nationally recognized certifying organization). A school district that applies for a grant must demonstrate that it has funds to pay half of the cost of the training for which matching grant money is sought. The State Board of Education shall award the grants on a first-come, first-serve basis.
(Source: P.A. 104-391, eff. 8-15-25.) |