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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/6-18
(105 ILCS 5/6-18) (from Ch. 122, par. 6-18)
Sec. 6-18.
Meeting dates - Place - Quorum.
The regional board of school
trustees shall hold a regular meeting in July, October,
January and April.
With appropriate public notice, the board may cancel its regular quarterly
meeting if no issues for action have been presented to the board and it has no
pending business.
All regular meetings of the board shall be held at the office of the regional
superintendent.
Special meetings may be called by the president or by 4 members of the
board by giving a 48-hour written notice of the meeting stating the time
and place of the meeting and the purpose thereof. Public notice of meetings
must also be given as prescribed in Sections 2.02 and 2.03 of the Open
Meetings Act.
A majority of the members elected to the board shall constitute a quorum.
Unless otherwise provided a majority vote of all the board shall be required
to decide a measure.
(Source: P.A. 92-172, eff. 1-1-02.)
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105 ILCS 5/6-19 (105 ILCS 5/6-19) (from Ch. 122, par. 6-19) Sec. 6-19. Vacancy on regional board. Any vacancy on the regional board of school trustees shall be filled from the same territory by the remaining members until the next regular election for members of the regional board of school trustees, when the vacancy shall be filled for the unexpired time. A vacancy shall be subject to the residency provisions in Section 6-2 of this Code unless the vacancy occurs in a single county educational service region. If a vacancy occurs in a single county educational service region, then the vacancy may be filled by a person who is a resident of a congressional township not represented on the board. Removal of a member from the township from which such member was elected into a township which has its quota of members on the board shall constitute a vacancy. (Source: P.A. 103-774, eff. 8-2-24.) |
105 ILCS 5/6-20
(105 ILCS 5/6-20) (from Ch. 122, par. 6-20)
Sec. 6-20.
Expenses of members.
Members of the regional board of school trustees shall serve without
remuneration; however, the necessary expenses including travel attendant
upon any meeting of the board shall be paid from the fund from which all
other expenses of the board are paid.
(Source: P.A. 78-514.)
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105 ILCS 5/6-21
(105 ILCS 5/6-21) (from Ch. 122, par. 6-21)
Sec. 6-21.
Legal Representation.
Upon request, the State's Attorney
of the county, other than a county of over 3,000,000 inhabitants, where
the regional superintendent's office is located shall act as the legal
representative of the regional board of school trustees; however, where
matters arise which are within the exclusive jurisdiction of another State's
Attorney, that State's Attorney shall provide legal representation.
(Source: P.A. 82-236.)
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105 ILCS 5/Art. 7
(105 ILCS 5/Art. 7 heading)
ARTICLE 7.
BOUNDARY CHANGE
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105 ILCS 5/7-01
(105 ILCS 5/7-01)
Sec. 7-01. (Repealed).
(Source: P.A. 78-514. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-01a (105 ILCS 5/7-01a) Sec. 7-01a. Purpose and applicability. The purpose of this Article is to permit greater flexibility and efficiency in the detachment and dissolution of school districts for the improvement of the administration and quality of educational services and for the best interests of pupils. This Article applies only to school districts with under 500,000 inhabitants, but includes special charter districts (except those districts organized under Article 34 of this Code) and non-high school districts.
(Source: P.A. 100-374, eff. 8-25-17.) |
105 ILCS 5/7-01b (105 ILCS 5/7-01b) Sec. 7-01b. Definition. In this Article, "legal resident voter" means a person who is registered to vote at the time a circulated petition is filed and when the regional board of school trustees renders a decision, at the address shown opposite his or her signature on the petition, and resides in the detaching territory or dissolving school district.
(Source: P.A. 100-374, eff. 8-25-17.) |
105 ILCS 5/7-02
(105 ILCS 5/7-02) (from Ch. 122, par. 7-02)
Sec. 7-02. Limitations. The provisions of this Article providing for
the change in school district boundaries by detachment, annexation,
division or dissolution, or by any combination of those methods, are
subject to the provisions of this Section. Whenever due to fire,
explosion, tornado or any Act of God the school buildings or one or more of
the principal school buildings comprising an attendance center within a
school district are destroyed or substantially destroyed and rendered unfit
for school purposes, the provisions of this Article shall not be available
to permit a division of that district, or a dissolution, detachment or
annexation of any part thereof, or any combination of such
results during a period from the date of such destruction or substantial
destruction until 30 days after the second regular election of board
members following such destruction or substantial destruction. Nothing in
this Section shall be deemed to prohibit the combining of the entire
district with another entire district or with other entire districts during
such period pursuant to the provisions of Article 11E.
(Source: P.A. 94-1019, eff. 7-10-06.)
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105 ILCS 5/7-03
(105 ILCS 5/7-03)
Sec. 7-03. (Repealed).
(Source: P.A. 85-1020. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/7-04
(105 ILCS 5/7-04) (from Ch. 122, par. 7-04)
Sec. 7-04. Districts in educational service regions of 2,000,000 or more
inhabitants.
(a) In all proceedings under this Article to change by detachment,
annexation, division, dissolution, or any combination of those methods the
boundaries of any school district (other than a school district organized
under Article 34) located in an educational service region of 2,000,000 or
more inhabitants in which the regional board of school trustees is
abolished as provided in subsection (a) of Section 6-2, the trustees of
schools of the township that has jurisdiction and authority over the detaching or dissolving school district, as the
successor under subsection (b) of Section 6-2 to the former regional board
of school trustees with respect to all territory located in that school
township, shall have, exercise, and perform all powers, duties, and
responsibilities required under this Article to be exercised and performed
in those proceedings by a regional board of school trustees; provided that
if any detaching or dissolving school district involved in those proceedings is not under the jurisdiction and authority of the trustees of schools of a township referred to in subsection (b) of Section 5-1, a hearing panel as established in this Section shall have, exercise, and
perform all powers, duties, and responsibilities required under this
Article to be exercised and performed in those proceedings with respect to the detaching or dissolving
school district by a regional board of school
trustees.
(a-5) As applicable, the hearing panel shall be made up of 3 persons who have a demonstrated interest and background in education. Each hearing panel member must reside within an educational service region of 2,000,000 or more inhabitants but not within the boundaries of a school district organized under Article 34 of this Code and may not be a current school board member of the detaching or dissolving or annexing school district or a current employee of the detaching or dissolving or annexing school district or hold any county office. None of the hearing panel members may reside within the same school district. All 3 persons must be selected by the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The members of a hearing panel as established in this Section shall serve without remuneration; however, the necessary expenses, including travel, attendant upon any meeting or hearing in relation to a proceeding under this Article must be paid. (a-10) The petition must be filed with the trustees of schools of the township with jurisdiction and authority over the detaching or dissolving school district or with the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district, as applicable. The chief administrative officer of the educational service center or a person designated by the trustees of schools of the township, as applicable, shall have, exercise, and perform all powers, duties, and responsibilities required under this Article that are otherwise assigned to regional superintendents of schools. (b) Except as otherwise provided in this Section, all other provisions
of this Article shall apply to any proceedings under this Article to change
the boundaries of any school district located in an educational service
region having 2,000,000 or more inhabitants in the same manner that those
provisions apply to any proceedings to change the boundaries of any school
district located in any other educational service region; provided, that any
reference in those other provisions to the regional board of school trustees
shall mean, with respect to all territory within an educational service region
containing 2,000,000 or more inhabitants that formerly was served by a regional
board of school trustees abolished under subsection (a) of Section 6-2, the
trustees of schools of the township
that is the successor under subsection (b) of Section 6-2 to the former
regional board of school trustees with respect to the territory included within
that school township or school district or the hearing panel as established by this Section.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-1
(105 ILCS 5/7-1) (from Ch. 122, par. 7-1)
Sec. 7-1. Changing boundaries by detachment or dissolution.
(a) School district boundaries may be changed by detachment, annexation, division or dissolution
or any combination thereof by the regional board of school trustees or by the State Superintendent of Education as provided in
subsection (l) of Section 7-6. The petition must be filed with and decided solely by the regional board of school trustees of the region in which the regional superintendent of schools has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The petition may be filed in any office operated by the regional superintendent with supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. A petition for boundary change must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of such delivery must be presented as evidence at the hearing required under Section 7-6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in this Section or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident voters within the territory proposed to be detached, then the petition must be signed by all of the owners of record of the real estate of the territory. Legal resident
voters shall be determined by the official voter registration
lists as of the date the petition is filed. No signatures shall be added or withdrawn
after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, shall not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. If the regional superintendent determines that the petition is not in proper order or not in compliance with any applicable petition requirements, the regional superintendent may not accept the petition for filing and may return the petition to the petitioners. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on the merits of the petition.
Petitions for detachment and dissolution shall include the full prayer of the
petition with a general description of the territory at the top of each page. Each signature contained therein shall match the official
signature and address of the legal resident voters as recorded in the office
of the county clerk or board of election commissioners, and each petitioner
shall record the date of his or her signing. Except in instances of a notarized signature of an owner of record of real estate with no legal resident voters in any territory proposed to be detached, each page of the circulated petition shall
be signed by a circulator stating that he or she has witnessed the signature of each
petitioner on that page. Detachment petitions containing 10 or fewer signatures may be notarized in lieu of a circulator statement. Each petition shall include an accurate legal description and map of the territory proposed to be detached. If a petition proposes to dissolve an entire district, then the full name and number of the district and a map are sufficient. Each petition shall include the names of petitioners; the district to be dissolved or the district from which the territory is proposed to be detached; the district or districts to which the territory is proposed to be annexed; evidence that the detaching or dissolving territory is compact and contiguous with the annexing district or districts or otherwise meets the requirements set forth in Section 7-4 of this Code; the referendum date, if applicable; and facts that support favorable findings for the factors to be considered by the regional board of school trustees pursuant to Section 7-6 of this Code.
Where there is only one school building in an approved operating
district, the building and building site may not be included in any
detachment proceeding.
Notwithstanding any other provisions of this Code, if, pursuant to a petition filed under this subsection (a), all of the territory of a school district is to be annexed to another school district, then any action by the regional board of school trustees in granting or approving the petition and any change in school district boundaries pursuant to that action is subject to and the change in school district boundaries may not be made except upon approval, at a regular scheduled election, in the manner provided by Section 7-7.7 of this Code, of a proposition for the annexation of all of the territory of that school district to the other school district. No petition may be filed under this Section to form a new school district under this Article; however, such a petition may be filed under this Section to form a new school district if the boundaries of such new school district lie entirely within the boundaries of a military base or installation operated and maintained by the government of the United States. (b) Any elementary or high school district with 100 or more of its
students residing upon territory located entirely within a military base or
installation operated and maintained by the government of the United States, or
any unit school district or any combination of the above mentioned
districts with 300 or more of its students residing upon territory located
entirely within a military base or installation operated and maintained by
the government of the United States, shall, upon the filing with the
regional board of school trustees of a petition adopted by resolution of
the board of education or a petition signed by a majority of the registered
voters residing upon such military base or installation, have all of the
territory lying entirely within such military base or installation detached
from such school district, and a new school district comprised of such
territory shall be created. The petition shall be filed with and decided
solely by the regional board of school trustees of the region in which the
regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the school district
affected. The regional board of school trustees shall have no authority to
deny the detachment and creation of a new school district requested in a
proper petition filed under this subsection. This subsection shall apply
only to those school districts having a population of not fewer than
1,000 and not more than 500,000 residents, as
ascertained by any special or general census.
The new school district shall tuition its students to the same
districts that its students were previously attending and the districts
from which the new district was detached shall continue to educate the
students from the new district, until the federal government provides other
arrangements. The federal government shall pay for the education of such
children as required by Section 6 of Public Law 81-874.
If a school district created under this subsection (b) has not elected a
school board
and has not become operational within 2 years after the date of detachment,
then this
district is automatically dissolved and the territory of this district reverts
to the school
district from which the territory was detached or any successor district
thereto. Any school district created
under this
subsection (b) on or before September 1, 1996 that has not elected a school
board and has
not been operational since September 1, 1996 is automatically dissolved on the
effective
date of this amendatory Act of 1999, and on this date the territory of this
district reverts
to the school district from which the territory was detached. For the
automatic dissolution of a school district created under this subsection (b),
the
regional superintendent of schools
who has
supervision and control, as defined by Section 3-14.2 of this Code, of the school district from which the territory was detached shall
certify to
the regional board of school trustees that the school district created under
this subsection
(b) has been automatically dissolved.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2
(105 ILCS 5/7-2)
Sec. 7-2. (Repealed).
(Source: P.A. 90-459, eff. 8-17-97. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2a
(105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a)
Sec. 7-2a.
(a) (Blank).
(b) Any school district with a population of less than 5,000 residents or an enrollment of less than 750 students, as determined by the district's most recent fall enrollment counts as posted on the State Board of Education's website,
shall be dissolved and its territory annexed as provided in Section 7-11 of this Code by
the regional board of school trustees upon the filing of a petition adopted by resolution of the board of
education or signed by a majority of the legal resident voters of
the district seeking such dissolution. No petition shall be adopted or
signed under this subsection until the board of education or the
petitioners, as the case may be, shall have given at least 10 days' notice
to be published once in a newspaper having general circulation in the
district and shall have conducted a public informational meeting to inform
the residents of the district of the proposed dissolution and to answer
questions concerning the proposed dissolution. The petition shall be filed with
and decided solely by the regional board of school trustees of the region
in which the regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the
school district being dissolved. The regional board of school trustees
shall not act on a petition filed by a board of education if within 45 days
after giving the first notice of the hearing required under Section 7-11 of this Code a petition
in opposition to the petition of the board to dissolve, signed by a
majority of the legal resident voters of the district, is filed with the
regional board of school trustees. In such an event, the dissolution petition is dismissed on procedural grounds by operation of law and the regional board of school trustees shall have no further authority to consider the petition. A dissolution petition dismissed as the result of a valid opposition petition is not subject to the limitation on successive petitions as provided in Section 7-8 of this Code, and a new petition may be filed upon receipt of the regional board of school trustees' notice stating that the original petition was dismissed by operation of law. For all petitions under this Section, the legal resident voters must be determined by the official voter registration lists as of the date the petition is filed. No signatures may be added or withdrawn after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, may not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on annexing the territory of a district being dissolved.
If no opposition petition is timely filed, the regional board of school trustees
shall have no authority to deny dissolution requested in a proper petition
for dissolution filed under this Section, but shall exercise its
discretion in accordance with Section 7-11 of this Code on the issue of annexing the
territory of a district being dissolved, giving consideration to but not
being bound by the wishes expressed by the residents of
the various school districts that may be affected by such annexation.
(Source: P.A. 99-657, eff. 7-28-16; 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2b
(105 ILCS 5/7-2b) (from Ch. 122, par. 7-2b)
Sec. 7-2b.
Annexation of non-coterminous territory from an elementary
or high school district.
(a) Any contiguous portion of a high school
district that constitutes 5% or less of the equalized assessed
value of the
district and 5% or less of the territory of the district shall upon
petition
of
two-thirds of the registered voters of the
territory proposed to be detached and annexed be so detached and annexed by
the regional board of school trustees if
granting such petition shall make
the affected segment of the boundaries of the high school district the
territory is
proposed to be annexed to identical, for the entirety of
such affected segment, to the boundaries of the elementary school district in
which the territory is located.
Any contiguous portion of an elementary school district that constitutes
5% or less of the equalized assessed value of the district and 5%
or less of the territory of the district shall
upon petition
of two-thirds of the registered voters of the territory proposed to be detached
and annexed be so detached and annexed by the regional board of school
trustees
if granting such petition shall make the affected segment of the boundaries of
the elementary school district the territory is proposed to be annexed to
identical, for the entirety of such affected segment, to the boundaries of the
high school district in which the territory is located.
The regional board of school trustees shall
have no authority or discretion
to hear any evidence or consider any issues except those that may be necessary
to determine whether the limitations and conditions of this Section have been
met.
No district may lose more than 5% of its equalized assessed value or more
than 5% of its territory through
petitions filed under this Section. If a petition seeks to detach territory
that would result in a cumulative total of more than 5% of a district's
equalized
assessed value or more than 5% of the district's territory being detached under
this Section, the petition shall be denied
without prejudice to its being filed pursuant to Section 7-6 of this Code.
Notwithstanding any other provision of this Section, this paragraph shall
apply to any detachments effected pursuant to the provisions of this Section as
they existed prior to the effective date of this amendatory Act of the 91st
General Assembly.
(b) At any time prior to the granting of the petition calling for the
detachment and annexation of non-coterminous territory under this Section, the
Committee of Ten designated in the petition may amend the petition to withdraw
the detachment and annexation proposal and substitute in its place a proposal
to require the school district from which the territory would have been
detached to pay the per capita tuition costs for each pupil residing in the
non-coterminous territory to attend the school district to which the territory
would have been annexed. If such amended petition is granted, the school
district from which the territory would have been detached shall pay to the
school district to which the territory would have been annexed the per capita
tuition costs as determined under Section 10-20.12a for each pupil residing in
the territory who chooses to attend the school district to which the territory
would have been annexed. Notwithstanding the provisions of Section 10-22.5,
the school district to which the territory would have been annexed shall admit
any pupil that resides in the non-coterminous territory and provide such pupils
with any services of the school. The payment and collection of tuition and any
other such matters as may need to be resolved shall be established by an
intergovernmental agreement developed between the two affected school
districts.
Section 7-6 of this Code shall apply to petitions filed under this Section
except as otherwise provided in this Section.
The changes made by this amendatory Act of the 91st General Assembly shall
not apply to petitions pending on the effective date of this amendatory Act of
the 91st General Assembly.
(Source: P.A. 91-46, eff. 6-30-99.)
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105 ILCS 5/7-2c
(105 ILCS 5/7-2c)
Sec. 7-2c.
Change of school district boundaries following annexation of
vacant and unincorporated territory to a contiguous municipality.
Notwithstanding any other provision of this Code, any contiguous portion of
an elementary school district may be detached from
that district and
annexed to an adjoining elementary school district, and any contiguous portion
of a high school district may be detached from that district and annexed to an
adjoining high school district, upon a petition or petitions filed under this
Section, when all of the following conditions are met with respect to each
petition so filed:
(1) The portion of the district to be so detached and | | annexed to an adjoining elementary or high school district consists of not more than 160 acres of vacant land that is located in an unincorporated area of a county of 2,000,000 or more inhabitants and, on the effective date of this amendatory Act of 1997, is contiguous to one municipality that is (i) wholly outside the elementary or high school district from which the vacant land is to be detached and (ii) located entirely within the territorial boundaries of the adjoining elementary or high school district to which the vacant land is to be annexed.
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(2) The equalized assessed valuation of the taxable
| | property located in the portion of the district that is to be so detached and annexed to the adjoining elementary or high school district constitutes less than 1% of the equalized assessed valuation of the taxable property of the district from which it is to be detached.
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(3) The portion of the district to be so detached and
| | annexed to the adjoining elementary or high school district is annexed to the contiguous municipality pursuant to a petition for annexation filed and pending with the annexing municipality upon the effective date of this amendatory Act.
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A petition filed under this Section shall be filed with the State
Superintendent of Education and shall be signed by all of the owners of record
of the
vacant land that comprises the portion of the district that is to be detached
and annexed to the adjoining elementary or high school district under the
provisions of this Section. The State Superintendent shall: (i) hold a
hearing on the petition within 90 days after the date of filing; (ii) render a
decision granting or denying the
petition within 30 days after the hearing; and (iii) promptly serve a copy of
the decision by certified mail, return
receipt requested, upon the petitioners and upon the school boards of the
school districts from which the territory described in the petition is sought
to be detached and to which that territory is sought to be annexed.
The State Superintendent of Education has no authority or discretion to hear
any evidence or consider any issues at the hearing except those that may be
necessary to determine whether the limitations and conditions of this Section
have been met.
The State Superintendent of Education: (i) shall give written notice of the
time and place of the hearing, not less than 30 days prior to the date of the
hearing, to the school board of the school district from which the territory
described in the petition is to be detached and to the school board of the
school district to which that territory is to be annexed; and (ii) shall
publish notice of the hearing in a newspaper that is published in the county in
which the territory described in the petition is located and that has
circulation within the school districts whose school boards are entitled to
written notice of the hearing.
In the event that the granting of a petition filed under this Section has
become final, either through failure to seek administrative review or by the
final decision of a court on review, the change in boundaries shall become
effective forthwith and for all purposes, except that if the granting of the
petition becomes final between September 1 and June 30 of any year, the
administration of and attendance at the schools shall not be affected until the
following July 1, when the change in boundaries shall become effective for all
purposes. After the granting of a petition has become final, the date when the
change shall become effective for purposes of administration and attendance may
be accelerated or
postponed by stipulation of the school boards of the school districts from
which the territory described in the petition is detached and to which that
territory is annexed.
The decision of the State Superintendent of Education
shall be deemed an "administrative decision" as defined in Section 3-101 of the
Administrative Review Law, and any petitioner or the school board of a school
district affected by the detachment and annexation of the territory described
in the petition may within 35 days after a copy of the decision sought to be
reviewed was served by certified mail upon the party affected thereby, or upon
the attorney of record for such party, apply for a review of such decision in
accordance with the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted pursuant thereto.
The commencement of any action for review shall operate as a supersedeas, and
no further proceedings shall be had until final disposition of such review.
The circuit court of the county in which the petition is filed with the State
Superintendent of Education shall have sole jurisdiction to entertain a
complaint for such review.
This Section: (i) is not limited by and operates independently of all other
provisions of this Article, and (ii) constitutes complete authority for the
granting or denial by the State Superintendent of Education of a petition filed
under this Section when the conditions prescribed by this Section for the
filing of that petition are met.
(Source: P.A. 90-459, eff. 8-17-97.)
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105 ILCS 5/7-2.3
(105 ILCS 5/7-2.3) (from Ch. 122, par. 7-2.3)
Sec. 7-2.3.
Annexation to special charter district.
(a) Notwithstanding any provision to the contrary contained in any
special
act or special charter of any school district, annexation of territory to
any city or village under the Illinois Municipal Code after the effective
date of this amendatory Act of 1967 does not constitute annexation of the
territory to the special charter school district nor detachment from any
school district adjacent to the special charter district. Except as
otherwise provided in subsection (b) of this Section, the boundaries of a special charter district may be changed as provided in Sections
7-2.4 through 7-2.7.
(b) If all or any part of a special charter school district is located in
a special charter city, then upon the filing with the governing body of the
special charter school district of a petition to detach the territory described
in the petition from the school district of which that territory forms a part
and to annex that territory to the special charter school district, the
territory described in the petition shall be deemed to be so detached and
annexed to the
special charter school district by operation of law, if all of the following
conditions are met: (i) the petition is signed by at least 51% of the owners of
record and 51% of the electors, if any, residing in the territory described in
the petition; and (ii) the territory described in the petition is located in
the special charter city, is contiguous to the special charter school district,
and does not include any commercially zoned properties that are contiguous to
each other and together constitute in excess of 100 acres of land and are
not separated by a State highway and that are used solely for office/research
and hotel purposes. A certified copy of the petition and the resolution or
order of the governing body of the special charter school district evidencing
the annexation of the territory
described in the petition to the special charter school district by operation
of law shall be mailed by that governing body to each school district affected
and to the regional board or boards of school trustees for the educational
service region or regions in which the affected school districts are located.
A person who is a resident of any territory described in the petition at the
time of its detachment from one school district and its annexation to a special
charter school district under this subsection, and whose child or children are
then attending school in the district from which that territory is being
detached, may elect to have that child or those children and their siblings
attend the schools of the district from which the territory is being detached.
However, in that event the special charter school district shall pay tuition in
the amount provided by law to the school district from which the territory is
detached for each of those children and siblings who attend the schools of that
district.
(Source: P.A. 89-494, eff. 6-21-96.)
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105 ILCS 5/7-2.4
(105 ILCS 5/7-2.4) (from Ch. 122, par. 7-2.4)
Sec. 7-2.4.
A petition for detachment of territory from a special charter district with annexation to another school district, for detachment of territory from a school district with annexation to a special charter district, or for dissolution of a school district with annexation to a special charter district must be filed with the governing body of
the special charter district, and a certified copy thereof must be sent to
each other detaching, dissolving, or annexing school district and to the regional board of school trustees of the region
in which the regional superintendent has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving district. A petition for such annexation
or detachment of territory must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of the delivery must be presented as evidence at any hearing required by Section 7-2.6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in Section 7-1 of this Code or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident
voters within the territory proposed to be detached,
then the petition must be signed by all of the owners of record of the real
estate of the territory. Petitions must contain all of the elements set forth in subsection (a) of Section 7-1 of this Code.
Where there is only one school building in an approved operating school
district, the building and building site may not be included in any
detachment proceeding.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2.5
(105 ILCS 5/7-2.5) (from Ch. 122, par. 7-2.5)
Sec. 7-2.5.
If no objection to the dissolution or detachment of
territory prayed for in a petition under Section 7-2.4 of this Code is filed with
the special charter school district or with the regional board of school
trustees within 30 days after the filing of such petition, the dissolution
or detachment of territory takes effect, subject to Section
7-9 of this Code. However, if an objection to the proposed dissolution or
detachment of territory is filed with either the special charter
district or the regional board of school trustees, the regional board of
school trustees, within 15 days after receiving the objection, shall
appoint 2 legal resident voters from the district or districts under its
jurisdiction and involved in the proposed dissolution or detachment of
territory, subject to the approval of the boards of education of the
districts involved in the proposed dissolution or detachment of territory, and the board or governing body of the special
charter district shall appoint 2 legal resident voters from the special charter
district. Those 4 appointees shall meet within 20 days of their
appointment and by a majority vote select 3 persons who reside outside
the jurisdiction of the districts involved in the proposed dissolution or
detachment of territory and who have a demonstrated interest and
background in education. If a majority of the original 4 appointees
cannot agree on the selection of the 3 additional members within 20 days
of their appointment, the State Board of Education shall
select the 3 additional persons, subject to the same criteria as
required when selection is by the 4 appointees. The 4 appointees and the
3 additional persons selected under this Section constitute the Hearing
Board and 4 members shall constitute a quorum.
Within 10 days after the Hearing Board has been selected the regional
superintendent of schools of the region in which the special charter
district is located shall call an organization meeting of said Hearing
Board.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2.6
(105 ILCS 5/7-2.6) (from Ch. 122, par. 7-2.6)
Sec. 7-2.6.
At its organization meeting, the Hearing Board shall
choose from its membership a chairman and a secretary. The secretary
shall cause a copy of such petition to be sent to the president of the school board of each detaching or dissolving and annexing school district and shall cause a
notice thereof to be published once in a newspaper having general
circulation within the area of the detaching or dissolving and annexing territory described in the petition. The petitioners shall pay the
expenses of publishing the notice and any transcript taken at the
hearing and mailing the final order. In case of an appeal from the decision of the Hearing Board,
the appellants shall pay the cost of preparing the record for appeal.
The notice must state when the petition was filed, the description of
the detaching territory or name of the dissolving district, the name of the annexing district, the prayer of the petition, and the day and time on and location in which the
hearing upon the petition will be held, which may not be more than 30
nor less than 15 calendar days after the publication of notice. Any additional
expense not enumerated above shall be borne equally by the school
districts involved.
The Hearing Board shall hear the petition and determine the
sufficiency thereof and may adjourn the hearing from time to time or
continue the matter for want of sufficient notice or for other good
cause. The Hearing Board (a) shall hear evidence as to the school needs
and conditions of the territory in the area within and adjacent thereto,
and as to the ability of the districts affected to meet the standards of
recognition as prescribed by the State Board of Education,
(b) shall take into consideration the division of funds and assets which
will result from any change of boundaries, and the will of the people of
the area affected, and (c) shall determine whether it is to the best
interests of the schools of the area and the educational welfare of the
pupils should such change in boundaries be granted.
The Hearing Board may administer oaths, determine the admissibility
of evidence, and issue subpoenas for the attendance of witnesses and
subpoena duces tecum for the production of documents. At the hearing, any resident in
any detaching, dissolving, or annexing school district or any representative of a detaching, dissolving, or annexing school district may appear
in person or by attorney in support of the petition or to object to the
granting of the petition and may present evidence in support of his or her
position through either oral or written testimony. At the conclusion of the hearing, the Hearing Board shall,
within 30 days, enter an order either granting or denying the petition. The Hearing Board shall deliver a certified copy of the order by certified mail, return receipt requested,
to the petitioners; the president of the school board of each detaching or dissolving and annexing district;
any person providing testimony in support of or opposition to the petition at the hearing; any
attorney who appears for any person; and the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of each detaching or dissolving and annexing district. The Hearing Board is not required to send a copy of the Hearing Board's order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the decision to grant or deny the petition.
Within 10 days after service of the certified copy of the order granting or denying the petition, any
person so served may petition for rehearing. The petition for rehearing shall specify the reason for the request. The Hearing Board shall first determine whether there is sufficient cause for a rehearing. If so determined, then the Hearing Board shall allow the petition to be heard anew in its entirety in accordance with all procedures in this Section. The party requesting a rehearing shall pay the expenses of publishing the notice and of any transcript taken at the hearing. The filing of a
petition for rehearing operates as a stay of enforcement until the Hearing Board
enters its final order on that petition for rehearing.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-2.7
(105 ILCS 5/7-2.7) (from Ch. 122, par. 7-2.7)
Sec. 7-2.7.
The decision of the Hearing Board under Section 7-2.6 is an
"administrative decision" as defined in Section 3-101 of the Code of Civil
Procedure, and any resident,
petitioner, or board of education entitled to receive a certified copy of the Hearing Board's order may, within 35
days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or board of education,
thereby file a complaint for
a judicial review of that decision in accordance with the Administrative Review Law and the rules adopted pursuant thereto.
The commencement of any action for judicial review operates as a stay of
enforcement, and further proceedings must not be had until final disposition
of such review. Any change in boundaries resulting from the proceedings
under Sections 7-2.4 through 7-2.7 takes effect on the date determined
pursuant to Section 7-9 of this Code.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-3
(105 ILCS 5/7-3) (from Ch. 122, par. 7-3)
Sec. 7-3.
Limitation on change of boundaries when bond election pending.
No petition affecting the boundaries of any school district may be filed
under this Article after the district has published the required legal
notice calling an election to authorize the issuance of bonds to be held on
a date not later than 21 days after such publication until the first of the
following events shall have occurred (1) the voters did not authorize the
issuance of the bonds at the election, (2) the bonds have been issued, (3)
the school board of the district has adopted a resolution abandoning its
plan to issue such bonds, or (4) seventy-five days have elapsed since such
election, provided that if proceedings are pending hereunder affecting the
boundaries of such district at the time the notice of such election is
published or if the district is a party to litigation affecting the
legality of its existence or its boundaries at such time, the said
seventy-five days shall not begin to run until the final determination of
such proceedings or litigation and the expiration of the time for review,
appeal or rehearing, and provided that the provisions of this section shall
be applicable only to the first such election called to be held in any one
calendar year.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/7-4
(105 ILCS 5/7-4) (from Ch. 122, par. 7-4)
Sec. 7-4. Requirements for granting petitions. No petition shall be
granted under Section 7-1 of this Code:
(a) If there will be any non-high school territory | | resulting from the granting of the petition.
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(b) (Blank).
(c) Unless the territory within any district whose
| | boundaries are affected by the granting of a petition shall after the granting thereof be compact and contiguous, except as provided in Section 7-6 of this Code or as otherwise provided in this subdivision (c). The fact that a district is divided by territory lying within the corporate limits of the city of Chicago shall not render it non-compact or non-contiguous. If, pursuant to a petition filed under Section 7-1 of this Code, all of the territory of a district is to be annexed to another district, then the annexing district and the annexed district need not be contiguous if the following requirements are met and documented within 2 calendar years prior to the petition filing date:
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(1) the distance between each district
| | administrative office is documented as no more than 30 miles;
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| (2) every district contiguous to the district
| | wishing to be annexed determines that it is not interested in participating in a petition filed under Section 7-1 of this Code, through a vote of its school board, and documents that non-interest in a letter to the regional board of school trustees containing approved minutes that record the school board vote; and
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| (3) documentation of meeting these requirements
| | are presented as evidence at the hearing required under Section 7-6 of this Code.
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| (d) (Blank).
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-4.1
(105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1)
Sec. 7-4.1. Copies of petition. Each petition submitted under the provisions of Section 7-1 of this Code
shall include proof of notice to owners of record of real estate with no legal resident voters in any territory proposed to be detached, if applicable, and be accompanied by sufficient copies thereof for distribution to the president of the school
board of each detaching or dissolving and annexing school district. The copies need not contain original signatures by
the petitioners as is required of the original petition.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-5
(105 ILCS 5/7-5) (from Ch. 122, par. 7-5)
Sec. 7-5. Detachment set aside upon petition. If there is a recognized school district which as a result of detachment
is without a school building, the detachment may be set aside by the regional
board of school trustees of the region in which the regional superintendent
of schools had supervision and control, as defined in Section 3-14.2 of this Code, prior to the detachment upon
petition by two-thirds of the eligible voters in the school district after
such detachment and the detached area. The regional board of school trustees
shall conduct a hearing upon the petition as prescribed and in the manner
provided in Section 7-6 of this Code.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-6
(105 ILCS 5/7-6) (from Ch. 122, par. 7-6)
Sec. 7-6. Petition filing; notice; hearing; decision.
(a) The secretary of the regional board of school trustees or his or her designee, the chief administrative officer of an educational service center under Section 7-04 of this Code or his or her designee, or the person designated by the trustees of schools of the township in accordance with subsection (a-10) of Section 7-04 of this Code, as appropriate, shall receive the filing of the petition, make the determination of validity in accordance with subsection (a) of Section 7-1 of this Section, publish the notice, conduct the hearing, and issue the final order. Upon the filing of a petition with the secretary of the regional board
of school trustees under the provisions of Section 7-1 of this Code,
the secretary shall cause a copy of such petition to be given to the president of the school
board of each detaching or dissolving and annexing school district and
shall cause a notice thereof to be published once in a newspaper having
general circulation within the area of the detaching or dissolving and annexing territory described in the
petition.
(b) (Blank).
(b-5) If a petition filed under Section 7-1 of this Code proposes to annex all the territory of a school district to another
school district, the petition shall request the
submission of a proposition at a regular scheduled election for the purpose of
voting for or against the annexation of the
territory described in the petition to the school district proposing to annex
that territory. No petition filed or election held under this Article shall be
null and void, invalidated, or deemed in noncompliance with the Election Code
because of a failure to publish a notice with respect to the petition or
referendum as required under subsection (g) of Section 28-2 of that Code for
petitions that are not filed under this Article or Article 11E
of this Code.
(c) When a petition contains more than 10 signatures the petition shall
designate a committee of 10 of the petitioners as attorney in fact for all
petitioners, any 7 of whom may make binding stipulations on behalf of all
petitioners as to any question with respect to the petition or hearing, and the regional board of school trustees may accept such
stipulation in lieu of evidence or proof of the matter stipulated. The
committee of petitioners shall have the same power to stipulate to
accountings or waiver thereof between school districts; however, the
regional board of school trustees may refuse to accept such stipulation.
Those designated as the committee of 10 shall serve in that capacity until
such time as the regional superintendent of schools or the committee of 10
determines that, because of death, resignation, transfer of residency from the
territory, or failure to qualify, the office of a particular member of the
committee of 10 is vacant. Upon determination that a vacancy exists, the
remaining members shall appoint a petitioner to fill the designated vacancy on
the committee of 10. The appointment of any new members by the committee of 10
shall be made by a simple majority vote of the remaining designated members.
(d) The petition may be amended to withdraw not to exceed a total of 10%
of the territory in the petition at any time prior to the hearing; provided that the petition shall after amendment comply with the
requirements as to the number of signatures required on an original petition.
(e) The petitioners shall pay the expenses of publishing the notice and
any transcript taken at the hearing and mailing the final order; and, in case of an
appeal from the decision of the regional board of school trustees or State
Superintendent of Education in cases determined under subsection (l) of
this Section, the appellants shall pay the cost of preparing the record
for appeal. The regional superintendent of schools with whom the petition is filed may request a deposit at the time of filing to cover expenses as provided in this subsection (e).
(f) The notice shall state when the petition was filed, the description
of the detaching territory or name of the dissolving district, the name of the annexing district, the prayer of the petition, and the day and time on and location in which
the hearing upon the petition will be held, which shall not
be more than 30 nor less than 15 calendar days after the publication of notice.
(g) Prior to the hearing, the secretary of the regional board of school trustees shall submit to the regional board of school trustees maps showing the districts involved and a written report of the financial and educational conditions of the districts involved and the probable effect of the proposed changes. The reports and maps submitted must be made a part of the record of the proceedings of the regional board of school trustees. A copy of the report and maps submitted must be sent by the secretary of the regional board of school trustees to the president of the school board of each detaching or dissolving and annexing school district not less than 5 days prior to the day upon which the hearing is to be held.
(h) On the hearing day or on a day to which the regional board of school trustees shall continue the hearing, the regional board of school trustees shall hear the petition but may adjourn the hearing from time to time or may continue the matter for want of sufficient notice or other good cause.
(h-5) Except for motions and briefs challenging the validity of a petition or otherwise challenging the jurisdiction of the regional board of school trustees to conduct a hearing on a petition and except for motions and briefs related to the type of evidence the regional board of school trustees may consider under subsection (i) of this Section, no other motions, pleadings, briefs, discovery requests, or other like documents may be filed with the regional board of school trustees or served on other parties, and the regional board of school trustees shall have no authority to consider such documents, except that if a legal issue arises during a hearing, then the regional board of school trustees may, at its discretion, request briefs to be submitted to it on that issue. (i) The regional board of school trustees shall
hear evidence as to the school needs and conditions of the
territory in the area within and adjacent thereto and the
effect detachment will have on those needs and conditions and
as to the ability of the detaching or dissolving and annexing school districts to meet the
standards of recognition as prescribed by the State Board of
Education, shall take into consideration the division of
funds and assets that will result from the change of
boundaries, and shall determine whether it is in the best
interests of the schools of the area and the direct educational
welfare of the pupils that such change in boundaries be
granted. If non-high school territory is contained in
the petition, the normal high school attendance pattern of the
pupils must be taken into consideration. However, upon resolution by the
regional board of school trustees, the secretary thereof shall conduct the hearing upon any boundary petition and present a transcript of such
hearing to the trustees, who shall base their decision upon the
transcript, maps, and information and any presentation of
counsel. In the instance of a change of boundaries through detachment:
(1) When considering the effect the detachment will | | have on the direct educational welfare of the pupils, the regional board of school trustees shall consider a comparison of the school report cards for the schools of the detaching and annexing districts and the school district report cards for the detaching and annexing districts only if there is no more than a 3% difference in the minority, low-income, and English learner student populations of the relevant schools of the districts.
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| (2) The community of interest of the petitioners and
| | their children and the effect detachment will have on the whole child may be considered only if the regional board of school trustees first determines that there would be a significant direct educational benefit to the petitioners' children if the change in boundaries were allowed.
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| (3) When petitioners cite an annexing district
| | attendance center or centers in the petition or during testimony, the regional board of school trustees may consider the difference in the distances from the detaching area to the current attendance centers and the cited annexing district attendance centers only if the difference is no less than 10 miles shorter to one of the cited annexing district attendance centers than it is to the corresponding current attendance center.
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| (4) The regional board of school trustees may not
| | grant a petition if doing so will increase the percentage of minority or low-income students or English learners by more than 3% at the attendance center where students in the detaching territory currently attend, provided that if the percentage of any one of those groups also decreases at that attendance center, the regional board may grant the petition upon consideration of other factors under this Section and this Article.
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| (5) The regional board of school trustees may not
| | consider whether changing the boundaries will increase the property values of the petitioners' property.
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| The factors in subdivisions (1) through (5) of this subsection (i) are applicable whether or not there are children residing in the petitioning area at the time the hearing is conducted.
If the regional board of school trustees grants a petition to change school district boundaries, then the annexing school district shall determine the attendance center or centers that children from the petitioning area shall attend.
(j) At the hearing, any resident in any detaching, dissolving, or annexing school district or any representative of a detaching, dissolving, or annexing school district may appear in person or by an attorney in support of the
petition or to object to the granting of the petition and may present
evidence in support of his or her position through either oral or written testimony.
(k) At the conclusion of the hearing, the regional superintendent of schools as secretary to the regional board of school trustees shall, within 30 days, enter an order either granting or denying the petition. The regional superintendent of schools shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners or committee of petitioners, as applicable; the president of the school board of each detaching or dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; and any attorney who appears for a person. The regional superintendent of schools shall also deliver a copy of the order to the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of the annexing district if different from the regional superintendent of schools with whom the petition was filed. The regional superintendent of schools is not required to send a copy of the regional board of school trustees' order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the decision to grant or deny the petition.
(l) Notwithstanding the foregoing provisions of this Section, if
within 12 months after a petition is submitted under the provisions of
Section 7-1 of this Code the petition is not approved or denied by the regional board of
school trustees and the order approving or denying that petition entered and
a copy thereof served as provided in this Section, petitioners may submit a copy of the petition directly to the State
Superintendent of Education for approval or denial. The copy of the petition
as so submitted shall be accompanied by a record of all proceedings had with
respect to the petition up to the time the copy of the petition is submitted to
the State Superintendent of Education (including a copy of any notice given or
published, any certificate or other proof of publication, copies of any maps or
written report of the financial and educational conditions of the school
districts affected if furnished by the secretary of the regional board of
school trustees, copies of any amendments to the petition and stipulations
made, accepted or refused, a transcript of any hearing or part of a hearing
held, continued or adjourned on the petition, and any orders entered with
respect to the petition or any hearing held thereon). The petitioners submitting the petition and record of
proceedings to the State Superintendent of Education shall give written notice
by certified mail, return receipt requested, to the regional board of school
trustees and to the secretary of that board and to the detaching or dissolving and annexing school districts that the petition has been
submitted to the State Superintendent of Education for approval or denial and
shall furnish a copy of the notice so given to the State Superintendent of
Education. The cost of assembling the record of proceedings for submission to
the State Superintendent of Education shall be the responsibility of the petitioners that submit the petition and
record of proceedings to the State Superintendent of Education. When a
petition is submitted to the State Superintendent of Education in accordance
with the provisions of this paragraph:
(1) The regional board of school trustees loses all
| | jurisdiction over the petition and shall have no further authority to hear, approve, deny or otherwise act with respect to the petition.
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(2) All jurisdiction over the petition and the right
| | and duty to hear, approve, deny or otherwise act with respect to the petition is transferred to and shall be assumed and exercised by the State Superintendent of Education.
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(3) The State Superintendent of Education shall not
| | be required to repeat any proceedings that were conducted in accordance with the provisions of this Section prior to the time jurisdiction over the petition is transferred to him, but the State Superintendent of Education shall be required to give and publish any notices and hold or complete any hearings that were not given, held or completed by the regional board of school trustees or its secretary as required by this Section prior to the time jurisdiction over the petition is transferred to the State Superintendent of Education.
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(4) If so directed by the State Superintendent of
| | Education, the regional superintendent of schools shall submit to the State Superintendent of Education and to such school boards as the State Superintendent of Education shall prescribe accurate maps and a written report of the financial and educational conditions of the districts affected and the probable effect of the proposed boundary changes.
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(5) The State Superintendent is authorized to conduct
| | further hearings, or appoint a hearing officer to conduct further hearings, on the petition even though a hearing thereon was held as provided in this Section prior to the time jurisdiction over the petition is transferred to the State Superintendent of Education.
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(6) The State Superintendent of Education or the
| | hearing officer shall hear evidence and approve or deny the petition and shall enter an order to that effect and deliver and serve the same as required in other cases to be done by the regional board of school trustees and the regional superintendent of schools as secretary of that board.
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(m) (Blank).
(n) Within 10 days after service of a copy of the order granting or
denying the petition, any person so served may petition for a rehearing. The petition for rehearing shall specify the reason for the request. The regional board of school trustees shall first determine whether there is sufficient cause for a rehearing. If so determined, then the regional board of school trustees shall allow the petition to be heard anew in its entirety in accordance with all procedures in this Article. The party requesting a rehearing shall pay the expenses of publishing the notice and of any transcript taken at the hearing. The
filing of a petition for rehearing shall operate as a stay of enforcement
until the regional board of school trustees or State Superintendent of Education
in cases determined under subsection (l) of this Section enters the final
order on such petition for rehearing.
(o) If a petition is required under the provisions of subsection (b-5) of this
Section to request submission of a proposition at a regular scheduled
election for the purpose of voting for or against the annexation of the
territory described in the petition to the
school district proposing to annex that territory, and if the petition is
granted or approved by the regional board of school trustees
or by the State Superintendent of Education, the proposition shall be placed on
the ballot at the next regular scheduled election.
(Source: P.A. 99-475, eff. 1-1-16; 100-374, eff. 8-25-17.)
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105 ILCS 5/7-7
(105 ILCS 5/7-7) (from Ch. 122, par. 7-7)
Sec. 7-7. Administrative Review Law. The decision of the regional board
of school trustees or the decision of the State
Superintendent of Education in cases determined pursuant to subsection (l)
of Section 7-6 of this Code shall be deemed an "administrative decision" as defined in
Section 3-101 of the Code of Civil Procedure; and any resident, petitioner, or board of education entitled to receive a certified copy of the regional board of school trustees' order may, within 35 days after a copy of the decision sought to be
reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or board of education, thereby file
a complaint for a judicial review of such decision in accordance with the
Administrative Review Law and the rules adopted pursuant thereto. The
commencement of any action for judicial review shall operate as a stay of
enforcement, and no further proceedings shall be had until final
disposition of such review. The circuit court of the
county in which the dissolving district or detaching territory is located shall have sole jurisdiction to entertain a complaint for such
review. In instances in which the dissolving district or detaching territory overlies more than one county, the circuit court of the county where a majority of the territory of the dissolving district or a majority of the territory of the detaching territory is located shall have sole jurisdiction to entertain a complaint for such review.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-7.5
(105 ILCS 5/7-7.5)
Sec. 7-7.5.
Holding of elections.
(a) Elections provided by this Article shall be conducted in accordance
with the general election law.
(b) The notice shall be in substantially the following form:
NOTICE OF REFERENDUM FOR ANNEXATION
BY ..... (Name of Annexing District)
OF ALL TERRITORY OF ..... (Name Of
District Or Districts All Of
Whose Territory Is To Be Annexed)
NOTICE is hereby given that on (insert date), a | | referendum will be held in part(s) of ...... County (Counties) for the purpose of voting for or against the proposition to annex all of the territory comprising ..... (name of each such school district) of ....... County, Illinois to ..... (name of annexing school district) of ...... County, Illinois.
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The territory which now comprises all of the
| | territory of ..... (name of the school district or districts) of ...... County, Illinois, which territory is the same as the territory which is proposed to be annexed to ..... (name of annexing school district) of ....... County, Illinois, is described as follows: (Here describe such territory.)
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The territory which now comprises ..... (name of
| | annexing school district) of ....... County, Illinois, which district it is proposed shall annex the territory above described in this Notice, is described as follows: (Here describe such territory.)
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The election is called and will be held pursuant to
| | an order of the regional board of school trustees (or, State Superintendent of Education) dated on (insert date), which order states that the change of boundaries pursuant to the annexation granted or approved by the order shall be made if a majority of those voters in each of the affected school districts who vote on the proposition at the election vote in favor thereof.
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Dated (insert date).
Regional Board of School Trustees (or State
Superintendent of Education)
By....................................
(Source: P.A. 90-459, eff. 8-17-97; 91-357, eff. 7-29-99.)
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105 ILCS 5/7-7.6
(105 ILCS 5/7-7.6)
Sec. 7-7.6.
Ballots.
The ballot shall be in substantially the following
form:
OFFICIAL BALLOT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the following described territory comprising all of the territory of ..... (name of school district or YES districts) of ...... County, Illinois be annexed to and made a part of ..... - - - - - - - - - - - - - - - - - - - - -
(name of annexing school district) of ....... County, Illinois? NO (Here describe such territory.)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 90-459, eff. 8-17-97 .)
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105 ILCS 5/7-7.7
(105 ILCS 5/7-7.7)
Sec. 7-7.7.
Passage requirements.
The proposition for the annexation of
all of the territory of one or more school districts to another school district
shall be submitted to the voters of the annexing district and the voters of
each
district all of the territory of which is to be annexed to the annexing
district, and if a majority of the voters in each such district who vote on the
proposition vote in favor of the proposition, the proposition shall be deemed
to have passed.
(Source: P.A. 90-459, eff. 8-17-97.)
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105 ILCS 5/7-8
(105 ILCS 5/7-8) (from Ch. 122, par. 7-8)
Sec. 7-8. Limitation on successive petitions. No territory, nor any part thereof,
which is involved in any proceeding
to change the boundaries of a school district by detachment or dissolution from such school district of such territory, and which, after a hearing on the merits of the petition or referendum vote, is not so
detached or dissolved, shall be again involved in proceedings to change the
boundaries of such school district
for at least 2 years after final
determination of such first proceeding, unless during that 2-year period a
petition filed is substantially different than any other previously filed
petition during the previous 2 years or if a school district involved is
identified as a priority district under Section 2-3.25d-5 of this Code, is placed on the financial
watch list by the State Board of Education, or is certified as being in
financial difficulty during that 2-year
period or if such first proceeding involved a petition brought under
Section 7-2b of this Article 7. The 2-year period is counted beginning from the date of a final administrative decision after all appeal timelines have run, upon final court order after all appeal timelines have run, or upon the certification of the election results in the event of a dissolution. The 2-year period is 2 calendar years.
(Source: P.A. 99-193, eff. 7-30-15; 100-374, eff. 8-25-17.)
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105 ILCS 5/7-9
(105 ILCS 5/7-9) (from Ch. 122, par. 7-9)
Sec. 7-9. Effective date of change. In the event that the granting of a petition has become final,
through failure to seek administrative review, by the final decision
of a court on review if no further appeal is taken, or upon certification of election results in the event of a dissolution, the change in boundaries shall become effective the following July 1. The school boards of the districts as they existed prior to the change shall exercise the same power and authority over such territory until such date, unless accelerated or postponed by stipulation of
the school boards of each detaching or dissolving and annexing school district and approval by the regional
board of school trustees
with which the original petition is required to be filed.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-10
(105 ILCS 5/7-10) (from Ch. 122, par. 7-10)
Sec. 7-10. Map
showing change; filed. Within 30 days after the boundaries of any school district have been
changed, the regional superintendent of schools shall
make and file with the county clerk or clerks a map of any detaching, dissolving, or annexing school districts,
whereupon the county clerks shall extend taxes against the territory in
accordance therewith; provided that if an action to review such decision
under Section 7-7 of this Code is taken, the regional superintendent of schools shall not
file the map with the county clerk until after he or she is served with a
certified copy of the order of the final disposition of such review.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-10.5 (105 ILCS 5/7-10.5) Sec. 7-10.5. Teacher transfer. When dissolution and annexation become effective for purposes of administration and attendance as determined pursuant to Section 7-9 or 7-11 of this Code, as applicable, the positions of teachers in contractual continued service in the district being dissolved are transferred to an annexing district or to annexing districts pursuant to the provisions of subsection (h) of Section 24-11 of this Code relative to teachers having contractual continued service status whose positions are transferred from one school board to the control of a different school board, and those said provisions of subsection (h) of Section 24-11 of this Code shall apply to the transferred teachers. In the event that the territory is added to 2 or more districts, the decision on which positions are to be transferred to which annexing districts must be made giving consideration to the proportionate percentage of pupils transferred and the annexing districts' staffing needs, and the transfer of specific individuals into such positions must be based upon the request of those teachers in order of seniority in the dissolving district. The contractual continued service status of any teacher thereby transferred to an annexing district is not lost and the different school board is subject to this Code with respect to the transferred teacher in the same manner as if the teacher was that district's employee and had been its employee during the time the teacher was actually employed by the school board of the dissolving district from which the position was transferred.
(Source: P.A. 100-374, eff. 8-25-17.) |
105 ILCS 5/7-11
(105 ILCS 5/7-11) (from Ch. 122, par. 7-11)
Sec. 7-11. Annexation of dissolved non-operating districts. If any school district has become dissolved as provided in Section 5-32 of this Code,
or if a petition for dissolution is filed under
Section 7-2a of this Code, the regional board of school trustees shall attach the
territory of such
dissolved district to one or more districts and, if the territory is added
to 2 or more districts, shall divide the property of the dissolved
district among the districts to which its territory is added, in the manner
provided for the division of property in case of the organization of a new
district from a part of another district.
The regional board of school trustees of the region in which the regional
superintendent has supervision and control, as defined in Section 3-14.2 of this Code, over the school district that is dissolved
shall have all power necessary to annex the territory of the dissolved
district as provided in this Section, including the power to attach the
territory to a school district under the supervision and control of the regional
superintendent of another educational service region and, in the case of Leepertown CCSD 175, the power to attach the territory to a non-contiguous school district if deemed in the best interests of the schools of the area and the educational welfare of the pupils involved. The annexation of
the territory of a dissolved school district under this Section shall
entitle the school districts involved in the annexation to payments from
the State Board of Education in the same manner and to the same extent
authorized in the case of other annexations under this Article. Other
provisions of this Article 7 of this Code shall apply to and govern
dissolutions and annexations under this Section and Section 7-2a of this Code, except
that it is the intent of the General Assembly that in the case of conflict the
provisions of this Section and Section 7-2a of this Code shall control over the other
provisions of this Article.
The regional board of school trustees shall give notice of
a hearing, to be held not less than 50 days nor more than 70 days after a
school district is dissolved under Section 5-32 of this Code or a petition is filed
under Section 7-2a of this Code, on
the disposition of the territory of such school district by publishing a
notice thereof at least once each week for 2 successive weeks in at least
one newspaper having a general circulation within the area of the territory
involved. At such hearing, the regional board of school trustees shall hear
evidence as to the school needs and conditions of the territory and of the
area within and adjacent thereto, and shall take into consideration the
educational welfare of the pupils of the territory and the normal high
school attendance pattern of the children. In the case of an elementary
school district, except for Leepertown CCSD 175, if all the eighth grade graduates of such district
customarily attend high school in the same high school district, the
regional board of school trustees shall, unless it be
impossible because of the
restrictions of a special charter district, annex the territory of the
district to a contiguous elementary school district whose eighth grade
graduates customarily attend that high school, and that has an elementary
school building nearest to the center of the territory to be annexed, but
if such eighth grade graduates customarily attend more than one high school
the regional board of school trustees shall determine the
attendance pattern
of such graduates and divide the territory of the district among the
contiguous elementary districts whose graduates attend the same respective
high schools.
At the conclusion of the hearing, the regional superintendent of schools, as secretary to the regional board of school trustees, shall, within 10 days, enter an order detailing the annexation of the dissolved district. The regional superintendent of schools shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners or committee of petitioners, as applicable; the president of the school board of each dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; and any attorney who appears for any person. The regional superintendent of schools shall also deliver a copy of the order to the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of the annexing district, if different from the regional superintendent of schools with whom the petition was filed. The regional superintendent of schools is not required to send a copy of the regional board of school trustees' order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the annexation decision. The decision of the regional board of school trustees shall be deemed an "administrative decision" as defined in
Section 3-101 of the
Code of Civil Procedure, and any resident, petitioner, or school board entitled to receive a certified copy of the regional board of school trustees' order may, within 10 days after a copy of the decision sought
to be reviewed was served by certified mail, return receipt requested, upon the resident, petitioner, or school board,
thereby file a complaint for the judicial review of
such decision in accordance with the Administrative Review Law and the rules adopted pursuant
thereto. The commencement of any action for review shall operate as a stay
of enforcement, and no further proceedings shall be had until final
disposition of such review.
The final decision of the regional board of school trustees or of any
court upon judicial review shall become effective under Section 7-9 of this Code in the
case of a petition for dissolution filed under Section
7-2a of this Code, and a final decision shall become effective immediately following the
date no further appeal is allowable in the case of a district dissolved
under Section 5-32 of this Code.
Notwithstanding the foregoing provisions of this Section or any other
provision of law to the contrary, the school board of the Mt. Morris School
District is authorized to donate to the City of Mount Morris, Illinois the
school building and other real property used as a school site by the Mt. Morris
School District at the time of its dissolution, by appropriate resolution
adopted by the school board of the district prior to the dissolution of the
district; and upon the adoption of a resolution by the school board donating
the school building and school site to the City of Mount Morris, Illinois as
authorized by this Section, the regional board of school trustees or other
school officials holding legal title to the school building and school site so
donated shall immediately convey the same to the City of Mt. Morris,
Illinois.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-12
(105 ILCS 5/7-12) (from Ch. 122, par. 7-12)
Sec. 7-12. Termination of office. Upon the close of the then current school year during which any school
district is annexed to another school district under any of the provisions
of this Article, the terms of office of the school directors or board of
education members of the annexed school district shall be terminated and
the school board of the annexing district shall perform all the duties and
have all the powers of the school board of the annexed district. The
annexing district as it is constituted on and after the time of such
annexation shall receive all the assets and assume all the obligations and
liabilities including the bonded indebtedness of the original annexing
district and of the district annexed. The tax rate for such assumed bonded
indebtedness shall be determined in the manner provided in Article 19 of
this Code.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-13
(105 ILCS 5/7-13)
Sec. 7-13. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-14
(105 ILCS 5/7-14) (from Ch. 122, par. 7-14)
Sec. 7-14. Bonded indebtedness-Tax rate.
(a) Beginning on January 1, 2015, whenever the boundaries of any school district are changed by the attachment or detachment of territory, the territory that is detached shall remain liable for its proportionate share of the bonded indebtedness of the school district from which the territory is detached. The annexing district shall not, except pursuant to the approval of a resolution by the school board of the annexing district prior to the effective date of the change of boundaries, assume or be responsible for any of the bonded indebtedness of the district from which the territory is detached. If the annexing district does not assume the detaching territory's proportionate share of the bonded indebtedness of the district from which the territory is detaching, a tax rate for that bonded indebtedness shall be determined in the manner provided in Section 19-7 of this Code, and the county clerk or clerks shall annually extend taxes for each bond outstanding on the effective date of the change of boundaries against all of the taxable property situated within the territory that is detached and within the detaching district. After the effective date of the change of boundaries, all of the property situated within the annexing school district, including the detaching territory, shall be liable for the bonded indebtedness of that district as it exists on the effective date of the change of boundaries and any date thereafter.
(b) Whenever a school district with bonded indebtedness has become dissolved
under this Article and its territory annexed to another district, the
annexing district or districts shall not, except by action pursuant to
resolution of the school board of the annexing district prior to the effective
date of the annexation, assume the bonded indebtedness of the dissolved
district; nor, except by action pursuant to resolution of the school
board of the dissolving district, shall the territory of the dissolved
district assume the bonded indebtedness of the annexing district or districts.
If the annexing district or districts do not assume the bonded indebtedness of
the dissolved district, a tax rate for the bonded indebtedness shall be
determined in the manner provided in Section 19-7, and the county clerk or
clerks shall annually extend taxes for each outstanding bond issue against
all the taxable property that was situated within the boundaries of the
district as the boundaries existed at the time of the issuance of each bond
issue regardless of whether the property is still contained in that same
district at the time of the extension of the taxes by the county clerk
or clerks.
(c) Notwithstanding the provisions of Section 19-18 of this Code, upon resolution of the school board, the county clerk must extend taxes to pay the principal of and interest on any bonds issued exclusively to refund any bonded indebtedness of the annexing school district against all of the taxable property that was situated within the boundaries of the annexing district as the boundaries existed at the time of the issuance of the bonded indebtedness being refunded and not against any of the taxable property in the dissolved school district, provided that (i) the net interest rate on the refunding bonds may not exceed the net interest rate on the refunded bonds, (ii) the final maturity date of the refunding bonds may not extend beyond the final maturity date of the refunded bonds, and (iii) the tax levy to pay the refunding bonds in any levy year may not exceed the tax levy that would have been required to pay the refunded bonds for that levy year. The provisions of this subsection (c) are applicable to school districts that were dissolved and their territory annexed to another school district pursuant to a referendum held in April of 2003. The provisions of this subsection (c), other than this sentence, are inoperative 2 years after the effective date of this amendatory Act of the 95th General Assembly. (Source: P.A. 99-475, eff. 1-1-16 .)
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105 ILCS 5/7-14A
(105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A)
Sec. 7-14A. Annexation compensation. There shall be no accounting
made after a mere change in boundaries when no new district is created, except that those districts whose enrollment increases by 90% or more as a result of annexing territory detached from another district pursuant to this Article are eligible for supplementary State aid payments in accordance with Section 11E-135 of this Code. Eligible annexing districts shall apply to the State Board of Education for supplementary State aid payments by submitting enrollment figures for the year immediately preceding and the year immediately following the effective date of the boundary change for both the district gaining territory and the district losing territory. Copies of any intergovernmental agreements between the district gaining territory and the district losing territory detailing any transfer of fund balances and staff must also be submitted. In all instances of changes in boundaries,
the district losing territory shall
not count the average daily attendance of pupils living in the territory
during the year preceding the effective date of the boundary change in its
claim for reimbursement under Section 18-8.05 or 18-8.15 of this Code for the school year following
the effective date of the change in boundaries and the district receiving
the territory shall count the average daily attendance of pupils living in
the territory during the year preceding the effective date of the boundary
change in its claim for reimbursement under Section 18-8.05 or 18-8.15 of this Code for the school
year following the effective date of the change in boundaries. The changes to this Section made by this amendatory Act of the 95th General Assembly are intended to be retroactive and applicable to any annexation taking effect on or after July 1, 2004.
(Source: P.A. 99-657, eff. 7-28-16; 100-465, eff. 8-31-17.)
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105 ILCS 5/7-27
(105 ILCS 5/7-27)
Sec. 7-27. (Repealed).
(Source: Laws 1967, p. 470. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-28
(105 ILCS 5/7-28)
Sec. 7-28. (Repealed).
(Source: P.A. 88-155. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-29
(105 ILCS 5/7-29) (from Ch. 122, par. 7-29)
Sec. 7-29. Limitation on contesting boundary change. No action
contesting the annexation of any territory to
a school district shall commence unless brought within
2 calendar years after (i) the order annexing the territory shall have become final in the event of a detachment or (ii) the election results shall have been certified in the event of a dissolution. Where a limitation of a
shorter period is prescribed by statute, such shorter limitation shall
apply. The limitation set forth in this Section shall not apply to jurisdictional challenges.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-30
(105 ILCS 5/7-30)
Sec. 7-30. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/7-31 (105 ILCS 5/7-31) Sec. 7-31. Applicability of amendatory Act. For any petition filed with the regional superintendent of schools under this Article prior to the effective date of this amendatory Act of the 100th General Assembly, including a petition for a rehearing pursuant to subsection (n) of Section 7-6 of this Code, the proposed action described in the petition, including all notices, hearings, administrative decisions, ballots, elections, and passage requirements relating thereto, shall proceed and be in accordance with the law in effect prior to the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-374, eff. 8-25-17.) |
105 ILCS 5/Art. 7A
(105 ILCS 5/Art. 7A heading)
ARTICLE 7A.
UNIT SCHOOL DISTRICT CONVERSION
IN DISTRICTS WITH NOT MORE THAN 250 STUDENTS IN GRADES 9 THROUGH 12 (Repealed) (Source: Repealed by P.A. 94-1019, eff. 7-10-06.)
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105 ILCS 5/Art. 7C
(105 ILCS 5/Art. 7C heading)
ARTICLE 7C
- TRANSFER OF HIGH SCHOOL DISTRICT TERRITORY
(Repealed) (Source: Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/Art. 8
(105 ILCS 5/Art. 8 heading)
ARTICLE 8.
TREASURERS
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105 ILCS 5/8-1 (105 ILCS 5/8-1) (from Ch. 122, par. 8-1) Sec. 8-1. Treasurers. (a) Except as otherwise provided in subsections (b) and (c), in Class II county school units the trustees of schools shall appoint a treasurer who shall be ex-officio clerk of the board. The term of the township treasurer shall be for a 2 year period beginning and ending on the first of July. The treasurer shall not be a trustee, or school board member. He shall attend all meetings and keep a record of the official proceedings of the trustees of schools. Such record shall be open to public inspection. All proceedings, when recorded, shall be signed by the president and the clerk. If the clerk is absent, or refuses to perform any of his duties, a clerk pro tempore may be appointed. For sufficient cause the treasurer may be removed from office by the trustees of schools. In case of a vacancy the trustees of schools shall elect a treasurer for the unexpired term. (b) In Class I county school units, and in each school district which forms a part of a Class II county school unit but which has withdrawn from the jurisdiction and authority of the trustees of schools of the township in which such school district is located and from the jurisdiction and authority of the township treasurer in such Class II county school unit as provided in subsection (b) of Section 5-1, each school board shall either elect one of its members to serve as treasurer without salary for a period of one year or appoint someone, not a member of the school board, as its treasurer, and, except as provided in this Section the board shall fix his compensation. An appointed treasurer shall serve at the pleasure of the board. An appointed treasurer shall be at least 21 years of age, of approved integrity, but not a member of the county board of school trustees. The records of the treasurer shall be open to public inspection. Two or more such districts may appoint the same treasurer. In case of a vacancy caused by the death, resignation or the removal from office of the school treasurer the school board shall appoint a treasurer. The school board may determine the temporary incapacity of its treasurer occasioned by illness, absence from the district or any other cause which prevents the prompt performance of his duties and appoint an acting treasurer to serve until the board determines such temporary incapacity no longer exists. (c) The school board of each elementary school, high school and unit school district that forms a part of a Class II county school unit and that was under the jurisdiction and authority of the township treasurer and trustees of schools of a township at the time those offices were abolished in that township as provided in subsection (c) of Section 5-1 shall appoint a person to serve as treasurer of the school board. The term of each school treasurer appointed under this subsection shall be for a 2 year period beginning and ending on the first day of July. A person appointed under this subsection to serve as treasurer of a school board shall not be the superintendent of schools of the school district. A person appointed and serving under this subsection as treasurer of a school board may concurrently serve as the treasurer of the regional board of school trustees, if selected to serve in that capacity by the regional board of school trustees, as provided in subsection (c) of Section 5-1. The school board shall fix the compensation of its school treasurer, and for sufficient cause may remove the school treasurer from office. However, if a member of the school board is also school treasurer, he or she shall perform his or her duties as school treasurer without compensation. In the case of a vacancy, the school board shall appoint a school treasurer for the unexpired term. The school board may determine the temporary incapacity of its treasurer due to illness, absence from the district, or other cause that prevents the prompt performance of his duties and may appoint an acting treasurer to serve until the school board determines that the temporary incapacity of its treasurer no longer exists. (d) After October 1, 1977, each treasurer in a Class I county school unit appointed under this Section for his first term shall have a financial background or related experience or 12 semester hours of credit of college level accounting. (e) After August 14, 1989, any treasurer appointed under this Section for his first term in Class II county school units, including any person appointed by a school board to serve as its treasurer as provided in subsection (c) of this Section, shall be a certified public accountant or a certified chief school business official as defined in part (3) of Section 21-7.3 of this Act. Experience as a township treasurer in a Class II county school unit prior to July 1, 1989 shall be deemed the equivalent of certification. (f) Concurrently with the election or appointment of its own school treasurer by the school board of a school district which forms a part of a Class II county school unit but which no longer is subject to the jurisdiction and authority of a township treasurer or trustees of schools of a township because the district has withdrawn from the jurisdiction and authority of the township treasurer and trustees of schools of the township or because those offices have been abolished as provided in subsection (b) or (c) of Section 5-1, all funds, accounts, moneys, notes, bonds, mortgages and effects then held by such township treasurer on behalf or for the use and benefit of, or then credited by such township treasurer to any fund or account of such school district shall thereupon be transferred and paid over by such township treasurer to the school treasurer elected or appointed by the school board of such school district. In addition the school treasurer of such school district shall have the right, at all reasonable times, to inspect all cash books, loan books, district account books and journals kept by such township treasurer as provided in Section 8-5 and to copy or otherwise reproduce such portions thereof as such school treasurer deems necessary for the performance of his duties. (g) Upon the abolition of the offices of the township treasurer and trustee of schools of a township as provided in subsection (c) of Section 5-1, and subject to the limitation of subsection (b) of Section 8-5 with respect to certain records to be surrendered to the regional board of school trustees, and except as otherwise provided in subsection (c) of Section 5-1 with respect to the common school lands and township loanable funds of that township and with respect to the records, books and accounts relating to those common school lands and township loanable funds, all school funds and accounts, moneys, notes, bonds, securities, district account books and other documents, records and effects then held by the former township treasurer on behalf or for the use and benefit of, or then credited by the former township treasurer to any fund or account of any school district that was under the jurisdiction and authority of the township treasurer at the time the office of that township treasurer was abolished shall thereupon be transferred and paid over by the former township treasurer to the appropriate school treasurer appointed by the school board of each such district under subsection (c) of this Section 8-1. (h) If the school district of a school treasurer elected or appointed under this Section is receiving emergency State financial assistance under Article 1B, that school treasurer is subject to the provisions of Article 1B. (Source: P.A. 103-790, eff. 8-9-24.) |
105 ILCS 5/8-2
(105 ILCS 5/8-2) (from Ch. 122, par. 8-2)
Sec. 8-2. Bond of treasurer. Before entering upon his duties, each school
treasurer shall execute a bond with a surety company authorized to do
business in this State, as sureties, payable to the township trustees of
schools in Class II county school units and to the school board of each
district for which he or she is treasurer or its successors in office in
Class I county school units and conditioned upon the faithful discharge of
his or her duties, except that the bond required of the school treasurer of
a school district which is located in a Class II county school unit but
which no longer is subject to the jurisdiction and authority of a township
treasurer or trustees of schools of a township because the district has
withdrawn from the jurisdiction and authority of the township treasurer and
trustees of schools of the township or because those offices have been
abolished as provided in subsection (b) or (c) of Section 5-1 shall be
payable to the school board of each district for which he or she is
treasurer or its successor in office and conditioned upon the faithful
discharge of his or her duties. The penalty of the bond shall be determined by the school board in an amount no less than 10%
of the amount of all bonds, notes, mortgages, moneys and effects of
which he is to have the custody as measured on the final day of the school district's most recent fiscal year. The bond of the township
treasurer shall be approved by at least
a majority of the township trustees in Class II county school units;
provided that in those school districts that are located in a Class II
county school unit but are no longer subject to the jurisdiction and
authority of a township treasurer and trustees of schools of a township
(because the districts have withdrawn from the jurisdiction and authority
of the township treasurer and trustees of schools of the township or
because those offices have been abolished as provided in subsection (b) or
(c) of Section 5-1) and in Class I county school units, the bond shall be
approved by at least a majority of the members of the school board; and in
all cases the bond shall be filed with the regional superintendent of
schools who shall file with the State Board of Education before September 1
in each year an affidavit showing which treasurers of school districts
under his supervision and control are properly bonded. The bond shall be in
the following form:
STATE OF ILLINOIS .......... COUNTY
We, AB, CD and EF, are obligated, jointly and severally, to the
(School Board of District No. ...., or trustees of township .... range ....)
in the above mentioned county or successors in office, in the penal sum of
$...., for the payment of which we bind ourselves, our heirs, executors and
administrators.
Dated (insert date).
The condition of this obligation is such that if
AB, school treasurer in the above stated county, faithfully discharges
the duties of his or her office, according to law, and delivers to his or her
successor in office, after such successor has qualified by giving
bond as provided by law, all moneys, books, papers, securities and control,
which have come into his or her possession or control, as such school
treasurer, from the date of his or her bond to the time that his or her
successor has qualified as school treasurer, by giving such bond as
required by law, then this obligation to be void; otherwise to remain
in full force and effect.
Approved and accepted by: A.... B.... (Signature) C.... D.... (Signature) E.... F.... (Signature) G.... H.... (Signature) I.... J.... (Signature) K.... L.... (Signature)
(Board of Education or Board of
Directors of District No. .....
By ....
President Secretary or Clerk
or ....
.... Township Trustees)
No part of the State or other school fund shall be paid to any school
treasurer or other persons authorized to receive it unless such
treasurer has filed his or her bond, or if reelected, has renewed his or her
bond and filed it as required by law.
(Source: P.A. 103-49, eff. 6-9-23.)
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105 ILCS 5/8-3
(105 ILCS 5/8-3) (from Ch. 122, par. 8-3)
Sec. 8-3.
Compensation.
Each school treasurer shall receive in full, for his services, a
compensation to be fixed, prior to his appointment, and such compensation
shall not be decreased during his term of office.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/8-4
(105 ILCS 5/8-4) (from Ch. 122, par. 8-4)
Sec. 8-4.
High school districts to pay share of compensation and
expenses. Each elementary school district, community high school district
and township high school district - excepting, however, any school
district that no longer is subject to the jurisdiction and authority of a
township treasurer or trustees of schools of a township because the
district has withdrawn from the jurisdiction and authority of the township
treasurer and trustees of schools of the township or because those offices
have been abolished as provided in subsection (b) or (c) of Section 5-1 --
shall pay a proportionate share of the compensation of the township
treasurer serving such district or districts and a proportionate share of
the expenses of the township treasurer's office, which compensation and
expenses shall be determined by dividing the total amount of all school
funds handled by the township treasurer by such amount of the funds as
belongs to each such elementary school district or high school district.
(Source: P.A. 86-1441; 87-473.)
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105 ILCS 5/8-5
(105 ILCS 5/8-5) (from Ch. 122, par. 8-5)
Sec. 8-5.
Books and accounts.
(a) The township treasurer shall be provided by the trustees of schools
with a cash book, a loan book, a district account book, and a journal.
In the cash book he shall enter in separate accounts all moneys received
and paid out, with the amount, date, from whom, to whom and on what
account received or paid out; or, if loaned, the date, to whom, and the
amount. Moneys received shall be charged to debit account, and moneys
paid out shall be credited as follows: First, to the principal of the
township fund; second, to the interest of the township fund; third, to
the common school fund and other funds; fourth, to the taxes received
from the county or town collector, and for what districts received;
fifth, donations; sixth, moneys coming from all other sources; in all
cases entering the date when received, and when paid out.
In the loan book he shall enter a record of all school funds loaned,
with the amount to whom, date, time, when due, and the rate of interest,
the interest paid, and a description of the securities.
In the district account book he shall post from the cash book all
receipts and expenditures on account of any district, with the amount,
date, from or to whom, and from what sources and for what purposes.
In the journal he shall record at length the acts and proceedings of
the trustees of schools, their orders, by-laws and resolutions.
The township treasurer shall keep his accounts in the manner directed
by the State Board of Education, the regional superintendent
of schools or the trustees of schools; and they shall be subject at all
times to the inspection of the trustees, the directors or school board
members or other persons authorized by this Act or of any committee
appointed by the voters of the township at the election of
trustees to examine them.
(b) Concurrently with the abolition of the offices of township
treasurer and trustee of schools of a township as provided in subsection
(c) of Section 5-1, the former township treasurer whose office has been so
abolished shall surrender to the school treasurer of each school district
served by that township treasurer at the time that office is abolished the
district account book theretofore maintained for that school district by
the former township treasurer, and in addition shall surrender to the
regional board of school trustees the cash books, loan books and journals
referred to in subsection (a) of this Section 8-5; provided that the school
board and school treasurer of each such school district, the State Board of
Education, the regional superintendent and such other persons as may be
authorized by law shall have the right, at all reasonable times, to
inspect, and to copy or otherwise reproduce any portions of the cash books,
loan books and journals surrendered by the former township treasurer to the
regional board of school trustees as required by this subsection.
(Source: P.A. 87-473.)
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105 ILCS 5/8-6
(105 ILCS 5/8-6) (from Ch. 122, par. 8-6)
Sec. 8-6. Custody
of school funds. The school treasurer shall have custody of the school funds and shall
keep in a cash book separate cash balances. In the cash book he shall enter in
separate accounts the balance, total of all moneys received in each fund,
and the total of the orders countersigned or checks signed with respect to each fund and extend the balances and the aggregate cash balance for all funds
balance at least monthly. The treasurer shall reconcile such balances with the
accounting or bookkeeping department of the district in conformity with a template provided by the State Board of Education monthly. School districts on the financial watch or warning list that are required to submit deficit reduction plans in accordance with Section 17-1 of this Code or that are certified in financial difficulty in accordance with Section 1-A8 of this Code must transmit the cash balances as required pursuant to this Section 8-6 of this Code to the State Board of Education quarterly from the treasurer.
(Source: P.A. 97-429, eff. 8-16-11.)
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105 ILCS 5/8-7
(105 ILCS 5/8-7) (from Ch. 122, par. 8-7)
Sec. 8-7.
Only lawful custodian of funds - Depositaries.
Except as
otherwise provided in subsection (f) of Section 8-1,
subsection (c) of Section 5-1, and subsection (b) of Section 8-5,
the township treasurer in Class II county school units, the school
treasurer in Class I county school units, and the school treasurer in
any school district that forms a part of a Class II county school unit but
which no longer is subject to the jurisdiction and authority of a
township treasurer and trustees of schools of a
township (because the district has withdrawn from the jurisdiction
and authority of the township treasurer and trustees of school of the
township or because those offices have been abolished
as provided in subsection (b) or (c) of Section 5-1) shall be the only
lawful custodian of all school funds and shall demand receipt for and
safely keep, according to law, all bonds, mortgages, notes, moneys,
effects, books and papers belonging to any school district or township, as
the case may be, which he serves as treasurer. Trustees of schools in Class
II county school units, school boards in Class I county school
units, and those school boards in Class II county school units that have
elected or appointed their own school treasurer pursuant to subsection (b) or
(c) of Section 5-1 and subsection (b) or (c) of Section 8-1, shall
designate one or more banks, savings and loan
associations, situated in the State of Illinois, in which school funds and
moneys in the custody of the township treasurer or of the school treasurer
shall be kept. When a bank or savings and loan association has been
designated as a depositary it shall continue as such until 10 days after a
new depositary is designated and has qualified by furnishing statements of
resources and liabilities as is required by this section. When a new
depositary is designated, the trustees of schools in Class II county school
units, school boards in Class I county school units, and those
school boards in Class II county school units that have elected or appointed
their own school treasurer pursuant to subsection (b) or (c) of Section
5-1 and subsection (b) or (c) of Section 8-1, shall notify the sureties
of the township treasurer or of the school treasurer, as the case may be, of
that fact, in writing at least 5 days before the transfer of funds. The
township treasurer or the school treasurer shall be discharged from
responsibility for such funds and moneys which he deposits in a depositary so
designated while such funds and moneys are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
Township and school treasurers are authorized to enter into agreements
of any definite or indefinite term regarding the deposit, redeposit,
investment, reinvestment or withdrawal of school funds, including, without
limitation, agreements with other township and school treasurers,
agreements with community college districts authorized by Section 3-47 of
the Public Community College Act and agreements with educational service
regions authorized by Section 3-9.1.
Each township and school treasurer is permitted to (i) combine moneys
from more than one fund of a single school district for the purpose of
investing such funds, and (ii) join with township and school treasurers,
community college districts and educational service regions in investing school
funds, community college funds and educational service region funds. Such joint
investments shall be made only in investments authorized by law for the
investment of school funds or, in the case of investments made jointly with
community college districts and educational service regions, in investments
authorized by law for the investment of school funds, community college funds
and educational service region funds. When moneys of more than one fund of a
single school district are combined for investment purposes or when moneys of a
school district are combined with moneys of other school districts, community
college districts or educational service regions, the moneys combined for such
purposes shall be accounted for separately in all respects, and the earnings
from such investment shall be separately and individually computed and
recorded, and credited to the fund or school district, community college
district or educational service region, as the case may be, for which the
investment was acquired.
(Source: P.A. 86-1051; 86-1441; 87-435; 87-473; 87-968.)
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105 ILCS 5/8-8
(105 ILCS 5/8-8) (from Ch. 122, par. 8-8)
Sec. 8-8.
Township
fund - Loans - Investments.
The township treasurer or township land commissioners, as the case may
be, shall keep the principal of the township fund loaned at interest. The
rate of interest, which shall not be less than four per cent per annum,
payable annually, except in the case of investments in war bonds of the
United States government, shall be determined by a majority of the trustees
of schools at any regular or special meeting. No loan shall be made for
less than one year nor more than 5 years but investments secured by
mortgage, notes, or bonds, insured by the Federal Housing Administrator, or
debentures issued by him, or in bonds or other obligations of National
Mortgage Associations, may be for longer than 5 years. All loans shall be
secured by mortgage on unencumbered realty situated in this State, worth at
least 50% more than the amount loaned, with a condition that in case
additional security shall be required at any time it shall be given to the
satisfaction of the trustees of schools. In estimating the value of realty
mortgaged to secure the payment of money loaned, the value of improvements
liable to be destroyed may be included; but in such case the improvements
shall be insured for their insurable value in a responsible insurance
company or companies, and the policy or policies shall be transferred to
the trustees of schools as additional security, and shall be kept so
insured until the loan is paid. The township treasurer or township land
commissioners, as the case may be, also may invest the principal of the
township fund in:
1. Bonds issued by the State, the Sanitary District of Chicago,
counties, townships and cities in this State, and by school directors
pursuant to Section 19-2;
2. Bonds issued by any district in this State having authority to levy
taxes upon all taxable property within the district;
3. Mortgage notes or bonds issued by the Federal Housing Administrator,
or debentures issued by him;
4. Bonds or other obligations of National Mortgage Associations or the
Home Owners' Loan Corporation;
5. United States Government, State of Illinois and municipal securities
the payment of which is protected by the power to levy taxes (not including
special assessments) therefor.
He or they may exchange mortgages in default for bonds of the Home
Owners' Loan Corporation.
He or they may invest moneys in the operations and maintenance
fund of any school district in war bonds of the United States government
that are redeemable at the owner's option, in cases where building projects
cannot, by reason of material shortages or wartime priority restrictions,
currently be undertaken or completed. School funds held by the treasurer of
a district created by any special act shall be invested according to the
provisions of this Section.
(Source: P.A. 86-970.)
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105 ILCS 5/8-9
(105 ILCS 5/8-9) (from Ch. 122, par. 8-9)
Sec. 8-9.
Mortgages - Form.
Mortgages to secure the payment of money
loaned under the provisions of this Act may be in the following form:
I, A B, of the county of ...., State of ...., do hereby grant, convey and
transfer to the trustees of schools of township No. ...., Range No. ....,
in the County of ...., and State of Illinois, for the use of the
inhabitants of the township, the following described real estate:
(here insert premises), which real estate I declare to be in mortgage for
the payment of $...., loaned to me and for the payment of all
interest that may accrue thereon, to be computed at the rate of .... per
cent per year until paid. I agree to pay the above sum of
money in .... years from the date hereof, and to pay the interest on the
same annually, at the rate above stated. I further covenant that I have
a good and valid title to the estate, and that the same is free from all
incumbrance, and that I will pay all taxes and assessments which may be
levied on the real estate, and that I will give any additional security
that may at any time be required in writing by the board of trustees; and
if the real estate is sold to pay the debt or any part thereof, or for
any failure or refusal to comply with or perform the conditions or covenants
herein contained, I will deliver immediate possession of the premises.
It is further agreed by and between the parties that in the event a
complaint is filed in any court to foreclose this mortgage for non-payment
of either principal or interest, that the mortgagor will pay a reasonable
attorney's fee, and the same shall be included in the judgment and be taxed
as costs; and we, A B, and C, spouse of A B, hereby release all rights to
the premises which we may have by virtue of any homestead laws of this
State.
Dated (insert date).
A .... B ....................
C .... D ....................
The mortgage shall be acknowledged and recorded as is required by law
for other conveyances of real estate, the mortgagor paying the expenses of
acknowledgment and recording.
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/8-10
(105 ILCS 5/8-10) (from Ch. 122, par. 8-10)
Sec. 8-10.
Interest in default-Actions.
If default is made in the interest due upon money loaned by any township
treasurer, or in the payment of the principal, interest at the rate of 12
per cent per annum shall be charged upon the principal and interest from
the day of default, which interest shall be included in the assessment of
damages, or in the judgment in the suit or action brought upon the
obligation to enforce payment thereof, and interest at the rate of 12 per
cent per annum may be recovered in an action brought to recover interest
only. The township treasurer may bring appropriate actions in the name of
the trustees for the recovery of the interest when due and unpaid, without
suing for the principal, in whatever form secured.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-11
(105 ILCS 5/8-11) (from Ch. 122, par. 8-11)
Sec. 8-11.
Suit
when additional security not furnished.
If the trustees of schools require additional security for the payment
of money loaned, and such security is not given, the township treasurer
shall cause suit to be instituted for the recovery of the principal and
accrued interest to the date of judgment. Proof shall be made of such
requisitions.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-12
(105 ILCS 5/8-12) (from Ch. 122, par. 8-12)
Sec. 8-12.
Name
in which securities taken-Actions.
Bonds, mortgages, notes and other securities taken for money or other
property due, or to become due, to the trustees of schools for the
township, shall be made payable to them in their corporate name; and in
such name, suits, actions and complaints, and every description of legal
proceedings may be had for the recovery of money, breach of contracts and
for every legal liability which may at any time arise or exist, or upon
which a right of action shall accrue to the use of such corporation.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-13
(105 ILCS 5/8-13) (from Ch. 122, par. 8-13)
Sec. 8-13.
Statement of condition of funds.
On or before June 30, annually, the township treasurer shall deliver to
the county superintendent of schools a statement verified by his affidavit,
showing the exact condition of the township funds. Such statement shall
contain a description of all bonds, mortgages, notes and other securities,
held as principal of the township fund, giving names, dates, amounts, rates
of interest, when due, and other data necessary to a full understanding of
the condition of the funds.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-14
(105 ILCS 5/8-14) (from Ch. 122, par. 8-14)
Sec. 8-14.
Statements to trustees-Books, mortgages, etc., submitted for examination.
On the first Mondays in April and October of each year the township
treasurer shall submit to the trustees of schools a statement showing the
amounts of interest, rents, issues and profits on township lands and funds
that have accrued since their last regular meeting, and also the amount of
distributive funds on hand. He shall submit also to the trustees for their
examination all books, mortgages, bonds, notes and other evidences of
indebtedness held by him as treasurer of the township, and shall make such
other statements as the trustees may require.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/8-15
(105 ILCS 5/8-15) (from Ch. 122, par. 8-15)
Sec. 8-15.
Statement of district accounts.
The school treasurer shall furnish to the school board of the district
which he serves as treasurer a monthly reconciliation required by Section
8-6. The treasurer shall comply with any lawful demand the trustees or
school board, as the case may be, may make as to the verification of any
balance reported.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/8-16
(105 ILCS 5/8-16) (from Ch. 122, par. 8-16)
Sec. 8-16. School orders; Teacher's wages. The school treasurer shall pay out funds of the school district only
upon an order of the school board signed by the president and
clerk or secretary or by a majority of the board, except payment of the
obligations for Social Security taxes as required by the Social Security
Enabling Act and payment of recurring bills, such as utility bills, may be made upon a certification by the clerk or secretary
of the board of the amount of the obligation only. When an order issued
for the wages of a teacher is presented to the treasurer and is not paid
for want of funds, the treasurer shall endorse it over his signature,
"not paid for want of funds" with the date of presentation, and shall
make and keep a record of the endorsement. The order shall thereafter
bear interest at the rate, not exceeding the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the
contract, established by the school board of the district, until the
treasurer shall notify the clerk or secretary in writing that
he has funds to pay the order. Whenever the treasurer obtains sufficient
funds to pay any such order he shall set them aside for such purpose and
shall not use them to pay any other order until the order previously
presented and not paid is paid or otherwise discharged. The treasurer shall
make and keep a record of the notices and hold the funds necessary to pay
such order until it is presented. The order shall draw no interest after
notice is given to the clerk or secretary.
Nothing herein shall be construed to prevent the establishment of a
voucher system of expenditures as provided in Section 10-23.5 of this
Act.
With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond Acts are
and always have been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any provision of this
Act that may appear to be or to have been more restrictive than those Acts,
(ii) that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the supplementary authority
granted by the Omnibus Bond Acts are not invalid because of any provision
of this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 96-998, eff. 7-2-10.)
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105 ILCS 5/8-17
(105 ILCS 5/8-17) (from Ch. 122, par. 8-17)
Sec. 8-17.
Duties of treasurer.
(a) It is also the duty of the township
treasurer to:
1. Return to the county clerk, on or before the | | first Tuesday in October in each year, the certificate of tax levy made by each school board in his township.
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2. Pay all lawful orders issued by the school board
| | of any district in his township.
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3. Collect from the township and county collectors
| | the full amount of taxes levied by the school boards in his township.
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4. Examine the official records of each district in
| | the township on the first Mondays in April and October of each year.
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5. Keep a record account between districts when
| | pupils are transferred from one district to another.
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6. Give notice of the election of trustees, and in
| | case of the formation of a new school district, of the election of school directors or school board members.
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7. Give notice of any regular district election when
| | the directors or school board members fail or refuse to do so.
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8. Publish in some English language newspaper of his
| | county an annual statement of the finances of the township.
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9. Be responsible for receipts, disbursements and
| | investments arising out of the operation of the school district under his supervision.
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(b) The duties of the township treasurer set forth in subsection (a)
shall not be deemed or construed to extend or apply with respect to any
school district in his township which has withdrawn from the jurisdiction
and authority of the township trustees and from the jurisdiction and
authority of the township treasurer as provided in subsection (b) of
Section 5-1, nor to the school business, tax levies, tax revenues, payment
orders, records, elections, annual statements, receipts, disbursements,
investments or other financial or business activities or affairs of any
such school district or of the school board of any such district, other
than the duty to account in accordance with law for any balance of the
income from the permanent township fund required to be apportioned and
distributed to any such district pursuant to Section 5-17 after payment of
all valid claims as provided in that Section, and except as otherwise
provided with respect to the distribution and apportionment of funds
pursuant to Sections 15-31 and 19-28.
(Source: P.A. 86-1441.)
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105 ILCS 5/8-18
(105 ILCS 5/8-18) (from Ch. 122, par. 8-18)
Sec. 8-18.
District in two or more townships-Taxes-Treasurer.
When a district is composed of parts of two or more townships, any
treasurer not authorized to receive the taxes of the district shall notify
the school board of the amount of funds held by him to the credit of the
district, and the school board shall thereupon give the proper treasurer an
order for the funds.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-19
(105 ILCS 5/8-19) (from Ch. 122, par. 8-19)
Sec. 8-19.
Delivery of money, books, mortgages, etc.
to successor.
At the expiration of his term of office, or upon his removal or
resignation the school treasurer, or in case of his death, his
representatives shall deliver to his successor, all moneys, books,
mortgages, notes and securities, and all papers and documents in which the
district has any lawful interest.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-20
(105 ILCS 5/8-20) (from Ch. 122, par. 8-20)
Sec. 8-20.
Failure or refusal to perform duties.
The school treasurer who as such treasurer fails, neglects or refuses to
perform the duties imposed upon him by this Act, within the time or in the
manner prescribed, shall forfeit not less than ten dollars, nor more than
twenty-five dollars, of his pay as treasurer, which forfeiture shall be
enforced by the trustees or school board of the district as the case may
be. For any failure or refusal to perform all the duties required of the
treasurer by law, he shall be liable to the trustees of schools or school
board or their successors in office as the case may be, upon his official
bond, for all damages sustained, to be recovered by civil action by the
trustees or school board or their successors in office as the case may be,
for the use of the township or school district as the case may be, before
any court having jurisdiction of the amount of damages claimed; but if the
treasurer, in any failure or refusal, acted under and in conformity to a
requisition or order of the trustees of schools or a school board as the
case may be entered upon their minutes and subscribed by their president
and secretary or clerk, then, and in that case, the trustees of schools or
school board as the case may be or those voting for the requisition or
order, and not the treasurer shall be liable, jointly and severally, to the
inhabitants of the township or district as the case may be for such
damages, to be recovered by a civil action in the official name of the
county superintendent of schools, having supervision and control over the
district for the use of the townships or districts as the case may be:
provided that the school treasurer shall be liable for any part of the
judgment obtained against the trustees of schools or school board or
members thereof as the case may be which cannot be collected on account of
their insolvency.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/Art. 9
(105 ILCS 5/Art. 9 heading)
ARTICLE 9.
ELECTIONS
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105 ILCS 5/9-1
(105 ILCS 5/9-1) (from Ch. 122, par. 9-1)
Sec. 9-1.
Scope of article.
All school elections shall be governed
by the general election law of the State.
(Source: P.A. 81-1490.)
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105 ILCS 5/9-1.1
(105 ILCS 5/9-1.1) (from Ch. 122, par. 9-1.1)
Sec. 9-1.1.
Referenda.
Whenever a proposition or public question is
required to be submitted pursuant to this Act for approval or rejection
by the electorate at an election, the time and manner of conducting such
referendum shall be in accordance with the general election law of the State.
(Source: P.A. 81-1490.)
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105 ILCS 5/9-1.5 (105 ILCS 5/9-1.5) Sec. 9-1.5. Advisory referenda. By a vote of the majority of the members of the school board, the board may authorize an advisory question of public policy to be placed on the ballot at the next regularly scheduled election in the school district. The school board shall certify the question to the proper election authority, which must submit the question at an election in accordance with the Election Code, provided, however, that no such question may be submitted at a consolidated primary election.
(Source: P.A. 97-81, eff. 7-5-11.) |
105 ILCS 5/9-2
(105 ILCS 5/9-2) (from Ch. 122, par. 9-2)
Sec. 9-2.
Election Definitions.
As used in this Act in connection with elections of school officials and referenda:
(a) "Voter" or "Legal voter" or "elector" means a person qualified to
vote under the general election law.
(b) "Certify" and "certification", when used in connection with elections
of officers or referenda, refers to the certification in accordance with
the general election law of offices, candidates or propositions to county
clerks and boards of election commissioners for inclusion on the ballot at an election.
(c) "Submit" and "submission" when used in connection with a referendum
on a proposition or question refers to the submission to the voters in accordance
with the general election law of the proposition or question by county clerks
and boards of election commissioners.
(d) "Local election official" means the secretary of a board of
education, the secretary or clerk of a board of school directors, the
treasurer of a township board of school trustees, the secretary of township
land commissioners and the regional superintendent of schools with respect
to the various school officer elections and school referenda for which the
regional superintendent is assigned election duties pursuant to this Code.
(Source: P.A. 84-1338.)
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105 ILCS 5/9-5
(105 ILCS 5/9-5) (from Ch. 122, par. 9-5)
Sec. 9-5.
Election dates and terms of offices.
The dates
upon which school officer elections shall be held are
as established in the general election law. Members of boards of education
shall unless otherwise provided serve terms of 4 years.
If, at a regularly scheduled election, a proposition
is submitted to the voters of a district, as provided by a resolution
of the board, on the question of
whether board members should serve for 6 year terms and the proposition
receives the affirmative vote of those voting thereon, members of the board
of education shall thereafter serve for terms of 6 years.
(Source: P.A. 82-1014.)
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105 ILCS 5/9-10
(105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
Sec. 9-10. Candidates for office - nominating petitions. Candidates for
the office of school director shall be nominated by petition signed by at
least 25 voters or 5% of the voters, whichever is less, residing within
the district and filed with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located.
Nominations for members of boards of education, including non-high school
boards of education shall be made by a petition signed by at least 50 voters
or 10% of the voters, whichever is less, residing within the district and
shall be filed with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located. In addition
to the requirements of the general election law, the form of such petitions
shall be substantially as follows:
NOMINATING PETITIONS
(LEAVE OUT THE INAPPLICABLE PART.)
To the (County Clerk or County Board of Election Commissioners) .... of .... County:
We the undersigned, being (.... or more) (or 10% or more) (or 5% or more)
of the voters residing within said district, hereby petition that .... who
resides at .... in the (city or village) of .... in Township .... (or who
resides outside any city, village or incorporated town and in Township ....) in
said district shall be a candidate for the office of .... of the board of
education (or board of directors) (full term) (vacancy) to be voted for at the
election to be held on (insert date).
Name: .................. Address: ...................
In the designation of the name of a candidate on a petition for
nomination, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof may be used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition, then (i) the candidate's name on the petition must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in clause (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage to assume a spouse's surname, or dissolution of marriage or declaration of invalidity of marriage to assume a former surname. No other designation, such as a political slogan, as defined by Section 7-17 of the Election Code, title or degree, or nickname suggesting or implying possession of a title, degree or professional status, or similar information may be used in connection with the candidate's surname.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located a receipt
from the county clerk showing that the candidate has filed a statement of
economic interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the calendar year
in which his nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
All petitions for the nomination of members of a board of education shall
be filed with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located within the time provided for
by the general election law. The county clerk or the county board of election commissioners may have petition
forms available
for issuance to potential candidates, and may give notice of the petition
filing period by publication in a newspaper of general circulation within
the school district not less than 10 days prior to the first day of filing.
The county clerk or the county board of election commissioners shall make certification to the proper election authorities
in accordance with the general election law.
The county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located shall notify the candidates
for whom a petition for nomination is filed or the appropriate committee
of the obligations under the Campaign Financing Act as provided in the general
election law. Such notice
shall be given on a form prescribed by the State Board of Elections and
in accordance with the requirements of the general election law. The county clerk or county board of election commissioners
shall within 7 days of filing or on the last day for filing, whichever is
earlier, acknowledge to the petitioner in writing the office's acceptance of the
petition.
A candidate for membership on the board of education or for office as a
school director, who has petitioned for nomination to fill a full term and
to fill a vacant term to be voted upon at the same election, must withdraw
his or her petition for nomination from either the full term or the vacant
term by written declaration.
In all newly organized districts the petition for the nomination of
candidates
for members of the board of education at the first election shall be addressed
to and filed with the regional superintendent of schools in the manner herein
specified for the petitions for
members of a board of education. For such election the regional superintendent
shall fulfill all duties otherwise assigned to the secretary of the board
of education.
(Source: P.A. 98-115, eff. 7-29-13; 99-522, eff. 6-30-16.)
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105 ILCS 5/9-11
(105 ILCS 5/9-11) (from Ch. 122, par. 9-11)
Sec. 9-11.
Tax rate increase - notice of election - ballot.
In addition to the notice requirements of the general election law,
whenever a proposition to increase a school tax rate is submitted to be
voted upon by the voters of any district the notice of such election shall
include an estimate of the approximate amount of taxes extendible under
the maximum rate then in force and an estimate of the approximate amount
of taxes extendible under the proposed increased rate, such amounts being
computed upon the last known full, fair cash value; provided that any error,
miscalculation or inaccuracy in computing such amounts shall not invalidate
or affect the validity of any rate so increased. The board of directors
shall make such estimate and the secretary shall certify such amount to
the election authority as part of the certification of the proposition as
required by the general election law. Such estimate shall appear on the
ballot on which the proposition is printed, but shall not appear as a part
of the proposition.
(Source: P.A. 83-448.)
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105 ILCS 5/9-11.1
(105 ILCS 5/9-11.1) (from Ch. 122, par. 9-11.1)
Sec. 9-11.1.
The county clerk or the board of election commissioners, as the case may be, of the jurisdiction in which the principal office of the school district is located shall conduct a lottery to
determine the ballot order of candidates for full terms in the event of
any simultaneous petition filings. Such candidate lottery shall be conducted as follows:
All petitions filed by persons waiting in line as of 8:00 a.m. on the
first day for filing, or as of the normal opening hour of the office
involved on such day, shall be deemed simultaneously filed as of 8:00 a.m.
or the normal opening hour, as the case may be. Petitions filed by mail
and received after midnight of the first day for filing and in the first
mail delivery or pickup of that day shall be deemed simultaneously filed
as of 8:00 a.m. of that day or as of the normal opening hour of such day,
as the case may be. All petitions received thereafter shall be deemed
filed in the order of actual receipt. However, 2 or more petitions filed within the last hour of the filing deadline shall be deemed filed simultaneously.
Where 2 or more petitions are received simultaneously for the same office
as of 8:00 a.m. on the first day for petition filing, or as of the normal
opening hour of the office of the county clerk or the board of election commissioners, as the case may be, the county clerk or the board of election commissioners with whom such petitions are filed shall break ties and
determine the order of filing by means of a lottery or other fair and
impartial method of random selection. Such lottery shall be conducted
within 9 days following the last day for petition filing and shall be open
to the public. Seven days written notice of the time and place of conducting
such random selection shall be given
by the county clerk or the board of election commissioners to all candidates who filed their petitions
simultaneously and to each organization of citizens within the election
jurisdiction which was entitled, under the general election law, at the
next preceding election, to have pollwatchers present on
the day of election. The county clerk or the board of election commissioners shall post in a
conspicuous, open and public place, at the entrance of his or her office,
notice of the time and place of such lottery.
All candidates shall be certified in the order in which their petitions
have been filed and in the manner prescribed by Section 10-15 of the
general election law. Where candidates have filed simultaneously, they
shall be certified in the order prescribed by this Section and prior to
candidates who filed for the same office at a later time.
Where elections are conducted for unexpired terms, a second lottery to
determine ballot order shall be conducted for candidates who simultaneously
file petitions for such unexpired terms. Such lottery shall be conducted
in the same manner as prescribed by this Section for full term candidates.
(Source: P.A. 98-691, eff. 7-1-14.)
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105 ILCS 5/9-11.2
(105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
Sec. 9-11.2. For all school districts electing candidates to a board
of education in a manner other than at large, candidates not elected at
large who file
nominating petitions for a full term shall be grouped together by area of
residence as follows:
(1) by congressional townships, or
(2) according to incorporated or unincorporated areas.
For all school districts electing candidates to a board of education in a
manner other than at large, candidates not elected at large who file
nominating petitions for an
unexpired term shall be grouped together by area of residence as follows:
(1) by congressional townships, or
(2) according to incorporated or unincorporated areas.
Candidate
groupings by area of residence for unexpired terms shall precede the
candidate groupings by area of residence for full terms on the ballot.
In all instances, however,
the ballot order of each candidate grouping shall be determined by the
order of petition filing or lottery held pursuant to Section 9-11.1 in the
following manner:
The area of residence of the candidate determined to be first by order of
petition filing or by lottery shall be listed first among the candidate
groupings on the ballot. All other candidates from the same area of
residence will follow according to order of petition filing or the lottery.
The area of residence of the candidate determined to be second by the
order of petition filing or the
lottery shall be listed second among the candidate groupings on the ballot.
All other candidates from the same area of residence will follow according
to the order of petition filing or the lottery. The ballot order of
additional candidate groupings by area of residence shall be established in a
like manner.
In any school district that elects its board members according to area of
residence and that has one or more unexpired terms to be filled at an election,
the winner or winners of the unexpired term or terms shall be determined first
and independently of those running for full terms. The winners of the full
terms shall then be determined taking into consideration the areas of residence
of those elected to fill the unexpired term or terms.
"Area of Residence" means congressional township and
incorporated and
unincorporated territories.
"Affected school district" means either of the 2 entire elementary school
districts that are formed into a combined school district.
(Source: P.A. 93-1079, eff. 1-21-05; 94-1019, eff. 7-10-06.)
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105 ILCS 5/9-12
(105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
Sec. 9-12. Ballots for the election of school officers shall be in one
of the following forms:
(FORMAT 1
Ballot position for candidates shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1.
This format is used by Boards of School Directors. School Directors are
elected at large.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
(FORMAT 2
Ballot position for candidates shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1.
This format is used when school board members are elected at large.
Membership on the school board is not restricted by area of residence.
Types of school districts generally using this format are:
Common school districts;
Community unit and community consolidated school districts formed on or
after January 1, 1975;
Community unit school districts formed prior to January 1, 1975 that
elect board members at large and without restriction by area of residence
within the district under subsection (c) of Section 11A-8 (now repealed);
Community unit, community consolidated and combined school districts in which
more than 90% of the population is in one congressional township;
High school districts in which less than 15% of the taxable property is
located in unincorporated territory; and unit districts (OLD TYPE);
Combined school districts formed on or after July 1, 1983;
Combined school districts formed before July 1, 1983
and community consolidated school districts that elect board
members at large and without restriction by area of residence within the
district under subsection (c) of Section 11B-7 (now repealed).)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
(FORMAT 3
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by community unit, community consolidated and
combined school districts when the territory is less than 2 congressional
townships, or 72 square miles, but consists of more than one congressional
township, or 36 square miles, outside of the corporate limits of any city,
village or incorporated town within the school district. The School Code
requires that not more than 5 board members shall be selected from any
city, village or incorporated town in the school district. At least two
board members must reside in the unincorporated area of the school district.
Except for those community unit school districts formed before January 1,
1975 that elect board members at large and without restriction by area
of residence within the district under subsection (c) of Section 11A-8 (now repealed) and
except for combined school districts formed before July 1, 1983 and community
consolidated school districts that elect board members at large and without
restriction by area of residence within the district under subsection (c) of
Section 11B-7 (now repealed), this format applies to community unit and community consolidated
school districts formed prior to January 1, 1975 and combined school districts
formed prior to July 1, 1983.)
OFFICIAL BALLOT
Instructions to voter: The board of education shall be composed of
members from both the incorporated and the unincorporated area; not more
than 5 board members shall be selected from any city, village or incorporated
town.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, NOT MORE THAN .... MAY BE ELECTED FROM THE INCORPORATED AREAS.
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) ........................... ................... Area
( ) ........................... ( ) ........................... FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) ........................... ................... Area
( ) ........................... ( ) ...........................
(FORMAT 4
Ballot position for township areas shall be determined by the order of
petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed prior to
January 1, 1975 that elect board members at large and without restriction by
area of residence within the district under subsection (c) of Section 11A-8
(now repealed) and except for those combined school districts formed before July 1, 1983
and community consolidated school districts
that elect board members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7 (now repealed), this format
applies to community unit and community consolidated school
districts formed prior to January 1, 1975 and combined school districts
formed prior to July 1, 1983 when the territory of the school district is
greater than 2 congressional townships, or 72 square miles. This format
applies only when less than 75% of the population is in one congressional
township. Congressional townships of less than 100 inhabitants shall not
be considered for the purpose of such mandatory board representation. In
this case, not more than 3 board members may be selected from any one
congressional township.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of education is restricted
to a maximum of 3 members from any congressional township. ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL TOWNSHIP.
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
(Include each remaining congressional township in district as needed)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
(FORMAT 5
Ballot position for township areas shall be determined by the order of
petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed before January 1,
1975 that elect board members at large and without restriction by area of
residence within the district under subsection (c) of Section 11A-8 (now repealed) and except
for those combined school districts formed before July 1, 1983
and community consolidated school districts
that elect board
members at large and without restriction by area of residence within the
district under subsection (c) of Section 11B-7 (now repealed), this format is used by
community unit and community consolidated school
districts formed prior to January 1, 1975, and
combined school districts formed prior to July 1, 1983, when the territory
of the school district is
greater than 2 congressional townships, or 72 square miles and when at
least 75%, but not more than 90%, of the population resides in one
congressional township. In this case, 4 school board members shall be
selected from that one congressional township and the 3 remaining board
members shall be selected from the rest of the district. If a school district
from which school board members are to be selected is located in a county under
township organization and if the surveyed boundaries of a congressional
township from which one or more of those school board members is to be
selected, as described by township number and range, are coterminous with the
boundaries of the township as identified by the township name assigned to it as
a political subdivision of the State, then that township may be referred to on
the ballot by both its township name and by township number and
range.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of education is to consist
of 4 members from the congressional township that has at least 75% but not
more than 90% of the population, and 3 board members from the remaining
congressional townships in the school district. ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL TOWNSHIP.
FOR MEMBER OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
FROM (name)........ TOWNSHIP ..... RANGE .....
VOTE FOR ONE
( )..........................
( )..........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
..... shall be elected from (name)...... Township ..... Range
......
(name)....... TOWNSHIP ..... RANGE .....
( ) ............................
( ) ............................
VOTE FOR ....
...... board members shall be elected from the remaining
congressional townships.
The Remaining Congressional Townships
( ) ............................
( ) ............................
(FORMAT 6
Ballot position for candidates shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1.
This format is used by school districts in which voters have approved a
referendum to elect school board members by school board district. The
school district is then divided into 7 school board districts, each of
which elects one member to the board of education.)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
(-OR-) OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
REVERSE SIDE:
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
(Precinct name or number)
School District No. ......, ........... County, Illinois
Election Tuesday (insert date)
(facsimile signature of Election Authority)
(County)
(FORMAT 7
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 15% but less
than 30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least one board member
shall be a resident of the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voter: More than 15% but less than 30% of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least one board member shall be a
resident of the unincorporated areas.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) ........................... ................... Area
( ) ........................... ( ) ........................... FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) ........................... ................... Area
( ) ........................... ( ) ...........................
(FORMAT 7a
Ballot position for candidates shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 15% but less
than 30% of the taxable property is located in the unincorporated territory
of the school district and on the basis of existing board membership no
board member is required to be elected from the unincorporated area.)
OFFICIAL BALLOT
Instruction to voter: More than 15% but less than 30% of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least one board member shall be a
resident of the unincorporated areas.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED FROM ANY AREA OR AREAS.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
(FORMAT 8
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 30% of the
taxable property is located in the unincorporated territory of the school
district. In this case, at least two board members shall be residents of
the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least two board members shall be
residents of the unincorporated territory.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST 2 MEMBERS SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) ........................... ................... Area
( ) ........................... ( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) ........................... ................... Area
( ) ........................... ( ) ...........................
(FORMAT 8a
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 30% of the
taxable property is located in the unincorporated territory of the school
district. In this case, at least two board members shall be residents of
the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least two board members shall be
residents of the unincorporated territory.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) ........................... ................... Area
( ) ........................... ( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) ........................... ................... Area
( ) ........................... ( ) ...........................
(FORMAT 8b
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 30% of the
taxable property is located in the unincorporated territory of the school
district. In this case, at least two board members shall be residents of
the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least two board members shall be
residents of the unincorporated territory.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED FROM ANY AREA OR AREAS.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................... ( ) ........................... ( ) ........................... ( ) ........................... FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................... ( ) ........................... ( ) ........................... ( ) ...........................
(Source: P.A. 93-706, eff. 7-9-04; 93-1079, eff. 1-21-05; 94-1019, eff. 7-10-06.)
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105 ILCS 5/9-12.1
(105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
Sec. 9-12.1.
(a) On the reverse side of each ballot contained in Section
9-12, except the ballot under Format 6, shall be printed the following:
OFFICIAL BALLOT
..... County, Illinois
School District No. ...., ...... County, Illinois
Election Tuesday, (insert date)
(facsimile signature of the election authority)
(b) If 6-year terms have been adopted under Section 9-5, or if a ballot is
to be used to elect a member or members of a board of school directors or board
of education at the consolidated election held in April of 1999 or April of
2001 to a full term that is less than a 4-year term, appropriate
adjustments should be made to each ballot in Section 9-12. In the case of any
unexpired term each ballot format must indicate whether it is a 4-year or a
2-year unexpired term.
(Source: P.A. 90-637, eff. 7-24-98; 91-357, eff. 7-29-99.)
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105 ILCS 5/9-13
(105 ILCS 5/9-13) (from Ch. 122, par. 9-13)
Sec. 9-13.
Public measure - Ballot.
More than one public measure may be submitted upon the same ballot.
The proposition of purchasing one or more schoolhouse sites, building one
or more new schoolhouses, and issuing bonds for the purpose of borrowing
money to purchase one or more schoolhouse sites and to build one or more
new schoolhouses or make additions and improvements to existing school
buildings, may be combined into one or more propositions on the ballot.
No proposition under this Section which is substantially the same
shall be submitted more than once every 2 months, except where the
proposition is submitted as a consequence of a disaster, calamity or
other Act of God.
(Source: P.A. 81-1489.)
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105 ILCS 5/9-18
(105 ILCS 5/9-18)
Sec. 9-18. (Repealed).
(Source: P.A. 93-1079, eff. 1-21-05. Repealed by P.A. 95-141, eff. 8-13-07.)
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105 ILCS 5/9-22
(105 ILCS 5/9-22) (from Ch. 122, par. 9-22)
Sec. 9-22.
School board districts; changing manner of election.
A
school board may by resolution or shall, upon the petition of the lesser of
2,500 or 5% of the district's registered voters, order submitted to the
district's voters at a regular school election or at the general election, the
proposition for the election of board members by school board district, and the
proposition shall thereupon be certified by the board's secretary for
submission. If the proposition is approved by a majority of those voting on
the proposition, the board shall divide the school district into 7 school board
districts, each of which must be compact and contiguous and substantially equal
in population to each other district. The terms of office of the board members
incumbent at the time the proposition is adopted expire on the day of the next
regular school election, at which time one member shall be elected from each
school board district. In districts which have 4 year terms, those members
first elected after adoption of such a proposition shall, by lot, determine
3 to serve for 2 years and 4 for 4 years; their successors shall serve for
a 4 year term. In districts which have 6 year terms, those members first
elected after adoption of such a proposition shall, by lot, determine 3 to
serve for 2 years, 2 for 4 years and 2 for 6 years; their successors shall
serve for a 6 year term. Vacancies shall be filled as provided in Section
10-10.
In the year following each decennial census, the school board shall
reapportion the board districts to reflect the results of such census;
provided, that no decennial reapportionment shall be required in any school
district which elects its board members by school board district rather than at
large if: (i) on the effective date of this amendatory Act of 1990, such school
district last elected its board members by school board district at the
nonpartisan election in 1989; (ii) the terms of the board members so elected
were determined by lot after that election and prior to January 1, 1990; and
(iii) the population of each existing school board district in that school
district at the time of the decennial census is within 5% of
what would be the population in the corresponding school board district
that would result were the school board districts in that school district to
be reapportioned following that decennial census as otherwise required
by this paragraph. If reapportionment is required by this paragraph, the
school board districts shall be compact, contiguous and substantially equal in
population, and such reapportionment plan shall be completed and formally
approved by a majority of the members of the board not less than 90 days
before the last date established by law for the submission of nominating
petitions for the next school board election. At the same board meeting,
the board shall, publicly by lot, divide the board districts as equally as
possible into 2 groups. In school districts which have 4 year terms, board
members or their successors from one group shall be elected for successive
terms of 2 years, 4 years and 4 years; and members or their successors from
the second group shall be elected for successive terms of 4 years, 4 years
and 2 years. In school districts which have 6 year terms, board members or
their successors from one group shall be elected for successive terms of 4
years and 6 years; and members or their successors from the second group
shall be elected for successive terms of 6 years and 4 years.
In any school district in which the members of the school board are
elected by school board district rather than at large, the school board may
by resolution or shall, upon the petition of the lesser of 2,500 or 5% of
the school district's registered voters, order submitted to the school
district's voters at a regular school election or at the general election,
the proposition for the election of board members at large rather than by
school board district; and the proposition shall thereupon be certified by
the board's secretary for submission. If a majority of those voting at the
election in each school board district vote in favor of the proposition:
(i) the proposition to elect board members at large shall be deemed to have
passed, (ii) new members of the board shall be elected at large at the next
regular school election, and (iii) the terms of office of the board members
incumbent at the time the proposition is adopted shall expire when the new
board members that are elected at large have organized in accordance with
Section 10-16. In school districts that formerly elected their members by
school board district to successive terms not exceeding 4 years, the
members elected at large shall be elected for a term of 4 years, and in
school districts that formerly elected their members by school board
district to successive terms not exceeding 6 years, the members elected at
large shall be elected for a term of 6 years; provided, that in each case
the terms of the board members initially elected at large as provided in
this paragraph shall be staggered and determined in accordance with the
provisions of Sections 10-10 and 10-16.
(Source: P.A. 87-1139; 87-1210; 88-45.)
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105 ILCS 5/Art. 10
(105 ILCS 5/Art. 10 heading)
ARTICLE 10.
SCHOOL BOARDS
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105 ILCS 5/10-1
(105 ILCS 5/10-1) (from Ch. 122, par. 10-1)
Sec. 10-1. Board
of school directors.
(a) School districts having a population of fewer than 1000 inhabitants
and
not governed by any special act shall be governed by a board of school
directors to consist of 3 members who shall be elected in the manner
provided in Article 9 of this Act. In consolidated districts and in districts
in which the membership of the board of school directors is increased as
provided in subsection (b), 7 members
shall be so elected.
(b) Upon presentment to the board of school directors of a school district
having a population of fewer than 1,000 inhabitants of a petition signed by the
lesser of 5% or 25 of the registered voters of the district to increase the
membership of the district's board of school directors to 7 directors and to
elect a new 7-member board of school directors to replace the district's
existing board of 3 school directors, the clerk or secretary of the board of
school directors shall certify the proposition to the proper election
authorities for submission to the electors of the district at a regular
scheduled election in accordance with the general election law. If the
proposition is approved by a majority of those voting on the proposition, the
members of the board of school directors of that district thereafter shall be
elected in the manner provided by subsection (c) of Section 10-4.
(c) A board of school directors may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05.)
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105 ILCS 5/10-2
(105 ILCS 5/10-2) (from Ch. 122, par. 10-2)
Sec. 10-2.
Corporate powers.
The directors of each district shall be a body politic and corporate, by
the name of "school directors of district No. ...., county of .... and
State of Illinois," and by that name may sue and be sued in all courts and
places where judicial proceedings are had.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-3
(105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
Sec. 10-3. Eligibility of directors. Any person who, on the date of his
or her election, is a citizen of the United States, of the age of 18 years or
over, is a resident of the State and of the territory of the district for at
least one year immediately preceding his or her election, is a registered voter
as provided in the general election law, is not a school trustee or a school
treasurer, and is not a child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012 shall be eligible to the office of school director.
(Source: P.A. 97-1150, eff. 1-25-13.)
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105 ILCS 5/10-4
(105 ILCS 5/10-4) (from Ch. 122, par. 10-4)
Sec. 10-4.
Election of directors.
(a) In all districts, directors shall be elected in each odd-numbered
year, each for a term of 4 years.
(b) In consolidated districts where 5 directors
are elected in 1981 pursuant to the extension of terms provided by law for
transition to the consolidated election schedule under the general election
law, those directors elected shall, by lot, determine
2 of their number to serve 2 years and 3 to serve 4 years; their successors
shall serve for a 4 year term.
(c) If a proposition to increase the membership of a school district's
board of school directors to 7 directors and to elect a new 7-member board of
school directors to replace the district's existing board of 3 school directors
is approved by the electors of the district at a regular scheduled election as
provided in subsection (b) of Section 10-1, 7 members shall be elected at the
next regular school election, in the manner provided by Article 9, to serve as
the board of school directors of that district. The terms of office of the 3
members of the board of school directors serving at the time of the election of
the initial 7-member board of school directors shall expire when the 7 newly
elected members of the initial 7-member board of school directors assume office
and are organized as provided in Section 10-5. At their organizational
meeting, the initial members of the 7-member board of school directors shall by
lot determine 4 of their number to serve 4 year terms and 3 of their number to
serve 2 year terms. Their successors shall serve for a 4 year term.
(d) In all other districts, one school director
shall be elected in each district every
other odd-numbered year, and two school directors shall be elected in the
intervening odd-numbered years.
(e) When a vacancy occurs in the membership of any board
of school directors the remaining members shall,
within 30
days, fill the vacancy by appointment until the next regular school
election, or, upon their failure so to do, the regional superintendent
shall make such appointment within the next 30 days to fill the
vacancy as herein provided.
Upon the regional superintendent's failure
to fill the vacancy, the vacancy shall be filled at the next regularly
scheduled
election.
(Source: P.A. 90-757, eff. 8-14-98.)
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105 ILCS 5/10-5
(105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
Sec. 10-5. Organization of board - Report to treasurer and regional
superintendent of schools. Within 40 days after the regular election of
directors, the directors shall meet and organize by appointing one
of their number president and another as clerk, except that when directors
are elected at the consolidated elections in April of 1999 and April of 2001,
the directors shall meet and organize, in the manner provided by this Section,
within 7 days after the first Tuesday after the first Monday of November in
each of those 2 years. The clerk shall at once report
to the treasurer and regional superintendent of schools the names of the
president and clerk so appointed. Upon organizing itself as provided in this
Section, the board of school directors shall enter upon the discharge of its
duties. Terms of members are subject to Section 2A-54 of the Election Code,
except as otherwise limited by subsection (c) of Section 10-4.
(Source: P.A. 102-798, eff. 5-13-22.)
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105 ILCS 5/10-6
(105 ILCS 5/10-6) (from Ch. 122, par. 10-6)
Sec. 10-6.
Regular and special meetings.
The directors shall hold regular meetings at such times as they may
designate, and special meetings at the call of the president or of any 2
members. Public notice of meetings must be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act. No official business
shall be transacted by the directors except at a regular or a special
meeting. In consolidated districts and in districts electing a 7-member board
of school directors under subsection (c) of Section 10-4, 4 directors shall
constitute a
quorum for the transaction of business. In all other districts 2
directors shall constitute a quorum for
the transaction of business. If the president or clerk is absent from
any meeting or refuses to perform his duties, a president or clerk pro
tempore shall be appointed. At each regular and special meeting which
is open to the public, members of the public and employees of the district
shall be afforded time, subject to reasonable constraints, to comment to
or ask questions of the board. When the president or district superintendent
of schools receives a written correspondence from a resident within the
school district's territory, requesting the consideration of a matter before
the board, the author of the correspondence shall receive a formal written
statement from an appointed official of the board stating the board's position
on their request, no later than 60 days from the receipt of the correspondence
by the president or district superintendent of schools. The formal written
response from the board shall establish a meeting before the board or list
the reasons for denying the request.
(Source: P.A. 90-757, eff. 8-14-98.)
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105 ILCS 5/10-7
(105 ILCS 5/10-7) (from Ch. 122, par. 10-7)
Sec. 10-7. Secretary or clerk to record official acts - yeas and nays
on expenditures. The secretary or clerk shall keep in a punctual, orderly
and reliable manner a record of the official acts of the board which
shall be signed by the president and the secretary or clerk, and
submitted to the treasurer having custody of the funds of the district
for his inspection and approval at such times as the treasurer may require. On all
questions involving the expenditure of money, the yeas and nays shall be
taken and entered on the records of the proceedings of the board. The
secretary or clerk shall keep the minutes and, if the district is not
required to employ a superintendent, keep or cause to be kept the
financial records of the school district.
(Source: P.A. 96-998, eff. 7-2-10.)
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105 ILCS 5/10-8
(105 ILCS 5/10-8) (from Ch. 122, par. 10-8)
Sec. 10-8.
Report by secretary or clerk to treasurer.
On or before July 7 annually, the secretary or clerk shall report to
the treasurer having the custody of the funds of his district, such
statistics and other information in relation to the schools of his
district as the treasurer is required to include in his report to the
regional superintendent of schools.
(Source: P.A. 80-279.)
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105 ILCS 5/10-9
(105 ILCS 5/10-9) (from Ch. 122, par. 10-9)
Sec. 10-9. Interest of board member in contracts.
(a) No school board member shall be interested, directly or indirectly,
in his own name or in the name of any other person, association, trust or
corporation, in any contract, work or business of the district or in the
sale of any article, whenever the expense, price or consideration of the
contract, work, business or sale is paid either from the treasury or by any
assessment levied by any statute or ordinance. A school board member shall not be deemed interested if the board member is an employee of a business that is involved in the transaction of business with the school district, provided that the board member has no financial interests other than as an employee. No school board member
shall be interested, directly or indirectly, in the purchase of any
property which (1) belongs to the district, or (2) is sold for taxes or
assessments, or (3) is sold by virtue of legal process at the suit of
the district.
(b) However, any board member may provide materials, merchandise,
property, services or labor, if:
A. the contract is with a person, firm, partnership, | | association, corporation or cooperative association in which the board member has less than a 7 1/2% share in the ownership; and
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B. such interested board member publicly discloses
| | the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and
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C. such interested board member abstains from voting
| | on the award of the contract, though he shall be considered present for the purposes of establishing a quorum; and
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D. such contract is approved by a majority vote of
| | those board members presently holding office; and
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E. the contract is awarded after sealed bids to the
| | lowest responsible bidder if the amount of the contract exceeds $1500, or awarded without bidding if the amount of the contract is less than $1500; and
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F. the award of the contract would not cause the
| | aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation or cooperative association in the same fiscal year to exceed $25,000.
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(c) In addition to the above exemption, any board member may provide
materials, merchandise, property, services or labor if:
A. the award of the contract is approved by a
| | majority vote of the board provided that any such interested member shall abstain from voting; and
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B. the amount of the contract does not exceed $1,000;
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C. the award of the contract would not cause the
| | aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $2,000, except with respect to a board member of a school district in which the materials, merchandise, property, services, or labor to be provided under the contract are not available from any other person, firm, association, partnership, corporation, or cooperative association in the district, in which event the award of the contract shall not cause the aggregate amount of all contracts so awarded to that same person, firm, association, partnership, or cooperative association in the same fiscal year to exceed $5,000; and
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D. such interested member publicly discloses the
| | nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and
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E. such interested member abstains from voting on the
| | award of the contract, though he shall be considered present for the purposes of establishing a quorum.
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(d) In addition to exemptions otherwise authorized by this Section, any
board member may purchase for use as the board member's primary place of
residence a house constructed by the district's vocational education
students on the same basis that any other person would be entitled to
purchase the property. The sale of the house by the district must comply
with the requirements set forth in Section 5-22 of The School Code.
(e) A contract for the procurement of public utility services by a
district with a public utility company is not barred by this Section by
one or more members of the board being an officer or employee of the
public utility company or holding an ownership interest of no more than
7 1/2% in the public utility company, or holding an ownership interest of
any size if the school district has a population of less than 7,500 and
the public utility's rates are approved by the Illinois Commerce
Commission. An elected or appointed member of the board having such an
interest shall be deemed not to have a prohibited interest under this Section.
(f) Nothing contained in this Section, including the restrictions set
forth in subsections (b), (c), (d) and (e), shall preclude a contract of
deposit of monies, loans or other financial services by a school
district with a local bank or local savings and loan association,
regardless of whether a member or members of the governing body of the
school district are interested in such bank or savings and loan
association as an officer or employee or as a holder of less than 7 1/2%
of the total ownership interest. A member or members holding such an
interest in such a contract shall not be deemed to be holding a
prohibited interest for purposes of this Act. Such interested member or
members of the governing body must publicly state the nature and extent
of their interest during deliberations concerning the proposed award of
such a contract, but shall not participate in any further deliberations
concerning the proposed award. Such interested member or members shall
not vote on such a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of such
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any such contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the governing body of the school
district.
(g) Any school board member who violates this Section is guilty of a
Class 4 felony and in addition thereto any office held by such person so
convicted shall become vacant and shall be so declared as part of the
judgment of the court.
(Source: P.A. 96-998, eff. 7-2-10.)
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105 ILCS 5/10-10
(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
Sec. 10-10. Board of education; term; vacancy. All school districts
having a population of not fewer than 1,000 and not more than 500,000
inhabitants, as ascertained by any special or general census, and not
governed by special Acts, shall be governed by a board of education
consisting of 7 members, serving without compensation except as herein
provided. Each member shall be elected for a term of 4 years for the initial members
of the board of education of a combined school district to which that
subsection applies. If 5 members are elected in 1983 pursuant to the extension
of terms provided by
law for transition to the consolidated election schedule under the general
election law, 2 of those members shall be elected to serve terms of 2 years
and 3 shall be elected to serve terms of 4 years; their successors shall
serve for a 4 year term. When the voters of a district have voted to elect
members of the board of education for 6 year terms, as provided in Section
9-5, the terms of office of members of the board of education of that
district expire when their successors assume office but not later than 7
days after such election. If at the regular school election held in the
first odd-numbered year after the determination to elect members for 6 year
terms 2 members are elected, they shall serve for a 6 year term; and of the
members elected at the next regular school election 3 shall serve for a
term of 6 years and 2 shall serve a term of 2 years. Thereafter members
elected in such districts shall be elected to a 6 year term. If at the
regular school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 3 members are elected, they
shall serve for a 6 year term; and of the members elected at the next
regular school election 2 shall serve for a term of 2 years and 2 shall
serve for a term of 6 years. Thereafter members elected in such districts
shall be elected to a 6 year term. If at the regular school election held
in the first odd-numbered year after the determination to elect members for
6 year terms 4 members are elected, 3 shall serve for a term of 6 years and
one shall serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years and 2 shall
serve for terms of 2 years. Thereafter members elected in such districts
shall be elected to a 6 year term. If at the regular school election held
in the first odd-numbered year after the determination to elect members for
a 6 year term 5 members are elected, 3 shall serve for a term of 6 years
and 2 shall serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years and 2 shall
serve for terms of 2 years. Thereafter members elected in such districts
shall be elected to a 6 year term. An election for board members shall not
be held in school districts which by consolidation, annexation or otherwise
shall cease to exist as a school district within 6 months after the
election date, and the term of all board members which would otherwise
terminate shall be continued until such district shall cease to exist. Each
member, on the date of his or her election, shall be a
citizen of the United
States of the age of 18 years or over, shall be a resident of the State and
the
territory of the district for at least one year immediately preceding his or
her
election, shall be a registered voter as provided in the general election
law,
shall not be a school trustee, must not have been removed from a school board pursuant to Section 2-3.25f-5 of this Code (unless subsequently appointed as a member of an Independent Authority or if it has been 10 years since the abolition of the Independent Authority in the district), and shall not be a child
sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012. When the board of
education is the successor of the school directors, all rights of property,
and all rights regarding causes of action existing or vested in such
directors, shall vest in it as fully as they were vested in the school
directors. Terms of members are subject to Section 2A-54 of the Election Code.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located a receipt
from the county clerk showing that the candidate has filed a statement of
economic interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the calendar year
in which his nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
Whenever a vacancy occurs, the remaining members shall notify the
regional superintendent of that vacancy within 5 days after its occurrence
and shall proceed to fill the vacancy until the next regular school
election, at which election a successor shall be elected to serve the
remainder of the unexpired term. However, if the vacancy occurs with less
than 868 days remaining in the term, or if the vacancy occurs
less than 88
days before the next regularly scheduled election for this office then the
person so appointed shall serve the remainder of the unexpired term, and no
election to fill the vacancy shall be held. Should they fail so to
act, within 60 days after the vacancy occurs, the regional superintendent
of schools under whose supervision and control the district is operating,
as defined in Section 3-14.2 of this Act, shall within 30 days after the
remaining members have failed to fill the vacancy, fill the vacancy as
provided for herein. Upon the regional superintendent's failure to fill the
vacancy, the vacancy shall be filled at the next regularly scheduled
election. Whether elected or appointed by the remaining members or regional
superintendent, the successor shall be an inhabitant of the particular area
from which his or her predecessor was elected if the residential requirements
contained in Section 10-10.5 or 12-2 of this Code apply.
A board of education may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 101-67, eff. 1-1-20 .)
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105 ILCS 5/10-10.5 (105 ILCS 5/10-10.5) Sec. 10-10.5. Community unit school district or combined school district formation; school board election. (a) Except as otherwise provided in subsection (b) or (c) of this Section, for community unit school districts formed before January 1, 1975 and for combined school districts formed before July 1, 1983, the following provisions apply: (1) if the territory of the district is greater than | | 2 congressional townships or 72 square miles, then not more than 3 board members may be selected from any one congressional township, except that congressional townships of less than 100 inhabitants shall not be considered for the purpose of this mandatory board representation;
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| (2) if in the community unit school district or
| | combined school district at least 75% but not more than 90% of the population is in one congressional township, then 4 board members shall be selected from the congressional township and 3 board members shall be selected from the rest of the district, except that if in the community unit school district or combined school district more than 90% of the population is in one congressional township, then all board members may be selected from one or more congressional townships; and
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| (3) if the territory of any community unit school
| | district or combined school district consists of not more than 2 congressional townships or 72 square miles, but consists of more than one congressional township or 36 square miles, outside of the corporate limits of any city, village, or incorporated town within the school district, then not more than 5 board members may be selected from any city, village, or incorporated town in the school district.
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| (b)(1) The provisions of subsection (a) of this Section for mandatory board representation shall no longer apply to a community unit school district formed before January 1, 1975, to a combined school district formed before July 1, 1983, or to community consolidated school districts, and the members of the board of education shall be elected at large from within the school district and without restriction by area of residence within the district if both of the following conditions are met with respect to that district:
(A) A proposition for the election of board members
| | at large and without restriction by area of residence within the school district rather than in accordance with the provisions of subsection (a) of this Section for mandatory board representation is submitted to the school district's voters at a regular school election or at the general election as provided in this subsection (b).
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| (B) A majority of those voting at the election in
| | each congressional township comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition or two-thirds of all voters voting on the proposition vote in favor of the proposition.
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| (2) The school board may, by resolution, order
| | submitted or, upon the petition of the lesser of 2,500 or 5% of the school district's registered voters, shall order submitted to the school district's voters, at a regular school election or at the general election, the proposition for the election of board members at large and without restriction by area of residence within the district rather than in accordance with the provisions of subsection (a) of this Section for mandatory board representation; and the proposition shall thereupon be certified by the board's secretary for submission.
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| (3) If a majority of those voting at the election in
| | each congressional township comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition or if two-thirds of all voters voting on the proposition vote in favor of the proposition:
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| (A) the proposition to elect board members at
| | large and without restriction by area of residence within the district shall be deemed to have passed,
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| (B) new members of the board shall be elected at
| | large and without restriction by area of residence within the district at the next regular school election, and
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| (C) the terms of office of the board members
| | incumbent at the time the proposition is adopted shall expire when the new board members that are elected at large and without restriction by area of residence within the district have organized in accordance with Section 10-16.
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| (4) In a community unit school district, a combined
| | school district, or a community consolidated school district that formerly elected its members under subsection (a) of this Section to successive terms not exceeding 4 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 4 years, and in a community unit school district or combined school district that formerly elected its members under subsection (a) of this Section to successive terms not exceeding 6 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 6 years; provided that in each case the terms of the board members initially elected at large and without restriction by area of residence within the district as provided in this subsection (b) shall be staggered and determined in accordance with the provisions of Sections 10-10 and 10-16 of this Code.
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(c) If a school board fills a vacancy under Section 10-10 of this Code due to a lack of candidates for election in a congressional township in the most recent election, then the school board shall, by resolution, order submitted to the school district's voters at the next general election a proposition for the election of a board member at large without restriction by area of residence within the district and the proposition shall be certified by the school board's secretary for submission.
(Source: P.A. 99-91, eff. 1-1-16; 100-800, eff. 1-1-19 .)
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105 ILCS 5/10-11
(105 ILCS 5/10-11) (from Ch. 122, par. 10-11)
Sec. 10-11. Vacancies. Elective offices become vacant within the meaning of the Act, unless the
context indicates otherwise, on the happening of any of the following
events, before the expiration of the term of such office:
1. The death of the incumbent.
2. His or her resignation in writing filed with the | | Secretary or Clerk of the Board.
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3. His or her becoming a person under legal
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4. His or her ceasing to be an inhabitant of the
| | district for which he or she was elected.
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5. His or her conviction of an infamous crime, of any
| | offense involving a violation of official oath, or of a violent crime against a child.
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6. His or her removal from office.
7. The decision of a competent tribunal declaring his
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8. His ceasing to be an inhabitant of a particular
| | area from which he was elected, if the residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code are violated.
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No elective office except as herein otherwise provided becomes vacant
until the successor of the incumbent of such office has been appointed or
elected, as the case may be, and qualified. The successor shall have the
same type of residential qualifications as his or her predecessor and, if the
residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code
apply, the successor, whether elected or appointed by the remaining members or
a regional superintendent, shall be an inhabitant of the particular area from
which his or her predecessor was elected.
(Source: P.A. 94-1019, eff. 7-10-06.)
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105 ILCS 5/10-12
(105 ILCS 5/10-12) (from Ch. 122, par. 10-12)
Sec. 10-12.
Quorum.
A majority of the full membership of the board of education shall
constitute a quorum. Unless otherwise provided, when a vote is taken upon
any measure before the board, a quorum being present, a majority of the
votes of the members voting on the measure shall determine the outcome
thereof.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-13
(105 ILCS 5/10-13) (from Ch. 122, par. 10-13)
Sec. 10-13.
President of board of education.
The president of the board of education shall be elected by the
members thereof from among their number and serve for 2 years, except
that the board by resolution may establish a policy for the term of office
to be one year.
He shall preside at all meetings and shall perform such duties as are
imposed upon him by law or by action of the board of education. If he is
absent from any meeting or refuses to perform his duties, a president
pro tempore shall be appointed. The vice-president of the board, if the
board elects such officer, shall be appointed the president pro tempore.
(Source: P.A. 84-497.)
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105 ILCS 5/10-13.1
(105 ILCS 5/10-13.1) (from Ch. 122, par. 10-13.1)
Sec. 10-13.1.
Vice-President of the board of education.
A
vice-president of the board of education shall be elected by the members
thereof from among their number and serve for 2 years, except that the
board by resolution may establish a policy for the term of office to be
one year.
The vice-president shall perform the duties of the president if there is
a vacancy in the office of president or in case of the president's absence
or inability to act, and other duties imposed upon him by the rules of
the board.
(Source: P.A. 85-839.)
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105 ILCS 5/10-14
(105 ILCS 5/10-14) (from Ch. 122, par. 10-14)
Sec. 10-14.
Secretary of board of education.
The secretary of the board of education shall be elected by the board
of education and may be a member thereof, who shall serve for 2 years,
except that the board by resolution may establish a policy for the term
of office to be one year. The secretary, if not a member of the board,
may receive such compensation as shall be fixed by the board of education
prior to the election of the secretary. If the secretary is a member of
the board, he or she may receive such compensation not to exceed $500 per
year as shall be fixed by the board and may vote on all questions coming before the board.
He shall perform the duties usually pertaining to his office, or to
the clerk of a board of directors, and such as are imposed on him by
law, or by action of the board of education. If he is absent from any
meeting or refuses to perform his duties, a secretary pro tempore who
may but need not be a member of the board shall be appointed.
(Source: P.A. 86-682.)
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105 ILCS 5/10-16
(105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
Sec. 10-16. Organization of Board. Within 40 days after the consolidated
election, other than the consolidated elections in 1999 and 2001, the
board shall organize by electing its officers and fixing a time and place
for the regular meetings. However, when school board members are elected at
the consolidated elections held in April of 1999 and April of 2001, the board
shall organize within 7 days after the first Tuesday after the first Monday of
November in each such year by electing officers and setting the time and place
of the regular meetings. Upon organizing itself as provided in this paragraph,
the board shall enter upon the discharge of its duties.
The regional superintendent of schools having supervision and control, as
provided in Section 3-14.2, of a new school
district that is governed by the School Code and formed on or after the
effective date of this amendatory Act of 1998 shall convene
the newly elected board within 7 days after the election of the board of
education of that district, whereupon
the board
shall proceed to organize by electing one of their number as
president and
electing a secretary, who may or may not be a member. At such meeting the
length of term of each of the members shall be determined by lot so that 4
shall serve for 4 years, and 3 for 2 years from the commencement of their
terms; provided, however, if such members were not elected at the
consolidated election in an odd-numbered year, such initial
terms shall be
extended to the consolidated election for school board
members immediately
following the expiration of the initial 4 or 2 year terms.
The provisions of this paragraph that relate to the determination of terms by
lot shall not apply to the initial members of the board of education of a
combined school district who are to be elected to unstaggered terms.
The terms of the
officers of a board of education shall be for 2 years, except that
the
terms of the officers elected at the organization meeting in November, 2001
shall expire at the organization meeting in April, 2003; provided that the
board by resolution may
establish a policy for the terms of office to be one year, and provide for
the election of officers.
Special meetings of the board of education may be called by the president
or by any 3 members of the board by giving notice thereof in writing, stating
the time, place and purpose of the meeting. Such notice may be served by
mail 48 hours before such meeting or by personal service 24 hours before
such meeting. Public notice of meetings must also be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act, as now or hereafter amended.
At each regular and special meeting which is open to the public, members
of the public and employees of the district shall be afforded time, subject
to reasonable constraints, to comment to or ask questions of the board.
The president or district superintendent shall, at each regular board
meeting, report any requests made of the district under provisions of the
Freedom of Information Act and shall report the status of the district's
response.
(Source: P.A. 102-798, eff. 5-13-22.)
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105 ILCS 5/10-16a (105 ILCS 5/10-16a) (Text of Section before amendment by P.A. 103-771 ) Sec. 10-16a. School board member's leadership training. (a) This Section applies to all school board members serving pursuant to Section 10-10 of this Code who have been elected after the effective date of this amendatory Act of the 97th General Assembly or appointed to fill a vacancy of at least one year's duration after the effective date of this amendatory Act of the 97th General Assembly. (a-5) In this Section, "trauma" has the meaning ascribed to that term in subsection (b) of Section 3-11 of this Code. (b) Every voting member of a school board of a school district elected or appointed for a term beginning after the effective date of this amendatory Act of the 97th General Assembly, within a year after the effective date of this amendatory Act of the 97th General Assembly or the first year of his or her first term, shall complete a minimum of 4 hours of professional development leadership training covering topics in education and labor law, financial oversight and accountability, fiduciary responsibilities of a school board member, and, beginning with the 2023-2024
school year, trauma-informed practices for students and staff. The school district shall maintain on its Internet website, if any, the names of all voting members of the school board who have successfully completed the training. (b-5) The training regarding trauma-informed practices for students and staff required by this
Section must include information that is relevant to and within the scope of the duties of a school board
member. Such information may include, but is not limited to: (1) the recognition of and care for trauma in | | (2) the relationship between staff wellness and
| | (3) the effect of trauma on student behavior and
| | (4) the prevalence of trauma among students,
| | including the prevalence of trauma among student populations at higher risk of experiencing trauma;
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| (5) the effects of implicit or explicit bias on
| | recognizing trauma among various student groups in connection with race, ethnicity, gender identity, sexual orientation, socio-economic status, and other relevant factors; and
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| (6) effective district and school practices that are
| | (A) prevent and mitigate the negative effect of
| | trauma on student behavior and learning; and
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| (B) support the emotional wellness of staff.
(c) The training on financial oversight, accountability, fiduciary responsibilities, and, beginning with the 2023-24 school year, trauma-informed
practices for students and staff may be provided by an association established under this Code for the purpose of training school board members or by other qualified providers approved by the State Board of Education, in consultation with an association so established.
(d) The State Board of Education may adopt rules that are necessary for the administration
of the provisions of this Section.
(Source: P.A. 102-638, eff. 1-1-23; 103-413, eff. 1-1-24 .)
(Text of Section after amendment by P.A. 103-771 )
Sec. 10-16a. School board member's training.
(a) This Section applies to all school board members serving pursuant to Section 10-10 of this Code.
(a-5) In this Section, "trauma" has the meaning ascribed to that term in subsection (b) of Section 3-11 of this Code.
(b) Every voting member of a school board of a school district, within the first year of his or her first term, shall complete a minimum of 4 hours of professional development and leadership training covering topics in education and labor law, financial oversight and accountability, fiduciary responsibilities of a school board member, trauma-informed practices for students and staff, and, improving student outcomes. The school district shall maintain on its Internet website, if any, the names of all voting members of the school board who have successfully completed the training.
(b-5) The training regarding trauma-informed practices for students and staff required by this Section must include information that is relevant to and within the scope of the duties of a school board member. Such information may include, but is not limited to:
(1) the recognition of and care for trauma in
| | (2) the relationship between staff wellness and
| | (3) the effect of trauma on student behavior and
| | (4) the prevalence of trauma among students,
| | including the prevalence of trauma among student populations at higher risk of experiencing trauma;
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| (5) the effects of implicit or explicit bias on
| | recognizing trauma among various student groups in connection with race, ethnicity, gender identity, sexual orientation, socio-economic status, and other relevant factors; and
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| (6) effective district and school practices that are
| | (A) prevent and mitigate the negative effect of
| | trauma on student behavior and learning; and
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| (B) support the emotional wellness of staff.
(b-10) The training regarding improving student outcomes required by this Section must include information that is relevant to and within the scope of the duties of a school board member.
(c) The training on financial oversight, accountability, fiduciary responsibilities, trauma-informed practices for students and staff, and improving student outcomes shall be provided by a statewide association established under this Code for the purpose of training school board members or by other qualified providers approved by the State Board of Education, in consultation with an association so established.
(d) The State Board of Education may adopt rules that are necessary for the administration of the provisions of this Section.
(Source: P.A. 102-638, eff. 1-1-23; 103-413, eff. 1-1-24; 103-771, eff. 6-1-25.)
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105 ILCS 5/10-16.5 (105 ILCS 5/10-16.5) Sec. 10-16.5. Oath of office. Each school board member, before taking his or her seat on the board, shall take an oath of office, administered as determined by the board, in substantially the following form: I, (name of member or successful candidate), do | | solemnly swear (or affirm) that I will faithfully discharge the duties of the office of member of the Board of Education (or Board of School Directors, as the case may be) of (name of school district), in accordance with the Constitution of the United States, the Constitution of the State of Illinois, and the laws of the State of Illinois, to the best of my ability.
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| I further swear (or affirm) that:
I shall respect taxpayer interests by serving as a
| | faithful protector of the school district's assets;
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| I shall encourage and respect the free expression of
| | opinion by my fellow board members and others who seek a hearing before the board, while respecting the privacy of students and employees;
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| I shall recognize that a board member has no legal
| | authority as an individual and that decisions can be made only by a majority vote at a public board meeting;
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| I shall abide by majority decisions of the board,
| | while retaining the right to seek changes in such decisions through ethical and constructive channels;
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| As part of the Board of Education (or Board of School
| | Directors, as the case may be), I shall accept the responsibility for my role in the equitable and quality education of every student in the school district;
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| I shall foster with the board extensive participation
| | of the community, formulate goals, define outcomes, and set the course for (name of school district);
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| I shall assist in establishing a structure and an
| | environment designed to ensure all students have the opportunity to attain their maximum potential through a sound organizational framework;
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| I shall strive to ensure a continuous assessment of
| | student achievement and all conditions affecting the education of our children, in compliance with State law;
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| I shall serve as education's key advocate on behalf
| | of students and our community's school (or schools) to advance the vision for (name of school district); and
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| I shall strive to work together with the district
| | superintendent to lead the school district toward fulfilling the vision the board has created, fostering excellence for every student in the areas of academic skills, knowledge, citizenship, and personal development.
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(Source: P.A. 100-1055, eff. 1-1-19 .)
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105 ILCS 5/10-16.7 (105 ILCS 5/10-16.7)
Sec. 10-16.7. School board duties with respect to superintendent. In addition to all other powers and duties enumerated in this Article, the school board shall make all employment decisions pertaining to the superintendent. The school board shall direct, through policy, the superintendent in his or her charge of the administration of the school district, including without limitation considering the recommendations of the superintendent concerning the budget, building plans, the locations of sites, the selection, retention, and dismissal of employees, and the selection of textbooks, instructional material, and courses of study. The school board shall evaluate the superintendent in his or her administration of school board policies and his or her stewardship of the assets of the district.
(Source: P.A. 94-881, eff. 6-20-06.) |
105 ILCS 5/10-16.9 (105 ILCS 5/10-16.9) Sec. 10-16.9. Bank reconciliation reports. School districts on the financial watch or warning list that are required to submit deficit reduction plans pursuant to Section 17-1 of this Code or that are certified in financial difficulty must transmit the bank reconciliation reports from the school treasurer as required pursuant to Section 8-6 of this Code to the State Board of Education quarterly. The State Board of Education shall establish the dates by which the reconciliation reports must be submitted and provide a template for those districts to utilize.
(Source: P.A. 97-429, eff. 8-16-11.) |
105 ILCS 5/10-16.11 (105 ILCS 5/10-16.11) Sec. 10-16.11. Payment of outstanding obligations of a Financial Oversight Panel. The school board of a district subject to a Financial Oversight Panel pursuant to Article 1H of this Code that, except for the existence of outstanding financial obligations of the Financial Oversight Panel, would be able to seek abolition of the Panel pursuant to Section 1H-115 of this Code may: (1) spend surplus district funds in an amount sufficient to liquidate the outstanding obligations of the Financial Oversight Panel or (2) issue funding bonds for such purpose as authorized by Sections 19-8 and 19-9 of this Code.
(Source: P.A. 97-429, eff. 8-16-11.) |
105 ILCS 5/10-17 (105 ILCS 5/10-17) (from Ch. 122, par. 10-17)
Sec. 10-17. Statement of affairs.
(a) In Class I or Class II county
school units the school board may use either a cash basis or accrual
system of accounting; however, any board so electing to use the accrual
system may not change to a cash basis without the permission of the
State Board of Education.
School Boards using either a cash basis or accrual system of
accounting shall maintain records showing the assets, liabilities and
fund balances in such minimum forms as may be prescribed by the
State Board of Education. Such boards shall make available to the public a
statement of the affairs of the district prior to December 1 annually by submitting the statement of affairs in
such form as may be prescribed by the State Board of Education for
posting on the State Board of Education's Internet website, by having
copies of the statement of affairs available in the main administrative office of the district, and by publishing in a newspaper of general circulation published in the school district an annual statement of affairs summary containing at a minimum all of the following information: (1) A summary statement of operations for all funds | | of the district, as excerpted from the statement of affairs filed with the State Board of Education. The summary statement must include a listing of all moneys received by the district, indicating the total amounts, in the aggregate, each fund of the district received, with a general statement concerning the source of receipts.
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| (2) Except as provided in subdivision (3) of this
| | subsection (a), a listing of all moneys paid out by the district where the total amount paid during the fiscal year exceeds $2,500 in the aggregate per person, giving the name of each person to whom moneys were paid and the total paid to each person.
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| (3) A listing of all personnel, by name, with an
| | annual fiscal year gross payment in the categories set forth in subdivisions 1 and 2 of subsection (c) of this Section.
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| In this Section, "newspaper of general circulation" means a newspaper of general circulation published in the school district, or, if no newspaper is published in the school district, a newspaper published in the county where the school district is located or, if no newspaper is published in the county, a newspaper published in the educational service region where the regional superintendent of schools has supervision and control of the school district. The submission to the State Board of Education shall include an assurance that the statement of affairs has been made available in the main administrative office of the school district and that the required notice has been published in accordance with this Section.
After December 15 annually, upon 10 days prior written notice to the school district, the State Board of Education may discontinue the processing of payments to the State Comptroller's office on behalf of any school district that is not in compliance with the requirements imposed by this Section. The State Board of Education shall resume the processing of payments to the State Comptroller's Office on behalf of the school district once the district is in compliance with the requirements imposed by this Section.
The State Board of Education must post, on or before January 15, all statements of affairs timely received from school districts.
(b) When any school district is the administrative district for several
school districts operating under a joint agreement as authorized by this
Code, no receipts or disbursements accruing, received or paid out
by that
school district as such an administrative district shall be included in
the statement of affairs of the district required by this Section.
However, that district shall have prepared and made available to the public, in accordance with subsection (a) of this Section, in the same
manner and subject to the same requirements as are provided in this
Section for the statement of affairs of that district, a statement
showing the cash receipts and disbursements by funds (or the revenue,
expenses and financial position, if the accrual system of accounting is
used) of the district as such administrative district, in the form
prescribed by the State Board of Education. The costs of
publishing the notice and summary of this separate statement
prepared by such an administrative
district shall be apportioned among and paid by the participating
districts in the same manner as other costs and expenses accruing to
those districts jointly.
School districts on a cash basis shall have prepared and made available to
the public, in accordance with subsection (a) of this Section, a
statement showing the cash receipts and disbursements by funds in the
form prescribed by the State Board of Education.
School districts using the accrual system of accounting shall have
prepared and made available to the public, in accordance with subsection (a) of this Section, a statement of
revenue
and expenses and a statement
of financial position in the form prescribed by the State Board of Education.
In Class II county school units such statement shall be prepared and
made available to the public, in accordance with subsection (a) of this Section, by the township treasurer of the
unit within which such
districts are located, except with respect to the school board of any
school district that no longer is subject to the jurisdiction and authority
of a township treasurer or trustees of schools of a township
because the district has withdrawn from the jurisdiction and authority of the
township treasurer and trustees of schools of the township or because
those offices have been abolished as provided in subsection (b) or
(c) of Section 5-1, and as to each such school district the statement
required by this Section shall be prepared and made available to the public, in accordance with subsection (a) of this Section, by the school
board of such district in the same manner as required for school boards of
school districts situated in Class I county school units.
(c) The statement of affairs required pursuant to this Section shall contain such information as may
be required by the State Board of Education, including:
1. Annual fiscal year gross payment for certificated
| | personnel to be shown by name, listing each employee in one of the following categories:
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(a) Under $25,000
(b) $25,000 to $39,999
(c) $40,000 to $59,999
(d) $60,000 to $89,999
(e) $90,000 and over
2. Annual fiscal year payment for non-certificated
| | personnel to be shown by name, listing each employee in one of the following categories:
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(a) Under $25,000
(b) $25,000 to $39,999
(c) $40,000 to $59,999
(d) $60,000 and over
3. In addition to wages and salaries all other moneys
| | in the aggregate paid to recipients of $1,000 or more, giving the name of the person, firm or corporation and the total amount received by each.
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4. Approximate size of school district in square
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5. Number of school attendance centers.
6. Numbers of employees as follows:
(a) Full-time certificated employees;
(b) Part-time certificated employees;
(c) Full-time non-certificated employees;
(d) Part-time non-certificated employees.
7. Numbers of pupils as follows:
(a) Enrolled by grades;
(b) Total enrolled;
(c) Average daily attendance.
8. Assessed valuation as follows:
(a) Total of the district;
(b) Per pupil in average daily attendance.
9. Tax rate for each district fund.
10. District financial obligation at the close of the
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(a) Teachers' orders outstanding;
(b) Anticipation warrants outstanding for each
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11. Total bonded debt at the close of the fiscal
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12. Percent of bonding power obligated currently.
13. Value of capital assets of the district
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(a) Land;
(b) Buildings;
(c) Equipment.
14. Total amount of investments each fund.
15. Change in net cash position from the previous
| | report period for each district fund.
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In addition to the above report, a report
of expenditures in the aggregate paid on behalf of recipients of $500 or
more, giving the name of the person, firm or corporation and the total
amount received by each shall be available in the school district office
for public inspection. This listing shall include all wages, salaries
and expenditures over $500 expended from any revolving fund maintained
by the district. Any resident of the school district may receive a copy
of this report, upon request, by paying a reasonable charge to defray
the costs of preparing such copy.
This Section does not apply to cities having a population exceeding
500,000.
(Source: P.A. 94-875, eff. 7-1-06.)
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105 ILCS 5/10-17a (105 ILCS 5/10-17a) Sec. 10-17a. State, school district, and school report cards; Expanded High School Snapshot Report. (1) By October 31, 2013 and October 31 of each subsequent school year, the State Board of Education, through the State Superintendent of Education, shall prepare a State report card, school district report cards, and school report cards, and shall by the most economical means provide to each school district in this State, including special charter districts and districts subject to the provisions of Article 34, the report cards for the school district and each of its schools. Because of the impacts of the COVID-19 public health emergency during school year 2020-2021, the State Board of Education shall have until December 31, 2021 to prepare and provide the report cards that would otherwise be due by October 31, 2021. 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 report cards for the school districts and each of its schools shall be prepared by December 31. (2) In addition to any information required by federal law, the State Superintendent shall determine the indicators and presentation of the school report card, which must include, at a minimum, the most current data collected and maintained by the State Board of Education related to the following: (A) school characteristics and student demographics, | | including average class size, average teaching experience, student racial/ethnic breakdown, and the percentage of students classified as low-income; the percentage of students classified as English learners, the number of students who graduate from a bilingual or English learner program, and the number of students who graduate from, transfer from, or otherwise leave bilingual programs; the percentage of students who have individualized education plans or 504 plans that provide for special education services; the number and the percentage of all students in grades kindergarten through 8, disaggregated by the student demographics described in this paragraph (A), in each of the following categories: (i) those who have been assessed for placement in a gifted education program or accelerated placement, (ii) those who have enrolled in a gifted education program or in accelerated placement, and (iii) for each of categories (i) and (ii), those who received direct instruction from a teacher who holds a gifted education endorsement; the number and the percentage of all students in grades 9 through 12, disaggregated by the student demographics described in this paragraph (A), who have been enrolled in an advanced academic program; the percentage of students scoring at the "exceeds expectations" level on the assessments required under Section 2-3.64a-5 of this Code; the percentage of students who annually transferred in or out of the school district; average daily attendance; the per-pupil operating expenditure of the school district; and the per-pupil State average operating expenditure for the district type (elementary, high school, or unit);
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| (B) curriculum information, including, where
| | applicable, Advanced Placement, International Baccalaureate or equivalent courses, dual credit courses, foreign language classes, computer science courses, school personnel resources (including Career Technical Education teachers), before and after school programs, extracurricular activities, subjects in which elective classes are offered, health and wellness initiatives (including the average number of days of Physical Education per week per student), approved programs of study, awards received, community partnerships, and special programs such as programming for the gifted and talented, students with disabilities, and work-study students;
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| (C) student outcomes, including, where applicable,
| | the percentage of students deemed proficient on assessments of State standards, the percentage of students in the eighth grade who pass Algebra, the percentage of students who participated in workplace learning experiences, the percentage of students enrolled in post-secondary institutions (including colleges, universities, community colleges, trade/vocational schools, and training programs leading to career certification within 2 semesters of high school graduation), the percentage of students graduating from high school who are college and career ready, the percentage of graduates enrolled in community colleges, colleges, and universities who are in one or more courses that the community college, college, or university identifies as a developmental course, and the percentage of students with disabilities under the federal Individuals with Disabilities Education Act and Article 14 of this Code who have fulfilled the minimum State graduation requirements set forth in Section 27-22 of this Code and have been issued a regular high school diploma;
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| (D) student progress, including, where applicable,
| | the percentage of students in the ninth grade who have earned 5 credits or more without failing more than one core class, a measure of students entering kindergarten ready to learn, a measure of growth, and the percentage of students who enter high school on track for college and career readiness;
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| (E) the school environment, including, where
| | applicable, high school dropout rate by grade level, the percentage of students with less than 10 absences in a school year, the percentage of teachers with less than 10 absences in a school year for reasons other than professional development, leaves taken pursuant to the federal Family Medical Leave Act of 1993, long-term disability, or parental leaves, the 3-year average of the percentage of teachers returning to the school from the previous year, the number of different principals at the school in the last 6 years, the number of teachers who hold a gifted education endorsement, the process and criteria used by the district to determine whether a student is eligible for participation in a gifted education program or advanced academic program and the manner in which parents and guardians are made aware of the process and criteria, the number of teachers who are National Board Certified Teachers, disaggregated by race and ethnicity, 2 or more indicators from any school climate survey selected or approved by the State and administered pursuant to Section 2-3.153 of this Code, with the same or similar indicators included on school report cards for all surveys selected or approved by the State pursuant to Section 2-3.153 of this Code, the combined percentage of teachers rated as proficient or excellent in their most recent evaluation, and, beginning with the 2022-2023 school year, data on the number of incidents of violence that occurred on school grounds or during school-related activities and that resulted in an out-of-school suspension, expulsion, or removal to an alternative setting, as reported pursuant to Section 2-3.162;
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| (F) a school district's and its individual schools'
| | balanced accountability measure, in accordance with Section 2-3.25a of this Code;
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| (G) the total and per pupil normal cost amount the
| | State contributed to the Teachers' Retirement System of the State of Illinois in the prior fiscal year for the school's employees, which shall be reported to the State Board of Education by the Teachers' Retirement System of the State of Illinois;
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| (H) for a school district organized under Article 34
| | of this Code only, State contributions to the Public School Teachers' Pension and Retirement Fund of Chicago and State contributions for health care for employees of that school district;
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| (I) a school district's Final Percent of Adequacy, as
| | defined in paragraph (4) of subsection (f) of Section 18-8.15 of this Code;
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| (J) a school district's Local Capacity Target, as
| | defined in paragraph (2) of subsection (c) of Section 18-8.15 of this Code, displayed as a percentage amount;
|
| (K) a school district's Real Receipts, as defined in
| | paragraph (1) of subsection (d) of Section 18-8.15 of this Code, divided by a school district's Adequacy Target, as defined in paragraph (1) of subsection (b) of Section 18-8.15 of this Code, displayed as a percentage amount;
|
| (L) a school district's administrative costs;
(M) whether or not the school has participated in the
| | Illinois Youth Survey. In this paragraph (M), "Illinois Youth Survey" means a self-report survey, administered in school settings every 2 years, designed to gather information about health and social indicators, including substance abuse patterns and the attitudes of students in grades 8, 10, and 12;
|
| (N) whether the school offered its students career
| | and technical education opportunities; and
|
| (O) beginning with the October 2024 report card, the
| | total number of school counselors, school social workers, school nurses, and school psychologists by school, district, and State, the average number of students per school counselor in the school, district, and State, the average number of students per school social worker in the school, district, and State, the average number of students per school nurse in the school, district, and State, and the average number of students per school psychologist in the school, district, and State.
|
| The school report card shall also provide information that allows for comparing the current outcome, progress, and environment data to the State average, to the school data from the past 5 years, and to the outcomes, progress, and environment of similar schools based on the type of school and enrollment of low-income students, special education students, and English learners.
As used in this subsection (2):
"Accelerated placement" has the meaning ascribed to that term in Section 14A-17 of this Code.
"Administrative costs" means costs associated with executive, administrative, or managerial functions within the school district that involve planning, organizing, managing, or directing the school district.
"Advanced academic program" means a course of study, including, but not limited to, accelerated placement, advanced placement coursework, International Baccalaureate coursework, dual credit, or any course designated as enriched or honors, that a student is enrolled in based on advanced cognitive ability or advanced academic achievement compared to local age peers and in which the curriculum is substantially differentiated from the general curriculum to provide appropriate challenge and pace.
"Computer science" means the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. "Computer science" does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet.
"Gifted education" means educational services, including differentiated curricula and instructional methods, designed to meet the needs of gifted children as defined in Article 14A of this Code.
For the purposes of paragraph (A) of this subsection (2), "average daily attendance" means the average of the actual number of attendance days during the previous school year for any enrolled student who is subject to compulsory attendance by Section 26-1 of this Code at each school and charter school.
(2.5) For any school report card prepared after July 1, 2025, for all high school graduation completion rates that are reported on the school report card as required under this Section or by any other State or federal law, the State Superintendent of Education shall also report the percentage of students who did not meet the requirements of high school graduation completion for any reason and, of those students, the percentage that are classified as students who fulfill the requirements of Section 14-16 of this Code.
The State Superintendent shall ensure that for the 2023-2024 school year there is a specific code for districts to report students who fulfill the requirements of Section 14-16 of this Code to ensure accurate reporting under this Section.
All reporting requirements under this subsection (2.5) shall be included on the school report card where high school graduation completion rates are reported, along with a brief explanation of how fulfilling the requirements of Section 14-16 of this Code is different from receiving a regular high school diploma.
(3) At the discretion of the State Superintendent, the school district report card shall include a subset of the information identified in paragraphs (A) through (E) of subsection (2) of this Section, as well as information relating to the operating expense per pupil and other finances of the school district, and the State report card shall include a subset of the information identified in paragraphs (A) through (E) and paragraph (N) of subsection (2) of this Section. The school district report card shall include the average daily attendance, as that term is defined in subsection (2) of this Section, of students who have individualized education programs and students who have 504 plans that provide for special education services within the school district.
(4) Notwithstanding anything to the contrary in this Section, in consultation with key education stakeholders, the State Superintendent shall at any time have the discretion to amend or update any and all metrics on the school, district, or State report card.
(5) Annually, no more than 30 calendar days after receipt of the school district and school report cards from the State Superintendent of Education, each school district, including special charter districts and districts subject to the provisions of Article 34, shall present such report cards at a regular school board meeting subject to applicable notice requirements, post the report cards on the school district's Internet web site, if the district maintains an Internet web site, make the report cards available to a newspaper of general circulation serving the district, and, upon request, send the report cards home to a parent (unless the district does not maintain an Internet web site, in which case the report card shall be sent home to parents without request). If the district posts the report card on its Internet web site, the district shall send a written notice home to parents stating (i) that the report card is available on the web site, (ii) the address of the web site, (iii) that a printed copy of the report card will be sent to parents upon request, and (iv) the telephone number that parents may call to request a printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8.
(7) As used in this subsection (7):
"Advanced coursework or programs" means any high school courses, sequence of courses, or class or grouping of students organized to provide more rigorous, enriched, advanced, accelerated, gifted, or above grade-level instruction. This may include, but is not limited to, Advanced Placement courses, International Baccalaureate courses, honors, weighted, advanced, or enriched courses, or gifted or accelerated programs, classrooms, or courses.
"Course" means any high school class or course offered by a school that is assigned a school course code by the State Board of Education.
"High school" means a school that maintains any of grades 9 through 12.
"Standard coursework or programs" means any high school courses or classes other than advanced coursework or programs.
By December 31, 2027 and by December 31 of each subsequent year, the State Board of Education, through the State Superintendent of Education, shall prepare a stand-alone report covering all public high schools in this State, to be referred to as the Expanded High School Coursework Snapshot Report. The State Board shall post the Report on the State Board's Internet website. Each school district with high school enrollment for the reporting year shall include on the school district's Internet website, if the district maintains an Internet website, a hyperlink to the Report on the State Board's Internet website titled "Expanded High School Coursework Snapshot Report". Hyperlinks under this subsection (7) shall be displayed in a manner that is easily accessible to the public.
The Expanded High School Coursework Snapshot Report shall include:
(A) a listing of all standard coursework or programs
| | that have high school student enrollment;
|
| (B) a listing of all advanced coursework or programs
| | that have high school student enrollment;
|
| (C) a listing of all coursework or programs that have
| | high school student enrollment by English learners;
|
| (D) a listing of all coursework or programs that have
| | high school student enrollment by students with disabilities;
|
| (E) data tables and graphs comparing advanced
| | coursework or programs enrollment with standard coursework or programs enrollment according to the following parameters:
|
| (i) the average years of experience of all
| | teachers in a high school who are assigned to teach advanced coursework or programs compared with the average years of experience of all teachers in the high school who are assigned to teach standard coursework or programs;
|
| (ii) the average years of experience of all
| | teachers in a high school who are assigned to teach coursework or programs that have high school enrollment by students with disabilities compared with the average years of experience of all teachers in the high school who are not assigned to teach coursework or programs that have high school student enrollment by students with disabilities;
|
| (iii) the average years of experience of all
| | teachers in a high school who are assigned to teach coursework or programs that have high school student enrollment by English learners compared with the average years of experience of all teachers in the high school who are not assigned to teach coursework or programs that have high school student enrollment by English learners;
|
| (iv) the number of high school teachers who
| | possess bachelor's degrees, master's degrees, or higher degrees and who are assigned to teach advanced coursework or programs compared with the number of teachers who possess bachelor's degrees, master's degrees, or higher degrees and who are assigned to teach standard coursework or programs;
|
| (v) the number of high school teachers who
| | possess bachelor's degrees, master's degrees, or higher degrees and who are assigned to teach coursework or programs that have high school student enrollment by students with disabilities compared with the number of teachers who possess bachelor's degrees, master's degrees, or higher degrees and who are not assigned to teach coursework or programs that have high school student enrollment by students with disabilities;
|
| (vi) the number of high school teachers who
| | possess bachelor's degrees, master's degrees, or higher degrees and who are assigned to teach coursework or programs that have high school student enrollment by English learners compared with the number of teachers who possess bachelor's degrees, master's degrees, or higher degrees and who are not assigned to teach coursework or programs that have high school student enrollment by English learners;
|
| (vii) the average student enrollment of advanced
| | coursework or programs offered in a high school compared with the average student enrollment of standard coursework or programs;
|
| (viii) the percentages of high school students,
| | by race, gender, and program student group, who are enrolled in advanced coursework or programs;
|
| (ix) (blank);
(x) (blank);
(xi) (blank);
(xii) (blank);
(xiii) (blank);
(xiv) the percentage of high school students, by
| | race, gender, and program student group, who earn the equivalent of a C grade or higher on a grade A through F scale in one or more advanced coursework or programs compared with the percentage of high school students, by race, gender, and program student group, who earn the equivalent of a C grade or higher on a grade A through F scale in one or more standard coursework or programs;
|
| (xv) (blank);
(xvi) (blank); and
(F) data tables and graphs for each race and
| | ethnicity category and gender category describing:
|
| (i) the total student number and student
| | percentage for Advanced Placement courses taken by race and ethnicity category and gender category;
|
| (ii) the total student number and student
| | percentage for International Baccalaureate courses taken by race and ethnicity category and gender category;
|
| (iii) (blank);
(iv) (blank); and
(v) the total student number and student
| | percentage of high school students who earn a score of 3 or higher on the Advanced Placement exam associated with an Advanced Placement course.
|
| For data on teacher experience and education under this subsection (7), a teacher who teaches a combination of courses designated as advanced coursework or programs, courses or programs that have high school student enrollment by English learners, or standard coursework or programs shall be included in all relevant categories and the teacher's level of experience shall be added to the categories.
(Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff. 7-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263, eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24; 103-605, eff. 7-1-24; 103-780, eff. 8-2-24.)
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105 ILCS 5/10-18
(105 ILCS 5/10-18) (from Ch. 122, par. 10-18)
Sec. 10-18.
Orders.
Every order issued by the school board shall state for what purposes
or on what account it is issued, and shall be in the following form:
$.... State of Illinois, (insert date)
THE TREASURER
(Insert name)
Of School District No. .... in .... County,
Pay to the order of .... the sum of .... Dollars, for . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By order of the School Board of
District No. ...., in said County.
Order No. ....
...................President
........Clerk (or Secretary)
An order paid in full and properly endorsed shall be a sufficient
receipt for the purposes of this Act. The school board shall issue no
order, except for teachers' wages, unless at the time there are sufficient
funds in the hands of the treasurer to pay it.
(Source: P.A. 91-357, eff. 7-29-99 .)
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105 ILCS 5/10-19
(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
Sec. 10-19. Length of school term - experimental programs. Each school
board shall annually prepare a calendar for the school term, specifying
the opening and closing dates and providing a minimum term of at least 185
days to insure 176 days of actual pupil attendance, computable under Section 10-19.05, except that for the 1980-1981 school year only 175 days
of actual
pupil attendance shall be required because of the closing of schools pursuant
to Section 24-2 on January 29, 1981 upon the appointment by the President
of that day as a day of thanksgiving for the freedom of the Americans who
had been held hostage in Iran. Any days allowed by law for teachers' institutes
but not used as such or used as parental institutes as provided
in Section 10-22.18d shall increase the minimum term by the school days not
so used. Except as provided in Section 10-19.1, the board may not extend
the school term beyond such closing date unless that extension of term is
necessary to provide the minimum number of computable days. In case of
such necessary extension school employees
shall be paid for such additional time on the basis of their regular
contracts. A school board may specify a closing date earlier than that
set on the annual calendar when the schools of the district have
provided the minimum number of computable days under this Section.
Nothing in this Section prevents the board from employing
superintendents of schools, principals and other nonteaching personnel
for a period of 12 months, or in the case of superintendents for a
period in accordance with Section 10-23.8, or prevents the board from
employing other personnel before or after the regular school term with
payment of salary proportionate to that received for comparable work
during the school term. Remote learning days, blended remote learning days, and up to 5 remote and blended remote learning planning days established under Section 10-30 or 34-18.66 shall be deemed pupil attendance days for calculation of the length of a school term under this Section.
A school board may make such changes in its calendar for the school term
as may be required by any changes in the legal school holidays prescribed
in Section 24-2. A school board may make changes in its calendar for the
school term as may be necessary to reflect the utilization of teachers'
institute days as parental institute days as provided in Section 10-22.18d.
The calendar for the school term and any changes must be submitted to and approved by the regional superintendent of schools before the calendar or changes may take effect.
With the prior approval of the State Board of Education and subject
to review by the State Board of Education every 3 years, any school
board may, by resolution of its board and in agreement with affected
exclusive collective bargaining agents, establish experimental
educational programs, including but not limited to programs for e-learning days as authorized under Section 10-20.56 of this Code,
self-directed learning, or outside of formal class periods, which programs
when so approved shall be considered to comply with the requirements of
this Section as respects numbers of days of actual pupil attendance and
with the other requirements of this Act as respects courses of instruction.
(Source: P.A. 100-465, eff. 8-31-17; 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)
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105 ILCS 5/10-19.05 (105 ILCS 5/10-19.05) Sec. 10-19.05. Daily pupil attendance calculation. (a) Except as otherwise provided in this Section, for a pupil of legal school age and in kindergarten or any of grades 1 through 12, a day of attendance shall be counted only for sessions of not less than 5 clock hours of school work per day under direct supervision of (i) teachers or (ii) non-teaching personnel or volunteer personnel when engaging in non-teaching duties and supervising in those instances specified in subsection (a) of Section 10-22.34 and paragraph 10 of Section 34-18. Days of attendance by pupils through verified participation in an e-learning program adopted by a school board and verified by the regional office of education or intermediate service center for the school district under Section 10-20.56 of this Code shall be considered as full days of attendance under this Section. (b) A pupil regularly enrolled in a public school for only a part of the school day may be counted on the basis of one-sixth of a school day for every class hour of instruction of 40 minutes or more attended pursuant to such enrollment, unless a pupil is enrolled in a block-schedule format of 80 minutes or more of instruction, in which case the pupil may be counted on the basis of the proportion of minutes of school work completed each day to the minimum number of minutes that school work is required to be held that day. (c) A session of 4 or more clock hours may be counted as a day of attendance upon certification by the regional superintendent of schools and approval by the State Superintendent of Education to the extent that the district has been forced to use daily multiple sessions. (d) A session of 3 or more clock hours may be counted as a day of attendance (1) when the remainder of the school day or at least 2 hours in the evening of that day is utilized for an in-service training program for teachers, up to a maximum of 10 days per school year, provided that a district conducts an in-service training program for teachers in accordance with Section 10-22.39 of this Code, or, in lieu of 4 such days, 2 full days may be used, in which event each such day may be counted as a day required for a legal school calendar pursuant to Section 10-19 of this Code; (2) when, of the 5 days allowed under item (1), a maximum of 4 days are used for parent-teacher conferences, or, in lieu of 4 such days, 2 full days are used, in which case each such day may be counted as a calendar day required under Section 10-19 of this Code, provided that the full-day, parent-teacher conference consists of (i) a minimum of 5 clock hours of parent-teacher conferences, (ii) both a minimum of 2 clock hours of parent-teacher conferences held in the evening following a full day of student attendance and a minimum of 3 clock hours of parent-teacher conferences held on the day immediately following evening parent-teacher conferences, or (iii) multiple parent-teacher conferences held in the evenings following full days of student attendance in which the time used for the parent-teacher conferences is equivalent to a minimum of 5 clock hours; and (3) when days in addition to those provided in items (1) and (2) are scheduled by a school pursuant to its school improvement plan adopted under Article 34 or its revised or amended school improvement plan adopted under Article 2, provided that (i) such sessions of 3 or more clock hours are scheduled to occur at regular intervals, (ii) the remainder of the school days in which such sessions occur are utilized for in-service training programs or other staff development activities for teachers, and (iii) a sufficient number of minutes of school work under the direct supervision of teachers are added to the school days between such regularly scheduled sessions to accumulate not less than the number of minutes by which such sessions of 3 or more clock hours fall short of 5 clock hours. Days scheduled for in-service training programs, staff development activities, or parent-teacher conferences may be scheduled separately for different grade levels and different attendance centers of the district. (e) A session of not less than one clock hour of teaching hospitalized or homebound pupils on-site or by telephone to the classroom may be counted as a half day of attendance; however, these pupils must receive 4 or more clock hours of instruction to be counted for a full day of attendance. (f) A session of at least 4 clock hours may be counted as a day of attendance for first grade pupils and pupils in full-day kindergartens, and a session of 2 or more hours may be counted as a half day of attendance by pupils in kindergartens that provide only half days of attendance. (g) For children with disabilities who are below the age of 6 years and who cannot attend 2 or more clock hours because of their disability or immaturity, a session of not less than one clock hour may be counted as a half day of attendance; however, for such children whose educational needs require a session of 4 or more clock hours, a session of at least 4 clock hours may be counted as a full day of attendance. (h) A recognized kindergarten that provides for only a half day of attendance by each pupil shall not have more than one half day of attendance counted in any one day. However, kindergartens may count 2 and a half days of attendance in any 5 consecutive school days. When a pupil attends such a kindergarten for 2 half days on any one school day, the pupil shall have the following day as a day absent from school, unless the school district obtains permission in writing from the State Superintendent of Education. Attendance at kindergartens that provide for a full day of attendance by each pupil shall be counted the same as attendance by first grade pupils. Only the first year of attendance in one kindergarten shall be counted, except in the case of children who entered the kindergarten in their fifth year whose educational development requires a second year of kindergarten as determined under rules of the State Board of Education. (i) On the days when the State's final accountability assessment is administered under subsection (c) of Section 2-3.64a-5 of this Code, the day of attendance for a pupil whose school day must be shortened to accommodate required testing procedures may be less than 5 clock hours and shall be counted toward the 176 days of actual pupil attendance required under Section 10-19 of this Code, provided that a sufficient number of minutes of school work in excess of 5 clock hours are first completed on other school days to compensate for the loss of school work on the examination days. (j) Pupils enrolled in a remote educational program established under Section 10-29 of this Code may be counted on the basis of a one-fifth day of attendance for every clock hour of instruction attended in the remote educational program, provided that, in any month, the school district may not claim for a student enrolled in a remote educational program more days of attendance than the maximum number of days of attendance the district can claim (i) for students enrolled in a building holding year-round classes if the student is classified as participating in the remote educational program on a year-round schedule or (ii) for students enrolled in a building not holding year-round classes if the student is not classified as participating in the remote educational program on a year-round schedule. (j-5) The clock hour requirements of subsections (a) through (j) of this Section do not apply if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. The State Superintendent of Education may establish minimum clock hour requirements under Sections 10-30 and 34-18.66 if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act. (k) Pupil participation in any of the following activities shall be counted toward the calculation of clock hours of school work per day: (1) Instruction in a college course in which a | | student is dually enrolled for both high school credit and college credit.
|
| (2) Participation in a Supervised Career
| | Development Experience, as defined in Section 10 of the Postsecondary and Workforce Readiness Act, or any work-based learning experience in which student participation and learning outcomes are directed by an educator licensed under Article 21B for assessment of competencies. Participation in a work-based learning experience may include, but is not limited to, scheduled events of State FFA associations, the National FFA Organization, and 4-H programs as part of organized competitions or exhibitions. The student and the student's parent or legal guardian shall be responsible for obtaining assignments missed while the student was participating in a Supervised Career Development Experience or other work-based learning experience pursuant to this paragraph (2) from the student's teacher.
|
| (3) Participation in a youth apprenticeship, as
| | jointly defined in rules of the State Board of Education and Department of Commerce and Economic Opportunity, in which student participation and outcomes are directed by an educator licensed under Article 21B for assessment of competencies. The student and the student's parent or legal guardian shall be responsible for obtaining assignments missed while the student was participating in a youth apprenticeship pursuant to this paragraph (3) from the student's teacher.
|
| (4) Participation in a blended learning program
| | approved by the school district in which course content, student evaluation, and instructional methods are supervised by an educator licensed under Article 21B.
|
|
(Source: P.A. 103-560, eff. 1-1-24 .)
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105 ILCS 5/10-19.1
(105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
Sec. 10-19.1. Full year school plan. (a) Any school district may, by resolution of its board, operate one or
more schools within the district on a full year school plan approved by
the State Board of Education.
Any board which operates under
this subsection (a) shall devise a plan so that a student's required attendance
in school shall be for a minimum term of 180 days of actual attendance,
including not more than 4 institute days, during a 12 month period, but
shall not exceed 185 days. Under such plan, no teacher shall be required
to teach more than 185 days. A calendar of 180 days may be established
with the approval of the State Board of Education.
(b) Any school board that operates one or more schools within the school district on a pilot full-year school plan under subsection (a-5) of Section 2-3.25f of this Code shall devise a plan so that a student's required attendance in school shall be for a minimum term of 215 days of actual attendance, including not more than 4 institute days, during a 12-month period. A calendar of 215 days may be established with the approval of the State Board of Education. (Source: P.A. 97-370, eff. 1-1-12.)
|
105 ILCS 5/10-19.2
(105 ILCS 5/10-19.2) (from Ch. 122, par. 10-19.2)
Sec. 10-19.2.
Full year feasibility study - grant - transitional
expenditure reimbursement.
Any school district, including special charter districts, may, by
resolution of its board, file an application with the State Board of Education
and, if approved, receive funds for
the purpose of conducting a study of the feasibility of operating one or
more schools within the district on a full year school plan pursuant to
Section 10-19.1. Such feasibility study shall include, but need not be
limited to, the educational program, building and space needs,
administrative and personnel costs, pupil distribution in the district,
community attitudes and transportation costs. The Board of Education of
any district which conducts a feasibility study pursuant to this Section
shall submit a final report to the State Board of Education upon completion
of the study or within one year after
receipt of funds, whichever occurs first.
School districts seeking State financial support to conduct
feasibility studies shall file applications with the State Board of Education
on forms provided by the State
Board.
The State Board of Education may grant or deny applications,
in whole or in part,
and provide the funds necessary to implement approved applications,
provided that the total amount of funds necessary to implement approved
applications does not exceed the annual appropriation for that purpose.
If, based upon the results of a full year feasibility study, a school
district determines that it will operate one or more schools within the
district in accordance with Section 10-19.1, the State Board of Education
may, pursuant to guidelines established by the
State Board, reimburse such district for expenditures resulting
from making
such transition, provided that no expenditure shall be reimbursed which
would have been incurred by a school district in the absence of a
changeover to a full year school program.
In the event any funds appropriated for transition reimbursement
during any fiscal year are insufficient for that purpose, payment shall
be made in the proportion that the total amount of such expenditures
bears to the total amount of money available for payment.
(Source: P.A. 81-1508.)
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105 ILCS 5/10-19.3
(105 ILCS 5/10-19.3) (from Ch. 122, par. 10-19.3)
Sec. 10-19.3.
Advertisements for employees during strikes.
No school
board shall advertise seeking to hire employees to replace employees on
strike without stating in such advertisement that a strike is in progress.
(Source: P.A. 84-468.)
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105 ILCS 5/10-20
(105 ILCS 5/10-20) (from Ch. 122, par. 10-20)
Sec. 10-20.
Powers of school board.
The school board has the
powers enumerated in the Sections of this Article following
this Section. This enumeration of powers is
not exclusive, but the board may exercise all other powers not inconsistent
with this Act that may be requisite or proper for the maintenance, operation,
and development of any school or schools under the jurisdiction of the board.
This grant of powers does not release a school board from any duty imposed upon
it by this Act or any other law.
(Source: P.A. 88-670, eff. 12-2-94; 89-159, eff. 1-1-96.)
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105 ILCS 5/10-20.1
(105 ILCS 5/10-20.1) (from Ch. 122, par. 10-20.1)
Sec. 10-20.1.
Records to be retained.
To maintain records to substantiate all district claims for State aid
in accordance with regulations prescribed by the State Board of Education
and to retain such records for
a period of three
years.
(Source: P.A. 81-1508.)
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105 ILCS 5/10-20.2
(105 ILCS 5/10-20.2) (from Ch. 122, par. 10-20.2)
Sec. 10-20.2.
Report of teachers employed.
To report to the county superintendent within ten days after their
employment the names of all teachers employed, with the dates of the
beginning and end of their contracts.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-20.2b
(105 ILCS 5/10-20.2b)
Sec. 10-20.2b. (Repealed).
(Source: P.A. 85-611. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-20.3
(105 ILCS 5/10-20.3) (from Ch. 122, par. 10-20.3)
Sec. 10-20.3.
Revenue to be provided.
To provide for the revenue necessary to maintain schools in their
districts.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-20.4
(105 ILCS 5/10-20.4) (from Ch. 122, par. 10-20.4)
Sec. 10-20.4.
District in two or more townships - Treasurer to receive taxes.
To determine, in case of a district which is situated in a Class
II county school unit and which is subject to the jurisdiction and
authority of the trustees of schools of a township but
composed of parts of two or more townships, which treasurer is to receive
the taxes of the district, and to notify the collectors in writing
accordingly.
(Source: P.A. 86-1441.)
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105 ILCS 5/10-20.5
(105 ILCS 5/10-20.5) (from Ch. 122, par. 10-20.5)
Sec. 10-20.5.
Rules.
To adopt and enforce all necessary rules for the management and
government of the public schools of their district. Rules adopted by the
school board shall be filed for public inspection in the administrative
office of the district.
(Source: P.A. 81-1003.)
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105 ILCS 5/10-20.5a
(105 ILCS 5/10-20.5a) (from Ch. 122, par. 10-20.5a)
Sec. 10-20.5a. Access to high school campus.
(a) For school districts maintaining grades 10 through 12,
to provide, on an equal
basis, and consistent with the federal Educational Rights and Privacy Act,
access to a high school campus and student directory
information
to the official recruiting representatives of
the armed forces of Illinois and the United States, and State public institutions of higher education for the purpose of informing
students of educational and career opportunities
if the board has provided such access to persons or groups whose purpose
is to acquaint students with educational or occupational opportunities
available
to them. The board is not required to give greater notice regarding the
right of access to recruiting representatives than is given to other persons
and groups.
In this Section, "directory information" means a high school student's
name, address, and telephone number.
(b) If a student or his or her parent or guardian submits a signed,
written request to the high school before the end of the student's sophomore
year (or if the student is a transfer student, by another time set
by the
high school) that indicates that the student or his or her parent or
guardian does
not want the student's directory information to be provided to official
recruiting representatives under subsection (a) of this Section, the high
school may not provide access to the student's directory information to
these recruiting representatives. The high school shall notify its
students and their parents or guardians of the provisions of this
subsection (b).
(c) A high school may require official recruiting representatives of
the armed forces of Illinois and the United States to pay a fee for copying
and mailing a student's directory information in an amount that is not
more than the actual costs incurred by the high school.
(d) Information received by an official recruiting representative
under this Section may be used only to provide information to students
concerning educational and career opportunities
and may not be released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United States, or State institutions of higher education. (e) By January 1, 2024, student directory information shall be made electronically accessible through a secure centralized data system for official recruiting representatives of the armed forces of Illinois and the United States, and State public institutions of higher education.
(Source: P.A. 103-204, eff. 1-1-24 .)
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105 ILCS 5/10-20.5b
(105 ILCS 5/10-20.5b) (from Ch. 122, par. 10-20.5b)
Sec. 10-20.5b. Tobacco prohibition. Each school board shall prohibit
the use of tobacco on school property by any school personnel, student, or
other person when such property is being used for
any school purposes. The school board may
not authorize or permit any
exception to or exemption from the prohibition at any place or at any time,
including, without limitation, outside of school buildings or before or after the
regular school day or on days when school is not in session. "School purposes" includes, but is not limited to,
all events or activities or other use of school property that the school
board or school officials authorize or permit on school property, including,
without limitation,
all interscholastic or extracurricular athletic, academic, or other events
sponsored by the school board or in which pupils of the district
participate. For purposes of this Section "tobacco" shall mean a cigarette, a
cigar, or tobacco in any other form, including smokeless tobacco which is
any loose, cut, shredded, ground, powdered, compressed, or leaf tobacco that
is intended to be placed in the mouth without being smoked.
(Source: P.A. 102-558, eff. 8-20-21.)
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105 ILCS 5/10-20.6
(105 ILCS 5/10-20.6) (from Ch. 122, par. 10-20.6)
Sec. 10-20.6. Maintain schools.
To maintain the public schools under their jurisdiction
as the good of the schools may require and in conformance with the code
authorized in Section 2-3.12.
(Source: P.A. 96-998, eff. 7-2-10.)
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105 ILCS 5/10-20.7
(105 ILCS 5/10-20.7) (from Ch. 122, par. 10-20.7)
Sec. 10-20.7.
Appoint teachers and fix salaries.
To appoint all teachers and fix the amount of their salaries, subject to
limitations set forth in this Act. In fixing salaries of certificated
employees, school boards shall make no discrimination on account of sex and
there shall be no loss in salary because of jury duty or because such
employee, pursuant to subpoena issued by the clerk of a court and served on
such employee, attends as a witness upon trial or to have his or her
deposition taken in any school related matter pending in court, except that the
board may make a deduction equal to the amount received for such jury duty
or for per diem fees which the employee is entitled to receive for
complying with such subpoena. Certified employees may be paid full salary
by the board when in the active service of this State, under orders of the
Commander-in-Chief, as members of the Illinois National Guard or Illinois
Naval Militia, provided that the board may deduct from such salary any
amounts received for such State service. A school board may at any time
after January 1 employ teachers for the school year beginning on the
following July 1.
(Source: P.A. 86-1366.)
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105 ILCS 5/10-20.7a
(105 ILCS 5/10-20.7a) (from Ch. 122, par. 10-20.7a)
Sec. 10-20.7a.
Minority recruitment policy.
To develop and implement,
by 1991, a policy of recruitment and hiring of minority teachers, other
certificated employees and non-certificated employees, including
custodians, lunch room staff and teacher aides.
(Source: P.A. 86-227.)
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105 ILCS 5/10-20.7b
(105 ILCS 5/10-20.7b) (from Ch. 122, par. 10-20.7b)
Sec. 10-20.7b.
Active military service.
Any certificated or
non-certificated employee of a school board who is a member of any reserve
component of the United States Armed Services, including the Illinois
National Guard, and who is mobilized to active military duty on or after
August 1, 1990, shall for each pay period beginning on or after August 1, 1990
continue to receive the same regular compensation that he receives or was
receiving as an employee of the school board at the time he is or was so
mobilized to active military duty, plus any health insurance and other
benefits he is or was receiving or accruing at that time, minus the amount of
his base pay for military service, for the duration of his active military
service.
Such active military duty shall not result in the loss or diminishment of
any employment benefit, service credit, or status accrued at the time the
duty commenced if the duty commenced on or after September 1, 2001.
In the event any provision of a collective bargaining agreement or any
school board or district policy covering any employee so ordered to active
duty is more generous than the provisions contained in this Section, the
collective bargaining agreement or school board or district policy shall
be controlling.
(Source: P.A. 92-660, eff. 7-16-02.)
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105 ILCS 5/10-20.8
(105 ILCS 5/10-20.8) (from Ch. 122, par. 10-20.8)
Sec. 10-20.8.
Branches of study, textbooks and apparatus.
To direct what branches of study shall be taught and what apparatus
shall be used. Subject to Article 28 of this Act, to direct what
textbooks shall be used and to enforce uniformity of textbooks in the
public schools; but not to maintain grades above the eighth unless such
grades were maintained during the school year ended June 30, 1959.
Notwithstanding any other provision of this Section or the School Code,
no school board may purchase any textbook for use in the public schools
from any textbook publisher that fails to furnish any computer diskettes as
required under Section 28-21.
(Source: P.A. 87-1071.)
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105 ILCS 5/10-20.9
(105 ILCS 5/10-20.9)
Sec. 10-20.9. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-20.9a
(105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
Sec. 10-20.9a. Final grade; promotion.
(a) Teachers shall
administer the approved
marking system or other approved means of evaluating pupil progress. The
teacher shall maintain the responsibility and right to determine grades and
other evaluations of students within the grading policies of the district
based upon his or her professional judgment of available criteria pertinent
to any given subject area or activity for which he or she is responsible.
District policy shall provide the procedure and reasons by and for which
a grade may be changed; provided that no grade or evaluation shall be
changed without notification to the teacher concerning the nature and
reasons for such change. If such a change is made, the person
making
the change shall assume such responsibility for determining the grade or
evaluation, and shall initial such change.
(b) School districts shall not promote students to the next
higher grade level based upon age or any other social reasons not related to
the academic performance of the students. On or before September 1, 1998,
school boards shall adopt and enforce a policy on promotion as they deem necessary to ensure that students
meet
local goals and objectives and can perform at the expected grade level prior to
promotion.
Decisions to promote or retain students in any classes shall be based on
successful completion of the curriculum, attendance, performance based on the assessments required under Section 2-3.64a-5 of this Code, the Iowa Test of Basic Skills, or
other testing or any other criteria established by the school board. Students
determined by the local district to not qualify for promotion to the next
higher grade shall be provided remedial assistance, which may include, but
shall not be limited to, a summer bridge program of no less than 90 hours,
tutorial sessions, increased or concentrated instructional time, modifications
to instructional materials, and retention in grade.
(c) No public high school of a school district shall withhold a student's grades, transcripts, or diploma because of an unpaid balance on the student's school account. At the end of each school year, the school district shall catalogue and report to the State Board of Education the total amount that remains unpaid by students due to the prohibition under this subsection (c). (d) On and after 3 years from the effective date of this amendatory Act of the 102nd General Assembly, subsection (c) is inoperative. (Source: P.A. 102-727, eff. 5-6-22.)
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105 ILCS 5/10-20.12
(105 ILCS 5/10-20.12) (from Ch. 122, par. 10-20.12)
Sec. 10-20.12. School year - School age. To establish and keep in
operation in each year during a school term of at least the minimum length
required by Section 10-19, a sufficient number of free schools for the
accommodation of all persons in the district who are 5 years of age or
older but under 21 years of age, and to secure for all such persons the
right and opportunity to an equal education in such schools; provided that (i)
children who will attain the age of 5 years on or before September 1 of the
year of the 1990-1991 school term and each school term thereafter may
attend school upon the commencement of such term and (ii) based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain the age of 6 years on or before December 31 of the year of the 2009-2010 school term and each school term thereafter may attend first grade upon commencement of such term. However, Section 33 of the Educational Opportunity for Military Children Act shall apply to children of active duty military personnel. Based upon an assessment
of a child's readiness to attend school, a school district may permit a
child to attend school prior to the dates contained in this Section. In any
school district operating on a full year school basis children who will
attain age 5 within 30 days after the commencement of a term may attend
school upon the commencement of such term and, based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain age 6 within 4 months after the commencement of a term may attend first grade upon the commencement of such term. The school district may, by
resolution of its board, allow for a full year school plan.
(Source: P.A. 98-673, eff. 6-30-14.)
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105 ILCS 5/10-20.12a (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a) Sec. 10-20.12a. Tuition for non-resident pupils. (a) To charge non-resident pupils who attend the schools of the district tuition in an amount not exceeding 110% of the per capita cost of maintaining the schools of the district for the preceding school year. Such per capita cost shall be computed by dividing the total cost of conducting and maintaining the schools of the district by the average daily attendance, including tuition pupils. Depreciation on the buildings and equipment of the schools of the district, and the amount of annual depreciation on such buildings and equipment shall be dependent upon the useful life of such property. The tuition charged shall in no case exceed 110% of the per capita cost of conducting and maintaining the schools of the district attended, as determined with reference to the most recent audit prepared under Section 3-7 which is available at the commencement of the current school year. Non-resident pupils attending the schools of the district for less than the school term shall have their tuition apportioned, however pupils who become non-resident during a school term shall not be charged tuition for the remainder of the school term in which they became non-resident pupils. Notwithstanding the provisions of this Section, a school district may waive tuition costs for a non-resident pupil who is the child of a district employee if the district adopts a policy approving such waiver. For purposes of this paragraph, "child" means a district employee's child who is a biological child, adopted child, foster child, stepchild, or a child for which the employee serves as a legal guardian. (b) Unless otherwise agreed to by the parties involved and where the educational services are not otherwise provided for, educational services for an Illinois student under the age of 21 (and not eligible for services pursuant to Article 14 of this Code) in any residential program shall be provided by the district in which the facility is located and financed as follows. The cost of educational services shall be paid by the district in which the student resides in an amount equal to the cost of providing educational services in the residential facility. Payments shall be made by the district of the student's residence and shall be made to the district wherein the facility is located no less than once per month unless otherwise agreed to by the parties. The funding provision of this subsection (b) applies to all Illinois students under the age of 21 (and not eligible for services pursuant to Article 14 of this Code) receiving educational services in residential facilities, irrespective of whether the student was placed therein pursuant to this Code or the Juvenile Court Act of 1987 or by an Illinois public agency or a court. The changes to this subsection (b) made by this amendatory Act of the 95th General Assembly apply to all placements in effect on July 1, 2007 and all placements thereafter. For purposes of this subsection (b), a student's district of residence shall be determined in accordance with subsection (a) of Section 10-20.12b of this Code. The placement of a student in a residential facility shall not affect the residency of the student. When a dispute arises over the determination of the district of residence under this subsection (b), any person or entity, including without limitation a school district or residential facility, may make a written request for a residency decision to the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue his or her decision in writing. The decision of the State Superintendent of Education is final. (Source: P.A. 103-111, eff. 6-29-23; 103-780, eff. 8-2-24.) |
105 ILCS 5/10-20.12b (105 ILCS 5/10-20.12b) (Text of Section before amendment by P.A. 103-629 )
Sec. 10-20.12b. Residency; payment of tuition; hearing; criminal penalty.
(a) For purposes of this Section:
(1) The residence of a person who has legal custody | | of a pupil is deemed to be the residence of the pupil.
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(2) "Legal custody" means one of the following:
(i) Custody exercised by a natural or adoptive
| | parent with whom the pupil resides.
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(ii) Custody granted by order of a court of
| | competent jurisdiction to a person with whom the pupil resides for reasons other than to have access to the educational programs of the district.
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(iii) Custody exercised under a statutory
| | short-term guardianship, provided that within 60 days of the pupil's enrollment a court order is entered that establishes a permanent guardianship and grants custody to a person with whom the pupil resides for reasons other than to have access to the educational programs of the district.
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(iv) Custody exercised by an adult caretaker
| | relative who is receiving aid under the Illinois Public Aid Code for the pupil who resides with that adult caretaker relative for purposes other than to have access to the educational programs of the district.
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(v) Custody exercised by an adult who
| | demonstrates that, in fact, he or she has assumed and exercises legal responsibility for the pupil and provides the pupil with a regular fixed night-time abode for purposes other than to have access to the educational programs of the district.
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(a-5) If a pupil's change of residence is due to the military service obligation of a person who has legal custody of the pupil, then, upon the written request of the person having legal custody of the pupil, the residence of the pupil is deemed for all purposes relating to enrollment (including tuition, fees, and costs), for the duration of the custodian's military service obligation, to be the same as the residence of the pupil immediately before the change of residence caused by the military service obligation. A school district is not responsible for providing transportation to or from school for a pupil whose residence is determined under this subsection (a-5). School districts shall facilitate re-enrollment when necessary to comply with this subsection (a-5).
(b) Except as otherwise provided under Section 10-22.5a, only resident
pupils of a school district may attend the schools of the district without
payment of the tuition required to be charged under Section 10-20.12a.
However, children for whom the Guardianship Administrator of the Department of
Children and Family Services has been appointed temporary custodian or guardian
of the person of a child shall not be charged tuition as a nonresident pupil if
the child was placed by the Department of Children and Family Services with a
foster parent or placed in another type of child care facility and the foster
parent or child care facility is located in a school district other than
the child's former school district and it is determined by the Department of
Children and Family Services to be in the child's
best interest to maintain attendance at his or her former school district.
(c) The provisions of this subsection do not apply in school districts
having a population of 500,000 or more.
If a school board in a school district with a population of less than
500,000 determines that a pupil who is attending school in
the district on a tuition free basis is a nonresident of the district for whom
tuition is required to be charged under Section 10-20.12a, the board shall
notify the person who enrolled the pupil of the amount of the tuition
charged under Section 10-20.12a that is due to the district for a nonresident
pupil's attendance in the district's schools. The notice shall detail the specific reasons why the board believes that the pupil is a nonresident of the district and shall be given by
certified mail, return receipt requested. Within 10 calendar days after receipt of the
notice, the person who enrolled the pupil may request a hearing to
review the determination of the school board. The request shall be sent by
certified mail, return receipt requested, to the district superintendent.
Within 10 calendar days after receipt of the request, the board shall notify, by
certified mail, return receipt requested, the person requesting the hearing of
the time and place of the hearing, which shall be held not less than 10 nor
more than 20 calendar days after the
notice of hearing is given. At least 3 calendar days prior to the hearing, each party shall disclose to the other party all written evidence and testimony that it may submit during the hearing and a list of witnesses that it may call to testify during the hearing. The hearing notice shall notify the person requesting the hearing that any written evidence and testimony or witnesses not disclosed to the other party at least 3 calendar days prior to the hearing are barred at the hearing without the consent of the other party. The board or a hearing officer designated by the
board shall conduct the hearing. The board and the person who enrolled
the pupil may be represented at the hearing by representatives of their
choice. At the hearing, the person who enrolled the pupil shall have the
burden of going forward with the evidence concerning the pupil's residency. If
the hearing is conducted by a hearing officer, the hearing officer,
within 5 calendar days after the conclusion of the hearing, shall send a written report
of his or her findings by certified mail, return receipt requested, to the
school board and to the person who enrolled the pupil.
The person who enrolled the pupil may, within 5 calendar days
after receiving the findings, file written objections to the findings with the
school board by sending the objections by certified mail, return receipt
requested, addressed to the district superintendent.
Whether the hearing is conducted by the school board or a hearing officer, the
school board shall, within 30 calendar days after the conclusion of the hearing, decide
whether or not the pupil is a resident of the district and the amount of any
tuition required to be charged under Section 10-20.12a as a result of the
pupil's attendance in the schools of the district. The school board shall send
a copy of its decision within 5 calendar days of its decision to the person who enrolled the
pupil by certified mail, return receipt requested. This decision must inform the person who enrolled the pupil that he or she may, within 5 calendar days after receipt of the decision of the board, petition the regional superintendent of schools to review the decision. The decision must also include notification that, at the request of the person who enrolled the pupil, the pupil may continue attending the schools of the district pending the regional superintendent of schools' review of the board's decision but that tuition shall continue to be assessed under Section 10-20.12a of this Code during the review period and become due upon a final determination of the regional superintendent of schools that the student is a nonresident.
Within 5 calendar days after receipt of the decision of the board pursuant to this subsection (c) of this Section, the person who enrolled the pupil may petition the regional superintendent of schools who exercises supervision and control of the board to review the board's decision. The petition must include the basis for the request and be sent by certified mail, return receipt requested, to both the regional superintendent of schools and the district superintendent.
Within 5 calendar days after receipt of the petition, the board must deliver to the regional superintendent of schools the written decision of the board, any written evidence and testimony that was submitted by the parties during the hearing, a list of all witnesses that testified during the hearing, and any existing written minutes or transcript of the hearing or verbatim record of the hearing in the form of an audio or video recording documenting the hearing. The board may also provide the regional superintendent of schools and the petitioner with a written response to the petition. The regional superintendent of schools' review of the board's decision is limited to the documentation submitted to the regional superintendent of schools pursuant to this Section.
Within 10 calendar days after receipt of the documentation provided by the school district pursuant to this Section, the regional superintendent of schools shall issue a written decision as to whether or not there is clear and convincing evidence that the pupil is a resident of the district pursuant to this Section and eligible to attend the district's schools on a tuition-free basis. The decision shall be transmitted to the board and the person who enrolled the pupil and shall, with specificity, detail the rationale behind the decision.
(c-5) The provisions of this subsection apply only in school districts
having a population of 500,000 or more. If the board of education of a school
district with a population of 500,000 or more determines that a pupil who is
attending school in the district on a tuition free basis is a nonresident of
the district for whom tuition is required to be charged under Section
10-20.12a, the board shall notify the person who enrolled the pupil of the
amount of the tuition charged under Section 10-20.12a that is due to the
district for the nonresident pupil's attendance in the district's schools. The
notice shall be given by certified mail, return receipt requested. Within 10 calendar
days after receipt of the notice, the person who enrolled the pupil may request
a hearing to review the determination of the school board. The request shall
be sent by certified mail, return receipt requested, to the district
superintendent. Within 30 calendar days after receipt of the
request, the board shall notify, by certified mail, return receipt requested,
the person requesting the hearing of the time and place of the hearing, which
shall be held not less than 10 calendar nor more than 30 calendar days after the notice of
hearing is given. The board or a hearing officer designated by the board shall
conduct the hearing. The board and the person who enrolled the pupil may each
be represented at the hearing by a representative of their choice. At the
hearing, the person who enrolled the pupil shall have the burden of going
forward with the evidence concerning the pupil's residency. If the hearing is
conducted by a hearing officer, the hearing officer, within 20 calendar days after the
conclusion of the hearing, shall serve a written report of his or her findings
by personal service or by certified mail, return receipt requested, to the
school board and to the person who enrolled the pupil. The person who enrolled
the pupil may, within 10 calendar days after receiving the findings, file written
objections to the findings with the board of education by sending the
objections by certified mail, return receipt requested, addressed to the
general superintendent of schools. If the hearing is conducted by the board of
education, the board shall, within 45 calendar days after the
conclusion of the hearing, decide whether or not the pupil is a resident of the
district and the amount of any tuition required to be charged under Section
10-20.12a as a result of the pupil's attendance in the schools of the district.
If the hearing is conducted by a hearing officer, the board of education
shall, within 45 days after the receipt of the hearing officer's findings,
decide whether or not the pupil is a resident of the district and the amount of
any tuition required to be charged under Section 10-20.12a as a result of the
pupil's attendance in the schools of the district. The board of education
shall send, by certified mail, return receipt requested, a copy of its decision
to the person who enrolled the pupil, and the decision of the board shall be
final.
(d) If a hearing is requested under subsection (c) of this Section to review
the determination of the school board or board of education that a nonresident pupil is attending the schools of the
district without payment of the tuition required to be charged under Section
10-20.12a, the pupil may, at the request of the person who enrolled
the pupil, continue attendance at the schools of the district pending the
decision of the board or regional superintendent of schools, as applicable, and the school district's payments under Section 18-8.05 of this Code shall not be adjusted due to tuition collection under this Section. However, attendance of
that pupil in the schools of the district as authorized by this subsection (d)
shall not relieve any person who enrolled the pupil of the obligation to pay
the tuition
charged for that attendance under Section 10-20.12a if the final decision of
the board or regional superintendent of schools is that the pupil is a nonresident of the district.
If a pupil is determined to be a nonresident of the district for whom tuition
is required to be charged pursuant to this Section, the board shall
refuse to permit the pupil to continue attending the schools of the district
unless the required tuition is paid for the pupil.
(d-5) If a hearing is requested under subsection (c-5) of this Section to review the determination of the board of education that a nonresident pupil is attending the schools of the district without payment of the tuition required to be charged under Section 10-20.12a of this Code, the pupil may, at the request of the person who enrolled the pupil, continue attendance at the schools of the district pending a final decision of the board following the hearing. However, attendance of that pupil in the schools of the district as authorized by this subsection (d-5) shall not relieve any person who enrolled the pupil of the obligation to pay the tuition charged for that attendance under Section 10-20.12a of this Code if the final decision of the board is that the pupil is a nonresident of the district. If a pupil is determined to be a nonresident of the district for whom tuition is required to be charged pursuant to this Section, the board shall refuse to permit the pupil to continue attending the schools of the district unless the required tuition is paid for the pupil.
(e) Except for a pupil referred to in subsection (b) of Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or a pupil referred to in subsection
(b) of this Section, a person who knowingly enrolls or
attempts to enroll in the schools of a school district on a tuition free basis
a pupil known by that person to be a nonresident of the district shall be
guilty of a Class C misdemeanor.
(f) A person who knowingly or wilfully presents to any school district any
false information regarding the residency of a pupil for the purpose of
enabling that pupil to attend any school in that district without the payment
of a nonresident tuition charge shall be guilty of a Class C misdemeanor.
(g) The provisions of this Section are subject to the provisions of the
Education for Homeless Children Act. Nothing in this Section shall be
construed to apply to or require the payment of tuition by a parent or guardian
of a "homeless child" (as that term is defined in Section 1-5 of the Education
for Homeless Children Act) in connection with or as a result of the homeless
child's continued education or enrollment in a school that is chosen in
accordance with any of the options provided in Section 1-10 of that Act.
(Source: P.A. 99-670, eff. 1-1-17 .)
(Text of Section after amendment by P.A. 103-629 )
Sec. 10-20.12b. Residency; payment of tuition; hearing; criminal penalty.
(a) For purposes of this Section:
(1) The residence of a person who has legal custody
| | of a pupil is deemed to be the residence of the pupil.
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| (2) "Legal custody" means one of the following:
(i) Custody exercised by a natural or adoptive
| | parent with whom the pupil resides.
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| (ii) Custody granted by order of a court of
| | competent jurisdiction to a person with whom the pupil resides for reasons other than to have access to the educational programs of the district.
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| (iii) Custody exercised under a statutory
| | short-term guardianship, provided that within 60 days of the pupil's enrollment a court order is entered that establishes a permanent guardianship and grants custody to a person with whom the pupil resides for reasons other than to have access to the educational programs of the district.
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| (iv) Custody exercised by an adult caretaker
| | relative who is receiving aid under the Illinois Public Aid Code for the pupil who resides with that adult caretaker relative for purposes other than to have access to the educational programs of the district.
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| (v) Custody exercised by an adult who
| | demonstrates that, in fact, he or she has assumed and exercises legal responsibility for the pupil and provides the pupil with a regular fixed night-time abode for purposes other than to have access to the educational programs of the district.
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| (a-5) If a pupil's change of residence is due to the military service obligation of a person who has legal custody of the pupil, then, upon the written request of the person having legal custody of the pupil, the residence of the pupil is deemed for all purposes relating to enrollment (including tuition, fees, and costs), for the duration of the custodian's military service obligation, to be the same as the residence of the pupil immediately before the change of residence caused by the military service obligation. A school district is not responsible for providing transportation to or from school for a pupil whose residence is determined under this subsection (a-5). School districts shall facilitate re-enrollment when necessary to comply with this subsection (a-5).
(b) Except as otherwise provided under Section 10-22.5a, only resident pupils of a school district may attend the schools of the district without payment of the tuition required to be charged under Section 10-20.12a. However, (i) a child for whom the Guardianship Administrator of the Department of Children and Family Services has been appointed temporary custodian or guardian of the person of the child and who was placed by the Department of Children and Family Services with a foster parent or placed in another type of child care facility or (ii) a child who has been removed from the child's parent or guardian by the Department of Children and Family Services as part of a safety plan shall not be charged tuition as a nonresident pupil if the foster parent, child care facility, relative caregiver, or non-custodial parent is located in a school district other than the child's former school district and it is determined by the Department of Children and Family Services to be in the child's best interest to maintain attendance at the child's former school district or at a school district the child would have attended if the child was not removed from the child's parent or guardian by the Department of Children and Family Services.
(c) The provisions of this subsection do not apply in school districts having a population of 500,000 or more. If a school board in a school district with a population of less than 500,000 determines that a pupil who is attending school in the district on a tuition free basis is a nonresident of the district for whom tuition is required to be charged under Section 10-20.12a, the board shall notify the person who enrolled the pupil of the amount of the tuition charged under Section 10-20.12a that is due to the district for a nonresident pupil's attendance in the district's schools. The notice shall detail the specific reasons why the board believes that the pupil is a nonresident of the district and shall be given by certified mail, return receipt requested. Within 10 calendar days after receipt of the notice, the person who enrolled the pupil may request a hearing to review the determination of the school board. The request shall be sent by certified mail, return receipt requested, to the district superintendent. Within 10 calendar days after receipt of the request, the board shall notify, by certified mail, return receipt requested, the person requesting the hearing of the time and place of the hearing, which shall be held not less than 10 nor more than 20 calendar days after the notice of hearing is given. At least 3 calendar days prior to the hearing, each party shall disclose to the other party all written evidence and testimony that it may submit during the hearing and a list of witnesses that it may call to testify during the hearing. The hearing notice shall notify the person requesting the hearing that any written evidence and testimony or witnesses not disclosed to the other party at least 3 calendar days prior to the hearing are barred at the hearing without the consent of the other party. The board or a hearing officer designated by the board shall conduct the hearing. The board and the person who enrolled the pupil may be represented at the hearing by representatives of their choice. At the hearing, the person who enrolled the pupil shall have the burden of going forward with the evidence concerning the pupil's residency. If the hearing is conducted by a hearing officer, the hearing officer, within 5 calendar days after the conclusion of the hearing, shall send a written report of his or her findings by certified mail, return receipt requested, to the school board and to the person who enrolled the pupil. The person who enrolled the pupil may, within 5 calendar days after receiving the findings, file written objections to the findings with the school board by sending the objections by certified mail, return receipt requested, addressed to the district superintendent. Whether the hearing is conducted by the school board or a hearing officer, the school board shall, within 30 calendar days after the conclusion of the hearing, decide whether or not the pupil is a resident of the district and the amount of any tuition required to be charged under Section 10-20.12a as a result of the pupil's attendance in the schools of the district. The school board shall send a copy of its decision within 5 calendar days of its decision to the person who enrolled the pupil by certified mail, return receipt requested. This decision must inform the person who enrolled the pupil that he or she may, within 5 calendar days after receipt of the decision of the board, petition the regional superintendent of schools to review the decision. The decision must also include notification that, at the request of the person who enrolled the pupil, the pupil may continue attending the schools of the district pending the regional superintendent of schools' review of the board's decision but that tuition shall continue to be assessed under Section 10-20.12a of this Code during the review period and become due upon a final determination of the regional superintendent of schools that the student is a nonresident.
Within 5 calendar days after receipt of the decision of the board pursuant to this subsection (c) of this Section, the person who enrolled the pupil may petition the regional superintendent of schools who exercises supervision and control of the board to review the board's decision. The petition must include the basis for the request and be sent by certified mail, return receipt requested, to both the regional superintendent of schools and the district superintendent.
Within 5 calendar days after receipt of the petition, the board must deliver to the regional superintendent of schools the written decision of the board, any written evidence and testimony that was submitted by the parties during the hearing, a list of all witnesses that testified during the hearing, and any existing written minutes or transcript of the hearing or verbatim record of the hearing in the form of an audio or video recording documenting the hearing. The board may also provide the regional superintendent of schools and the petitioner with a written response to the petition. The regional superintendent of schools' review of the board's decision is limited to the documentation submitted to the regional superintendent of schools pursuant to this Section.
Within 10 calendar days after receipt of the documentation provided by the school district pursuant to this Section, the regional superintendent of schools shall issue a written decision as to whether or not there is clear and convincing evidence that the pupil is a resident of the district pursuant to this Section and eligible to attend the district's schools on a tuition-free basis. The decision shall be transmitted to the board and the person who enrolled the pupil and shall, with specificity, detail the rationale behind the decision.
(c-5) The provisions of this subsection apply only in school districts having a population of 500,000 or more. If the board of education of a school district with a population of 500,000 or more determines that a pupil who is attending school in the district on a tuition free basis is a nonresident of the district for whom tuition is required to be charged under Section 10-20.12a, the board shall notify the person who enrolled the pupil of the amount of the tuition charged under Section 10-20.12a that is due to the district for the nonresident pupil's attendance in the district's schools. The notice shall be given by certified mail, return receipt requested. Within 10 calendar days after receipt of the notice, the person who enrolled the pupil may request a hearing to review the determination of the school board. The request shall be sent by certified mail, return receipt requested, to the district superintendent. Within 30 calendar days after receipt of the request, the board shall notify, by certified mail, return receipt requested, the person requesting the hearing of the time and place of the hearing, which shall be held not less than 10 calendar nor more than 30 calendar days after the notice of hearing is given. The board or a hearing officer designated by the board shall conduct the hearing. The board and the person who enrolled the pupil may each be represented at the hearing by a representative of their choice. At the hearing, the person who enrolled the pupil shall have the burden of going forward with the evidence concerning the pupil's residency. If the hearing is conducted by a hearing officer, the hearing officer, within 20 calendar days after the conclusion of the hearing, shall serve a written report of his or her findings by personal service or by certified mail, return receipt requested, to the school board and to the person who enrolled the pupil. The person who enrolled the pupil may, within 10 calendar days after receiving the findings, file written objections to the findings with the board of education by sending the objections by certified mail, return receipt requested, addressed to the general superintendent of schools. If the hearing is conducted by the board of education, the board shall, within 45 calendar days after the conclusion of the hearing, decide whether or not the pupil is a resident of the district and the amount of any tuition required to be charged under Section 10-20.12a as a result of the pupil's attendance in the schools of the district. If the hearing is conducted by a hearing officer, the board of education shall, within 45 days after the receipt of the hearing officer's findings, decide whether or not the pupil is a resident of the district and the amount of any tuition required to be charged under Section 10-20.12a as a result of the pupil's attendance in the schools of the district. The board of education shall send, by certified mail, return receipt requested, a copy of its decision to the person who enrolled the pupil, and the decision of the board shall be final.
(d) If a hearing is requested under subsection (c) of this Section to review the determination of the school board or board of education that a nonresident pupil is attending the schools of the district without payment of the tuition required to be charged under Section 10-20.12a, the pupil may, at the request of the person who enrolled the pupil, continue attendance at the schools of the district pending the decision of the board or regional superintendent of schools, as applicable, and the school district's payments under Section 18-8.05 of this Code shall not be adjusted due to tuition collection under this Section. However, attendance of that pupil in the schools of the district as authorized by this subsection (d) shall not relieve any person who enrolled the pupil of the obligation to pay the tuition charged for that attendance under Section 10-20.12a if the final decision of the board or regional superintendent of schools is that the pupil is a nonresident of the district. If a pupil is determined to be a nonresident of the district for whom tuition is required to be charged pursuant to this Section, the board shall refuse to permit the pupil to continue attending the schools of the district unless the required tuition is paid for the pupil.
(d-5) If a hearing is requested under subsection (c-5) of this Section to review the determination of the board of education that a nonresident pupil is attending the schools of the district without payment of the tuition required to be charged under Section 10-20.12a of this Code, the pupil may, at the request of the person who enrolled the pupil, continue attendance at the schools of the district pending a final decision of the board following the hearing. However, attendance of that pupil in the schools of the district as authorized by this subsection (d-5) shall not relieve any person who enrolled the pupil of the obligation to pay the tuition charged for that attendance under Section 10-20.12a of this Code if the final decision of the board is that the pupil is a nonresident of the district. If a pupil is determined to be a nonresident of the district for whom tuition is required to be charged pursuant to this Section, the board shall refuse to permit the pupil to continue attending the schools of the district unless the required tuition is paid for the pupil.
(e) Except for a pupil referred to in subsection (b) of Section 10-22.5a, a pupil referred to in Section 10-20.12a, or a pupil referred to in subsection (b) of this Section, a person who knowingly enrolls or attempts to enroll in the schools of a school district on a tuition free basis a pupil known by that person to be a nonresident of the district shall be guilty of a Class C misdemeanor.
(f) A person who knowingly or wilfully presents to any school district any false information regarding the residency of a pupil for the purpose of enabling that pupil to attend any school in that district without the payment of a nonresident tuition charge shall be guilty of a Class C misdemeanor.
(g) The provisions of this Section are subject to the provisions of the Education for Homeless Children Act. Nothing in this Section shall be construed to apply to or require the payment of tuition by a parent or guardian of a "homeless child" (as that term is defined in Section 1-5 of the Education for Homeless Children Act) in connection with or as a result of the homeless child's continued education or enrollment in a school that is chosen in accordance with any of the options provided in Section 1-10 of that Act.
(Source: P.A. 103-629, eff. 1-1-25.)
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105 ILCS 5/10-20.13
(105 ILCS 5/10-20.13)
Sec. 10-20.13. Textbooks for children of parents unable to buy them; waiver of
fees and fines. (a) To purchase, at the
expense of the district, a sufficient number of
textbooks for children whose parents are unable to buy them, including,
but not limited to, children living in households that meet the free lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 CFR 245 et seq.) and homeless children and youth as defined in Section 11434a of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), subject to verification as set forth in subsection (c) of this Section. Such textbooks
shall be loaned only, and the directors shall require the teacher to see
that they are properly cared for and returned at the end of each term of
school.
(b) To waive all fees and any fines for the loss of school property assessed by the district on children whose parents
are unable to afford them, including, but not limited to: (1) children living in households that meet the free | | lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 CFR 245 et seq.) and students whose parents are veterans or active duty military personnel with income at or below 200% of the federal poverty line, subject to verification as set forth in subsection (c) of this Section, and
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| (2) homeless children and youth as defined in Section
| | 11434a of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
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| Notice of waiver availability shall be given to parents or guardians with every bill for fees or fines.
The school board
shall adopt written policies and procedures for such waiver of fees in
accordance with regulations promulgated by the State Board of Education.
(c) Any school board that participates in a federally funded, school-based child nutrition program and uses a student's application for, eligibility for, or participation in the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 CFR 245 et seq.) as the basis for waiving fees assessed by the school district must follow the verification requirements of the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 CFR 245.6a).
A school board that establishes a process for the determination of eligibility for waiver of fees assessed by the school district that is completely independent of a student's application for, eligibility for, or participation in a federally funded, school-based child nutrition program may provide for fee waiver verification no more often than once per academic year. Information obtained during the independent, fee waiver verification process indicating that the student does not meet free lunch or breakfast eligibility guidelines may be used to deny the waiver of the student's fees or fines for the loss of school property, provided that any information obtained through this independent process for determining or verifying eligibility for fee waivers shall not be used to determine or verify eligibility for any federally funded, school-based child nutrition program. This subsection shall not preclude children from obtaining waivers at any point during the academic year.
(Source: P.A. 102-805, eff. 1-1-23; 102-1032, eff. 5-27-22; 103-154, eff. 6-30-23.)
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105 ILCS 5/10-20.14 (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14) Sec. 10-20.14. Student discipline policies; parent-teacher advisory committee. (a) To establish and maintain a parent-teacher advisory committee to develop with the school board or governing body of a charter school policy guidelines on student discipline, including school searches and bullying prevention as set forth in Section 27-23.7 of this Code. School authorities shall furnish a copy of the policy to the parents or guardian of each student within 15 days after the beginning of the school year, or within 15 days after starting classes for a student who transfers into the district during the school year, and the school board or governing body of a charter school shall require that a school inform its students of the contents of the policy. School boards and the governing bodies of charter schools, along with the parent-teacher advisory committee, must annually review their student discipline policies and the implementation of those policies and any other factors related to the safety of their schools, students, and school personnel. (a-5) On or before September 15, 2016, each elementary and secondary school and charter school shall, at a minimum, adopt student discipline policies that fulfill the requirements set forth in this Section, subsections (a) and (b) of Section 10-22.6 of this Code, Section 34-19 of this Code if applicable, and federal and State laws that provide special requirements for the discipline of students with disabilities. (b) The parent-teacher advisory committee in cooperation with local law enforcement agencies shall develop, with the school board, policy guideline procedures to establish and maintain a reciprocal reporting system between the school district and local law enforcement agencies regarding criminal offenses committed by students. School districts are encouraged to create memoranda of understanding with local law enforcement agencies that clearly define law enforcement's role in schools, in accordance with Section 10-22.6 of this Code. In consultation with stakeholders deemed appropriate by the State Board of Education, the State Board of Education shall draft and publish guidance for the development of reciprocal reporting systems in accordance with this Section on or before July 1, 2025. (c) The parent-teacher advisory committee, in cooperation with school bus personnel, shall develop, with the school board, policy guideline procedures to establish and maintain school bus safety procedures. These procedures shall be incorporated into the district's student discipline policy. In consultation with stakeholders deemed appropriate by the State Board of Education, the State Board of Education shall draft and publish guidance for school bus safety procedures in accordance with this Section on or before July 1, 2025. (d) As used in this subsection (d), "evidence-based intervention" means intervention that has demonstrated a statistically significant effect on improving student outcomes as documented in peer-reviewed scholarly journals. The school board, in consultation with the parent-teacher advisory committee and other community-based organizations, must include provisions in the student discipline policy to address students who have demonstrated behaviors that put them at risk for aggressive behavior, including without limitation bullying, as defined in the policy. These provisions must include procedures for notifying parents or legal guardians and intervention procedures based upon available community-based and district resources. In consultation with behavioral health experts, the State Board of Education shall draft and publish guidance for evidence-based intervention procedures, including examples, in accordance with this Section on or before July 1, 2025. (Source: P.A. 103-896, eff. 8-9-24.) |
105 ILCS 5/10-20.14a
(105 ILCS 5/10-20.14a) (from Ch. 122, par. 10-20.14a)
Sec. 10-20.14a.
Meal breaks for noncertificated employees.
To provide
each noncertificated employee who works 7 1/2 continuous hours or longer
with at least 30 minutes duty free for a meal break beginning no later than
5 hours after the start of the work period.
(Source: P.A. 84-1294.)
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105 ILCS 5/10-20.14b
(105 ILCS 5/10-20.14b) (from Ch. 122, par. 10-20.14b)
Sec. 10-20.14b.
Medications policy.
To develop a policy for administration
of medications in
schools, to
furnish a copy of the policy to the parents or guardians of each pupil
within 15 days after the beginning of each
school year,
or within 15 days after starting classes for a pupil who transfers into the
district,
and
to require that each school informs its
pupils of the contents of its policy.
(Source: P.A. 90-789, eff. 8-14-98.)
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105 ILCS 5/10-20.15
(105 ILCS 5/10-20.15) (from Ch. 122, par. 10-20.15)
Sec. 10-20.15.
Payment of teachers.
To pay no public money to any teacher unless the teacher at the time of
his employment held a certificate of qualification obtained under the
provisions of this Act, has kept and furnished schedules as required by
this Act, and has satisfactorily accounted for books, apparatus and other
property of the district that he may have taken in charge.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-20.15a
(105 ILCS 5/10-20.15a) (from Ch. 122, par. 10-20.15a)
Sec. 10-20.15a.
Federal Social Security or Medicare withholdings.
To
the extent that federal law allows such coverage, school districts shall
make Social Security or Medicare withholdings, or both, for employees
subject to Articles 16 and 17 of the "Illinois Pension Code" only upon the
approval of a referendum under Section 21-105 of that Act applicable to such employees.
(Source: P.A. 84-1334.)
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105 ILCS 5/10-20.16
(105 ILCS 5/10-20.16)
Sec. 10-20.16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-20.17
(105 ILCS 5/10-20.17) (from Ch. 122, par. 10-20.17)
Sec. 10-20.17.
Water supply.
To provide for the schools in their districts an adequate, clear,
palatable, and safe supply of water for drinking purposes and for general
school use in accordance with Sections 2 and 8.1 of the Department of
Public Health Act.
(Source: P.A. 87-984.)
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105 ILCS 5/10-20.17a (105 ILCS 5/10-20.17a) (from Ch. 122, par. 10-20.17a) Sec. 10-20.17a. Hazardous materials training. To enhance the safety of pupils and staff by providing in-service training programs on the safe handling and use of hazardous or toxic materials for personnel in the district who work with such materials on a regular basis. Such programs may be identified by the State Board of Education, in consultation with the Department of Public Health, for use by school boards in implementing this Section. (Source: P.A. 103-780, eff. 8-2-24.) |
105 ILCS 5/10-20.18
(105 ILCS 5/10-20.18) (from Ch. 122, par. 10-20.18)
Sec. 10-20.18.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)
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105 ILCS 5/10-20.19
(105 ILCS 5/10-20.19) (from Ch. 122, par. 10-20.19)
Sec. 10-20.19. Payment of orders. Subject to the provisions of Article
1B in the case of a school district receiving emergency State financial
assistance, the school board shall pay all orders in accordance with Section
10-18 of this Act, except as herein provided:
(1) It shall be lawful for the school board to submit | | to the treasurer a certified copy of those portions of the board minutes, properly signed by the secretary and president, or a majority of the board, showing all bills approved for payment by the board and clearly showing to whom, and for what purpose each payment is to be made by the treasurer, and to what budgetary item each payment shall be debited, and such certified copy shall serve as full authority to the treasurer to make the payments as thus approved; this shall not preclude the use of a voucher system, or any other system of sound accounting and business procedure, provided that such system reflects the facts, and that the same is in accordance with the regulations prescribed by or approved by the Superintendent of Public Instruction.
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(2) It shall be lawful for the school board by
| | resolution to establish revolving funds for school cafeterias, lunch rooms, athletics, petty cash or similar purposes, provided such funds are in the custody of an employee who shall be bonded as provided in Article 8 of this Act for bonding school treasurers and who shall be responsible to the board and to the treasurer, subject to regular annual audit by licensed public accountants and other such examinations as the school board shall deem advisable and kept in accordance with regulations prescribed by the Superintendent of Public Instruction. A monthly report and an annual summary of all receipts and expenditures of the fund shall be submitted to the school board and the treasurer. All funds advanced by the treasurer to operate such revolving funds shall be carried on the treasurer's books as cash obligations due to the district and all receipts of such revolving funds shall be deposited daily in a bank or savings and loan association to be approved by the treasurer, unless there is no bank or savings and loan association in the community, in which event receipts shall be deposited intact not less than once each week in the bank or savings and loan association approved by the treasurer. All reimbursements to any such revolving funds from the district funds shall be completely itemized as to whom paid, for what purpose, and against what budgetary item the expenditure is chargeable.
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No bank or savings and loan association shall receive
| | public funds as permitted by this Section, unless it has complied with the requirements established pursuant to Section 6 of "An Act relating to certain investments of public funds by public agencies", approved July 23, 1943, as now or hereafter amended.
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(3) The school board shall establish rules and
| | regulations governing conditions under which school classes, clubs, and associations may collect or acquire funds in the name of any school; and, under such regulations as the Superintendent of Public Instruction may prescribe, provide for the safeguarding of such funds for the educational, recreational, or cultural purposes they are designed to serve.
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(4) It shall be lawful for the clerk or secretary of
| | the board to certify to the school treasurer the amount of the obligation for Social Security taxes as required by the Social Security Enabling Act and the amount of recurring bills, such as utility bills, showing the amount and to whom payment is to be made and what budgetary item or items the payment shall be debited from, and such certification shall serve as full authority to the treasurer to make such payment.
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(Source: P.A. 96-998, eff. 7-2-10.)
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105 ILCS 5/10-20.19a
(105 ILCS 5/10-20.19a) (from Ch. 122, par. 10-20.19a)
Sec. 10-20.19a.
(Repealed).
(Source: P.A. 84-18. Repealed by P.A. 103-410, eff. 8-2-23.)
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105 ILCS 5/10-20.19b
(105 ILCS 5/10-20.19b) (from Ch. 122, par. 10-20.19b)
Sec. 10-20.19b.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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105 ILCS 5/10-20.19c
(105 ILCS 5/10-20.19c) (from Ch. 122, par. 10-20.19c)
Sec. 10-20.19c. Recycled paper and paper products and solid waste management.
(a) Definitions. As used in this Section, the following terms shall
have the meanings indicated, unless the context otherwise requires:
"Deinked stock" means paper that has been processed to remove inks,
clays, coatings, binders and other contaminants.
"High grade printing and writing papers" includes offset printing
paper, duplicator paper, writing paper (stationery), tablet paper, office
paper, note pads, xerographic paper, envelopes, form bond including
computer paper and carbonless forms, book papers, bond papers, ledger paper,
book stock and cotton fiber papers.
"Paper and paper products" means high grade printing and writing papers,
tissue products, newsprint, unbleached packaging and recycled paperboard.
"Postconsumer material" means only those products generated by a business
or consumer which have served their intended end uses, and which have been
separated or diverted from solid waste; wastes generated during the
production of an end product are excluded.
"Recovered paper material" means paper waste generated after the
completion of the papermaking process, such as postconsumer materials,
envelope cuttings, bindery trimmings, printing waste, cutting and
other converting waste, butt rolls, and mill wrappers, obsolete inventories,
and rejected unused stock. "Recovered paper material", however, does not
include fibrous waste generated during the manufacturing process such as
fibers recovered from waste water or trimmings of paper machine rolls (mill
broke), or fibrous byproducts of harvesting, extraction or woodcutting
processes, or forest residues such as bark.
"Recycled paperboard" includes paperboard products, folding cartons and
pad backings.
"Tissue products" includes toilet tissue, paper towels, paper napkins,
facial tissue, paper doilies, industrial wipers, paper bags and brown
papers. These products shall also be unscented and shall not be colored.
"Unbleached packaging" includes corrugated and fiber storage boxes.
(a-5) Each school district shall periodically review its procurement procedures and specifications related to the purchase of products and supplies. Those procedures and specifications must be modified as necessary to require the school district to seek out products and supplies that contain recycled materials and to ensure that purchased products and supplies are reusable, durable, or made from recycled materials, if economically and practically feasible. In selecting products and supplies that contain recycled material, preference must be given to products and supplies that contain the highest amount of recycled material and that are consistent with the effective use of the product or supply, if economically and practically feasible. (b) Wherever economically and practically feasible, as determined by the
school board, the school board, all public schools and
attendance centers within a school district, and their school supply stores
shall procure recycled paper and paper products as follows:
(1) Beginning July 1, 2008, at least 10% of the total | | dollar value of paper and paper products purchased by school boards, public schools and attendance centers, and their school supply stores shall be recycled paper and paper products.
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(2) Beginning July 1, 2011, at least 25% of the total
| | dollar value of paper and paper products purchased by school boards, public schools and attendance centers, and their school supply stores shall be recycled paper and paper products.
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(3) Beginning July 1, 2014, at least 50% of the total
| | dollar value of paper and paper products purchased by school boards, public schools and attendance centers, and their school supply stores shall be recycled paper and paper products.
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(4) Beginning July 1, 2020, at least 75% of the total
| | dollar value of paper and paper products purchased by school boards, public schools and attendance centers, and their school supply stores shall be recycled paper and paper products.
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(5) Beginning upon the effective date of this
| | amendatory Act of 1992, all paper purchased by the board of education, public schools and attendance centers for publication of student newspapers shall be recycled newsprint. The amount purchased shall not be included in calculating the amounts specified in paragraphs (1) through (4).
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(c) Paper and paper products purchased from private sector vendors
pursuant to printing contracts are not considered paper and paper products
for the purposes of subsection (b), unless purchased under contract for
the printing of student newspapers.
(d)(1) Wherever economically and practically feasible, the recycled
paper and paper products referred to in subsection (b) shall contain
postconsumer or recovered paper materials as specified by paper category in
this subsection:
(i) Recycled high grade printing and writing paper
| | shall contain at least 50% recovered paper material. Such recovered paper material, until July 1, 2008, shall consist of at least 20% deinked stock or postconsumer material; and beginning July 1, 2008, shall consist of at least 25% deinked stock or postconsumer material; and beginning July 1, 2010, shall consist of at least 30% deinked stock or postconsumer material; and beginning July 1, 2012, shall consist of at least 40% deinked stock or postconsumer material; and beginning July 1, 2014, shall consist of at least 50% deinked stock or postconsumer material.
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(ii) Recycled tissue products, until July 1, 1994,
| | shall contain at least 25% postconsumer material; and beginning July 1, 1994, shall contain at least 30% postconsumer material; and beginning July 1, 1996, shall contain at least 35% postconsumer material; and beginning July 1, 1998, shall contain at least 40% postconsumer material; and beginning July 1, 2000, shall contain at least 45% postconsumer material.
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(iii) Recycled newsprint, until July 1, 1994, shall
| | contain at least 40% postconsumer material; and beginning July 1, 1994, shall contain at least 50% postconsumer material; and beginning July 1, 1996, shall contain at least 60% postconsumer material; and beginning July 1, 1998, shall contain at least 70% postconsumer material; and beginning July 1, 2000, shall contain at least 80% postconsumer material.
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(iv) Recycled unbleached packaging, until July 1,
| | 1994, shall contain at least 35% postconsumer material; and beginning July 1, 1994, shall contain at least 40% postconsumer material; and beginning July 1, 1996, shall contain at least 45% postconsumer material; and beginning July 1, 1998, shall contain at least 50% postconsumer material; and beginning July 1, 2000, shall contain at least 55% postconsumer material.
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(v) Recycled paperboard, until July 1, 1994, shall
| | contain at least 80% postconsumer material; and beginning July 1, 1994, shall contain at least 85% postconsumer material; and beginning July 1, 1996, shall contain at least 90% postconsumer material; and beginning July 1, 1998, shall contain at least 95% postconsumer material.
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(2) For the purposes of this Section, "postconsumer
| |
(i) paper, paperboard, and fibrous waste from
| | retail stores, office buildings, homes and so forth, after the waste has passed through its end usage as a consumer item, including used corrugated boxes, old newspapers, mixed waste paper, tabulating cards, and used cordage; and
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(ii) all paper, paperboard, and fibrous wastes
| | that are diverted or separated from the municipal waste stream.
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(3) For the purposes of this Section, "recovered
| | paper material" includes:
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(i) postconsumer material;
(ii) dry paper and paperboard waste generated
| | after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets), including envelope cuttings, bindery trimmings, and other paper and paperboard waste resulting from printing, cutting, forming and other converting operations, or from bag, box and carton manufacturing, and butt rolls, mill wrappers, and rejected unused stock; and
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(iii) finished paper and paperboard from obsolete
| | inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters or others.
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(e) Nothing in this Section shall be deemed to apply to art materials,
nor to any newspapers, magazines, text books, library books or other
copyrighted publications which are purchased or used by any school board or
any public school or attendance center within a school district, or which
are sold in any school supply store operated by or within any such school
or attendance center, other than newspapers written, edited or produced
by students enrolled in the school district, public school or attendance
center.
(e-5) Each school district shall periodically review its procedures on solid waste reduction regarding the management of solid waste generated by academic, administrative, and other institutional functions. Those waste reduction procedures must be designed to, when economically and practically feasible, recycle the school district's waste stream, including without limitation landscape waste, computer paper, and white office paper. School districts are encouraged to have procedures that provide for the investigation of potential markets for other recyclable materials that are present in the school district's waste stream. The waste reduction procedures must be designed to achieve, before July 1, 2020, at least a 50% reduction in the amount of solid waste that is generated by the school district.
(f) The State Board of Education, in coordination with the Department of
Central Management Services, may adopt such
rules and regulations as it deems necessary
to assist districts in carrying out the provisions of this Section.
(Source: P.A. 102-444, eff. 8-20-21.)
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105 ILCS 5/10-20.20
(105 ILCS 5/10-20.20) (from Ch. 122, par. 10-20.20)
Sec. 10-20.20. Protection from suit.
To indemnify and protect school districts, members of school boards, employees,
volunteer personnel authorized in Sections 10-22.34, 10-22.34a and
10-22.34b of this Code, mentors of certified staff as authorized in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of this Code,
and student teachers against civil rights damage claims and
suits, constitutional rights damage claims and suits and death and bodily
injury and property damage claims and suits, including defense thereof,
when damages are sought for negligent or wrongful acts alleged to have been
committed in the scope of employment or under the direction of the board or related to any mentoring services provided to certified staff of the school district.
Such indemnification and protection shall extend to persons who were
members of school boards, employees of school boards,
authorized volunteer personnel, mentors of certified staff, or student teachers at
the time of the incident from which a claim arises.
No agent may be afforded
indemnification or protection unless he was a member of a school board, an
employee of a board,
an authorized volunteer, a mentor of certified staff,
or a student teacher at the time of the incident from
which the claim arises.
(Source: P.A. 96-62, eff. 7-23-09.)
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105 ILCS 5/10-20.21
(105 ILCS 5/10-20.21)
Sec. 10-20.21. Contracts.
(a)
To award all contracts for
purchase of supplies and materials or work involving an expenditure in excess of $35,000 or a lower amount as required by board policy
to the lowest responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability, after due
advertisement, except the following: (i) contracts for the services of individuals | | possessing a high degree of professional skill where the ability or fitness of the individual plays an important part;
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| (ii) contracts for the printing of finance committee
| | reports and departmental reports;
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| (iii) contracts for the printing or engraving of
| | bonds, tax warrants and other evidences of indebtedness;
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| (iv) contracts for the purchase of perishable foods
| | and perishable beverages;
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| (v) contracts for materials and work which have been
| | awarded to the lowest responsible bidder after due advertisement, but due to unforeseen revisions, not the fault of the contractor for materials and work, must be revised causing expenditures not in excess of 10% of the contract price;
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| (vi) contracts for the maintenance or servicing of,
| | or provision of repair parts for, equipment which are made with the manufacturer or authorized service agent of that equipment where the provision of parts, maintenance, or servicing can best be performed by the manufacturer or authorized service agent;
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| (vii) purchases and contracts for the use, purchase,
| | delivery, movement, or installation of data processing equipment, software, or services and telecommunications and interconnect equipment, software, and services;
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| (viii) contracts for duplicating machines and
| | (ix) contracts for the purchase of fuel, including
| | diesel, gasoline, oil, aviation, natural gas, or propane, lubricants, or other petroleum products;
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| (x) purchases of equipment previously owned by some
| | entity other than the district itself;
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| (xi) contracts for repair, maintenance, remodeling,
| | renovation, or construction, or a single project involving an expenditure not to exceed $50,000 and not involving a change or increase in the size, type, or extent of an existing facility;
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| (xii) contracts for goods or services procured from
| | another governmental agency;
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| (xiii) contracts for goods or services which are
| | economically procurable from only one source, such as for the purchase of magazines, books, periodicals, pamphlets and reports, and for utility services such as water, light, heat, telephone or telegraph;
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| (xiv) where funds are expended in an emergency and
| | such emergency expenditure is approved by 3/4 of the members of the board;
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| (xv) State master contracts authorized under Article
| | (xvi) contracts providing for the transportation of
| | pupils, which contracts must be advertised in the same manner as competitive bids and awarded by first considering the bidder or bidders most able to provide safety and comfort for the pupils, stability of service, and any other factors set forth in the request for proposal regarding quality of service, and then price; and
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| (xvii) contracts for goods, services, or management
| | in the operation of a school's food service, including a school that participates in any of the United States Department of Agriculture's child nutrition programs if a good faith effort is made on behalf of the school district to give preference to:
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| (1) contracts that procure food that promotes
| | the health and well-being of students, in compliance with United States Department of Agriculture nutrition standards for school meals. Contracts should also promote the production of scratch made, minimally processed foods;
|
| (2) contracts that give a preference to State or
| | regional suppliers that source local food products;
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| (3) contracts that give a preference to food
| | suppliers that utilize producers that adopt hormone and pest management practices recommended by the United States Department of Agriculture;
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| (4) contracts that give a preference to food
| | suppliers that value animal welfare; and
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| (5) contracts that increase opportunities for
| | businesses owned and operated by minorities, women, or persons with disabilities.
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| Food supplier data shall be submitted to the school
| | district at the time of the bid, to the best of the bidder's ability, and updated annually thereafter during the term of the contract. The contractor shall submit the updated food supplier data. The data required under this item (xvii) shall include the name and address of each supplier, distributor, processor, and producer involved in the provision of the products that the bidder is to supply.
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| However, at no time shall a cause of action lie against a school board for awarding a pupil transportation contract per the standards set forth in this subsection (a) unless the cause of action is based on fraudulent conduct.
All competitive
bids for contracts involving an expenditure in excess of $35,000 or a lower amount as required by board policy must be
sealed by the bidder and must be opened by a member or employee of the
school board at a public bid opening at which the contents of the bids
must be announced. Each bidder must receive at least 3 days' notice of the
time and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one public notice
at least 10 days before the bid date in a newspaper published in the
district, or if no newspaper is published in the district, in a newspaper
of general circulation in the area of the district. State master contracts and certified education purchasing contracts, as defined in Article 28A of this Code, are not subject to the requirements of this paragraph.
Under this Section, the acceptance of bids sealed by a bidder and the opening of these bids at a public bid opening may be permitted by an electronic process for communicating, accepting, and opening competitive bids. An electronic bidding process must provide for, but is not limited to, the following safeguards:
(1) On the date and time certain of a bid opening,
| | the primary person conducting the competitive, sealed, electronic bid process shall log onto a specified database using a unique username and password previously assigned to the bidder to allow access to the bidder's specific bid project number.
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| (2) The specified electronic database must be on a
| | network that (i) is in a secure environment behind a firewall; (ii) has specific encryption tools; (iii) maintains specific intrusion detection systems; (iv) has redundant systems architecture with data storage back-up, whether by compact disc or tape; and (v) maintains a disaster recovery plan.
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It is the legislative intent of Public Act 96-841 to maintain the integrity of the sealed bidding process provided for in this Section, to further limit any possibility of bid-rigging, to reduce administrative costs to school districts, and to effect efficiencies in communications with bidders.
(b) To require, as a condition of any contract for goods and services,
that persons
bidding for and awarded a contract and all affiliates of the person collect and
remit
Illinois Use Tax on all sales of tangible personal property into the State of
Illinois in
accordance with the provisions of the Illinois Use Tax Act regardless of whether
the
person or affiliate is a "retailer maintaining a place of business within this
State" as
defined in Section 2 of the Use Tax Act. For purposes of this Section, the term
"affiliate"
means any entity that (1) directly, indirectly, or constructively controls
another entity, (2)
is directly, indirectly, or constructively controlled by another entity, or (3)
is subject to
the control of a common entity. For purposes of this subsection (b), an entity
controls
another entity if it owns, directly or individually, more than 10% of the
voting
securities
of that entity. As used in this subsection (b), the term "voting security"
means a security
that (1) confers upon the holder the right to vote for the election of members
of the board
of directors or similar governing body of the business or (2) is convertible
into, or entitles
the holder to receive upon its exercise, a security that confers such a right
to
vote. A
general partnership interest is a voting security.
To require that bids and contracts include a certification by the bidder
or
contractor that the bidder or contractor is not barred from bidding for or
entering into a
contract under this Section and that the bidder or contractor acknowledges that
the school
board may declare the contract void if the certification completed pursuant to
this
subsection (b) is false.
(b-5) To require all contracts and agreements that pertain to goods and services and that are intended to generate additional revenue and other remunerations for the school district in excess of $1,000, including without limitation vending machine contracts, sports and other attire, class rings, and photographic services, to be approved by the school board. The school board shall file as an attachment to its annual budget a report, in a form as determined by the State Board of Education, indicating for the prior year the name of the vendor, the product or service provided, and the actual net revenue and non-monetary remuneration from each of the contracts or agreements. In addition, the report shall indicate for what purpose the revenue was used and how and to whom the non-monetary remuneration was distributed.
(b-10) To prohibit any contract to purchase food with a bidder or offeror if the bidder's or offeror's contract terms prohibit the school from donating food to food banks, including, but not limited to, homeless shelters, food pantries, and soup kitchens.
(c) If the State education purchasing entity creates a master contract as defined in Article 28A of this Code, then the State education purchasing entity shall notify school districts of the existence of the master contract.
(d) In purchasing supplies, materials, equipment, or services that are not subject to subsection (c) of this Section, before a school district solicits bids or awards a contract, the district may review and consider as a bid under subsection (a) of this Section certified education purchasing contracts that are already available through the State education purchasing entity.
(Source: P.A. 102-1101, eff. 6-29-22; 103-8, eff. 1-1-24 .)
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105 ILCS 5/10-20.21a (105 ILCS 5/10-20.21a)
Sec. 10-20.21a. Contracts for charter bus services. To award
contracts for providing charter bus services for the sole purpose of
transporting students regularly enrolled in grade 12 or below to or
from interscholastic athletic or interscholastic or school sponsored
activities.
All contracts for providing charter bus services for the sole
purpose of transporting students regularly enrolled in grade 12 or
below to or from interscholastic athletic or interscholastic or school
sponsored activities must contain clause (A) as
set forth below, except that a contract with an out-of-state company may
contain
clause (B), as set forth below, or clause (A). The clause must be set
forth in the body of the
contract in typeface of at least 12 points and all upper case letters:
(A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY SERVICES ARE
PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS | | STATE POLICE IN THE FORM AND MANNER PRESCRIBED BY THE ILLINOIS STATE POLICE. THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE ILLINOIS STATE POLICE AND FEDERAL BUREAU OF INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT THEY HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE ILLINOIS VEHICLE CODE; AND
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(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
| | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION, INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY AGENCY."
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(B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY SERVICES ARE
PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS
| | STATE POLICE IN THE FORM AND MANNER PRESCRIBED BY THE ILLINOIS STATE POLICE. THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE ILLINOIS STATE POLICE AND FEDERAL BUREAU OF INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT THEY HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE ILLINOIS VEHICLE CODE; AND
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(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
| | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION, INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY AGENCY."
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(Source: P.A. 102-538, eff. 8-20-21.)
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105 ILCS 5/10-20.22
(105 ILCS 5/10-20.22)
Sec. 10-20.22. (Repealed).
(Source: P.A. 77-530. Repealed by P.A. 94-600, eff. 8-16-05.)
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105 ILCS 5/10-20.23
(105 ILCS 5/10-20.23)
Sec. 10-20.23. (Repealed).
(Source: P.A. 77-533. Repealed by P.A. 94-600, eff. 8-16-05.)
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105 ILCS 5/10-20.24
(105 ILCS 5/10-20.24) (from Ch. 122, par. 10-20.24)
Sec. 10-20.24.
Part-time Attendance.
To accept in part-time attendance
in the regular education program of the district pupils enrolled in nonpublic
schools if there is sufficient space in the public school desired to be
attended. Request for attendance in the following school year must be
submitted by the nonpublic school principal to the public school before
May 1. Request may be made only to those public schools located in the
district where the child attending the nonpublic school resides.
To accept, pursuant to the provisions of Section 14-6.01, in part-time
attendance resident pupils of the types described in Sections 14-1.02 through
14-1.07 who are enrolled in nonpublic schools.
(Source: P.A. 80-1509.)
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105 ILCS 5/10-20.25
(105 ILCS 5/10-20.25)
Sec. 10-20.25. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-20.25a
(105 ILCS 5/10-20.25a) (from Ch. 122, par. 10-20.25a)
Sec. 10-20.25a.
Report of student statistics.
To report to the State
Board of Education the annual student dropout rate and number of students
who graduate from, transfer from or otherwise leave bilingual programs.
(Source: P.A. 84-662.)
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105 ILCS 5/10-20.26
(105 ILCS 5/10-20.26) (from Ch. 122, par. 10-20.26)
Sec. 10-20.26. Report of teacher dismissals. To send an annual report,
on or before October 15, to the State Board of Education which discloses
the number of probationary teachers and the number of teachers in contractual
continued service who have been dismissed or removed as a result of the
board's decision to decrease the number of teachers employed or to discontinue
any type of teaching service. The report will also list the number in each
teacher category which were subsequently reemployed by the board.
(Source: P.A. 96-734, eff. 8-25-09.)
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105 ILCS 5/10-20.27
(105 ILCS 5/10-20.27) (from Ch. 122, par. 10-20.27)
Sec. 10-20.27.
To file with the regional superintendent a list of all
unfilled teaching positions in the district by August 1 of each year, and
to report to the regional superintendent no less frequently than by the
first day of every month other than August, all teaching positions which, subsequent
to the filing of such list, become
vacant or are filled.
(Source: P.A. 83-503.)
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105 ILCS 5/10-20.28
(105 ILCS 5/10-20.28) (from Ch. 122, par. 10-20.28)
Sec. 10-20.28.
Cellular radio telecommunication devices.
(a) The General Assembly finds and declares that the educational
development of
all persons to the limits of their capacities is a fundamental goal of the
people of this State and that to achieve such goal it is essential to provide a
safe and secure learning environment within the public schools. While
recognizing that cellular radio telecommunication devices may be used for
inappropriate activities during school hours and on school property and may, on
occasion, cause disruption to the classroom environment, the General Assembly
also recognizes that the use of cellular radio telecommunication devices can
decrease the response time of officials to emergency situations. In addition,
cellular radio telecommunication devices allow parents an additional and timely
method of contacting their children should an emergency situation arise.
Therefore, it is the purpose and intention of the General Assembly in enacting
this legislation to (i) reduce the occurrence of inappropriate and disruptive
activities during school hours and on school property occurring through the use
of cellular radio telecommunication devices and (ii) increase the safety of
students and school personnel during school hours and on school property.
(b) The school board may establish appropriate rules and
disciplinary procedures governing the use or possession of cellular radio
telecommunication devices by a student while in a school or on school property,
during regular school hours, or at any other time.
(Source: P.A. 92-793, eff. 8-9-02.)
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105 ILCS 5/10-20.29
(105 ILCS 5/10-20.29)
Sec. 10-20.29. (Repealed).
(Source: P.A. 88-71. Repealed by P.A. 96-734, eff. 8-25-09.)
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105 ILCS 5/10-20.30
(105 ILCS 5/10-20.30)
Sec. 10-20.30.
No pass-no play policy.
Beginning with the 1998-99 school
year, the school board of each school
district that maintains any of grades 9 through 12 shall establish, implement,
and enforce a uniform and consistent policy under which a student in any of
those grades who fails to maintain a specified minimum grade point average or a
specified minimum grade in each course in which the student is enrolled or both
is suspended from further participation in any school-sponsored or
school-supported athletic or extracurricular activities for a specified period
or until a specified minimum grade point average or minimum grade or both are
earned by the student. Each school board shall adopt a policy as required by
this Section not later than one year after the effective date of this
amendatory Act of 1997 and shall concurrently file a copy of that policy with
the State Board of Education. After the policy has been in effect for one
year, the school board shall file a report with the
State Board of Education setting forth the number and length of suspensions
imposed under the policy during the period covered by the report.
If the school board already has a policy that is consistent with the
requirements of this Section in effect on the effective date of this amendatory
Act of 1997,
it shall file a copy of that policy with the State Board of Education within 90
days after the effective date of this amendatory Act and shall file the annual
report required under this Section 12 months thereafter.
(Source: P.A. 90-548, eff. 1-1-98.)
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105 ILCS 5/10-20.31
(105 ILCS 5/10-20.31)
Sec. 10-20.31.
Occupational standards.
A school board shall not require
a student to meet occupational standards for grade level promotion or
graduation unless that student is voluntarily enrolled in a job training
program.
(Source: P.A. 91-175, eff. 1-1-00; 92-16, eff. 6-28-01.)
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105 ILCS 5/10-20.32
(105 ILCS 5/10-20.32)
Sec. 10-20.32. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 94-600, eff. 8-16-05.)
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105 ILCS 5/10-20.33
(105 ILCS 5/10-20.33)
Sec. 10-20.33. Time out, isolated time out, restraint, and necessities; limitations and prohibitions. (a) The General Assembly finds and declares that the use of isolated time
out, time out, and physical restraint on children and youth carries risks to the health and safety of students and staff; therefore, the ultimate
goal is to reduce and eventually eliminate the use of those interventions. The General Assembly also finds and declares that the State Board of Education
must take affirmative action to lead and support schools in
transforming the school culture to reduce and eliminate the use of all
such interventions over time. (b) In this Section: "Chemical restraint" means the use of medication to control a student's behavior or to restrict a student's freedom of movement. "Chemical restraint" does not include medication that is legally prescribed and administered as part of a student's regular medical regimen to manage behavioral symptoms and treat medical symptoms. "Isolated time out" means the involuntary confinement of a student alone in a time out room or other enclosure outside of the classroom without a supervising adult in the time out room or enclosure. "Isolated time out" or "time out" does not include a student-initiated or student-requested break, a student-initiated sensory break or a teacher-initiated sensory break that may include a sensory room containing sensory tools to assist a student to calm and de-escalate, an in-school suspension or detention, or any other appropriate disciplinary measure, including the student's brief removal to the hallway or similar environment. "Mechanical restraint" means the use of any device or equipment to limit a student's movement or to hold a student immobile. "Mechanical restraint" does not include any restraint used to (i) treat a student's medical needs; (ii) protect a student who is known to be at risk of injury resulting from a lack of coordination or frequent loss of consciousness; (iii) position a student with physical disabilities in a manner specified in the student's individualized education program, federal Section 504 plan, or other plan of care; (iv) provide a supplementary aid, service, or accommodation, including, but not limited to, assistive technology that provides proprioceptive input or aids in self-regulation; or (v) promote student safety in vehicles used to transport students. "Physical restraint" or "restraint" means holding a student or otherwise restricting a student's movements. "Physical restraint" or "restraint" does not include momentary periods of physical restriction by direct person to person contact, without the aid of material or mechanical devices, that are accomplished with limited force and that are designed to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property. "Prone physical restraint" means a physical restraint in which a student is held face down on the floor or other surface and physical pressure is applied to the student's body to keep the student in the prone position. "Time out" means a behavior management technique for the purpose of calming or de-escalation that involves the involuntary monitored separation of a student from classmates with a trained adult for part of the school day, only for a brief time, in a nonlocked setting. (c) Isolated time out, time out, and physical restraint, other than prone physical restraint, may be used only if (i) the student's behavior presents an imminent danger of serious physical harm to the student or to others; (ii) other less restrictive and intrusive measures have been tried and have proven to be ineffective in stopping the imminent danger of serious physical harm; (iii) there is no known medical contraindication to its use on the student; and (iv) the school staff member or members applying the use of time out, isolated time out, or physical restraint on a student have been trained in its safe application, as established by rule by the State Board of Education. Isolated time out is allowed only under limited circumstances as set forth in this Section. If all other requirements under this Section are met, isolated time out may be used only if the adult in the time out room or enclosure is in imminent danger of serious physical harm because the student is unable to cease actively engaging in extreme physical aggression. Mechanical restraint and chemical restraint are prohibited. Prone restraint is prohibited except when all of the following conditions are satisfied: (1) The student's Behavior Intervention Plan | | specifically allows for prone restraint of the student.
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| (2) The Behavior Intervention Plan was put into place
| | (3) The student's Behavior Intervention Plan has been
| | approved by the IEP team.
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| (4) The school staff member or staff members applying
| | the use of prone restraint on a student have been trained in its safe application as established by rule by the State Board of Education.
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| (5) The school must be able to document and
| | demonstrate to the IEP team that the use of other de-escalation techniques provided for in the student's Behavior Intervention Plan were ineffective.
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| (6) The use of prone restraint occurs within the
| | All instances of the utilization of prone restraint must be reported in accordance with the provisions of this amendatory Act of the 102nd General Assembly. Nothing in this Section shall prohibit the State Board of Education from adopting administrative rules that further restrict or disqualify the use of prone restraint.
(d) The use
of any of the following rooms or enclosures for an isolated time out or time out purposes is
prohibited:
(1) a locked room or a room in which the door is
| | obstructed, prohibiting it from opening;
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(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually
| |
(4) any other room or enclosure or time out procedure
| | that is contrary to current rules adopted by the State Board of Education.
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(e) The deprivation of necessities needed to sustain the health of a person, including, without limitation, the denial or unreasonable delay in the provision of the following, is prohibited:
(1) food or liquid at a time when it is customarily
| | (2) medication; or
(3) the use of a restroom.
(f) (Blank).
(g) Following each incident of isolated time out, time out, or physical restraint, but no later than 2 school days after the incident, the principal or another designated administrator shall notify the student's parent or guardian that he or she may request a meeting with appropriate school personnel to discuss the incident. This meeting shall be held separate and apart from meetings held in accordance with the student's individualized education program or from meetings held in accordance with the student's plan for services under Section 504 of the federal Rehabilitation Act of 1973. If a parent or guardian requests a meeting, the meeting shall be convened within 2 school days after the request, provided that the 2-school day limitation shall be extended if requested by the parent or guardian. The parent or guardian may also request that the meeting be convened via telephone or video conference.
The meeting shall include the student, if appropriate, at least one school staff member involved in the incident of isolated time out, time out, or physical restraint, the student's parent or guardian, and at least one appropriate school staff member not involved in the incident of isolated time out, time out, or physical restraint, such as a social worker, psychologist, nurse, or behavioral specialist. During the meeting, the school staff member or members involved in the incident of isolated time out, time out, or physical restraint, the student, and the student's parent or guardian, if applicable, shall be provided an opportunity to describe (i) the events that occurred prior to the incident of isolated time out, time out, or physical restraint and any actions that were taken by school personnel or the student leading up to the incident; (ii) the incident of isolated time out, time out, or physical restraint; and (iii) the events that occurred or the actions that were taken following the incident of isolated time out, time out, or physical restraint and whether the student returned to regular school activities and, if not, how the student spent the remainder of the school day. All parties present at the meeting shall have the opportunity to discuss what school personnel could have done differently to avoid the incident of isolated time out, time out, or physical restraint and what alternative courses of action, if any, the school can take to support the student and to avoid the future use of isolated time out, time out, or physical restraint. At no point may a student be excluded from school solely because a meeting has not occurred.
A summary of the meeting and any agreements or conclusions reached during the meeting shall be documented in writing and shall become part of the student's school record. A copy of the documents shall be provided to the student's parent or guardian. If a parent or guardian does not request a meeting within 10 school days after the school has provided the documents to the parent or guardian or if a parent or guardian fails to attend a requested meeting, that fact shall be documented as part of the student's school record.
(h) Whenever isolated time out, time out, or physical restraint is used, school personnel shall fully document and report to the State Board
of Education the incident, including the events
leading up to the incident, what alternative measures that are less
restrictive and intrusive were used prior to the use of isolated time out, time out, or
physical restraint, why those measures were ineffective or deemed inappropriate, the type of restraint, isolated time out, or time out that was used, the length of time the
student was in isolated time out or time out or was restrained, and the staff involved. The parents or guardian of
a student and the State Superintendent of Education shall be informed whenever isolated time out, time out, or physical restraint is used.
Schools shall provide parents and guardians with the following
information, to be developed by the State Board and which may be incorporated into the State Board's prescribed physical restraint and time out form at the discretion of the State Board, after each
incident in which isolated time out, time out, or physical restraint is used during
the school year, in printed form or, upon the written request of
the parent or guardian, by email:
(1) a copy of the standards for when isolated time
| | out, time out, and physical restraint can be used;
|
| (2) information about the rights of parents,
| | guardians, and students; and
|
| (3) information about the parent's or guardian's
| | right to file a complaint with the State Superintendent of Education, the complaint process, and other information to assist the parent or guardian in navigating the complaint process.
|
| (i) Any use of isolated time out, time out, or physical restraint that is permitted by a school board's policy shall be implemented in accordance with written procedures.
(Source: P.A. 102-339, eff. 8-13-21.)
|
105 ILCS 5/10-20.34
(105 ILCS 5/10-20.34)
Sec. 10-20.34.
Medicaid-eligible children; health care resources.
As authorized by federal law, a school district may access federally funded
health
care resources if the school district
provides early periodic screening and diagnostic testing services,
including screening and diagnostic services, health care and treatment,
preventive health care, or any other measure, to correct or improve
health impairments of Medicaid-eligible children.
(Source: P.A. 91-842, eff. 6-22-00.)
|
105 ILCS 5/10-20.35
(105 ILCS 5/10-20.35)
Sec. 10-20.35. Medical information form for bus drivers and
emergency medical technicians. School districts are encouraged to
create and use an emergency medical information form for bus drivers and
emergency medical technicians for those students with special needs or
medical conditions. The form may include without
limitation
information to be provided by the student's parent or legal guardian
concerning the student's relevant medical conditions, medications that
the student is taking, the student's communication skills, and how a
bus driver or an emergency medical technician is to respond to
certain behaviors of the student. If the form is used, the school
district is encouraged to notify parents and legal guardians of the
availability of the form. The parent or legal guardian of the student may fill
out the
form and submit it to the school that the student is attending. The
school district is encouraged to keep one copy of the form on file at the
school and another copy on the student's school bus in a secure location.
(Source: P.A. 95-331, eff. 8-21-07.)
|
105 ILCS 5/10-20.36 (105 ILCS 5/10-20.36) Sec. 10-20.36. Psychotropic or psychostimulant medication; disciplinary action. (a) In this Section: "Psychostimulant medication" means medication that produces increased levels of mental and physical energy and alertness and an elevated mood by stimulating the central nervous system. "Psychotropic medication" means psychotropic medication as defined in Section 1-121.1 of the Mental Health and Developmental Disabilities Code. (b) Each school board must adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student. (c) This Section does not prohibit school medical staff, an individualized educational program team, or a qualified worker (as defined in Section 14-1.10 of this Code) from recommending that a student be evaluated by an appropriate medical practitioner or prohibit school personnel from consulting with the practitioner with the consent of the student's parents or guardian. (Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542) .) |
105 ILCS 5/10-20.37
(105 ILCS 5/10-20.37)
Sec. 10-20.37. Summer kindergarten. A school board may
establish, maintain, and operate, in connection with the kindergarten
program of the school district, a summer kindergarten program that
begins 2 months before the beginning of the regular school year and a
summer kindergarten program for grade one readiness for those pupils
making unsatisfactory progress during the regular kindergarten session
that will continue for 2 months after the regular school year. The
summer kindergarten program may be held within the school district or,
pursuant to a contract that must be approved by the State Board of
Education, may be operated by 2 or more adjacent school districts or by a
public or private university or college. Transportation for students attending
the summer kindergarten program shall be the responsibility of the school
district. The expense of establishing, maintaining, and operating the summer
kindergarten program may be paid from funds contributed or otherwise made
available to the school district for that purpose by federal or State
appropriation.
(Source: P.A. 95-331, eff. 8-21-07.)
|
105 ILCS 5/10-20.38
(105 ILCS 5/10-20.38)
Sec. 10-20.38. Provision of student information
prohibited. A school district, including its agents, employees, student or alumni associations, or any affiliates, may not provide a student's name, address,
telephone number, social security number, e-mail address, or other personal
identifying information to a business organization or financial institution
that issues credit or debit cards.
(Source: P.A. 95-331, eff. 8-21-07; 96-261, eff. 1-1-10.)
|
105 ILCS 5/10-20.39
(105 ILCS 5/10-20.39)
Sec. 10-20.39. (Repealed).
(Source: P.A. 93-997, eff. 8-23-04. Repealed by P.A. 100-1046, eff. 8-23-18.)
|
105 ILCS 5/10-20.40 (105 ILCS 5/10-20.40) Sec. 10-20.40. Student biometric information. (a) For the purposes of this Section, "biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans. (b) School districts that collect biometric information from students shall adopt policies that require, at a minimum, all of the following: (1) Written permission from the individual who has | | legal custody of the student, as defined in Section 10-20.12b of this Code, or from the student if he or she has reached the age of 18.
|
| (2) The discontinuation of use of a student's
| | biometric information under either of the following conditions:
|
| (A) upon the student's graduation or withdrawal
| | from the school district; or
|
| (B) upon receipt in writing of a request for
| | discontinuation by the individual having legal custody of the student or by the student if he or she has reached the age of 18.
|
| (3) The destruction of all of a student's biometric
| | information within 30 days after the use of the biometric information is discontinued in accordance with item (2) of this subsection (b).
|
| (4) The use of biometric information solely for
| | identification or fraud prevention.
|
| (5) A prohibition on the sale, lease, or other
| | disclosure of biometric information to another person or entity, unless:
|
| (A) the individual who has legal custody of the
| | student or the student, if he or she has reached the age of 18, consents to the disclosure; or
|
| (B) the disclosure is required by court order.
(6) The storage, transmittal, and protection of all
| | biometric information from disclosure.
|
| (c) Failure to provide written consent under item (1) of subsection (b) of this Section by the individual who has legal custody of the student or by the student, if he or she has reached the age of 18, must not be the basis for refusal of any services otherwise available to the student.
(d) Student biometric information may be destroyed without notification to or the approval of a local records commission under the Local Records Act if destroyed within 30 days after the use of the biometric information is discontinued in accordance with item (2) of subsection (b) of this Section.
(Source: P.A. 95-232, eff. 8-16-07; 95-793, eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.)
|
105 ILCS 5/10-20.41 (105 ILCS 5/10-20.41) Sec. 10-20.41. Use of facilities by community organizations. School boards are encouraged to allow community organizations to use school facilities during non-school hours. If a school board allows a community organization to use school facilities during non-school hours, the board must adopt a formal policy governing the use of school facilities by community organizations during non-school hours. The policy shall prohibit such use if it interferes with any school functions or the safety of students or school personnel or affects the property or liability of the school district.
(Source: P.A. 95-308, eff. 8-20-07; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.) |
105 ILCS 5/10-20.42 (105 ILCS 5/10-20.42) Sec. 10-20.42. Wind and solar farms. A school district may own and operate a wind or solar generation turbine farm, either individually or jointly with a unit of local government, school district, or community college district that is authorized to own and operate a wind or solar generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the school district. The school district may ask for the assistance of any State agency, including without limitation the State Board of Education, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind or solar generation turbine farm.
(Source: P.A. 95-390, eff. 8-23-07; 95-805, eff. 8-12-08; 95-876, eff. 8-21-08; 96-725, eff. 8-25-09.) |
105 ILCS 5/10-20.43 (105 ILCS 5/10-20.43)
Sec. 10-20.43. School facility and resources occupation tax fund. All proceeds received by a school district from a distribution under Section 3-14.31 must be maintained in a special fund known as the school facility and resources occupation tax fund. The district may use moneys in that fund only for school facility purposes, as that term is defined under Section 5-1006.7 of the Counties Code.
(Source: P.A. 101-455, eff. 8-23-19.) |
105 ILCS 5/10-20.44 (105 ILCS 5/10-20.44) Sec. 10-20.44. Report on contracts. (a) This Section applies to all school districts, including a school district organized under Article 34 of this Code. (b) A school board must
list on the district's Internet website, if any, all contracts
over $25,000 and any contract that the school board enters into
with an exclusive bargaining representative. (c) Each year, in conjunction with the submission of the Statement of Affairs to the State Board of Education prior to December 1, provided for in Section 10-17, each school district shall submit to the State Board of Education an annual report on all contracts over $25,000 awarded by the school district during the previous fiscal year. The report shall include at least the following: (1) the total number of all contracts awarded by the | | (2) the total value of all contracts awarded;
(3) the number of contracts awarded to minority-owned
| | businesses, women-owned businesses, and businesses owned by persons with disabilities, as defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and locally owned businesses; and
|
| (4) the total value of contracts awarded to
| | minority-owned businesses, women-owned businesses, and businesses owned by persons with disabilities, as defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and locally owned businesses.
|
| The report shall be made available to the public, including publication on the school district's Internet website, if any.
(Source: P.A. 100-391, eff. 8-25-17.)
|
105 ILCS 5/10-20.45 (105 ILCS 5/10-20.45)
Sec. 10-20.45. Pay for performance.
(a) Beginning with all newly-negotiated collective bargaining agreements entered into after the effective date of this amendatory Act of the 95th General Assembly, a school board and the exclusive bargaining representative, if any, may include a performance-based teacher compensation plan in the subject of its collective bargaining agreement. Nothing in this Section shall preclude the school board and the exclusive bargaining representative from agreeing to and implementing a new performance-based teacher compensation plan prior to the termination of the current collective bargaining agreement. (b) The new teacher compensation plan bargained and agreed to by the school board and the exclusive bargaining representative under subsection (a) of this Section shall provide certificated personnel with base salaries and shall also provide that any increases in the compensation of individual teachers or groups of teachers beyond base salaries shall be pursuant, but not limited to, any of the following elements: (1) Superior teacher evaluations based on multiple | | evaluations of their classroom teaching.
|
| (2) Evaluation of a teacher's student classroom-level
| | achievement growth as measured using a value-added model. "Value-added" means the improvement gains in student achievement that are made each year based on pre-test and post-test outcomes.
|
| (3) Evaluation of school-level achievement growth as
| | measured using a value-added model. "Value-added" means the improvement gains in student achievement that are made each year based on pre-test and post-test outcomes.
|
| (4) Demonstration of superior, outstanding
| | performance by an individual teacher or groups of teachers through the meeting of unique and specific teaching practice objectives defined and agreed to in advance in any given school year.
|
| (5) Preparation for meeting and contribution to the
| | broader needs of the school organization (e.g., curriculum development, family liaison and community outreach, implementation of a professional development program for faculty, and participation in school management).
|
| (c) A school board and exclusive bargaining representative that initiate their own performance-based teacher compensation program shall submit the new plan to the State Board of Education for review not later than 150 days before the plan is to become effective. If the plan does not conform to this Section, the State Board of Education shall return the plan to the school board and the exclusive bargaining representative for modification. The school board and the exclusive bargaining representative shall then have 30 days after the plan is returned to them to submit a modified plan.
(Source: P.A. 95-707, eff. 1-11-08; 96-328, eff. 8-11-09.)
|
105 ILCS 5/10-20.46 (105 ILCS 5/10-20.46)
Sec. 10-20.46. Veterans' Day; moment of silence. If a school holds any type of event at the school on November 11, Veterans' Day, the school board shall require a moment of silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.) |
105 ILCS 5/10-20.47 (105 ILCS 5/10-20.47) Sec. 10-20.47. Administrator and teacher salary and benefits; report. Each school board shall report to the State Board of Education, on or before October 1 of each year, the base salary and benefits of the district superintendent and all administrators and teachers employed by the school district. For the purposes of this Section, "benefits" includes without limitation vacation days, sick days, bonuses, annuities, and retirement enhancements.
Prior to this annual reporting to the State Board of Education, the information must be presented at a regular school board meeting, subject to applicable notice requirements, and then posted on the Internet website of the school district, if any. (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-256, eff. 1-1-12.) |
105 ILCS 5/10-20.48 (105 ILCS 5/10-20.48) Sec. 10-20.48. Radon testing. (a) It is recommended that every occupied school building of a school district be tested every 5 years for radon pursuant to rules established by the Illinois Emergency Management Agency (IEMA). (b) It is recommended that new schools of a school district be built using radon resistant new construction techniques, as shown in the United States Environmental Protection Agency document, Radon Prevention in the Design and Construction of Schools and Other Large Buildings. (c) Each school district may maintain, make available for review, and notify parents and faculty of test results under this Section. The district shall report radon test results to the State Board of Education, which shall prepare a report every 2 years of the results from all schools that have performed tests, to be submitted to the General Assembly and the Governor. (d) If IEMA exempts an individual from being required to be a licensed radon professional, the individual does not need to be a licensed radon professional in order to perform screening tests under this Section. A school district may elect to have one or more employees from the district attend an IEMA-approved, Internet-based training course on school testing in order to receive an exemption to conduct testing in that school district. These school district employees must perform the measurements in accordance with procedures approved by IEMA. If an exemption from IEMA is not received, the school district must use a licensed radon professional to conduct measurements. (e) If the results of a radon screening test under this Section are found to be 4.0 pCi/L or above, the school district may hire a licensed radon professional to perform measurements before any mitigation decisions are made. If radon levels of 4.0 pCi/L or above are found, it is recommended that affected areas be mitigated by a licensed radon mitigation professional with respect to both design and installation. IEMA may provide the school district with a list of licensed radon mitigation professionals. (f) A screening test under this Section may be done with a test kit found in a hardware store, department store, or home improvement store or with a kit ordered through the mail or over the Internet. However, the kit must be provided by a laboratory licensed in accordance with the Radon Industry Licensing Act.
(Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
105 ILCS 5/10-20.49 (105 ILCS 5/10-20.49) Sec. 10-20.49. Compliance with Chemical Safety Acts. Each school district must adopt a procedure to comply with the requirements of the Lawn Care Products Application and Notice Act and the Structural Pest Control Act. The school district must designate a staff person who is responsible for compliance with the requirements of these Acts.
(Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.) |
105 ILCS 5/10-20.50
(105 ILCS 5/10-20.50)
Sec. 10-20.50. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-256, eff. 1-1-12.)
|
105 ILCS 5/10-20.51 (105 ILCS 5/10-20.51) Sec. 10-20.51. Press boxes; accessibility. A school board does not have to comply with the Illinois Accessibility Code (71 Ill. Adm. Code 400) with respect to accessibility to press boxes that are on school property if the press boxes are in bleachers that have points of entry at only one level, and the aggregate area of the press box is no more than 500 square feet.
(Source: P.A. 96-674, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-355, eff. 1-1-12.) |
105 ILCS 5/10-20.52 (105 ILCS 5/10-20.52) Sec. 10-20.52. American Sign Language courses. School boards are encouraged to implement American Sign Language courses into school foreign language curricula.
(Source: P.A. 96-843, eff. 6-1-10; 97-333, eff. 8-12-11.) |
105 ILCS 5/10-20.53 (105 ILCS 5/10-20.53) Sec. 10-20.53. Minimum reading instruction. Each school board shall promote 60 minutes of minimum reading opportunities daily for students in kindergarten through 3rd grade whose reading level is one grade level or lower than their current grade level according to current learning standards and the school district.
(Source: P.A. 97-88, eff. 7-8-11; 97-813, eff. 7-13-12.) |
105 ILCS 5/10-20.54
(105 ILCS 5/10-20.54)
Sec. 10-20.54. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-245, eff. 8-3-15.)
|
105 ILCS 5/10-20.55 (105 ILCS 5/10-20.55) Sec. 10-20.55. Bring Your Parents to School Day. A school board may designate the first Monday in October of each year "Bring Your Parents to School Day" to promote parental involvement and student success. On this day, the school board may permit the parents or guardians of students to attend class with their children and meet with teachers and administrators during the school day.
(Source: P.A. 98-304, eff. 1-1-14.) |
105 ILCS 5/10-20.56 (105 ILCS 5/10-20.56) Sec. 10-20.56. E-learning days. (a) The State Board of Education shall establish and maintain, for implementation in school districts, a program for use of electronic-learning (e-learning) days, as described in this Section. School districts may utilize a program approved under this Section for use during remote learning days and blended remote learning days under Section 10-30 or 34-18.66. (b) The school board of a school district may, by resolution, adopt a research-based program or research-based programs for e-learning days district-wide that shall permit student instruction to be received electronically while students are not physically present in lieu of the district's scheduled emergency days as required by Section 10-19 of this Code or because a school was selected to be a polling place under Section 11-4.1 of the Election Code. The research-based program or programs may not exceed the minimum number of emergency days in the approved school calendar and must be verified annually by the regional office of education or intermediate service center for the school district before the implementation of any e-learning days in that school year to ensure access for all students. The regional office of education or intermediate service center shall ensure that the specific needs of all students are met, including special education students and English learners, and that all mandates are still met using the proposed research-based program. The e-learning program may utilize the Internet, telephones, texts, chat rooms, or other similar means of electronic communication for instruction and interaction between teachers and students that meet the needs of all learners. The e-learning program shall address the school district's responsibility to ensure that all teachers and staff who may be involved in the provision of e-learning have access to any and all hardware and software that may be required for the program. If a proposed program does not address this responsibility, the school district must propose an alternate program. (c) Before its adoption by a school board, the school board must hold a public hearing on a school district's initial proposal for an e-learning program or for renewal of such a program, at a regular or special meeting of the school board, in which the terms of the proposal must be substantially presented and an opportunity for allowing public comments must be provided. Notice of such public hearing must be provided at least 10 days prior to the hearing by: (1) publication in a newspaper of general circulation | | (2) written or electronic notice designed to reach
| | the parents or guardians of all students enrolled in the school district; and
|
| (3) written or electronic notice designed to reach
| | any exclusive collective bargaining representatives of school district employees and all those employees not in a collective bargaining unit.
|
| (d) The regional office of education or intermediate service center for the school district must timely verify that a proposal for an e-learning program has met the requirements specified in this Section and that the proposal contains provisions designed to reasonably and practicably accomplish the following:
(1) to ensure and verify at least 5 clock hours of
| | instruction or school work, as required under Section 10-19.05, for each student participating in an e-learning day;
|
| (2) to ensure access from home or other appropriate
| | remote facility for all students participating, including computers, the Internet, and other forms of electronic communication that must be utilized in the proposed program;
|
| (2.5) to ensure that non-electronic materials are
| | made available to students participating in the program who do not have access to the required technology or to participating teachers or students who are prevented from accessing the required technology;
|
| (3) to ensure appropriate learning opportunities for
| | students with special needs;
|
| (4) to monitor and verify each student's electronic
| | (5) to address the extent to which student
| | participation is within the student's control as to the time, pace, and means of learning;
|
| (6) to provide effective notice to students and their
| | parents or guardians of the use of particular days for e-learning;
|
| (7) to provide staff and students with adequate
| | training for e-learning days' participation;
|
| (8) to ensure an opportunity for any collective
| | bargaining negotiations with representatives of the school district's employees that would be legally required, including all classifications of school district employees who are represented by collective bargaining agreements and who would be affected in the event of an e-learning day;
|
| (9) to review and revise the program as implemented
| | to address difficulties confronted; and
|
| (10) to ensure that the protocol regarding general
| | expectations and responsibilities of the program is communicated to teachers, staff, and students at least 30 days prior to utilizing an e-learning day in a school year.
|
| The school board's approval of a school district's initial e-learning program and renewal of the e-learning program shall be for a term of 3 school years, beginning with the first school year in which the program was approved and verified by the regional office of education or intermediate service center for the school district.
(d-5) A school district shall pay to its contractors who provide educational support services to the district, including, but not limited to, custodial, transportation, or food service providers, their daily, regular rate of pay or billings rendered for any e-learning day that is used because a school was selected to be a polling place under Section 11-4.1 of the Election Code, except that this requirement does not apply to contractors who are paid under contracts that are entered into, amended, or renewed on or after March 15, 2022 or to contracts that otherwise address compensation for such e-learning days.
(d-10) A school district shall pay to its employees who provide educational support services to the district, including, but not limited to, custodial employees, building maintenance employees, transportation employees, food service providers, classroom assistants, or administrative staff, their daily, regular rate of pay and benefits rendered for any school closure or e-learning day if the closure precludes them from performing their regularly scheduled duties and the employee would have reported for work but for the closure, except this requirement does not apply if the day is rescheduled and the employee will be paid their daily, regular rate of pay and benefits for the rescheduled day when services are rendered.
(d-15) A school district shall make full payment that would have otherwise been paid to its contractors who provide educational support services to the district, including, but not limited to, custodial, building maintenance, transportation, food service providers, classroom assistants, or administrative staff, their daily, regular rate of pay and benefits rendered for any school closure or e-learning day if any closure precludes them from performing their regularly scheduled duties and employees would have reported for work but for the closure. The employees who provide the support services covered by such contracts shall be paid their daily bid package rates and benefits as defined by their local operating agreements or collective bargaining agreements, except this requirement does not apply if the day is rescheduled and the employee will be paid their daily, regular rate of pay and benefits for the rescheduled day when services are rendered.
(d-20) A school district shall make full payment or reimbursement to an employee or contractor as specified in subsection (d-10) or (d-15) of this Section for any school closure or e-learning day in the 2021-2022 school year that occurred prior to the effective date of this amendatory Act of the 102nd General Assembly if the employee or contractor did not receive pay or was required to use earned paid time off, except this requirement does not apply if the day is rescheduled and the employee will be paid their daily, regular rate of pay and benefits for the rescheduled day when services are rendered.
(e) The State Board of Education may adopt rules consistent with the provision of this Section.
(f) For purposes of subsections (d-10), (d-15), and (d-20) of this Section:
"Employee" means anyone employed by a school district on or after the effective date of this amendatory Act of the 102nd General Assembly.
"School district" includes charter schools established under Article 27A of this Code, but does not include the Department of Juvenile Justice School District.
(Source: P.A. 102-584, eff. 6-1-22; 102-697, eff. 4-5-22; 103-780, eff. 8-2-24.)
|
105 ILCS 5/10-20.57 (105 ILCS 5/10-20.57) Sec. 10-20.57. Carbon monoxide alarm required. (a) In this Section: "Approved carbon monoxide alarm" and "alarm" have the meaning ascribed to those terms in the Carbon Monoxide Alarm Detector Act. "Carbon monoxide detector" and "detector" mean a device having a sensor that responds to carbon monoxide gas and that is connected to an alarm control unit and approved in accordance with rules adopted by the State Fire Marshal. (b) A school board shall require that each school under its authority be equipped with approved carbon monoxide alarms or carbon monoxide detectors. The alarms must be powered as follows: (1) For a school designed before January 1, 2016 (the | | effective date of Public Act 99-470), alarms powered by batteries are permitted. In accordance with Section 17-2.11 of this Code, alarms permanently powered by the building's electrical system and monitored by any required fire alarm system are also permitted. Fire prevention and safety tax levy proceeds or bond proceeds may be used for alarms.
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| (2) For a school designed on or after January 1, 2016
| | (the effective date of Public Act 99-470), alarms must be permanently powered by the building's electrical system or be an approved carbon monoxide detection system. An installation required in this subdivision (2) must be monitored by any required fire alarm system.
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| Alarms or detectors must be located within 20 feet of a carbon monoxide emitting device. Alarms or detectors must be in operating condition and be inspected annually. A school is exempt from the requirements of this Section if it does not have or is not close to any sources of carbon monoxide. A school must require plans, protocols, and procedures in response to the activation of a carbon monoxide alarm or carbon monoxide detection system.
(Source: P.A. 99-470, eff. 1-1-16; 99-642, eff. 7-28-16.)
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105 ILCS 5/10-20.58 (105 ILCS 5/10-20.58) Sec. 10-20.58. Accelerate College pilot program. School districts may enter into Accelerate College educational partnership agreements as authorized under Section 3-42.4 of the Public Community College Act.
(Source: P.A. 99-611, eff. 7-22-16; 100-201, eff. 8-18-17.) |
105 ILCS 5/10-20.59 (105 ILCS 5/10-20.59) Sec. 10-20.59. DCFS liaison. (a) Each school board must appoint at least one employee to act as a liaison to facilitate the enrollment and transfer of records of students in the legal custody of the Department of Children and Family Services when enrolling in or changing schools. The school board may appoint any employee of the school district who is licensed under Article 21B of this Code to act as a liaison; however, employees who meet any of the following criteria must be prioritized for appointment: (1) Employees who have worked with mobile student | | populations or students in foster care.
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| (2) Employees who are familiar with enrollment,
| | record transfers, existing community services, and student support services.
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| (3) Employees who serve as a high-level administrator.
(4) Employees who are counselors or have experience
| | (5) Employees who are knowledgeable on child welfare
| | (6) Employees who serve as a school social worker.
(b) Liaisons under this Section are encouraged to build capacity and infrastructure within their school district to support students in the legal custody of the Department of Children and Family Services. Liaison responsibilities may include the following:
(1) streamlining the enrollment processes for
| | (2) implementing student data tracking and monitoring
| | (3) ensuring that students in the legal custody of
| | the Department of Children and Family Services receive all school nutrition and meal programs available;
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| (4) coordinating student withdrawal from a school,
| | record transfers, and credit recovery;
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| (5) becoming experts on the foster care system and
| | State laws and policies in place that support children under the legal custody of the Department of Children and Family Services;
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| (6) coordinating with child welfare partners;
(7) providing foster care-related information and
| | training to the school district;
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| (8) working with the Department of Children and
| | Family Services to help students maintain their school placement, if appropriate;
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| (9) reviewing student schedules to ensure that
| | students are on track to graduate;
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| (10) encouraging a successful transition into
| | adulthood and post-secondary opportunities;
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| (11) encouraging involvement in extracurricular
| | (12) knowing what support is available within the
| | school district and community for students in the legal custody of the Department of Children and Family Services.
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| (c) A school district is required to designate a liaison by the beginning of the 2022-2023 school year.
(d) Individuals licensed under Article 21B of this Code acting as a liaison under this Section shall perform the duties of a liaison in addition to existing contractual obligations.
(Source: P.A. 102-199, eff. 7-1-22 .)
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105 ILCS 5/10-20.60 (105 ILCS 5/10-20.60) Sec. 10-20.60. Breastfeeding accommodations for pupils. (a) Each public school shall provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. Reasonable accommodations under this Section include, but are not limited to, all of the following: (1) Access to a private and secure room, other than a | | restroom, to express breast milk or breastfeed an infant child.
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| (2) Permission to bring onto a school campus a breast
| | pump and any other equipment used to express breast milk.
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| (3) Access to a power source for a breast pump or any
| | other equipment used to express breast milk.
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| (4) Access to a place to store expressed breast milk
| | (b) A lactating pupil on a school campus must be provided a reasonable amount of time to accommodate her need to express breast milk or breastfeed an infant child.
(c) A public school shall provide the reasonable accommodations specified in subsections (a) and (b) of this Section only if there is at least one lactating pupil on the school campus.
(d) A public school may use an existing facility to meet the requirements specified in subsection (a) of this Section.
(e) A pupil may not incur an academic penalty as a result of her use, during the school day, of the reasonable accommodations specified in this Section and must be provided the opportunity to make up any work missed due to such use.
(f) In instances where a student files a complaint of noncompliance with the requirements of this Section, the public school shall implement the grievance procedure of 23 Ill. Adm. Code 200, including appeals procedures.
(Source: P.A. 100-29, eff. 1-1-18; 100-863, eff. 8-14-18.)
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105 ILCS 5/10-20.61 (105 ILCS 5/10-20.61) Sec. 10-20.61. Implicit bias training. (a) The General Assembly makes the following findings: (1) implicit racial bias influences evaluations of | | and behavior toward those who are the subject of the bias;
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| (2) understanding implicit racial bias is needed in
| | order to reduce that bias;
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| (3) marginalized students would benefit from having
| | access to educators who have worked to reduce their biases; and
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| (4) training that helps educators overcome implicit
| | racial bias has implication for classroom interactions, student evaluation, and classroom engagement; it also affects student academic self-concept.
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| (b) Teachers, administrators, and school support personnel shall complete training to develop cultural competency, including understanding and reducing implicit racial bias, as outlined in Sections 10-22.39 and 3-11.
(c) As used in this Section, "implicit racial bias" means a preference, positive or negative, for a racial or ethnic group that operates outside of awareness. This bias has 3 different components: affective, behavioral, and cognitive.
(Source: P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542) .)
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105 ILCS 5/10-20.62 (105 ILCS 5/10-20.62) Sec. 10-20.62. Dual enrollment and dual credit notification. (a) In this Section, "dual credit course" has the meaning ascribed to that term in the Dual Credit Quality Act. (b) A qualified student shall be allowed to enroll in an unlimited amount of dual credit courses and earn an unlimited amount of academic credits from dual credit courses if the courses are taught by an Illinois instructor, as provided under the Dual Credit Quality Act. (c) A school board shall require the school district's high schools, if any, to inform all 11th and 12th grade students of dual enrollment and dual credit opportunities at public community colleges for qualified students.
(Source: P.A. 100-133, eff. 1-1-18; 100-792, eff. 1-1-19; 100-863, eff. 8-14-18 .) |
105 ILCS 5/10-20.63 (105 ILCS 5/10-20.63) Sec. 10-20.63. Availability of menstrual hygiene products. (a) The General Assembly finds the following: (1) Menstrual hygiene products are a health care | | necessity and not an item that can be foregone or substituted easily.
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| (2) Access to menstrual hygiene products is a serious
| | and ongoing need in this State.
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| (3) When students do not have access to affordable
| | menstrual hygiene products, they may miss multiple days of school every month.
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| (4) When students have access to quality menstrual
| | hygiene products, they are able to continue with their daily lives with minimal interruption.
|
| (b) In this Section:
"Menstrual hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle.
"School building" means any facility (i) that is owned or leased by a school district or over which the school board has care, custody, and control and (ii) in which there is a public school serving students in grades 6 through 12.
(c) A school district shall make menstrual hygiene products available, at no cost to students, in bathrooms of every school building that are open for student use in grades 4 through 12 during the regular school day.
(Source: P.A. 102-340, eff. 8-13-21.)
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105 ILCS 5/10-20.64 (105 ILCS 5/10-20.64) Sec. 10-20.64. Booking stations on school grounds. (a) There shall be no student booking station established or maintained on the grounds of any school. (b) This prohibition shall be applied to student booking stations only, as defined in this Section. The prohibition does not prohibit or affect the establishment or maintenance of any place operated by or under the control of law enforcement personnel, school resource officers, or other security personnel that does not also qualify as a student booking station as defined in paragraph (2) of subsection (d) of this Section. The prohibition does not affect or limit the powers afforded law enforcement officers to perform their duties within schools as otherwise prescribed by law. (c) When the underlying suspected or alleged criminal act is an act of violence, and isolation of a student or students is deemed necessary to the interest of public safety, and no other location is adequate for secure isolation of the student or students, offices as described in paragraph (1) of subsection (d) of this Section may be employed to detain students for a period no longer than that required to alleviate that threat to public safety. (d) As used in this Section, "student booking station" means a building, office, room, or any indefinitely established space or site, mobile or fixed, which operates concurrently as: (1) predominantly or regularly a place of operation | | for a municipal police department, county sheriff department, or other law enforcement agency, or under the primary control thereof; and
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| (2) a site at which students are detained in
| | connection with criminal charges or allegations against those students, taken into custody, or engaged with law enforcement personnel in any process that creates a law enforcement record of that contact with law enforcement personnel or processes.
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(Source: P.A. 100-204, eff. 8-18-17; 100-863, eff. 8-14-18.)
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105 ILCS 5/10-20.65 (105 ILCS 5/10-20.65) Sec. 10-20.65. School social worker. A school board may employ school social workers who have graduated with a master's or higher degree in social work from an accredited graduate school of social work and have such additional qualifications as may be required by the State Board of Education and who hold a Professional Educator License with a school support personnel endorsement for school social work pursuant to Section 21B-25 of this Code. Only persons so licensed and endorsed may use the title "school social worker". A school social worker may provide individual and group services to the general student population and to students with disabilities pursuant to Article 14 of this Code and rules set forth in 23 Ill. Adm. Code 226, Special Education, adopted by the State Board of Education and may provide support and consultation to administrators, teachers, and other school personnel consistent with their professional qualifications and the provisions of this Code and other applicable laws. School districts may employ a sufficient number of school social workers to address the needs of their students and schools and may maintain the nationally recommended student-to-school social worker ratio of 250 to 1. A school social worker may not provide such services outside his or her employment to any student in the district or districts that employ the school social worker.
(Source: P.A. 100-356, eff. 8-25-17; 100-863, eff. 8-14-18.) |
105 ILCS 5/10-20.66 (105 ILCS 5/10-20.66) Sec. 10-20.66. School-grown produce. A school district may serve students produce grown and harvested by students in school-owned facilities utilizing hydroponics or aeroponics or in school-owned or community gardens if the soil and compost in which the produce is grown meets the standards adopted in 35 Ill. Adm. Code 830.503, if applicable, and the produce is served in accordance with the standards adopted in 77 Ill. Adm. Code 750.
(Source: P.A. 100-505, eff. 6-1-18; 100-863, eff. 8-14-18.) |
105 ILCS 5/10-20.67 (105 ILCS 5/10-20.67) Sec. 10-20.67. Short-term substitute teacher training. (a) Each school board shall, in collaboration with its teachers or, if applicable, the exclusive bargaining representative of its teachers, jointly develop a short-term substitute teacher training program that provides individuals who hold a Short-Term Substitute Teaching License under Section 21B-20 of this Code with information on curriculum, classroom management techniques, school safety, and district and building operations. The State Board of Education may develop a model short-term substitute teacher training program for use by a school board under this subsection (a) if the school board and its teachers or, if applicable, the exclusive bargaining representative of its teachers agree to use the State Board's model. A school board with a substitute teacher training program in place before July 1, 2018 (the effective date of Public Act 100-596) may utilize that program to satisfy the requirements of this subsection (a). (b) Nothing in this Section prohibits a school board from offering substitute training to substitute teachers licensed under paragraph (3) of Section 21B-20 of this Code or to substitute teachers holding a Professional Educator License. (c) (Blank). (Source: P.A. 103-111, eff. 6-29-23; 103-605, eff. 7-1-24.) |
105 ILCS 5/10-20.68 (105 ILCS 5/10-20.68) Sec. 10-20.68. School resource officer. (a) In this Section, "school resource officer" means a law enforcement officer who has been primarily assigned to a school or school district under an agreement with a local law enforcement agency. (b) Beginning January 1, 2021, any law enforcement agency that provides a school resource officer under this Section shall provide to the school district a certificate of completion, or approved waiver, issued by the Illinois Law Enforcement Training Standards Board under Section 10.22 of the Illinois Police Training Act indicating that the subject officer has completed the requisite course of instruction in the applicable subject areas within one year of assignment, or has prior experience and training which satisfies this requirement. (c) In an effort to defray the related costs, any law enforcement agency that provides a school resource officer should apply for grant funding through the federal Community Oriented Policing Services grant program.
(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.) |
105 ILCS 5/10-20.69 (105 ILCS 5/10-20.69) Sec. 10-20.69. Policy on sexual harassment. Each school district must create, maintain, and implement an age-appropriate policy on sexual harassment that must be posted on the school district's website and, if applicable, any other area where policies, rules, and standards of conduct are currently posted in each school and must also be included in the school district's student code of conduct handbook.
(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.) |
105 ILCS 5/10-20.70
(105 ILCS 5/10-20.70)
Sec. 10-20.70. Class size reporting. No later than November 16, 2020, and annually thereafter, each school district must report to the State Board of Education information on the school district described under subsection (b) of Section 2-3.136a and must make that information available on its website.
(Source: P.A. 101-451, eff. 1-1-20; 102-558, eff. 8-20-21.)
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105 ILCS 5/10-20.71
(105 ILCS 5/10-20.71)
Sec. 10-20.71. Sexual abuse investigations at schools. Every 2 years, each school district must review all existing policies and procedures concerning sexual abuse investigations at schools to ensure consistency with Section 22-85.
(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.)
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105 ILCS 5/10-20.72
(105 ILCS 5/10-20.72)
Sec. 10-20.72. Door security locking means. (a) In this Section, "door security locking means" means a door locking means intended for use by a trained school district employee in a school building for the purpose of preventing ingress through a door of the building. (b) A school district may install a door security locking means on a door of a school building to prevent unwanted entry through the door if all of the following requirements are met: (1) The door security locking means can be engaged | | without opening the door.
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| (2) The unlocking and unlatching of the door security
| | locking means from the occupied side of the door can be accomplished without the use of a key or tool.
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| (3) The door security locking means complies with all
| | applicable State and federal accessibility requirements.
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| (4) Locks, if remotely engaged, can be unlocked from
| | (5) The door security locking means is capable of
| | being disengaged from the outside by school district employees, and school district employees may use a key or other credentials to unlock the door from the outside.
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| (6) The door security locking means does not modify
| | the door-closing hardware, panic hardware, or fire exit hardware.
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| (7) Any bolts, stops, brackets, or pins employed by
| | the door security locking means do not affect the fire rating of a fire door assembly.
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| (8) School district employees are trained in the
| | engagement and release of the door security locking means, from within and outside the room, as part of the emergency response plan.
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| (9) For doors installed before July 1, 2019 only, the
| | unlocking and unlatching of a door security locking means requires no more than 2 releasing operations. For doors installed on or after July 1, 2019, the unlocking and unlatching of a door security locking means requires no more than one releasing operation. If doors installed before July 1, 2019 are replaced on or after July 1, 2019, the unlocking and unlatching of a door security locking means on the replacement door requires no more than one releasing operation.
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| (10) The door security locking means is no more than
| | 48 inches above the finished floor.
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| (11) The door security locking means otherwise
| | complies with the school building code prepared by the State Board of Education under Section 2-3.12.
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| A school district may install a door security locking means that does not comply with paragraph (3) or (10) of this subsection if (i) the school district meets all other requirements under this subsection and (ii) prior to its installation, local law enforcement officials, the local fire department, and the school board agree, in writing, to the installation and use of the door security locking means. The school district must keep the agreement on file and must, upon request, provide the agreement to its regional office of education. The agreement must be included in the school district's filed school safety plan under the School Safety Drill Act.
(c) A school district must include the location of any door security locking means and must address the use of the locking and unlocking means from within and outside the room in its filed school safety plan under the School Safety Drill Act. Local law enforcement officials and the local fire department must be notified of the location of any door security locking means and how to disengage it. Any specific tool needed to disengage the door security locking means from the outside of the room must, upon request, be made available to local law enforcement officials and the local fire department.
(d) A door security locking means may be used only (i) by a school district employee trained under subsection (e), (ii) during an emergency that threatens the health and safety of students and employees or during an active shooter drill, and (iii) when local law enforcement officials and the local fire department have been notified of its installation prior to its use. The door security locking means must be engaged for a finite period of time in accordance with the school district's school safety plan adopted under the School Safety Drill Act.
(e) A school district that has installed a door security locking means shall conduct an in-service training program for school district employees on the proper use of the door security locking means. The school district shall keep a file verifying the employees who have completed the program and must, upon request, provide the file to its regional office of education and the local fire department and local law enforcement agency.
(f) A door security locking means that requires 2 releasing operations must be discontinued from use when the door is replaced or is a part of new construction. Replacement and new construction door hardware must include mortise locks, compliant with the applicable building code, and must be lockable from the occupied side without opening the door. However, mortise locks are not required if panic hardware or fire exit hardware is required.
(Source: P.A. 101-548, eff. 8-23-19; 102-558, eff. 8-20-21.)
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105 ILCS 5/10-20.73 (105 ILCS 5/10-20.73) Sec. 10-20.73. Modification of athletic or team uniform permitted. (a) A school board 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 board for such modification. However, nothing in this Section prohibits a school from providing the modification to the student. (b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear: (1) is black, white, the predominant color of the | | uniform, or the same color for all players on the team;
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| (2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
| | (4) has no opening or closing elements around the
| | (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 5/10-20.74 (105 ILCS 5/10-20.74) Sec. 10-20.74. Educational technology capacity and policies; report. School districts shall submit to the State Board of Education, or its designee, an annual report that shall include, at a minimum, information regarding educational technology capacity and policies, including device availability for students, school-based access and infrastructure, professional learning and training opportunities, and documentation of developmentally appropriate computer literacy instruction embedded in the district's curriculum at each grade level.
(Source: P.A. 101-654, eff. 3-8-21.) |
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