Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts
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SCHOOLS105 ILCS 5/22-40
(105 ILCS 5/) School Code.
(105 ILCS 5/22-40)
Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
105 ILCS 5/22-45
(105 ILCS 5/22-45)
Illinois P-20 Council.
(a) The General Assembly finds that preparing Illinoisans for success in school and the workplace requires a continuum of quality education from preschool through graduate school. This State needs a framework to guide education policy and integrate education at every level. A statewide coordinating council to study and make recommendations concerning education at all levels can avoid fragmentation of policies, promote improved teaching and learning, and continue to cultivate and demonstrate strong accountability and efficiency. Establishing an Illinois P-20 Council will develop a statewide agenda that will move the State towards the common goals of improving academic achievement, increasing college access and success, improving use of existing data and measurements, developing improved accountability, fostering innovative approaches to education, promoting lifelong learning, easing the transition to college, and reducing remediation. A pre-kindergarten through grade 20 agenda will strengthen this State's economic competitiveness by producing a highly-skilled workforce. In addition, lifelong learning plans will enhance this State's ability to leverage funding.
(b) There is created the Illinois P-20 Council. The Illinois P-20 Council shall include all of the following members:
(1) The Governor or his or her designee, to serve as
(2) Four members of the General Assembly, one
appointed by the Speaker of the House of Representatives, one appointed by the Minority Leader of the House of Representatives, one appointed by the President of the Senate, and one appointed by the Minority Leader of the Senate.
(3) Six at-large members appointed by the Governor as
follows, with 2 members being from the City of Chicago, 2 members being from Lake County, McHenry County, Kane County, DuPage County, Will County, or that part of Cook County outside of the City of Chicago, and 2 members being from the remainder of the State:
(A) one representative of civic leaders;
(B) one representative of local government;
(C) one representative of trade unions;
(D) one representative of nonprofit organizations
(E) one representative of parents' organizations;
(F) one education research expert.
(4) Five members appointed by statewide business
organizations and business trade associations.
(5) Six members appointed by statewide professional
organizations and associations representing pre-kindergarten through grade 20 teachers, community college faculty, and public university faculty.
(6) Two members appointed by associations
representing local school administrators and school board members. One of these members must be a special education administrator.
(7) One member representing community colleges,
appointed by the Illinois Council of Community College Presidents.
(8) One member representing 4-year independent
colleges and universities, appointed by a statewide organization representing private institutions of higher learning.
(9) One member representing public 4-year
universities, appointed jointly by the university presidents and chancellors.
(10) Ex-officio members as follows:
(A) The State Superintendent of Education or his
(B) The Executive Director of the Board of Higher
Education or his or her designee.
(C) The Executive Director of the Illinois
Community College Board or his or her designee.
(D) The Executive Director of the Illinois
Student Assistance Commission or his or her designee.
(E) The Co-chairpersons of the Illinois
Workforce Investment Board or their designee.
(F) The Director of Commerce and Economic
Opportunity or his or her designee.
(G) The Chairperson of the Illinois Early
Learning Council or his or her designee.
(H) The President of the Illinois Mathematics and
Science Academy or his or her designee.
(I) The president of an association representing
educators of adult learners or his or her designee.
Ex-officio members shall have no vote on the Illinois P-20 Council.
Appointed members shall serve for staggered terms expiring on July 1 of the first, second, or third calendar year following their appointments or until their successors are appointed and have qualified. Staggered terms shall be determined by lot at the organizing meeting of the Illinois P-20 Council.
Vacancies shall be filled in the same manner as original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred.
(c) The Illinois P-20 Council shall be funded through State appropriations to support staff activities, research, data-collection, and dissemination. The Illinois P-20 Council shall be staffed by the Office of the Governor, in coordination with relevant State agencies, boards, and commissions. The Illinois Education Research Council shall provide research and coordinate research collection activities for the Illinois P-20 Council.
(d) The Illinois P-20 Council shall have all of the following duties:
(1) To make recommendations to do all of the
(A) Coordinate pre-kindergarten through grade 20
(graduate school) education in this State through working at the intersections of educational systems to promote collaborative infrastructure.
(B) Coordinate and leverage strategies, actions,
legislation, policies, and resources of all stakeholders to support fundamental and lasting improvement in this State's public schools, community colleges, and universities.
(C) Better align the high school curriculum with
(D) Better align assessments across all levels of
(E) Reduce the need for students entering
institutions of higher education to take remedial courses.
(F) Smooth the transition from high school to
(G) Improve high school and college graduation
(H) Improve the rigor and relevance of academic
standards for college and workforce readiness.
(I) Better align college and university teaching
programs with the needs of Illinois schools.
(2) To advise the Governor, the General Assembly,
the State's education and higher education agencies, and the State's workforce and economic development boards and agencies on policies related to lifelong learning for Illinois students and families.
(3) To articulate a framework for systemic
educational improvement and innovation that will enable every student to meet or exceed Illinois learning standards and be well-prepared to succeed in the workforce and community.
(4) To provide an estimated fiscal impact for
implementation of all Council recommendations.
(5) To make recommendations for short-term and
long-term learning recovery actions for public school students in this State in the wake of the COVID-19 pandemic. The Illinois P-20 Council shall submit a report with its recommendations for a multi-year recovery plan by December 31, 2021 to the Governor, the State Board of Education, the Board of Higher Education, the Illinois Community College Board, and the General Assembly that addresses all of the following:
(A) Closing the digital divide for all students,
including access to devices, Internet connectivity, and ensuring that educators have the necessary support and training to provide high quality remote and blended learning to students.
(B) Evaluating the academic growth and
proficiency of students in order to understand the impact of school closures and remote and blended remote learning conditions on student academic outcomes, including disaggregating data by race, income, diverse learners, and English learners, in ways that balance the need to understand that impact with the need to support student well-being and also take into consideration the logistical constraints facing schools and districts.
(C) Establishing a system for the collection and
review of student data at the State level, including data about prekindergarten through higher education student attendance, engagement and participation, discipline, and social-emotional and mental health inputs and outcomes, in order to better understand the full impact of disrupted learning.
(D) Providing students with resources and
programs for academic support, such as enrichment opportunities, tutoring corps, summer bridge programs, youth leadership and development programs, youth and community-led restorative and transformative justice programs, and youth internship and apprenticeship programs.
(E) Providing students with resources and support
to ensure access to social-emotional learning, mental health services, and trauma responsive, restorative justice and anti-racist practices in order to support the growth of the whole child, such as investing in community schools and providing comprehensive year-round services and support for both students and their families.
(F) Ensuring more time for students' academic,
social-emotional, and mental health needs by considering such strategies as: (i) extending planning time for teachers, (ii) extending the school day and school year, and (iii) transitioning to year-round schooling.
(G) Strengthening the transition from secondary
education to postsecondary education in the wake of threats to alignment and affordability created by the pandemic and related conditions.
(e) The chairperson of the Illinois P-20 Council may authorize the creation of working groups focusing on areas of interest to Illinois educational and workforce development, including without limitation the following areas:
(1) Preparation, recruitment, and certification of
highly qualified teachers.
(2) Mentoring and induction of highly qualified
(3) The diversity of highly qualified teachers.
(4) Funding for highly qualified teachers, including
developing a strategic and collaborative plan to seek federal and private grants to support initiatives targeting teacher preparation and its impact on student achievement.
(5) Highly effective administrators.
(6) Illinois birth through age 3 education,
pre-kindergarten, and early childhood education.
(7) The assessment, alignment, outreach, and network
of college and workforce readiness efforts.
(8) Alternative routes to college access.
(9) Research data and accountability.
(10) Community schools, community participation, and
other innovative approaches to education that foster community partnerships.
(11) Tuition, financial aid, and other issues related
to keeping postsecondary education affordable for Illinois residents.
(12) Learning recovery in the wake of the COVID-19
The chairperson of the Illinois P-20 Council may designate Council members to serve as working group chairpersons. Working groups may invite organizations and individuals representing pre-kindergarten through grade 20 interests to participate in discussions, data collection, and dissemination.
(Source: P.A. 101-654, eff. 3-8-21.)
105 ILCS 5/22-50
(105 ILCS 5/22-50)
Twice-exceptional children; recommendations.
The State Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children shall research and discuss best practices for addressing the needs of "twice-exceptional" children, those who are gifted and talented and have a disability. The Councils shall then jointly make recommendations to the State Board of Education with respect to the State Board of Education providing guidance and technical assistance to school districts in furthering improved educational outcomes for gifted and twice-exceptional children. Recommendations shall include strategies to
(i) educate teachers and other providers about the unique needs of this population, (ii) train teachers in target, research-based, identification and pedagogical methods, and (iii) establish guidelines for unique programming for twice-exceptional students.
(Source: P.A. 96-382, eff. 8-13-09; 96-1000, eff. 7-2-10.)
105 ILCS 5/22-55
(105 ILCS 5/22-55)
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-355, eff. 1-1-12.)
105 ILCS 5/22-60
(105 ILCS 5/22-60)
Unfunded mandates prohibited.
(a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required:
(1) Any mandate in this Code enacted after the
effective date of this amendatory Act of the 96th General Assembly.
(2) Any regulatory mandate promulgated by the State
Board of Education and adopted by rule after the effective date of this amendatory Act of the 96th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 96th General Assembly.
(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.
Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive.
The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results.
If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.
If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request.
(c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education or (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application.
(d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 96-1441, eff. 8-20-10.)
105 ILCS 5/22-65
(105 ILCS 5/22-65)
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-30, eff. 7-10-15.)
105 ILCS 5/22-70
(105 ILCS 5/22-70)
Enrollment information; children of military personnel.
At the time of annual enrollment or at any time during the school year, a school district or a recognized non-public school, except for sectarian non-public schools, serving any of grades kindergarten through 12 shall provide, either on its standard enrollment form or on a separate form, the opportunity for the individual enrolling the student to voluntarily state whether the student has a parent or guardian who is a member of a branch of the armed forces of the United States and who is either deployed to active duty or expects to be deployed to active duty during the school year. Each school district and recognized non-public school shall report this enrollment information as aggregate data to the State Board of Education.
(Source: P.A. 97-505, eff. 8-23-11; 97-813, eff. 7-13-12.)
105 ILCS 5/22-75
(105 ILCS 5/22-75)
(Source: P.A. 98-463, eff. 8-16-13. Repealed by P.A. 99-30, eff. 7-10-15.)
105 ILCS 5/22-76
(105 ILCS 5/22-76)
(Source: P.A. 98-463, eff. 8-16-13. Repealed internally, eff. 9-1-2013.)
105 ILCS 5/22-77
(105 ILCS 5/22-77)
(Source: P.A. 98-861, eff. 8-5-14. Repealed internally, eff. 7-1-14.)
105 ILCS 5/22-80
(105 ILCS 5/22-80)
Student athletes; concussions and head injuries.
(a) The General Assembly recognizes all of the following:
(1) Concussions are one of the most commonly reported
injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3,900,000 sports-related and recreation-related concussions occur in the United States each year. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed.
(2) Concussions are a type of brain injury that can
range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority of concussions occur without loss of consciousness.
(3) Continuing to play with a concussion or symptoms
of a head injury leaves a young athlete especially vulnerable to greater injury and even death. The General Assembly recognizes that, despite having generally recognized return-to-play standards for concussions and head injuries, some affected youth athletes are prematurely returned to play, resulting in actual or potential physical injury or death to youth athletes in this State.
(4) Student athletes who have sustained a concussion
may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff until the student is fully recovered. To that end, all schools are encouraged to establish a return-to-learn protocol that is based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines and conduct baseline testing for student athletes.
(b) In this Section:
"Athletic trainer" means an athletic trainer licensed under the Illinois Athletic Trainers Practice Act who is working under the supervision of a physician.
"Coach" means any volunteer or employee of a school who is responsible for organizing and supervising students to teach them or train them in the fundamental skills of an interscholastic athletic activity. "Coach" refers to both head coaches and assistant coaches.
"Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns and which may or may not involve a loss of consciousness.
"Department" means the Department of Financial and Professional Regulation.
"Game official" means a person who officiates at an interscholastic athletic activity, such as a referee or umpire, including, but not limited to, persons enrolled as game officials by the Illinois High School Association or Illinois Elementary School Association.
"Interscholastic athletic activity" means any organized school-sponsored or school-sanctioned activity for students, generally outside of school instructional hours, under the direction of a coach, athletic director, or band leader, including, but not limited to, baseball, basketball, cheerleading, cross country track, fencing, field hockey, football, golf, gymnastics, ice hockey, lacrosse, marching band, rugby, soccer, skating, softball, swimming and diving, tennis, track (indoor and outdoor), ultimate Frisbee, volleyball, water polo, and wrestling. All interscholastic athletics are deemed to be interscholastic activities.
"Licensed healthcare professional" means a person who has experience with concussion management and who is a nurse, a psychologist who holds a license under the Clinical Psychologist Licensing Act and specializes in the practice of neuropsychology, a physical therapist licensed under the Illinois Physical Therapy Act, an occupational therapist licensed under the Illinois Occupational Therapy Practice Act, a physician assistant, or an athletic trainer.
"Nurse" means a person who is employed by or volunteers at a school and is licensed under the Nurse Practice Act as a registered nurse, practical nurse, or advanced practice registered nurse.
"Physician" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.
"Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987.
"School" means any public or private elementary or secondary school, including a charter school.
"Student" means an adolescent or child enrolled in a school.
(c) This Section applies to any interscholastic athletic activity, including practice and competition, sponsored or sanctioned by a school, the Illinois Elementary School Association, or the Illinois High School Association. This Section applies beginning with the 2016-2017 school year.
(d) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall appoint or approve a concussion oversight team. Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to interscholastic athletics practice or competition following a force or impact believed to have caused a concussion. Each concussion oversight team shall also establish a return-to-learn protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to the classroom after that student is believed to have experienced a concussion, whether or not the concussion took place while the student was participating in an interscholastic athletic activity.
Each concussion oversight team must include to the extent practicable at least one physician. If a school employs an athletic trainer, the athletic trainer must be a member of the school concussion oversight team to the extent practicable. If a school employs a nurse, the nurse must be a member of the school concussion oversight team to the extent practicable. At a minimum, a school shall appoint a person who is responsible for implementing and complying with the return-to-play and return-to-learn protocols adopted by the concussion oversight team. At a minimum, a concussion oversight team may be composed of only one person and this person need not be a licensed healthcare professional, but it may not be a coach. A school may appoint other licensed healthcare professionals to serve on the concussion oversight team.
(e) A student may not participate in an interscholastic athletic activity for a school year until the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion. The form must be approved by the Illinois High School Association.
(f) A student must be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition:
(1) a coach;
(2) a physician;
(3) a game official;
(4) an athletic trainer;
(5) the student's parent or guardian or another
person with legal authority to make medical decisions for the student;
(6) the student; or
(7) any other person deemed appropriate under the
school's return-to-play protocol.
(g) A student removed from an interscholastic athletics practice or competition under this Section may not be permitted to practice or compete again following the force or impact believed to have caused the concussion until:
(1) the student has been evaluated, using established
medical protocols based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, by a treating physician (chosen by the student or the student's parent or guardian or another person with legal authority to make medical decisions for the student), an athletic trainer, an advanced practice registered nurse, or a physician assistant;
(2) the student has successfully completed each
requirement of the return-to-play protocol established under this Section necessary for the student to return to play;
(3) the student has successfully completed each
requirement of the return-to-learn protocol established under this Section necessary for the student to return to learn;
(4) the treating physician, the athletic trainer, or
the physician assistant has provided a written statement indicating that, in the physician's professional judgment, it is safe for the student to return to play and return to learn or the treating advanced practice registered nurse has provided a written statement indicating that it is safe for the student to return to play and return to learn; and
(5) the student and the student's parent or guardian
or another person with legal authority to make medical decisions for the student:
(A) have acknowledged that the student has
completed the requirements of the return-to-play and return-to-learn protocols necessary for the student to return to play;
(B) have provided the treating physician's,
athletic trainer's, advanced practice registered nurse's, or physician assistant's written statement under subdivision (4) of this subsection (g) to the person responsible for compliance with the return-to-play and return-to-learn protocols under this subsection (g) and the person who has supervisory responsibilities under this subsection (g); and
(C) have signed a consent form indicating that
(i) has been informed concerning and consents
to the student participating in returning to play in accordance with the return-to-play and return-to-learn protocols;
(ii) understands the risks associated with
the student returning to play and returning to learn and will comply with any ongoing requirements in the return-to-play and return-to-learn protocols; and
(iii) consents to the disclosure to
appropriate persons, consistent with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), of the treating physician's, athletic trainer's, physician assistant's, or advanced practice registered nurse's written statement under subdivision (4) of this subsection (g) and, if any, the return-to-play and return-to-learn recommendations of the treating physician, the athletic trainer, the physician assistant, or the advanced practice registered nurse, as the case may be.
A coach of an interscholastic athletics team may not authorize a student's return to play or return to learn.
The district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol and shall supervise the person responsible for compliance with the return-to-learn protocol. The person who has supervisory responsibilities under this paragraph may not be a coach of an interscholastic athletics team.
(h)(1) The Illinois High School Association shall approve, for coaches, game officials, and non-licensed healthcare professionals, training courses that provide for not less than 2 hours of training in the subject matter of concussions, including evaluation, prevention, symptoms, risks, and long-term effects. The Association shall maintain an updated list of individuals and organizations authorized by the Association to provide the training.
(2) The following persons must take a training course in accordance with paragraph (4) of this subsection (h) from an authorized training provider at least once every 2 years:
(A) a coach of an interscholastic athletic activity;
(B) a nurse, licensed healthcare professional, or
non-licensed healthcare professional who serves as a member of a concussion oversight team either on a volunteer basis or in his or her capacity as an employee, representative, or agent of a school; and
(C) a game official of an interscholastic athletic
(3) A physician who serves as a member of a concussion oversight team shall, to the greatest extent practicable, periodically take an appropriate continuing medical education course in the subject matter of concussions.
(4) For purposes of paragraph (2) of this subsection (h):
(A) a coach, game official, or non-licensed
healthcare professional, as the case may be, must take a course described in paragraph (1) of this subsection (h);
(B) an athletic trainer must take a
concussion-related continuing education course from an athletic trainer continuing education sponsor approved by the Department;
(C) a nurse must take a concussion-related continuing
education course from a nurse continuing education sponsor approved by the Department;
(D) a physical therapist must take a
concussion-related continuing education course from a physical therapist continuing education sponsor approved by the Department;
(E) a psychologist must take a concussion-related
continuing education course from a psychologist continuing education sponsor approved by the Department;
(F) an occupational therapist must take a
concussion-related continuing education course from an occupational therapist continuing education sponsor approved by the Department; and
(G) a physician assistant must take a
concussion-related continuing education course from a physician assistant continuing education sponsor approved by the Department.
(5) Each person described in paragraph (2) of this subsection (h) must submit proof of timely completion of an approved course in compliance with paragraph (4) of this subsection (h) to the district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school.
(6) A physician, licensed healthcare professional, or non-licensed healthcare professional who is not in compliance with the training requirements under this subsection (h) may not serve on a concussion oversight team in any capacity.
(7) A person required under this subsection (h) to take a training course in the subject of concussions must complete the training prior to serving on a concussion oversight team in any capacity.
(i) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall develop a school-specific emergency action plan for interscholastic athletic activities to address the serious injuries and acute medical conditions in which the condition of the student may deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and a plan for emergency transport. This emergency action plan must be:
(1) in writing;
(2) reviewed by the concussion oversight team;
(3) approved by the district superintendent or the
superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school;
(4) distributed to all appropriate personnel;
(5) posted conspicuously at all venues utilized by
(6) reviewed annually by all athletic trainers, first
responders, coaches, school nurses, athletic directors, and volunteers for interscholastic athletic activities.
(j) The State Board of Education shall adopt rules as necessary to administer this Section, including, but not limited to, rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.
(Source: P.A. 100-309, eff. 9-1-17; 100-513, eff. 1-1-18; 100-747, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, eff. 7-12-19.)
105 ILCS 5/22-81
(105 ILCS 5/22-81)
Heroin and opioid prevention pilot program.
By January 1, 2017, the State Board of Education and the Department of Human Services shall develop and establish a 3-year heroin and opioid drug prevention pilot program that offers educational materials and instruction on heroin and opioid abuse to all school districts in the State for use at their respective public elementary and secondary schools. A school district's participation in the pilot program shall be voluntary. Subject to appropriation, the Department of Human Services shall reimburse a school district that decides to participate in the pilot program for any costs it incurs in connection with its participation in the pilot program. Each school district that participates in the pilot program shall have the discretion to determine which grade levels the school district will instruct under the program.
The pilot program must use effective, research-proven, interactive teaching methods and technologies, and must provide students, parents, and school staff with scientific, social, and emotional learning content to help them understand the risk of drug use. Such learning content must specifically target the dangers of prescription pain medication and heroin abuse. The Department may contract with a health education organization to fulfill the requirements of the pilot program.
The State Board of Education, the Department of Human Services, and any contracted organization shall submit an annual report to the General Assembly that includes: (i) a list of school districts participating in the pilot program; (ii) the grade levels each school district instructs under the pilot program; and (iii) any findings regarding the effectiveness of the pilot program.
(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16.)
105 ILCS 5/22-82
(105 ILCS 5/22-82)
(a) Before the 30th day of each school year, beginning with the 2016-2017 school year, every school district shall report, for each of its schools, all of the following to the State Board of Education, using a form developed by the State Board of Education:
(1) Every reliable assessment that measures a certain
group or subset of students in the same manner with the same potential assessment items; is scored by a non-district entity; is administered either statewide or beyond Illinois, such as assessments available from the Northwest Evaluation Association, Scantron Performance Series assessments, Renaissance Learning's STAR Reading Enterprise assessments, the College Board's SAT, Advanced Placement or International Baccalaureate examinations, or ACT's Educational Planning and Assessment System tests; and will be administered by each school that school year.
(2) The administration window for each of these
(3) Which entity is requiring the assessment (State,
school district, network, or principal).
(4) Which grade levels will be taking the assessment.
(5) Which subsets of students, such as English
Learners and special education students, will be taking the assessment.
(6) An estimate of the average time it will take a
student to complete the assessment.
(7) If the results of the assessment are to be used
for purposes other than for guiding instruction, what the results of the assessment will be used for, such as for promotion, course placement, graduation, teacher evaluation, or school performance ratings.
(b) The State Board of Education shall compile the information reported under subsection (a) of this Section for each school year and make that information available to the public. Each school shall also make that information publicly available to the parents and guardians of its students through the school district's Internet website or distribution in paper form.
(c) The State Board of Education may adopt any rules necessary to carry out its responsibilities under this Section.
(Source: P.A. 99-590, eff. 7-22-16.)
105 ILCS 5/22-83
(105 ILCS 5/22-83)
Police training academy job training program.
(a) In a county of 175,000 or more inhabitants, any school district with a high school may establish one or more partnerships with a local police department, county sheriff, or police training academy to establish a jobs training program for high school students. The school district shall establish its partnership or partnerships on behalf of all of the high schools in the district; no high school shall establish a partnership for this purpose separate from the school district's partnership under this Section. The jobs training program shall be open to all students, regardless of prior academic history. However, to encourage and maintain successful program participation and partnerships, the school districts and their partner agencies may impose specific program requirements.
(b) The State Board of Education shall track participation and the success of students participating in the jobs training program established under this Section and annually publish a report on its website examining the program and its success.
(Source: P.A. 100-331, eff. 1-1-18
105 ILCS 5/22-85
(105 ILCS 5/22-85)
(Text of Section from P.A. 101-180)
Graduation requirements; Free Application for Federal Student Aid.
(a) Beginning with the 2020-2021 school year, in addition to any other requirements under this Code, as a prerequisite to receiving a high school diploma from a public high school, the parent or guardian of each student or, if a student is at least 18 years of age or legally emancipated, the student must comply with either of the following:
(1) File a Free Application for Federal Student Aid
with the United States Department of Education or, if applicable, an application for State financial aid.
(2) On a form created by the State Board of
Education, file a waiver with the student's school district indicating that the parent or guardian or, if applicable, the student understands what the Free Application for Federal Student Aid and application for State financial aid are and has chosen not to file an application under paragraph (1).
(b) Each school district with a high school must require each high school student to comply with this Section and must provide to each high school student and, if applicable, his or her parent or guardian any support or assistance necessary to comply with this Section. A school district must award a high school diploma to a student who is unable to meet the requirements of subsection (a) due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under this Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver under subsection (a).
(c) The State Board of Education may adopt rules to implement this Section.
(Source: P.A. 101-180, eff. 6-1-20.)
(Text of Section from P.A. 101-478)
Parental notification of law enforcement detainment and questioning on school grounds.
(a) In this Section, "school grounds" means the real property comprising an active and operational elementary or secondary school during the regular hours in which school is in session and when students are present.
(b) Before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must do all of the following:
(1) Ensure that notification or attempted
notification of the student's parent or guardian is made.
(2) Document the time and manner in which the
notification or attempted notification under paragraph (1) occurred.
(3) Make reasonable efforts to ensure that the
student's parent or guardian is present during the questioning or, if the parent or guardian is not present, ensure that school personnel, including, but not limited to, a school social worker, a school psychologist, a school nurse, a school guidance counselor, or any other mental health professional, are present during the questioning.
(4) If practicable, make reasonable efforts to ensure
that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning. An officer who received training in youth investigations approved or certified by his or her law enforcement agency or under Section 10.22 of the Police Training Act or a juvenile police officer, as defined under Section 1-3 of the Juvenile Court Act of 1987, satisfies the requirement under this paragraph.
(c) This Section does not limit the authority of a law enforcement officer to make an arrest on school grounds. This Section does not apply to circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary to do any of the following:
(1) Prevent bodily harm or injury to the student or
(2) Apprehend an armed or fleeing suspect.
(3) Prevent the destruction of evidence.
(4) Address an emergency or other dangerous
(Source: P.A. 101-478, eff. 8-23-19.)
(Text of Section from P.A. 101-531)
Sexual abuse at schools.
(a) The General Assembly finds that:
(1) investigation of a child regarding an incident of
sexual abuse can induce significant trauma for the child;
(2) it is desirable to prevent multiple interviews of
(3) it is important to recognize the role of
Children's Advocacy Centers in conducting developmentally appropriate investigations.
(b) In this Section:
"Alleged incident of sexual abuse" is limited to an incident of sexual abuse of a child that is alleged to have been perpetrated by school personnel, including a school vendor or volunteer, that occurred (i) on school grounds or during a school activity or (ii) outside of school grounds or not during a school activity.
"Appropriate law enforcement agency" means a law enforcement agency whose employees have been involved, in some capacity, with an investigation of a particular alleged incident of sexual abuse.
(c) If a mandated reporter within a school has knowledge of an alleged incident of sexual abuse, the reporter must call the Department of Children and Family Services' hotline established under Section 7.6 of the Abused and Neglected Child Reporting Act immediately after obtaining the minimal information necessary to make a report, including the names of the affected parties and the allegations. The State Board of Education must make available materials detailing the information that is necessary to enable notification to the Department of Children and Family Services of an alleged incident of sexual abuse. Each school must ensure that mandated reporters review the State Board of Education's materials and materials developed by the Department of Children and Family Services and distributed in the school building under Section 7 of the Abused and Neglected Child Reporting Act at least once annually.
(d) For schools in a county with an accredited Children's Advocacy Center, every alleged incident of sexual abuse that is reported to the Department of Children and Family Services' hotline or a law enforcement agency and is subsequently accepted for investigation must be referred by the entity that received the report to the local Children's Advocacy Center pursuant to that county's multidisciplinary team's protocol under the Children's Advocacy Center Act for investigating child sexual abuse allegations.
(e) A county's local Children's Advocacy Center must, at a minimum, do both of the following regarding a referred case of an alleged incident of sexual abuse:
(1) Coordinate the investigation of the alleged
incident, as governed by the local Children's Advocacy Center's existing multidisciplinary team protocol and according to National Children's Alliance accreditation standards.
(2) Facilitate communication between the
multidisciplinary team investigating the alleged incident of sexual abuse and, if applicable, the referring school's (i) Title IX officer, or his or her designee, (ii) school resource officer, or (iii) personnel leading the school's investigation into the alleged incident of sexual abuse. If a school uses a designated entity to investigate a sexual abuse allegation, the multidisciplinary team may correspond only with that entity and any reference in this Section to "school" refers to that designated entity. This facilitation of communication must, at a minimum, ensure that all applicable parties have each other's contact information and must share the county's local Children's Advocacy Center's protocol regarding the process of approving the viewing of a forensic interview, as defined under Section 2.5 of the Children's Advocacy Center Act, by school personnel and a contact person for questions relating to the protocol.
(f) After an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the criminal and child abuse investigations related to that alleged incident are being conducted by the local multidisciplinary team, the school relevant to the alleged incident of sexual abuse must comply with both of the following:
(1) It may not interview the alleged victim regarding
details of the alleged incident of sexual abuse until after the completion of the forensic interview of that victim is conducted at a Children's Advocacy Center. This paragraph does not prohibit a school from requesting information from the alleged victim or his or her parent or guardian to ensure the safety and well-being of the alleged victim at school during an investigation.
(2) If asked by a law enforcement agency or an
investigator of the Department of Children and Family Services who is conducting the investigation, it must inform those individuals of any evidence the school has gathered pertaining to an alleged incident of sexual abuse, as permissible by federal or State law.
(g) After completion of a forensic interview, the multidisciplinary team must notify the school relevant to the alleged incident of sexual abuse of its completion. If, for any reason, a multidisciplinary team determines it will not conduct a forensic interview in a specific investigation, the multidisciplinary team must notify the school as soon as the determination is made. If a forensic interview has not been conducted within 15 calendar days after opening an investigation, the school may notify the multidisciplinary team that it intends to interview the alleged victim. No later than 10 calendar days after this notification, the multidisciplinary team may conduct the forensic interview and, if the multidisciplinary team does not conduct the interview, the school may proceed with its interview.
(h) To the greatest extent possible considering student safety and Title IX compliance, school personnel may view the electronic recordings of a forensic interview of an alleged victim of an incident of sexual abuse. As a means to avoid additional interviews of an alleged victim, school personnel must be granted viewing access to the electronic recording of a forensic interview conducted at an accredited Children's Advocacy Center for an alleged incident of sexual abuse only if the school receives (i) approval from the multidisciplinary team investigating the case and (ii) informed consent by a child over the age of 13 or the child's parent or guardian. Each county's local Children's Advocacy Center and multidisciplinary team must establish an internal protocol regarding the process of approving the viewing of the forensic interview, and this process and the contact person must be shared with the school contact at the time of the initial facilitation. Whenever possible, the school's viewing of the electronic recording of a forensic interview should be conducted in lieu of the need for additional interviews.
(i) For an alleged incident of sexual abuse that has been accepted for investigation by a multidisciplinary team, if, during the course of its internal investigation and at any point during or after the multidisciplinary team's investigation, the school determines that it needs to interview the alleged victim to successfully complete its investigation and the victim is under 18 years of age, a child advocate must be made available to the student and may be present during the school's interview. A child advocate may be a school social worker, a school or equally qualified psychologist, or a person in a position the State Board of Education has identified as an appropriate advocate for the student during a school's investigation into an alleged incident of sexual abuse.
(j) The Department of Children and Family Services must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete. The notification must include information on the outcome of that investigation.
(k) The appropriate law enforcement agency must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete or has been suspended. The notification must include information on the outcome of that investigation.
(l) This Section applies to all schools operating under this Code, including, but not limited to, public schools located in cities having a population of more than 500,000, a school operated pursuant to an agreement with a public school district, alternative schools operated by third parties, an alternative learning opportunities program, a public school administered by a local public agency or the Department of Human Services, charter schools operating under the authority of Article 27A, and non-public schools recognized by the State Board of Education.
(Source: P.A. 101-531, eff. 8-23-19
105 ILCS 5/22-86
(105 ILCS 5/22-86)
(Section scheduled to be repealed on March 15, 2021)
Make Sexual and Severe Physical Abuse Fully Extinct (Make S.A.F.E.) Task Force.
(a) The General Assembly finds that the most precious resource in this State is our children. The General Assembly also finds that the protection of children from sexual abuse and exploitation is at the core of the duties and fundamental responsibilities of the General Assembly and is of the utmost importance.
(b) The Make Sexual and Severe Physical Abuse Fully Extinct (Make S.A.F.E.) Task Force is created to address issues concerning the sexual abuse of students in school-related settings. The Task Force shall consist of all of the following members, who must be appointed no later than 60 days after the effective date of this amendatory Act of the 101st General Assembly:
(1) One representative appointed by the Speaker of
the House of Representatives.
(2) One representative appointed by the Minority
Leader of the House of Representatives.
(3) One senator appointed by the President of the
(4) One senator appointed by the Minority Leader of
(5) One member who represents the Children's
Advocacy Centers of Illinois appointed by the State Superintendent of Education.
(6) The Executive Director of an urban, accredited
Children's Advocacy Center appointed by the State Superintendent of Education.
(7) The Executive Director of a suburban,
accredited Children's Advocacy Center appointed by the State Superintendent of Education.
(8) The Executive Director of a rural, accredited
Children's Advocacy Center appointed by the State Superintendent of Education.
(9) One representative of the State Board of
Education appointed by the State Superintendent of Education.
(10) One member representing a State's Attorney's
office appointed by the State Superintendent of Education.
(11) One member representing a statewide
organization that unites the services and resources of rape crisis centers, alleviates the suffering of sexual assault survivors, and helps build communities appointed by the State Superintendent of Education.
(12) One member representing the Department of
State Police appointed by the State Superintendent of Education.
(13) One member representing the Department of
Children and Family Services appointed by the State Superintendent of Education.
(14) One member representing the Office of the
Attorney General appointed by the State Superintendent of Education.
(15) One member representing a statewide
organization representing suburban school districts appointed by the State Superintendent of Education.
(16) One member representing a statewide
professional teachers' organization appointed by the State Superintendent of Education.
(17) One member representing a different statewide
professional teachers' organization appointed by the State Superintendent of Education.
(18) One member representing a professional
teachers' organization in a city having a population of over 500,000 appointed by the State Superintendent of Education.
(19) One member representing a school district
organized under Article 34 appointed by the State Superintendent of Education.
(20) One member representing the investigating body
of a school district organized under Article 34 appointed by the State Superintendent of Education.
(21) One member representing a statewide organization
that represents social workers appointed by the State Superintendent of Education.
(22) One member representing a charter schools'
organization in this State appointed by the State Superintendent of Education.
(23) One member representing a statewide organization
that represents principals appointed by the State Superintendent of Education.
(24) One member representing a statewide organization
that represents superintendents appointed by the State Superintendent of Education.
(25) One member representing a statewide organization
that represents school boards appointed by the State Superintendent of Education.
(c) The Task Force shall first meet at the call of the State Superintendent of Education, and each subsequent meeting shall be at the call of the Chairperson, who shall be designated by the State Superintendent of Education. The State Board of Education shall provide administrative and other support to the Task Force. Members of the Task Force shall serve without compensation.
(d) The Task Force shall review the best practices for preventing the sexual abuse of students in a school-related setting or by school-related perpetrators, including school district employees or other students, how to best address that abuse, and the proper support for students who have suffered from that abuse. The review shall examine the best practices at all schools maintaining prekindergarten through grade 12, regardless of whether the school is a public school, nonpublic school, or charter school. On or before September 15, 2020, the Task Force must report the findings of its review to the Governor and the General Assembly, which must, at a minimum, include all of the following topics:
(1) The best practices for preventing sexual and
severe physical abuse in school-related settings or by school-related perpetrators, including, but not limited to, criminal history records checks for school district employees, the employment status of a school employee accused of sexual abuse of a student, and procedural safeguards for personnel who regularly interact with children as part of school or school activities, even if the personnel are not officially employed by a school district.
(2) The best practices for addressing sexual and
severe physical abuse in a school-related setting or by school-related perpetrators, including, but not limited to, the nature and amount of forensic interviews and forensic interview information sharing, school cooperation with multidisciplinary teams under the Children's Advocacy Center Act, and model school policies.
(3) The best practices for support for students who
have suffered sexual or severe physical abuse in a school-related setting or by a school-related perpetrator, including, but not limited to, emotional, psychological, and academic support.
(4) Any other topic the Task Force deems necessary
to advance the safety or well-being of students in relation to sexual and severe physical abuse stemming from a school-related setting or school-related perpetrator.
The Task Force is dissolved upon submission of the report under this subsection.
(e) This Section is repealed on March 15, 2021.
(Source: P.A. 101-531, eff. 8-23-19.)
105 ILCS 5/22-89
(105 ILCS 5/22-89)
Graduates during the 2019-2020 school year.
Notwithstanding any other provision of this Code, any diploma conferred during the 2019-2020 school year, including during the summer of 2020, under graduation requirements that were modified by an executive order, emergency rulemaking, or school board policy prompted by a gubernatorial disaster proclamation as a result of COVID-19 is deemed valid and is not subject to challenge or review due to a failure to meet minimum requirements otherwise required by this Code, administrative rule, or school board policy.
(Source: P.A. 101-643, eff. 6-18-20.)
105 ILCS 5/22-90
(105 ILCS 5/22-90)
(Section scheduled to be repealed on February 1, 2023)
Whole Child Task Force.
(a) The General Assembly makes all of the following findings:
(1) The COVID-19 pandemic has exposed systemic
inequities in American society. Students, educators, and families throughout this State have been deeply affected by the pandemic, and the impact of the pandemic will be felt for years to come. The negative consequences of the pandemic have impacted students and communities differently along the lines of race, income, language, and special needs. However, students in this State faced significant unmet physical health, mental health, and social and emotional needs even prior to the pandemic.
(2) The path to recovery requires a commitment from
adults in this State to address our students cultural, physical, emotional, and mental health needs and to provide them with stronger and increased systemic support and intervention.
(3) It is well documented that trauma and toxic
stress diminish a child's ability to thrive. Forms of childhood trauma and toxic stress include adverse childhood experiences, systemic racism, poverty, food and housing insecurity, and gender-based violence. The COVID-19 pandemic has exacerbated these issues and brought them into focus.
(4) It is estimated that, overall, approximately 40%
of children in this State have experienced at least one adverse childhood experience and approximately 10% have experienced 3 or more adverse childhood experiences. However, the number of adverse childhood experiences is higher for Black and Hispanic children who are growing up in poverty. The COVID-19 pandemic has amplified the number of students who have experienced childhood trauma. Also, the COVID-19 pandemic has highlighted preexisting inequities in school disciplinary practices that disproportionately impact Black and Brown students. Research shows, for example, that girls of color are disproportionately impacted by trauma, adversity, and abuse, and instead of receiving the care and trauma-informed support they may need, many Black girls in particular face disproportionately harsh disciplinary measures.
(5) The cumulative effects of trauma and toxic stress
adversely impact the physical health of students, as well as their ability to learn, form relationships, and self-regulate. If left unaddressed, these effects increase a student's risk for depression, alcoholism, anxiety, asthma, smoking, and suicide, all of which are risks that disproportionately affect Black youth and may lead to a host of medical diseases as an adult. Access to infant and early childhood mental health services is critical to ensure the social and emotional well-being of this State's youngest children, particularly those children who have experienced trauma.
(6) Although this State enacted measures through
Public Act 100-105 to address the high rate of early care and preschool expulsions of infants, toddlers, and preschoolers and the disproportionately higher rate of expulsion for Black and Hispanic children, a recent study found a wide variation in the awareness, understanding, and compliance with the law by providers of early childhood care. Further work is needed to implement the law, which includes providing training to early childhood care providers to increase their understanding of the law, increasing the availability and access to infant and early childhood mental health services, and building aligned data collection systems to better understand expulsion rates and to allow for accurate reporting as required by the law.
(7) Many educators and schools in this State have
embraced and implemented evidenced-based restorative justice and trauma-responsive and culturally relevant practices and interventions. However, the use of these interventions on students is often isolated or is implemented occasionally and only if the school has the appropriate leadership, resources, and partners available to engage seriously in this work. It would be malpractice to deny our students access to these practices and interventions, especially in the aftermath of a once-in-a-century pandemic.
(b) The Whole Child Task Force is created for the purpose of establishing an equitable, inclusive, safe, and supportive environment in all schools for every student in this State. The task force shall have all of the following goals, which means key steps have to be taken to ensure that every child in every school in this State has access to teachers, social workers, school leaders, support personnel, and others who have been trained in evidenced-based interventions and restorative practices:
(1) To create a common definition of a
trauma-responsive school, a trauma-responsive district, and a trauma-responsive community.
(2) To outline the training and resources required to
create and sustain a system of support for trauma-responsive schools, districts, and communities and to identify this State's role in that work, including recommendations concerning options for redirecting resources from school resource officers to classroom-based support.
(3) To identify or develop a process to conduct an
analysis of the organizations that provide training in restorative practices, implicit bias, anti-racism, and trauma-responsive systems, mental health services, and social and emotional services to schools.
(4) To provide recommendations concerning the key
data to be collected and reported to ensure that this State has a full and accurate understanding of the progress toward ensuring that all schools, including programs and providers of care to pre-kindergarten children, employ restorative, anti-racist, and trauma-responsive strategies and practices. The data collected must include information relating to the availability of trauma responsive support structures in schools as well as disciplinary practices employed on students in person or through other means, including during remote or blended learning. It should also include information on the use of, and funding for, school resource officers and other similar police personnel in school programs.
(5) To recommend an implementation timeline,
including the key roles, responsibilities, and resources to advance this State toward a system in which every school, district, and community is progressing toward becoming trauma-responsive.
(6) To seek input and feedback from stakeholders,
including parents, students, and educators, who reflect the diversity of this State.
(c) Members of the Whole Child Task Force shall be appointed by the State Superintendent of Education. Members of this task force must represent the diversity of this State and possess the expertise needed to perform the work required to meet the goals of the task force set forth under subsection (a). Members of the task force shall include all of the following:
(1) One member of a statewide professional teachers'
(2) One member of another statewide professional
(3) One member who represents a school district
serving a community with a population of 500,000 or more.
(4) One member of a statewide organization
representing social workers.
(5) One member of an organization that has specific
expertise in trauma-responsive school practices and experience in supporting schools in developing trauma-responsive and restorative practices.
(6) One member of another organization that has
specific expertise in trauma-responsive school practices and experience in supporting schools in developing trauma-responsive and restorative practices.
(7) One member of a statewide organization that
represents school administrators.
(8) One member of a statewide policy organization
that works to build a healthy public education system that prepares all students for a successful college, career, and civic life.
(9) One member of a statewide organization that
brings teachers together to identify and address issues critical to student success.
(10) One member of the General Assembly recommended
by the President of the Senate.
(11) One member of the General Assembly recommended
by the Speaker of the House of Representatives.
(12) One member of the General Assembly recommended
by the Minority Leader of the Senate.
(13) One member of the General Assembly recommended
by the Minority Leader of the House of Representatives.
(14) One member of a civil rights organization that
works actively on issues regarding student support.
(15) One administrator from a school district that
has actively worked to develop a system of student support that uses a trauma-informed lens.
(16) One educator from a school district that has
actively worked to develop a system of student support that uses a trauma-informed lens.
(17) One member of a youth-led organization.
(18) One member of an organization that has
demonstrated expertise in restorative practices.
(19) One member of a coalition of mental health and
school practitioners who assist schools in developing and implementing trauma-informed and restorative strategies and systems.
(20) One member of an organization whose mission is
to promote the safety, health, and economic success of children, youth, and families in this State.
(21) One member who works or has worked as a
restorative justice coach or disciplinarian.
(22) One member who works or has worked as a social
(23) One member of the State Board of Education.
(24) One member who represents a statewide
(25) One member who represents a statewide
organization of school boards.
(26) One member who has expertise in
(27) One member who represents a school social
(28) One member who represents an organization that
represents school districts in both the south suburbs and collar counties.
(29) One member who is a licensed clinical
psychologist who (A) has a doctor of philosophy in the field of clinical psychology and has an appointment at an independent free-standing children's hospital located in Chicago, (B) serves as associate professor at a medical school located in Chicago, and (C) serves as the clinical director of a coalition of voluntary collaboration of organizations that are committed to applying a trauma lens to their efforts on behalf of families and children in the State.
(30) One member who represents a west suburban school
(d) The Whole Child Task Force shall meet at the call of the State Superintendent of Education or his or her designee, who shall serve as as the chairperson. The State Board of Education shall provide administrative and other support to the task force. Members of the task force shall serve without compensation.
(e) The Whole Child Task Force shall submit a report of its findings and recommendations to the General Assembly, the Illinois Legislative Black Caucus, the State Board of Education, and the Governor on or before February 1, 2022. Upon submitting its report, the task force is dissolved.
(f) This Section is repealed on February 1, 2023.
(Source: P.A. 101-654, eff. 3-8-21.)
105 ILCS 5/Art. 23
(105 ILCS 5/Art. 23 heading)
SCHOOL BOARD ASSOCIATIONS
105 ILCS 5/23-1
(105 ILCS 5/23-1)
(from Ch. 122, par. 23-1)
Purpose of article.
This Article has for its purpose the education of school board members
as to their duties and responsibilities so as to improve the management of
the public schools, through associations of school boards. The activities
of any association which complies with this Article are hereby declared to
constitute a public purpose.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-2
(105 ILCS 5/23-2)
(from Ch. 122, par. 23-2)
may form or join associations.
School boards are authorized to form, join and provide for the expenses
of associations of Illinois school boards formed for the purpose of
conducting county or regional school board institutes and otherwise
disseminating and interchanging information regarding school board
problems, duties and responsibilities, provided such associations comply
with the requirements of this Article.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-3
(105 ILCS 5/23-3)
(from Ch. 122, par. 23-3)
copy of constitution, by-laws and amendments.
Within 30 days after the adoption by any such association of its
constitution or by-laws or any amendment thereto, it shall file a copy
thereof, certified by its president and executive director, with the
Governor, the Superintendent of Public Instruction and the county
superintendent of schools of each county in which it has any membership.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-4
(105 ILCS 5/23-4)
(from Ch. 122, par. 23-4)
Election of officers and governing body.
The constitution or by-laws of any such association shall provide for
the election of its officers and governing body at an annual meeting of the
association, or in some other manner which will insure that all member
boards have an equal opportunity to participate in the election.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-5
(105 ILCS 5/23-5)
(from Ch. 122, par. 23-5)
Any such association shall admit to its membership any school board
whose district lies wholly or in part within the area covered by the
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-6
(105 ILCS 5/23-6)
(from Ch. 122, par. 23-6)
Each association shall make an annual report within 60 days after the
close of its fiscal year to the Governor, the State Board of Education
and the regional
superintendent of schools of each region in
which it has members, setting forth the activities of the association
for the preceding fiscal year, the institutes held, the subjects
discussed, and the attendance, and shall furnish the Governor, the
State Board of Education and
such regional superintendents
with copies of all publications sent to its members.
(Source: P.A. 81-1508.)
105 ILCS 5/23-7
(105 ILCS 5/23-7)
(from Ch. 122, par. 23-7)
Compensation and expenses.
No school board member shall receive any compensation for service
rendered to any such association, whether as an officer or otherwise, but
shall be entitled to reimbursement for expenses actually incurred in the
work of such association.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-8
(105 ILCS 5/23-8)
(from Ch. 122, par. 23-8)
Each association shall perform such duties and exercise such powers as
if it were a state institution for the purposes of Article 16 of the
"Illinois Pension Code", approved March 18, 1963, as amended.
(Source: Laws 1965, p. 3746.)
105 ILCS 5/Art. 24
(105 ILCS 5/Art. 24 heading)
EMPLOYMENT OF TEACHERS--TENURE--DUTIES OF TEACHERS
105 ILCS 5/24-1
(105 ILCS 5/24-1)
(from Ch. 122, par. 24-1)
Appointment-Salaries-Payment-School month-School term.)
School boards shall appoint all teachers, determine qualifications of
and fix the amount of their
salaries subject to limitation set forth in this Act. They shall pay
the wages of teachers monthly, subject, however, to the provisions of
Section 24-21. The school month shall be the same as the calendar month
but by resolution the school board may adopt for its use a month of 20
days, including holidays. The school term shall consist of at least the
minimum number of pupil attendance days required by Section 10-19, any
additional legal school holidays, days of teachers' institutes, or
equivalent professional educational experiences, and one or two days at
the beginning of the school term when used as a teachers' workshop.
(Source: P.A. 80-249.)
105 ILCS 5/24-1.1
(105 ILCS 5/24-1.1)
(from Ch. 122, par. 24-1.1)
Employment of public school employees by nonpublic schools.
Employees of public schools may be employed on a part-time or temporary
basis by private or parochial schools, providing that such employment is
in no way connected with or subsidized by their public school employment,
and provided further that such private or parochial employment does not
conflict or interfere with an employee's public school duties.
(Source: P.A. 80-287.)
105 ILCS 5/24-1.5
(105 ILCS 5/24-1.5)
New or vacant teaching positions.
A school district's selection of a candidate for a new or vacant teaching position not otherwise required to be filled pursuant to Section 24-12 of this Code must be based upon the consideration of factors that include without limitation certifications, qualifications, merit and ability (including performance evaluations, if available), and relevant experience, provided that the length of continuing service with the school district must not be considered as a factor, unless all other factors are determined by the school district to be equal. A school district's decision to select a particular candidate to fill a new or vacant position is not subject to review under grievance resolution procedures adopted pursuant to subsection (c) of Section 10 of the Illinois Educational Labor Relations Act, provided that, in making such a decision, the district does not fail to adhere to procedural requirements in a collective bargaining agreement relating to the filling of new or vacant teaching positions. Provisions regarding the filling of new and vacant positions in a collective bargaining agreement between a school district and the exclusive bargaining representative of its teachers in existence on the effective date of this amendatory Act of the 97th General Assembly shall remain in full force and effect for the term of the agreement, unless terminated by mutual agreement.
Nothing in this amendatory Act of the 97th General Assembly (i) limits or otherwise impacts school districts' management right to hire new employees, (ii) affects what currently is or may be a mandatory subject of bargaining under the Illinois Educational Labor Relations Act, or (iii) creates a statutory cause of action for a candidate or a candidate's representative to challenge a school district's selection decision based on the school district's failure to adhere to the requirements of this Section.
(Source: P.A. 97-8, eff. 6-13-11.)
105 ILCS 5/24-2
(105 ILCS 5/24-2)
(from Ch. 122, par. 24-2)
(a) Teachers shall not be required
to teach on Saturdays, nor, except as provided in subsection (b) of this Section, shall teachers or other school
employees, other than noncertificated school employees whose presence is
necessary because of an emergency or for the continued operation and
maintenance of school facilities or property, be
required to work on legal school
holidays, which are January 1, New Year's Day; the third Monday in
January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the
first Monday in March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law; July 4,
Independence Day; the first Monday in September, Labor Day; the second Monday
in October, Columbus Day; November 11, Veterans' Day; the Thursday in
November commonly called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their judgment such
action is advisable. No deduction shall
be made from the time or
compensation of a school employee on account of any legal
or special holiday.
(b) A school board or other entity eligible to apply for waivers and modifications under Section 2-3.25g of this Code is authorized to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on the third Monday in January (the Birthday of Dr. Martin Luther King, Jr.); February 12 (the Birthday of President Abraham Lincoln); the first Monday in March (known as Casimir Pulaski's birthday); the second Monday in October (Columbus Day); and November 11 (Veterans' Day), provided that:
(1) the person or persons honored by the holiday are
recognized through instructional activities conducted on that day or, if the day is not used for student attendance, on the first school day preceding or following that day; and
(2) the entity that chooses to exercise this
authority first holds a public hearing about the proposal. The entity shall provide notice preceding the public hearing to both educators and parents. The notice shall set forth the time, date, and place of the hearing, describe the proposal, and indicate that the entity will take testimony from educators and parents about the proposal.
(c) Commemorative holidays, which recognize specified patriotic, civic,
cultural or historical persons, activities, or events, are regular school
holidays are: January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), the school day
immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and Afghanistan Veterans Remembrance Day), December 7 (Pearl Harbor Veterans' Day), and
any day so appointed by the President or
Governor. School boards may establish commemorative holidays whenever in
their judgment such action is advisable.
School boards shall include instruction relative to commemorated persons,
events on the commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction may be deemed
appropriate. The State Board of Education shall prepare and make available
to school boards instructional materials relative to commemorated persons,
or events which may be used by school boards in conjunction with any
instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe March 4 of each year as
a commemorative holiday. This holiday shall be known as Mayors' Day which
shall be a day to commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late Mayor Richard
J. Daley and the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the following Monday.
(e) Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. All government offices, with the exception of election authorities, shall be closed unless authorized to be used as a location for election day services or as a polling place.
(Source: P.A. 101-642, eff. 6-16-20.)
105 ILCS 5/24-3
(105 ILCS 5/24-3)
(from Ch. 122, par. 24-3)
Attendance at teachers' institute.
The days in any school year spent by a teacher or educational support personnel during the term time
spent in attendance upon a teachers' institute or equivalent professional
educational experiences held under the direction of the county
superintendent of schools shall be considered time expended in the service
of the district and no deduction of wages shall be made for such
attendance. The board may make a pro-rata deduction from the salary of
any teacher or educational support personnel who fail or refuse to attend such institute, unless, in the case of educational support personnel, they are exempt from attending.
The boards shall close the schools for county institute.
(Source: P.A. 97-525, eff. 1-1-12.)
105 ILCS 5/24-4
(105 ILCS 5/24-4)
(from Ch. 122, par. 24-4)
The color, race, sex, nationality, religion or religious affiliation
of any applicant seeking employment either as a superintendent, principal,
teacher or otherwise in the public elementary or high schools, shall not
be considered either a qualification or disqualification for any such employment.
Nor shall color, race, sex, nationality, religion or religious affiliation
be considered in assigning any person to an office or position or to any
school in the school system. If any member of a school board, superintendent,
principal or other school officer violates the foregoing provision or directly
or indirectly requires, asks or seeks information concerning the color,
race, sex, nationality, religion or religious affiliation of any person
in connection with his employment or assignment, or if any person, agency,
bureau, corporation or association employed or maintained to obtain or aid
in obtaining employment of the kind described, directly or indirectly requires,
asks, seeks, indicates or transmits orally or in writing information concerning
the color, race, sex, nationality, religion or religious affiliation of
an applicant for such employment, with the intent to influence such appointment,
he shall be liable to a penalty of not less than $100 nor more than $500,
to be recovered by the person aggrieved thereby in any court of competent
jurisdiction, and he shall be guilty of a Class B misdemeanor.
(Source: P.A. 81-1509.)
105 ILCS 5/24-4.1
(105 ILCS 5/24-4.1)
(from Ch. 122, par. 24-4.1)
Residence requirements.) Residency within any school district
shall not be considered in determining the employment or the compensation
of a teacher or whether to retain, promote, assign or transfer that teacher.
(Source: P.A. 82-381.)