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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 5/21B-60 (105 ILCS 5/21B-60) Sec. 21B-60. Principal preparation programs. (a) It is the policy of this State that an essential element of improving student learning is supporting and employing highly effective school principals in leadership roles who improve teaching and learning and increase academic achievement and the development of all students. (b) No later than September 1, 2014, recognized institutions approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, to offer principal preparation programs must do all of the following: (1) Meet the standards and requirements for such | | programs in accordance with this Section and any rules adopted by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board.
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| (2) Prepare candidates to meet required standards for
| | principal skills, knowledge, and responsibilities, which shall include a focus on instruction and student learning and which must be used for principal professional development, mentoring, and evaluation.
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| (3) Include specific requirements for (i) the
| | selection and assessment of candidates, (ii) training in the evaluation of staff, (iii) an internship, and (iv) a partnership with one or more school districts or State-recognized, nonpublic schools in which the chief administrator is required to have the licensure necessary to be a principal in a public school in this State and in which a majority of the teachers are required to have the licensure necessary to be instructors in a public school in this State.
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| (c) Candidates successfully completing a principal preparation program established pursuant to this Section shall obtain a principal endorsement on a Professional Educator License and are eligible to work as a principal or an assistant principal or in related or similar positions, as determined by the State Superintendent of Education, in consultation with the State Educator Preparation and Licensure Board.
(d) The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, may adopt such rules as may be necessary to implement and administer principal preparation programs under this Section.
(Source: P.A. 99-58, eff. 7-16-15.)
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105 ILCS 5/21B-65 (105 ILCS 5/21B-65) Sec. 21B-65. National Board for Professional Teaching Standards. Individuals holding certification issued by the National Board for Professional Teaching Standards shall be issued a National Board for Professional Teaching Standards designation on an existing Professional Educator License. The designation shall be issued automatically and added to an individual's Professional Educator License, and individuals need not submit an application. The National Board for Professional Teaching Standards designation must be issued only for the same validity period as the National Board for Professional Teaching Standards certification, and the designation must be removed from the Professional Educator License when the educator no longer holds the certification from the National Board for Professional Teaching Standards. Beginning on July 1, 2013, individuals holding an Illinois National Board for Professional Teaching Standards endorsement issued pursuant to the requirements of Section 21-2 of this Code must have a current certificate issued by the National Board for Professional Teaching Standards in order to maintain the Illinois National Board for Professional Teaching Standards endorsement. Any individual who, on or after July 1, 2012, has been issued a Master Certificate pursuant to Section 21-2 of this Code or a National Board for Professional Teaching Standards designation on a Professional Educator License pursuant to this Section may work as a teacher only in an area for which he or she holds the required Illinois endorsement. Any individual who, prior to June 30, 2012, has been issued an endorsement for a particular area on a Master Certificate may work as a teacher in that area even without having been issued the required Illinois endorsement.
(Source: P.A. 97-607, eff. 8-26-11.) |
105 ILCS 5/21B-70 (105 ILCS 5/21B-70) Sec. 21B-70. Illinois Teaching Excellence Program. (a) As used in this Section: "Diverse candidate" means a candidate who identifies with any of the ethnicities reported on the Illinois Report Card other than White. "Hard-to-staff school" means a public school in which no less than 30% of the student enrollment is considered low-income as reported by the report card under Section 10-17a of this Code. "National Board certified teacher candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting all other candidate cohorts other than diverse candidate cohorts through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher diverse candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting racially and ethnically diverse candidates through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher diverse liaison" means an individual or entity that supports the National Board certified teacher leading a diverse candidate cohort. "National Board certified teacher liaison" means an individual or entity that supports the National Board certified teacher leading candidate cohorts other than diverse candidate cohorts. "National Board certified teacher rural or remote or distant candidate cohort facilitator" means a National Board certified teacher who collaborates to advance the goal of supporting rural or remote candidates through the Illinois National Board for Professional Teaching Standards Comprehensive Support System. "National Board certified teacher rural or remote or distant liaison" means an individual or entity that supports the National Board certified teacher leading a rural or remote candidate cohort. "Qualified educator" means a teacher or school counselor currently employed in a school district who is in the process of obtaining certification through the National Board for Professional Teaching Standards or who has completed certification and holds a current Professional Educator License with a National Board for Professional Teaching Standards designation or a retired teacher or school counselor who holds a Professional Educator License with a National Board for Professional Teaching Standards designation. "Rural or remote" or "rural or remote or distant" means local codes 32, 33, 41, 42, and 43 of the New Urban-Centric Locale Codes, as defined by the National Center for Education Statistics. "Tier 1" has the meaning given to that term under Section 18-8.15. "Tier 2" has the meaning given to that term under Section 18-8.15. (b) Any funds appropriated for the Illinois Teaching Excellence Program must be used to provide monetary assistance and incentives for qualified educators who are employed by or retired from school districts and who have or are in the process of obtaining licensure through the National Board for Professional Teaching Standards. The goal of the program is to improve instruction and student performance. The State Board of Education shall allocate an amount as annually appropriated by the General Assembly for the Illinois Teaching Excellence Program for (i) application or re-take fees for each qualified educator seeking to complete certification through the National Board for Professional Teaching Standards, to be paid directly to the National Board for Professional Teaching Standards, and (ii) incentives under paragraphs (1), (2), and (3) of subsection (c) for each qualified educator, to be distributed to the respective school district, and incentives under paragraph (5) of subsection (c), to be distributed to the respective school district or directly to the qualified educator. The school district shall distribute this payment to each eligible teacher or school counselor as a single payment. The State Board of Education's annual budget must set out by separate line item the appropriation for the program. Unless otherwise provided by appropriation, qualified educators are eligible for monetary assistance and incentives outlined in subsections (c) and (d) of this Section. (c) When there are adequate funds available, monetary assistance and incentives shall include the following: (1) A maximum of $2,000 toward the application or | | re-take fee for teachers or school counselors in a Tier 1 school district who apply on a first-come, first-serve basis for National Board certification.
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| (2) A maximum of $2,000 toward the application or
| | re-take fee for teachers or school counselors in a school district other than a Tier 1 school district who apply on a first-come, first-serve basis for National Board certification.
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| (3) A maximum of $1,000 toward the National Board for
| | Professional Teaching Standards' renewal application fee.
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| (4) (Blank).
(5) An annual incentive of no more than $2,250
| | prorated at $50 per hour, which shall be paid to each qualified educator currently employed in a school district who holds both a National Board for Professional Teaching Standards designation and a current corresponding certificate issued by the National Board for Professional Teaching Standards and who agrees, in writing, to provide up to 45 hours of mentoring or National Board for Professional Teaching Standards professional development or both during the school year to classroom teachers or school counselors, as applicable. Funds must be disbursed on a first-come, first-serve basis, with priority given to Tier 1 school districts. Mentoring shall include, either singly or in combination, the following:
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| (A) National Board for Professional Teaching
| | Standards certification candidates.
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| (B) National Board for Professional Teaching
| | Standards re-take candidates.
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| (C) National Board for Professional Teaching
| | Standards renewal candidates.
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| (D) (Blank).
Funds may also be used for professional development training provided by the National Board Resource Center.
Funds may also be used for instructional leadership training for qualified educators interested in supporting implementation of the Illinois Learning Standards or teaching and learning priorities of the State Board of Education or both.
(d) In addition to the monetary assistance and incentives provided under subsection (c), if adequate funds are available, incentives shall include the following incentives for the program in rural or remote schools or school districts or for programs working with diverse candidates or for retention bonuses for hard-to-staff schools, to be distributed to the respective school district or directly to the qualified educator or entity:
(1) A one-time incentive of $3,000 payable to
| | National Board certified teachers teaching in Tier 1 or Tier 2 rural or remote school districts or rural or remote schools in Tier 1 or Tier 2 school districts, with priority given to teachers teaching in Tier 1 rural or remote school districts or rural or remote schools in Tier 1 school districts.
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| (2) An annual incentive of $3,200 for National Board
| | certified teacher rural or remote or distant candidate cohort facilitators, diverse candidate cohort facilitators, and candidate cohort facilitators. Priority shall be given to rural or remote candidate cohort facilitators and diverse candidate cohort facilitators.
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| (3) An annual incentive of $2,500 for National Board
| | certified teacher rural or remote or distant liaisons, diverse liaisons, and liaisons. Priority shall be given to rural or remote liaisons and diverse liaisons.
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| (4) An annual retention bonus of $4,000 per year for
| | 2 consecutive years shall be awarded to National Board certified teachers employed in hard-to-staff schools. Funds must be disbursed on a first-come, first-served basis.
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| (Source: P.A. 103-122, eff. 6-30-23; 103-207, eff. 1-1-24; 103-605, eff. 7-1-24.)
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105 ILCS 5/21B-75 (105 ILCS 5/21B-75) Sec. 21B-75. Suspension or revocation of license, endorsement, or approval. (a) As used in this Section, "teacher" means any school district employee regularly required to be licensed, as provided in this Article, in order to teach or supervise in the public schools. (b) The State Superintendent of Education has the exclusive authority, in accordance with this Section and any rules adopted by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, to initiate the suspension of up to 5 calendar years or revocation of any license, endorsement, or approval issued pursuant to this Article for abuse or neglect of a child, sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code, immorality, a condition of health detrimental to the welfare of pupils, incompetency, unprofessional conduct (which includes the failure to disclose on an employment application any previous conviction for a sex offense, as defined in Section 21B-80 of this Code, or any other offense committed in any other state or against the laws of the United States that, if committed in this State, would be punishable as a sex offense, as defined in Section 21B-80 of this Code), the neglect of any professional duty, willful or negligent failure to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act, or other just cause. Negligent failure to report an instance of suspected child abuse or neglect occurs when a teacher personally observes an instance of suspected child abuse or neglect and reasonably believes, in his or her professional or official capacity, that the instance constitutes an act of child abuse or neglect under the Abused and Neglected Child Reporting Act, and he or she, without willful intent, fails to immediately report or cause a report to be made of the suspected abuse or neglect to the Department of Children and Family Services, as required by the Abused and Neglected Child Reporting Act. Unprofessional conduct shall include the refusal to attend or participate in institutes, teachers' meetings, or professional readings or to meet other reasonable requirements of the regional superintendent of schools or State Superintendent of Education. Unprofessional conduct also includes conduct that violates the standards, ethics, or rules applicable to the security, administration, monitoring, or scoring of or the reporting of scores from any assessment test or examination administered under Section 2-3.64a-5 of this Code or that is known or intended to produce or report manipulated or artificial, rather than actual, assessment or achievement results or gains from the administration of those tests or examinations. Unprofessional conduct shall also include neglect or unnecessary delay in the making of statistical and other reports required by school officers. Incompetency shall include, without limitation, 2 or more school terms of service for which the license holder has received an unsatisfactory rating on a performance evaluation conducted pursuant to Article 24A of this Code within a period of 7 school terms of service. In determining whether to initiate action against one or more licenses based on incompetency and the recommended sanction for such action, the State Superintendent shall consider factors that include without limitation all of the following: (1) Whether the unsatisfactory evaluation ratings | | occurred prior to June 13, 2011 (the effective date of Public Act 97-8).
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| (2) Whether the unsatisfactory evaluation ratings
| | occurred prior to or after the implementation date, as defined in Section 24A-2.5 of this Code, of an evaluation system for teachers in a school district.
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| (3) Whether the evaluator or evaluators who performed
| | an unsatisfactory evaluation met the pre-licensure and training requirements set forth in Section 24A-3 of this Code.
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| (4) The time between the unsatisfactory evaluation
| | (5) The quality of the remediation plans associated
| | with the unsatisfactory evaluation ratings and whether the license holder successfully completed the remediation plans.
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| (6) Whether the unsatisfactory evaluation ratings
| | were related to the same or different assignments performed by the license holder.
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| (7) Whether one or more of the unsatisfactory
| | evaluation ratings occurred in the first year of a teaching or administrative assignment.
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| When initiating an action against one or more licenses, the State Superintendent may seek required professional development as a sanction in lieu of or in addition to suspension or revocation. Any such required professional development must be at the expense of the license holder, who may use, if available and applicable to the requirements established by administrative or court order, training, coursework, or other professional development funds in accordance with the terms of an applicable collective bargaining agreement entered into after June 13, 2011 (the effective date of Public Act 97-8), unless that agreement specifically precludes use of funds for such purpose.
(c) The State Superintendent of Education shall, upon receipt of evidence of abuse or neglect of a child, immorality, a condition of health detrimental to the welfare of pupils, incompetency (subject to subsection (b) of this Section), unprofessional conduct, the neglect of any professional duty, or other just cause, further investigate and, if and as appropriate, serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension, revocation, or other sanction; provided that the State Superintendent is under no obligation to initiate such an investigation if the Department of Children and Family Services is investigating the same or substantially similar allegations and its child protective service unit has not made its determination, as required under Section 7.12 of the Abused and Neglected Child Reporting Act. If the State Superintendent of Education does not receive from an individual a request for a hearing within 10 days after the individual receives notice, the suspension, revocation, or other sanction shall immediately take effect in accordance with the notice. If a hearing is requested within 10 days after notice of an opportunity for hearing, it shall act as a stay of proceedings until the State Educator Preparation and Licensure Board issues a decision. Any hearing shall take place in the educational service region where the educator is or was last employed and in accordance with rules adopted by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, and such rules shall include without limitation provisions for discovery and the sharing of information between parties prior to the hearing. The standard of proof for any administrative hearing held pursuant to this Section shall be by the preponderance of the evidence. The decision of the State Educator Preparation and Licensure Board is a final administrative decision and is subject to judicial review by appeal of either party.
The State Board of Education may refuse to issue or may suspend the license of any person who fails to file a return or to pay the tax, penalty, or interest shown in a filed return or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
The exclusive authority of the State Superintendent of Education to initiate suspension or revocation of a license pursuant to this Section does not preclude a regional superintendent of schools from cooperating with the State Superintendent or a State's Attorney with respect to an investigation of alleged misconduct.
(d) The State Superintendent of Education or his or her designee may initiate and conduct such investigations as may be reasonably necessary to establish the existence of any alleged misconduct. At any stage of the investigation, the State Superintendent may issue a subpoena requiring the attendance and testimony of a witness, including the license holder, and the production of any evidence, including files, records, correspondence, or documents, relating to any matter in question in the investigation. The subpoena shall require a witness to appear at the State Board of Education at a specified date and time and shall specify any evidence to be produced. The license holder is not entitled to be present, but the State Superintendent shall provide the license holder with a copy of any recorded testimony prior to a hearing under this Section. Such recorded testimony must not be used as evidence at a hearing, unless the license holder has adequate notice of the testimony and the opportunity to cross-examine the witness. Failure of a license holder to comply with a duly issued, investigatory subpoena may be grounds for revocation, suspension, or denial of a license.
(e) All correspondence, documentation, and other information so received by the regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board under this Section is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to this Article, (ii) pursuant to a court order, (iii) for disclosure to the license holder or his or her representative, or (iv) as otherwise required in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement.
(f) The State Superintendent of Education or a person designated by him or her shall have the power to administer oaths to witnesses at any hearing conducted before the State Educator Preparation and Licensure Board pursuant to this Section. The State Superintendent of Education or a person designated by him or her is authorized to subpoena and bring before the State Educator Preparation and Licensure Board any person in this State and to take testimony either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State.
(g) Any circuit court, upon the application of the State Superintendent of Education or the license holder, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers as part of any investigation or at any hearing the State Educator Preparation and Licensure Board is authorized to conduct pursuant to this Section, and the court may compel obedience to its orders by proceedings for contempt.
(h) The State Board of Education shall receive an annual line item appropriation to cover fees associated with the investigation and prosecution of alleged educator misconduct and hearings related thereto.
(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22; 102-702, eff. 7-1-23 .)
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105 ILCS 5/21B-80 (105 ILCS 5/21B-80) Sec. 21B-80. Conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license. (a) As used in this Section: "Drug offense" means any one or more of the following offenses: (1) Any offense defined in the Cannabis Control Act, | | except those defined in subdivisions (a), (b), and (c) of Section 4 and subdivisions (a) and (b) of Section 5 of the Cannabis Control Act and any offense for which the holder of a license is placed on probation under the provisions of Section 10 of the Cannabis Control Act, provided that if the terms and conditions of probation required by the court are not fulfilled, the offense is not eligible for this exception.
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| (2) Any offense defined in the Illinois Controlled
| | Substances Act, except any offense for which the holder of a license is placed on probation under the provisions of Section 410 of the Illinois Controlled Substances Act, provided that if the terms and conditions of probation required by the court are not fulfilled, the offense is not eligible for this exception.
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| (3) Any offense defined in the Methamphetamine
| | Control and Community Protection Act, except any offense for which the holder of a license is placed on probation under the provision of Section 70 of that Act, provided that if the terms and conditions of probation required by the court are not fulfilled, the offense is not eligible for this exception.
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| (4) Any attempt to commit any of the offenses listed
| | in items (1) through (3) of this definition.
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| (5) Any offense committed or attempted in any other
| | state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the offenses listed in items (1) through (4) of this definition.
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| The changes made by Public Act 96-431 to this definition are declaratory of existing law.
"Sentence" includes any period of supervised release or probation that was imposed either alone or in combination with a period of incarceration.
"Sex or other offense" means any one or more of the following offenses:
(A) Any offense defined in Article 9 of the Criminal
| | Code of 1961 or the Criminal Code of 2012; Sections 11-6, 11-9 through 11-9.5, inclusive, and 11-30 (if punished as a Class 4 felony) of the Criminal Code of 1961 or the Criminal Code of 2012; Sections 11-14.1 through 11-21, inclusive, of the Criminal Code of 1961 or the Criminal Code of 2012; Sections 11-23 (if punished as a Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal Code of 1961 or the Criminal Code of 2012; Section 10-5.1, subsection (c) of Section 10-9, and Sections 11-6.6, 11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5, and 12-35 of the Criminal Code of 2012; and Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished pursuant to subdivision (4) or (5) of subsection (d) of Section 26-4) of the Criminal Code of 1961 or the Criminal Code of 2012.
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| (B) Any attempt to commit any of the offenses listed
| | in item (A) of this definition.
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| (C) Any offense committed or attempted in any other
| | state that, if committed or attempted in this State, would have been punishable as one or more of the offenses listed in items (A) and (B) of this definition.
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| (b) Whenever the holder of any license issued pursuant to this Article or applicant for a license to be issued pursuant to this Article has been convicted of any drug offense, other than as provided in subsection (c) of this Section, the State Superintendent of Education shall forthwith suspend the license or deny the application, whichever is applicable, until 7 years following the end of the sentence for the criminal offense. If the conviction is reversed and the holder is acquitted of the offense in a new trial or the charges against him or her are dismissed, the State Superintendent of Education shall forthwith terminate the suspension of the license.
(b-5) Whenever the holder of a license issued pursuant to this Article or applicant for a license to be issued pursuant to this Article has been charged with attempting to commit, conspiring to commit, soliciting, or committing any sex or other offense, as enumerated under item (A) of subsection (a), first degree murder, or a Class X felony or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses, the State Superintendent of Education shall immediately suspend the license or deny the application until the person's criminal charges are adjudicated through a court of competent jurisdiction. If the person is acquitted, his or her license or application shall be immediately reinstated.
(c) Whenever the holder of a license issued pursuant to this Article or applicant for a license to be issued pursuant to this Article has been convicted of attempting to commit, conspiring to commit, soliciting, or committing any sex or other offense, as enumerated under item (A) of subsection (a), first degree murder, or a Class X felony or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses, the State Superintendent of Education shall forthwith suspend the license or deny the application, whichever is applicable. If the conviction is reversed and the holder is acquitted of that offense in a new trial or the charges that he or she committed that offense are dismissed, the State Superintendent of Education shall forthwith terminate the suspension of the license. When the conviction becomes final, the State Superintendent of Education shall forthwith revoke the license.
(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22 .)
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105 ILCS 5/21B-85 (105 ILCS 5/21B-85) Sec. 21B-85. Conviction of felony. (a) Whenever the holder of any license issued under this Article is employed by the school board of a school district, including a special charter district or a school district organized under Article 34 of this Code, and is convicted, either after a bench trial, trial by jury, or plea of guilty, of any offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided, the school board shall promptly notify the State Superintendent of Education, in writing, of the name of the license holder, the fact of the conviction, and the name and location of the court in which the conviction occurred. (b) Whenever the school board of a school district, including a special charter district or a school district organized under Article 34 of this Code, learns that any person who is a teacher, as that term is defined in Section 16-106 of the Illinois Pension Code, has been convicted, either after a bench trial, trial by jury, or plea of guilty, of any offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided, the school board shall promptly notify, in writing, the board of trustees of the Teachers' Retirement System of the State of Illinois and the board of trustees of the Public School Teachers' Pension and Retirement Fund of the City of Chicago of the name of the license holder, the fact of the conviction, the name and location of the court in which the conviction occurred, and the number assigned in that court to the case in which the conviction occurred.
(Source: P.A. 102-552, eff. 1-1-22; 103-51, eff. 1-1-24 .) |
105 ILCS 5/21B-90 (105 ILCS 5/21B-90) Sec. 21B-90. Administrative Review Law. In this Section, "administrative decision" has the meaning ascribed to that term in Section 3-101 of the Code of Civil Procedure. The provisions of the Administrative Review Law and the rules adopted pursuant to the Administrative Review Law shall apply to and govern all proceedings instituted for the judicial review of final administrative decisions of the State Board of Education, the State Educator Preparation and Licensure Board, and the regional superintendent of schools under this Article. The commencement of any action for review shall operate as a stay of enforcement, and no action based on any decision of the State Board of Education, the State Educator Preparation and Licensure Board, or the regional superintendent of schools shall be taken pending final disposition of the review.
(Source: P.A. 97-607, eff. 8-26-11.) |
105 ILCS 5/21B-95 (105 ILCS 5/21B-95) Sec. 21B-95. Denial of recommendation for licensure. Each college or university providing an educator preparation program approved and recognized pursuant to the provisions of this Article shall establish procedures and standards to ensure that no student is denied the opportunity to receive an institutional recommendation for licensure or entitlement for reasons that are not directly related to the candidate's anticipated performance as a licensed educator. These standards and procedures shall include the specific criteria used by the institution for admission, retention, and recommendation or entitlement for licensure; periodic evaluations of the candidate's progress towards an institutional recommendation; counseling and other supportive services to correct any deficiencies that are considered remedial; and provisions to ensure that no person is discriminated against on the basis of race, color, national origin, or a disability unrelated to the person's ability to perform as a licensed educator. Each institution shall also establish a grievance procedure for those candidates who are denied the institutional recommendation or entitlement for licensure. Within 10 days after notification of such a denial, the college or university shall notify the candidate, in writing, of the reasons for the denial of recommendation for licensure. Within 30 days after notification of the denial, the candidate may request the college or university to review the denial.
(Source: P.A. 97-607, eff. 8-26-11.) |
105 ILCS 5/21B-100 (105 ILCS 5/21B-100) Sec. 21B-100. Licensure officers at higher education institutions. Licensure officers at higher education institutions shall adhere to this Code and any administrative rules adopted to implement this Code when entitling candidates for licensure or when adding endorsements. Violations of this Code or implementing rules regarding the entitlement of candidates by a licensure officer shall place the employing institution's educator preparation program in jeopardy, specifically regarding the institution's right to offer programs and recommend or entitle candidates for licensure. Licensure officers are required to attend training conducted by the State Superintendent of Education and review new legislation and administrative rules as such become available. The State Superintendent of Education shall communicate any policy changes to licensure officers when such changes occur.
(Source: P.A. 97-607, eff. 8-26-11.) |
105 ILCS 5/21B-105 (105 ILCS 5/21B-105) Sec. 21B-105. Granting of recognition; regional accreditation; definitions. (a) "Recognized", as used in this Article in connection with the word "school" or "institution", means such college, university, or for-profit or not-for-profit entity that meets requirements set by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. Application for recognition of the school or institution as an educator preparation institution must be made to the State Board of Education. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall set the criteria by which the school or institution is to be judged and, through the secretary of the State Board, arrange for an official inspection and shall grant recognition of such school or institution as may meet the required standards. If the standards include requirements with regard to education in acquiring skills in working with culturally distinctive students, as defined by the State Board of Education, then the rules of the State Board of Education shall include the criteria used to evaluate compliance with this requirement. No school or institution may make assignments of student teachers or teachers for practice teaching so as to promote segregation on the basis of race, creed, color, religion, sex, or national origin. Any for-profit or not-for-profit entity must also be approved by the Board of Higher Education. All recommendations or entitlements for educator licensure shall be made by a recognized institution operating a program of preparation for the license that is approved by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board. The State Board of Education, in consultation with the State Educator Preparation and Licensure Board, shall have the power to define a major or minor when used as a basis for recognition and licensure purposes. (b) "Regionally accredited", or "accredited", as used in this Article in connection with a university or institution, means an institution of higher education accredited by the North Central Association or other comparable regional accrediting association.
(Source: P.A. 100-596, eff. 7-1-18.) |
105 ILCS 5/21B-110 (105 ILCS 5/21B-110) Sec. 21B-110. Public health emergency declaration. (a) This Section applies only during any time in which the Governor has declared a public health emergency under Section 7 of the Illinois Emergency Management Agency Act. (b) Notwithstanding any other requirements under this Article, the requirements under subsection (f) of Section 21B-30 are waived for an applicant seeking an educator license. (c) Notwithstanding any other requirements under this Article, during the implementation of remote learning days under Section 10-30, a candidate seeking an educator license may: (1) complete his or her required student teaching or | | equivalent experience remotely; or
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| (2) complete his or her required school business
| | management internship remotely.
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(Source: P.A. 101-643, eff. 6-18-20.)
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105 ILCS 5/21B-115 (105 ILCS 5/21B-115) Sec. 21B-115. Spring 2020 student teaching or internship. Notwithstanding any other requirements under this Article, for the spring 2020 semester only, a candidate's requirement to complete student teaching or its equivalent or a school business management internship is waived.
(Source: P.A. 101-643, eff. 6-18-20.) |
105 ILCS 5/21B-200
(105 ILCS 5/21B-200)
Sec. 21B-200. (Repealed).
(Source: P.A. 98-860, eff. 1-1-15. Repealed by P.A. 100-1046, eff. 8-23-18.)
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105 ILCS 5/Art. 22
(105 ILCS 5/Art. 22 heading)
ARTICLE 22.
GENERAL PROVISIONS--PENALTIES--LIABILITIES
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105 ILCS 5/22-1
(105 ILCS 5/22-1) (from Ch. 122, par. 22-1)
Sec. 22-1.
Trustees and similar officers-No pecuniary compensation.
Trustees of schools, school directors or other school officers
performing like duties shall receive no pecuniary compensation.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/22-2
(105 ILCS 5/22-2) (from Ch. 122, par. 22-2)
Sec. 22-2.
Cost
of official bonds.
Every school district shall be subject to the provisions of "An Act
relating to the payment of the cost of corporate suretyship and indemnity
upon official bonds", approved June 7, 1897, as amended.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/22-3
(105 ILCS 5/22-3) (from Ch. 122, par. 22-3)
Sec. 22-3.
Enforcement of judgments - Service of process - Costs.
If judgment is obtained against any county board of school trustees,
trustees of schools or school board, the party entitled to the benefit
of the judgment may have enforcement thereof as
follows: the court in
which the judgment is entered or to which it may be removed by
transcript from the circuit court shall enter an order commanding the
directors, trustees and school treasurer to cause
the amount thereof with interest and costs to be paid to the party
entitled to the benefit of the judgment, out of any moneys of the
township or district unappropriated, or if there are no such moneys, out
of the first moneys applicable to the payment of the kind of services or
indebtedness for which the judgment is entered which shall be received
for the use of the township or district. The court may enforce
obedience to such order by body attachment or by mandamus,
requiring such
board to levy a tax for the payment of the judgment. All judicial
processes to enforce payment, shall be served either
on the president or the clerk of the board.
No official shall charge any costs in any action in which any school
officer, school corporation or any agent of any school fund, suing for
the recovery thereof, or any interest due thereon, is plaintiff, and is
unsuccessful in the action; nor in case the costs cannot be recovered from
the defendant by reason of his or her insolvency.
(Source: P.A. 83-346.)
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105 ILCS 5/22-4
(105 ILCS 5/22-4)
Sec. 22-4. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/22-5
(105 ILCS 5/22-5) (from Ch. 122, par. 22-5)
Sec. 22-5.
Interest of officers or teachers in books, apparatus or
furniture.
No State, county, township, or district school officer or teacher
shall be interested in the sale, proceeds or profits of any book,
apparatus or furniture used or to be used in any school with which such
officer or teacher may be connected, except when the interest of the
teacher is based upon authorship or development of instructional
materials listed with the State Board of Education in compliance with
the provisions of Article 28 of this Act
and adopted for use by a school board subject to Section 10-20.8 of this
Act. Each teacher having an interest in instructional materials shall
file an annual statement so certifying with the secretary of the board
of the school district which employs him. Any such officer or teacher
who violates the provisions of this Section shall be guilty of a Class A
misdemeanor.
(Source: P.A. 81-1508.)
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105 ILCS 5/22-6
(105 ILCS 5/22-6) (from Ch. 122, par. 22-6)
Sec. 22-6.
Conversion of funds by officers.
If any county superintendent, trustee of schools, township treasurer,
director or other person entrusted with the care, control, management or
disposition of any school, college, seminary or township fund for the use
of any county, township, district or school converts such funds, or any
part thereof, to his own use he shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267 .)
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105 ILCS 5/22-6.5
(105 ILCS 5/22-6.5)
Sec. 22-6.5.
False statement or material omission; Class A misdemeanor.
Any
person who applies for employment as a teacher, principal, superintendent, or
other certificated employee of a school board of any school district, including
a special charter district and a district organized under Article 34 of the
School Code, who willfully makes a false statement on his or her application
for
employment, material to his or her qualifications for employment, which he or
she does not believe to be true, shall be guilty of a Class A misdemeanor.
If a person's employment history or current or prior employers are required
to be furnished on an application for
employment, a person who makes a statement which he or she does not believe
to be true or who knowingly omits or fails to include any employment history or
employer required to be furnished on the application which is material to his
or her qualifications for employment shall be deemed to have made a false
statement on his or her application within the meaning of this Section.
Each application for employment for a certificated position used by a school
district shall state that failure to provide requested employment or employer
history which is material to the applicant's qualifications for employment or
the provision of statements which the applicant does not believe to be true may
be a Class A misdemeanor.
(Source: P.A. 88-102.)
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105 ILCS 5/22-7
(105 ILCS 5/22-7) (from Ch. 122, par. 22-7)
Sec. 22-7.
Liability for loss of funds.
County superintendents, trustees of schools, township treasurers and
directors, or either of them, or any other officer having charge of school
funds or property, shall be pecuniarily responsible for all losses
sustained by any county or township fund by reason of any failure on his or
their part to perform the duties required of him or them by this Act or
by any rule authorized to be made by this
Act, and each of such officers shall be liable for any such loss sustained,
the amount of which may be recovered in a civil action brought in the circuit
court, at the suit of the State of Illinois, for the
use of the county, township or fund injured. The amount of the judgment
obtained in such suit shall, when collected, be paid to the proper officer
for the benefit of the county, township or fund injured.
(Source: P.A. 79-1366.)
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105 ILCS 5/22-8
(105 ILCS 5/22-8) (from Ch. 122, par. 22-8)
Sec. 22-8.
Failure of officers to discharge duties.
If any county superintendent, trustee, director, or other officer
negligently or wilfully fails or refuses to make, furnish or communicate
statistics and information, or fails to discharge any other duties enjoined
upon him, at the time and in the manner required by this Act, he shall be
guilty of a petty offense and shall be liable to a fine of not less than
$25, to be recovered before any circuit court at the suit of any person on
complaint in the name of the People of the State of Illinois, and when
collected the fine shall be paid to the county superintendent of schools.
(Source: P.A. 77-2267.)
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105 ILCS 5/22-9
(105 ILCS 5/22-9)
Sec. 22-9. (Repealed).
(Source: P.A. 77-2267. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/22-10
(105 ILCS 5/22-10) (from Ch. 122, par. 22-10)
Sec. 22-10.
Payments and grants in aid of church or sectarian purpose.
No county, city, town, township, school district or other public
corporation shall make any appropriation, or pay from any school fund
anything in aid of any church or sectarian purpose or to support or sustain
any school, academy, seminary, college, university or other literary or
scientific institution controlled by any church or sectarian denomination;
nor shall any grant or donation of money or other personal property be made
by any such corporation to any church or for any sectarian purpose. Any
officer or other person having under his charge or direction school funds
or property who perverts the same in the manner forbidden in this section
shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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105 ILCS 5/22-11
(105 ILCS 5/22-11) (from Ch. 122, par. 22-11)
Sec. 22-11.
Exclusion of children on account of color.
Any school officer or other person who excludes or aids in excluding
from the public schools, on account of color, any child who is entitled to
the benefits of such school shall be guilty of a petty offense and shall be
fined not less than $5 nor more than $100.
(Source: P.A. 77-2267.)
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105 ILCS 5/22-12
(105 ILCS 5/22-12) (from Ch. 122, par. 22-12)
Sec. 22-12.
Preventing or interfering with a child's attendance at school.
Whoever by threat, menace, or intimidation prevents any child
entitled to attend a public or nonpublic school in this State from
attending such
school or interferes with any such child's attendance at that school shall
be guilty of a Class A misdemeanor.
(Source: P.A. 92-96, eff. 1-1-02.)
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105 ILCS 5/22-13
(105 ILCS 5/22-13) (from Ch. 122, par. 22-13)
Sec. 22-13.
Use
of Illinois mined coal.
School boards shall comply with the provisions of "An Act concerning the
use of Illinois mined coal in certain plants and institutions", filed July
13, 1937, as amended.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/22-14
(105 ILCS 5/22-14) (from Ch. 122, par. 22-14)
Sec. 22-14.
Scholastic records of discontinued districts.
If any school district is discontinued under this Act and is not made a
distinct part of another school district that makes arrangements to safely
keep all scholastic records of the former pupils of the discontinued
district, the last governing authorities of the discontinued district shall
turn over all scholastic records of its former pupils to the county
superintendent of schools of the county in which the school building of the
district is located; and such county superintendent of schools shall take
possession of and arrange for the safekeeping of such records for the
purpose of reference by said former pupils.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/22-15
(105 ILCS 5/22-15) (from Ch. 122, par. 22-15)
Sec. 22-15. Insurance on athletes.
(a) In this Section, "IHSA" means the Illinois High School Association. (b) A public school district maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with aggregate benefit limits of $3 million or 5 years, whichever occurs first, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event held away from the student's school) that results in medical expenses in excess of $50,000. These benefit limits are to be in excess of any and all other insurance, coverage or benefit, in whatever form or designation.
Any public school that requires students participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event
held away from the student's school) to be covered under an individual or group policy of accident and health insurance is exempt from the requirements of this Section. Non-public schools maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with aggregate benefit limits of $3 million or 5 years, whichever occurs first, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic tournaments sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic tournament as well as during a temporary stay at the location of an athletic tournament held away from the student's school) that results in medical expenses in excess of $50,000. These benefit limits are to be in excess of any and all other insurance, coverage or benefit, in whatever form or designation. Any non-public school that requires students participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event
held away from the student's school) to be covered under an individual or group policy of accident and health insurance is exempt from the requirements of this Section. (c) The IHSA has the exclusive authority to promulgate a plan of coverage necessary to ensure compliance with this Section. The IHSA shall provide a group policy providing the coverage necessary to comply with this Section. Public school districts and non-public schools may purchase the coverage necessary to comply with this Section by participating in the group policy. Alternatively, public school districts or non-public schools that do not participate in the group policy may obtain the coverage necessary to comply with this Section from other coverage providers, but must submit to the IHSA, 60 days before the coverage inception, a certificate of insurance from the coverage provider stating that the insurance provided by the coverage provider is in compliance with the plan of coverage approved by the IHSA. A public school district that manages schools located within a city of over 500,000 inhabitants may provide the catastrophic accident insurance coverage required by this Section through a program of self-insurance, and the public school district must submit to the IHSA, 60 days before coverage inception, proof that the program is in compliance with the plan of coverage. (d) A public school district maintaining grades kindergarten through 8 may provide
medical or hospital service, or both, through accident and health insurance
on a group or individual basis, or through non-profit hospital service
corporations or medical service plan corporations or both, for pupils of
the district in grades kindergarten through 8 injured while participating in any athletic activity under the
jurisdiction of or sponsored or controlled by the district or the
authorities of any school thereof. The cost of such insurance or of
subscriptions to such non-profit corporations, when paid from the funds of
the district, shall, to the extent such moneys are sufficient, be paid from
moneys derived from athletic activities. To the extent that moneys derived
from athletic activities are insufficient, such cost may be paid from the
educational fund of the district. Such insurance may be purchased from or such subscriptions may be taken
in only such companies or corporations as are authorized to do business in
Illinois.
(Source: P.A. 98-166, eff. 8-5-13.)
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105 ILCS 5/22-16
(105 ILCS 5/22-16) (from Ch. 122, par. 22-16)
Sec. 22-16.
Acquisition of land outside school district.
Whenever, in the opinion of the corporate authority of any school
district, a lot or parcel of land situated not more than 2 miles outside
of said school district or in the case of a building project under
authority of Section 10-22.31b of this Act, within the boundaries of
the joint agreement area or within 2 miles of the boundaries of any school
district which is a party to the joint agreement, may be required for such
school purposes,
title to such lot or parcel of land may be acquired by such school
district by purchase or in the manner provided by law for the exercise
of the right of eminent domain.
(Source: P.A. 80-270 .)
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105 ILCS 5/22-17
(105 ILCS 5/22-17) (from Ch. 122, par. 22-17)
Sec. 22-17.
Leasing property from building commission.
In addition to other powers and authority now possessed by it, the
corporate authority of any school district, including any special charter
district, shall have power:
(1) To lease from any public building commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955,
and as amended from time to time, any real or personal property for the
purpose of securing office or other space for its administrative or
educational functions for a period of time not exceeding 40 years;
(2) To pay for the use of this leased property in accordance with the
terms of the lease; and
(3) To enter into such lease without making a previous appropriation or
provision in the budget for the expense thereby incurred.
(Source: P.A. 77-1351.)
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105 ILCS 5/22-18
(105 ILCS 5/22-18) (from Ch. 122, par. 22-18)
Sec. 22-18.
Apportionment of assets in district without property.
Whenever there is no property within a school district subject to
taxation for ordinary operating purposes, the county clerk shall so notify
the trustees of the township or townships or county board of school
trustees wherein the school district is located who shall apportion the
assets of such district among the remaining school districts of such
township or townships in proportion to the last preceding apportionment
from the common school fund to such townships and shall notify the school
treasurer to note such apportionment in the proper account of each
district.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/22-19
(105 ILCS 5/22-19) (from Ch. 122, par. 22-19)
Sec. 22-19.
Upon the filing of a complaint with the State Board of Education,
executed in duplicate and subscribed with the names
and addresses of at least 50 residents of a school district or 10% of
the residents, whichever is less, alleging that any pupil
has been excluded from or segregated in any school on account of his or
her color, race, nationality, sex, religion or religious affiliation, or that
any employee of
or applicant for employment or assignment with any such school district
has been questioned concerning his or her color, race, nationality, sex,
religion or religious affiliation or subjected to discrimination by reason thereof,
by or on behalf of the school board of such district, the State Board of
Education shall promptly mail a copy of such complaint to
the secretary or clerk of such school board.
The State Board of Education
shall fix a date, not less than 20 nor more than 30 days from the date of
the filing of such complaint, for a hearing upon the allegations therein.
The State Board of Education may also fix a date for a hearing whenever
it has reason to believe that such discrimination may exist in any school
district. Reasonable notice of the time and place of such hearing shall
be mailed to the secretary or
clerk of the school board and to the first signatory
to such complaint.
The State Board of Education may designate an assistant to conduct such
hearing and receive testimony concerning the situation complained of. The
complainants may be represented at such hearing by one of their number or
by counsel. Each party shall have the privilege of cross examining witnesses.
The State Board of Education or the hearing officer appointed by it shall
have the power to subpoena witnesses, compel their attendance, and require
the production of
evidence relating to any relevant matter under this Act. Any circuit
court of this State, upon the application of the
State Board of Education or the hearing officer appointed by
it, may, in its or his or her discretion, compel the attendance of witnesses,
the production of books, papers, records or memoranda and the giving of
testimony before the State Board of Education or the hearing
officer appointed by it conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court. The State Board of Education or the
hearing officer appointed by it may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records or memoranda. All testimony shall be taken under oath
administered by the hearing officer, but the formal rules pertaining to
evidence in judicial proceedings shall not apply. The State Board of Education
shall provide a competent reporter to record
all testimony. Either party desiring a transcript of the hearing shall
pay for the cost of such transcript. A continuance may be granted
provided both parties agree. The hearing officer shall report a summary
of the testimony within 60 days after the hearing commences, unless a
continuance is granted, to the State Board of Education who
shall determine whether the allegations of the complaint are
substantially correct. If a continuance is granted, the summary of
testimony shall be reported to the State Board of Education
within 60 days after the hearing recommences. The State Board of Education
shall notify both parties of its decision within 30
days after it receives a summary of the testimony from the hearing
officer. If the State Board of Education determines that a violation exists,
it shall request the Attorney General to apply to the appropriate circuit
court for such injunctive or other relief as may be necessary to rectify the practice
complained of.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted
pursuant thereto shall apply to and govern all proceedings for the
judicial review of any final decision rendered by the State Board of Education
pursuant to this Section.
(Source: P.A. 84-126.)
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105 ILCS 5/22-20
(105 ILCS 5/22-20) (from Ch. 122, par. 22-20)
Sec. 22-20.
All courts and law enforcement agencies of the State of
Illinois and its political subdivisions shall report to the principal of
any public school in this State whenever a child enrolled therein is
detained for proceedings under the Juvenile Court Act of 1987, as heretofore
and hereafter amended, or for any criminal offense, including illegal gang activity, or any violation of a
municipal or county ordinance. The report shall include the basis for
detaining the child, circumstances surrounding the events which led to the
child's detention, and status of proceedings. The report shall be updated as
appropriate to notify the principal of developments and the disposition of the
matter.
The information derived thereby shall be kept separate from and shall
not become a part of the official school record of such child and shall not
be a public record. Such information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation
of the child and to protect the safety of students and employees in the
school.
(Source: P.A. 97-1104, eff. 1-1-13; 98-59, eff. 1-1-14.)
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