Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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SCHOOLS105 ILCS 5/26-18
(105 ILCS 5/) School Code.
(105 ILCS 5/26-18)
Chronic absenteeism report and support.
(a) As used in this Section:
"Chronic absence" means absences that total 10% or more of school days of the most recent academic school year, including absences with and without valid cause, as defined in Section 26-2a of this Code, and out-of-school suspensions for an enrolled student.
"Student" means any enrolled student that is subject to compulsory attendance under Section 26-1 of this Code but does not mean a student for whom a documented homebound or hospital record is on file during the student's absence from school.
(b) The General Assembly finds that:
(1) The early years are a critical period in
children's learning and development. Every child should be counted present every day. Every day of school matters.
(2) Being absent too many days from school can make
it difficult for students to stay on-track academically and maintain the momentum to graduate from high school in order to be college- or career-ready.
(3) Every day of school attendance matters for all
students and their families. It is crucial, therefore, that the implications of chronic absence be understood and reviewed regularly.
(c) Beginning July 1, 2018, every school district, charter school, or alternative school or any school receiving public funds shall collect and review its chronic absence data and determine what systems of support and resources are needed to engage chronically absent students and their families to encourage the habit of daily attendance and promote success. The review shall include an analysis of chronic absence data from each attendance center or campus of the school district, charter school, or alternative school or other school receiving public funds.
(d) School districts, charter schools, or alternative schools or any school receiving public funds are encouraged to provide a system of support to students who are at risk of reaching or exceeding chronic absence levels with strategies such as those available through the Illinois Multi-tiered Systems of Support Network. Schools additionally are encouraged to make resources available to families such as those available through the State Board of Education's Family Engagement Framework to support and engage students and their families to encourage heightened school engagement and improved daily school attendance.
(Source: P.A. 100-156, eff. 1-1-18
105 ILCS 5/26-19
(105 ILCS 5/26-19)
Chronic absenteeism in preschool children.
(a) In this Section, "chronic absence" has the meaning ascribed to that term in Section 26-18 of this Code.
(b) The General Assembly makes all of the following findings:
(1) The early years are an extremely important period
in a child's learning and development.
(2) Missed learning opportunities in the early years
make it difficult for a child to enter kindergarten ready for success.
(3) Attendance patterns in the early years serve as
predictors of chronic absenteeism and reduced educational outcomes in later school years. Therefore, it is crucial that the implications of chronic absence be understood and reviewed regularly in all publicly funded early childhood programs receiving State funds under Section 2-3.71 of this Code.
(c) Beginning July 1, 2019, any publicly funded early childhood program receiving State funds under Section 2-3.71 of this Code shall collect and review its chronic absence data and determine what support and resources are needed to positively engage chronically absent students and their families to encourage the habit of daily attendance and promote success.
(d) Publicly funded early childhood programs receiving State funds under Section 2-3.71 of this Code are encouraged to do all of the following:
(1) Provide support to students who are at risk of
reaching or exceeding chronic absence levels.
(2) Make resources available to families, such as
those available through the State Board of Education's Family Engagement Framework, to support and encourage families to ensure their children's daily program attendance.
(3) Include information about chronic absenteeism as
part of their preschool to kindergarten transition resources.
(e) On or before July 1, 2020, and annually thereafter, an early childhood program shall report all data collected under subsection (c) of this Section to the State Board of Education, which shall make the report publicly available via the Illinois Early Childhood Asset Map Internet website and the Preschool for All Program or Preschool for All Expansion Program triennial report.
(Source: P.A. 100-819, eff. 7-1-19
105 ILCS 5/Art. 27
(105 ILCS 5/Art. 27 heading)
COURSES OF STUDY--SPECIAL INSTRUCTION
105 ILCS 5/27-1
(105 ILCS 5/27-1)
(from Ch. 122, par. 27-1)
Areas of education taught - discrimination
on account of sex. The State of Illinois, having the responsibility of
defining requirements for elementary and secondary education, establishes
that the primary purpose of schooling is the transmission of knowledge and
culture through which children learn in areas necessary to their continuing
development and entry into the world of work. Such areas include the language
arts, mathematics, the biological, physical and social sciences, the fine
arts and physical development and health.
Each school district shall give priority in the allocation of resources,
including funds, time allocation, personnel, and facilities, to fulfilling
the primary purpose of schooling.
The State Board of Education shall establish goals and learning standards consistent with the
above purposes and define the knowledge and skills which the State expects
students to master and apply as a consequence of their education.
Each school district shall establish learning objectives consistent with
the State Board of Education's goals and learning standards for the areas referred to in this Section, shall develop appropriate testing and
assessment systems for determining the degree to which students are
achieving the objectives, and shall develop reporting systems to apprise the
community and State of the assessment results.
Each school district shall make available to all
students academic and vocational courses for the attainment of learning
No student shall be refused admission into or be excluded from any
course of instruction offered in the common schools by reason of that
person's sex. No student shall, solely by reason of that person's sex,
be denied equal access to physical education and interscholastic
athletic programs or comparable programs supported from school district
funds. This Section is violated when a high school subject to this Act
participates in the post-season basketball tournament of any organization
or association that does not conduct post-season high school basketball
tournaments for both boys and girls, which tournaments are identically
structured. Conducting identically structured tournaments includes having
the same number of girls' teams as boys' teams playing, in their respective
tournaments, at any common location chosen for the final series of games in
a tournament; provided, that nothing in this paragraph shall be deemed to
prohibit the selection for the final series of games in the girls'
tournaments of a common location that is different than the common location
selected for the final series of games in the boys' tournaments. Except
as specifically stated in this Section, equal access
to programs supported by school district funds and comparable programs will
be defined in rules promulgated by the State Board of Education in
consultation with the Illinois High School Association.
(Source: P.A. 94-875, eff. 7-1-06.)
105 ILCS 5/27-1.5
(105 ILCS 5/27-1.5)
(Source: P.A. 96-1374, eff. 7-29-10. Repealed internally, eff. 7-1-12.)
105 ILCS 5/27-2
(105 ILCS 5/27-2)
(from Ch. 122, par. 27-2)
Instruction in English language.
Instruction in all public
elementary and secondary
schools of the State shall be in the English language except in
second language programs and except in conjunction with programs which
the school board may provide, with the
approval of the State Board of Education pursuant to Article 14C, in a
language other than English for children whose first language is other than
(Source: P.A. 85-1389.)
105 ILCS 5/27-3
(105 ILCS 5/27-3)
(from Ch. 122, par. 27-3)
Patriotism and principles of representative
government - Proper use of flag - Method of voting - Pledge of Allegiance.
American patriotism and the principles of representative government,
as enunciated in the American Declaration of Independence, the
Constitution of the United States of America and the Constitution of the
State of Illinois, and the proper use and display of the American flag,
shall be taught in all public schools and other educational institutions
supported or maintained in whole or in part by public funds. No student
shall receive a certificate of graduation without passing a satisfactory
examination upon such subjects.
Instruction shall be given in all such schools and institutions in
the method of voting at elections by means of the Australian Ballot
system and the method of the counting of votes for candidates.
The Pledge of Allegiance shall be recited each school day by pupils in
elementary and secondary educational institutions supported or maintained
in whole or
in part by public funds.
(Source: P.A. 92-612, eff. 7-3-02.)
105 ILCS 5/27-3.5
(105 ILCS 5/27-3.5)
Congressional Medal of Honor film.
Each school district shall require that all students in grade 7 and all high school students enrolled in a course concerning history of the United States or a combination of history of the United States and American government view a Congressional Medal of Honor film made by the Congressional Medal of Honor Foundation. This requirement does not apply if the Congressional Medal of Honor Foundation charges the school district a fee for a film.
(Source: P.A. 96-99, eff. 7-27-09.)
105 ILCS 5/27-3.10
(105 ILCS 5/27-3.10)
(This Section may contain text from a Public Act with a delayed effective date
Elementary school civics course of study.
In addition to the instruction required to be provided under Section 27-3 of this Code, every public elementary school shall include in its 6th, 7th, or 8th grade curriculum, beginning with the 2020-2021 school year, at least one semester of civics education, which shall help young people acquire and learn to use the skills, knowledge, and attitudes that will prepare them to be competent and responsible citizens throughout their lives. Civics education course content shall focus on government institutions, the discussion of current and societal issues, service learning, and simulations of the democratic process. Civics education in 6th, 7th, or 8th grade shall be in accordance with Illinois Learning Standards for social science. Additionally, school districts may consult with civics education stakeholders, deemed appropriate by the State Board of Education, with regard to civics education curriculum for 6th, 7th, or 8th grade. School districts may utilize private funding available for the purposes of offering civics education.
(Source: P.A. 101-254, eff. 7-1-20.)
105 ILCS 5/27-4
(105 ILCS 5/27-4)
(from Ch. 122, par. 27-4)
devoted to subjects mentioned in Section 27-3. Not less than one hour of
each school week shall be devoted to the study of the subject mentioned in
Section 27-3 in the seventh and eighth grades or their equivalent, and not
less than one hour of each school week to the advanced study thereof in all
high school grades, in the public schools and other institutions mentioned
in such Section.
This Section does not prevent the study of such subjects in any of the
lower grades in such schools or institutions.
(Source: Laws 1961, p. 31.)
105 ILCS 5/27-5
(105 ILCS 5/27-5)
(from Ch. 122, par. 27-5)
Physical education and training.
School boards of public schools and the Board of Governors of State
Colleges and Universities shall provide for the physical education and
training of pupils of the schools and laboratory schools under their
respective control, and shall include physical education and training in
the courses of study regularly taught therein. The physical education
and training course offered in grades 5 through 10 may include
education course required in the Critical Health Problems and
Health Education Act.
(Source: P.A. 89-618, eff. 8-9-96.)
105 ILCS 5/27-6
(105 ILCS 5/27-6)
(from Ch. 122, par. 27-6)
Courses in physical education required; special activities.
(a) Pupils enrolled in the public schools and State universities engaged in
preparing teachers shall be required to engage
during the school day, except on block scheduled days for those public schools engaged in block scheduling, in courses of physical education for such
periods as are
compatible with the optimum growth and developmental needs of
individuals at the various age levels except when appropriate excuses
are submitted to the school by a pupil's parent or guardian or by a person
licensed under the Medical Practice Act of 1987 and except as provided in
subsection (b) of this Section. A school board may determine the schedule or frequency of physical education courses, provided that a pupil engages in a course of physical education for a minimum of 3 days per 5-day week.
Special activities in physical education shall be provided for pupils
whose physical or emotional condition, as determined by a person licensed
under the Medical Practice Act of 1987, prevents their participation in the
courses provided for normal children.
(b) A school board is authorized to excuse pupils enrolled
in grades 11 and 12 from engaging in physical education courses if those
pupils request to be excused for any of the following reasons: (1) for
ongoing participation in an interscholastic
athletic program; (2) to enroll in academic classes which are required for
admission to an institution of higher learning, provided that failure to
take such classes will result in the pupil being denied admission to the
institution of his or her choice; or (3) to enroll in academic classes
which are required for graduation from high school, provided that failure to
take such classes will result in the pupil being unable to graduate. A school
board may also excuse pupils in grades 9 through 12 enrolled in a marching band
program for credit from engaging in physical education courses if those pupils
request to be excused for ongoing participation in such marching band
program. A school board may also, on a case-by-case basis, excuse pupils in grades 7 through 12 who participate in an interscholastic or extracurricular athletic program from engaging in physical education courses. In addition, a pupil
in any of grades 3 through 12 who is eligible for special education may be excused if the pupil's parent or guardian agrees that the pupil
must utilize the time set aside for physical education to receive special education support and services or, if there is no agreement, the individualized education program team for the pupil determines that the pupil must utilize the time set aside for physical education to receive special education support and services, which agreement or determination must be made a part of the individualized education program. However, a pupil requiring adapted physical education must receive that service in accordance with the individualized education program developed for the pupil. If requested, a school board is authorized to excuse a pupil from engaging in a physical education course if the pupil has an individualized educational program under Article 14 of this Code, is participating in an adaptive athletic program outside of the school setting, and documents such participation as determined by the school board. A school board may also excuse pupils in grades 9 through 12 enrolled
in a Reserve Officer's Training Corps (ROTC) program sponsored by the school
district from engaging in physical education courses.
School boards which choose to exercise this authority shall establish a policy
to excuse pupils on an individual basis.
(c) The provisions of this Section are subject to the provisions of
(Source: P.A. 100-465, eff. 8-31-17.)
105 ILCS 5/27-6.5
(105 ILCS 5/27-6.5)
Physical fitness assessments in schools.
(a) As used in this Section, "physical fitness assessment" means a series of assessments to measure aerobic capacity, body composition, muscular strength, muscular endurance, and flexibility.
(b) To measure the effectiveness of State Goal 20 of the Illinois Learning Standards for Physical Development and Health, beginning with the 2016-2017 school year and every school year thereafter, the State Board of Education shall require all public schools to use a scientifically-based, health-related physical fitness assessment for grades 3 through 12 and periodically report fitness information to the State Board of Education, as set forth in subsections (c) and (e) of this Section, to assess student fitness indicators.
Public schools shall integrate health-related fitness testing into the curriculum as an instructional tool, except in grades before the 3rd grade. Fitness tests must be appropriate to students' developmental levels and physical abilities. The testing must be used to teach students how to assess their fitness levels, set goals for improvement, and monitor progress in reaching their goals. Fitness scores shall not be used for grading students or evaluating teachers.
(c) On or before October 1, 2014, the State Superintendent of Education shall appoint a 15-member stakeholder and expert task force, including members representing organizations that represent physical education teachers, school officials, principals, health promotion and disease prevention advocates and experts, school health advocates and experts, and other experts with operational and academic expertise in the measurement of fitness. The task force shall make recommendations to the State Board of Education on the following:
(1) methods for ensuring the validity and uniformity
of reported physical fitness assessment scores, including assessment administration protocols and professional development approaches for physical education teachers;
(2) how often physical fitness assessment scores
should be reported to the State Board of Education;
(3) the grade levels within elementary, middle, and
high school categories for which physical fitness assessment scores should be reported to the State Board of Education;
(4) the minimum fitness indicators that should be
reported to the State Board of Education, including, but not limited to, a score for aerobic capacity (for grades 4 through 12); muscular strength; endurance; and flexibility;
(5) the demographic information that should accompany
the scores, including, but not limited to, grade and gender;
(6) the development of protocols regarding the
protection of students' confidentiality and individual information and identifiers; and
(7) how physical fitness assessment data should be
reported by the State Board of Education to the public, including potential correlations with student academic achievement, attendance, and discipline data and other recommended uses of the reported data.
The State Board of Education shall provide administrative and other support to the task force.
The task force shall submit its recommendations on physical fitness assessments on or before April 1, 2015. The task force may also recommend methods for assessing student progress on State Goals 19 and 21 through 24 of the Illinois Learning Standards for Physical Development and Health. The task force is dissolved on April 30, 2015.
The provisions of this subsection (c), other than this sentence, are inoperative after March 31, 2016.
(d) On or before December 31, 2015, the State Board of Education shall use the recommendations of the task force under subsection (c) of this Section to adopt rules for the implementation of physical fitness assessments by each public school for the 2016-2017 school year and every school year thereafter.
(e) On or before September 1, 2016, the State Board of Education shall adopt rules for data submission by school districts and develop a system for collecting and reporting the aggregated fitness information from the physical fitness assessments. This system shall also support the collection of data from school districts that use a fitness testing software program.
(f) School districts may report the aggregate findings of physical fitness assessments by grade level and school to parents and members of the community through typical communication channels, such as Internet websites, school newsletters, school board reports, and presentations. Districts may also provide individual fitness assessment reports to students' parents.
(g) Nothing in this Section precludes schools from implementing a physical fitness assessment before the 2016-2017 school year or from implementing more robust forms of a physical fitness assessment.
(Source: P.A. 98-859, eff. 8-4-14.)
105 ILCS 5/27-7
(105 ILCS 5/27-7)
(from Ch. 122, par. 27-7)
Physical education course of study.
A physical education course of study shall include a developmentally planned and sequential curriculum that fosters the development of movement skills, enhances health-related fitness, increases students' knowledge, offers direct opportunities to learn how to work cooperatively in a group setting, and encourages healthy habits and attitudes for a healthy lifestyle. A physical education course of study shall provide students with an opportunity for an appropriate amount of physical activity. A physical education course of study must be part of the regular school curriculum and not extra-curricular in nature or organization.
The State Board of Education
shall prepare and make
available guidelines for the various grades and types of schools in
order to make effective the purposes set forth in this Section and the
requirements provided in Section 27-6, and shall see that the general
provisions and intent of Sections 27-5 to 27-9, inclusive, are
(Source: P.A. 100-465, eff. 8-31-17.)
105 ILCS 5/27-8.1
(105 ILCS 5/27-8.1)
(from Ch. 122, par. 27-8.1)
Health examinations and immunizations.
(1) In compliance with rules and regulations which the Department of Public
Health shall promulgate, and except as hereinafter provided, all children in
Illinois shall have a health examination as follows: within one year prior to
entering kindergarten or the first grade of any public, private, or parochial
elementary school; upon entering the sixth and ninth grades of any public,
private, or parochial school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade, immediately prior to or
upon entrance into any public, private, or parochial school or nursery school,
each child shall present proof of having been examined in accordance with this
Section and the rules and regulations promulgated hereunder. Any child who received a health examination within one year prior to entering the fifth grade for the 2007-2008 school year is not required to receive an additional health examination in order to comply with the provisions of Public Act 95-422 when he or she attends school for the 2008-2009 school year, unless the child is attending school for the first time as provided in this paragraph.
A tuberculosis skin test screening shall be included as a required part of
each health examination included under this Section if the child resides in an
area designated by the Department of Public Health as having a high incidence
of tuberculosis. Additional health examinations of pupils, including eye examinations, may be required when deemed necessary by school
authorities. Parents are encouraged to have their children undergo eye examinations at the same points in time required for health
(1.5) In compliance with rules adopted by the Department of Public Health and except as otherwise provided in this Section, all children in kindergarten and the second, sixth, and ninth grades of any public, private, or parochial school shall have a dental examination. Each of these children shall present proof of having been examined by a dentist in accordance with this Section and rules adopted under this Section before May 15th of the school year. If a child in the second, sixth, or ninth grade fails to present proof by May 15th, the school may hold the child's report card until one of the following occurs: (i) the child presents proof of a completed dental examination or (ii) the child presents proof that a dental examination will take place within 60 days after May 15th. The Department of Public Health shall establish, by rule, a waiver for children who show an undue burden or a lack of access to a dentist. Each public, private, and parochial school must give notice of this dental examination requirement to the parents and guardians of students at least 60 days before May 15th of each school year.
(1.10) Except as otherwise provided in this Section, all children enrolling in kindergarten in a public, private, or parochial school on or after January 1, 2008 (the effective date of Public Act 95-671) and any student enrolling for the first time in a public, private, or parochial school on or after January 1, 2008 (the effective date of Public Act 95-671) shall have an eye examination. Each of these children shall present proof of having been examined by a physician licensed to practice medicine in all of its branches or a licensed optometrist within the previous year, in accordance with this Section and rules adopted under this Section, before October 15th of the school year. If the child fails to present proof by October 15th, the school may hold the child's report card until one of the following occurs: (i) the child presents proof of a completed eye examination or (ii) the child presents proof that an eye examination will take place within 60 days after October 15th. The Department of Public Health shall establish, by rule, a waiver for children who show an undue burden or a lack of access to a physician licensed to practice medicine in all of its branches who provides eye examinations or to a licensed optometrist. Each public, private, and parochial school must give notice of this eye examination requirement to the parents and guardians of students in compliance with rules of the Department of Public Health. Nothing in this Section shall be construed to allow a school to exclude a child from attending because of a parent's or guardian's failure to obtain an eye examination for the child.
(2) The Department of Public Health shall promulgate rules and regulations
specifying the examinations and procedures that constitute a health examination, which shall include an age-appropriate developmental screening, an age-appropriate social and emotional screening, and the collection of data relating to asthma and obesity
(including at a minimum, date of birth, gender, height, weight, blood pressure, and date of exam),
and a dental examination and may recommend by rule that certain additional examinations be performed.
The rules and regulations of the Department of Public Health shall specify that
a tuberculosis skin test screening shall be included as a required part of each
health examination included under this Section if the child resides in an area
designated by the Department of Public Health as having a high incidence of
With respect to the developmental screening and the social and emotional screening, the Department of Public Health must, no later than January 1, 2019, develop rules and appropriate revisions to the Child Health Examination form in conjunction with a statewide organization representing school boards; a statewide organization representing pediatricians; statewide organizations representing individuals holding Illinois educator licenses with school support personnel endorsements, including school social workers, school psychologists, and school nurses; a statewide organization representing children's mental health experts; a statewide organization representing school principals; the Director of Healthcare and Family Services or his or her designee, the State Superintendent of Education or his or her designee; and representatives of other appropriate State agencies and, at a minimum, must recommend the use of validated screening tools appropriate to the child's age or grade, and, with regard to the social and emotional screening, require recording only whether or not the screening was completed. The rules shall take into consideration the screening recommendations of the American Academy of Pediatrics and must be consistent with the State Board of Education's social and emotional learning standards. The Department of Public Health shall specify that a diabetes
screening as defined by rule shall be included as a required part of each
Diabetes testing is not required.
Physicians licensed to practice medicine in all of its branches, licensed advanced
practice registered nurses, or licensed physician assistants shall be
responsible for the performance of the health examinations, other than dental
examinations, eye examinations, and vision and hearing screening, and shall sign all report forms
required by subsection (4) of this Section that pertain to those portions of
the health examination for which the physician, advanced practice registered nurse, or
physician assistant is responsible.
If a registered
nurse performs any part of a health examination, then a physician licensed to
practice medicine in all of its branches must review and sign all required
report forms. Licensed dentists shall perform all dental examinations and
shall sign all report forms required by subsection (4) of this Section that
pertain to the dental examinations. Physicians licensed to practice medicine
in all its branches or licensed optometrists shall perform all eye examinations
required by this Section and shall sign all report forms required by
subsection (4) of this Section that pertain to the eye examination. For purposes of this Section, an eye examination shall at a minimum include history, visual acuity, subjective refraction to best visual acuity near and far, internal and external examination, and a glaucoma evaluation, as well as any other tests or observations that in the professional judgment of the doctor are necessary. Vision and
hearing screening tests, which shall not be considered examinations as that
term is used in this Section, shall be conducted in accordance with rules and
regulations of the Department of Public Health, and by individuals whom the
Department of Public Health has certified.
In these rules and regulations, the Department of Public Health shall
require that individuals conducting vision screening tests give a child's
parent or guardian written notification, before the vision screening is
conducted, that states, "Vision screening is not a substitute for a
complete eye and vision evaluation by an eye doctor. Your child is not
required to undergo this vision screening if an optometrist or
ophthalmologist has completed and signed a report form indicating that
an examination has been administered within the previous 12 months.".
(2.5) With respect to the developmental screening and the social and emotional screening portion of the health examination, each child may present proof of having been screened in accordance with this Section and the rules adopted under this Section before October 15th of the school year. With regard to the social and emotional screening only, the examining health care provider shall only record whether or not the screening was completed. If the child fails to present proof of the developmental screening or the social and emotional screening portions of the health examination by October 15th of the school year, qualified school support personnel may, with a parent's or guardian's consent, offer the developmental screening or the social and emotional screening to the child. Each public, private, and parochial school must give notice of the developmental screening and social and emotional screening requirements to the parents and guardians of students in compliance with the rules of the Department of Public Health. Nothing in this Section shall be construed to allow a school to exclude a child from attending because of a parent's or guardian's failure to obtain a developmental screening or a social and emotional screening for the child. Once a developmental screening or a social and emotional screening is completed and proof has been presented to the school, the school may, with a parent's or guardian's consent, make available appropriate school personnel to work with the parent or guardian, the child, and the provider who signed the screening form to obtain any appropriate evaluations and services as indicated on the form and in other information and documentation provided by the parents, guardians, or provider.
(3) Every child shall, at or about the same time as he or she receives
a health examination required by subsection (1) of this Section, present
to the local school proof of having received such immunizations against
preventable communicable diseases as the Department of Public Health shall
require by rules and regulations promulgated pursuant to this Section and the
Communicable Disease Prevention Act.
(4) The individuals conducting the health examination,
dental examination, or eye examination shall record the
fact of having conducted the examination, and such additional information as
required, including for a health examination
data relating to asthma and obesity
(including at a minimum, date of birth, gender, height, weight, blood pressure, and date of exam), on uniform forms which the Department of Public Health and the State
Board of Education shall prescribe for statewide use. The examiner shall
summarize on the report form any condition that he or she suspects indicates a
need for special services, including for a health examination factors relating to asthma or obesity. The duty to summarize on the report form does not apply to social and emotional screenings. The confidentiality of the information and records relating to the developmental screening and the social and emotional screening shall be determined by the statutes, rules, and professional ethics governing the type of provider conducting the screening. The individuals confirming the administration of
required immunizations shall record as indicated on the form that the
immunizations were administered.
(5) If a child does not submit proof of having had either the health
examination or the immunization as required, then the child shall be examined
or receive the immunization, as the case may be, and present proof by October
15 of the current school year, or by an earlier date of the current school year
established by a school district. To establish a date before October 15 of the
current school year for the health examination or immunization as required, a
school district must give notice of the requirements of this Section 60 days
prior to the earlier established date. If for medical reasons one or more of
the required immunizations must be given after October 15 of the current school
year, or after an earlier established date of the current school year, then
the child shall present, by October 15, or by the earlier established date, a
schedule for the administration of the immunizations and a statement of the
medical reasons causing the delay, both the schedule and the statement being
issued by the physician, advanced practice registered nurse, physician assistant,
registered nurse, or local health department that will
be responsible for administration of the remaining required immunizations. If
a child does not comply by October 15, or by the earlier established date of
the current school year, with the requirements of this subsection, then the
local school authority shall exclude that child from school until such time as
the child presents proof of having had the health examination as required and
presents proof of having received those required immunizations which are
medically possible to receive immediately. During a child's exclusion from
school for noncompliance with this subsection, the child's parents or legal
guardian shall be considered in violation of Section 26-1 and subject to any
penalty imposed by Section 26-10. This subsection (5) does not apply to dental examinations, eye examinations, and the developmental screening and the social and emotional screening portions of the health examination. If the student is an out-of-state transfer student and does not have the proof required under this subsection (5) before October 15 of the current year or whatever date is set by the school district, then he or she may only attend classes (i) if he or she has proof that an appointment for the required vaccinations has been scheduled with a party authorized to submit proof of the required vaccinations. If the proof of vaccination required under this subsection (5) is not submitted within 30 days after the student is permitted to attend classes, then the student is not to be permitted to attend classes until proof of the vaccinations has been properly submitted. No school district or employee of a school district shall be held liable for any injury or illness to another person that results from admitting an out-of-state transfer student to class that has an appointment scheduled pursuant to this subsection (5).
(6) Every school shall report to the State Board of Education by November
15, in the manner which that agency shall require, the number of children who
have received the necessary immunizations and the health examination (other than a dental examination or eye examination) as
required, indicating, of those who have not received the immunizations and
examination as required, the number of children who are exempt from health
examination and immunization requirements on religious or medical grounds as
provided in subsection (8). On or before December 1 of each year, every public school district and registered nonpublic school shall make publicly available the immunization data they are required to submit to the State Board of Education by November 15. The immunization data made publicly available must be identical to the data the school district or school has reported to the State Board of Education.
Every school shall report to the State Board of Education by June 30, in the manner that the State Board requires, the number of children who have received the required dental examination, indicating, of those who have not received the required dental examination, the number of children who are exempt from the dental examination on religious grounds as provided in subsection (8) of this Section and the number of children who have received a waiver under subsection (1.5) of this Section.
Every school shall report to the State Board of Education by June 30, in the manner that the State Board requires, the number of children who have received the required eye examination, indicating, of those who have not received the required eye examination, the number of children who are exempt from the eye examination as provided in subsection (8) of this Section, the number of children who have received a waiver under subsection (1.10) of this Section, and the total number of children in noncompliance with the eye examination requirement.
The reported information under this subsection (6) shall be provided to the
Department of Public Health by the State Board of Education.
(7) Upon determining that the number of pupils who are required to be in
compliance with subsection (5) of this Section is below 90% of the number of
pupils enrolled in the school district, 10% of each State aid payment made
pursuant to Section 18-8.05 or 18-8.15 to the school district for such year may be withheld
by the State Board of Education until the number of students in compliance with
subsection (5) is the applicable specified percentage or higher.
(8) Children of parents or legal guardians who object to health, dental, or eye examinations or any part thereof, to immunizations, or to vision and hearing screening tests on religious grounds shall not be required to undergo the examinations, tests, or immunizations to which they so object if such parents or legal guardians present to the appropriate local school authority a signed Certificate of Religious Exemption detailing the grounds for objection and the specific immunizations, tests, or examinations to which they object. The grounds for objection must set forth the specific religious belief that conflicts with the examination, test, immunization, or other medical intervention. The signed certificate shall also reflect the parent's or legal guardian's understanding of the school's exclusion policies in the case of a vaccine-preventable disease outbreak or exposure. The certificate must also be signed by the authorized examining health care provider responsible for the performance of the child's health examination confirming that the provider provided education to the parent or legal guardian on the benefits of immunization and the health risks to the student and to the community of the communicable diseases for which immunization is required in this State. However, the health care provider's signature on the certificate reflects only that education was provided and does not allow a health care provider grounds to determine a religious exemption. Those receiving immunizations required under this Code shall be provided with the relevant vaccine information statements that are required to be disseminated by the federal National Childhood Vaccine Injury Act of 1986, which may contain information on circumstances when a vaccine should not be administered, prior to administering a vaccine. A healthcare provider may consider including without limitation the nationally accepted recommendations from federal agencies such as the Advisory Committee on Immunization Practices, the information outlined in the relevant vaccine information statement, and vaccine package inserts, along with the healthcare provider's clinical judgment, to determine whether any child may be more susceptible to experiencing an adverse vaccine reaction than the general population, and, if so, the healthcare provider may exempt the child from an immunization or adopt an individualized immunization schedule. The Certificate of Religious Exemption shall be created by the Department of Public Health and shall be made available and used by parents and legal guardians by the beginning of the 2015-2016 school year. Parents or legal guardians must submit the Certificate of Religious Exemption to their local school authority prior to entering kindergarten, sixth grade, and ninth grade for each child for which they are requesting an exemption. The religious objection stated need not be directed by the tenets of an established religious organization. However, general philosophical or moral reluctance to allow physical examinations, eye examinations, immunizations, vision and hearing screenings, or dental examinations does not provide a sufficient basis for an exception to statutory requirements. The local school authority is responsible for determining if
the content of the Certificate of Religious Exemption
constitutes a valid religious objection.
The local school authority shall inform the parent or legal guardian of exclusion procedures, in accordance with the Department's rules under Part 690 of Title 77 of the Illinois Administrative Code, at the time the objection is presented.
If the physical condition
of the child is such that any one or more of the immunizing agents should not
be administered, the examining physician, advanced practice registered nurse, or
physician assistant responsible for the performance of the
health examination shall endorse that fact upon the health examination form.
Exempting a child from the health,
dental, or eye examination does not exempt the child from
participation in the program of physical education training provided in
Sections 27-5 through 27-7 of this Code.
(8.5) The school board of a school district shall include informational materials regarding influenza and influenza vaccinations and meningococcal disease and meningococcal vaccinations developed, provided, or approved by the Department of Public Health under Section 2310-700 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois when the board provides information on immunizations, infectious diseases, medications, or other school health issues to the parents or guardians of students.
(9) For the purposes of this Section, "nursery schools" means those nursery
schools operated by elementary school systems or secondary level school units
or institutions of higher learning.
(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff. 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81, eff. 7-12-19.)
105 ILCS 5/27-9
(105 ILCS 5/27-9)
(from Ch. 122, par. 27-9)
Training teachers to teach physical education.
The curriculum in all elementary educator preparation programs approved by the State Educator Preparation and Licensure Board shall contain instruction in
methods and materials of physical education and training for teachers. No teacher candidate
shall be graduated from such an educator preparation program who has not successfully completed instruction in methods and materials
in the teaching of physical education and training, whether by way of a specific course or as incorporated in existing courses taught in the educator preparation program.
(Source: P.A. 99-58, eff. 7-16-15.)
105 ILCS 5/27-9.1
(105 ILCS 5/27-9.1)
(from Ch. 122, par. 27-9.1)
(a) In this Section:
"Adapt" means to modify an evidence-based program model
for use with a particular demographic, ethnic, linguistic, or
"Age appropriate" means suitable to particular ages or age
groups of children and adolescents, based on the developing
cognitive, emotional, and behavioral capacity typical for the
age or age group.
"Evidence-based program" means a program for which
systematic, empirical research or evaluation has provided
evidence of effectiveness.
"Medically accurate" means verified or supported by the
weight of research conducted in compliance with accepted
scientific methods and published in peer-reviewed journals,
if applicable, or comprising information recognized as accurate, objective, and complete.
(a-5) No pupil shall be required to take or participate in any class or course
in comprehensive sex education if his parent or guardian submits written
objection thereto, and refusal to take or participate in such course or
program shall not be reason for suspension or expulsion of such pupil.
Each class or course in comprehensive sex education offered in any of
grades 6 through 12 shall include instruction on both abstinence and contraception for the prevention of pregnancy and sexually transmitted diseases, including HIV/AIDS.
Nothing in this Section prohibits instruction in sanitation, hygiene or
traditional courses in biology.
(b) All public school
classes that teach sex education and discuss sexual intercourse in grades 6 through 12 shall
emphasize that abstinence from
sexual intercourse is a responsible and positive decision and is the only
protection that is 100% effective against unwanted teenage pregnancy,
sexually transmitted diseases, and acquired immune deficiency syndrome
(AIDS) when transmitted sexually.
(c) All classes that teach sex education and discuss sexual intercourse in grades 6 through 12 shall
satisfy the following criteria:
(1) Course material and instruction shall be
developmentally and age appropriate, medically accurate, and complete.
(1.5) Course material and instruction shall replicate
evidence-based programs or substantially incorporate elements of evidence-based programs.
(2) Course material and instruction shall teach honor
and respect for monogamous heterosexual marriage.
(3) Course material and instruction shall place
substantial emphasis on both abstinence, including abstinence until marriage, and contraception for the prevention of pregnancy and sexually transmitted diseases among youth and shall stress that abstinence is the ensured method of avoiding unintended pregnancy, sexually transmitted diseases, and HIV/AIDS.
(4) Course material and instruction shall include a
discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual intercourse and the consequences of unwanted adolescent pregnancy.
(5) Course material and instruction shall stress that
sexually transmitted diseases are serious possible hazards of sexual intercourse. Pupils shall be provided with statistics based on the latest medical information citing the failure and success rates of condoms in preventing AIDS and other sexually transmitted diseases.
(6) Course material and instruction shall advise
pupils of the laws pertaining to their financial responsibility to children born in and out of wedlock.
(7) Course material and instruction shall advise
pupils of the circumstances under which it is unlawful for a person to have sexual relations with an individual who is under the age of 17 and for a person who is in a position of trust, authority, or supervision to have sexual relations with an individual who is under the age of 18 pursuant to Article 11 of the Criminal Code of 2012.
(8) Course material and instruction shall teach
pupils to not make unwanted physical and verbal sexual advances and how to say no to unwanted sexual advances. Pupils shall be taught that it is wrong to take advantage of or to exploit another person. The material and instruction shall also encourage youth to resist negative peer pressure. The material and instruction shall include discussion on what may be considered sexual harassment or sexual assault.
(10) Course material and instruction shall teach
pupils about the dangers associated with drug and alcohol consumption during pregnancy.
(11) Course material and instruction must include an
age-appropriate discussion on the meaning of consent that includes discussion on recognizing all of the following:
(A) That consent is a freely given agreement to
(B) That consent to one particular sexual
activity does not constitute consent to other types of sexual activities.
(C) That a person's lack of verbal or physical
resistance or submission resulting from the use or threat of force does not constitute consent.
(D) That a person's manner of dress does not
(E) That a person's consent to past sexual
activity does not constitute consent to future sexual activity.
(F) That a person's consent to engage in sexual
activity with one person does not constitute consent to engage in sexual activity with another person.
(G) That a person can withdraw consent at any
(H) That a person cannot consent to sexual
activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances that include, but are not limited to, (i) the person is incapacitated due to the use or influence of alcohol or drugs, (ii) the person is asleep or unconscious, (iii) the person is a minor, or (iv) the person is incapacitated due to a mental disability.
(d) An opportunity shall be afforded to individuals, including parents or guardians, to examine
the instructional materials to be used in such class or course.
(e) The State Board of Education shall make available resource materials, with the cooperation and input of the agency that administers grant programs consistent with criteria (1) and (1.5) of subsection (c) of this Section, for educating children regarding sex education and may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by education experts and other groups that work on sex education issues. Materials may include without limitation model sex education curriculums and sexual health education programs. The State Board of Education shall make these resource materials available on its Internet website. School districts that do not currently provide sex education are not required to teach sex education. If a sex education class or course is offered in any of grades 6 through 12, the school district may choose and adapt the developmentally and age-appropriate, medically accurate, evidence-based, and complete sex education curriculum that meets the specific needs of its community.
(Source: P.A. 100-684, eff. 8-3-18; 101-579, eff. 1-1-20
105 ILCS 5/27-9.2
(105 ILCS 5/27-9.2)
(from Ch. 122, par. 27-9.2)
If any school district provides courses of
instruction designed to promote wholesome and comprehensive understanding
of the emotional, psychological, physiological, hygienic and social responsibility
aspects of family life, then such courses of instruction shall include the
teaching of the alternatives to abortion, appropriate to the various grade
levels; and whenever such courses of instruction are provided in any of
grades 6 through 12, then such courses also shall include instruction on
the prevention, transmission and spread of AIDS. However, no pupil shall be
required to take or participate in any family life
class or course on AIDS instruction if his parent or guardian submits
written objection thereto, and refusal to take or participate in such
course or program shall not be reason for suspension or expulsion of such pupil.
The State Superintendent of Education shall prepare and make available
to local school districts courses of instruction designed to satisfy the
requirements of this Section.
The State Superintendent of Education shall develop a procedure for
evaluating and measuring the effectiveness of the family life courses of instruction in
each local school district, including the setting of reasonable goals for
reduced sexual activity, sexually transmitted diseases and
premarital pregnancy. The goals shall be set by the beginning of the 1991-92
school year. The State Superintendent shall
distribute a copy of the
procedure to each local school district. Each local school district may
develop additional procedures or methods for measuring the effectiveness of the
family life courses of instruction within the district. Before the
beginning of the 1993-94 school year, the State Superintendent shall
collect and evaluate all relevant data to determine whether the goals are
(Source: P.A. 86-941.)
105 ILCS 5/27-11
(105 ILCS 5/27-11)
(from Ch. 122, par. 27-11)
Instruction on diseases.
No pupil shall be required to take or participate in instruction on
diseases if a parent or guardian files written objection thereto on
constitutional grounds, and refusal to take or participate in such
instruction on such grounds shall not be reason for suspension or expulsion
of such pupil. Nothing in this act shall prohibit instruction in sanitation
(Source: Laws 1961, p. 31.)
105 ILCS 5/27-12
(105 ILCS 5/27-12)
(from Ch. 122, par. 27-12)
Every public school teacher shall teach character education, which includes the teaching of respect, responsibility, fairness, caring, trustworthiness, and citizenship, in order to raise pupils' honesty, kindness,
justice, discipline, respect for others, and moral courage for the purpose
of lessening crime and raising
the standard of good character.
(Source: P.A. 94-187, eff. 7-12-05.)
105 ILCS 5/27-12.1
(105 ILCS 5/27-12.1)
(from Ch. 122, par. 27-12.1)
(a) Pupils in the public schools in
grades 9 through 12 shall be taught and be required to study courses
which include instruction in the area of consumer education, including
but not necessarily limited to (i) understanding the basic concepts of financial literacy, including consumer debt and installment purchasing (including credit scoring, managing credit debt, and completing a loan application), budgeting, savings and investing, banking (including balancing a checkbook, opening a deposit account, and the use of interest rates), understanding simple contracts, State and federal income taxes, personal insurance policies, the
comparison of prices, higher education student loans, identity-theft security, and homeownership (including the basic process of obtaining a mortgage and the concepts of fixed and adjustable rate mortgages, subprime loans, and predatory lending), and (ii)
understanding the roles of consumers
interacting with agriculture, business, labor unions and government in
formulating and achieving the goals of the mixed free enterprise system.
The State Board of Education shall devise or approve the
consumer education curriculum for grades 9 through 12 and specify the
minimum amount of instruction to be devoted thereto.
(c) The Financial Literacy Fund is created as a special fund in the State treasury. State funds and private contributions for the promotion of financial literacy shall be deposited into the Financial Literacy Fund. All money in the Financial Literacy Fund shall be used, subject to appropriation, by the State Board of Education to award grants to school districts for the following:
(1) Defraying the costs of financial literacy
(2) Rewarding a school or teacher who wins or
achieves results at a certain level of success in a financial literacy competition.
(3) Rewarding a student who wins or achieves
results at a certain level of success in a financial literacy competition.
(4) Funding activities, including books, games,
field trips, computers, and other activities, related to financial literacy education.
In awarding grants, every effort must be made to ensure that all geographic areas of the State are represented.
(d) A school board may establish a special fund in which to receive public funds and private contributions for the promotion of financial literacy. Money in the fund shall be used for the following:
(1) Defraying the costs of financial literacy
(2) Rewarding a school or teacher who wins or
achieves results at a certain level of success in a financial literacy competition.
(3) Rewarding a student who wins or achieves
results at a certain level of success in a financial literacy competition.
(4) Funding activities, including books, games,
field trips, computers, and other activities, related to financial literacy education.
(e) The State Board of Education, upon the next comprehensive review of the Illinois Learning Standards, is urged to include the basic principles of personal insurance policies and understanding simple contracts.
(Source: P.A. 99-284, eff. 8-5-15.)