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.
SCHOOLS105 ILCS 5/26-10
(105 ILCS 5/) School Code.
(105 ILCS 5/26-10)
(from Ch. 122, par. 26-10)
Fine for noncompliance.) Any person having custody or control
of a child subject to the provisions of this Article to whom notice has
been given of the child's truancy and who knowingly and wilfully permits
such a child to persist in his truancy within that school year, upon conviction
thereof shall be guilty of a Class C misdemeanor and shall be subject to
not more than 30 days imprisonment and/or a fine of up to $500.
(Source: P.A. 80-908.)
105 ILCS 5/26-11
(105 ILCS 5/26-11)
(from Ch. 122, par. 26-11)
Punishment for certain offenses.
Any person who induces or attempts to induce any child to be absent from
school unlawfully, or who knowingly employs or harbors, while school is in
session, any child absent unlawfully from school for 3 consecutive school
days, is guilty of a Class C misdemeanor.
(Source: P.A. 77-2267.)
105 ILCS 5/26-12
(105 ILCS 5/26-12)
(from Ch. 122, par. 26-12)
(a) No punitive action,
including out-of-school suspensions, expulsions, or court action, shall
be taken against truant minors for such truancy unless appropriate and available supportive services
and other school resources have been provided to the student. Notwithstanding the provisions of Section 10-22.6 of this Code, a truant minor may not be expelled for nonattendance unless he or she has accrued 15 consecutive days of absences without valid cause and the student cannot be located by the school district or the school district has located the student but cannot, after exhausting all available supportive services, compel the student to return to school.
(b) A school district may not refer a truant, chronic truant, or truant minor to any other local public entity, as defined under Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act, for that local public entity to issue the child a fine or a fee as punishment for his or her truancy.
(c) A school district may refer any person having custody or control of a truant, chronic truant, or truant minor to any other local public entity, as defined under Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act, for that local public entity to issue the person a fine or fee for the child's truancy only if the school district's truant officer, regional office of education, or intermediate service center has been notified of the truant behavior and the school district, regional office of education, or intermediate service center has offered all appropriate and available supportive services and other school resources to the child. Before a school district may refer a person having custody or control of a child to a municipality, as defined under Section 1-1-2 of the Illinois Municipal Code, the school district must provide the following appropriate and available services:
(1) For any child who is a homeless child, as defined
under Section 1-5 of the Education for Homeless Children Act, a meeting between the child, the person having custody or control of the child, relevant school personnel, and a homeless liaison to discuss any barriers to the child's attendance due to the child's transitional living situation and to construct a plan that removes these barriers.
(2) For any child with a documented disability, a
meeting between the child, the person having custody or control of the child, and relevant school personnel to review the child's current needs and address the appropriateness of the child's placement and services. For any child subject to Article 14 of this Code, this meeting shall be an individualized education program meeting and shall include relevant members of the individualized education program team. For any child with a disability under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794), this meeting shall be a Section 504 plan review and include relevant members of the Section 504 plan team.
(3) For any child currently being evaluated by a
school district for a disability or for whom the school has a basis of knowledge that the child is a child with a disability under 20 U.S.C. 1415(k)(5), the completion of the evaluation and determination of the child's eligibility for special education services.
(d) Before a school district may refer a person having custody or control of a child to a local public entity under this Section, the school district must document any appropriate and available supportive services offered to the child. In the event a meeting under this Section does not occur, a school district must have documentation that it made reasonable efforts to convene the meeting at a mutually convenient time and date for the school district and the person having custody or control of the child and, but for the conduct of that person, the meeting would have occurred.
(Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18; 101-81, eff. 7-12-19.)
105 ILCS 5/26-13
(105 ILCS 5/26-13)
(from Ch. 122, par. 26-13)
Absenteeism and truancy policies.
School districts shall
adopt policies, consistent with rules adopted by the State Board of
Education, which identify the appropriate supportive services and available
resources which are provided for truants and chronic truants.
(Source: P.A. 84-1420.)
105 ILCS 5/26-14
(105 ILCS 5/26-14)
(from Ch. 122, par. 26-14)
Truancy programs for dropouts.
Any dropout, as defined in
Section 26-2a, who is 17 years of age
may apply to a school district
for status as a truant, and the school district shall permit such person to
participate in the district's various programs and resources for truants.
At the time of the person's application, the district may request
documentation of his dropout status for the previous 6 months.
(Source: P.A. 93-858, eff. 1-1-05.)
105 ILCS 5/26-15
(105 ILCS 5/26-15)
(from Ch. 122, par. 26-15)
When a regional superintendent has reason
to believe that a pupil is a truant minor as defined in Section 26-2a, the
regional superintendent may report such pupil under the provisions of the
Juvenile Court Act.
(Source: P.A. 85-1209.)
105 ILCS 5/26-16
(105 ILCS 5/26-16)
Graduation incentives program.
(a) The General Assembly finds that it is critical to provide options for children to succeed in school. The purpose of this Section is to provide incentives for and encourage all Illinois students who have experienced or are experiencing difficulty in the traditional education system to enroll in alternative programs.
(b) Any student who is below the age of 20 years is eligible to enroll in a graduation incentives program if he or she:
(1) is considered a dropout pursuant to Section
(2) has been suspended or expelled pursuant to
Section 10-22.6 or 34-19 of this Code;
(3) is pregnant or is a parent;
(4) has been assessed as chemically dependent; or
(5) is enrolled in a bilingual education or LEP
(c) The following programs qualify as graduation incentives programs for students meeting the criteria established in this Section:
(1) Any public elementary or secondary education
graduation incentives program established by a school district or by a regional office of education.
(2) Any alternative learning opportunities program
established pursuant to Article 13B of this Code.
(3) Vocational or job training courses approved by
the State Superintendent of Education that are available through the Illinois public community college system. Students may apply for reimbursement of 50% of tuition costs for one course per semester or a maximum of 3 courses per school year. Subject to available funds, students may apply for reimbursement of up to 100% of tuition costs upon a showing of employment within 6 months after completion of a vocational or job training program. The qualifications for reimbursement shall be established by the State Superintendent of Education by rule.
(4) Job and career programs approved by the State
Superintendent of Education that are available through Illinois-accredited private business and vocational schools. Subject to available funds, pupils may apply for reimbursement of up to 100% of tuition costs upon a showing of employment within 6 months after completion of a job or career program. The State Superintendent of Education shall establish, by rule, the qualifications for reimbursement, criteria for determining reimbursement amounts, and limits on reimbursement.
(5) Adult education courses that offer preparation
for high school equivalency testing.
(d) Graduation incentives programs established by school districts are entitled to claim general State aid and evidence-based funding, subject to Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. Graduation incentives programs operated by regional offices of education are entitled to receive general State aid and evidence-based funding at the foundation level of support per pupil enrolled. A school district must ensure that its graduation incentives program receives supplemental general State aid, transportation reimbursements, and special education resources, if appropriate, for students enrolled in the program.
(Source: P.A. 100-465, eff. 8-31-17.)
105 ILCS 5/26-17
(105 ILCS 5/26-17)
(Source: P.A. 97-911, eff. 8-8-12. Repealed internally, eff. 11-2-12.)
105 ILCS 5/26-18
(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, which may be administered remotely.
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. 101-643, eff. 6-18-20.)
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)
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. The requirements of this Section do not apply if the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.
(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. 101-643, eff. 6-18-20.)