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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 5/10-22.16

    (105 ILCS 5/10-22.16)
    Sec. 10-22.16. (Repealed).
(Source: P.A. 83-1362. Repealed by P.A. 94-1105, eff. 6-1-07.)

105 ILCS 5/10-22.17

    (105 ILCS 5/10-22.17)
    Sec. 10-22.17. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)

105 ILCS 5/10-22.18

    (105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
    Sec. 10-22.18. Kindergartens.
    (a) To establish kindergartens for the instruction of children between the ages of 4 and 6 years and to pay the necessary expenses thereof out of the school funds of the district. Until the 2027-2028 school year, upon petition of at least 50 parents or guardians of children between the ages of 4 and 6, residing within any school district and within one mile of the public school where such kindergarten is proposed to be established, the board of directors shall, if funds are available, establish a kindergarten in connection with the public school designated in the petition and maintain it as long as the annual average daily attendance therein is not less than 15. Until the 2027-2028 school year, the board may establish a kindergarten with half-day attendance or with full-day attendance; however, if the board establishes full-day kindergarten, it shall also establish half-day kindergarten. Beginning with the 2027-2028 school year, each school board must establish a kindergarten with full-day attendance and may establish a kindergarten with half-day attendance. Full-day and half-day kindergarten should be developmentally appropriate and provide opportunities for play-based learning. No one shall be employed to teach in a kindergarten who does not hold a license as provided by law.
    (b) An elementary or unit school district that does not offer full-day kindergarten as of October 1, 2022, may, by action of the State Board of Education, apply for an extension of the 2027-2028 school year implementation deadline for 2 additional years if one of the following criteria are met:
        (1) the school district is funded below 76% of
    
adequacy according to the Evidence-Based Funding formula under Section 18-8.15 of this Code in Fiscal Year 2023;
        (2) the school district is ranked in the top 25% of
    
capital funding need by the Full-Day Kindergarten Task Force, but has yet to receive capital funding as of the date of the application; or
        (3) the school district meets a criterion set by the
    
State Board of Education based on the Full-Day Kindergarten Task Force's recommendations under subsection (b) of Section 10-22.18e of this Code.
(Source: P.A. 102-894, eff. 5-20-22; 103-410, eff. 8-2-23.)

105 ILCS 5/10-22.18a

    (105 ILCS 5/10-22.18a) (from Ch. 122, par. 10-22.18a)
    Sec. 10-22.18a. Child care and training centers - Charges - Public aid payments for certain children). To establish Child Care and Training Centers for children under the age of compulsory school attendance for the purpose of providing them (1) social and educational guidance and developmental aids supplemental to parental care and training designed to assist them in attaining their greatest potential during their school years and adult life and (2) care and services, in addition to the services specified in (1), required because of the absence from home for all or part of the day of their parents or other persons in charge of their care as a result of employment or other reason. The board may also make the facilities of the Centers available before and after as well as during regular school hours to school age and preschool age children who may benefit thereby, including children who require care and supervision pending the return of their parents or other persons in charge of their care from employment or other activity requiring absence from the home.
    In establishing standards for the Centers, the board shall take into account standards established by the Department of Children and Family Services for like facilities. The board shall pay the necessary expenses out of school funds of the district, subject to State payment for certain children as hereinafter provided, and may charge for care and training of children for whom the State does not assume responsibility. The charge shall not exceed the per capita cost of the Center and, to the extent feasible, shall be fixed at a level which will permit utilization of the Center by employed parents of low or moderate income.
    The Department of Human Services shall pay to the district the cost of care and training provided in the Centers for any child who is a recipient of financial aid under "The Illinois Public Aid Code", approved April 11, 1967, as amended. The Department shall submit to the board written notice designating each child for whom it assumes the cost of care and training. The board shall submit claims for payment at the end of each monthly period. If satisfied of their correctness, the Department shall approve the claims and provide for their payment out of funds appropriated to it for such purposes and from Federal funds available therefor.
    The board may permit any other State or local governmental agency or private agency providing care for children to purchase care and training in the Centers for children under their charge.
    After July 1, 1970 when the provisions of Section 10-20.20 become operative in the district, children in a Child Care and Training Center shall be transferred to the kindergarten established under that Section for such portion of the day as may be required for the kindergarten program, and only the pro-rated costs of care and training provided in the Center for the remaining period shall be charged to the Illinois Department or other persons or agencies paying for such care.
(Source: P.A. 89-507, eff. 7-1-97.)

105 ILCS 5/10-22.18b

    (105 ILCS 5/10-22.18b) (from Ch. 122, par. 10-22.18b)
    Sec. 10-22.18b. Before and after school programs. To develop and maintain before school and after school programs for students in kindergarten through the 6th grade. Such programs may include time for homework, physical exercise, afternoon nutritional snacks and educational offerings which are in addition to those offered during the regular school day. The chief administrator in each district shall be a certified teacher or a person who meets the requirements for supervising a day care center under the Child Care Act of 1969. Individual programs shall be coordinated by certified teachers or by persons who meet the requirements for supervising a day care center under the Child Care Act of 1969. Additional employees who are not so qualified may also be employed for such programs.
    The schedule of these programs may follow the work calendar of the local community rather than the regular school calendar. Parents or guardians of the participating students shall be responsible for providing transportation for the students to and from the programs. The school board may charge parents of participating students a fee, not to exceed the actual cost of such before and after school programs.
(Source: P.A. 83-639.)

105 ILCS 5/10-22.18c

    (105 ILCS 5/10-22.18c) (from Ch. 122, par. 10-22.18c)
    Sec. 10-22.18c. Model day care services program. Local school districts may establish, in cooperation with the State Board of Education, a model program for the provision of day care services in a school. The program shall be administered by the local school district and shall be funded from monies available from private and public sources. Student parents shall not be charged a fee for the day care services; school personnel also may utilize the services, but shall be charged a fee. The program shall be supervised by a trained child care professional who is qualified to teach students parenting skills. As part of the program, the school shall offer a course in child behavior in which students shall receive course credits for helping to care for the children in the program while learning parenting skills. The State Board of Education shall evaluate the programs' effectiveness in reducing school absenteeism and dropouts among teenage parents and shall report to the General Assembly concerning its findings after the program has been in operation for 2 years.
(Source: P.A. 85-769.)

105 ILCS 5/10-22.18d

    (105 ILCS 5/10-22.18d) (from Ch. 122, par. 10-22.18d)
    Sec. 10-22.18d. Parental institutes. A school district may utilize up to two days allowed by law for teachers' institutes to conduct parental institutes for the parents and guardians of children attending the district. No district may utilize teachers' institute days as parental institute days without the consent of the district's inservice advisory committee created under Section 3-11. If a district does not have an inservice advisory committee, parental institute days must be approved by the district's teaching staff.
    Parental institutes shall be designed by the school district upon consultation with the district's teaching staff, administrators, and parents' organizations. The district may provide appropriate personnel, including district staff, to conduct, attend, or participate in all or any portion of the institutes.
    Parental institutes shall provide information on such topics as the district shall deem necessary to achieve the following purposes:
        (1) Enhance parental involvement in the education of
    
the district's students;
        (2) Improve parental communication and involvement
    
with the district;
        (3) Enhance parental knowledge of child development,
    
district programs, school conditions, and societal problems threatening students; and
        (4) Improve parental skill development.
    Districts shall use every means available to inform parents and guardians about parental institutes and to encourage attendance at and active participation in such events.
    Parental institutes may be held during that period of the day which is not part of the regular school day and may be held on Saturdays. Days scheduled for parental institutes may be scheduled separately for different grade levels and different attendance centers of the district.
    Districts may establish reasonable fees, not to exceed the cost of holding parental institutes, for attendance and shall waive any fees so established for any parents or guardians who may be unable to afford such fees. Nothing shall preclude districts from applying for or accepting private funds to conduct parental institutes.
(Source: P.A. 86-1250.)

105 ILCS 5/10-22.18e

    (105 ILCS 5/10-22.18e)
    Sec. 10-22.18e. Full-Day Kindergarten Task Force.
    (a) The Full-Day Kindergarten Task Force is created for the purpose of conducting a statewide audit to inform the planning and implementation of full-day kindergarten in the State and shall, at a minimum, collect, analyze, and report the following:
        (1) the number of elementary and unit school
    
districts in the State that are currently offering kindergarten, including the number offering full-day kindergarten, the number offering part-day kindergarten, and the number offering both part-day kindergarten and full-day kindergarten;
        (2) the number of students currently enrolled in
    
kindergarten in the State, including the number enrolled in full-day kindergarten, the number enrolled in part-day kindergarten, the total number enrolled in either part-day kindergarten or full-day kindergarten, and the number of children on any waitlists for part-day or full-day kindergarten;
        (3) for all elementary and unit school districts, an
    
estimate of the number of students eligible for kindergarten;
        (4) for all elementary and unit school districts that
    
do not currently offer full-day kindergarten, an analysis of their space utilization rate and an assessment of district capacity to provide space for full-day kindergarten classrooms;
        (5) for all elementary and unit school districts that
    
do not currently offer full-day kindergarten and are found to have insufficient capacity to provide space for full-day kindergarten classrooms, an estimate of the costs associated with providing full-day kindergarten classrooms;
        (6) recommendations on how available capital funds
    
for full-day kindergarten might be disbursed to school districts to prioritize districts most in need of State resources; and
        (7) other data or recommendations that would support
    
the State or individual school districts in offering full-day kindergarten. Such recommendations may include an analysis of other start-up or categorical costs associated with offering full-day kindergarten.
    (b) Based on the findings reported under subsection (a) of this Section, the Task Force may recommend that the State Board of Education consider an additional criterion when granting a waiver under subsection (b) of Section 10-22.18 of this Code. The State Board of Education shall make a final determination regarding this additional factor and provide public notice of that determination by no later than July 1, 2025.
    (c) Members of the Full-Day Kindergarten Task Force shall be appointed by no later than October 1, 2023 and shall possess the expertise needed to complete the report and recommendations. Members appointed to the Task Force must reflect the racial, ethnic, and geographic diversity of this State. Task Force members shall include all of the following:
        (1) The State Superintendent of Education or the
    
Superintendent's designee.
        (2) Three members appointed by the State Board of
    
Education with relevant expertise.
        (3) One member who represents the Capital Development
    
Board, appointed by the State Superintendent of Education.
        (4) One member from an organization with expertise in
    
school construction and facilities financing, appointed by the State Superintendent of Education.
        (5) One member from an organization with expertise in
    
local, State, and federal tax and budget related issues, appointed by the State Superintendent of Education.
        (6) One member of a statewide professional teachers'
    
organization who is a kindergarten teacher, appointed by the State Superintendent of Education.
        (7) One member of another statewide professional
    
teachers' organization who is a kindergarten teacher, appointed by the State Superintendent of Education.
        (8) One member who represents a statewide
    
organization of school business officials and has experience overseeing schools with kindergarten programs, appointed by the State Superintendent of Education.
        (9) One member who represents a statewide
    
organization of principals and has experience overseeing schools with kindergarten programs, appointed by the State Superintendent of Education.
        (10) One member who represents a statewide
    
organization of school boards and has experience overseeing schools with kindergarten programs, appointed by the State Superintendent of Education.
        (11) Three members who are parents of students, one
    
of whom is from an urban elementary or unit school district, one of whom is from a rural elementary or unit school district, and one of whom is from a suburban elementary or unit school district, all appointed by the State Superintendent of Education.
        (12) One member who represents a statewide
    
organization of school districts and has experience overseeing schools with kindergarten programs, appointed by the State Superintendent of Education.
        (13) One member who represents an elementary or unit
    
school district that is a Tier 3 or Tier 4 school district as defined by Section 18-8.15 of this Code and that does not currently offer full-day kindergarten, appointed by the State Superintendent of Education.
        (14) One member who represents a school district
    
serving a community with a population of 500,000 or more, appointed by the State Superintendent of Education.
        (15) One member who represents a rural elementary or
    
unit school district, appointed by the State Superintendent of Education.
    (d) The Full-Day Kindergarten Task Force shall meet at the call of the State Superintendent of Education or the Superintendent's designee, who shall serve as the chairperson. The State Board of Education shall provide administrative and other support to the Task Force. Members of the Task Force shall serve without compensation.
    (e) The Full-Day Kindergarten Task Force shall issue an interim report by June 30, 2024 and a final report to the General Assembly and Governor's Office no later than January 31, 2025.
    (f) Upon issuing its final report, the Full-Day Kindergarten Task Force is dissolved.
(Source: P.A. 103-410, eff. 8-2-23.)

105 ILCS 5/10-22.19

    (105 ILCS 5/10-22.19) (from Ch. 122, par. 10-22.19)
    Sec. 10-22.19. Sidewalks, bridges, culverts and other approaches.
    To appropriate school funds for the construction of such sidewalks, bridges, culverts and other approaches leading to the schoolhouse or school grounds as are necessary for the convenience and safety of pupils attending such school, but such approaches shall not exceed one-half mile in length.
(Source: Laws 1961, p. 3420.)

105 ILCS 5/10-22.19a

    (105 ILCS 5/10-22.19a)
    Sec. 10-22.19a. (Repealed).
(Source: P.A. 91-830, eff. 7-1-00. Repealed by P.A. 94-1105, eff. 6-1-07.)

105 ILCS 5/10-22.20

    (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
    Sec. 10-22.20. Classes for adults and youths whose schooling has been interrupted; conditions for State reimbursement; use of child care facilities.
    (a) To establish special classes for the instruction (1) of persons of age 21 years or over and (2) of persons less than age 21 and not otherwise in attendance in public school, for the purpose of providing adults in the community and youths whose schooling has been interrupted with such additional basic education, vocational skill training, and other instruction as may be necessary to increase their qualifications for employment or other means of self-support and their ability to meet their responsibilities as citizens, including courses of instruction regularly accepted for graduation from elementary or high schools and for Americanization and high school equivalency testing review classes.
    The board shall pay the necessary expenses of such classes out of school funds of the district, including costs of student transportation and such facilities or provision for child-care as may be necessary in the judgment of the board to permit maximum utilization of the courses by students with children, and other special needs of the students directly related to such instruction. The expenses thus incurred shall be subject to State reimbursement, as provided in Section 2-12.5 of the Public Community College Act. The board may make a tuition charge for persons taking instruction who are not subject to State reimbursement, such tuition charge not to exceed the per capita cost of such classes.
    The cost of such instruction, including the additional expenses herein authorized, shall be assumed in its entirety from funds appropriated by the State to the Illinois Community College Board as provided in Section 2-12.5 of the Public Community College Act.
    (b) The Illinois Community College Board shall establish the standards for the courses of instruction reimbursed under this Section. The Illinois Community College Board shall supervise the administration of the programs. The Illinois Community College Board shall determine the cost of instruction in accordance with standards established by the Illinois Community College Board, including therein other incidental costs as herein authorized, which shall serve as the basis of State reimbursement in accordance with the provisions of the Public Community College Act. In the approval of programs and the determination of the cost of instruction, the Illinois Community College Board shall provide for the maximum utilization of federal funds for such programs.
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (i) (Blank).
    (j) In addition to claiming reimbursement under this Section, a school district may claim evidence-based funding under Section 18-8.15 for any student under age 21 who is enrolled in courses accepted for graduation from elementary or high school and who otherwise meets the requirements of Section 18-8.15.
(Source: P.A. 100-465, eff. 8-31-17; 101-289, eff. 8-9-19.)

105 ILCS 5/10-22.20a

    (105 ILCS 5/10-22.20a) (from Ch. 122, par. 10-22.20a)
    Sec. 10-22.20a. Advanced vocational training program, and career education. To enter into joint agreements with community college districts and other school districts for the purpose of providing career education or advanced vocational training of students in the 11th and higher grades who desire preparation for a trade. Transportation for students to any facility covered by a joint agreement as described in this Section shall be provided by the participating school district, or by the participating school district in conjunction with other school districts. Joint agreements entered into under this Section may include provisions for joint authority to acquire and improve sites, construct and equip facilities thereon and lease and equip facilities deemed necessary by the parties to the joint agreement, to maintain programs and to provide for financing of the foregoing jointly by the respective parties, all in accordance with the terms of the joint agreement.
    Nothing herein contained shall be construed to restrict or prohibit the rights of community college districts or school districts to enter into joint agreements under the provisions of the Intergovernmental Cooperation Act, as now or hereinafter amended.
    The duration of the career education or advanced vocational training program shall be such period as the school district may approve but it may not exceed 2 years for any school district pupil. Participation in the program is accorded the same credit toward a high school diploma as time spent in other courses.
    The participating community college shall bill each participating student's school district for an amount equal to the per capita cost of operating the community college attended or a charge for participation may be made in accordance with the joint agreement between the community college district and the student's school district. Such agreement shall not provide for payments in excess of the actual cost of operating the course or courses in which the student is enrolled. Participating high schools may use State aid monies to pay the charges.
    The community college instructors teaching in such programs need not be certified by the State Teacher Certification Board.
(Source: P.A. 79-76.)

105 ILCS 5/10-22.20b

    (105 ILCS 5/10-22.20b) (from Ch. 122, par. 10-22.20b)
    Sec. 10-22.20b. To appoint a person, who meets the standards of qualification and certification established by the Illinois Community College Board, as director of adult education to be responsible for the development and general supervision of the adult education program described in Section 10-22.20 and the Adult Education Act.
(Source: P.A. 91-830, eff. 7-1-01.)

105 ILCS 5/10-22.20c

    (105 ILCS 5/10-22.20c) (from Ch. 122, par. 10-22.20c)
    Sec. 10-22.20c. Tutorial programs. To establish and implement peer assistance, tutorial programs whereby qualified, able students assist less able students with their studies and course work, and to provide appropriate recognition for students furnishing such tutorial services. In addition, a school board is authorized to cooperate with institutions of higher education and may accept tutorial services provided by qualified students of such institutions under the Educational Partnership Act, as now or hereafter amended.
(Source: P.A. 84-712.)

105 ILCS 5/10-22.21

    (105 ILCS 5/10-22.21) (from Ch. 122, par. 10-22.21)
    Sec. 10-22.21. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)

105 ILCS 5/10-22.21a

    (105 ILCS 5/10-22.21a) (from Ch. 122, par. 10-22.21a)
    Sec. 10-22.21a. (Repealed).
(Source: Laws 1967, p. 2186. Repealed by P.A. 89-159, eff. 1-1-96.)

105 ILCS 5/10-22.21b

    (105 ILCS 5/10-22.21b) (from Ch. 122, par. 10-22.21b)
    Sec. 10-22.21b. Administering medication.
    (a) In this Section, "asthma action plan" has the meaning given to that term under Section 22-30.
    (b) To provide for the administration of medication to students. It shall be the policy of the State of Illinois that the administration of medication to students during regular school hours and during school-related activities should be discouraged unless absolutely necessary for the critical health and well-being of the student. Under no circumstances shall teachers or other non-administrative school employees, except certified school nurses and non-certificated registered professional nurses, be required to administer medication to students. This Section shall not prohibit a school district from adopting guidelines for self-administration of medication by students that are consistent with this Section and this Code. This Section shall not prohibit any school employee from providing emergency assistance to students.
    (c) Notwithstanding any other provision of law, a school district must allow any student with an asthma action plan, an Individual Health Care Action Plan, an allergy emergency action plan, a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or a plan pursuant to the federal Individuals with Disabilities Education Act to self-administer any medication required under those plans if the student's parent or guardian provides the school district with (i) written permission for the student's self-administration of medication and (ii) written authorization from the student's physician, physician assistant, or advanced practice registered nurse for the student to self-administer the medication. A parent or guardian must also provide to the school district the prescription label for the medication, which must contain the name of the medication, the prescribed dosage, and the time or times at which or the circumstances under which the medication is to be administered. Information received by a school district under this subsection shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator.
    (d) Each school district must adopt an emergency action plan for a student who self-administers medication under subsection (c). The plan must include both of the following:
        (1) A plan of action in the event a student is unable
    
to self-administer medication.
        (2) The situations in which a school must call 9-1-1.
    (e) A school district and its employees and agents shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication by a student under subsection (c). The student's parent or guardian must sign a statement to this effect, which must acknowledge that the parent or guardian must indemnify and hold harmless the school district and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the self-administration of medication by a student.
(Source: P.A. 103-175, eff. 6-30-23.)

105 ILCS 5/10-22.22

    (105 ILCS 5/10-22.22) (from Ch. 122, par. 10-22.22)
    Sec. 10-22.22. Transportation for pupils-Tuition.
    To provide free transportation for pupils, and where in its judgment the interests of the district and of the pupils therein will be best subserved by so doing the school board may permit the pupils in the district or in any particular grade to attend the schools of other districts and may permit any pupil to attend an area secondary vocational school operated by a public school district or a public or non-public vocational school within the State of Illinois or adjacent states approved by the Board of Vocational Education, and may provide free transportation for such pupils and shall pay the tuition of such pupils in the schools attended; such tuition shall be based upon per capita cost computed in the following manner: The cost of conducting and maintaining any area secondary vocational school facility shall be first determined and shall include the following expenses applicable only to such educational facility under rules and regulations established by the Board of Vocational Education and Rehabilitation as follows:
        a. Salaries of teachers, vocational counselors, and
    
supporting professional workers, necessary non-certified workers, clerks, custodial employees, and any district taxes specifically for their pension and retirement benefits.
        b. Equipment and supplies necessary for program
    
operation.
        c. Administrative costs.
        d. Operation of physical plant, including heat,
    
light, water, repairs, and maintenance.
        e. Auxiliary service, not including any
    
transportation cost.
    From such total cost thus determined there shall be deducted the State reimbursement due on account of such educational facility for the same year, not including any State reimbursement for area secondary vocational school transportation. Such net cost shall be divided by the average number of pupils in average daily attendance in such area secondary vocational school facility for the school year in order to arrive at the net per capita tuition cost. Such costs shall be computed on pupils regularly enrolled in an area secondary vocational school on the basis of one-sixth day for every class hour attended pursuant to such enrollment. Provided, that the board subject to the approval of the county superintendent of schools may determine what schools outside of their district such pupils shall attend. This section does not require the board of directors or board of education of any district to admit pupils from another district.
(Source: P.A. 94-213, eff. 7-14-05.)