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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 5/14A-45 (105 ILCS 5/14A-45) Sec. 14A-45. Grants for services and materials. Subject to the availability of categorical grant funding or other funding appropriated for such purposes, the State Board of Education shall make grants available to fund educational programs for gifted and talented children. A request-for-proposal process shall be used in awarding grants for services and materials, with carry over to the next fiscal year, under this Section. A proposal may be submitted to the State Board of Education by a school district, 2 or more
cooperating school districts, a county, 2 or more cooperating counties, an established professional organization in gifted education, or a regional office of education. The proposals shall include a statement of the qualifications and duties of the personnel required in the field of diagnostic, counseling, and consultative services and the educational materials necessary. Upon receipt, the State Board of Education shall evaluate the proposals in accordance with criteria developed by the State Board of Education that is consistent with this Article and shall award grants to the extent funding is available. Educational programs for gifted and talented children may be offered during the regular school term and may include optional summer programs. As a condition for State funding, a grantee must comply with the requirements of this Article.
(Source: P.A. 96-1152, eff. 7-21-10.) |
105 ILCS 5/14A-50 (105 ILCS 5/14A-50)
Sec. 14A-50. Contracts for experimental projects and institutes. Subject to the availability of funds, the State Board of Education shall have the authority to enter into and monitor contracts with school districts, regional offices of education, colleges, universities, and professional organizations for the conduct of experimental projects and institutes, including summer institutes, in the field of education of gifted and talented children as defined in Section 14A-20 of this Code. These projects and institutes shall be established in accordance with rules adopted by the State Board of Education.
Prior to entering into a contract, the State Board of Education shall evaluate the proposal as to the soundness of the design of the project or institute, the probability of obtaining productive outcomes, the adequacy of resources to conduct the proposed project or institute, and the relationship of the project or institute to other projects and institutes already completed or in progress. The contents of these projects and institutes must be designed based on standards adopted by professional organizations for gifted and talented children.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.) |
105 ILCS 5/14A-55 (105 ILCS 5/14A-55)
Sec. 14A-55. Rulemaking. The State Board of Education shall have the authority to adopt all rules necessary to implement and regulate the provisions of this Article.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05; 95-331, eff. 8-21-07.) |
105 ILCS 5/Art. 14B
(105 ILCS 5/Art. 14B heading)
ARTICLE 14B.
EDUCATIONALLY DISADVANTAGED CHILDREN
(Repealed) (Source: Repealed by P.A. 96-734, eff. 8-25-09.)
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105 ILCS 5/Art. 14C
(105 ILCS 5/Art. 14C heading)
ARTICLE 14C.
TRANSITIONAL BILINGUAL EDUCATION
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105 ILCS 5/14C-1 (105 ILCS 5/14C-1) (from Ch. 122, par. 14C-1) Sec. 14C-1. The General Assembly finds that there are large numbers of children in
this State who come from environments where the primary language is other
than English. Experience has shown that public school classes in which
instruction is given only in English are often inadequate for the education
of children whose native tongue is another language. The General Assembly
believes that a program of transitional bilingual education can meet the
needs of these children and facilitate their integration into the regular
public school curriculum. Therefore, pursuant to the policy of this State
to ensure equal educational opportunity to every child, and in recognition
of the educational needs of English learners, it is the purpose of this Act to provide for the establishment of
transitional bilingual education programs in the public schools, to
provide supplemental financial assistance through fiscal year 2017 to help local school districts
meet the extra costs of such programs, and to allow this State through the State Board of Education to directly or indirectly provide technical assistance and professional development to support transitional bilingual education or a transitional program of instruction statewide through contractual services by a not-for-profit entity for technical assistance, professional development, and other support to school districts and educators for services for English learner pupils. In no case may aggregate funding for contractual services by a not-for-profit entity for support to school districts and educators for services for English learner pupils be less than the aggregate amount expended for such purposes in Fiscal Year 2017. Not-for-profit entities providing support to school districts and educators for services for English learner pupils must have experience providing those services in a school district having a population exceeding 500,000; one or more school districts in any of the counties of Lake, McHenry, DuPage, Kane, and Will; and one or more school districts elsewhere in this State. Funding for not-for-profit entities providing support to school districts and educators for services for English learner pupils may be increased subject to an agreement with the State Board of Education. Funding for not-for-profit entities providing support to school districts and educators for services for English learner pupils shall come from funds allocated pursuant to Section 18-8.15 of this Code. (Source: P.A. 99-30, eff. 7-10-15; 100-465, eff. 8-31-17.) |
105 ILCS 5/14C-2
(105 ILCS 5/14C-2) (from Ch. 122, par. 14C-2)
Sec. 14C-2. Definitions. Unless the context indicates otherwise, the terms used in this
Article have the following meanings:
(a) "State Board" means the State Board of Education.
(b) "Certification Board" means the State Teacher Certification
Board.
(c) "School District" means any school district established under
this Code.
(d) "English learners" means (1)
all children in grades pre-K through 12 who were not born in the United States, whose native tongue is a
language other than English, and who are incapable of performing ordinary
classwork in English; and (2) all children in grades pre-K through 12 who were born in the United
States of parents possessing no or limited English-speaking ability and
who are incapable of performing ordinary classwork in English.
(e) "Teacher of transitional bilingual education" means a teacher
with a speaking and reading ability in a language other than English in
which transitional bilingual education is offered and with communicative
skills in English.
(f) "Program in transitional bilingual education" means a full-time
program of instruction (1) in all those courses or subjects which a
child is required by law to receive and which are required by the
child's school district, which shall be given in the native language of
English learners who are enrolled in the
program and also in English, (2) in the reading and writing of the
native language of English learners who
are enrolled in the program and in the oral language (listening and speaking),
reading, and writing of English, and (3) in the history and culture of
the country, territory, or geographic area which is the native land of
the parents of English learners who are
enrolled in the program and in the history and culture of the United
States; or a part-time program of instruction based on the educational
needs of those English learners who do not
need a full-time program of instruction.
(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15.)
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105 ILCS 5/14C-2.1
(105 ILCS 5/14C-2.1)
Sec. 14C-2.1. (Repealed).
(Source: P.A. 78-727. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/14C-3
(105 ILCS 5/14C-3) (from Ch. 122, par. 14C-3)
Sec. 14C-3. Language classification of children; establishment of
program; period of participation; examination.
Each school district shall ascertain, not later than the first day of
March, under regulations prescribed by the State Board, the
number of English learners within the school
district, and shall classify them according to the language of which
they possess a primary speaking ability, and their grade level, age or
achievement level.
When, at the beginning of any school year, there is within an
attendance center of a school district, not including children who are
enrolled in existing private school systems, 20 or more English learners in any such language classification,
the school district shall establish, for each classification, a program
in transitional bilingual education for the children therein. A school
district may establish a program in transitional
bilingual education with respect to any classification with less than 20
children therein, but should a school district decide not to establish
such a program, the school district shall provide a locally determined
transitional program of instruction which, based upon an
individual student language assessment, provides content area instruction
in a language other than English to the extent
necessary to ensure that each student can benefit from educational
instruction and achieve an early and effective transition into the regular
school curriculum.
Every school-age English learner not
enrolled in existing private school systems shall be enrolled and
participate in the program in transitional bilingual education
established for the classification to which he belongs by the school
district in which he resides for a period of 3 years or until such time
as he achieves a level of English language skills which will enable him
to perform successfully in classes in which instruction is given only in
English, whichever shall first occur.
An English learner enrolled in a program in
transitional bilingual education may, in the discretion of the school
district and subject to the approval of the child's parent or legal
guardian, continue in that program for a period longer than 3 years.
An examination in the oral language (listening and speaking), reading, and
writing of English, as prescribed by the State Board, shall
be administered annually to all English learners enrolled and participating in a program in transitional
bilingual education. No school district shall transfer an English learner out of a program in transitional
bilingual education prior to his third year of enrollment therein unless
the parents of the child approve the transfer in writing, and unless the
child has received a score on said examination which, in the
determination of the State Board, reflects a level of
English language skills appropriate to his or her grade level.
If later evidence suggests that a child so transferred is still
disabled by an inadequate command of English, he may be
re-enrolled
in the program for a length of time equal to that which remained at the
time he was transferred.
(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15.)
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105 ILCS 5/14C-4
(105 ILCS 5/14C-4) (from Ch. 122, par. 14C-4)
Sec. 14C-4.
Notice of enrollment; content; rights of parents.
No later than 30 days after the beginning of the school year or
14 days after the enrollment of any child in a
program in
transitional bilingual education during the middle of a school year, the
school district in which the child
resides shall notify by mail the parents or legal guardian of the child of
the fact that their child has been enrolled in a program in transitional
bilingual education. The notice shall contain all of the following
information in simple, nontechnical language:
(1) The reasons why the child has been placed in and | | needs the services of the program.
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(2) The child's level of English proficiency, how
| | this level was assessed, and the child's current level of academic achievement.
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(3) The method of instruction used in the program and
| | in other available offerings of the district, including how the program differs from those other offerings in content, instructional goals, and the use of English and native language instruction.
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(4) How the program will meet the educational
| | strengths and needs of the child.
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(5) How the program will specifically help the child
| | to learn English and to meet academic achievement standards for grade promotion and graduation.
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(6) The specific exit requirements for the program,
| | the expected rate of transition from the program into the regular curriculum, and the expected graduation rate for children in the program if the program is offered at the secondary level.
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(7) How the program meets the objectives of the
| | child's individual educational program (IEP), if applicable.
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(8) The right of the parents to decline to enroll the
| | child in the program or to choose another program or method of instruction, if available.
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(9) The right of the parents to have the child
| | immediately removed from the program upon request.
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(10) The right of the parents to visit transitional
| | bilingual education classes in which their child is enrolled and to come to the school for a conference to explain the nature of transitional bilingual education.
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The notice shall be in writing in English and in the language of which
the child of the parents so notified possesses a primary speaking ability.
Any parent whose child has been enrolled in a program in transitional
bilingual education shall have the absolute right to immediately withdraw his
child from said program by
providing written
notice of such desire to the school authorities of the school in which his
child is enrolled or to the school district in which his child resides.
(Source: P.A. 92-604, eff. 7-1-02.)
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105 ILCS 5/14C-5
(105 ILCS 5/14C-5) (from Ch. 122, par. 14C-5)
Sec. 14C-5. Nonresident children; enrollment and tuition; joint programs. A school district may allow a nonresident English learner to enroll in or attend its program in transitional
bilingual education, and the tuition for such a child shall be paid by the
district in which he resides.
Any school district may join with any other school district or districts
to provide the programs in transitional bilingual education required or
permitted by this Article.
(Source: P.A. 99-30, eff. 7-10-15.)
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105 ILCS 5/14C-6
(105 ILCS 5/14C-6) (from Ch. 122, par. 14C-6)
Sec. 14C-6.
Placement of children.
Children enrolled in a program of transitional bilingual education
whenever possible shall be placed in classes with children of
approximately the same age and level of educational attainment. If
children of different age groups or educational levels are combined, the
school district so combining shall ensure that the instruction given
each child is appropriate to his or her level of educational attainment
and the school districts shall keep adequate records of the educational
level and progress of each child enrolled in a program. The maximum
student-teacher ratio shall be set by the State Board and
shall reflect the special educational needs of children enrolled in
programs in transitional bilingual education. Programs in transitional
bilingual education shall, whenever feasible, be located in the regular
public schools of the district rather than separate facilities.
(Source: P.A. 81-1508.)
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105 ILCS 5/14C-7
(105 ILCS 5/14C-7) (from Ch. 122, par. 14C-7)
Sec. 14C-7. Participation in extracurricular activities of public schools. Instruction in courses of subjects included in a program of transitional
bilingual education which are not mandatory may be given in a language
other than English. In those courses or subjects in which verbalization is
not essential to an understanding of the subject matter, including but not
necessarily limited to art, music and physical education, English learners shall participate fully with their
English-speaking contemporaries in the regular public school classes
provided for said subjects. Each school district shall ensure to children
enrolled in a program in transitional bilingual education practical and
meaningful opportunity to participate fully in the extracurricular
activities of the regular public schools in the district.
(Source: P.A. 99-30, eff. 7-10-15.)
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105 ILCS 5/14C-8
(105 ILCS 5/14C-8) (from Ch. 122, par. 14C-8)
Sec. 14C-8. (Repealed). (Source: P.A. 97-607, eff. 8-26-11. Repealed internally, eff. 6-30-13.)
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105 ILCS 5/14C-9
(105 ILCS 5/14C-9) (from Ch. 122, par. 14C-9)
Sec. 14C-9. Tenure; minimum salaries. Any person employed as a teacher of transitional bilingual education
whose teaching certificate was issued pursuant to Section
14C-8 (now repealed) of this Code shall have such employment credited to him or her for the
purposes of determining under the provisions of this Code eligibility to
enter upon contractual continued service; provided that such employment
immediately precedes and is consecutive with the year in which such person
becomes certified under Article 21 of this Code or licensed under Article 21B of this Code.
For the purposes of determining the minimum salaries payable to persons
certified under Section 14C-8 (now repealed) of this Code, such
persons shall be deemed to have been trained at a recognized institution of
higher learning.
(Source: P.A. 99-30, eff. 7-10-15.)
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105 ILCS 5/14C-10
(105 ILCS 5/14C-10) (from Ch. 122, par. 14C-10)
Sec. 14C-10. Parent and community participation.
School districts shall provide for the maximum practical involvement of
parents of children in transitional bilingual education programs. Each
school district shall, accordingly, establish a parent advisory committee
which affords parents the opportunity effectively to express their views
and which ensures that such programs are planned, operated, and evaluated
with the involvement of, and in consultation with, parents of children
served by the programs. Such committees shall be composed of parents of
children enrolled in transitional bilingual education programs,
transitional bilingual education teachers, counselors, and representatives
from community groups; provided, however, that a majority of each committee
shall be parents of children enrolled in the transitional bilingual
education program. Once established, these committees shall autonomously carry out their affairs, including the election of officers and the establishment of internal rules, guidelines, and procedures.
(Source: P.A. 97-915, eff. 1-1-13.)
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105 ILCS 5/14C-11
(105 ILCS 5/14C-11) (from Ch. 122, par. 14C-11)
Sec. 14C-11. Preschool or summer school programs. A school district may establish, on a full or part-time basis, preschool
or summer school programs in transitional bilingual education for English learners or join with the other school districts
in establishing such preschool or summer programs. Preschool or summer
programs in transitional bilingual education shall not substitute for
programs in transitional bilingual education required to be provided during
the regular school year.
(Source: P.A. 99-30, eff. 7-10-15.)
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105 ILCS 5/14C-12
(105 ILCS 5/14C-12) (from Ch. 122, par. 14C-12)
Sec. 14C-12. Account of expenditures; Cost report; Reimbursement.
Each
school district with at least one English learner shall keep an accurate, detailed and separate account of
all monies paid out by it for the programs in transitional bilingual education
required or permitted by this Article, including transportation costs, and
shall annually report thereon for the school year ending June 30 indicating
the average per pupil expenditure. Through fiscal year 2017, each school district shall be reimbursed
for the amount by which such costs exceed the average per pupil expenditure
by such school district for the education of children of comparable age
who are not in any special education program. No funding shall be provided to school districts under this Section after fiscal year 2017. In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 18-8.15 of this Code that is attributable to instructions, supports, and interventions for English learner pupils must be used for programs and services authorized under this Article. At least 60% of transitional bilingual education funding received from the State must be used for the instructional costs of programs and services authorized under this Article.
Applications for preapproval for costs of transitional
bilingual education programs must be submitted to the State Superintendent of
Education at least 60 days before a transitional bilingual education program
is started, unless a justifiable exception is granted by the State
Superintendent of Education.
Applications shall set forth a plan for transitional
bilingual education established and maintained in accordance with this Article.
Through fiscal year 2017, reimbursement claims for transitional bilingual education programs shall
be made as follows:
Each school district shall claim reimbursement on a current basis for the
first 3 quarters of the fiscal year and file a final adjusted
claim
for the school year ended June 30 preceding computed in accordance with rules
prescribed by the State Superintendent's Office.
The State Superintendent
of
Education before approving any such claims shall
determine their accuracy and whether
they are based upon services and facilities provided under approved programs.
Upon approval he shall transmit to the Comptroller
the
vouchers showing the amounts due for
school
district reimbursement claims. Upon receipt of the
final adjusted
claims the State Superintendent of Education shall make a final
determination of the
accuracy of such claims. If the money appropriated by the General Assembly
for such purpose for any year is insufficient, it shall be apportioned on
the basis of the claims approved.
Failure on the part of the school district to prepare and certify the final
adjusted claims due under this Section may constitute a forfeiture
by the school district of its right to be reimbursed by the State under this
Section.
(Source: P.A. 100-465, eff. 8-31-17.)
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105 ILCS 5/14C-13
(105 ILCS 5/14C-13) (from Ch. 122, par. 14C-13)
Sec. 14C-13. Advisory Council. (a) There is created an Advisory Council
on Bilingual Education, consisting of 17 members appointed by the State
Superintendent of Education and selected, as nearly as possible, on the
basis of experience in or knowledge of the various programs of bilingual
education. The Council shall advise the State Superintendent on policy and
rules pertaining to bilingual education. The Council shall establish such
sub-committees as it deems appropriate to review bilingual education issues
including but not limited to certification, finance and special education.
Initial appointees shall serve terms determined by lot as follows: 6 for
one year, 6 for 2 years and 5 for 3 years. Successors shall serve 3-year
terms. Members annually shall select a chairman from among their number.
Members shall receive no compensation but may be reimbursed for necessary
expenses incurred in the performance of their duties. By no later than December 1, 2011, the Council shall submit a report to the State Superintendent of Education, the Governor, and the General Assembly addressing, at a minimum, the following questions: (1) whether and how the 20 child per attendance | | center minimum in Section 14C-3 of this Code should be modified;
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| (2) whether and how educator certification
| | requirements in this Article 14C and applicable State Board of Education rules should be modified;
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| (3) whether and how bilingual education requirements
| | in this Article 14C and applicable State Board of Education rules should be modified to address differences between elementary and secondary schools; and
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| (4) whether and how to allow school districts to
| | administer alternative bilingual education programs instead of transitional bilingual education programs.
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By no later than January 1, 2013, the Council shall submit a report to the State Superintendent of Education, the Governor, and the General Assembly addressing, at a minimum, the following questions:
(i) whether and how bilingual education programs
| | should be modified to be more flexible and achieve a higher success rate among Hispanic students in the classroom and on State assessments;
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| (ii) whether and how bilingual education programs
| | should be modified to increase parental involvement including the use of parent academies;
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| (iii) whether and how bilingual education programs
| | should be modified to increase cultural competency through a cultural competency program among bilingual teaching staff; and
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| (iv) whether and how the bilingual parent advisory
| | committees within school districts can be supported in order to increase the opportunities for parents to effectively express their views concerning the planning, operation, and evaluation of bilingual education programs.
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| Within one year of the effective date of this amendatory Act of the 103rd General Assembly, the Council shall deliver a report to the General Assembly on how to incentivize dual language instruction in schools. The report shall include: (i) expanding dual language programs and instruction, (ii) developing a strategic plan for scaling dual language programs, (iii) possible public-private partnerships to expand dual language programs, (iv) potential funding mechanisms and models, including how to leverage the use of existing State and federal resources and how to sustain funding for dual language programs, (v) how to build the supply of qualified teachers for dual language programs, including potential partnerships with private or nonprofit teacher preparation or development programs and college teacher preparation programs, potential alternative certification routes, exchange programs with other countries, and financial incentives, and (vi) standards for measuring student progress in dual language programs.
(b) For the purpose of this Section:
"Parent academies" means a series of parent development opportunities delivered throughout the school year to increase parents' ability to successfully navigate the education system and monitor their children's education. Parent academies are specifically designed for parents of students who are enrolled in any of the English Language Learner programs and are to be provided after work hours in the parents' native language. At a minimum, parent academies shall allow participants to do the following:
(1) understand and use their children's standardized
| | tests to effectively advocate for their children's academic success;
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| (2) learn home strategies to increase their
| | children's reading proficiency;
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| (3) promote homework completion as a successful daily
| | (4) establish a positive and productive connection
| | with their children's schools and teachers; and
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| (5) build the character traits that lead to academic
| | success, such as responsibility, persistence, a hard-work ethic, and the ability to delay gratification.
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| "Cultural competency program" means a staff development opportunity to increase the school staffs' ability to meet the social, emotional, and academic needs of culturally and linguistically diverse students and, at a minimum, allows participants to do the following:
(i) discuss the impact that our constantly changing,
| | highly technological and globalist society is having on Illinois' public education system;
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| (ii) analyze international, national, State, county,
| | district, and local students' performance data and the achievement gaps that persistently exist between groups;
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| (iii) realize the benefits and challenges of reaching
| | proficiency in cultural competency;
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| (iv) engage in conversations that lead to
| | self-awareness and greater insight regarding diversity; and
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| (v) learn strategies for building student-teacher
| | relationships and making instruction more comprehensible and relevant for all students.
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| (Source: P.A. 103-362, eff. 1-1-24 .)
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105 ILCS 5/Art. 15
(105 ILCS 5/Art. 15 heading)
ARTICLE 15.
COMMON SCHOOL LANDS
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105 ILCS 5/15-1
(105 ILCS 5/15-1) (from Ch. 122, par. 15-1)
Sec. 15-1.
Lands
constituting.
Section 16 in every township, the sections and parts of sections granted
in lieu of all or part of such section, shall be held as common school
lands.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-2
(105 ILCS 5/15-2) (from Ch. 122, par. 15-2)
Sec. 15-2.
Place
of transacting business.
All the business of a township relating to common school lands shall be
transacted in the county which contains all or the greater portion of such
lands.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/15-3
(105 ILCS 5/15-3) (from Ch. 122, par. 15-3)
Sec. 15-3.
Leases-Pooling agreements-Railroad rights of way and depot grounds.
The township land commissioners or trustees of schools in townships in
which Section 16, or lands granted in lieu thereof, remain unsold, or which
have title to any other school lands or real estate, may lease them for an
annual cash rent or for an annual grain rent or a combination of cash and
grain rent, or may lease them for drilling for oil and gas upon a royalty
basis. The lease shall be made by the president and the clerk, under the
direction of the township land commissioners or trustees of schools, with
the lessee or lessees, shall be in writing, shall be filed with the records
of the board, and a copy shall be transmitted to the county superintendent.
In case of default in the payment of rent the township land commissioners
or trustees shall at once proceed to collect it as may be provided by law
for the collection of rents by landlords. No lease under the provisions of
this Act shall be for a longer period than 5 years except when lands are
leased for the purpose of having permanent improvements made thereon, as in
cities and villages, and except when leased for oil and gas development and
drilling. The township land commissioners or trustees of schools which have
title to any school real estate or lands, whether the lands or real estate
are being used by any school district for school purposes or not, may lease
such real estate or lands, or any part thereof, for drilling for oil and
gas upon such terms as may be agreed upon. Where such a lease is made for
drilling for oil and gas, the township land commissioners or trustees of
schools may also enter into pooling agreements with the owners of adjacent
lands so that the township land commissioners or trustees of schools will
participate in royalties in proportion to their acreage ownership as to all
oil produced from any of the lands in the pooling agreements. This section
does not apply to cities having a population of over one hundred thousand
inhabitants.
The township land commissioners or trustees of schools of any township
may sell and convey to any railroad company a right of way across any
school lands of the township, and necessary depot grounds.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-4
(105 ILCS 5/15-4) (from Ch. 122, par. 15-4)
Sec. 15-4.
(Repealed).
(Source: Laws 1965, p. 3739. Repealed by P.A. 89-159, eff. 1-1-96.)
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105 ILCS 5/15-5
(105 ILCS 5/15-5) (from Ch. 122, par. 15-5)
Sec. 15-5.
Penalty for trespass.
Every trespasser upon common school lands is guilty of a petty offense
and shall be fined 3 times the amount of the injury occasioned by the
trespass.
(Source: P.A. 77-2267.)
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105 ILCS 5/15-6
(105 ILCS 5/15-6) (from Ch. 122, par. 15-6)
Sec. 15-6.
Disposition of penalties and fines.
All penalties and fines collected under the provisions of Sections 15-4
and 15-5 shall be paid to the school treasurer and added to the principal
of the township fund.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/15-7
(105 ILCS 5/15-7) (from Ch. 122, par. 15-7)
Sec. 15-7.
Sale of common school lands - Petition - Referendum.
When the inhabitants of any township desire the sale of the common
school lands thereof they shall present to the county superintendent of
the county in which the school lands of the township, or the greater
part thereof lie, a petition for their sale. The petition shall be
signed by at least two-thirds of the voters of the township in the
presence of at least 2 adult citizens of the township, after the meaning
and purpose thereof have been explained, and an affidavit must be
affixed thereto by the citizens witnessing the signing, which affidavit
shall state the number of inhabitants of the township 18 years of age
and over, and the petition so verified shall be delivered to the regional
superintendent for his action thereon. In townships having a population
of more than 10,000 inhabitants, the petition shall be signed by at
least 1/10 of the voters thereof and be delivered to the regional
superintendent. Upon the filing of any such petition with the regional
superintendent
he shall treat the petition in the manner provided by the general election
law, and shall certify the proposition to the proper election authorities
for submission to the voters of the township
at a regular scheduled election the proposition
to sell common school lands of
the township. In addition to the requirements of the general election law
the notice may be in the following form:
REFERENDUM FOR SALE OF COMMON
SCHOOL LANDS
Notice is hereby given that on.... the.... day of...., 1...., a referendum
will be held at.... for the purpose of voting "for" or "against" the proposition
to sell common school lands of the township, to-wit: (here insert description
of the lands). The polls will be opened at....
and closed at.... o'clock,.... M.
Regional Superintendent
If two-thirds of the
votes upon the proposition are in favor of the sale, the county
superintendent shall act thereon. No section shall be sold in any
township containing fewer than 200 inhabitants. Common school lands in
fractional townships may be sold when the number of acres are in, or
above, a ratio of 200 to 640 but not before, provided, that where the
lands sought to be sold are swamp or overflow lands, and are located in
a township containing less than 200 inhabitants, a petition signed by at
least two-thirds of the voters in the township shall be sufficient to
cause the regional superintendent to act thereon. All other proceedings
shall be the same as provided in this section. This section does not
prohibit the transfer of school land belonging to a city in trust for
the use of schools under the provisions of "An Act in relation to the
transfer of real estate owned by municipalities", approved July 2, 1925,
as amended, when the board of education of a city having a population
exceeding 100,000 inhabitants desires to convey such land to the city
comprising the school district of such board of education; and in case
of such transfer the limitations as to the size of the lot or tract of
land that may be conveyed contained in Sections 15-9 through 15-12,
shall not apply.
(Source: P.A. 81-1489.)
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105 ILCS 5/15-8
(105 ILCS 5/15-8) (from Ch. 122, par. 15-8)
Sec. 15-8.
Fractional townships united to adjacent township.
Any fractional township not having the requisite number of inhabitants
to petition for the sale of school lands, which has not heretofore been
united with any township for school purposes, and which does not contain a
sufficient number of inhabitants to maintain a free school, is hereby
attached for school purposes to the adjacent congressional township having
the longest territorial line bordering on such fractional township, and all
the provisions of this Article shall apply to such united townships the
same as though they were 1 township.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-9
(105 ILCS 5/15-9) (from Ch. 122, par. 15-9)
Sec. 15-9.
Notice
to trustees-Subdivision of land-Plat, roads, streets and alleys.
When the petition and affidavits are delivered to the county
superintendent, and the requisite number of votes are in favor of a sale,
he shall notify the trustees of the township or township land
commissioners, who shall immediately divide the land into tracts or lots of
such form and quantity as will produce the largest sum of money, and cause
a plat thereof to be made with each lot numbered and defined so that its
boundaries may be forever ascertained.
In subdividing common school lands, no lot shall contain more than 80
acres and the division may be into town or village lots, with roads,
streets or alleys between and through them. All such divisions are hereby
declared legal and all such roads, streets and alleys are declared to be
public highways.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-10
(105 ILCS 5/15-10) (from Ch. 122, par. 15-10)
Sec. 15-10.
Value fixed-Certification of plat-Plat and certificate to govern.
After the school lands have been subdivided and platted, the trustees of
schools or township land commissioners shall fix the value of each lot and
certify to the correctness of the plat, stating in the certificate the
value of each lot and describing it so that it may be identified. The plat
and certificate shall be delivered to the county superintendent and shall
govern him in advertising and selling such lands.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-11
(105 ILCS 5/15-11) (from Ch. 122, par. 15-11)
Sec. 15-11.
Notice of sale.
Upon receipt of the plat and certificate of valuation the county
superintendent shall advertise the sale of such land in lots, as divided
and platted, by publishing notice thereof once each week for 3 successive
weeks prior to the date of the sale in a newspaper published in the county
describing the land and stating the time, place and terms of the sale, and
shall be in the following form:
NOTICE OF SALE
Notice is hereby given that on the .... day of .... 1 ...., between the
hours of 10:00 A.M. and 6:00 P.M., the undersigned superintendent of
schools of .... county, will sell at public sale to the highest bidder, at
the .... door of the court house in ....(or on the premises), the following
described real estate, the same being school lands of township No. ....
range No. ...., as divided, and platted by the (township land
commissioners) (trustees of schools of said township), to-wit: (here insert
full and complete description of said premises). Said lands will be sold
for cash in hand, with the privilege to any purchaser of borrowing from the
undersigned the whole or part of the payment of his bid, for not less than
1 nor more than 5 years, upon his paying interest and giving security as
required in case of a loan obtained from the township fund.
Dated this .... day of .... 1 .....
A .... B ....
County Superintendent
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-12
(105 ILCS 5/15-12) (from Ch. 122, par. 15-12)
Sec. 15-12.
Conduct of sale.
Upon the day of sale, the county superintendent shall make sales by
beginning at the lowest numbered lot and proceeding regularly to the
highest numbered until they are all sold or offered. No lot shall be sold
for less than its valuation. The sale may continue from day to day. Each
lot shall be sold separately and offered long enough to enable any person
present to bid who so desires.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-13
(105 ILCS 5/15-13) (from Ch. 122, par. 15-13)
Sec. 15-13.
Payment of purchase price.
At the close of each day's sale the purchasers shall pay or secure the
payment of the purchase money. In case of a failure to do so by 10 a. m.
the succeeding day, the lot purchased shall again be offered at public
sale, on the terms as before. Regardless of whether or not the sale is made
the former purchaser shall be required to pay the difference between his
bid and the valuation of the lot, and if he fails to make such payment, the
county superintendent may forthwith institute a civil action in his name,
as superintendent, for the use of the inhabitants of the township where the
land lies, for the required sum; and upon making proof, shall be entitled
to judgment, with costs of suit which, when collected, shall be added to
the principal of the township fund.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-14
(105 ILCS 5/15-14) (from Ch. 122, par. 15-14)
Sec. 15-14.
Unsold lands subject to sale thereafter.
All lands not sold at public sale, as herein provided for, shall be
subject to sale at any time hereafter, at the valuation as provided in
Section 15-10, and the county superintendents shall, if possible, sell all
such lands at private sale, upon the terms at which they were offered at
public sale.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/15-15
(105 ILCS 5/15-15) (from Ch. 122, par. 15-15)
Sec. 15-15.
Valuation of unsold land.
Where common school lands have been valued under Section 15-10 and have
remained unsold for 2 years after having been offered for sale in
conformity to this Article, the trustees of schools or township land
commissioners where the lands are situated may, without any petition having
been filed, vacate the valuation thereof by an order entered in Book A of
the county superintendent, and make a new valuation. They shall make a new
valuation in the same manner as the former, and shall deliver to the county
superintendent a plat of the land at such new valuation with the order of
vacation, whereupon the county superintendent shall offer the land for sale
as if no former valuation has been made.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/15-16
(105 ILCS 5/15-16) (from Ch. 122, par. 15-16)
Sec. 15-16.
Certificate of purchase.
Upon the completion of every sale the county superintendent shall
deliver to the purchaser a certificate of purchase including the name and
residence of the purchaser and the price and description of the land.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-17
(105 ILCS 5/15-17) (from Ch. 122, par. 15-17)
Sec. 15-17.
Patents.
Every purchaser of common school lands shall be entitled to a patent
from the State, conveying and assuring the title. Patents shall be issued
by the Secretary of State from returns made to him by the county
superintendent, township land commissioners or county board of school
trustees as the case may be. They shall contain a description of the land
granted and shall be in the name of and signed by the Governor, with the
great seal of State affixed thereto by the Secretary of State, and shall
operate to vest in the purchaser a title in fee simple. When patents are so
executed the Secretary of State shall note on the list of sales the date of
each patent in such manner as to perpetuate the evidence of its date and
delivery and thereupon transmit it to the county superintendent of the
proper county, to be by him delivered to the patentee, his heirs, or
assigns, upon the return of the original certificate of purchase, which
certificate, when returned, shall be filed and preserved by the county
superintendent. All such patents for school lands, or certified copies
thereof from any record legally made, shall, after 10 years from the date
of the patent, and such sale having been acquiesced in for 10 years by the
inhabitants of the township in which the land so conveyed is situated, be
conclusive evidence as to the legality of the sale, and that the title to
such land was, at the date of patent, legally vested in the patentee.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-18
(105 ILCS 5/15-18) (from Ch. 122, par. 15-18)
Sec. 15-18.
Copies of lost certificates or patents.
Purchasers of common school lands, and their heirs or assigns, may
obtain certified copies or certificates of purchase and patents upon filing
an affidavit with the county superintendent in respect to certificates and
with the Secretary of State in respect to patents, proving the loss or
destruction of the originals, which copies shall have the effect of
originals.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-19
(105 ILCS 5/15-19) (from Ch. 122, par. 15-19)
Sec. 15-19.
Dedication of streets and highways.
The trustees of schools or township land commissioners may dedicate to
public use for street and highway purposes as much of the unimproved common
school lands as may be necessary to open or extend any street or highway
which may be ordered by the municipal authorities to be opened or extended,
if they are of the opinion that the benefit to accrue from the opening or
extending of such street or highway will compensate for the strip so
dedicated. It is unlawful for any street or other railroad company to lay
tracks on any strip of the common school lands so dedicated, or use them or
any part thereof for railroad or street railroad purposes, except upon the
purchase or lease thereof from the proper authorities or upon payment to
the school fund of the township of the value of such use or land the same
as if no street or highway had been laid out thereon, to be determined by
condemnation proceedings. This section does not affect existing leases or
contracts for the lease or purchase of common school lands.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-20
(105 ILCS 5/15-20) (from Ch. 122, par. 15-20)
Sec. 15-20.
Books to be kept.
The county superintendent shall keep 3 books, to be known and designated
by the letters A, B, and C. In book A he shall record at length all
petitions presented to him for the sale of common school lands, the plats
and certificates of valuation made by or under the direction of the
trustees of schools, or the township land commissioners, and the affidavits
in relation to the same. In book B he shall keep an account of all sales of
common school lands, including the date of sale, name of purchaser,
description of land sold and the selling price. In book C he shall keep a
regular account of all moneys received or paid out; from whom received, on
what account, showing whether it is principal or interest, the rate of
interest, and a description of the real estate taken as security; if paid
out, to whom, when, and on what account, the amount of the sales and the
account of each township fund to be kept separate.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-21
(105 ILCS 5/15-21) (from Ch. 122, par. 15-21)
Sec. 15-21.
Statements to be presented.
At the regular meeting of the county board in each year the county
superintendent shall present, first, a statement showing the sales of
school lands made subsequent to the first regular term of the previous
year, which shall be a copy of the sale book (book B); second, a statement
of the amount of money received, paid, and in hand, belonging to each
township or fund under his control, the statement of each fund to be
separate; third, a statement copied from his loan book (book C), showing
all the facts in regard to loans which are required to be stated in the
loan book.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-22
(105 ILCS 5/15-22) (from Ch. 122, par. 15-22)
Sec. 15-22.
Record of report and statement.
The county clerk shall record and preserve the report of the county
superintendent made to the county board at its first regular meeting in
each year relating to the sale of school lands, the amount of money
received, paid, loaned out and on hand, belonging to each township fund in
his control, and the statement copied from the loan book of such county
superintendent, showing all the facts in regard to loans which are required
to be stated in the loan book.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-23
(105 ILCS 5/15-23) (from Ch. 122, par. 15-23)
Sec. 15-23.
Common school lands.
The provisions of Sections 15-1 through 15-19, of this Article shall
have no application to the sale of any of the common school lands of any
township to a school district located within the township for use as a
schoolhouse site, and the trustees of schools or township land
commissioners in any township in which Section 16 or land granted in lieu
thereof remains unsold may sell to the governing body of any such school
district any tract of said common school lands where such tract has been
legally selected as a schoolhouse site for said district.
Where any tract of the common school lands of the township has been
legally selected as a schoolhouse site by the voters of any school district
within the township, the governing body of such school district may adopt a
resolution reciting the fact that the voters have legally selected such
tract as a schoolhouse site, describing it, setting forth the date of the
election and the fact that a majority of the voters voting at the election
selected the said tract as a schoolhouse site, and requesting the trustees
of schools, or township land commissioners upon payment to them of not to
exceed the sum authorized by the voters to be paid for any such tract, to
execute an instrument indicating that said trustees of schools or township
land commissioners of the township hold title to said tract for the use and
benefit of such school district. A certified copy of such resolution shall
be filed with the Clerk of the trustees of schools or township land
commissioners, and it shall be the duty of said trustees of schools or
township land commissioners of such township upon the filing of a certified
copy of such resolution with the Clerk of the trustees of schools, or
township land commissioners to execute an instrument of conveyance or an
instrument of declaration, indicating that they hold title to such property
for the use and benefit of said school district, which shall be filed of
record in the office of the recorder.
Notwithstanding the foregoing provisions of this Section, if the school
district is a school district located in a Class I county school unit, or if
the school district is a school district that has withdrawn from the
jurisdiction and authority of the trustees of schools of a township and the
township treasurer under subsection (b) of Section 5-1, the resolution of the
school board shall request the trustees of schools, township land
commissioners, regional board of school trustees, or other school officials
having title to the property, upon payment to them of not to exceed the sum
authorized by the voters, to deliver to the school board a deed, executed by
their president and their clerk or secretary, conveying good legal title to the
property selected as a schoolhouse site to the school board of the school
district.
(Source: P.A. 88-155.)
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105 ILCS 5/15-24
(105 ILCS 5/15-24) (from Ch. 122, par. 15-24)
Sec. 15-24.
Management of permanent funds.
The common school lands and township loanable funds in Class I
counties shall be managed and operated by township land commissioners
who shall receive no salary. In counties of fewer than 220,000
inhabitants, there shall be 3 land commissioners, who shall be elected
in the same manner as provided for the election of school directors, who
shall serve the same terms as school directors and shall be organized in
the same manner as school directors. In counties having 220,000
inhabitants or more but fewer than 2,000,000 inhabitants, the members of
the regional board of school trustees shall be the township land
commissioners, except that township land commissioners elected in any
such county prior to the effective date of this amendatory Act of 1963
shall continue to serve until the end of the term for which they were
elected. The township land commissioners shall hold title to, manage and
operate all common school lands and township loanable funds of such
township and receive the rents, issues and profits therefrom. Elections
shall be conducted in accordance with the general election law. The land commissioners
shall appoint a treasurer for a term of 2 years and fix his salary which
shall not be changed during such term. The proceeds of the rents, issues
and profits from such land and fund shall be promptly deposited with him
upon its receipt by the land commissioners. After the payment of the
necessary expenses incidental to the operation of such land and fund by
orders drawn on the treasurer and signed by the president and secretary
of the land commissioners, including actual expenses of the land
commissioners, the net income from such land and fund including
accumulated income undistributed at the effective date of this Act
shall, upon an order drawn by such treasurer and signed by the president
and secretary of such township land commissioners be distributed
annually on or before February 1 as provided in this Act.
(Source: P.A. 86-225.)
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