Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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SCHOOLS105 ILCS 5/23-5
(105 ILCS 5/) School Code.
(105 ILCS 5/23-5)
(from Ch. 122, par. 23-5)
Any such association shall admit to its membership any school board
whose district lies wholly or in part within the area covered by the
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-6
(105 ILCS 5/23-6)
(from Ch. 122, par. 23-6)
Each association shall make an annual report within 60 days after the
close of its fiscal year to the Governor, the State Board of Education
and the regional
superintendent of schools of each region in
which it has members, setting forth the activities of the association
for the preceding fiscal year, the institutes held, the subjects
discussed, and the attendance, and shall furnish the Governor, the
State Board of Education and
such regional superintendents
with copies of all publications sent to its members.
(Source: P.A. 81-1508.)
105 ILCS 5/23-7
(105 ILCS 5/23-7)
(from Ch. 122, par. 23-7)
Compensation and expenses.
No school board member shall receive any compensation for service
rendered to any such association, whether as an officer or otherwise, but
shall be entitled to reimbursement for expenses actually incurred in the
work of such association.
(Source: Laws 1961, p. 31.)
105 ILCS 5/23-8
(105 ILCS 5/23-8)
(from Ch. 122, par. 23-8)
Each association shall perform such duties and exercise such powers as
if it were a state institution for the purposes of Article 16 of the
"Illinois Pension Code", approved March 18, 1963, as amended.
(Source: Laws 1965, p. 3746.)
105 ILCS 5/Art. 24
(105 ILCS 5/Art. 24 heading)
EMPLOYMENT OF TEACHERS--TENURE--DUTIES OF TEACHERS
105 ILCS 5/24-1
(105 ILCS 5/24-1)
(from Ch. 122, par. 24-1)
Appointment-Salaries-Payment-School month-School term.)
School boards shall appoint all teachers, determine qualifications of
and fix the amount of their
salaries subject to limitation set forth in this Act. They shall pay
the wages of teachers monthly, subject, however, to the provisions of
Section 24-21. The school month shall be the same as the calendar month
but by resolution the school board may adopt for its use a month of 20
days, including holidays. The school term shall consist of at least the
minimum number of pupil attendance days required by Section 10-19, any
additional legal school holidays, days of teachers' institutes, or
equivalent professional educational experiences, and one or two days at
the beginning of the school term when used as a teachers' workshop.
(Source: P.A. 80-249.)
105 ILCS 5/24-1.1
(105 ILCS 5/24-1.1)
(from Ch. 122, par. 24-1.1)
Employment of public school employees by nonpublic schools.
Employees of public schools may be employed on a part-time or temporary
basis by private or parochial schools, providing that such employment is
in no way connected with or subsidized by their public school employment,
and provided further that such private or parochial employment does not
conflict or interfere with an employee's public school duties.
(Source: P.A. 80-287.)
105 ILCS 5/24-1.5
(105 ILCS 5/24-1.5)
New or vacant teaching positions.
A school district's selection of a candidate for a new or vacant teaching position not otherwise required to be filled pursuant to Section 24-12 of this Code must be based upon the consideration of factors that include without limitation certifications, qualifications, merit and ability (including performance evaluations, if available), and relevant experience, provided that the length of continuing service with the school district must not be considered as a factor, unless all other factors are determined by the school district to be equal. A school district's decision to select a particular candidate to fill a new or vacant position is not subject to review under grievance resolution procedures adopted pursuant to subsection (c) of Section 10 of the Illinois Educational Labor Relations Act, provided that, in making such a decision, the district does not fail to adhere to procedural requirements in a collective bargaining agreement relating to the filling of new or vacant teaching positions. Provisions regarding the filling of new and vacant positions in a collective bargaining agreement between a school district and the exclusive bargaining representative of its teachers in existence on the effective date of this amendatory Act of the 97th General Assembly shall remain in full force and effect for the term of the agreement, unless terminated by mutual agreement.
Nothing in this amendatory Act of the 97th General Assembly (i) limits or otherwise impacts school districts' management right to hire new employees, (ii) affects what currently is or may be a mandatory subject of bargaining under the Illinois Educational Labor Relations Act, or (iii) creates a statutory cause of action for a candidate or a candidate's representative to challenge a school district's selection decision based on the school district's failure to adhere to the requirements of this Section.
(Source: P.A. 97-8, eff. 6-13-11.)
105 ILCS 5/24-2
(105 ILCS 5/24-2)
(from Ch. 122, par. 24-2)
(a) Teachers shall not be required
to teach on Saturdays, nor, except as provided in subsection (b) of this Section, shall teachers or other school
employees, other than noncertificated school employees whose presence is
necessary because of an emergency or for the continued operation and
maintenance of school facilities or property, be
required to work on legal school
holidays, which are January 1, New Year's Day; the third Monday in
January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the
first Monday in March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law; July 4,
Independence Day; the first Monday in September, Labor Day; the second Monday
in October, Columbus Day; November 11, Veterans' Day; the Thursday in
November commonly called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their judgment such
action is advisable. No deduction shall
be made from the time or
compensation of a school employee on account of any legal
or special holiday.
(b) A school board or other entity eligible to apply for waivers and modifications under Section 2-3.25g of this Code is authorized to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on the third Monday in January (the Birthday of Dr. Martin Luther King, Jr.); February 12 (the Birthday of President Abraham Lincoln); the first Monday in March (known as Casimir Pulaski's birthday); the second Monday in October (Columbus Day); and November 11 (Veterans' Day), provided that:
(1) the person or persons honored by the holiday are
recognized through instructional activities conducted on that day or, if the day is not used for student attendance, on the first school day preceding or following that day; and
(2) the entity that chooses to exercise this
authority first holds a public hearing about the proposal. The entity shall provide notice preceding the public hearing to both educators and parents. The notice shall set forth the time, date, and place of the hearing, describe the proposal, and indicate that the entity will take testimony from educators and parents about the proposal.
(c) Commemorative holidays, which recognize specified patriotic, civic,
cultural or historical persons, activities, or events, are regular school
holidays are: January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), the school day
immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and Afghanistan Veterans Remembrance Day), December 7 (Pearl Harbor Veterans' Day), and
any day so appointed by the President or
Governor. School boards may establish commemorative holidays whenever in
their judgment such action is advisable.
School boards shall include instruction relative to commemorated persons,
events on the commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction may be deemed
appropriate. The State Board of Education shall prepare and make available
to school boards instructional materials relative to commemorated persons,
or events which may be used by school boards in conjunction with any
instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe March 4 of each year as
a commemorative holiday. This holiday shall be known as Mayors' Day which
shall be a day to commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late Mayor Richard
J. Daley and the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the following Monday.
(Source: P.A. 98-156, eff. 8-2-13.)
105 ILCS 5/24-3
(105 ILCS 5/24-3)
(from Ch. 122, par. 24-3)
Attendance at teachers' institute.
The days in any school year spent by a teacher or educational support personnel during the term time
spent in attendance upon a teachers' institute or equivalent professional
educational experiences held under the direction of the county
superintendent of schools shall be considered time expended in the service
of the district and no deduction of wages shall be made for such
attendance. The board may make a pro-rata deduction from the salary of
any teacher or educational support personnel who fail or refuse to attend such institute, unless, in the case of educational support personnel, they are exempt from attending.
The boards shall close the schools for county institute.
(Source: P.A. 97-525, eff. 1-1-12.)
105 ILCS 5/24-4
(105 ILCS 5/24-4)
(from Ch. 122, par. 24-4)
The color, race, sex, nationality, religion or religious affiliation
of any applicant seeking employment either as a superintendent, principal,
teacher or otherwise in the public elementary or high schools, shall not
be considered either a qualification or disqualification for any such employment.
Nor shall color, race, sex, nationality, religion or religious affiliation
be considered in assigning any person to an office or position or to any
school in the school system. If any member of a school board, superintendent,
principal or other school officer violates the foregoing provision or directly
or indirectly requires, asks or seeks information concerning the color,
race, sex, nationality, religion or religious affiliation of any person
in connection with his employment or assignment, or if any person, agency,
bureau, corporation or association employed or maintained to obtain or aid
in obtaining employment of the kind described, directly or indirectly requires,
asks, seeks, indicates or transmits orally or in writing information concerning
the color, race, sex, nationality, religion or religious affiliation of
an applicant for such employment, with the intent to influence such appointment,
he shall be liable to a penalty of not less than $100 nor more than $500,
to be recovered by the person aggrieved thereby in any court of competent
jurisdiction, and he shall be guilty of a Class B misdemeanor.
(Source: P.A. 81-1509.)
105 ILCS 5/24-4.1
(105 ILCS 5/24-4.1)
(from Ch. 122, par. 24-4.1)
Residence requirements.) Residency within any school district
shall not be considered in determining the employment or the compensation
of a teacher or whether to retain, promote, assign or transfer that teacher.
(Source: P.A. 82-381.)
105 ILCS 5/24-5
(105 ILCS 5/24-5)
(from Ch. 122, par. 24-5)
Physical fitness and professional growth.
(a) In this Section, "employee" means any employee of a school district, a student teacher, an employee of a contractor that provides services to students or in schools, or any other individual subject to the requirements of Section 10-21.9 or 34-18.5 of this Code.
(b) School boards shall require of new employees evidence of physical
fitness to perform duties assigned and freedom from communicable disease. Such evidence shall consist of a physical
by a physician licensed in Illinois or any other state to practice medicine
and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant not more than 90 days preceding time of
presentation to the board, and the cost of such examination shall rest with the
employee. A new or existing employee may be subject to additional health examinations, including screening for tuberculosis, as required by rules adopted by the Department of Public Health or by order of a local public health official. The board may from time to time require an examination of any
employee by a physician licensed in Illinois to practice medicine and
surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant and shall pay the expenses thereof from school
(c) School boards may require teachers in their employ to furnish from
time to time evidence of continued professional growth.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18