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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-5

    (105 ILCS 5/14A-5)
    Sec. 14A-5. Applicability. This Article applies beginning with the 2006-2007 school year.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-10

    (105 ILCS 5/14A-10)
    Sec. 14A-10. Legislative findings. The General Assembly finds the following:
        (1) that gifted and talented children (i) exhibit
    
high performance capabilities in intellectual, creative, and artistic areas, (ii) possess an exceptional leadership potential, (iii) excel in specific academic fields, and (iv) have the potential to be influential in business, government, health care, the arts, and other critical sectors of our economic and cultural environment;
        (2) that gifted and talented children require
    
services and activities that are not ordinarily provided by schools;
        (3) that outstanding talents are present in children
    
and youth from all cultural groups, across all economic strata, and in all areas of human endeavor; and
        (4) that inequitable access to advanced coursework
    
and enrollment in accelerated placement programs exists between children enrolled in different school districts and even within the same school district and more must be done to eliminate the barriers to access to advanced coursework and enrollment in accelerated placement programs for all children.
(Source: P.A. 101-654, eff. 3-8-21.)

105 ILCS 5/14A-15

    (105 ILCS 5/14A-15)
    Sec. 14A-15. Purpose. The purpose of this Article is to provide encouragement, assistance, and guidance to school districts in the development and improvement of educational programs for gifted and talented children and children eligible for accelerated placement as defined in Sections 14A-20 and 14A-17 of this Code. School districts shall continue to have the authority and flexibility to design education programs for gifted and talented children in response to community needs, but these programs must comply with the requirements established in Section 14A-30 of this Code by no later than September 1, 2006 in order to merit approval by the State Board of Education in order to qualify for State funding for the education of gifted and talented children, should such funding become available.
(Source: P.A. 100-421, eff. 7-1-18.)

105 ILCS 5/14A-17

    (105 ILCS 5/14A-17)
    Sec. 14A-17. Accelerated placement; advanced academic program. For purposes of this Article, "accelerated placement" means the placement of a child in an educational setting with curriculum that is usually reserved for children who are older or in higher grades than the child. "Accelerated placement" under this Article or other school district-adopted policies shall include, but need not be limited to, the following types of acceleration: early entrance to kindergarten or first grade, accelerating a child in a single subject, and grade acceleration.
    "Advanced academic program" means a course of study, including, but not limited to, accelerated placement, advanced placement coursework, International Baccalaureate coursework, dual credit, or any course designated as enriched or honors, that a student is enrolled in based on the student's advanced cognitive ability or advanced academic achievement compared to local age peers and in which the curriculum is substantially differentiated from the general curriculum to provide appropriate challenge and pace.
(Source: P.A. 103-263, eff. 6-30-23.)

105 ILCS 5/14A-20

    (105 ILCS 5/14A-20)
    Sec. 14A-20. Gifted and talented children. For purposes of this Article, "gifted and talented children" means children and youth with outstanding talent who perform or show the potential for performing at remarkably high levels of accomplishment when compared with other children and youth of their age, experience, and environment. A child shall be considered gifted and talented in any area of aptitude, and, specifically, in language arts and mathematics, by scoring in the top 5% locally in that area of aptitude.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

105 ILCS 5/14A-25

    (105 ILCS 5/14A-25)
    Sec. 14A-25. Non-discrimination. Eligibility for participation in programs established pursuant to this Article shall be determined solely through identification of a child as gifted, talented, or eligible for accelerated placement. No program or placement shall condition participation upon race, religion, sex, disability, or any factor other than the identification of the child as gifted, talented, or eligible for placement.
(Source: P.A. 100-421, eff. 7-1-18.)

105 ILCS 5/14A-30

    (105 ILCS 5/14A-30)
    Sec. 14A-30. Funding of local gifted education programs. A local program for the education of gifted and talented children may be approved for funding by the State Board of Education, pursuant to a request for proposals process, if funds for that purpose are available and, beginning with the beginning of the 2010-2011 academic year, if the local program submits an application for funds that includes a comprehensive plan (i) showing that the applicant is capable of meeting a portion of the following requirements, (ii) showing the program elements currently in place and a timeline for implementation of other elements, and (iii) demonstrating to the satisfaction of the State Board of Education that the applicant is capable of implementing a program of gifted education consistent with this Article:
        (1) The use of assessment instruments, such as
    
nonverbal ability tests and tests in students' native languages, and a selection process that is equitable to and inclusive of underrepresented groups, including low-income students, minority students, students with disabilities, twice-exceptional students, and English learners.
        (2) A priority emphasis on language arts and
    
mathematics.
        (3) The use of multiple valid assessments that assess
    
both demonstrated achievement and potential for achievement, including cognitive ability tests and general or subject specific achievement tests, applied universally to all students, and appropriate for the content focus of the gifted services that will be provided. School districts and schools may add other local, valid assessments, such as portfolios. Assessments and selection processes must ensure multiple pathways into the program.
        (4) The use of score ranges on assessments that are
    
appropriate for the school or district population, including the use of local norms for achievement to identify high potential students.
        (5) A process of identification of gifted and
    
talented children that is of equal rigor in each area of aptitude addressed by the program.
        (6) The use of identification procedures that
    
appropriately correspond with the planned programs, curricula, and services.
        (7) A fair and equitable decision-making process.
        (8) The availability of a fair and impartial appeal
    
process within the school, school district, or cooperative of school districts operating a program for parents or guardians whose children are aggrieved by a decision of the school, school district, or cooperative of school districts regarding eligibility for participation in a program.
        (9) Procedures for annually informing the community
    
at-large, including parents, about the program and the methods used for the identification of gifted and talented children.
        (10) Procedures for notifying parents or guardians of
    
a child of a decision affecting that child's participation in a program.
        (11) A description of how gifted and talented
    
children will be grouped and instructed in order to maximize the educational benefits the children derive from participation in the program, including curriculum modifications and options that accelerate and add depth and complexity to the curriculum content.
        (12) An explanation of how the program emphasizes
    
higher-level skills attainment, including problem-solving, critical thinking, creative thinking, and research skills, as embedded within relevant content areas.
        (13) A methodology for measuring academic growth for
    
gifted and talented children and a procedure for communicating a child's progress to his or her parents or guardian, including, but not limited to, a report card.
        (14) The collection of data on growth in learning for
    
children in a program for gifted and talented children and the reporting of the data to the State Board of Education.
        (15) The designation of a supervisor responsible for
    
overseeing the educational program for gifted and talented children.
        (16) A showing that the certified teachers who are
    
assigned to teach gifted and talented children understand the characteristics and educational needs of children and are able to differentiate the curriculum and apply instructional methods to meet the needs of the children.
        (17) Plans for the continuation of professional
    
development for staff assigned to the program serving gifted and talented children.
(Source: P.A. 99-706, eff. 7-29-16.)

105 ILCS 5/14A-32

    (105 ILCS 5/14A-32)
    Sec. 14A-32. Accelerated placement; school district responsibilities.
    (a) Each school district shall have a policy that allows for accelerated placement that includes or incorporates by reference the following components:
        (1) a provision that provides that participation in
    
accelerated placement is not limited to those children who have been identified as gifted and talented, but rather is open to all children who demonstrate high ability and who may benefit from accelerated placement;
        (2) a fair and equitable decision-making process that
    
involves multiple persons and includes a student's parents or guardians;
        (3) procedures for notifying parents or guardians of
    
a child of a decision affecting that child's participation in an accelerated placement program; and
        (4) an assessment process that includes multiple
    
valid, reliable indicators.
    (a-5) By no later than the beginning of the 2023-2024 school year, a school district's accelerated placement policy shall allow for the automatic enrollment, in the following school term, of a student into the next most rigorous level of advanced coursework offered by the high school if the student meets or exceeds State standards in English language arts, mathematics, or science on a State assessment administered under Section 2-3.64a-5 as follows:
        (1) A student who meets or exceeds State standards in
    
English language arts shall be automatically enrolled into the next most rigorous level of advanced coursework in English, social studies, humanities, or related subjects.
        (2) A student who meets or exceeds State standards in
    
mathematics shall be automatically enrolled into the next most rigorous level of advanced coursework in mathematics.
        (3) A student who meets or exceeds State standards in
    
science shall be automatically enrolled into the next most rigorous level of advanced coursework in science.
    For a student entering grade 12, the next most rigorous level of advanced coursework in English language arts or mathematics shall be a dual credit course, as defined in the Dual Credit Quality Act, an Advanced Placement course, as defined in Section 10 of the College and Career Success for All Students Act, or an International Baccalaureate course; otherwise, the next most rigorous level of advanced coursework under this subsection (a-5) may include a dual credit course, as defined in the Dual Credit Quality Act, an Advanced Placement course, as defined in Section 10 of the College and Career Success for All Students Act, an International Baccalaureate course, an honors class, an enrichment opportunity, a gifted program, or another program offered by the district.
    A school district may use the student's most recent State assessment results to determine whether a student meets or exceeds State standards. For a student entering grade 9, results from the State assessment taken in grades 6 through 8 may be used. For other high school grades, the results from a locally selected, nationally normed assessment may be used instead of the State assessment if those results are the most recent.
    A school district must provide the parent or guardian of a student eligible for automatic enrollment under this subsection (a-5) with the option to instead have the student enroll in alternative coursework that better aligns with the student's postsecondary education or career goals.
    Nothing in this subsection (a-5) may be interpreted to preclude other students from enrolling in advanced coursework per the policy of a school district.
    (b) Further, a school district's accelerated placement policy may include or incorporate by reference, but need not be limited to, the following components:
        (1) procedures for annually informing the community
    
at-large, including parents or guardians, community-based organizations, and providers of out-of-school programs, about the accelerated placement program and the methods used for the identification of children eligible for accelerated placement, including strategies to reach groups of students and families who have been historically underrepresented in accelerated placement programs and advanced coursework;
        (2) a process for referral that allows for multiple
    
referrers, including a child's parents or guardians; other referrers may include licensed education professionals, the child, with the written consent of a parent or guardian, a peer, through a licensed education professional who has knowledge of the referred child's abilities, or, in case of possible early entrance, a preschool educator, pediatrician, or psychologist who knows the child;
        (3) a provision that provides that children
    
participating in an accelerated placement program and their parents or guardians will be provided a written plan detailing the type of acceleration the child will receive and strategies to support the child;
        (4) procedures to provide support and promote success
    
for students who are newly enrolled in an accelerated placement program;
        (5) a process for the school district to review and
    
utilize disaggregated data on participation in an accelerated placement program to address gaps among demographic groups in accelerated placement opportunities; and
        (6) procedures to promote equity, which may
    
incorporate one or more of the following evidence-based practices:
            (A) the use of multiple tools to assess
        
exceptional potential and provide several pathways into advanced academic programs when assessing student need for advanced academic or accelerated programming;
            (B) providing enrichment opportunities starting
        
in the early grades to address achievement gaps that occur at school entry and provide students with opportunities to demonstrate their advanced potential;
            (C) the use of universal screening combined with
        
local school-based norms for placement in accelerated and advanced learning programs;
            (D) developing a continuum of services to
        
identify and develop talent in all learners ranging from enriched learning experiences, such as problem-based learning, performance tasks, critical thinking, and career exploration, to accelerated placement and advanced academic programming; and
            (E) providing professional learning in gifted
        
education for teachers and other appropriate school personnel to appropriately identify and challenge students from diverse cultures and backgrounds who may benefit from accelerated placement or advanced academic programming.
    (c) The State Board of Education shall adopt rules to determine data to be collected and disaggregated by demographic group regarding accelerated placement, including the rates of students who participate in and successfully complete advanced coursework, and a method of making the information available to the public.
    (d) On or before November 1, 2022, following a review of disaggregated data on the participation and successful completion rates of students enrolled in an accelerated placement program, each school district shall develop a plan to expand access to its accelerated placement program and to ensure the teaching capacity necessary to meet the increased demand.
(Source: P.A. 102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for effective date of P.A. 102-209); 103-263, eff. 6-30-23.)

105 ILCS 5/14A-35

    (105 ILCS 5/14A-35)
    Sec. 14A-35. Administrative functions of the State Board of Education for gifted and talented children programs.
    (a) The State Board of Education must designate a staff person who shall be in charge of educational programs for gifted and talented children. This staff person shall, at a minimum, (i) be responsible for developing an approval process for educational programs for gifted and talented children by no later than September 1, 2006, (ii) receive and maintain the written descriptions of all programs for gifted and talented children in the State, (iii) collect and maintain the annual growth in learning data submitted by a school, school district, or cooperative of school districts, (iv) identify potential funding sources for the education of gifted and talented children, and (v) serve as the main contact person at the State Board of Education for program supervisors and other school officials, parents, and other stakeholders regarding the education of gifted and talented children.
    (b) Subject to the availability of funds for these purposes, the State Board of Education may perform a variety of additional administrative functions with respect to the education of gifted and talented children, including, but not limited to, supervision, quality assurance, compliance monitoring, and oversight of local programs, analysis of performance outcome data submitted by local educational agencies, the establishment of personnel standards, and a program of personnel development for teachers and administrative personnel in the education of gifted and talented children.
(Source: P.A. 100-421, eff. 7-1-18.)

105 ILCS 5/14A-40

    (105 ILCS 5/14A-40)
    Sec. 14A-40. Advisory Council. There is hereby created an Advisory Council on the Education of Gifted and Talented Children to consist of 7 members appointed by the State Superintendent of Education. Upon initial appointment, 4 members of the Advisory Council shall serve terms through January 1, 2007 and 3 members shall serve terms through January 1, 2009. Thereafter, members shall serve 4-year terms. Upon the expiration of the term of a member, that member shall continue to serve until a replacement is appointed. The Council shall meet at least 3 times each year. The Council shall organize with a chairperson selected by the State Superintendent of Education. Members of the Council shall serve without compensation, but shall be reimbursed for their travel to and from meetings and other reasonable expenses in connection with meetings if approved by the State Board of Education.
    The State Board of Education shall consider recommendations for membership on the Council from organizations of educators and parents of gifted and talented children and other groups with an interest in the education of gifted and talented children. The members appointed shall be residents of the State and be selected on the basis of their knowledge of, or experience in, programs and problems of the education of gifted and talented children.
    The State Superintendent of Education shall seek the advice of the Council regarding all rules and policies to be adopted by the State Board relating to the education of gifted and talented children. The staff person designated pursuant to subsection (a) of Section 14A-35 of this Code shall serve as the State Board of Education's liaison to the Council. The State Board of Education shall provide necessary clerical support and assistance in order to facilitate meetings of the Council.
(Source: P.A. 94-151, eff. 7-8-05; 94-410, eff. 8-2-05.)

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.)

105 ILCS 5/Art. 14C

 
    (105 ILCS 5/Art. 14C heading)
ARTICLE 14C. TRANSITIONAL BILINGUAL EDUCATION

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.)

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.)

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.)

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.
        (2) The child's level of English proficiency, how
    
this level was assessed, and the child's current level of academic achievement.
        (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.
        (4) How the program will meet the educational
    
strengths and needs of the child.
        (5) How the program will specifically help the child
    
to learn English and to meet academic achievement standards for grade promotion and graduation.
        (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.
        (7) How the program meets the objectives of the
    
child's individual educational program (IEP), if applicable.
        (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.
        (9) The right of the parents to have the child
    
immediately removed from the program upon request.
        (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.
    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.)

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.)

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.)

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.)

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.)

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.)

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.)

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.)

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.)

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;
        (2) whether and how educator certification
    
requirements in this Article 14C and applicable State Board of Education rules should be modified;
        (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
        (4) whether and how to allow school districts to
    
administer alternative bilingual education programs instead of transitional bilingual education programs.
    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;
        (ii) whether and how bilingual education programs
    
should be modified to increase parental involvement including the use of parent academies;
        (iii) whether and how bilingual education programs
    
should be modified to increase cultural competency through a cultural competency program among bilingual teaching staff; and
        (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.
    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;
        (2) learn home strategies to increase their
    
children's reading proficiency;
        (3) promote homework completion as a successful daily
    
routine;
        (4) establish a positive and productive connection
    
with their children's schools and teachers; and
        (5) build the character traits that lead to academic
    
success, such as responsibility, persistence, a hard-work ethic, and the ability to delay gratification.
    "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;
        (ii) analyze international, national, State, county,
    
district, and local students' performance data and the achievement gaps that persistently exist between groups;
        (iii) realize the benefits and challenges of reaching
    
proficiency in cultural competency;
        (iv) engage in conversations that lead to
    
self-awareness and greater insight regarding diversity; and
        (v) learn strategies for building student-teacher
    
relationships and making instruction more comprehensible and relevant for all students.
(Source: P.A. 103-362, eff. 1-1-24.)

105 ILCS 5/Art. 15

 
    (105 ILCS 5/Art. 15 heading)
ARTICLE 15. COMMON SCHOOL LANDS

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.)

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.)

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.)

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.)

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.)