2023 Illinois Compiled Statutes › Chapter 105 - SCHOOLS › 105 ILCS 5/ - School Code. › Article 22 - General Provisions--Penalties--Liabilities

(105 ILCS 5/Art. 22 heading)
ARTICLE 22.  
		GENERAL PROVISIONS--PENALTIES--LIABILITIES
(105 ILCS 5/22-1) (from Ch. 122, par. 22-1)
Sec. 22-1. 
		Trustees and similar officers-No pecuniary compensation.
Trustees of schools, school directors or other school officers
performing like duties shall receive no pecuniary compensation.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/22-2) (from Ch. 122, par. 22-2)
Sec. 22-2. 
		
		Cost
of official bonds.
Every school district shall be subject to the provisions of "An Act
relating to the payment of the cost of corporate suretyship and indemnity
upon official bonds", approved June 7, 1897, as amended.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/22-3) (from Ch. 122, par. 22-3)
Sec. 22-3. 
		Enforcement of judgments - Service of process - Costs. 
		If judgment is obtained against any county board of school trustees,
trustees of schools or school board, the party entitled to the benefit
of the judgment may have enforcement thereof as
follows: the court in
which the judgment is entered or to which it may be removed by
transcript from the circuit court shall enter an order commanding the
directors, trustees and school treasurer to cause
the amount thereof with interest and costs to be paid to the party
entitled to the benefit of the judgment, out of any moneys of the
township or district unappropriated, or if there are no such moneys, out
of the first moneys applicable to the payment of the kind of services or
indebtedness for which the judgment is entered which shall be received
for the use of the township or district. The court may enforce
obedience to such order by body attachment or by mandamus,
requiring such
board to levy a tax for the payment of the judgment. All judicial
processes to enforce payment, shall be served either
on the president or the clerk of the board.
No official shall charge any costs in any action in which any school
officer, school corporation or any agent of any school fund, suing for
the recovery thereof, or any interest due thereon, is plaintiff, and is
unsuccessful in the action; nor in case the costs cannot be recovered from
the defendant by reason of his or her insolvency.
(Source: P.A. 83-346.)
(105 ILCS 5/22-4)
Sec. 22-4. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
(105 ILCS 5/22-5) (from Ch. 122, par. 22-5)
Sec. 22-5. 
		
		Interest of officers or teachers in books, apparatus or
furniture.
No State, county, township, or district school officer or teacher
shall be interested in the sale, proceeds or profits of any book,
apparatus or furniture used or to be used in any school with which such
officer or teacher may be connected, except when the interest of the
teacher is based upon authorship or development of instructional
materials listed with the State Board of Education in compliance with
the provisions of Article 28 of this Act
and adopted for use by a school board subject to Section 10-20.8 of this
Act. Each teacher having an interest in instructional materials shall
file an annual statement so certifying with the secretary of the board
of the school district which employs him. Any such officer or teacher
who violates the provisions of this Section shall be guilty of a Class A
misdemeanor.
(Source: P.A. 81-1508.)
(105 ILCS 5/22-6) (from Ch. 122, par. 22-6)
Sec. 22-6. 
		Conversion of funds by officers. 
		
		If any county superintendent, trustee of schools, township treasurer,
director or other person entrusted with the care, control, management or
disposition of any school, college, seminary or township fund for the use
of any county, township, district or school converts such funds, or any
part thereof, to his own use he shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
(105 ILCS 5/22-6.5)
Sec. 22-6.5. 
		False statement or material omission; Class A misdemeanor. 
		 Any
person who applies for employment as a teacher, principal, superintendent, or
other certificated employee of a school board of any school district, including
a special charter district and a district organized under Article 34 of the
School Code, who willfully makes a false statement on his or her application
for
employment, material to his or her qualifications for employment, which he or
she does not believe to be true, shall be guilty of a Class A misdemeanor.
If a person's employment history or current or prior employers are required
to be furnished on an application for
employment, a person who makes a statement which he or she does not believe
to be true or who knowingly omits or fails to include any employment history or
employer required to be furnished on the application which is material to his
or her qualifications for employment shall be deemed to have made a false
statement on his or her application within the meaning of this Section.
Each application for employment for a certificated position used by a school
district shall state that failure to provide requested employment or employer
history which is material to the applicant's qualifications for employment  or
the provision of statements which the applicant does not believe to be true may
be a Class A misdemeanor.
(Source: P.A. 88-102.)
(105 ILCS 5/22-7) (from Ch. 122, par. 22-7)
Sec. 22-7. 
		Liability for loss of funds. 
		County superintendents, trustees of schools, township treasurers and
directors, or either of them, or any other officer having charge of school
funds or property, shall be pecuniarily responsible for all losses
sustained by any county or township fund by reason of any failure on his or
their part to perform the duties required of him or them by this Act or
by any rule authorized to be made by  this
Act, and each of such officers shall be liable for any such loss sustained,
the amount of which may be recovered in a civil action brought in the circuit
court, at the suit of the State of Illinois, for the
use of the county, township or fund injured.  The amount of the judgment
obtained in such suit shall, when collected, be paid to the proper officer
for the benefit of the county, township or fund injured.
(Source: P.A. 79-1366.)
(105 ILCS 5/22-8) (from Ch. 122, par. 22-8)
Sec. 22-8. 
		Failure of officers to discharge duties.
If any county superintendent, trustee, director, or other officer
negligently or wilfully fails or refuses to make, furnish or communicate
statistics and information, or fails to discharge any other duties enjoined
upon him, at the time and in the manner required by this Act, he shall be
guilty of a petty offense and shall be liable to a fine of not less than
$25, to be recovered before any circuit court at the suit of any person on
complaint in the name of the People of the State of Illinois, and when
collected the fine shall be paid to the county superintendent of schools.
(Source: P.A. 77-2267.)
(105 ILCS 5/22-9)
Sec. 22-9. (Repealed).
(Source: P.A. 77-2267. Repealed by P.A. 94-1105, eff. 6-1-07.)
(105 ILCS 5/22-10) (from Ch. 122, par. 22-10)
Sec. 22-10. 
		Payments and grants in aid of church or sectarian purpose.
No county, city, town, township, school district or other public
corporation shall make any appropriation, or pay from any school fund
anything in aid of any church or sectarian purpose or to support or sustain
any school, academy, seminary, college, university or other literary or
scientific institution controlled by any church or sectarian denomination;
nor shall any grant or donation of money or other personal property be made
by any such corporation to any church or for any sectarian purpose. Any
officer or other person having under his charge or direction school funds
or property who perverts the same in the manner forbidden in this section
shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
(105 ILCS 5/22-11) (from Ch. 122, par. 22-11)
Sec. 22-11. 
		Exclusion of children on account of color.
Any school officer or other person who excludes or aids in excluding
from the public schools, on account of color, any child who is entitled to
the benefits of such school shall be guilty of a petty offense and shall be
fined not less than $5 nor more than $100.
(Source: P.A. 77-2267.)
(105 ILCS 5/22-12) (from Ch. 122, par. 22-12)
Sec. 22-12. 
		Preventing or interfering with a child's attendance at school. 
		Whoever by threat, menace, or intimidation prevents any child
entitled to attend a public or nonpublic school in this State from
attending such
school or interferes with any such child's attendance at that school shall
be guilty of a Class A misdemeanor.
(Source: P.A. 92-96, eff. 1-1-02.)
(105 ILCS 5/22-13) (from Ch. 122, par. 22-13)
Sec. 22-13. 
		
		Use
of Illinois mined coal.
School boards shall comply with the provisions of "An Act concerning the
use of Illinois mined coal in certain plants and institutions", filed July
13, 1937, as amended.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/22-14) (from Ch. 122, par. 22-14)
Sec. 22-14. 
		Scholastic records of discontinued districts.
If any school district is discontinued under this Act and is not made a
distinct part of another school district that makes arrangements to safely
keep all scholastic records of the former pupils of the discontinued
district, the last governing authorities of the discontinued district shall
turn over all scholastic records of its former pupils to the county
superintendent of schools of the county in which the school building of the
district is located; and such county superintendent of schools shall take
possession of and arrange for the safekeeping of such records for the
purpose of reference by said former pupils.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/22-15) (from Ch. 122, par. 22-15)
Sec. 22-15. Insurance on athletes.
(a)  In this Section, "IHSA" means the Illinois High School Association.
(b)  A public school district maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with aggregate benefit limits of $3 million or 5 years, whichever occurs first, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event held away from the student's school) that results in medical expenses in excess of $50,000.  These benefit limits are to be in excess of any and all other insurance, coverage or benefit, in whatever form or designation.
Any public school that requires students participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event
held away from the student's school) to be covered under an individual or group policy of accident and health insurance is exempt from the requirements of this Section.
Non-public schools maintaining grades 9 through 12 shall provide catastrophic accident insurance coverage, with aggregate benefit limits of $3 million or 5 years, whichever occurs first, for eligible students in grades 9 through 12 who sustain an accidental injury while participating in school-sponsored or school-supervised interscholastic athletic tournaments sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic tournament as well as during a temporary stay at the location of an athletic tournament held away from the student's school) that results in medical expenses in excess of $50,000.  These benefit limits are to be in excess of any and all other insurance, coverage or benefit, in whatever form or designation. Any non-public school that requires students participating in school-sponsored or school-supervised interscholastic athletic events sanctioned by the IHSA (including direct and uninterrupted travel to and from the athletic event as well as during a temporary stay at the location of an athletic event
held away from the student's school) to be covered under an individual or group policy of accident and health insurance is exempt from the requirements of this Section.
(c)  The IHSA has the exclusive authority to promulgate a plan of coverage necessary to ensure compliance with this Section.  The IHSA shall provide a group policy providing the coverage necessary to comply with this Section.  Public school districts and non-public schools may purchase the coverage necessary to comply with this Section by participating in the group policy.
Alternatively, public school districts or non-public schools that do not participate in the group policy may obtain the coverage necessary to comply with this Section from other coverage providers, but must submit to the IHSA, 60 days before the coverage inception, a certificate of insurance from the coverage provider stating that the insurance provided by the coverage provider is in compliance with the plan of coverage approved by the IHSA.  A public school district that manages schools located within a city of over 500,000 inhabitants may provide the catastrophic accident insurance coverage required by this Section through a program of self-insurance, and the public school district must submit to the IHSA, 60 days before coverage inception, proof that the program is in compliance with the plan of coverage.
(d)  A public school district maintaining grades kindergarten through 8 may provide
medical or hospital service, or both, through accident and health insurance
on a group or individual basis, or through non-profit hospital service
corporations or medical service plan corporations or both, for pupils of
the district in grades kindergarten through 8 injured while participating in any athletic activity under the
jurisdiction of or sponsored or controlled by the district or the
authorities of any school thereof. The cost of such insurance or of
subscriptions to such non-profit corporations, when paid from the funds of
the district, shall, to the extent such moneys are sufficient, be paid from
moneys derived from athletic activities. To the extent that moneys derived
from athletic activities are insufficient, such cost may be paid from the
educational fund of the district. Such insurance may be purchased from or such subscriptions may be taken
in only such companies or corporations as are authorized to do business in
Illinois.
(Source: P.A. 98-166, eff. 8-5-13.)
(105 ILCS 5/22-16) (from Ch. 122, par. 22-16)
Sec. 22-16. 
		Acquisition of land outside school district. 
		Whenever, in the opinion of the corporate authority of any school
district, a lot or parcel of land situated not more than 2 miles outside
of said school district or in the case of a building project under
authority of Section 10-22.31b of this Act, within the boundaries of
the joint agreement area or within 2 miles of the boundaries of any school
district which is a party to the joint agreement, may be required for such
school purposes,
title to such lot or parcel of land may be acquired by such school
district by purchase or in the manner provided by law for the exercise
of the right of eminent domain.
(Source: P.A. 80-270.)
(105 ILCS 5/22-17) (from Ch. 122, par. 22-17)
Sec. 22-17. 
		Leasing property from building commission.
In addition to other powers and authority now possessed by it, the
corporate authority of any school district, including any special charter
district, shall have power:
(1) To lease from any public building commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955,
and as amended from time to time, any real or personal property for the
purpose of securing office or other space for its administrative or
educational functions for a period of time not exceeding 40 years;
(2) To pay for the use of this leased property in accordance with the
terms of the lease; and
(3) To enter into such lease without making a previous appropriation or
provision in the budget for the expense thereby incurred.
(Source: P.A. 77-1351.)
(105 ILCS 5/22-18) (from Ch. 122, par. 22-18)
Sec. 22-18. 
		Apportionment of assets in district without property.
Whenever there is no property within a school district subject to
taxation for ordinary operating purposes, the county clerk shall so notify
the trustees of the township or townships or county board of school
trustees wherein the school district is located who shall apportion the
assets of such district among the remaining school districts of such
township or townships in proportion to the last preceding apportionment
from the common school fund to such townships and shall notify the school
treasurer to note such apportionment in the proper account of each
district.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/22-19) (from Ch. 122, par. 22-19)
Sec. 22-19. 
		
		Upon the filing of a complaint with the State Board of Education,
executed in duplicate and subscribed with the names
and addresses of at least 50 residents of a school district or 10% of
the residents, whichever is less, alleging that any pupil
has been excluded from or segregated in any school on account of his or
her color, race, nationality, sex, religion or religious affiliation, or that
any employee of
or applicant for employment or assignment with any such school district
has been questioned concerning his or her color, race, nationality, sex,
religion or religious affiliation or subjected to discrimination by reason thereof,
by or on behalf of the school board of such district, the State Board of
Education shall promptly mail a copy of such complaint to
the secretary or clerk of such school board.
The State Board of Education
shall fix a date, not less than 20 nor more than 30 days from the date of
the filing of such complaint, for a hearing upon the allegations therein.
The State Board of Education may also fix a date for a hearing whenever
it has reason to believe that such discrimination may exist in any school
district. Reasonable notice of the time and place of such hearing shall
be mailed to the secretary or
clerk of the school board and to the first signatory
to such complaint.
The State Board of Education may designate an assistant to conduct such
hearing and receive testimony concerning the situation complained of. The
complainants may be represented at such hearing by one of their number or
by counsel. Each party shall have the privilege of cross examining witnesses.
The State Board of Education or the hearing officer appointed by it shall
have the power to subpoena witnesses, compel their attendance, and require
the production of
evidence relating to any relevant matter under this Act. Any circuit
court of this State, upon the application of the
State Board of Education or the hearing officer appointed by
it, may, in its or his or her discretion, compel the attendance of witnesses,
the production of books, papers, records or memoranda and the giving of
testimony before the State Board of Education or the hearing
officer appointed by it conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court. The State Board of Education or the
hearing officer appointed by it may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records or memoranda. All testimony shall be taken under oath
administered by the hearing officer, but the formal rules pertaining to
evidence in judicial proceedings shall not apply. The State Board of Education
shall provide a competent reporter to record
all testimony. Either party desiring a transcript of the hearing shall
pay for the cost of such transcript. A continuance may be granted
provided both parties agree. The hearing officer shall report a summary
of the testimony within 60 days after the hearing commences, unless a
continuance is granted, to the State Board of Education who
shall determine whether the allegations of the complaint are
substantially correct. If a continuance is granted, the summary of
testimony shall be reported to the State Board of Education
within 60 days after the hearing recommences. The State Board of Education
shall notify both parties of its decision within 30
days after it receives a summary of the testimony from the hearing
officer. If the State Board of Education determines that a violation exists,
it shall request the Attorney General to apply to the appropriate circuit
court for such injunctive or other relief as may be necessary to rectify the practice
complained of.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted
pursuant thereto shall apply to and govern all proceedings for the
judicial review of any final decision rendered by the State Board of Education
pursuant to this Section.
(Source: P.A. 84-126.)
(105 ILCS 5/22-20) (from Ch. 122, par. 22-20)
Sec. 22-20. 
All courts and law enforcement agencies of the State of
Illinois and its political subdivisions shall report to the principal of
any public school in this State whenever a child enrolled therein is
detained for proceedings under the Juvenile Court Act of 1987, as heretofore
and hereafter amended, or for any criminal offense, including illegal gang activity, or any violation of a
municipal or county ordinance.  The report shall include the basis for
detaining the child, circumstances surrounding the events which led to the
child's detention, and status of proceedings.  The report shall be updated as
appropriate to notify the principal of developments and the disposition of the
matter.
The information derived thereby shall be kept separate from and shall
not become a part of the official school record of such child and shall not
be a public record. Such information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation
of the child and to protect the safety of students and employees in the
school.
(Source: P.A. 97-1104, eff. 1-1-13; 98-59, eff. 1-1-14.)
(105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
Sec. 22-21. 
		Elections-Use of school buildings.
(a) Every school board shall offer to the appropriate officer or board
having responsibility for providing polling places for elections the use of
any and all buildings under its jurisdiction for any and all elections to
be held, if so requested by such appropriate officer or board.
(b) Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building that is a public or private
school
and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private school building with 2 or more
floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private school building with 2 or more floors and the polling room is located
on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection.
Notwithstanding any other provision of this Code, the area on polling place
property beyond the campaign free zone,
whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are open on an election day.
(Source: P.A. 93-574, eff. 8-21-03.)
(105 ILCS 5/22-22) (from Ch. 122, par. 22-22)
Sec. 22-22. 
		Secondary Education. 
		The term "secondary education"
means the curriculum offered by a school district or an attendance center
or centers serving grades 9 through 12 or grades 10 through 12.
(Source: P.A. 84-814.)
(105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
Sec. 22-23. 
		Sprinkler systems.
(a) The provisions of this Section apply to the school board, board of
education, board of school directors, board of school inspectors or other
governing body of each school district in this State, including special
charter districts and districts organized under Article 34.
(b) As used in this Section, the term "school construction" means (1)
the construction of a new school building, or addition to an existing
building, within any period of 30 months, having 7,200 or more square feet, and (2) any alteration, as defined in 71 Illinois
Administrative Code, Section 400.210, within any period of 30 months,
 affecting one or more areas of a school building
which cumulatively are equal to 50% or more of the square footage of the
school building.
(c) New areas or uses of buildings not required to be sprinklered under
this Section shall be protected with the installation of an automatic fire
detection system.
(d) Notwithstanding any other provisions of this Act, no school
construction shall be commenced in any school district on or after the
effective date of this amendatory Act of 1991 unless sprinkler systems are
required by, and are installed in accordance with
approved plans and specifications in the school building, addition or
project areas which constitute school construction as defined in subsection
(b).  Plans and specifications shall comply with rules and regulations
established by the State Board of Education, and such rules and regulations
shall be consistent so far as practicable with nationally recognized
standards such as those established by the National Fire Protection
Association.
(Source: P.A. 90-566, eff. 1-2-98.)
(105 ILCS 5/22-24) (from Ch. 122, par. 22-24)
Sec. 22-24. 
		IHSA Liaison. 
		To facilitate communication and coordination
between the General Assembly and the Illinois High School Association on
matters relative to the continuing development of interscholastic athletic
and activity participation among secondary school students in Illinois, the
Governor shall appoint, from the membership of the General Assembly,
liaison representatives to meet with the Board of Directors of the Illinois
High School Association at regular meetings of that Board.  The Governor
shall appoint one member from each chamber of the General Assembly to serve
as a liaison representative and one member from each chamber to serve as the
liaison representative's alternate.  The 2 liaison representatives shall not
be members of the same political party, nor shall a liaison representative's
alternate be a member of the same political party as the liaison
representative for whom he or she is an alternate.  The terms of the liaison
representatives and alternate liaison representatives
appointed by the Governor shall be 2 years, commencing on the second
Wednesday of January in odd numbered years, except that the terms of the
liaison representatives and alternate liaison representatives initially
appointed by the Governor under this Section shall commence on the date of
their appointment and expire on the second Wednesday of January, 1993.
Vacancies shall be filled by appointment of the Governor for the unexpired
term, and the person appointed to fill a vacancy shall be a member of the
same chamber of the General Assembly and the same political party as his or
her predecessor in office.  The liaison representatives, or their
alternates who meet with the Board of Directors of the Illinois High School
Association at any meetings of that Board which the liaison representatives
are unable to attend, shall communicate to the members of the General
Assembly information of importance to the cooperative relationship between
the Illinois High School Association and the General Assembly.  It shall be
the responsibility of the Illinois High School Association to timely supply
to both liaison representatives and both alternates all agenda materials
and information that are customarily supplied by that Association to
the members of its Board of Directors for use in connection with the
meetings of that Board.
(Source: P.A. 87-239; 87-895.)
(105 ILCS 5/22-25)
Sec. 22-25. 
		High School Quality Guarantees. 
		The school board of any
district that maintains grades 9-12, including special charter districts and
any district organized under Article 34, may enter into agreements that
guarantee the academic skills and performance of graduates of their high
schools in the workforce or in higher education.  Any quality guarantee
agreements established shall be subject to such qualifications and restrictions
as the school board may determine.
(Source: P.A. 89-610, eff. 8-6-96.)
(105 ILCS 5/22-26)
Sec. 22-26. (Repealed).
(Source: P.A. 91-491, eff. 8-13-99. Repealed internally, eff. 1-2-00; repealed by P.A. 94-1105, eff. 6-1-07.)
(105 ILCS 5/22-27)
Sec. 22-27. World War II, Korean Conflict, and Vietnam Conflict veterans; service member killed in action; diplomas.
(a) Upon request, the school board of any district that maintains
grades 10 through 12 may award a diploma to any honorably discharged veteran
who:
(1) served in the armed forces of the United States     during World War II,  the Korean Conflict, or the Vietnam Conflict;
(2) resided within an area currently within the     district;
(3) left high school before graduating in order to     serve in the armed forces of the United States; and
(4) has not received a high school diploma.
(a-5) Upon request, the school board of a school district that maintains grades 10 through 12 may posthumously award a diploma to any service member who was killed in action while performing active military duty with the armed forces of the United States if all of the following criteria have been met:
(1) He or she resided in an area currently within the     district.
(2) He or she left high school before graduating to     serve in the armed forces of the United States.
(3) He or she did not receive a high school diploma.
(b) The State Board of Education and the Department of Veterans' Affairs
may issue rules consistent with the provisions of this Section that are
necessary to implement this Section.
(Source: P.A. 101-131, eff. 7-26-19.)
(105 ILCS 5/22-30)
(Text of Section from P.A. 103-175)
Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol.
(a) For the purpose of this Section only, the following terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty.
"Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.
"Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask.
"Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration.
"Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe".
"School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector.
"Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector.
"Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority.
"Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress.
"Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school.
"Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school.
(b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to     the school (i) written authorization from the parents or guardians for (A) the self-administration and self-carry of asthma medication or (B) the self-carry of asthma medication or (ii) for (A) the self-administration and self-carry of an epinephrine injector or (B) the self-carry of an epinephrine injector, written authorization from the pupil's physician, physician assistant, or advanced practice registered nurse; and
(2) the parents or guardians of the pupil provide to     the school (i) the prescription label, which must contain the name of the asthma medication, the prescribed dosage, and the time at which or circumstances under which the asthma medication is to be administered, or (ii) for the self-administration or self-carry of an epinephrine injector, a written statement from the pupil's physician, physician assistant, or advanced practice registered nurse containing the following information:
(A) the name and purpose of the epinephrine         injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special         circumstances under which the epinephrine injector is to be administered.The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator.
(b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, allergy emergency action plan, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file.
(b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, allergy emergency action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, allergy emergency action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress.
(c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse.
(c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse.
(d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section.
(e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus.
(e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity.
(e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity.
(e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity.
(f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or nonpublic school may maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose. A health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act may prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions.
(f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors.
(f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use.
Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use.
Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use.
(g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel.
Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. Training must be completed annually. Trained personnel must also submit to the school's administration proof of cardiopulmonary resuscitation and automated external defibrillator certification. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel.
Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an     allergic reaction, including anaphylaxis;
(2) how to administer an epinephrine injector; and
(3) a test demonstrating competency of the knowledge     required to recognize anaphylaxis and administer an epinephrine injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and     its related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures, including the     importance of calling 9-1-1 or, if 9-1-1 is not available, other local emergency medical services;
(D) how to respond to a student with a known allergy,     as well as a student with a previously unknown allergy;
(E) other criteria as determined in rules adopted     pursuant to this Section; and
(F) any policy developed by the State Board of     Education under Section 2-3.190.
In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website.
(h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and     recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an     opioid overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 9-1-1 or, if 9-1-1 is     not available, other local emergency medical services;
(7) care for the overdose victim after administration     of the overdose antagonist;
(8) a test demonstrating competency of the knowledge     required to recognize an opioid overdose and administer a dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted     pursuant to this Section.
(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to:
(1) how to recognize symptoms of respiratory distress     and how to distinguish respiratory distress from anaphylaxis;
(2) how to respond to an emergency involving     respiratory distress;
(3) asthma medication dosage and administration;
(4) the importance of calling 9-1-1 or, if 9-1-1 is     not available, other local emergency medical services;
(5) a test demonstrating competency of the knowledge     required to recognize respiratory distress and administer asthma medication; and
(6) other criteria as determined in rules adopted     under this Section.
(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information:
(1) age and type of person receiving epinephrine     (student, staff, visitor);
(2) any previously known diagnosis of a severe     allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school     nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply.
(i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information:
(1) the age and type of person receiving the opioid     antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid     antagonist (school nurse or trained personnel); and
(4) any other information required by the State     Board.
(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information:
(1) the age and type of person receiving the asthma     medication (student, staff, or visitor);
(2) any previously known diagnosis of asthma for the     person;
(3) the trigger that precipitated respiratory     distress, if identifiable;
(4) the location of where the symptoms developed;
(5) the number of doses administered;
(6) the type of person administering the asthma     medication (school nurse, trained personnel, or student);
(7) the outcome of the asthma medication     administration; and
(8) any other information required by the State     Board.
(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly.
(j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan.
(j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol.
(j-15) Every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. In consultation with statewide professional organizations with expertise in asthma management, the State Board of Education shall make available resource materials for educating school personnel about asthma and emergency response in the school setting.
(j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly.
(k) The State Board of Education may adopt rules necessary to implement this Section.
(l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-175, eff. 6-30-23.)
(Text of Section from P.A. 103-196)
Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol.
(a) For the purpose of this Section only, the following terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty.
"Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.
"Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask.
"Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration.
"Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe".
"School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector.
"Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector.
"Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority.
"Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress.
"Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school.
"Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school.
(b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to     the school (i) written authorization from the parents or guardians for (A) the self-administration and self-carry of asthma medication or (B) the self-carry of asthma medication or (ii) for (A) the self-administration and self-carry of an epinephrine injector or (B) the self-carry of an epinephrine injector, written authorization from the pupil's physician, physician assistant, or advanced practice registered nurse; and
(2) the parents or guardians of the pupil provide to     the school (i) the prescription label, which must contain the name of the asthma medication, the prescribed dosage, and the time at which or circumstances under which the asthma medication is to be administered, or (ii) for the self-administration or self-carry of an epinephrine injector, a written statement from the pupil's physician, physician assistant, or advanced practice registered nurse containing the following information:
(A) the name and purpose of the epinephrine         injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special         circumstances under which the epinephrine injector is to be administered.The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator.
(b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file.
(b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress.
(c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse.
(c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse.
(d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section.
(e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus.
(e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity.
(e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity.
(e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity.
(f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or nonpublic school may maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose. A health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act may prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions.
A school district that provides special educational facilities for children with disabilities under Section 14-4.01 of this Code may maintain a supply of undesignated oxygen tanks in any secure location that is accessible before, during, and after school where a person with developmental disabilities is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated oxygen tanks in the name of the school district that provides special educational facilities for children with disabilities under Section 14-4.01 of this Code to be maintained for use when necessary. Any supply of oxygen tanks shall be maintained in accordance with the manufacturer's instructions and with the local fire department's rules.
(f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors.
(f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use.
Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use.
Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use.
(g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel.
Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. Training must be completed annually. Trained personnel must also submit to the school's administration proof of cardiopulmonary resuscitation and automated external defibrillator certification. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel.
Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an     allergic reaction, including anaphylaxis;
(2) how to administer an epinephrine injector; and
(3) a test demonstrating competency of the knowledge     required to recognize anaphylaxis and administer an epinephrine injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and     its related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures, including the     importance of calling 9-1-1 or, if 9-1-1 is not available, other local emergency medical services;
(D) how to respond to a student with a known allergy,     as well as a student with a previously unknown allergy;
(E) other criteria as determined in rules adopted     pursuant to this Section; and
(F) any policy developed by the State Board of     Education under Section 2-3.190.
In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website.
(h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and     recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an     opioid overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 9-1-1 or, if 9-1-1 is     not available, other local emergency medical services;
(7) care for the overdose victim after administration     of the overdose antagonist;
(8) a test demonstrating competency of the knowledge     required to recognize an opioid overdose and administer a dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted     pursuant to this Section.
(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to:
(1) how to recognize symptoms of respiratory distress     and how to distinguish respiratory distress from anaphylaxis;
(2) how to respond to an emergency involving     respiratory distress;
(3) asthma medication dosage and administration;
(4) the importance of calling 9-1-1 or, if 9-1-1 is     not available, other local emergency medical services;
(5) a test demonstrating competency of the knowledge     required to recognize respiratory distress and administer asthma medication; and
(6) other criteria as determined in rules adopted     under this Section.
(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information:
(1) age and type of person receiving epinephrine     (student, staff, visitor);
(2) any previously known diagnosis of a severe     allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school     nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply.
(i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information:
(1) the age and type of person receiving the opioid     antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid     antagonist (school nurse or trained personnel); and
(4) any other information required by the State     Board.
(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information:
(1) the age and type of person receiving the asthma     medication (student, staff, or visitor);
(2) any previously known diagnosis of asthma for the     person;
(3) the trigger that precipitated respiratory     distress, if identifiable;
(4) the location of where the symptoms developed;
(5) the number of doses administered;
(6) the type of person administering the asthma     medication (school nurse, trained personnel, or student);
(7) the outcome of the asthma medication     administration; and
(8) any other information required by the State     Board.
(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly.
(j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan.
(j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol.
(j-15) Every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. In consultation with statewide professional organizations with expertise in asthma management, the State Board of Education shall make available resource materials for educating school personnel about asthma and emergency response in the school setting.
(j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly.
(k) The State Board of Education may adopt rules necessary to implement this Section.
(l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-196, eff. 1-1-24.)
(Text of Section from P.A. 103-348)
Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol.
(a) For the purpose of this Section only, the following terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty.
"Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.
"Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask.
"Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration.
"Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe".
"School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector.
"Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector.
"Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority.
"Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress.
"Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school.
"Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school.
(b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to     the school (i) written authorization from the parents or guardians for (A) the self-administration and self-carry of asthma medication or (B) the self-carry of asthma medication or (ii) for (A) the self-administration and self-carry of an epinephrine injector or (B) the self-carry of an epinephrine injector, written authorization from the pupil's physician, physician assistant, or advanced practice registered nurse; and
(2) the parents or guardians of the pupil provide to     the school (i) the prescription label, which must contain the name of the asthma medication, the prescribed dosage, and the time at which or circumstances under which the asthma medication is to be administered, or (ii) for the self-administration or self-carry of an epinephrine injector, a written statement from the pupil's physician, physician assistant, or advanced practice registered nurse containing the following information:
(A) the name and purpose of the epinephrine         injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special         circumstances under which the epinephrine injector is to be administered.The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator.
(b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file.
(b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress.
(c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse.
(c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse.
(d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section.
(e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus.
(e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity.
(e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity.
(e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity.
(f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or nonpublic school shall maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose, unless there is a shortage of opioid antagonists, in which case the school district, public school, charter school, or nonpublic school shall make a reasonable effort to maintain a supply of an opioid antagonist. Unless the school district, public school, charter school, or nonpublic school is able to obtain opioid antagonists without a prescription, a health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act shall prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions.
(f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors.
(f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use.
Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use.
Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use.
(g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel.
Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel.
Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an     allergic reaction, including anaphylaxis;
(2) how to administer an epinephrine injector; and
(3) a test demonstrating competency of the knowledge     required to recognize anaphylaxis and administer an epinephrine injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and     its related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures, including the     importance of calling 9-1-1 or, if 9-1-1 is not available, other local emergency medical services;
(D) how to respond to a student with a known allergy,     as well as a student with a previously unknown allergy;
(E) other criteria as determined in rules adopted     pursuant to this Section; and
(F) any policy developed by the State Board of     Education under Section 2-3.190.
In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website.
(h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and     recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an     opioid overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 9-1-1 or, if 9-1-1 is     not available, other local emergency medical services;
(7) care for the overdose victim after administration     of the overdose antagonist;
(8) a test demonstrating competency of the knowledge     required to recognize an opioid overdose and administer a dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted     pursuant to this Section.
(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to:
(1) how to recognize symptoms of respiratory distress     and how to distinguish respiratory distress from anaphylaxis;
(2) how to respond to an emergency involving     respiratory distress;
(3) asthma medication dosage and administration;
(4) the importance of calling 9-1-1 or, if 9-1-1 is     not available, other local emergency medical services;
(5) a test demonstrating competency of the knowledge     required to recognize respiratory distress and administer asthma medication; and
(6) other criteria as determined in rules adopted     under this Section.
(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information:
(1) age and type of person receiving epinephrine     (student, staff, visitor);
(2) any previously known diagnosis of a severe     allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school     nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply.
(i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information:
(1) the age and type of person receiving the opioid     antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid     antagonist (school nurse or trained personnel); and
(4) any other information required by the State     Board.
(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information:
(1) the age and type of person receiving the asthma     medication (student, staff, or visitor);
(2) any previously known diagnosis of asthma for the     person;
(3) the trigger that precipitated respiratory     distress, if identifiable;
(4) the location of where the symptoms developed;
(5) the number of doses administered;
(6) the type of person administering the asthma     medication (school nurse, trained personnel, or student);
(7) the outcome of the asthma medication     administration; and
(8) any other information required by the State     Board.
(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly.
(j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan.
(j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol.
(j-15) Every 2 years, school personnel who work with pupils shall complete an in-person or online training program on the management of asthma, the prevention of asthma symptoms, and emergency response in the school setting. In consultation with statewide professional organizations with expertise in asthma management, the State Board of Education shall make available resource materials for educating school personnel about asthma and emergency response in the school setting.
(j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly.
(k) The State Board of Education may adopt rules necessary to implement this Section.
(l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-348, eff. 1-1-24.)
(Text of Section from P.A. 103-542)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 22-30. Self-administration and self-carry of asthma medication and epinephrine injectors; administration of undesignated epinephrine injectors; administration of an opioid antagonist; administration of undesignated asthma medication; asthma episode emergency response protocol.
(a) For the purpose of this Section only, the following terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a pupil's medical provider to help control the pupil's asthma. The goal of an asthma action plan is to reduce or prevent flare-ups and emergency department visits through day-to-day management and to serve as a student-specific document to be referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a procedure to provide assistance to a pupil experiencing symptoms of wheezing, coughing, shortness of breath, chest tightness, or breathing difficulty.
"Epinephrine injector" includes an auto-injector approved by the United States Food and Drug Administration for the administration of epinephrine and a pre-filled syringe approved by the United States Food and Drug Administration and used for the administration of epinephrine that contains a pre-measured dose of epinephrine that is equivalent to the dosages used in an auto-injector.
"Asthma medication" means quick-relief asthma medication, including albuterol or other short-acting bronchodilators, that is approved by the United States Food and Drug Administration for the treatment of respiratory distress. "Asthma medication" includes medication delivered through a device, including a metered dose inhaler with a reusable or disposable spacer or a nebulizer with a mouthpiece or mask.
"Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effect of opioids acting on those receptors, including, but not limited to, naloxone hydrochloride or any other similarly acting drug approved by the U.S. Food and Drug Administration.
"Respiratory distress" means the perceived or actual presence of wheezing, coughing, shortness of breath, chest tightness, breathing difficulty, or any other symptoms consistent with asthma. Respiratory distress may be categorized as "mild-to-moderate" or "severe".
"School nurse" means a registered nurse working in a school with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of his or her prescribed asthma medication or epinephrine injector.
"Self-carry" means a pupil's ability to carry his or her prescribed asthma medication or epinephrine injector.
"Standing protocol" may be issued by (i) a physician licensed to practice medicine in all its branches, (ii) a licensed physician assistant with prescriptive authority, or (iii) a licensed advanced practice registered nurse with prescriptive authority.
"Trained personnel" means any school employee or volunteer personnel authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of this Code who has completed training under subsection (g) of this Section to recognize and respond to anaphylaxis, an opioid overdose, or respiratory distress.
"Undesignated asthma medication" means asthma medication prescribed in the name of a school district, public school, charter school, or nonpublic school.
"Undesignated epinephrine injector" means an epinephrine injector prescribed in the name of a school district, public school, charter school, or nonpublic school.
(b) A school, whether public, charter, or nonpublic, must permit the self-administration and self-carry of asthma medication by a pupil with asthma or the self-administration and self-carry of an epinephrine injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to     the school (i) written authorization from the parents or guardians for (A) the self-administration and self-carry of asthma medication or (B) the self-carry of asthma medication or (ii) for (A) the self-administration and self-carry of an epinephrine injector or (B) the self-carry of an epinephrine injector, written authorization from the pupil's physician, physician assistant, or advanced practice registered nurse; and
(2) the parents or guardians of the pupil provide to     the school (i) the prescription label, which must contain the name of the asthma medication, the prescribed dosage, and the time at which or circumstances under which the asthma medication is to be administered, or (ii) for the self-administration or self-carry of an epinephrine injector, a written statement from the pupil's physician, physician assistant, or advanced practice registered nurse containing the following information:
(A) the name and purpose of the epinephrine         injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special         circumstances under which the epinephrine injector is to be administered.The information provided shall be kept on file in the office of the school nurse or, in the absence of a school nurse, the school's administrator.
(b-5) A school district, public school, charter school, or nonpublic school may authorize the provision of a student-specific or undesignated epinephrine injector to a student or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine injector to the student, that meets the student's prescription on file.
(b-10) The school district, public school, charter school, or nonpublic school may authorize a school nurse or trained personnel to do the following: (i) provide an undesignated epinephrine injector to a student for self-administration only or any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (ii) administer an undesignated epinephrine injector that meets the prescription on file to any student who has an Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of an epinephrine injector; (iii) administer an undesignated epinephrine injector to any person that the school nurse or trained personnel in good faith believes is having an anaphylactic reaction; (iv) administer an opioid antagonist to any person that the school nurse or trained personnel in good faith believes is having an opioid overdose; (v) provide undesignated asthma medication to a student for self-administration only or to any personnel authorized under a student's Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan to administer to the student that meets the student's prescription on file; (vi) administer undesignated asthma medication that meets the prescription on file to any student who has an Individual Health Care Action Plan or asthma action plan, plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, or individualized education program plan that authorizes the use of asthma medication; and (vii) administer undesignated asthma medication to any person that the school nurse or trained personnel believes in good faith is having respiratory distress.
(c) The school district, public school, charter school, or nonpublic school must inform the parents or guardians of the pupil, in writing, that the school district, public school, charter school, or nonpublic school and its employees and agents, including a physician, physician assistant, or advanced practice registered nurse providing standing protocol and a prescription for school epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse. The parents or guardians of the pupil must sign a statement acknowledging that the school district, public school, charter school, or nonpublic school and its employees and agents are to incur no liability, except for willful and wanton conduct, as a result of any injury arising from the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse and that the parents or guardians must indemnify and hold harmless the school district, public school, charter school, or nonpublic school and its employees and agents against any claims, except a claim based on willful and wanton conduct, arising out of the administration of asthma medication, an epinephrine injector, or an opioid antagonist regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse.
(c-5) When a school nurse or trained personnel administers an undesignated epinephrine injector to a person whom the school nurse or trained personnel in good faith believes is having an anaphylactic reaction, administers an opioid antagonist to a person whom the school nurse or trained personnel in good faith believes is having an opioid overdose, or administers undesignated asthma medication to a person whom the school nurse or trained personnel in good faith believes is having respiratory distress, notwithstanding the lack of notice to the parents or guardians of the pupil or the absence of the parents or guardians signed statement acknowledging no liability, except for willful and wanton conduct, the school district, public school, charter school, or nonpublic school and its employees and agents, and a physician, a physician assistant, or an advanced practice registered nurse providing standing protocol and a prescription for undesignated epinephrine injectors, an opioid antagonist, or undesignated asthma medication, are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of an undesignated epinephrine injector, the use of an opioid antagonist, or the use of undesignated asthma medication, regardless of whether authorization was given by the pupil's parents or guardians or by the pupil's physician, physician assistant, or advanced practice registered nurse.
(d) The permission for self-administration and self-carry of asthma medication or the self-administration and self-carry of an epinephrine injector is effective for the school year for which it is granted and shall be renewed each subsequent school year upon fulfillment of the requirements of this Section.
(e) Provided that the requirements of this Section are fulfilled, a pupil with asthma may self-administer and self-carry his or her asthma medication or a pupil may self-administer and self-carry an epinephrine injector (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus.
(e-5) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an undesignated epinephrine injector to any person whom the school nurse or trained personnel in good faith believes to be having an anaphylactic reaction (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property or while being transported on a school bus. A school nurse or trained personnel may carry undesignated epinephrine injectors on his or her person while in school or at a school-sponsored activity.
(e-10) Provided that the requirements of this Section are fulfilled, a school nurse or trained personnel may administer an opioid antagonist to any person whom the school nurse or trained personnel in good faith believes to be having an opioid overdose (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, such as while in before-school or after-school care on school-operated property. A school nurse or trained personnel may carry an opioid antagonist on his or her person while in school or at a school-sponsored activity.
(e-15) If the requirements of this Section are met, a school nurse or trained personnel may administer undesignated asthma medication to any person whom the school nurse or trained personnel in good faith believes to be experiencing respiratory distress (i) while in school, (ii) while at a school-sponsored activity, (iii) while under the supervision of school personnel, or (iv) before or after normal school activities, including before-school or after-school care on school-operated property. A school nurse or trained personnel may carry undesignated asthma medication on his or her person while in school or at a school-sponsored activity.
(f) The school district, public school, charter school, or nonpublic school may maintain a supply of undesignated epinephrine injectors in any secure location that is accessible before, during, and after school where an allergic person is most at risk, including, but not limited to, classrooms and lunchrooms. A physician, a physician assistant who has prescriptive authority in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority in accordance with Section 65-40 of the Nurse Practice Act may prescribe undesignated epinephrine injectors in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of epinephrine injectors shall be maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or nonpublic school may maintain a supply of an opioid antagonist in any secure location where an individual may have an opioid overdose. A health care professional who has been delegated prescriptive authority for opioid antagonists in accordance with Section 5-23 of the Substance Use Disorder Act may prescribe opioid antagonists in the name of the school district, public school, charter school, or nonpublic school, to be maintained for use when necessary. Any supply of opioid antagonists shall be maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or nonpublic school may maintain a supply of asthma medication in any secure location that is accessible before, during, or after school where a person is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated asthma medication in the name of the school district, public school, charter school, or nonpublic school to be maintained for use when necessary. Any supply of undesignated asthma medication must be maintained in accordance with the manufacturer's instructions.
(f-3) Whichever entity initiates the process of obtaining undesignated epinephrine injectors and providing training to personnel for carrying and administering undesignated epinephrine injectors shall pay for the costs of the undesignated epinephrine injectors.
(f-5) Upon any administration of an epinephrine injector, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must immediately activate the EMS system and notify the student's parent, guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an undesignated epinephrine injector, a school district, public school, charter school, or nonpublic school must notify the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated epinephrine injector of its use.
Within 24 hours after the administration of an opioid antagonist, a school district, public school, charter school, or nonpublic school must notify the health care professional who provided the prescription for the opioid antagonist of its use.
Within 24 hours after the administration of undesignated asthma medication, a school district, public school, charter school, or nonpublic school must notify the student's parent or guardian or emergency contact, if known, and the physician, physician assistant, or advanced practice registered nurse who provided the standing protocol and a prescription for the undesignated asthma medication of its use. The district or school must follow up with the school nurse, if available, and may, with the consent of the child's parent or guardian, notify the child's health care provider of record, as determined under this Section, of its use.
(g) Prior to the administration of an undesignated epinephrine injector, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to anaphylaxis that meets the requirements of subsection (h) of this Section. Training must be completed annually. The school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and trained personnel.
Prior to the administration of an opioid antagonist, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to an opioid overdose, which curriculum must meet the requirements of subsection (h-5) of this Section. The school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel.
Prior to the administration of undesignated asthma medication, trained personnel must submit to the school's administration proof of completion of a training curriculum to recognize and respond to respiratory distress, which must meet the requirements of subsection (h-10) of this Section. Training must be completed annually, and the school district, public school, charter school, or nonpublic school must maintain records relating to the training curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to anaphylaxis, including the administration of an undesignated epinephrine injector, may be conducted online or in person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an     allergic reaction, including anaphylaxis;
(2) how to administer an epinephrine injector; and
(3) a test demonstrating competency of the knowledge     required to recognize anaphylaxis and administer an epinephrine injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and     its related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures, including the     importance of calling 9-1-1 or, if 9-1-1 is not available, other local emergency medical services;
(D) how to respond to a student with a known allergy,     as well as a student with a previously unknown allergy;
(E) other criteria as determined in rules adopted     pursuant to this Section; and
(F) any policy developed by the State Board of     Education under Section 2-3.190.
In consultation with statewide professional organizations representing physicians licensed to practice medicine in all of its branches, registered nurses, and school nurses, the State Board of Education shall make available resource materials consistent with criteria in this subsection (h) for educating trained personnel to recognize and respond to anaphylaxis. The State Board may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by medical experts and other groups that work on life-threatening allergy issues. The State Board is not required to create new resource materials. The State Board shall make these resource materials available on its Internet website.
(h-5) A training curriculum to recognize and respond to an opioid overdose, including the administration of an opioid antagonist, may be conducted online or in person. The training must comply with any training requirements under Section 5-23 of the Substance Use Disorder Act and the corresponding rules. It must include, but is not limited to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and     recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an     opioid overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 9-1-1 or, if 9-1-1 is     not available, other local emergency medical services;
(7) care for the overdose victim after administration     of the overdose antagonist;
(8) a test demonstrating competency of the knowledge     required to recognize an opioid overdose and administer a dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted     pursuant to this Section.
(h-10) A training curriculum to recognize and respond to respiratory distress, including the administration of undesignated asthma medication, may be conducted online or in person. The training must include, but is not limited to:
(1) how to recognize symptoms of respiratory distress     and how to distinguish respiratory distress from anaphylaxis;
(2) how to respond to an emergency involving     respiratory distress;
(3) asthma medication dosage and administration;
(4) the importance of calling 9-1-1 or, if 9-1-1 is     not available, other local emergency medical services;
(5) a test demonstrating competency of the knowledge     required to recognize respiratory distress and administer asthma medication; and
(6) other criteria as determined in rules adopted     under this Section.
(i) Within 3 days after the administration of an undesignated epinephrine injector by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education in a form and manner prescribed by the State Board the following information:
(1) age and type of person receiving epinephrine     (student, staff, visitor);
(2) any previously known diagnosis of a severe     allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school     nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, charter school, or nonpublic school maintains or has an independent contractor providing transportation to students who maintains a supply of undesignated epinephrine injectors, then the school district, public school, charter school, or nonpublic school must report that information to the State Board of Education upon adoption or change of the policy of the school district, public school, charter school, nonpublic school, or independent contractor, in a manner as prescribed by the State Board. The report must include the number of undesignated epinephrine injectors in supply.
(i-5) Within 3 days after the administration of an opioid antagonist by a school nurse or trained personnel, the school must report to the State Board of Education, in a form and manner prescribed by the State Board, the following information:
(1) the age and type of person receiving the opioid     antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid     antagonist (school nurse or trained personnel); and
(4) any other information required by the State     Board.
(i-10) Within 3 days after the administration of undesignated asthma medication by a school nurse, trained personnel, or a student at a school or school-sponsored activity, the school must report to the State Board of Education, on a form and in a manner prescribed by the State Board of Education, the following information:
(1) the age and type of person receiving the asthma     medication (student, staff, or visitor);
(2) any previously known diagnosis of asthma for the     person;
(3) the trigger that precipitated respiratory     distress, if identifiable;
(4) the location of where the symptoms developed;
(5) the number of doses administered;
(6) the type of person administering the asthma     medication (school nurse, trained personnel, or student);
(7) the outcome of the asthma medication     administration; and
(8) any other information required by the State     Board.
(j) By October 1, 2015 and every year thereafter, the State Board of Education shall submit a report to the General Assembly identifying the frequency and circumstances of undesignated epinephrine and undesignated asthma medication administration during the preceding academic year. Beginning with the 2017 report, the report shall also contain information on which school districts, public schools, charter schools, and nonpublic schools maintain or have independent contractors providing transportation to students who maintain a supply of undesignated epinephrine injectors. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly.
(j-5) Annually, each school district, public school, charter school, or nonpublic school shall request an asthma action plan from the parents or guardians of a pupil with asthma. If provided, the asthma action plan must be kept on file in the office of the school nurse or, in the absence of a school nurse, the school administrator. Copies of the asthma action plan may be distributed to appropriate school staff who interact with the pupil on a regular basis, and, if applicable, may be attached to the pupil's federal Section 504 plan or individualized education program plan.
(j-10) To assist schools with emergency response procedures for asthma, the State Board of Education, in consultation with statewide professional organizations with expertise in asthma management and a statewide organization representing school administrators, shall develop a model asthma episode emergency response protocol before September 1, 2016. Each school district, charter school, and nonpublic school shall adopt an asthma episode emergency response protocol before January 1, 2017 that includes all of the components of the State Board's model protocol.
(j-15) (Blank).
(j-20) On or before October 1, 2016 and every year thereafter, the State Board of Education shall submit a report to the General Assembly and the Department of Public Health identifying the frequency and circumstances of opioid antagonist administration during the preceding academic year. This report shall be published on the State Board's Internet website on the date the report is delivered to the General Assembly.
(k) The State Board of Education may adopt rules necessary to implement this Section.
(l) Nothing in this Section shall limit the amount of epinephrine injectors that any type of school or student may carry or maintain a supply of.
(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).)
(105 ILCS 5/22-33)
Sec. 22-33. Medical cannabis.
(a) This Section may be referred to as Ashley's Law.
(a-5) In this Section:
"Designated caregiver", "medical cannabis infused product", "qualifying patient", and "registered" have the meanings given to those terms under Section 10 of the Compassionate Use of Medical Cannabis Program Act.
"Self-administration" means a student's discretionary use of his or her medical cannabis infused product.
(b) Subject to the restrictions under subsections (c) through (g) of this Section, a school district, public school, charter school, or nonpublic school shall authorize a parent or guardian or any other individual registered with the Department of Public Health as a designated caregiver of a student who is a registered qualifying patient to administer a medical cannabis infused product to the student on the premises  of the child's school or on the child's school bus if both the student (as a registered qualifying patient) and the parent or guardian or other individual (as a registered designated caregiver) have been issued registry identification cards under the Compassionate Use of Medical Cannabis Program Act. After administering the product, the parent or guardian or other individual shall remove the product from the school premises or the school bus.
(b-5) Notwithstanding subsection (b) and subject to the restrictions under subsections (c) through (g), a school district, public school, charter school, or nonpublic school must allow a school nurse or school administrator to administer a medical cannabis infused product to a student who is a registered qualifying patient (i) while on school premises, (ii) while at a school-sponsored activity, or (iii) before or after normal school activities, including while the student is in before-school or after-school care on school-operated property or while the student is being transported on a school bus. A school district, public school, charter school, or nonpublic school may authorize the self-administration of a medical cannabis infused product by a student who is a registered qualifying patient if the self-administration takes place under the direct supervision of a school nurse or school administrator.
Before allowing the administration of a medical cannabis infused product by a school nurse or school administrator or a student's self-administration of a medical cannabis infused product under the supervision of a school nurse or school administrator under this subsection, the parent or guardian of a student who is the registered qualifying patient must provide written authorization for its use, along with a copy of the registry identification card of the student (as a registered qualifying patient) and the parent or guardian (as a registered designated caregiver). The written authorization must specify the times at which or the special circumstances under which the medical cannabis infused product must be administered. The written authorization and a copy of the registry identification cards must be kept on file in the office of the school nurse. The authorization for a student to self-administer medical cannabis infused products is effective for the school year in which it is granted and must be renewed each subsequent school year upon fulfillment of the requirements of this Section.
(b-10) Medical cannabis infused products that are to be administered under subsection (b-5) must be stored with the school nurse at all times in a manner consistent with storage of other student medication at the school and may be accessible only by the school nurse or a school administrator.
(c) A parent or guardian or other individual may not administer a medical cannabis infused product under this Section in a manner that, in the opinion of the school district or school, would create a disruption to the school's educational environment or would cause exposure of the product to other students.
(d) A school district or school may not discipline a student who is administered a medical cannabis infused product by a parent or guardian or other individual under this Section or who self-administers a medical cannabis infused product under the supervision of a school nurse or school administrator under this Section and may not deny the student's eligibility to attend school solely because the student requires the administration of the product.
(e)   Nothing in this Section requires a member of a school's staff to administer a medical cannabis infused product to a student.
(f)   A school district, public school, charter school, or nonpublic school may not authorize the use of a medical cannabis infused product under this Section if the school district or school would lose federal funding as a result of the authorization.
(f-5) The State Board of Education, in consultation with the Department of Public Health, must develop a training curriculum for school nurses  and school administrators on the administration of medical cannabis infused products. Prior to the administration of a medical cannabis infused product under subsection (b-5), a school nurse or school administrator must annually complete the training curriculum developed under this subsection and must submit to the school's administration proof of its completion. A school district, public school, charter school, or nonpublic school must maintain records related to the training curriculum and of the school nurses or school administrators who have completed the training.
(g)   A school district, public school, charter school, or nonpublic school shall adopt a policy to implement
this Section.
(Source: P.A. 101-363, eff. 8-9-19; 101-370, eff. 1-1-20; 102-558, eff. 8-20-21.)
(105 ILCS 5/22-35)
Sec. 22-35. Sharing information on school lunch applicants;
consent.  Before an entity shares with the Department of Healthcare and Family Services
						
						information on an applicant for free or reduced-price lunches under
Section 2-3.131, 3-14.29, 10-28, or 34-18.26 of this Code or Section 10 of the
School
Breakfast and Lunch Program Act, that entity must obtain, in writing,
the consent of the applicant's parent or legal guardian.
The Department of Healthcare and Family Services may not seek any punitive action against
or withhold any benefit or subsidy from an applicant for a free or
reduced-price lunch due to the applicant's parent or legal guardian withholding
consent.
(Source: P.A. 95-331, eff. 8-21-07.)
(105 ILCS 5/22-40)
Sec. 22-40. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(105 ILCS 5/22-45)
Sec. 22-45. Illinois P-20 Council.
(a)  The General Assembly finds that preparing Illinoisans for success in school and the workplace requires a continuum of quality education from preschool through graduate school.  This State needs a framework to guide education policy and integrate education at every level.  A statewide coordinating council to study and make recommendations concerning education at all levels can avoid fragmentation of policies, promote improved teaching and learning, and continue to cultivate and demonstrate strong accountability and efficiency.  Establishing an Illinois P-20 Council will develop a statewide agenda that will move the State towards the common goals of improving academic achievement, increasing college access and success, improving use of existing data and measurements, developing improved  accountability, fostering innovative approaches to education, promoting lifelong learning, easing the transition to college, and reducing remediation.  A pre-kindergarten through grade 20  agenda will strengthen this State's economic competitiveness by producing a highly-skilled workforce.  In addition, lifelong learning plans will enhance this State's ability to leverage funding.
(b) There is created the Illinois P-20 Council. The Illinois P-20 Council shall include all of the following members:
(1) The Governor or his or her designee, to serve as     chairperson.
(2) Four members of the General Assembly, one     appointed by the Speaker of the House of Representatives, one appointed by the Minority Leader of the House of Representatives, one appointed by the President of the Senate, and one appointed by the Minority Leader of the Senate.
(3) Six at-large members appointed by the Governor as     follows, with 2 members being from the City of Chicago, 2 members being from Lake County, McHenry County, Kane County, DuPage County, Will County, or that part of Cook County outside of the City of Chicago, and 2 members being from the remainder of the State:
(A) one representative of civic leaders;
(B) one representative of local government;
(C) one representative of trade unions;
(D) one representative of nonprofit organizations         or foundations;
(E) one representative of parents' organizations;         and
(F) one education research expert.
(4) Five members appointed by statewide business     organizations and business trade associations.
(5) Six members appointed by statewide professional     organizations and associations representing pre-kindergarten through grade 20 teachers, community college faculty, and public university faculty.
(6) Two members appointed by associations     representing local school administrators and school board members. One of these members must be a special education administrator.
(7) One member representing community colleges,     appointed by the Illinois Council of Community College Presidents.
(8) One member representing 4-year independent     colleges and universities, appointed by a statewide organization representing private institutions of higher learning.
(9) One member representing public 4-year     universities, appointed jointly by the university presidents and chancellors.
(10) Ex-officio members as follows:
(A) The State Superintendent of Education or his         or her designee.
(B) The Executive Director of the Board of Higher         Education or his or her designee.
(C) The Executive Director of the Illinois         Community College Board or his or her designee.
(D) The Executive Director of the Illinois         Student Assistance Commission or his or her designee.
(E) The Co-chairpersons  of the Illinois         Workforce Investment Board or their designee.
(F) The Director of Commerce  and  Economic         Opportunity or his or her designee.
(G) The Chairperson of the Illinois Early         Learning Council or his or her designee.
(H) The President of the Illinois Mathematics and         Science Academy or his or her designee.
(I) The president of an association representing         educators of adult learners or his or her designee.Ex-officio members shall have no vote on the Illinois P-20  Council.
Appointed members shall serve for staggered terms expiring on July 1 of the first, second, or third calendar year following their appointments or until their successors  are  appointed  and  have  qualified. Staggered terms shall  be determined by lot at the organizing meeting of the Illinois P-20 Council.
Vacancies  shall  be  filled in the  same manner as  original appointments, and any member so appointed shall serve during the remainder of the term for which the vacancy occurred.
(c)  The  Illinois  P-20 Council  shall be  funded through  State  appropriations  to  support  staff  activities, research, data-collection, and dissemination. The Illinois  P-20 Council shall be staffed by the Office of the Governor, in coordination with relevant State agencies, boards, and commissions.  The  Illinois  Education Research  Council  shall  provide  research  and  coordinate research collection activities for the Illinois  P-20 Council.
(d)  The Illinois  P-20 Council  shall have all of the following duties:
(1) To make recommendations to do all of the     following:
(A) Coordinate pre-kindergarten through grade 20         (graduate school) education in this State through working at the intersections of educational systems to promote collaborative infrastructure.
(B)  Coordinate and leverage strategies, actions,         legislation, policies, and resources of all stakeholders to support fundamental and lasting improvement in this State's public schools, community colleges, and universities.
(C) Better align the high school curriculum with         postsecondary expectations.
(D) Better align assessments across all levels of         education.
(E) Reduce the need for students entering         institutions of higher education to take remedial courses.
(F) Smooth the transition from high school to         college.
(G) Improve high school and college graduation         rates.
(H) Improve the rigor and relevance of academic         standards for college and workforce readiness.
(I) Better align college and university teaching         programs with the needs of Illinois schools.
(2) To advise the Governor,  the General Assembly,      the State's education and higher education agencies, and the State's  workforce  and  economic  development  boards  and agencies  on  policies  related  to  lifelong  learning  for Illinois students and families.
(3) To articulate a framework for systemic     educational improvement and innovation that will enable every student to meet or exceed Illinois learning standards and be well-prepared to succeed in the workforce and community.
(4) To provide an estimated fiscal impact for     implementation of all Council recommendations.
(5) To make recommendations for short-term and     long-term learning recovery actions for public school students in this State in the wake of the COVID-19 pandemic. The Illinois P-20 Council shall submit a report with its recommendations for a multi-year recovery plan by December 31, 2021 to the Governor, the State Board of Education, the Board of Higher Education, the Illinois Community College Board, and the General Assembly that addresses all of the following:
(A) Closing the digital divide for all students,         including access to devices, Internet connectivity, and ensuring that educators have the necessary support and training to provide high quality remote and blended learning to students.
(B) Evaluating the academic growth and         proficiency of students in order to understand the impact of school closures and remote and blended remote learning conditions on student academic outcomes, including disaggregating data by race, income, diverse learners, and English learners, in ways that balance the need to understand that impact with the need to support student well-being and also take into consideration the logistical constraints facing schools and districts.
(C) Establishing a system for the collection and         review of student data at the State level, including data about prekindergarten through higher education student attendance, engagement and participation, discipline, and social-emotional and mental health inputs and outcomes, in order to better understand the full impact of disrupted learning.
(D) Providing students with resources and         programs for academic support, such as enrichment opportunities, tutoring corps, summer bridge programs, youth leadership and development programs, youth and community-led restorative and transformative justice programs, and youth internship and apprenticeship programs.
(E) Providing students with resources and support         to ensure access to social-emotional learning, mental health services, and trauma responsive, restorative justice and anti-racist practices in order to support the growth of the whole child, such as investing in community schools and providing comprehensive year-round services and support for both students and their families.
(F) Ensuring more time for students' academic,         social-emotional, and mental health needs by considering such strategies as: (i) extending planning time for teachers, (ii) extending the school day and school year, and (iii) transitioning to year-round schooling.
(G) Strengthening the transition from secondary         education to postsecondary education in the wake of threats to alignment and affordability created by the pandemic and related conditions.
(e)  The chairperson of the Illinois P-20 Council  may authorize the creation of working groups focusing on areas of interest to Illinois educational and workforce development, including without limitation the following areas:
(1)  Preparation, recruitment, and certification of     highly qualified teachers.
(2)  Mentoring and induction of highly qualified     teachers.
(3)  The diversity of highly qualified teachers.
(4)  Funding for highly qualified teachers, including     developing a strategic and collaborative plan to seek federal and private grants to support initiatives targeting teacher preparation and its impact on student achievement.
(5)  Highly effective  administrators.
(6)  Illinois birth through age 3 education,     pre-kindergarten, and early childhood education.
(7) The assessment, alignment, outreach, and network     of college and workforce readiness efforts.
(8)  Alternative routes to college access.
(9)  Research data and accountability.
(10) Community schools, community participation, and     other innovative approaches to education that foster community partnerships.
(11) Tuition, financial aid, and other issues related     to keeping postsecondary education affordable for Illinois residents.
(12) Learning recovery in the wake of the COVID-19     pandemic.
The chairperson of the Illinois P-20 Council may  designate Council  members to serve as working group chairpersons.  Working groups may invite organizations and individuals representing pre-kindergarten through grade 20 interests to participate in discussions, data collection, and dissemination.
(Source: P.A. 101-654, eff. 3-8-21.)
(105 ILCS 5/22-50)
Sec. 22-50. Twice-exceptional children; recommendations. The State Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children shall research and discuss best practices for addressing the needs of "twice-exceptional" children, those who are gifted and talented and have a disability. The Councils shall then jointly make recommendations to the State Board of Education with respect to the State Board of Education  providing guidance and technical assistance to school districts in furthering improved educational outcomes for gifted and twice-exceptional children. Recommendations shall include strategies to
(i) educate teachers and other providers about the unique needs of this population, (ii) train teachers in target, research-based, identification and pedagogical methods, and (iii) establish guidelines for unique programming for twice-exceptional students.
(Source: P.A. 96-382, eff. 8-13-09; 96-1000, eff. 7-2-10.)
(105 ILCS 5/22-55)
Sec. 22-55. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-355, eff. 1-1-12.)
(105 ILCS 5/22-60)
(Text of Section before amendment by P.A. 102-466)
Sec. 22-60. Unfunded mandates prohibited.
(a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required:
(1) Any mandate in this Code enacted after the     effective date of this amendatory Act of the 96th General Assembly.
(2) Any regulatory mandate promulgated by the State     Board of Education and adopted by rule after the effective date of this amendatory Act of the 96th General Assembly other than those promulgated with respect to  this Section or statutes already enacted on or before the effective date of this amendatory Act of the 96th General Assembly.
(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.
Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive.
The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results.
If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
    If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.  However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.
If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities.  The list shall be provided to the State Board of Education upon request.
(c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education or (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application.
(d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 96-1441, eff. 8-20-10.)
(Text of Section after amendment by P.A. 102-466)
Sec. 22-60. Unfunded mandates prohibited.
(a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required:
(1) Any mandate in this Code enacted after the     effective date of this amendatory Act of the 96th General Assembly.
(2) Any regulatory mandate promulgated by the State     Board of Education and adopted by rule after the effective date of this amendatory Act of the 96th General Assembly other than those promulgated with respect to  this Section or statutes already enacted on or before the effective date of this amendatory Act of the 96th General Assembly.
(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.
Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive.
The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results.
If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year.
    If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.  However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.
If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities.  The list shall be provided to the State Board of Education upon request.
(c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education, (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application, or (iii) any changes made to this Code by this amendatory Act of the 102nd General Assembly.
(d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 102-466, eff. 7-1-25.)
(105 ILCS 5/22-65)
Sec. 22-65. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 99-30, eff. 7-10-15.)
(105 ILCS 5/22-70)
Sec. 22-70. Enrollment information; children of military personnel.  At the time of annual enrollment or at any time during the school year, a school district or a recognized non-public school, except for sectarian non-public schools, serving any of grades kindergarten through 12 shall provide, either on its standard enrollment form or on a separate form, the opportunity for  the individual enrolling the student to voluntarily state whether the student has a parent or guardian who is a member of a branch of the armed forces of the United States and who is either deployed to active duty or expects to be deployed to active duty during the school year.   Each school district and recognized non-public school shall report this enrollment information as aggregate data to the State Board of Education.
(Source: P.A. 97-505, eff. 8-23-11; 97-813, eff. 7-13-12.)
(105 ILCS 5/22-75)
Sec. 22-75. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed by P.A. 99-30, eff. 7-10-15.)
(105 ILCS 5/22-76)
Sec. 22-76. (Repealed).
(Source: P.A. 98-463, eff. 8-16-13. Repealed internally, eff. 9-1-2013.)
(105 ILCS 5/22-77)
Sec. 22-77. (Repealed).
(Source: P.A. 98-861, eff. 8-5-14. Repealed internally, eff. 7-1-14.)
(105 ILCS 5/22-80)
Sec. 22-80. Student athletes; concussions and head injuries.
(a)  The General Assembly recognizes all of the following:
(1) Concussions are one of the most commonly reported     injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3,900,000 sports-related and recreation-related concussions occur in the United States each year.  A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed.
(2) Concussions are a type of brain injury that can     range from mild to severe and can disrupt the way the brain normally works.  Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority of concussions occur without loss of consciousness.
(3) Continuing to play with a concussion or symptoms     of a head injury leaves a young athlete especially vulnerable to greater injury and even death. The General Assembly recognizes that, despite having generally recognized return-to-play standards for concussions and head injuries, some affected youth athletes are prematurely returned to play, resulting in actual or potential physical injury or death to youth athletes in this State.
(4) Student athletes who have sustained a concussion     may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff until the student is fully recovered.  To that end, all schools are encouraged to establish a return-to-learn protocol that is based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines and conduct baseline testing for student athletes.
(b) In this Section:
"Athletic trainer" means an athletic trainer licensed under the Illinois Athletic Trainers Practice Act who is working under the supervision of a physician.
"Coach" means any volunteer or employee of a school who is responsible for organizing and supervising students to teach them or train them in the fundamental skills of an interscholastic athletic activity. "Coach" refers to both head coaches and assistant coaches.
"Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns and which may or may not involve a loss of consciousness.
"Department" means the Department of Financial and Professional Regulation.
"Game official" means a person who officiates at an interscholastic athletic activity, such as a referee or umpire, including, but not limited to, persons enrolled as game officials by the Illinois High School Association or Illinois Elementary School Association.
"Interscholastic athletic activity" means any organized school-sponsored or school-sanctioned activity for students, generally outside of school instructional hours, under the direction of a coach, athletic director, or band leader, including, but not limited to, baseball, basketball, cheerleading, cross country track, fencing, field hockey, football, golf, gymnastics, ice hockey, lacrosse, marching band, rugby, soccer, skating, softball, swimming and diving, tennis, track (indoor and outdoor), ultimate Frisbee, volleyball, water polo, and wrestling.  All interscholastic athletics are deemed to be interscholastic activities.
"Licensed healthcare professional" means a person who has experience with concussion management and who is a nurse, a psychologist who holds a license under the Clinical Psychologist Licensing Act and specializes in the practice of neuropsychology, a physical therapist licensed under the Illinois Physical Therapy Act, an occupational therapist licensed under the Illinois Occupational Therapy Practice Act, a physician assistant, or an athletic trainer.
"Nurse" means a person who is employed by or volunteers at a school and is licensed under the Nurse Practice Act as a registered nurse, practical nurse, or advanced practice registered nurse.
"Physician" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.
"Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987.
"School" means any public or private elementary or secondary school, including a charter school.
"Student" means an adolescent or child enrolled in a school.
(c) This Section applies to any interscholastic athletic activity, including practice and competition, sponsored or sanctioned by a school, the Illinois Elementary School Association, or the Illinois High School Association.  This Section applies beginning with the 2016-2017 school year.
(d) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall appoint or approve a concussion oversight team.  Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to interscholastic athletics practice or competition following a force or impact believed to have caused a concussion.  Each concussion oversight team shall also establish a return-to-learn protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to the classroom after that student is believed to have experienced a concussion, whether or not the concussion took place while the student was participating in an interscholastic athletic activity.
Each concussion oversight team must include to the extent practicable at least one physician. If a school employs an athletic trainer, the athletic trainer must be a member of the school concussion oversight team to the extent practicable.  If a school employs a nurse, the nurse must be a member of the school concussion oversight team to the extent practicable. At a minimum, a school shall appoint a person who is responsible for implementing and complying with the return-to-play and return-to-learn protocols adopted by the concussion oversight team. At a minimum, a concussion oversight team may be composed of only one person and this person need not be a licensed healthcare professional, but it may not be a coach. A school may appoint other licensed healthcare professionals to serve on the concussion oversight team.
(e) A student may not participate in an interscholastic athletic activity for a school year until the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion.  The form must be approved by the Illinois High School Association.
(f) A student must be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition:
(1) a coach;
(2) a physician;
(3) a game official;
(4) an athletic trainer;
(5) the student's parent or guardian or another     person with legal authority to make medical decisions for the student;
(6) the student; or
(7) any other person deemed appropriate under the     school's return-to-play protocol.
(g) A student removed from an interscholastic athletics practice or competition under this Section may not be permitted to practice or compete again following the force or impact believed to have caused the concussion until:
(1) the student has been evaluated, using established     medical protocols based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, by a treating physician (chosen by the student or the student's parent or guardian or another person with legal authority to make medical decisions for the student), an athletic trainer, an advanced practice registered nurse, or a physician assistant;
(2) the student has successfully completed each     requirement of the return-to-play protocol established under this Section necessary for the student to return to play;
(3) the student has successfully completed each     requirement of the return-to-learn protocol established under this Section necessary for the student to return to learn;
(4) the treating physician, the athletic trainer, or     the physician assistant has provided a written statement indicating that, in the physician's professional judgment, it is safe for the student to return to play and return to learn or the treating advanced practice registered nurse has provided a written statement indicating that it is safe for the student to return to play and return to learn; and
(5) the student and the student's parent or guardian     or another person with legal authority to make medical decisions for the student:
(A) have acknowledged that the student has         completed the requirements of the return-to-play and return-to-learn protocols necessary for the student to return to play;
(B) have provided the treating physician's,         athletic trainer's, advanced practice registered nurse's, or physician assistant's written statement under subdivision (4) of this subsection (g) to the person responsible for compliance with the return-to-play and return-to-learn protocols under this subsection (g) and the person who has supervisory responsibilities under this subsection (g); and
(C) have signed a consent form indicating that         the person signing:
(i) has been informed concerning and consents             to the student participating in returning to play in accordance with the return-to-play and return-to-learn protocols;
(ii) understands the risks associated with             the student returning to play and returning to learn and will comply with any ongoing requirements in the return-to-play and return-to-learn protocols; and
(iii) consents to the disclosure to             appropriate persons, consistent with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), of the treating physician's, athletic trainer's, physician assistant's, or advanced practice registered nurse's written statement under subdivision (4) of this subsection (g) and, if any, the return-to-play and return-to-learn recommendations of the treating physician, the athletic trainer, the physician assistant, or the advanced practice registered nurse, as the case may be.
A coach of an interscholastic athletics team may not authorize a student's return to play or return to learn.
The district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol and shall supervise the person responsible for compliance with the return-to-learn protocol.  The person who has supervisory responsibilities under this paragraph may not be a coach of an interscholastic athletics team.
(h)(1) The Illinois High School Association shall approve, for coaches, game officials, and non-licensed healthcare professionals, training courses that provide for not less than 2 hours of training in the subject matter of concussions, including evaluation, prevention, symptoms, risks, and long-term effects.  The Association shall maintain an updated list of individuals and organizations authorized by the Association to provide the training.
(2) The following persons must take a training course in accordance with paragraph (4) of this subsection (h) from an authorized training provider at least once every 2 years:
(A) a coach of an interscholastic athletic activity;
(B) a nurse, licensed healthcare professional, or     non-licensed healthcare professional who serves as a member of a concussion oversight team either on a volunteer basis or in his or her capacity as an employee, representative, or agent of a school; and
(C) a game official of an interscholastic athletic     activity.
(3) A physician who serves as a member of a concussion oversight team shall, to the greatest extent practicable, periodically take an appropriate continuing medical education course in the subject matter of concussions.
(4) For purposes of paragraph (2) of this subsection (h):
(A) a coach, game official, or non-licensed     healthcare professional, as the case may be, must take a course described in paragraph (1) of this subsection (h);
(B) an athletic trainer must take a     concussion-related continuing education course from an athletic trainer continuing education sponsor approved by the Department;
(C) a nurse must take a concussion-related continuing     education course from a nurse continuing education sponsor approved by the Department;
(D) a physical therapist must take a     concussion-related continuing education course from a physical therapist continuing education sponsor approved by the Department;
(E) a psychologist must take a concussion-related     continuing education course from a psychologist continuing education sponsor approved by the Department;
(F) an occupational therapist must take a     concussion-related continuing education course from an occupational therapist continuing education sponsor approved by the Department; and
(G) a physician assistant must take a     concussion-related continuing education course from a physician assistant continuing education sponsor approved by the Department.
(5) Each person described in paragraph (2) of this subsection (h) must submit proof of timely completion of an approved course in compliance with paragraph (4) of this subsection (h) to the district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school.
(6) A physician, licensed healthcare professional, or non-licensed healthcare professional who is not in compliance with the training requirements under this subsection (h) may not serve on a concussion oversight team in any capacity.
(7) A person required under this subsection (h) to take a training course in the subject of concussions must complete the training prior to serving on a concussion oversight team in any capacity.
(i) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall develop a school-specific emergency action plan for interscholastic athletic activities to address the serious injuries and acute medical conditions in which the condition of the student may deteriorate rapidly.  The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and a plan for emergency transport.  This emergency action plan must be:
(1) in writing;
(2) reviewed by the concussion oversight team;
(3) approved by the district superintendent or the     superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school;
(4) distributed to all appropriate personnel;
(5) posted conspicuously at all venues utilized by     the school; and
(6) reviewed annually by all athletic trainers, first     responders (including, but not limited to, emergency medical dispatchers), coaches, school nurses, athletic directors, and volunteers for interscholastic athletic activities.
(j) The State Board of Education shall adopt rules as necessary to administer this Section, including, but not limited to, rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.
(Source: P.A. 101-81, eff. 7-12-19; 102-1006, eff. 1-1-23.)
(105 ILCS 5/22-81)
Sec. 22-81. Drug education and youth overdose prevention. By July 1, 2024, the State Board of Education and the Department of Human Services shall work in consultation with relevant stakeholders, including the Illinois Opioid Crisis Response Advisory Council, to develop and update substance use prevention and recovery resource materials for public elementary and secondary schools. A Substance Use Prevention and Recovery Instruction Resource Guide shall be made available on the State Board of Education's Internet website and shall be sent via electronic mail to all regional offices of education and school districts in this State. The Resource Guide shall provide guidance for school districts and educators regarding student instruction in the topics of substance use prevention and recovery at an age and developmentally appropriate level and shall be reviewed and updated appropriately based on new findings and trends as determined by the State Board of Education or the Department of Human Services.  A school district's use of the Resource Guide shall be voluntary. All resources and recommendations within the Resource Guide shall align with the substance use prevention and recovery related topics within the Illinois Learning Standards for Physical Development and Health and the State of Illinois Opioid Action Plan. The  Resource Guide shall, at a minimum, include all the following:
(1) Age-appropriate, comprehensive, reality-based,     safety-focused, medically accurate and evidence-informed information that reduces substance-use risk factors and promotes protective factors.
(2) Information about where to locate stories and     perspectives of people with lived experiences for incorporation into classroom instruction.
(3) Resources regarding how to make substance use     prevention and recovery instruction interactive at each grade level.
(4) Information on how school districts may involve     parents, caregivers, teachers, healthcare providers, and community members in the instructional process.
(5) Ways to create instructional programs that are     representative of diverse demographic groups and appropriate for each age, grade, and culture represented in classrooms in this State.
(6)  Resources that reflect the prevention continuum     from universal to selected tactics that address young people's substance use, and current and projected substance use and overdose trends.
(7) Citations and references the most up-to-date     version of the State of Illinois Overdose Action Plan.
(8) Resources that reflect the importance of     education for youth, their families, and their community about:
(A) substance types, the substance use continuum,         the impact of substances on the brain and body, and contributing factors that lead to substance use, such as underlying co-occurring health issues and trauma;
(B) the history of drugs and health policy in         this State and the country, the impact of zero tolerance, and restorative justice practices;
(C) risk mitigation and harm reduction, including         abstinence and responding to an overdose with the use of naloxone and fentanyl test strips;
(D) addressing adverse childhood experiences,         such as witnessing and experiencing violence, abuse, caregiver loss, and other trauma, especially among young people of color;
(E) the social and health inequities among racial         and ethnic minorities; and
(F) strategies and resources for coping with         stress, trauma, substance use, and other risky behavior in non-punitive ways to help oneself or others.
Subject to appropriation, the Department of Human Services shall reimburse a grantee for any costs associated with facilitating a heroin and opioid overdose prevention instructional program for school districts seeking to provide instruction under this type of program.  Each school district that seeks to participate in the program shall have the discretion to determine which grade levels the school district will instruct under the program.
The program must use effective, research-proven, interactive teaching methods and technologies, and must provide students, parents, and school staff with scientific, social, and emotional learning content to help them understand the risk of drug use.  Such learning content must specifically target the dangers of prescription pain medication and heroin abuse.  The Department may contract with a health education organization to fulfill the requirements of the program.
(Source: P.A. 102-894, eff. 5-20-22; 103-399, eff. 7-28-23.)
(105 ILCS 5/22-82)
Sec. 22-82. Assessment reporting.
(a)  Before the 30th day of each school year, beginning with the 2016-2017 school year, every school district shall report, for each of its schools, all of the following to the State Board of Education, using a form developed by the State Board of Education:
(1) Every reliable assessment that measures a certain     group or subset of students in the same manner with the same potential assessment items; is scored by a non-district entity; is administered either statewide or beyond Illinois, such as assessments available from the Northwest Evaluation Association, Scantron Performance Series assessments, Renaissance Learning's STAR Reading Enterprise assessments, the College Board's SAT, Advanced Placement or International Baccalaureate examinations, or ACT's Educational Planning and Assessment System tests; and will be administered by each school that school year.
(2) The administration window for each of these     assessments.
(3) Which entity is requiring the assessment (State,     school district, network, or principal).
(4) Which grade levels will be taking the assessment.
(5)  Which subsets of students, such as English     Learners and special education students, will be taking the assessment.
(6) An estimate of the average time it will take a     student to complete the assessment.
(7) If the results of the assessment are to be used     for purposes other than for guiding instruction, what the results of the assessment will be used for, such as for promotion, course placement, graduation, teacher evaluation, or school performance ratings.
(b)  The State Board of Education shall compile the information reported under subsection (a) of this Section for each school year and make that information available to the public.  Each school shall also make that information publicly available to the parents and guardians of its students through the school district's Internet website or distribution in paper form.
(c)  The State Board of Education may adopt any rules necessary to carry out its responsibilities under this Section.
(Source: P.A. 99-590, eff. 7-22-16.)
(105 ILCS 5/22-83)
Sec. 22-83. Police training academy job training program.
(a) In a county of 175,000 or more inhabitants, any school district with a high school may establish one or more partnerships with a local police department, county sheriff, or police training academy to establish a jobs training program for high school students. The school district shall establish its partnership or partnerships on behalf of all of the high schools in the district; no high school shall establish a partnership for this purpose separate from the school district's partnership under this Section. The jobs training program shall be open to all students, regardless of prior academic history. However, to encourage and maintain successful program participation and partnerships, the school districts and their partner agencies may impose specific program requirements.
(b) The State Board of Education shall track participation and the success of students participating in the jobs training program established under this Section and annually publish a report on its website examining the program and its success.
(Source: P.A. 100-331, eff. 1-1-18.)
(105 ILCS 5/22-85)
Sec. 22-85. Sexual abuse at schools.
(a) The General Assembly finds that:
(1) investigation of a child regarding an incident of     sexual abuse can induce significant trauma for the child;
(2) it is desirable to prevent multiple interviews of     a child at a school; and
(3) it is important to recognize the role of     Children's Advocacy Centers in conducting developmentally appropriate investigations.
(b) In this Section:
"Alleged incident of sexual abuse" is limited to an incident of sexual abuse of a child  that is alleged to have been perpetrated by school personnel, including a school vendor or volunteer, that occurred (i) on school grounds or during a school activity or (ii) outside of school grounds or not during a school activity.
"Appropriate law enforcement agency" means a law enforcement agency whose employees have been involved, in some capacity, with an investigation of a particular alleged incident of sexual abuse.
(c) If a mandated reporter within a school has knowledge of an alleged incident of sexual abuse, the reporter must call the Department of Children and Family Services' hotline established under Section 7.6 of the Abused and Neglected Child Reporting Act immediately after obtaining the minimal information necessary to make a report, including the names of the affected parties and the allegations. The State Board of Education must make available materials detailing the information that is necessary to enable notification to the Department of Children and Family Services of an alleged incident of sexual abuse. Each school must ensure that mandated reporters review the State Board of Education's materials and materials developed by the Department of Children and Family Services and distributed in the school building under Section 7 of the Abused and Neglected Child Reporting Act at least once annually.
(d) For schools in a county with an accredited Children's Advocacy Center, every alleged incident of sexual abuse that is reported to the Department of Children and Family Services' hotline or a law enforcement agency and is subsequently accepted for investigation must be referred by the entity that received the report to the local Children's Advocacy Center pursuant to that county's multidisciplinary team's protocol under the Children's Advocacy Center Act for investigating child sexual abuse allegations.
(e) A county's local Children's Advocacy Center must, at a minimum, do both of the following regarding a referred case of an alleged incident of sexual abuse:
(1) Coordinate the investigation of the alleged     incident, as governed by the local Children's Advocacy Center's existing multidisciplinary team protocol and according to National Children's Alliance accreditation standards.
(2) Facilitate communication between the     multidisciplinary team investigating the alleged incident of sexual abuse and, if applicable, the referring school's (i) Title IX officer, or his or her designee, (ii) school resource officer, or (iii) personnel leading the school's investigation into the alleged incident of sexual abuse. If a school uses a designated entity to investigate a sexual abuse allegation, the multidisciplinary team may  correspond only with that entity and any reference in this Section to "school" refers to that designated entity. This facilitation of communication must, at a minimum, ensure that all applicable parties have each other's contact information and must share the county's local Children's Advocacy Center's protocol regarding the process of approving the viewing of a forensic interview, as defined under Section 2.5 of the Children's Advocacy Center Act, by school personnel and a contact person for questions relating to the protocol.
(f) After an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the criminal and child abuse investigations related to that alleged incident are being conducted by the local multidisciplinary team, the school relevant to the alleged incident of sexual abuse must comply with both of the following:
(1) It may not interview the alleged victim regarding     details of the alleged incident of sexual abuse until after the completion of the forensic interview of that victim is conducted at a Children's Advocacy Center. This paragraph does not prohibit a school from requesting information from the alleged victim or his or her parent or guardian to ensure the safety and well-being of the alleged victim at school during an investigation.
(2) If asked by  a law enforcement agency or an     investigator of the  Department of Children and Family Services who is conducting the investigation, it must inform those individuals of any evidence the school has gathered pertaining to an alleged incident of sexual abuse, as permissible by federal or State law.
(g) After completion of a forensic interview, the multidisciplinary team must notify the school relevant to the alleged incident of sexual abuse of its completion. If, for any reason, a multidisciplinary team determines it will not conduct a forensic interview in a specific investigation, the multidisciplinary team must notify the school as soon as the determination is made. If a forensic interview has not been conducted within 15 calendar days after opening an investigation, the school may notify the multidisciplinary team that it intends to interview the alleged victim. No later than 10 calendar days after this notification, the multidisciplinary team may conduct the forensic interview and, if the multidisciplinary team does not conduct the interview, the school may proceed with its interview.
(h) To the greatest extent possible considering student safety and Title IX compliance, school personnel may view the electronic recordings of a forensic interview of an alleged victim of an incident of sexual abuse. As a means to avoid additional interviews of an alleged victim, school personnel must be granted viewing access to the electronic recording of a forensic interview conducted at an accredited Children's Advocacy Center for an alleged incident of sexual abuse only if the school receives (i) approval from the multidisciplinary team investigating the case and (ii) informed consent by a child over the age of 13 or the child's parent or guardian. Each county's local Children's Advocacy Center and multidisciplinary team must establish an internal protocol regarding the process of approving the viewing of the forensic interview, and this process and the contact person must be shared with the school contact at the time of the initial facilitation. Whenever possible, the school's viewing of the electronic recording of a forensic interview should be conducted in lieu of the need for additional interviews.
(i) For an alleged incident of sexual abuse that has been accepted for investigation by a multidisciplinary team, if, during the course of its internal investigation and at any point during or after the multidisciplinary team's investigation, the school determines that it needs to interview the alleged victim to successfully complete its investigation and the victim is under 18 years of age, a child advocate must be made available to the student and may be present during the school's interview. A child advocate may be a school social worker, a school or equally qualified psychologist, or a person in a position the State Board of Education has identified as an appropriate advocate for the student during a school's investigation into an alleged incident of sexual abuse.
(j) The Department of Children and Family Services must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete. The notification must include information on the outcome of that investigation.
(k) The appropriate law enforcement agency must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is complete or has been suspended. The notification must include information on the outcome of that investigation.
(l) This Section applies to all schools operating under this Code, including, but not limited to, public schools located in cities having a population of more than 500,000, a school operated pursuant to an agreement with a public school district, alternative schools operated by third parties, an alternative learning opportunities program, a public school administered by a local public agency or the Department of Human Services, charter schools operating under the authority of Article 27A, and non-public schools recognized by the State Board of Education.
(Source: P.A. 101-531, eff. 8-23-19; 102-558, eff. 8-20-21.)
(105 ILCS 5/22-85.5)
Sec. 22-85.5. Sexual misconduct in schools.
(a) This Section applies beginning on July 1, 2022.
(b) The General Assembly finds that:
(1) the success of students in school relies on safe     learning environments and healthy relationships with school personnel;
(2) it is important for staff to maintain a     professional relationship with students at all times and to define staff-student boundaries to protect students from sexual misconduct by staff and staff from the appearance of impropriety;
(3) many breaches of staff-student boundaries do not     rise to the level of criminal behavior but do pose a potential risk to student safety;
(4) repeated violations of staffstudent boundaries     can indicate the grooming of a  student for sexual abuse;
(5) it is necessary to uphold the State Board of     Education's Code of Ethics for Illinois Educators and for each school district, charter school, or nonpublic school to have an employee code of professional conduct policy;
(6) each school district, charter school, or     nonpublic school must have the ability to discipline educators for breaches of its employee code of professional conduct policy;
(7) each school district, charter school, or     nonpublic school must have the ability to know if any of its educators have violated professional staffstudent boundaries in previous employment; and
(8) as bystanders, educators may have knowledge of     concerning behaviors that no one else is aware of, so they need adequate training on sexual abuse, the employee code of professional conduct policy, and federal and State reporting requirements.
(c) In this Section, "sexual misconduct" means any act, including, but not limited to,
any verbal, nonverbal, written, or electronic communication or
physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Such an act includes, but is not limited to, any of the following:
(1)  A sexual or romantic invitation.
(2)  Dating or soliciting a date.
(3)  Engaging in sexualized or romantic dialog.
(4)  Making sexually suggestive comments that are     directed toward or with a student.
(5)  Self-disclosure or physical exposure of a     sexual, romantic, or erotic nature.
(6)  A sexual, indecent, romantic, or erotic contact     with the student.
(d) To prevent sexual misconduct with students, each school district, charter school, or nonpublic school shall develop an employee code of professional conduct policy that addresses all of the following:
(1) Incorporates the Code of Ethics for Illinois     Educators.
(2) Incorporates the definition of "sexual     misconduct" in this Section.
(3) Identifies the expectations for employees and     agents of the school district, charter school, or nonpublic school regarding  how to maintain a professional relationship with students, including the expectations for staff-student boundaries, recognizing the age and developmental level of the students served, and establishes guidelines for all of the following situations:
(A) Transporting a student.
(B) Taking or possessing a photo or a video of a         student.
(C) Meeting with a student or contacting a         student outside of the employee's or agent's professional role.
(4) References the employee reporting requirements     required under the Abused and Neglected Child Reporting Act and under Title IX of the federal Education Amendments of 1972.
(5) References required employee training that is     related to child abuse and educator ethics that are applicable under State and federal law.
(e) The employee code of professional conduct policy must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic, nonsectarian elementary or secondary school.
(f) A violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment. Failure to report a violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment.
(Source: P.A. 102-676, eff. 12-3-21.)
(105 ILCS 5/22-85.10)
Sec. 22-85.10. Parental notification of sexual misconduct.
(a) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of an enrolled student, unless the student is at least 18 years of age or emancipated, with whom an employee, agent of the school, or a contractor of the school is alleged to have engaged in sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code.  Notice provided to the parent or guardian of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include:
(1) Consideration of the time frame for providing     notice to the student and the student's parents or guardians if the alleged sexual misconduct is also being investigated by the Illinois Department of Children and Family Services or law enforcement as described in Section 22-85 of this Code.
(2) Prior to notification of the student's parents or     guardians, notification must first be provided to the student in a developmentally appropriate manner and include:
(A)  that notice will be given to the student's         parents or guardians;
(B)   what information will be included in the         notice to the student's parents or guardians;
(C)  available resources for the student within         the school and community in accordance with Article 26A of this Code and available counseling services under Section 3-550 of the Mental Health and Developmental Disabilities Code; and
(D)   beginning July 1, 2025, the name and         contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
(3)   After notification of the student as required     under paragraph (2), the student's parents or guardians shall be notified in writing:
(A)  of the alleged misconduct; and
(B)  of available resources for the student         within the school and the community in accordance with Article 26A of this Code and, beginning on July 1, 2025, the name and contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
(4)   Notification must be provided as soon as     feasible after the employing entity becomes aware that alleged misconduct may have occurred, subject to the requirements of subsection (f) of Section 22-85 of this Code.
(b)   The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of a student, subject to subsection (a), when any formal action has been taken by the governing body relating to the employment of the alleged perpetrator following the investigation of sexual misconduct, including whether employment was terminated or whether the governing body accepted the resignation of the employee. Notice provided to the parents or guardians of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include:
(1)   Consideration of the time  frame for providing     notice to the student and the student's parents or guardians if the alleged sexual misconduct is also being investigated by the Illinois Department of Children and Family Services or law enforcement as described in Section 22-85 of this Code.
(2) Prior to notification of the student's parents or     guardians, notification must first be provided to the student in a developmentally appropriate manner and include:
(A)  that notice will be given to the student's         parent or guardian of the governing body's action;
(B)  what information will be included in the         notice to the student's parents or guardians;
(C)  available resources for the student within         the school and community in accordance with Article 26A of this Code and available counseling services under Section 3-550 of the Mental Health and Developmental Disabilities Code; and
(D)  beginning July 1, 2025, the name and contact         information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
(3)   After notification of the student as required     in paragraph (2), the student's parents or guardians shall be notified in writing:
(A)   of the governing body's action;
(B)   whether a report concerning the alleged         sexual misconduct was or will be submitted to the State Superintendent of Education and the applicable regional superintendent of schools pursuant to Section 10-21.9 of this Code; and
(C)   of available resources for the student         within the school and the community in accordance with Article 26A of this Code and, beginning on July 1, 2025, the name and contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
(4) Notification must be provided as soon as feasible     after the board action is taken, subject to the requirements of subsection (f) of Section 22-85 of this Code.
(5)  For the purposes of subsection (b), if the     student is no longer enrolled at the time formal action is taken, sending written notice to the last known address in the student's file fulfills notification requirements.
(c)   Notwithstanding any other provision of this Section, notification to the student prior to notification of the student's parents or guardians shall not be required to the extent an employee or agent of the school district, charter school, or nonpublic school deems it necessary to address an imminent risk of serious physical injury or death of a student or another person, including the victim.  If prior notification to the student is not given, notification to the student shall be provided as soon as practicable and without delay following the notification to the student's parents or guardians.
(d)    Subsections (a) and (b) shall not apply if the student's parent or guardian is the alleged perpetrator of the misconduct.
(Source: P.A. 102-702, eff. 7-1-23.)
(105 ILCS 5/22-86)
Sec. 22-86. (Repealed).
(Source: P.A. 101-531, eff. 8-23-19. Repealed internally, eff. 3-15-21.)
(105 ILCS 5/22-87)
Sec. 22-87. Graduation requirements; Free Application for Federal Student Aid.
(a) Beginning with the 2020-2021 school year, in addition to any other requirements under this Code, as a prerequisite to receiving a high school diploma from a public high school, the parent or guardian of each student or, if a student is at least 18 years of age or  legally emancipated, the student must comply with either of the following:
(1) File a Free Application for Federal Student Aid     with the United States Department of Education or, if applicable, an application for State financial aid.
(2) On a form created by the State Board of     Education, file a waiver with the student's school district indicating that the parent or guardian or, if applicable, the student understands what the Free Application for Federal Student Aid and application for State financial aid are and has chosen not to file an application under paragraph (1).
(b) Each school district with a high school must require each high school student to comply with this Section and must provide to each high school student and, if applicable, his or her parent or guardian any support or assistance necessary to comply with this Section. A school district must award a high school diploma to a student who is unable to meet the requirements of subsection (a) due to extenuating circumstances, as determined by the school district, if (i) the student has met all other graduation requirements under this Code and (ii) the principal attests that the school district has made a good faith effort to assist the student or, if applicable, his or her parent or guardian in filing an application or a waiver under subsection (a).
(c)  The State Board of Education may adopt rules to implement this Section.
(Source: P.A. 101-180, eff. 6-1-20; 102-558, eff. 8-20-21.)
(105 ILCS 5/22-88)
Sec. 22-88. Parental notification of law enforcement detainment and questioning on school grounds.
(a) In this Section, "school grounds" means the real property comprising an active and operational elementary or secondary school during the regular hours in which school is in session and when students are present.
(b)  Before detaining and questioning  a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, a school resource officer, or other school security personnel must do all of the following:
(1) Ensure that notification or attempted     notification of the student's parent or guardian is made.
(2) Document the time and manner in which the     notification or attempted notification under paragraph (1) occurred.
(3) Make reasonable efforts to ensure that the     student's parent or guardian is present during the questioning or, if the parent or guardian is not present, ensure that school personnel, including, but not limited to, a school social worker, a school psychologist, a school nurse, a school counselor, or any other mental health professional, are present during the questioning.
(4) If practicable, make reasonable efforts to ensure     that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning.  An officer who received training in youth investigations approved or certified by his or her law enforcement agency or under Section 10.22 of the Police Training Act or a juvenile police officer, as defined under  Section 1-3 of the Juvenile Court Act of 1987,  satisfies the requirement under this paragraph.
(c) This Section does not limit the authority of a law enforcement officer to make an arrest on school grounds. This Section does not apply to circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary to do any of the following:
(1) Prevent bodily harm or injury to the student or     any other person.
(2) Apprehend an armed or fleeing suspect.
(3) Prevent the destruction of evidence.
(4) Address an emergency or other dangerous     situation.
(Source: P.A. 101-478, eff. 8-23-19; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21.)
(105 ILCS 5/22-89)
Sec. 22-89. Graduates during the 2019-2020 school year. Notwithstanding any other provision of this Code, any diploma conferred during the 2019-2020 school year, including during the summer of 2020, under graduation requirements that were modified by an executive order, emergency rulemaking, or school board policy prompted by a gubernatorial disaster proclamation as a result of COVID-19 is deemed valid and is not  subject to challenge or review due to a failure to meet minimum requirements otherwise required by this Code, administrative rule, or school board policy.
(Source: P.A. 101-643, eff. 6-18-20.)
(105 ILCS 5/22-90)
Sec. 22-90. (Repealed).
(Source: P.A. 102-813, eff. 5-13-22. Repealed internally, eff. 2-1-23.)
(105 ILCS 5/22-91)
Sec. 22-91. Modification of athletic or team uniform; nonpublic schools.
(a) A nonpublic school recognized by the State Board of Education must allow a student athlete to modify his or her athletic or team uniform for the purpose of modesty in clothing or attire that is in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the school for such modification. However, nothing in this Section prohibits a school from providing the modification to the student.
(b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear:
(1) is black, white, the predominant color of the     uniform, or the same color for all players on the team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other     players;
(4) has no opening or closing elements around the     face and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.)
(105 ILCS 5/22-92)
Sec. 22-92. Absenteeism and truancy policy.
(a) Each school district, charter school, or alternative school or any school receiving public funds shall develop and communicate to its students and their parent or guardian, on an annual basis, an absenteeism and truancy policy, including at least the following elements:
(1) A definition of a valid cause for absence in     accordance with Section 26-2a of this Code.
(2) A description of diagnostic procedures to be used     for identifying the causes of unexcused student absenteeism, which shall, at a minimum, include interviews with the student, his or her parent or guardian, and any school officials who may have information about the reasons for the student's attendance problem.
(3) The identification of supportive services to be     made available to truant or chronically truant students. These services shall include, but need not be limited to, parent conferences, student counseling, family counseling, and information about existing community services that are available to truant and chronically truant students and relevant to their needs.
(4) Incorporation of the provisions relating to     chronic absenteeism in accordance with Section 26-18 of this Code.
(b) The absenteeism and truancy policy must be updated every 2 years and filed with the State Board of Education and the regional superintendent of schools.
(Source: P.A. 102-157, eff. 7-1-22; 102-813, eff. 5-13-22.)
(105 ILCS 5/22-93)
Sec. 22-93. School guidance counselor; gift ban.
(a) In this Section:
"Guidance counselor" means a person employed by a school district and working in a high school to offer students advice and assistance in making career or college plans.
"Prohibited source" means any person who is  employed by an institution of higher education or is an agent or spouse of or an  immediate family member living with a person employed by an institution of higher education.
"Relative" means an individual related to another as father, mother, son, daughter, brother, sister, uncle, aunt, great-aunt, great-uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister or the father, mother, grandfather, or grandmother of the individual's spouse or the individual's fiance or fiancee.
(b) A guidance counselor may not intentionally solicit or accept any gift from a prohibited source or solicit or accept a gift that would be in violation of any federal or State statute or rule. A prohibited source may not intentionally offer or make a gift that violates this Section.
(c) The prohibition in subsection (b) does not apply to any of the following:
(1) Opportunities, benefits, and services that are     available on the same conditions as for the general public.
(2) Anything for which the guidance counselor pays     the market value.
(3) A gift from a relative.
(4) Anything provided by an individual on the basis     of a personal friendship, unless the guidance counselor has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the guidance counselor and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the guidance counselor must consider the circumstances in which the gift was offered, including any of the following:
(A) The history of the relationship between the         individual giving the gift and the guidance counselor, including any previous exchange of gifts between those individuals.
(B) Whether, to the actual knowledge of the         guidance counselor, the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift.
(C) Whether, to the actual knowledge of the         guidance counselor, the individual who gave the gift also, at the same time, gave the same or a similar gift to other school district employees.
(5) Bequests, inheritances, or other transfers at     death.
(6) Any item or items from any one prohibited source     during any calendar year having a cumulative total value of less than $100.
(7) Promotional materials, including, but not limited     to, pens, pencils, banners, posters, and pennants.
Each exception listed under this subsection is mutually exclusive and independent of one another.
(d) A guidance counselor is not in violation of this Section if he or she promptly takes reasonable action to return the gift to the prohibited source or donates the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986.
A guidance counselor or prohibited source who intentionally violates this Section is guilty of a business offense and is subject to a fine of at least $1,001 and up to $5,000.
(Source: P.A. 102-327, eff. 1-1-22; 102-813, eff. 5-13-22.)
(105 ILCS 5/22-94)
Sec. 22-94. Employment history review.
(a)   This Section applies to all permanent and temporary positions for employment with a school or a contractor of a school involving direct contact with children or students.
(b)   In this Section:
"Contractor" means firms holding contracts with any school including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct contact with children or students.
"Direct contact with children or students" means the possibility of care, supervision, guidance, or control of children or students or routine interaction with children or students.
"School" means a public or nonpublic elementary or secondary school.
"Sexual misconduct" has the meaning ascribed to it in subsection (c) of Section 22-85.5 of this Code.
(c)   Prior to hiring an applicant to work directly with children or students, a school or contractor must ensure that the following criteria are met:
(1) the school or contractor has no knowledge or     information pertaining to the applicant that would disqualify the applicant from employment;
(2)  the applicant swears or affirms that the     applicant is not disqualified from employment;
(3) using the template developed by the State Board     of Education, the applicant provides all of the following:
(A)    a list, including the name, address,         telephone number, and other relevant contact information of the following:
(i)   the applicant's current employer;
(ii)   all former employers of the applicant             that were schools or school contractors, as well as all former employers at which the applicant had direct contact with children or students;
(B)      A written authorization that consents to         and authorizes disclosure by the applicant's current and former employers under subparagraph (A) of this paragraph (3) of the information requested under paragraph (4) of this subsection (c) and the release of related records and that releases those employers from any liability that may arise from such disclosure or release of records pursuant to subsection (e).
(C)   A written statement of whether the         applicant:
(i)    has been the subject of a sexual             misconduct allegation, unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated;
(ii)    has ever been discharged from, been             asked to resign from, resigned from, or otherwise been separated from any employment, has ever been disciplined by an employer, or has ever had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or
(iii)    has ever had a license or             certificate suspended, surrendered, or revoked or had an application for licensure, approval, or endorsement denied due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.
(4)    The school or contractor shall initiate a     review of the employment history of the applicant by contacting those employers listed by the applicant under subparagraph (A) of paragraph (3) of this subsection (c) and, using the template developed by the State Board of Education, request all of the following information:
(A)   the dates of employment of the  applicant;
(B)   a statement as to whether the applicant:
(i)    has been the subject of a sexual             misconduct allegation, unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated;
(ii)    was discharged from, was asked to             resign from, resigned from, or was otherwise separated from any employment, was disciplined by the employer, or had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or
(iii)    has ever had a license or             certificate suspended, surrendered, or revoked due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.
(C)     The template shall include the following         option: if the employer does not have records or evidence regarding the questions in items (i) through (iii) of subparagraph (B) of paragraph (4) of subsection (c), the employer may state that there is no knowledge of information pertaining to the applicant that would disqualify the applicant from employment.
(5)     For applicants licensed by the State Board of     Education, the school district, charter school, or nonpublic school shall verify the applicant's reported previous employers with previous employers in the State Board of Education's educator licensure database to ensure accuracy.
(d)    An applicant who provides false information or willfully fails to disclose information required in subsection (c) shall be subject to discipline, up to and including termination or denial of employment.
(e)   No later than 20 days after receiving a request for information required under paragraph (4) of subsection (c), an employer who has or had an employment relationship with the applicant shall disclose the information requested. If the employer has an office of human resources or a central office, information shall be provided by that office. The employer who has or had an employment relationship with the
applicant shall disclose the information on the template developed by the State Board of Education. For any affirmative response to items (i) through (iii) of subparagraph (B) of paragraph (4) or subsection (c), the employer who has or had an employment relationship with the
applicant shall provide additional information about the matters disclosed and all related records.
A school shall complete the template at time of separation from employment, or at the request of the employee, and maintain it as part of the employee's personnel file.  If the school completes an investigation after an employee's separation from employment, the school shall update the information accordingly.
Information received under this Section shall not be deemed a public record.
A school or contractor who receives information under this subsection (e) may use the information for the purpose of evaluating an applicant's fitness to be hired or for continued employment and may report the information, as appropriate, to the State Board of Education, a State licensing agency, a law enforcement agency, a child protective services agency, another school or contractor, or a prospective employer.
An employer, school, school administrator, or contractor who provides information or records about a current or former employee or applicant under this Section is immune from criminal and civil liability for the disclosure of the information or records, unless the information or records provided were knowingly false. This immunity shall be in addition to and not a limitation on any other immunity provided by law or any absolute or conditional privileges applicable to the disclosure by virtue of the circumstances or the applicant's consent to the disclosure and shall extent to any circumstances when the employer, school, school administrator, or contractor in good faith shares findings of sexual misconduct with another employer.
Unless the laws of another state prevent the release of the information or records requested or disclosure is restricted by the terms of a contract entered into prior to the effective date of this amendatory Act of the 102nd General Assembly, and notwithstanding any other provisions of law to the contrary, an employer, school, school administrator, contractor, or applicant shall report and disclose, in accordance with this Section, all relevant information, records, and documentation that may otherwise be confidential.
(f)  A school or contractor may not hire an applicant who does not provide the information required under subsection (c) for a position involving direct contact with children or students.
(g)   Beginning on the effective date of this amendatory Act of the 102nd General Assembly, a school or contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:
(1)   has the effect of suppressing information     concerning a pending investigation or a completed investigation in which an allegation was substantiated related to a report of suspected sexual misconduct by a current or former employee;
(2)   affects the ability of the school or contractor     to report suspected sexual misconduct to the appropriate authorities; or
(3)   requires the school or contractor to expunge     information about allegations or findings of suspected sexual misconduct from any documents maintained by the school or contractor, unless, after an investigation, an allegation is found to be false, unfounded, or unsubstantiated.
(h)   Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into on or after the effective date of this amendatory Act of the 102nd General Assembly and that is contrary to this Section is void and unenforceable.
(i)   For substitute employees, all of the following apply:
(1)   The employment history review required by this     Section is required only prior to the initial hiring of a substitute employee or placement on a school's approved substitute list and shall remain valid as long as the substitute employee continues to be employed by the same school or remains on the school's approved substitute list.
(2)   A substitute employee seeking to be added to     another school's substitute list shall undergo an additional employment history review under this Section. Except as otherwise provided in paragraph (3) of this subsection (i) or in subsection (k), the appearance of a substitute employee on one school's substitute list does not relieve another school from compliance with this Section.
(3)   An employment history review conducted upon     initial hiring of a substitute employee by contractor or any other entity that furnishes substitute staffing services to schools shall satisfy the requirements of this Section for all schools using the services of that contractor or other entity.
(4)   A contractor or any other entity furnishing     substitute staffing services to schools shall comply with paragraphs (3) and (4) of subsection (j).
(j)   For employees of contractors, all of the following apply:
(1)   The employment history review required by this     Section shall be performed, either at the time of the initial hiring of an employee or prior to the assignment of an existing employee to perform work for a school in a position involving direct contact with children or students. The review shall remain valid as long as the employee remains employed by the same contractor, even if assigned to perform work for other schools.
(2)   A contractor shall maintain records documenting     employment history reviews for all employees as required by this Section and, upon request, shall provide a school for whom an employee is assigned to perform work access to the records pertaining to that employee.
(3)   Prior to assigning an employee to perform work     for a school in a position involving direct contact with children or students, the contractor shall inform the school of any instance known to the contractor in which the employee:
(A)   has been the subject of a sexual misconduct         allegation unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated;
(B)   has ever been discharged, been asked to         resign from, resigned from, or otherwise been separated from any employment, been removed from a substitute list, been disciplined by an employer, or had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or
(C)   has ever had a license or certificate         suspended, surrendered, or revoked due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.
(4)    The contractor may not assign an employee to     perform work for a school in a position involving direct contact with children or students if the school objects to the assignment after being informed of an instance listed in paragraph (3).
(k)   An applicant who has undergone an employment history review under this Section and seeks to transfer to or provide services to another school in the same school district, diocese, or religious jurisdiction, or to another school established and supervised by the same organization is not required to obtain additional reports under this Section before transferring.
(l)   Nothing in this Section shall be construed:
(1)   to prevent a prospective employer from     conducting further investigations of prospective employees or from requiring applicants to provide additional background information or authorizations beyond what is required under this Section, nor to prevent a current or former employer from disclosing more information than what is required under this Section;
(2)   to relieve a school, school employee,     contractor of the school, or agent of the school from any legal responsibility to report sexual misconduct in accordance with State and federal reporting requirements;
(3)   to relieve a school, school employee,     contractor of the school, or agent of the school from any legal responsibility to implement the provisions of Section 7926 of Chapter 20 of the United States Code; or
(4)   to prohibit the right of the exclusive     bargaining representative under a collective bargaining agreement to grieve and arbitrate the validity of an employee's termination or discipline for just cause.
(m)   The State Board of Education shall develop the templates required under paragraphs (3) and (4) of subsection (c).
(Source: P.A. 102-702, eff. 7-1-23.)
(105 ILCS 5/22-95)
(Text of Section from P.A. 103-413)
(Section scheduled to be repealed on February 1, 2029)
Sec. 22-95. Whole Child Task Force.
(a) The General Assembly makes all of the following findings:
(1) The COVID-19 pandemic has exposed systemic     inequities in American society. Students, educators, and families throughout this State have been deeply affected by the pandemic, and the impact of the pandemic will be felt for years to come. The negative consequences of the pandemic have impacted students and communities differently along the lines of race, income, language, and special needs. However, students in this State faced significant unmet physical health, mental health, and social and emotional needs even prior to the pandemic.
(2) The path to recovery requires a commitment from     adults in this State to address our students cultural, physical, emotional, and mental health needs and to provide them with stronger and increased systemic support and intervention.
(3) It is well documented that trauma and toxic     stress diminish a child's ability to thrive. Forms of childhood trauma and toxic stress include adverse childhood experiences, systemic racism, poverty, food and housing insecurity, and gender-based violence. The COVID-19 pandemic has exacerbated these issues and brought them into focus.
(4) It is estimated that, overall, approximately 40%     of children in this State have experienced at least one adverse childhood experience and approximately 10% have experienced 3 or more adverse childhood experiences. However, the number of adverse childhood experiences is higher for Black and Hispanic children who are growing up in poverty. The COVID-19 pandemic has amplified the number of students who have experienced childhood trauma. Also, the COVID-19 pandemic has highlighted preexisting inequities in school disciplinary practices that disproportionately impact Black and Brown students. Research shows, for example, that girls of color are disproportionately impacted by trauma, adversity, and abuse, and instead of receiving the care and trauma-informed support they may need, many Black girls in particular face disproportionately harsh disciplinary measures.
(5) The cumulative effects of trauma and toxic stress     adversely impact the physical health of students, as well as the students' ability to learn, form relationships, and self-regulate. If left unaddressed, these effects increase a student's risk for depression, alcoholism, anxiety, asthma, smoking, and suicide, all of which are risks that disproportionately affect Black youth and may lead to a host of medical diseases as an adult. Access to infant and early childhood mental health services is critical to ensure the social and emotional well-being of this State's youngest children, particularly those children who have experienced trauma.
(6) Although this State enacted measures through     Public Act 100-105 to address the high rate of early care and preschool expulsions of infants, toddlers, and preschoolers and the disproportionately higher rate of expulsion for Black and Hispanic children, a recent study found a wide variation in the awareness, understanding, and compliance with the law by providers of early childhood care. Further work is needed to implement the law, which includes providing training to early childhood care providers to increase the providers' understanding of the law, increasing the availability and access to infant and early childhood mental health services, and building aligned data collection systems to better understand expulsion rates and to allow for accurate reporting as required by the law.
(7) Many educators and schools in this State have     embraced and implemented evidence-based restorative justice and trauma-responsive and culturally relevant practices and interventions. However, the use of these interventions on students is often isolated or is implemented occasionally and only if the school has the appropriate leadership, resources, and partners available to engage seriously in this work. It would be malpractice to deny our students access to these practices and interventions, especially in the aftermath of a once-in-a-century pandemic.
(b) The Whole Child Task Force created by Public Act 101-654 is reestablished for the purpose of establishing an equitable, inclusive, safe, and supportive environment in all schools for every student in this State. The task force shall have all of the following goals, which means key steps have to be taken to ensure that every child in every school in this State has access to teachers, social workers, school leaders, support personnel, and others who have been trained in evidence-based interventions and restorative practices:
(1) To create a common definition of a     trauma-responsive school, a trauma-responsive district, and a trauma-responsive community.
(2) To outline the training and resources required to     create and sustain a system of support for trauma-responsive schools, districts, and communities and to identify this State's role in that work, including recommendations concerning options for redirecting resources from school resource officers to classroom-based support.
(3) To identify or develop a process to conduct an     analysis of the organizations that provide training in restorative practices, implicit bias, anti-racism, and trauma-responsive systems, mental health services, and social and emotional services to schools.
(4) To provide recommendations concerning the key     data to be collected and reported to ensure that this State has a full and accurate understanding of the progress toward ensuring that all schools, including programs and providers of care to pre-kindergarten children, employ restorative, anti-racist, and trauma-responsive strategies and practices. The data collected must include information relating to the availability of trauma responsive support structures in schools, as well as disciplinary practices employed on students in person or through other means, including during remote or blended learning. It should also include information on the use of and funding for school resource officers and other similar police personnel in school programs.
(5) To recommend an implementation timeline,     including the key roles, responsibilities, and resources to advance this State toward a system in which every school, district, and community is progressing toward becoming trauma-responsive.
(6) To seek input and feedback from stakeholders,     including parents, students, and educators, who reflect the diversity of this State.
(7) To recommend legislation, policies, and practices     to prevent learning loss in students during periods of suspension and expulsion, including, but not limited to, remote instruction.
(c) Members of the Whole Child Task Force shall be appointed by the State Superintendent of Education. Members of this task force must represent the diversity of this State and possess the expertise needed to perform the work required to meet the goals of the task force set forth under subsection (a). Members of the task force shall include all of the following:
(1) One member of a statewide professional teachers'     organization.
(2) One member of another statewide professional     teachers' organization.
(3) One member who represents a school district     serving a community with a population of 500,000 or more.
(4) One member of a statewide organization     representing social workers.
(5) One member of an organization that has specific     expertise in trauma-responsive school practices and experience in supporting schools in developing trauma-responsive and restorative practices.
(6) One member of another organization that has     specific expertise in trauma-responsive school practices and experience in supporting schools in developing trauma-responsive and restorative practices.
(7) One member of a statewide organization that     represents school administrators.
(8) One member of a statewide policy organization     that works to build a healthy public education system that prepares all students for a successful college, career, and civic life.
(9) One member of a statewide organization that     brings teachers together to identify and address issues critical to student success.
(10) One member of the General Assembly recommended     by the President of the Senate.
(11) One member of the General Assembly recommended     by the Speaker of the House of Representatives.
(12) One member of the General Assembly recommended     by the Minority Leader of the Senate.
(13) One member of the General Assembly recommended     by the Minority Leader of the House of Representatives.
(14) One member of a civil rights organization that     works actively on issues regarding student support.
(15) One administrator from a school district that     has actively worked to develop a system of student support that uses a trauma-informed lens.
(16) One educator from a school district that has     actively worked to develop a system of student support that uses a trauma-informed lens.
(17) One member of a youth-led organization.
(18) One member of an organization that has     demonstrated expertise in restorative practices.
(19) One member of a coalition of mental health and     school practitioners who assist schools in developing and implementing trauma-informed and restorative strategies and systems.
(20) One member of an organization whose mission is     to promote the safety, health, and economic success of children, youth, and families in this State.
(21) One member who works or has worked as a     restorative justice coach or disciplinarian.
(22) One member who works or has worked as a social     worker.
(23) One member of the State Board of Education.
(24) One member who represents a statewide     principals' organization.
(25) One member who represents a statewide     organization of school boards.
(26) One member who has expertise in pre-kindergarten     education.
(27) One member who represents a school social worker     association.
(28) One member who represents an organization that     represents school districts in the south suburbs of the City of Chicago.
(29) One member who is a licensed clinical     psychologist who (i) has a doctor of philosophy in the field of clinical psychology and has an appointment at an independent free-standing children's hospital located in the City of Chicago, (ii) serves as an associate professor at a medical school located in the City of Chicago, and (iii) serves as the clinical director of a coalition of voluntary collaboration of organizations that are committed to applying a trauma lens to the member's efforts on behalf of families and children in the State.
(30) One member who represents a school district in     the west suburbs of the City of Chicago.
(31) One member from a governmental agency who has     expertise in child development and who is responsible for coordinating early childhood mental health programs and services.
(32) One member who has significant expertise in     early childhood mental health and childhood trauma.
(33) One member who represents an organization that     represents school districts in the collar counties around the City of Chicago.
(34) One member who represents an organization     representing regional offices of education.
(d) The Whole Child Task Force shall meet at the call of the State Superintendent of Education or his or her designee, who shall serve as the chairperson. The State Board of Education shall provide administrative and other support to the task force. Members of the task force shall serve without compensation.
(e) The Whole Child Task Force shall reconvene by March 2027 to review progress on the recommendations in the March 2022 report submitted pursuant to Public Act 101-654 and shall submit a new report on its assessment of the State's progress and any additional recommendations to the General Assembly, the Illinois Legislative Black Caucus, the State Board of Education, and the Governor on or before December 31, 2027.
(f) This Section is repealed on February 1, 2029.
(Source: P.A. 103-413, eff. 1-1-24.)
(Text of Section from P.A. 103-472)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 22-95. Policy on discrimination, harassment, and retaliation; response procedures.
(a) As used in this Section, "policy" means either the use of a singular policy or multiple policies.
(b) Each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must create, implement, and maintain at least one written policy that prohibits discrimination and harassment based on race, color, and national origin and prohibits retaliation. The policy may be included as part of a broader anti-harassment or anti-discrimination policy, provided that the policy prohibiting discrimination and harassment based on race, color, and national origin and retaliation shall be distinguished with an appropriate title, heading, or label. This policy must comply with and be distributed in accordance with all of the following:
(1) The policy must be in writing and must include at     a minimum, the following information:
(A) descriptions of various forms of         discrimination and harassment based on race, color, and national origin, including examples;
(B) the school district's, charter school's, or         nonpublic, nonsectarian elementary or secondary school's internal process for filing a complaint regarding a violation of the policy described in this subsection, or a reference to that process if described elsewhere in policy;
(C) an overview of the school district's, charter         school's, or nonpublic, nonsectarian elementary or secondary school's prevention and response program pursuant to subsection (c);
(D) potential remedies for a violation of the         policy described in this subsection;
(E) a prohibition on retaliation for making a         complaint or participating in the complaint process;
(F) the legal recourse available through the         Department of Human Rights and through federal agencies if a school district, charter school, or nonpublic, nonsectarian elementary or secondary school fails to take corrective action, or a reference to that process if described elsewhere in policy; and
(G) directions on how to contact the Department         of Human Rights or a reference to those directions if described elsewhere in the policy.
The policy shall make clear that the policy does not     impair or otherwise diminish the rights of unionized employees under federal law, State law, or a collective bargaining agreement to request an exclusive bargaining representative to be present during investigator interviews, nor does the policy diminish any rights available under the applicable negotiated collective bargaining agreement, including, but not limited to, the grievance procedure.
(2) The policy described in this subsection shall be     posted in a prominent and accessible location and distributed in such a manner as to ensure notice of the policy to all employees. If the school district, charter school, or nonpublic, nonsectarian elementary or secondary school maintains an Internet website or has an employee Intranet, the website or Intranet shall be considered a prominent and accessible location for the purpose of this paragraph (2). Posting and distribution shall be effectuated by the beginning of the 2024-2025 school year and shall occur annually thereafter.
(3) The policy described in this subsection shall be     published on the school district's, charter school's, or nonpublic, nonsectarian elementary or secondary school's Internet website, if one exists, and in a student handbook, if one exists. A summary of the policy in accessible, age-appropriate language shall be distributed annually to students and to the parents or guardians of minor students. School districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools shall provide a summary of the policy in the parent or guardian's native language. For the annual distribution of the summary, inclusion of the summary in a student handbook is deemed compliant.
(c) Each school district, charter school, and nonpublic, nonsectarian elementary or secondary school must establish procedures for responding to complaints of discrimination and harassment based on race, color, and national origin and retaliation. These procedures must comply with subsection (b) of this Section. Based on these procedures, school districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools:
(1) shall reduce or remove, to the extent     practicable, barriers to reporting discrimination, harassment, and retaliation;
(2) shall permit any person who reports or is the     victim of an incident of alleged discrimination, harassment, or retaliation to be accompanied when making a report by a support individual of the person's choice who complies with the school district's, charter school's, or nonpublic, nonsectarian elementary or secondary school's policies or rules;
(3) shall permit anonymous reporting, except that     this paragraph (3) may not be construed to permit formal disciplinary action solely on the basis of an anonymous report;
(4) shall offer remedial interventions or take such     disciplinary action as may be appropriate on a case-by-case basis;
(5) may offer, but not require or unduly influence, a     person who reports or is the victim of an incident of discrimination, harassment, or retaliation the option to resolve allegations directly with the offender; and
(6) may not cause a person who reports or is the     victim of an incident of discrimination, harassment, or retaliation to suffer adverse consequences as a result of a report of, an investigation of, or a response to the incident; this protection may not permit victims to engage in retaliation against the offender or limit a school district, charter school, or nonpublic, nonsectarian elementary or secondary school from applying disciplinary measures in response to other acts or conduct not related to the process of reporting, investigating, or responding to a report of an incident of discrimination, harassment, or retaliation. (Source: P.A. 103-472, eff. 8-1-24.)
(Text of Section from P.A. 103-481)
Sec. 22-95. Retirement and deferred compensation plans.
(a) This Section applies only to school districts, other than a school district organized under Article 34, with a full-time licensed teacher population of 575 or more teachers that maintain a 457 plan. Every applicable school district shall make available to participants more than one financial institution or investment provider to provide services to the school district's 457 plan.
(b) A financial institution or investment provider, by entering into a written agreement, may offer or provide services to a plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 if the written agreement is not combined with any other written agreement for the administration of the school district's 457 plan.
Each school district that offers a 457 plan shall make available to participants, in the manner provided in subsection (d), more than one financial institution or investment provider that has not entered into a written agreement to provide administration services and that provides services to a 457 plan offered to school districts.
(c) A financial institution or investment provider providing services for any plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 shall:
(1) enter into an agreement with the school district     or the school district's independent compliance administrator that requires the financial institution or investment provider to provide, in an electronic format, all data necessary for the administration of the 457 plan, as determined by the school district or the school district's compliance administrator;
(2) provide all data required by the school district     or the school district's compliance administrator to facilitate disclosure of all fees, charges, expenses, commissions, compensation, and payments to third parties related to investments offered under the 457 plan; and
(3) cover all plan administration costs agreed to by     the school district relating to the administration of the 457 plan.
(d) A school district that offers, establishes, or maintains a plan under Section 457 of the Internal Revenue Code of 1986, except for a plan established under Section 16-204 of the Illinois Pension Code, shall select more than one financial institution or investment provider, in addition to the financial institution or investment provider that has entered into a written agreement under subsection (b), to provide services to the 457 plan. A financial institution or investment provider shall be designated a 457 plan provider if the financial institution or investment provider enters into an agreement in accordance with subsection (c).
(e) A school district shall have one year after the effective date of this amendatory Act of the 103rd General Assembly to find a 457 plan provider under this Section.
(f) Nothing in this Section shall apply to or impact the optional defined contribution benefit established by the Teachers' Retirement System of the State of Illinois under Section 16-204 of the Illinois Pension Code. Notwithstanding the foregoing, the Teachers' Retirement System may elect to share plan data for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code with the school district, upon request by the school district, in order to facilitate school districts' compliance with this Section and Section 457 of the Internal Revenue Code of 1986. If a school district requests that the Teachers' Retirement System share plan information for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code, the Teachers' Retirement System may assess a fee on the applicable school district.
(Source: P.A. 103-481, eff. 1-1-24.)
(Text of Section from P.A. 103-497)
(Section scheduled to be repealed on December 31, 2031)
Sec. 22-95. Rural Education Advisory Council.
(a) The Rural Education Advisory Council is created as a statewide advisory council to exchange thoughtful dialogue concerning the needs, challenges, and opportunities of rural schools districts and to provide policy recommendations to the State. The Council shall perform all of the following functions:
(1) Convey and impart the perspective of rural     communities and provide context during policy discussions on various statewide issues with the State Superintendent of Education.
(2) Present to the State Superintendent of Education     the opportunity to speak directly with representatives of rural communities on various policy and legal issues, to present feedback on critical issues facing rural communities, to generate ideas, and to communicate information to the State Superintendent.
(3) Provide feedback about this State's     pre-kindergarten through grade 12 practices and policies so that the application of policies in rural areas may be more fully understood.
(b) The Council shall consist of all of the following members:
(1) The State Superintendent of Education or his or     her designee.
(2) One representative of an association representing     rural and small schools, appointed by the State Superintendent of Education.
(3) Five superintendents of rural school districts     who represent 3 super-regions of this State and who are recommended by an association representing rural and small schools, appointed by the State Superintendent of Education.
(4) One principal from a rural school district     recommended by a statewide organization representing school principals, appointed by the State Superintendent of Education.
(5) One representative from a rural school district     recommended by a statewide organization representing school boards, appointed by the State Superintendent of Education.
(6) One representative of a statewide organization     representing district superintendents, appointed by the State Superintendent of Education.
(7) One representative of a statewide organization     representing regional superintendents of schools, appointed by the State Superintendent of Education.
(8) One student who is at least 15 years old, who is     a member of the State Board of Education's Student Advisory Council, and who is from a rural school district, appointed by the State Superintendent of Education.
Council members must reflect, as much as possible, the racial and ethnic diversity of this State.
Council members shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board of Education for that purpose, subject to the rules of the appropriate travel control board.
(c) The Council shall meet initially at the call of the State Superintendent of Education, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson.
(d) The State Board of Education shall provide administrative and other support to the Council as needed.
(e) The Council is dissolved and this Section is repealed on December 31, 2031.
(Source: P.A. 103-497, eff. 1-1-24.)
(105 ILCS 5/22-96)
Sec. 22-96. Hiring or assigning priority.
(a) When hiring or assigning physical education, music, and visual arts educators, a school district must prioritize the hiring or assigning of educators who hold an educator license and endorsement in the content area to be taught.
(b) A licensed educator assigned to physical education, music, or visual arts who does not hold an endorsement in the content area to be taught must acquire short-term approval under Part 25 of Title 23 of the Illinois Administrative Code by the State Board of Education in the content area to be taught prior to his or her assignment or employment start date. If no short-term approval is available in the content area to be taught, the licensed educator shall meet equivalent criteria specified by the State Board of Education. In order to retain his or her employment for subsequent school years, the educator must acquire the full endorsement in the content area to be taught prior to the end of the validity period of the short-term approval.
(c) In the case of a reduction in force, a school district may follow its employee contract language for filling positions.
(d) Instead of holding the credentials specified in subsection (a) or (b) of this Section, an educator assigned to a position under this Section may meet any requirements set forth under Title 23 of the Illinois Administrative Code as applicable to the content area to be taught, except that subsection (b) of Section 1.710 of Title 23 of the Illinois Administrative Code does not apply to an educator assigned to a position under this subsection (d).
(Source: P.A. 103-46, eff. 1-1-24; 103-564, eff. 11-17-23.)