2023 Illinois Compiled Statutes › Chapter 105 - SCHOOLS › 105 ILCS 5/ - School Code. › Article 28 - Instructional Materials

(105 ILCS 5/Art. 28 heading)
ARTICLE 28.  
		INSTRUCTIONAL MATERIALS
(105 ILCS 5/28-1) (from Ch. 122, par. 28-1)
Sec. 28-1. Copies and prices filed - Bond. No publisher or retail dealer shall offer any school instructional materials for
adoption, sale, or exchange in the State until it has complied with the
following conditions:
1. The publisher or retail dealer shall publish on     its website by July 15 each year a sworn statement of the usual list price, the lowest net wholesale price, and the lowest net exchange price at which the material is sold or exchanged for old material on the same subject of like grade and kind but of a different series taken in part payment thereof.
2.  The publisher or retail dealer shall obtain a     bond payable to the People of the State of Illinois with a surety company authorized to do business in the State of Illinois as surety thereon  of not less than $2,000 nor more than $10,000 conditioned as follows:
(a) That the publisher or retail dealer will         furnish annually any of the materials listed on the sworn statement on its website to any school district and any school corporation in this State at the lowest net prices contained in the statements and that it will maintain said prices uniformly throughout the State.
(b) That the publisher or retail dealer will         reduce such net prices in Illinois whenever they are reduced elsewhere in the United States, and shall publish on its website a sworn statement of reductions made elsewhere, so that at no time shall any instructional material so filed and listed by the publisher or retail dealer be sold in this State at a higher net price than is received for such material elsewhere in the United States.
(c) The publisher or retail dealer shall not         enter into any understanding, agreement or combination to control the prices or to restrict competition in the sale of instructional materials.
(Source: P.A. 101-17, eff. 6-14-19.)
(105 ILCS 5/28-2) (from Ch. 122, par. 28-2)
Sec. 28-2. 
		Approval of bond-Duration. 
		
		The bond required by Section 28-1 shall be approved by the Attorney
General and shall continue in force for 5 years after its filing, at or
before the expiration of which period a new bond shall be given or the
right to continue business within the State shall be forfeited.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/28-3)
Sec. 28-3. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
(105 ILCS 5/28-4) (from Ch. 122, par. 28-4)
Sec. 28-4. Notice of violations - Proceedings for forfeiture of bond. The school board of each district wherein the instructional materials
listed under the provisions of this Article have been adopted shall
notify the State Board of Education
of any violation of any
of the conditions contained in said bond. The State Board of Education may
 thereupon notify the person
guilty of the violation
and if such person disregards the notification and fails to comply with
the requirements of the contract, the State Board of Education may 
institute legal proceedings for the forfeiture of the
bond.
(Source: P.A. 101-17, eff. 6-14-19.)
(105 ILCS 5/28-5) (from Ch. 122, par. 28-5)
Sec. 28-5. 
		Inducement to teacher or officer forbidden.
No person shall secure or attempt to secure the sale of any school
instructional materials in any school district by rewarding or promising to
reward any teacher or by securing for him any position in any other school.
No person shall offer to give any emolument, money or other valuable thing,
promise of work or any other inducement to any teacher or school officer
for any vote or promise of vote or for the use of his influence for any
school instructional materials to be used in this State.
This section does not prevent any person from submitting, or any school
officer or teacher from receiving, a reasonable number of copies of printed
instructional materials for examination with a view to obtaining
information as to the book or series of books for which such officer shall
give his vote.
(Source: P.A. 77-2180.)
(105 ILCS 5/28-6)
Sec. 28-6. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
(105 ILCS 5/28-7) (from Ch. 122, par. 28-7)
Sec. 28-7. Retail prices of books. It is unlawful for any retail dealer in textbooks to sell any books
listed on the sworn statement published on the retail dealer's website at a price to
exceed a 15% advance on the net prices as so listed.
(Source: P.A. 101-17, eff. 6-14-19.)
(105 ILCS 5/28-8) (from Ch. 122, par. 28-8)
Sec. 28-8. Purchase by districts for resale at cost. School districts may purchase textbooks and electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the
prices listed on the sworn statement published on the retail dealer's website and sell
them to the pupils at the listed prices or at such prices as will
include the cost of transportation and handling.
(Source: P.A. 101-17, eff. 6-14-19.)
(105 ILCS 5/28-9) (from Ch. 122, par. 28-9)
Sec. 28-9. Purchase by districts - Designation of agent for sale. School districts may purchase out of contingent funds school
textbooks or electronic textbooks, instructional materials, and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the prices listed on the sworn statement published on the retail dealer's website and
may designate a retail dealer
or dealers to act as the agent of the district in selling them to
pupils. Such dealers shall at stated times make settlement with the
district for books sold. Such dealers shall not sell textbooks at prices
which exceed a 10% advance on the net prices as listed on the sworn statement.
(Source: P.A. 101-17, eff. 6-14-19.)
(105 ILCS 5/28-10)
Sec. 28-10. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
(105 ILCS 5/28-11) (from Ch. 122, par. 28-11)
Sec. 28-11. 
		Penalties.
Any dealer who violates the provisions of Sections 28--7 or 28--9 shall
be guilty of a petty offense and shall be fined not less than $25 nor more
than $100.
Whoever violates any of the provisions of the foregoing sections of this
Article, except those of Sections 28--7 and 28--9, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 77-2267.)
(105 ILCS 5/28-12)
Sec. 28-12. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
(105 ILCS 5/28-13) (from Ch. 122, par. 28-13)
Sec. 28-13. 
		Districts adopting provisions for free textbooks.
The foregoing sections of this Article do not apply to school boards and
school districts that have adopted the subsequent provisions of this
Article.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/28-14) (from Ch. 122, par. 28-14)
Sec. 28-14. Free textbooks - Referendum - Ballot. Any school board may, and whenever petitioned so to do by 5% or more
of the voters of such district shall order submitted to the
voters thereof at a regular scheduled
election the question of
furnishing free school textbooks or electronic textbooks for the use of pupils attending the
public schools of the district, and the secretary shall certify the proposition
to the proper election authorities for submission in accordance with the
general election law.    The proposition shall be in substantially the following form:
--------------------------------------------------------------
FOR furnishing free textbooks or electronic textbooks in
the public schools.
--------------------------------------------------------------
AGAINST furnishing free textbooks or electronic textbooks
in the public schools.
--------------------------------------------------------------
If a majority of the votes cast upon the proposition
is in favor of furnishing free textbooks or electronic textbooks, the governing body shall
provide, furnish and sell them as provided in Section 28-15, but no
such books shall be sold until at least 1 year after the election. The
furnishing of free textbooks or electronic textbooks when so adopted shall not be discontinued
within 4 years, and thereafter only by a vote of the voters of the
district upon the same conditions and in substantially the same manner
as the vote for the adoption of free textbooks or electronic textbooks. No textbook or electronic textbook furnished
under the provisions of this Article shall contain any denominational or
sectarian matter.
(Source: P.A. 96-1403, eff. 7-29-10.)
(105 ILCS 5/28-15) (from Ch. 122, par. 28-15)
Sec. 28-15. Textbooks provided and loaned to pupils-Sale to pupils. The governing body of every school district having voted in favor of
furnishing free textbooks or electronic textbooks under the provisions of Sections 28-14 through
28-19 shall provide, at the expense of the district, textbooks or electronic textbooks for use in
the public schools and loan them free to the pupils. Textbooks so furnished
shall remain the property of the school district. The governing body shall
also provide for the sale of such textbooks or electronic textbooks at cost to pupils of the
schools in the district wishing to purchase them for their own use.
(Source: P.A. 96-1403, eff. 7-29-10.)
(105 ILCS 5/28-16)
Sec. 28-16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
(105 ILCS 5/28-17)
Sec. 28-17. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
(105 ILCS 5/28-18) (from Ch. 122, par. 28-18)
Sec. 28-18. 
		Boards may jointly carry out law. 
		
		School boards of two or more districts may jointly carry out the
provisions of Sections 28-14 through 28-19.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/28-19) (from Ch. 122, par. 28-19)
Sec. 28-19. 
		Penalty for demanding or receiving money, promise or thing of value. 
		
		Whoever directly or indirectly, demands or receives any money, promise
or thing of value from any pupil, parent, guardian or caretaker of a pupil
for any book provided in this Article, except as provided in Section 28-15
shall be guilty of a Class B misdemeanor.
(Source: P.A. 77-2267.)
(105 ILCS 5/28-19.1) (from Ch. 122, par. 28-19.1)
Sec. 28-19.1. 
		
		Any member of the public may inspect all text and instructional
material used in the public schools.
(Source: P.A. 81-625.)
(105 ILCS 5/28-19.2) (from Ch. 122, par. 28-19.2)
Sec. 28-19.2. 
(a) No discrimination or punishment of any kind, including, but not limited to: the lowering of grades, exclusion from classes, or withholding of student records, transcripts or diplomas may be exercised against
a student because the student's parents or guardians are unable to purchase required textbooks
or instructional materials or to pay required fees.
(b) Any person who violates this Section is guilty of a petty offense.
(Source: P.A. 102-805, eff. 1-1-23.)
(105 ILCS 5/28-19.5)
Sec. 28-19.5. Funding for electronic format of textbooks. Notwithstanding any other provision of law, a school district may use funding received pursuant to this Code to purchase textbooks or instructional materials in an electronic format or hard-bound format and the technological equipment necessary to gain access to and use electronic textbooks or instructional materials if both of the following conditions are met:
(1) It can ensure that each pupil will be provided     with a copy of the instructional materials to use at school and at home.
(2) It will assist the pupil in comprehending the     material.Providing access to the materials at school and at home does not require the school district to purchase 2 sets of materials.
(Source: P.A. 96-1403, eff. 7-29-10.)
(105 ILCS 5/28-20) (from Ch. 122, par. 28-20)
Sec. 28-20. Definitions.
(a) For purposes of this Act the term instructional materials shall mean
both print and non-print materials, including electronic textbooks, that are used in the educational
process.
(b) For purposes of this Article, "textbook" includes electronic or digital textbooks that are used for educational purposes.
(Source: P.A. 96-1403, eff. 7-29-10.)
(105 ILCS 5/28-21) (from Ch. 122, par. 28-21)
Sec. 28-21. The State Board of Education shall require each publisher
of any printed textbook or electronic textbook that is furnished at public expense under Sections 28-14
through 28-19 and is first published after July 19, 2006 to furnish, as provided in this Section, an accessible electronic file set of contracted print material to the National Instructional Materials Access Center, which shall then be available to the State Board of Education or its authorized user for the purpose of conversion to an accessible format for use by a child with a print disability and for distribution to local education agencies.  An "accessible electronic file" means a file that conforms to specifications of the national file format adopted by the United States Department of Education. Other terms used in this Section shall be construed in compliance with the federal Individuals with Disabilities Education Act and related regulations.
(Source: P.A. 101-17, eff. 6-14-19.)