2005 Illinois 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)(from Ch. 122, par. 22‑4) Sec. 22‑4. Real
estate of officers and sureties‑Liability for claims and demands. The real estate of county superintendents, of township treasurers, and
of all other school officers 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, and the real estate of the
sureties of each of them, shall be bound for the satisfaction and payment
of all claims and demands against them, arising from the conversion,
unlawful use or waste of such funds, from the date of issuing process
against such officers, in actions or suits brought to recover such claims
or demands, until satisfaction thereof is obtained; and no sale or
alienation of real estate by any such officer or surety shall defeat the
lien created by this section, but all such real estate held, owned or
claimed, shall be liable to be sold in satisfaction of any judgment which
may be obtained in such actions or suits. (Source: Laws 1961, p. 31.)
(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)(from Ch. 122, par. 22‑9) Sec. 22‑9. Treasurer, clerk or director‑Non‑compliance. Any treasurer, clerk of any board of directors, or any director who
fails to comply with any of the requirements of this Act where no other
penalty is provided shall be guilty of a petty offense and shall be fined
not less than $5 nor more than $50. (Source: P. A. 77‑2267.)
(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. The school board of any school district may, in its discretion, 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 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. 77‑1554.)
(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 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 principal,
counselors and teachers of the school to aid in the proper rehabilitation
of the child and to protect the safety of students and employees in the
school. (Source: P.A. 89‑610, eff. 8‑6‑96.)
(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 5/22‑27) Sec. 22‑27. World War II and Korean Conflict veterans; 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 or the Korean 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. (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. 92‑446, eff. 1‑1‑02; 92‑651, eff. 7‑11‑02.)
(105 ILCS 5/22‑30) Sec. 22‑30. Self‑administration of medication. (a) In this Section: "Epinephrine auto‑injector" means a medical device for immediate self‑administration by a person at risk of anaphylaxis.
"Medication" means a medicine, prescribed by (i) a physician
licensed to practice medicine in all its branches,
(ii) a physician assistant who has been delegated the authority to prescribe
asthma
medications by his or her supervising physician, or (iii) an advanced practice
registered nurse who has a written
collaborative agreement with a collaborating physician that delegates the
authority
to prescribe asthma medications,
for a pupil that pertains to the pupil's
asthma and that has an individual prescription label. "Self‑administration" means a pupil's discretionary use of his or
her prescribed asthma medication. (b) A school, whether public or nonpublic, must permit the
self‑administration of
medication by a pupil with asthma or the use of an epinephrine auto‑injector by a pupil, provided that: (1) the parents or guardians of the pupil provide to
the school written authorization for the self‑administration of medication or use of an epinephrine auto‑injector; and
(2) the parents or guardians of the pupil provide to
the school 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 medication or
epinephrine auto‑injector;
(B) the prescribed dosage; and (C) the time or times at which or the special
circumstances under which the medication or epinephrine auto‑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. (c) The school district or nonpublic school must inform the parents or
guardians of the
pupil, in writing, that the school district 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
self‑administration of medication or use of an epinephrine auto‑injector by the pupil. The parents or guardians
of the pupil must sign a statement acknowledging that the school district
or nonpublic school is to incur no liability, except for willful and wanton
conduct, as a result of any injury arising
from the
self‑administration of medication or use of an epinephrine auto‑injector by the pupil and that the parents or
guardians must indemnify and hold harmless the school district or nonpublic
school and
its
employees and agents against any claims, except a claim based on willful and
wanton conduct, arising out of the
self‑administration of medication or use of an epinephrine auto‑injector by the pupil. (d) The permission for self‑administration of medication or use of an epinephrine auto‑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 possess and use his or her medication or a pupil may possess and use an epinephrine auto‑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. (Source: P.A. 94‑792, eff. 5‑19‑06.)
(105 ILCS 5/22‑35) Sec. 22‑35. Sharing information on school lunch applicants;
consent. Before an entity shares with the Department of Public Aid
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 Public Aid 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. 93‑404, eff. 8‑1‑03.)
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