(105 ILCS 5/28‑1)(from Ch. 122, par. 28‑1) Sec. 28‑1. Copies and prices filed ‑ Bond. No person shall offer any school instructional materials for
adoption, sale or exchange in the State until he has complied with the
following conditions: 1. He shall file with the State Board of Education, annually, by July
15, 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. He shall file with the State Board of Education 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, in a penal sum to be determined by the State Board of Education,
not less than $2000 nor more than $10,000 conditioned as
follows: (a) That he will furnish annually any of the materials listed in any
annual statement filed by him to any school district and any school
corporation in this State at the lowest net prices contained in the
statements and that he will maintain said prices uniformly throughout
the State. (b) That he will reduce such net prices in Illinois whenever they
are reduced elsewhere in the United States, and that he will file with
the State Board of Education a sworn statement
of reductions made elsewhere, so that at no time shall any instructional
material so filed and listed by him be sold in this State at a higher
net price than is received for such material elsewhere in the United
States. (c) He 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. 81‑1508.)
(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)(from Ch. 122, par. 28‑3) Sec. 28‑3. Lists sent to school authorities by State Board of Education. The State Board of Education shall,
within 30 days after the filing of any list and bond, send a copy of the
list to the regional superintendent of each educational service region.
Each supplier of printed instructional materials shall send 125 copies
of lists of materials and prices to the State Board of Education. (Source: P.A. 81‑1508.)
(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
shall 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 shall
institute legal proceedings for the forfeiture of the
bond. (Source: P.A. 81‑1508.)
(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)(from Ch. 122, par. 28‑6) Sec. 28‑6. Adoption of books by school boards ‑ Change. Printed instructional materials adopted by any board under the provisions
of this Article shall be used exclusively in all public high schools and
elementary schools for which they have been adopted, except that
supplementary or abridged or special editions thereof may be used when
necessary. (Source: P.A. 85‑1440.)
(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 with the State Board of Education at a price to
exceed a 15% advance on the net prices as so listed. (Source: P.A. 81‑1508.)
(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 from the publishers at the
prices listed with the State Board of Education 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. 81‑1508.)
(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 from the publishers at the prices listed with the
State Board of Education 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 with the
State Board of Education. (Source: P.A. 81‑1508.)
(105 ILCS 5/28‑10)(from Ch. 122, par. 28‑10) Sec. 28‑10. Purchase from families moving out of district‑Resale. When a family moves from one school district to another within the
State, the clerk of the district may purchase, out of the contingent fund,
the textbooks in use by the children of the family at a fair price, based
on the condition of the book. Such books may be resold to other pupils
moving into the district. (Source: Laws 1961, p. 31.)
(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)(from Ch. 122, par. 28‑12) Sec. 28‑12. Certain districts may print, publish, distribute and sell own textbooks. This Article does not prohibit any school district, comprised of a city
having a population exceeding 100,000 from printing, publishing,
distributing, or selling its own textbooks. (Source: Laws 1961, p. 31.)
(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 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 in the public schools. ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ AGAINST furnishing free textbooks in the public schools. ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of the votes cast upon the proposition
is in favor of furnishing free 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 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. No textbook furnished
under the provisions of this Article shall contain any denominational or
sectarian matter. (Source: P.A. 81‑1489.)
(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 under the provisions of Sections 28‑‑14 through
28‑‑19 shall provide, at the expense of the district, 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 at cost to pupils of the
schools in the district wishing to purchase them for their own use. (Source: Laws 1961, p. 31.)
(105 ILCS 5/28‑16)(from Ch. 122, par. 28‑16) Sec. 28‑16. Manner and methods of distribution‑Possession by diseased person. The distribution of all free textbooks under Sections 28‑‑14 through
28‑‑19 shall be made in such manner and by such methods as the school
boards determine. No books shall be distributed which have been in the
possession of any person having a contagious or infectious disease. (Source: Laws 1961, p. 31.)
(105 ILCS 5/28‑17)(from Ch. 122, par. 28‑17) Sec. 28‑17. Rules for care and preservation. The governing body of each district shall make such rules as it deems
proper for the care and preservation of textbooks so furnished at public
expense. (Source: Laws 1961, p. 31.)
(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
the lowering of grades or exclusion from classes, may be exercised against
a student whose 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. 83‑573.)
(105 ILCS 5/28‑20)(from Ch. 122, par. 28‑20) Sec. 28‑20. Instructional materials. For purposes of this Act the term instructional materials shall mean
both print and non‑print materials that are used in the educational
process. (Source: P. A. 77‑2180.)
(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 textbook that is listed for use by the State Board of Education under
this Article or that is furnished at public expense under Sections 28‑14
through 28‑19 or that is provided by loan free of charge to any student
under Section 18‑17 to furnish, as provided in this Section: (i) computer
diskettes for literary subjects in the American Standard Code for
Information Interchange (ASCII) from which Braille versions of the textbook
can be produced, and (ii) a copy of the textbook for those literary
subjects with copyright permission to duplicate into Braille, large print,
or tape. The copy of the textbook with copyright permission shall be
furnished by the publisher to the State Board of Education within 15 days
after the publisher receives the request of the State Board of Education
for that material. The computer diskettes for literary subjects in ASCII
from which Braille versions of the textbook can be produced shall be
furnished by the publisher to the State Board of Education or its designee
or designees, for those students identified as Braille readers, within 90
days after the publisher receives the request of the State Board of
Education for those computer diskettes. Each publisher of any such
textbook shall also be required to furnish to the State Board of Education
or its designee or designees, for those students identified as Braille
readers, computer diskettes in ASCII for nonliterary subjects,
including natural sciences, computer science, mathematics, and music, when
Braille specialty code translation software is available. (Source: P.A. 87‑1071.)
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