The Illinois School Code, codified at 105 ILCS 5, is the state statute that governs how public schools operate in Illinois. It sets the rules on who must attend school, how teachers are licensed and paid, what services students with disabilities are owed, how discipline works, how districts are funded, and what safety and privacy protections apply. The provisions below are the ones parents, teachers, and administrators run into most often.
Who Must Attend School
Illinois requires every child between age 6 (on or before September 1) and age 17 to attend school unless the child has already graduated.1Justia. Illinois Code 105 ILCS 5 Article 26 – Pupils Compulsory Attendance A parent or guardian meets that duty by enrolling the child in a public school, a private or parochial school, or a qualifying home education program.
The code distinguishes between ordinary absences and patterns that trigger intervention. A student who misses more than 1% but less than 5% of the past 180 school days without a valid cause is classified as truant. Missing 5% or more without a valid cause makes the student a chronic truant. Illness (including mental or behavioral health), religious observance, a death in the immediate family, and family emergencies count as valid causes.1Justia. Illinois Code 105 ILCS 5 Article 26 – Pupils Compulsory Attendance
Schools have to try in-school interventions first, such as counseling and academic support. Chronic truants can be referred to the regional office of education, which may connect the family to services or pursue legal action as a last resort. Anyone who induces a child to skip school unlawfully, or who knowingly employs or shelters a child absent from school for three consecutive days, faces a Class C misdemeanor.
Mental Health Days
Since January 2022, students may take up to five mental or behavioral health days per school year as excused absences without a doctor’s note. The school must let the student make up missed work. After a second mental health day, the school may refer the student to support personnel, but these absences do not count toward truancy calculations.2Illinois General Assembly. Illinois Public Act 102-03213Illinois State Board of Education. Public Act 102-0321 Frequently Asked Questions
Homeschooling
Illinois does not require parents to register before starting home instruction, and no standardized testing is imposed on homeschooled students. Parents must teach the same core subject areas covered in public schools at the corresponding grade level, and instruction must be in English. Those subjects are language arts, mathematics, biological and physical science, social science, fine arts, and physical development and health.4Illinois State Board of Education. Illinois Homeschooling Registration is voluntary but encouraged, and parents withdrawing a child from public school should notify the district even though no formal withdrawal procedure is mandated.
How Schools Can Discipline Students
The School Code lets schools suspend or expel students for gross disobedience or misconduct, but it hedges that authority with procedural rules. A suspension can last up to 10 school days, and the student must get notice of the specific violation and a chance to respond. An expulsion can extend up to two calendar years and requires more: the school board or a hearing officer must hold a hearing, parents must be notified by certified mail, and the student has the right to present evidence. The written expulsion decision must explain why removal is in the school’s best interest and justify the specific length.5Illinois General Assembly. Illinois Code 105 ILCS 5/10-22.6 – Suspension or Expulsion of Students
Public Act 99-456, known as SB 100, reshaped school discipline when it took effect in 2016. Most zero-tolerance policies were eliminated, meaning students are no longer automatically expelled or suspended for particular behaviors, with narrow exceptions required by federal law such as firearm violations under the Gun-Free Schools Act. Short suspensions of three days or less are permitted only when the student’s continued presence would threaten safety or disrupt other students’ learning. Longer suspensions, expulsions, and transfers to alternative schools require the district to exhaust available behavioral interventions first and document that effort in the written decision.6Illinois General Assembly. Illinois Public Act 099-0456
Restraint and Seclusion
Physical restraint and isolated timeout are permitted only when a student’s behavior presents an imminent danger of serious physical harm and only after less restrictive interventions have failed or been judged inappropriate. Prone restraint, where a student is held face-down with pressure applied, is prohibited entirely. Mechanical restraint is barred except in narrow circumstances such as medical treatment or positioning devices specified in a student’s IEP. Staff must be trained, and every incident must be documented and reported to parents.7Illinois General Assembly. Illinois Code 105 ILCS 5/10-20.33 – Discipline
Special Education Rights
Every eligible student with a disability is entitled to a free appropriate public education in the least restrictive setting possible. Students with disabilities must be educated alongside non-disabled peers whenever it can be done effectively with supplementary aids and services. A separate classroom or school is permitted only when the severity of the disability makes regular classroom instruction unworkable even with support.8Illinois General Assembly. Illinois Code 105 ILCS 5/14-8.02 – Identification, Evaluation, and Placement of Children
Every eligible student must have an Individualized Education Program spelling out educational goals, accommodations, and specialized services. Before a district can evaluate a child, it needs written parental consent, and from the date of that consent the district has 60 school days to complete the evaluation and hold an IEP meeting. Parents who disagree with the district’s evaluation can request an independent educational evaluation at public expense. Disputes over eligibility, placement, or services can go to mediation or a due process hearing through the Illinois State Board of Education.
Section 504 Plans
Section 504 of the federal Rehabilitation Act is a separate track. It covers students with a physical or mental impairment that substantially limits a major life activity such as learning, reading, or concentrating, and a student can qualify for a 504 plan even when their disability does not require the specialized instruction that triggers an IEP.9U.S. Department of Education. Frequently Asked Questions – Section 504 Free Appropriate Public Education A 504 plan typically provides accommodations like extended test time, preferential seating, or modified assignments. A medical diagnosis alone is not enough; the impairment must substantially limit a major life activity.
Teacher Licensing and Minimum Pay
Teaching in an Illinois public school requires a Professional Educator License issued through the Illinois State Board of Education. Earning a PEL means completing a state-approved teacher preparation program, holding at least a bachelor’s degree, and passing the required content-area and pedagogy exams through the Illinois Licensure Testing System.10Justia. Illinois Code 105 ILCS 5 Article 21B – Educator Licensure
Renewal is ongoing. Teachers and school support personnel must complete 120 hours of professional development every five years. Administrators need 100 hours plus an administrator academy in each fiscal year they serve in an administrative role.11Illinois State Board of Education. Renewal and Professional Development for Educators Required topics include instructional strategies, classroom management, mandated reporting of child abuse, and cultural competency.
Illinois sets a statutory floor for full-time teacher salaries. For the 2025–2026 school year the minimum is $55,000, and it rises to $60,000 starting in the 2026–2027 school year. Districts can pay above these minimums, but no school board may pay less.
All applicants for school employment are subject to criminal background screening. The School Code prohibits anyone convicted of certain serious offenses from holding a teaching license, and other felony convictions may be considered in employment decisions. Fingerprint-based checks through both state and federal databases are part of hiring.
How Illinois Schools Are Funded
Illinois public schools draw on local property taxes, state appropriations, and federal programs. The state overhauled its formula in 2017 with the Evidence-Based Funding for Student Success Act (Public Act 100-0465).12Illinois General Assembly. Illinois Public Act 100-0465 Under the evidence-based model, the state calculates what each district needs based on factors such as student population, poverty levels, and the number of English learners and students with disabilities. Districts furthest from adequate funding receive the largest share of new state dollars.
Local property taxes still supply the largest single revenue source for most districts. The Property Tax Extension Limitation Law caps annual growth in a non-home-rule district’s total property tax collections at 5% or the rise in the Consumer Price Index, whichever is lower. The cap slows revenue growth; it does not reduce existing levies.
A separate Property Tax Relief Grant helps high-tax districts reduce reliance on local levies. The grant is available only in years when the General Assembly increases the evidence-based funding appropriation by more than $300 million; amounts above that threshold feed the grant program up to $50 million. The grant was not funded for fiscal year 2026, though districts that previously received it retain the amount in their base funding calculation.13Illinois State Board of Education. Property Tax Relief Grant Federal Title I grants under the Every Student Succeeds Act supplement these sources for schools with high concentrations of low-income students.
Health, Safety, and Student Records
The School Safety Drill Act sets minimum drill requirements. Schools must run at least three fire evacuation drills each academic year, with one involving the local fire department, plus at least one severe weather and shelter-in-place drill focused on tornado preparedness. Law enforcement drills covering scenarios like lockdowns are strongly encouraged but not mandated.14Justia. Illinois Code 105 ILCS 128 – School Safety Drill Act
Health examinations and immunizations are required as a condition of enrollment. The governing statute, formerly Section 27-8.1, was renumbered to Section 22-105 by Public Act 104-391.15Illinois General Assembly. Illinois Code 105 ILCS 5/22-105 – Health Examinations and Immunizations Required vaccinations include measles, mumps, rubella, and polio, among others specified by the Illinois Department of Public Health. Medical exemptions are available, and religious exemptions may be claimed. Vision and dental screenings are also mandated at specific grade levels.
Schools built before the late 1980s face federal asbestos obligations under the Asbestos Hazard Emergency Response Act. Every school building must be inspected, the district must maintain an asbestos management plan, a licensed inspector must reinspect every three years, and parents, teachers, and employees must receive written notification about the plan at least once per school year.16United States Environmental Protection Agency. Federal Requirements for Asbestos Management in Schools
Student Records and Surveys
The federal Family Educational Rights and Privacy Act governs student records. Parents can inspect and review their child’s education records, and the school must provide access within 45 calendar days of a written request. If a parent believes a record is inaccurate or misleading, they can request a correction. If the school refuses, the parent has a right to a hearing, and after the hearing the parent can place a written statement of objection that stays with the contested record permanently.17U.S. Department of Education. A Parent Guide to the Family Educational Rights and Privacy Act
Schools may release “directory information” like a student’s name, grade level, and activities without prior consent, but only after notifying parents and providing an opt-out window.18Protecting Student Privacy. Directory Information The Protection of Pupil Rights Amendment adds protections for surveys. If a school plans to survey students on sensitive topics such as political beliefs, mental health, sexual behavior, or family income, it must obtain prior parental consent. Parents also have the right to inspect the survey before it is administered.
Rights for Students Experiencing Homelessness
The federal McKinney-Vento Homeless Assistance Act protects students who lack a fixed, regular, and adequate nighttime residence, and Illinois schools must comply. The central rule is immediate enrollment: a school cannot turn away a homeless student because the family lacks immunization records, proof of residency, a birth certificate, or other paperwork. The school must enroll the student right away and sort documentation out afterward. Districts must also provide school supplies and uniforms if the family cannot.
Homeless students have the right to stay in their school of origin for the duration of the homelessness, even if the family moves outside the district’s attendance area. The district must arrange transportation at the parent’s or guardian’s request. When a family moves into a different district’s area, the two districts must split transportation costs, and if they cannot agree they share equally. These rights continue through the end of the academic year in which the student becomes permanently housed. Every district receiving McKinney-Vento funds must designate a local liaison to identify homeless students and remove enrollment and participation barriers.
School Boards and Open Meetings
Each public school district is run by a locally elected school board operating under the School Code.19Justia. Illinois Code 105 ILCS 5 – School Code Members serve four-year terms and are responsible for hiring the superintendent, setting curricula, approving budgets, and negotiating employment contracts. Board members are prohibited from having a direct or indirect financial interest in district contracts paid from the district treasury, with limited exceptions requiring public disclosure and abstention.20Illinois General Assembly. Illinois Code 105 ILCS 5/10-9 – Interest of Board Member in Contracts
The Open Meetings Act requires boards to give public notice of meetings and allow community input, with narrow exceptions for closed executive sessions on topics such as personnel matters or pending litigation.21Justia. Illinois Code 5 ILCS 120 – Open Meetings Act Within the first year of a first term, every voting board member must complete at least four hours of professional development covering education and labor law, financial oversight, fiduciary duties, trauma-informed practices, and improving student outcomes.22Illinois General Assembly. Illinois Code 105 ILCS 5/10-16a – School Board Training Training may be provided by the Illinois Association of School Boards or other State Board of Education-approved providers.