Ill. Admin. Code tit. 23, § 425.30 - Requirements for Recognition

a) No school may be considered for recognition unless it was registered for the immediately previous school year and has renewed that registration for the current school year. Some requirements listed in this Part do not apply to a school whose educational program is delivered via correspondence, online, or through other similar means in acknowledgment of the fact that students participating in a school of this type do not gather in a physical location.

b) Each school's recognition is contingent upon evidence of compliance with requirements made applicable to schools by relevant statutes, case law, Executive Orders, and rules and regulations including, but not limited to, those set forth in this Part.

c) Each school seeking initial recognition or renewal of recognition must comply with the requirements of Section 425.20.

d) Administrative Requirements

1) A school must document to the State Superintendent that it complies with the requirements of:

A) Section 4 of the Abused and Neglected Child Reporting Act [325 ILCS 5 ], Section 5 of the Missing Children Records Act [325 ILCS 50 ], Section 5 of the Missing Children Registration Law [325 ILCS 55 ], and the rules of the State Board promulgated pursuant to Section 2-3.13a of the Code (23 Ill. Adm. Code 375.75).

B) The School Reporting of Drug Violations Act [105 ILCS 127 ].

C) Sections 10-27.1A and 10-27.1B of the Code regarding firearms and drug-related incidents in schools.

D) Section 10-21.7 of the Code regarding the reporting of attacks on school personnel.

2) The school must document to the State Superintendent that:

A) It maintains written descriptions of its governance structure and its policy-making procedure, maintains its policies in written form, and makes its policies routinely available to parents of the students enrolled and to school staff, as well as to other individuals upon request; or

B) It maintains a written description of its methods for complying with the nondiscrimination requirements identified in Section 425.20(a)(2)(H).

e) Educational Program

1) The school must document that instruction is provided in English, except as otherwise permitted pursuant to Section 27-2 of the School Code, in the branches of education taught to children of corresponding age and grade in the public schools (Section 26-1 of the Code), including the language arts, mathematics, the biological, physical and social sciences, the fine arts, and physical development and health (Section 27-1 of the Code).

2) Each school supported or maintained wholly or in part by public funds must document that it:

A) provides instruction in American patriotism, the principles of representative government, as enunciated in the American Declaration of Independence, the Constitution of the United States of America and the Constitution of the State of Illinois, and the proper use and display of the American flag (Section 27-3 of the Code);

B) leads students in the Pledge of Allegiance daily (Section 27-3 of the Code);

C) devotes not less than one hour per week to the study of the subject matter identified in subsection (e)(2)(A) in grades 7 and 8 or their equivalent and in all high school grades (Section 27-4 of the Code);

D) ensures that no student receives a certificate of graduation without passing an examination on the subjects listed in subsection (e)(2)(A) (Section 27-3 of the Code); and

E) ensures that no student shall be graduated from the eighth grade unless that student has received instruction in the history of the United States and has given evidence of a comprehensive knowledge of the subject. (Section 27-21 of the Code)

3) The school must provide health education as required by the Critical Health Problems and Comprehensive Health Education Act [105 ILCS 110 ].

f) Personnel Requirements

The school must document that:

1) it requires from each new employee evidence of physical fitness to perform duties assigned and freedom from communicable disease (Section 24-5(b) of the Code). A new or existing employee may be subject to additional health examinations, including screening for tuberculosis, as may be required under the administrative rules of the Department of Public Health at 77 Ill. Adm. Code 696 or any other relevant statute, case law, or administrative rule;

2) its personnel policies require:

A) monitoring the performance of each employee who provides or assists with instruction or has other instructional responsibilities (e.g., teachers, teacher aides, administrators, department chairs); and

B) formal evaluation at least every two years in terms of proficiency and competency;

3) students' needs for support services such as counseling and social work are evaluated when school staff believe consideration is needed, such as when there are changes in the student body or stresses within the surrounding community, and the school's staffing configuration reflects decision-making about how those needs should be addressed;

4) each individual first assigned to a full-time teaching or administrative position at or after the beginning of the 2011-12 school year shall hold a bachelor's or higher degree;

5) each individual first assigned to a full-time teaching or administrative position prior to the beginning of the 2011-12 school year who does not hold a bachelor's or higher degree shall participate annually in professional development that is demonstrably designed to strengthen that individual's knowledge and skills in areas directly related to job duties (e.g., content-area knowledge or pedagogy for teaching staff, and administration, supervision, evaluation, or school management for administrators); and

6) each individual employed in a nonteaching or nonadministrative field requiring licensure (e.g., school nurses) holds and practices within the scope of the relevant license.

g) Health and Safety

The school must document that:

1) the physical facilities occupied by the school comply with the applicable local building code and fire safety requirements. This compliance may be documented with any of the following:

A) For each school whose geographic location falls within the jurisdiction of a code authority, a copy of a certificate of occupancy issued by that authority, or a copy of a report of the most recent safety and fire inspection conducted by or on behalf of the relevant local authority and valid for the upcoming school year.

B) For each school not located within the jurisdiction of any code authority, a letter provided by a design professional indicating that the design professional has evaluated the facility and found no condition that would constitute a threat to the health and safety of the occupants and no condition that would constitute an obvious violation of the building code under Section 180.60.

C) For any school, the State Superintendent may accept a report from an individual other than a local authority or design professional.

2) if the school provides reimbursable food service, the nutrition program and the facilities used must comply with the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), and the School Breakfast and Lunch Program Act [105 ILCS 125 ];

3) it has a wellness policy on file that complies with the requirements of the Child Nutrition and WIC Reauthorization Act of 2004 (section 204 of Public Law 108-265; 42 U.S.C. 1751 et seq.);

4) it complies with the requirements of the School Safety Drill Act [105 ILCS 128 ], including conducting a review of the plan in accordance with Section 25(f) of that Act;

5) it complies with the requirements of the Eye Protection in School Act [105 ILCS 115 ];

6) it complies with the requirements of the Toxic Art Supplies in Schools Act [105 ILCS 135 ];

7) it complies with the applicable requirements of the Asbestos Abatement Act [105 ILCS 105 ]; and

8) it complies with the requirements of Section 22-80 of the School Code.

Notes

Ill. Admin. Code tit. 23, § 425.30

Amended at 46 Ill. Reg. 6491, effective 4/11/2022