Illinois Compiled Statutes
105 ILCS 5/ - School Code.
Article 28 - Instructional Materials

(105 ILCS 5/Art. 28 heading)

 
(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:
(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 (Repealed).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 Repealed by P.A. 94-1105, eff. 6-1-07.)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:
(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.)

Structure Illinois Compiled Statutes

Illinois Compiled Statutes

Chapter 105 - SCHOOLS

105 ILCS 5/ - School Code.

Article 1 - Short Title - Construction - Definitions

Article 1A - State Board Of Education

Article 1B - School District Financial Oversight Panel And Emergency Financial Assistance

Article 1C - Block Grants

Article 1D - Block Grants For Districts With Over 500,000 Inhabitants

Article 1E - Downstate School Finance Authority

Article 1F - Downstate School Finance Authority for Elementary Districts

Article 1G - Mathematics and Science; Block Grant Program

Article 1H - Financial Oversight Panels

Article 2 - State Board of Education - Powers and Duties

Article 3 - Regional Superintendent of Schools

Article 3A - Educational Service Regions

Article 4 - Duties of County Board

Article 5 - Trustees of Schools

Article 6 - Regional Board of School Trustees

Article 7 - Boundary Change

Article 7A - Unit School District Conversion in Districts With Not More Than 250 Students In Grades 9 Through 12 (Repealed)

Article 7C - Transfer Of High School District Territory (Repealed)

Article 8 - Treasurers

Article 9 - Elections

Article 10 - School Boards

Article 11A - Unit School District Formation (Repealed)

Article 11B - School District Combination (Repealed)

Article 11C - Accounting Procedures

Article 11D - School District Conversion (Repealed)

Article 11E - Conversion and Formation of School Districts

Article 12 - High School Districts--Nonhigh School Districts--Community High School Districts

Article 13 - Schools For Designated Purposes

Article 13A - Alternative Public Schools

Article 13B - Alternative Learning Opportunities

Article 14 - Children With Disabilities

Article 14A - Gifted and Talented Children And Children Eligible For Accelerated Placement

Article 14B - Educationally Disadvantaged Children (Repealed)

Article 14C - Transitional Bilingual Education

Article 15 - Common School Lands

Article 16 - Gifts--Use Of Sites--Playgrounds

Article 17 - Budgets--Tax Rates--Tax Warrants

Article 18 - Common School Fund

Article 19 - Debt Limitation - Bonds - Territory Liable - Refunding Bonds

Article 19a - Revenue Bonds For Exhibition Facilities

Article 19b - School Energy Conservation And Saving Measures

Article 20 - Working Cash Fund

Article 21 - Certification Of Teachers

Article 21A - New Teacher Induction and Mentoring

Article 21B - Educator Licensure

Article 22 - General Provisions--Penalties--Liabilities

Article 23 - School Board Associations

Article 24 - Employment of Teachers--Tenure--Duties of Teachers

Article 24A - Evaluation of Certified Employees

Article 26 - Pupils--Compulsory Attendance

Article 26A - Children and Students Who Are Parents, Expectant Parents, or Victims of Domestic or Sexual Violence

Article 27 - Courses of Study--Special Instruction

Article 27A - Charter Schools

Article 28 - Instructional Materials

Article 28A - Education Purchasing Program

Article 29 - Transportation

Article 30 - Scholarships

Article 31 - Fraternities--Sororities

Article 32 - Special Charter Districts

Article 33 - Districts From 100,000 To Not More Than 500,000 Inhabitants

Article 34 - Cities Of Over 500,000 Inhabitants - Board Of Education

Article 34A - School Finance Authority

Article 34B - Bridge Note Statute (Repealed)

Article 35 - Buildings--School Building Commission (Repealed)

Article 36 - Repeal - Saving