Illinois Compiled Statutes
Chapter 105 - SCHOOLS
105 ILCS 70/ - Educational Opportunity for Military Children Act.

(105 ILCS 70/1)
Sec. 1. Short title. This Act may be cited as the Educational Opportunity for Military Children Act.

(Source: P.A. 96-953, eff. 6-28-10.)
 
(105 ILCS 70/5)
Sec. 5. Purpose. It is the purpose of this Act to remove barriers to educational success imposed on children of active duty military personnel because of frequent moves and deployment of their parents by:
(Source: P.A. 98-673, eff. 6-30-14.)
 
(105 ILCS 70/10)
Sec. 10. Findings; authority to enter into compact. The General Assembly finds and declares that this State recognizes that there is created an Interstate Commission on Educational Opportunity for Military Children through the Council of State Governments, in cooperation with the U.S. Department of Defense Office of Personnel and Readiness, for addressing the needs of students in transition. The Interstate Commission on Educational Opportunity for Military Children is a group of member states who have joined to create laws easing the transition of children of active duty military personnel. The Governor of this State is authorized and directed to enter into a compact governed by this Act on behalf of this State with any of the United States legally joining therein.

(Source: P.A. 98-673, eff. 6-30-14.)
 
(105 ILCS 70/15)
Sec. 15. Applicability. This Act applies only if the member states of the Interstate Commission on Educational Opportunity for Military Children approve this State as a member state with this Act governing.

(Source: P.A. 96-953, eff. 6-28-10.)
 
(105 ILCS 70/20)
Sec. 20. Definitions. For purposes of this Act:
"Active duty military personnel" means active duty members of the uniformed military services, including any of the following:
"Non-custodial parent" means a person who has temporary custody of the child of any active duty military personnel and who is responsible for making decisions for that child.
"State Council" means the Illinois P-20 Council and additional representatives appointed by the Illinois P-20 Council as provided under Section 40 of this Act.

(Source: P.A. 98-673, eff. 6-30-14.)
 
(105 ILCS 70/25)
Sec. 25. Tuition for children of active duty military personnel who are transfer students. If a student who is a child of active duty military personnel is (i) placed with a non-custodial parent and (ii) as a result of placement, must attend a non-resident school district, then the student must not be charged the tuition of the school that the student attends as a result of placement with the non-custodial parent and the student must be counted in the calculation of average daily attendance under Section 18-8.05 or 18-8.15 of the School Code.

(Source: P.A. 100-465, eff. 8-31-17.)
 
(105 ILCS 70/30)
Sec. 30. Power of attorney for children of active duty military personnel. A student who has a parent who is active duty military personnel who must place the student with a non-custodial parent may submit a special power of attorney to the school district that authorizes the student (i) to enroll in the district of the non-custodial parent and (ii) have decisions made by the non-custodial parent. If a special power of attorney created pursuant to this Section is filed with the school district, then the school district must follow the direction of the special power of attorney.

(Source: P.A. 96-953, eff. 6-28-10.)
 
(105 ILCS 70/32)
Sec. 32. Educational records for children of active duty military personnel.
(a) In the event that official educational records cannot be released to parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records to the extent feasible. Upon receipt of the unofficial educational records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records, pending validation by the official records as quickly as possible. This subsection (a) does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in a course or courses.
(b) Simultaneous with the enrollment and conditional placement of a student, the school in the receiving state shall request the student's official educational record from the school in the sending state. Upon receipt of this request, the school in the sending state shall process and furnish the official educational records to the receiving state within 15 days.

(Source: P.A. 98-673, eff. 6-30-14.)
 
(105 ILCS 70/33)
Sec. 33. Enrollment and entrance age for children of active duty military personnel. Students must be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including kindergarten) at the school in the sending state at the time of transition. A student who has satisfactorily completed the requisite grade level in the school in the sending state is eligible for enrollment in the next highest grade level in the receiving state. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state at his or her validated grade level at an accredited school in the sending state. This Section does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

(Source: P.A. 98-673, eff. 6-30-14.)
 
(105 ILCS 70/35)
Sec. 35. Course placement; program placement; placement flexibility; graduation; extracurricular activities; absences related to deployment activities for children of active duty military personnel.
(a) If a student transfers before or during the school year, the school in the receiving state shall initially honor placement of the student in educational courses based on the student's enrollment in the school in the sending state or educational assessments conducted at the school in the sending state if the courses are offered and space is available. Course placement includes, but is not limited to, honors, International Baccalaureate, Advanced Placement, vocational, and technical and career pathways courses. Continuing the student's academic program from the school in the sending state and promoting placement in academically and career-challenging courses must be paramount when considering placement. This subsection (a) does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course or courses.
(b) The receiving school shall initially honor the placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the school in the sending state. Such programs include, but are not limited to, gifted and talented programs and English as a Second Language (ESL). This subsection (b) does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
(c) The school district of a school shall have flexibility in waiving course or program prerequisites or other preconditions for placement in offered courses or programs. The school district of a school shall work with a transfer student to determine an appropriate schedule that ensures that a student will graduate, provided that the student has met the district's minimal graduation requirements, which may be modified provided that the modifications are a result of scheduling issues and not a result of the student's academic failure.
(d) If a student transfers to a new school district during his or her senior year and the receiving school district cannot make reasonable adjustments under this Section to ensure graduation, then the school district shall make every reasonable effort to ensure that the school district from where the student transfers issues the student a diploma.
(e) Schools shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, to the extent the children are otherwise qualified and space is available as determined by the school principal.
(f) A student whose parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat-support posting must be granted additional absences, at the discretion of the school district's superintendent, to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.

(Source: P.A. 98-673, eff. 6-30-14.)
 
(105 ILCS 70/40)
Sec. 40. State coordination.
(a) Each member state of the Interstate Commission on Educational Opportunity for Military Children shall, through the creation of a State Council or
use of an existing body or board, provide for the coordination among its
agencies of government, local education agencies, and military
installations concerning the State's participation in and compliance
with the compact and Interstate Commission activities. The State Council shall be comprised of the Illinois P-20 Council, a representative from a school district associated with U.S. Army Garrison - Rock Island Arsenal having the highest percentage of students who are children of active duty military personnel, a representative from a school district associated with Scott Air Force Base having the highest percentage of students who are children of active duty military personnel, a representative from a school district associated with Naval Station Great Lakes having the highest percentage of students who are children of active duty military personnel, a representative from the school district with the highest percentage of students who are children of active duty military personnel not already represented in the State Council, and a non-voting representative appointed by each active-duty military installation commander in this State.
(b) The compact commissioner responsible for the administration and
management of the State's participation in the compact shall be
appointed by the State Council.

(Source: P.A. 97-216, eff. 1-1-12; 98-673, eff. 6-30-14.)
 
(105 ILCS 70/45)
Sec. 45. Interstate Commission on Educational Opportunity for Military Children.
(a) The member states hereby create the "Interstate Commission on Educational Opportunity for Military Children". The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
(b) The Interstate Commission shall have the following powers:
(c) The Interstate Commission shall, by a majority of the members present
and voting, within 12 months after the first Interstate Commission
meeting, adopt bylaws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the compact, including, but
not limited to:
(d) The Interstate Commission shall, by a majority of the members, elect
annually from among its members a chairperson, a vice-chairperson,
and a treasurer, each of whom shall have such authority and duties as
may be specified in the bylaws. The chairperson or, in the
chairperson's absence or disability, the vice-chairperson, shall preside
at all meetings of the Interstate Commission. The officers so elected
shall serve without compensation or remuneration from the Interstate
Commission, provided that, subject to the availability of budgeted
funds, the officers shall be reimbursed for ordinary and necessary costs
and expenses incurred by them in the performance of their
responsibilities as officers of the Interstate Commission.
(e) The executive committee shall have such authority and duties
as may be set forth in the bylaws, including, but not limited
to:
The executive committee may, subject to the approval of the
Interstate Commission, appoint or retain an executive director
for such period, upon such terms and conditions and for such
compensation, as the Interstate Commission may deem
appropriate. The executive director shall serve as secretary to
the Interstate Commission, but shall not be a member of the
Interstate Commission. The executive director shall hire and
supervise such other persons as may be authorized by the
Interstate Commission.
(f) The Interstate Commission's executive director and its employees shall
be immune from suit and liability, either personally or in their official
capacity, for a claim for damage to or loss of property or personal injury
or other civil liability caused or arising out of or relating to an actual or
alleged act, error, or omission that occurred, or that such person had a
reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that
such person shall not be protected from suit or liability for damage,
loss, injury, or liability caused by the intentional or willful and wanton
misconduct of such person.
(g) The liability of the Interstate Commission's executive director
and employees or Interstate Commission representatives,
acting within the scope of such person's employment or duties,
for acts, errors, or omissions occurring within such person's
state may not exceed the limits of liability set forth under the
Constitution and laws of that state for state officials,
employees, and agents. The Interstate Commission is
considered to be an instrumentality of the states for the
purposes of any such action. Nothing in this subsection (g) shall
be construed to protect such person from suit or liability for
damage, loss, injury, or liability caused by the intentional or
willful and wanton misconduct of such person.
(h) The Interstate Commission shall defend the executive director
and its employees and, subject to the approval of the Attorney
General or other appropriate legal counsel of the member state
represented by an Interstate Commission representative, shall
defend such Interstate Commission representative in any civil
action seeking to impose liability arising out of an actual or
alleged act, error, or omission that occurred within the scope of
Interstate Commission employment, duties, or responsibilities,
or that the defendant had a reasonable basis for believing
occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from
intentional or willful and wanton misconduct on the part of
such person.
(i) To the extent not covered by the state involved, member state,
or the Interstate Commission, the representatives or
employees of the Interstate Commission shall be held
harmless in the amount of a settlement or judgment,
including attorney's fees and costs, obtained against such
persons arising out of an actual or alleged act, error, or
omission that occurred within the scope of Interstate
Commission employment, duties, or responsibilities, or that
such persons had a reasonable basis for believing occurred
within the scope of Interstate Commission employment,
duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful
and wanton misconduct on the part of such persons.


(Source: P.A. 96-953, eff. 6-28-10.)
 
(105 ILCS 70/50)
Sec. 50. Rulemaking of the Interstate Commission. The Interstate Commission on Educational Opportunity for Military Children shall promulgate
reasonable rules in order to effectively and efficiently achieve the
purposes of the compact. Notwithstanding the foregoing, in the
event the Interstate Commission exercises its rulemaking authority in
a manner that is beyond the scope of the purposes of the compact, or the
powers granted hereunder, then such an action by the Interstate
Commission shall be invalid and have no force or effect. Notwithstanding the other provisions of this Section, no rule is effective or enforceable in this State until enacted into law in this State.
Rules shall be made pursuant to a
rulemaking process that substantially conforms to the "Model State
Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated,
Vol. 15, p. 1 (2000) as amended, as may be appropriate to the
operations of the Interstate Commission.
Notwithstanding any other provision of this Act, no rule of the Interstate Commission has force and effect in this State unless and until the State Council reviews the rule and recommends to the General Assembly that the rule be enacted into law in this State and the rule is enacted into law in this State.

(Source: P.A. 96-953, eff. 6-28-10.)
 
(105 ILCS 70/55)
Sec. 55. Resolution of disputes. The Interstate Commission on Educational Opportunity for Military Children shall attempt, upon the request of
a member state, to resolve disputes that are subject to the
compact and that may arise among member states and
between member and non-member states.

(Source: P.A. 96-953, eff. 6-28-10.)
 
(105 ILCS 70/60)
Sec. 60. Financing of the Interstate Commission.
(a) The Interstate Commission on Educational Opportunity for Military Children shall pay or provide for the payment of the
reasonable expenses of its establishment, organization, and ongoing
activities.
(b) The Interstate Commission may levy and collect an annual
assessment of $1 per student who has a parent who is active duty military personnel.
(c) The Interstate Commission shall not incur obligations of any kind prior
to securing the funds adequate to meet the same; nor shall the
Interstate Commission pledge the credit of any of the member states,
except by and with the authority of the member state.
(d) The Interstate Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Interstate
Commission shall be subject to the audit and accounting procedures
established under its bylaws. However, all receipts and disbursements
of funds handled by the Interstate Commission shall be audited yearly
by a certified or licensed public accountant, and the report of the audit
shall be included in and become part of the annual report of the
Interstate Commission.


(Source: P.A. 96-953, eff. 6-28-10.)
 
(105 ILCS 70/65)
Sec. 65. Withdrawal and dissolution of compact.
(a) Once effective, the compact shall continue in force and remain
binding upon each and every member state, provided that a
member state may withdraw from the compact by specifically
repealing the statute that enacted the compact into law.
(b) Withdrawal from the compact shall be by the enactment of a
statute repealing the same.
(c) The withdrawing state shall immediately notify the
chairperson of the Interstate Commission on Educational Opportunity for Military Children in writing upon the
introduction of legislation repealing the compact in the
withdrawing state. The Interstate Commission shall notify the
other member states of the withdrawing state's intent to
withdraw within 60 days of its receipt thereof.
(d) The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
withdrawal.
(e) Reinstatement following withdrawal of a member state shall
occur upon the withdrawing state reenacting the compact or
upon such later date as determined by the Interstate
Commission.
(f) The compact shall dissolve effective upon the date of the
withdrawal or default of the member state that reduces the
membership in the compact to one member state.
(g) Upon the dissolution of the compact, the compact becomes
null and void and shall be of no further force or effect, and the
business and affairs of the Interstate Commission shall be
concluded and surplus funds shall be distributed in
accordance with the bylaws.


(Source: P.A. 96-953, eff. 6-28-10.)
 
(105 ILCS 70/70)
Sec. 70. Severability and construction.
(a) The provisions of this Act are severable, and if any phrase,
clause, sentence, or provision is deemed unenforceable, the remaining
provisions of this Act are enforceable.
(b) The provisions of this Act shall be liberally construed to effectuate
its purposes.
(c) Nothing in this Act shall be construed to prohibit the applicability
of other interstate compacts to which the states are members.


(Source: P.A. 96-953, eff. 6-28-10.)
 
(105 ILCS 70/75)
Sec. 75. Binding effect of Act and other laws.
(a) Nothing in this Act prevents the enforcement of any other law that is not inconsistent with this Act.
(b) All laws conflicting with this Act are
superseded to the extent of the conflict.
(c) All agreements between the Interstate Commission on Educational Opportunity for Military Children and the
member states are binding in accordance with their terms.
(d) In the event any provision of this Act exceeds the
constitutional limits imposed on the legislature, such provision shall be ineffective to the extent of the
conflict with the constitutional provision in question.


(Source: P.A. 96-953, eff. 6-28-10.)
 
(105 ILCS 70/905)
Sec. 905. (Amendatory provisions; text omitted).

(Source: P.A. 96-953, eff. 6-28-10; text omitted.)
 
(105 ILCS 70/910)
Sec. 910. (Amendatory provisions; text omitted).

(Source: P.A. 96-953, eff. 6-28-10; text omitted.)
 
(105 ILCS 70/995)
Sec. 995. (Repealed).


(Source: P.A. 97-216, eff. 1-1-12. Repealed by P.A. 98-673, eff. 6-30-14.)
 
(105 ILCS 70/999)
Sec. 999. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 96-953, eff. 6-28-10.)

Structure Illinois Compiled Statutes