Article 28 - Instructional Materials
(105 ILCS 5/Art. 28 heading) ARTICLE 28. INSTRUCTIONAL MATERIALS
(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)
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 (Repealed).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 Repealed by P.A. 94‑1105, eff. 6‑1‑07.)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 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 and electronic 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. 96‑1403, eff. 7‑29‑10.) |
(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 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 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. 96‑1403, eff. 7‑29‑10.)|
(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 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. 96‑1403, eff. 7‑29‑10.)|
(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 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.
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AGAINST furnishing free textbooks or electronic textbooks
in the public schools.
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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) (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 or electronic textbooks so furnished at public expense.
(Source: P.A. 96‑1403, eff. 7‑29‑10.)|
(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 5/28‑19.5)
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:
(1) It can ensure that each pupil will be provided |
| with a copy of the instructional materials to use at school and at home. |
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(2) It will assist the pupil in comprehending the |
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Providing access to the materials at school and at home does |
| not require the school district to purchase 2 sets of materials. |
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(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 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 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. 95‑415, eff. 8‑24‑07; 96‑1403, eff. 7‑29‑10.)|