School board authority in Illinois

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Illinois state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Illinois law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Illinois law on school boards' authority over district policy. This section features the statutes in Illinois law that establish, enable, or define local school district boards.
- Constraints on Illinois school boards' authority. This section provides an overview of constraints on the school boards' authority in Illinois. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does Illinois compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Illinois.
School board authority over district policy in Illinois
Enabling or authorizing statute for the boards of school districts in Illinois
- See also: Enabling statute
Illinois Statute 105 ILCS 5/10-1, creates school district boards and gives them authority to operate according to state law:[1]
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Illinois school boards' powers and duties
Illinois public school boards of directors are given broad authority to administer the public schools in the state. Illinois Statute 105 ILCS 5/10-20 lists some specific powers enumerated to the school board, but the list is not exhaustive. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, some of the specific powers and duties include
- adopting and enforcing rules to manage schools
- directing the branches of study to be taught.[1]
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Constraints on Illinois school boards' authority
This section tracks constraints on school boards specific to Illinois as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on Illinois school boards' authority by topic
This section features constraints on school boards authority on policies related to the following topics:
Curriculum requirements
Illinois requires the following specific topics to be included in each districts curriculum:[3]
- American patriotism and the principles of government
- A Congressional Medal of Honor film for grade 7 and high school United States' history courses
- Civics education for grades 6-8
- Physical education
- Personal health and sexual health education
- Consent education
- Character education including teaching students about "respect, responsibility, fairness, caring, trustworthiness, and citizenship"
- Consumer education including financial literacy for grades 9-12
- Instruction on "current problems and needs in the conservation of natural resources, including but not limited to air pollution, water pollution, waste reduction and recycling, the effects of excessive use of pesticides, preservation of wilderness areas, forest management, protection of wildlife and humane care of domestic animals."
- Instruction on climate change[4]
- Instruction on the dangers and avoidance of abduction and drugs for kindergarten through grade 8
- Instruction on the dangers of fentanyl for grades 9-12
- Internet safety
- Safety education including, but not limited to automobile safety and CPR
- Native American history
- Media literacy
- Instruction on the Holocaust and genocide
- Black history
- Women's history
- Cursive writing
- Asian American history
- United States history
Curriculum restrictions
Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.
Book bans, removals, and restrictions
Illinois school boards have the authority to remove books from school libraries. However, Illinois Governor J.B. Pritzker (D) signed a law on June 12, 2023, holding that books should not be proscribed or removed because of partisan or doctrinal disapproval. The law went into effect on January 1, 2024, and, in part, "prohibit[s] the practice of banning specific books or resources" from libraries.[6][7]
Two school districts in Illinois reportedly banned books between 2023-2024, according to PEN America. Yorkville Community Unit School District 115 banned Just Mercy by Bryan Stevenson in August 2023 and Orion CUSD 223 banned Fun Home: A Family Tragicomic by Alison Bechdel in May 2024. In both instances, the book was banned from being used in the English curriculum for a high school course. The Yorkville Community Unit School District said in a statement that Just Mercy "may no longer be used as an anchor text to teach the English II unit, but the text will remain available to interested students in the library."[8][9][10]
Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[11][12][13]
Parental notification
Ballotpedia could not identify any parental notification requirements in Illinois statutes, regulations, case law, or collective bargaining agreements.
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[15]
Discipline
Illinois is one of 47 states that gives school boards authority over district disciplinary policy.
The text of Illinois Statute 105 ILCS 5/10-20.14 is as follows:[16]
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School board elections
- See also: Rules governing school board election dates and timing in Illinois, How does Illinois compare to other states on school board authority over election timing?
Illinois is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Illinois.
Public school choice and open enrollment
- See also: School choice in Illinois
Illinois state law requires school boards to develop policies to implement school choice within their district. State law does not permit open enrollment between districts:[1]
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Charter schools
- See also: Charter schools in Illinois, How does Illinois compare to other states on school board authority over charter schools?
Illinois is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
Proposals to establish new charter schools must be submitted to the local school board and the state board of education for approval:[18]
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Cellphone bans
Illinois is one of 15 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms. Despite there not being a statewide policy, some local school boards in the state, such as Hinckley-Big Rock School District, have voted to ban cellphones.[19]
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[20][21]
Illinois school boards are not required to engage in collective bargaining agreements with school employees over matters of managerial policy, however, they are required to engage in collective bargaining over matters of wages and conditions of employment:[22]
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Illinois school boards, though not required, can engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies. For example, though school boards in Illinois have statutory authority to establish disciplinary policies, the collective bargaining agreement between the Board of Education of the city of Chicago and the Chicago Teachers Union Local 1 grants some disciplinary discretion to teachers and principals:[23]
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Parents' Bill of Rights
Illinois is one of 24 states that does not have a statewide Parents' Bill of Rights.
How does Illinois compare to other states?
This section compares Illinois school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[24]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Five other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Illinois bill mandating climate change curriculum passes both chambers (2024): Illinois HB 4895, which proposed requiring climate change education, passed the Illinois Senate on May 23, 2024, after it passed the Illinois House of Representatives in April 2024. The bill proposed requiring Illinois schools to provide instruction “identifying the environmental and ecological impacts of climate change on individuals and communities, and evaluating solutions for addressing and mitigating the impact of climate change” starting in the 2026-2027 school year, according to the text of the bill.[25]
- Coalition of attorneys general files amicus brief in support of incorporating LGBTQ+ books in curriculum (2023): A coalition of 19 attorneys general filed an amicus brief on October 31, 2023, in support of Maryland's Montgomery County Board of Education’s policy to allow LGBTQ+ books to be incorporated into the curriculum. Montgomery County Public Schools faced legal challenges from a group of parents after implementing a policy in the 2022-2023 school year to incorporate LGBTQ+ books into their curriculum. The coalition included attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.[26]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
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Footnotes
- ↑ 1.0 1.1 1.2 Justia, "2023 Illinois Compiled Statutes Chapter 105 - SCHOOLS 105 ILCS 5/ - School Code. Article 10 - School Boards," accessed November 7, 2024
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Justia, "2023 Illinois Compiled Statutes Chapter 105 - SCHOOLS 105 ILCS 5/ - School Code. Article 27 - Courses of Study--Special Instruction," accessed November 7, 2024
- ↑ LegiScan, "Illinois House Bill 4895," accessed November 8, 2024
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Justia, "2023 Illinois Compiled Statutes Chapter 75 - LIBRARIES 75 ILCS 10/ - Illinois Library System Act," accessed November 7, 2024
- ↑ Illinois.gov, "Gov. Pritzker Signs Bill Making Illinois First State in the Nation to Outlaw Book Bans," June 12, 2023
- ↑ PEN America, "PEN America Index Of School Book Bans - 2023-2024," accessed November 22, 2024
- ↑ Patch, "Yorkville D115 Board Being Investigated Over Book Ban, Alleged Open Meetings Act Violation," October 10, 2023
- ↑ QC Times, "Orion School Board hears complaints of book being removed from curriculum," May 20, 2024
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Justia, "2023 Illinois Compiled Statutes Chapter 105 - SCHOOLS 105 ILCS 5/ - School Code. Article 10 - School Boards," accessed November 7, 2024
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Justia, "2023 Illinois Compiled Statutes Chapter 105 - SCHOOLS 105 ILCS 5/ - School Code. Article 27A - Charter Schools," accessed November 8, 2024
- ↑ Northern Public Radio, "Hinckley-Big Rock among Illinois school districts banning smartphones in classrooms," July 29, 2024
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ Justia, "2023 Illinois Compiled Statutes Chapter 115 - EDUCATIONAL LABOR RELATIONS 115 ILCS 5/ - Illinois Educational Labor Relations Act." accessed November 8, 2024
- ↑ Chicago Public Schools, "Agreement between The Board of Education of the City of Chicago and Chicago Teachers Union Local 1, American Federation of Teachers, AFL-CIO," accessed November 22, 2024
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ Legiscan, “Illinois House Bill 4895,” June 13, 2024
- ↑ Rob Bonta Attorney General, "Attorney General Bonta Joins Multistate Coalition in Effort to Support Curriculum Inclusivity for Transgender Students," October 31, 2023