Early in the 19th century there was little state involvement in education. Later, education became almost entirely a function of state or local government. In the 20th century, the state assumed responsibility for the regulation of education. The Illinois State Constitution establishes a system of public schools, whereas the U.S. Constitution makes no mention of education. Ostensibly, therefore, education is a responsibility of the state.

Since the 1950s, however, the federal government has assumed a more aggressive role in the regulation of schools by imposing requirements upon the states. Federal laws, such as the 1964 Civil Rights Act and its amendments and the Individuals with Disabilities Education Act, have greatly changed education in the last 60 years. While recent federal administrative changes have sought to limit the enforcement of certain regulations federally, it remains to be seen whether such changes will result in more limited enforcement, changed focus, or a shift in enforcement to court enforcement rather than agency enforcement.

Until 2025, the U.S. Department of Education was the principal federal agency that regulated public schools. In 2025, the agency was largely defunded by the federal administration, and many of its tasks delegated to various other agencies, including the Department of Labor. It is unclear as of the time of this publication what authority, if any, either the Department of Labor or the U.S. Department of Education will have or exert.

20 U.S.C. 3411

The Illinois Constitution provides:

"A fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities.

"The State shall provide for an efficient system of high quality public educational institutions and services. Education in public schools through the secondary level shall be free. There may be such other free education as the General Assembly provides by law.

"The State has the primary responsibility for financing the system of public education."

Ill. Const. art. X, sec. 1

Board of Education of Community Consolidated School District 606, Tazewell County v. Board of Education of Community Unit District 124 of Mason and Tazewell Counties, 11 Ill. App. 2d 408, 137 N.E. 2d 721 (3rd Dist. 1956)

O'Connor v. Board of Education of School District No. 23, 645 F. 2d 578 (7th Cir. 1981) cert. den. 102 S. Ct. 641, 454 U.S. 1084, 70 L. Ed. 2d 619 (1981), on rem. 545 F. Supp. 376

The laws of Illinois are published in the Illinois Compiled Statutes which can be found online at www.ilga.gov. Many of the laws affecting education are contained in Chapter 105, which is commonly called the "School Code." The laws of Illinois were reorganized in 1993. Before January 1, 1993, Illinois laws were organized as Illinois Revised Statutes. In Illinois Revised Statutes, the School Code was Chapter 122.

Many chapters in addition to Chapter 105 of the Illinois Compiled Statutes directly affect or regulate schools. For example, elections are administered by laws contained in Chapter 10. The Educational Labor Relations Act and other labor matters are found in Chapter 115, the Open Meetings Act is included in Chapter 5, pensions laws are in Chapter 40, and various laws relating to records are contained in Chapter 50.

Many other chapters of the Illinois Compiled Statutes are relevant to schools. Various state agencies have rules and regulations that are found in the Illinois Administrative Code. There are also numerous federal laws that apply to schools.

The Illinois Administrative Code can be accessed online at www.ilga.gov. Rules adopted by the Illinois State Board of Education are found in Title 23.

23 Ill. Admin. Code 1 et seq.

The terms common schools, free schools, and public schools are used interchangeably in the School Code.

105 ILCS 5/1-3