Sen. Miguel del Valle
Filed: 11/17/2004
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1 | AMENDMENT TO HOUSE BILL 757
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2 | AMENDMENT NO. ______. Amend House Bill 757, AS AMENDED, in | ||||||
3 | Section 5, in the introductory clause, by replacing "and 9-18" | ||||||
4 | with "9-18, 26-2, 26-8, and 26-16"; and
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5 | in Section 5, immediately below Sec. 14-16, by inserting the | ||||||
6 | following: | ||||||
7 | "(105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | ||||||
8 | (Text of Section from P.A. 93-803) | ||||||
9 | Sec. 26-2. Enrolled pupils below 7 or over 17
16 .
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10 | (a) Any person having custody or
control of a child who is | ||||||
11 | below the age of 7 years or is 17 years of age or above the age | ||||||
12 | of 16 years
and who is enrolled in any of grades 1 through 12 ,
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13 | in the public school shall
cause him to attend the public | ||||||
14 | school in the district wherein he resides when
it is in session | ||||||
15 | during the regular school term , unless he is excused under
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16 | paragraph
paragraphs 2, 3, 4 ,
or 5 , or 6 of Section 26-1.
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17 | (b) A school district shall deny reenrollment in its | ||||||
18 | secondary schools
to any
child above the age of 19 years of age | ||||||
19 | or above who has dropped out of school
and who could
not, | ||||||
20 | because of age and lack of credits, attend classes during the | ||||||
21 | normal
school year and graduate before his or her twenty-first | ||||||
22 | birthday.
A district may, however, enroll the child in a | ||||||
23 | graduation incentives program under Section 26-16 of this Code | ||||||
24 | or an alternative learning
opportunities program established
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1 | under Article 13B.
No
child shall be denied reenrollment for | ||||||
2 | the above reasons
unless the school district first offers the | ||||||
3 | child
due process as required in cases of expulsion under | ||||||
4 | Section
10-22.6. If a child is denied reenrollment after being | ||||||
5 | provided with due
process, the school district must provide | ||||||
6 | counseling to that child and
must direct that child to
| ||||||
7 | alternative educational
programs, including adult education | ||||||
8 | programs, that lead to graduation or
receipt of a GED diploma.
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9 | (c) A school or school district may deny enrollment to a | ||||||
10 | student 17
16 years
of age
or older for one semester for | ||||||
11 | failure to meet minimum academic standards if all
of the
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12 | following conditions are met:
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13 | (1) The student achieved a grade point average of less | ||||||
14 | than "D" (or its
equivalent)
in the semester immediately | ||||||
15 | prior to the current semester.
| ||||||
16 | (2) The student and the student's parent or guardian | ||||||
17 | are given written
notice
warning that the student is | ||||||
18 | failing academically and is subject to denial from
| ||||||
19 | enrollment for one semester unless a "D" average (or its | ||||||
20 | equivalent) or better
is attained in the
current
semester.
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21 | (3) The parent or guardian is provided with the right | ||||||
22 | to appeal the
notice, as
determined by the State Board of | ||||||
23 | Education in accordance with due process.
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24 | (4) The student is provided with an academic | ||||||
25 | improvement plan and academic
remediation services.
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26 | (5) The student fails to achieve a "D" average (or its | ||||||
27 | equivalent) or
better in the current
semester.
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28 | A school or school district may deny enrollment to a | ||||||
29 | student 17
16 years of age
or
older for one semester for | ||||||
30 | failure to meet minimum attendance standards if all
of the
| ||||||
31 | following conditions are met:
| ||||||
32 | (1) The student was absent without valid cause for 20% | ||||||
33 | or more of the
attendance
days in the semester immediately | ||||||
34 | prior to the current semester.
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1 | (2) The student and the student's parent or guardian | ||||||
2 | are given written
notice
warning that the student is | ||||||
3 | subject to denial from enrollment for one
semester
unless | ||||||
4 | the student is absent without valid cause less than 20% of | ||||||
5 | the
attendance days
in the current semester.
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6 | (3) The student's parent or guardian is provided with | ||||||
7 | the right to appeal
the
notice, as determined by the State | ||||||
8 | Board of Education in accordance with due
process.
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9 | (4) The student is provided with attendance | ||||||
10 | remediation services,
including
without limitation | ||||||
11 | assessment, counseling, and support services.
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12 | (5) The student is absent without valid cause for 20% | ||||||
13 | or more of the
attendance
days in the current semester.
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14 | A school or school district may not deny enrollment to a | ||||||
15 | student (or
reenrollment
to a dropout) who is at least 17
16
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16 | years of age or older but below
not more than 19
years for more
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17 | than one consecutive semester for failure to meet academic or | ||||||
18 | attendance
standards.
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19 | (d) No child may be denied enrollment or reenrollment under | ||||||
20 | this
Section in violation
of the Individuals with Disabilities | ||||||
21 | Education Act or the Americans with
Disabilities Act.
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22 | (e) In this subsection (e), "reenrolled student" means a | ||||||
23 | dropout who has
reenrolled
full-time in a public school. Each | ||||||
24 | school district shall identify, track, and
report on the
| ||||||
25 | educational progress and outcomes of reenrolled students as a | ||||||
26 | subset of the
district's
required reporting on all enrollments.
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27 | A reenrolled student who again drops out must not be counted | ||||||
28 | again
against a district's dropout rate performance measure.
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29 | The State
Board of Education shall set performance standards | ||||||
30 | for programs serving
reenrolled
students.
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31 | (f) The State Board of Education shall adopt any rules | ||||||
32 | necessary to
implement the
changes to this Section made by | ||||||
33 | Public Act 93-803
this amendatory Act of the 93rd General
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34 | Assembly .
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1 | (Source: P.A. 92-42, eff. 1-1-02; 93-803, eff. 7-23-04.)
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2 | (Text of Section from P.A. 93-858)
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3 | Sec. 26-2. Enrolled pupils below 7 or over 17. | ||||||
4 | (a) Any person having custody or
control of a child who is | ||||||
5 | below the age of 7 years or is 17 years of age or above
and who | ||||||
6 | is enrolled in any of grades 1 through 12 in the public school | ||||||
7 | shall
cause him to attend the public school in the district | ||||||
8 | wherein he resides when
it is in session during the regular | ||||||
9 | school term, unless he is excused under
paragraph 2, 3, 4, 5, | ||||||
10 | or 6 of Section 26-1.
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11 | (b) A school district shall deny reenrollment in its | ||||||
12 | secondary schools to any
child 19
17 years of age or above who | ||||||
13 | has dropped out of school
and who could
not, because of age and | ||||||
14 | lack of credits, attend classes during the normal
school year | ||||||
15 | and graduate before his or her twenty-first birthday.
A | ||||||
16 | district may, however, enroll the child in a graduation | ||||||
17 | incentives program under Section 26-16 of this Code or an | ||||||
18 | alternative learning
opportunities program established
under | ||||||
19 | Article 13B.
No
child shall be denied reenrollment for the | ||||||
20 | above reasons
unless the school district first offers the child
| ||||||
21 | due process as required in cases of expulsion under Section
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22 | 10-22.6. If a child is denied reenrollment after being provided | ||||||
23 | with due
process, the school district must provide counseling | ||||||
24 | to that child and
must direct that child to
alternative | ||||||
25 | educational
programs, including adult education programs, that | ||||||
26 | lead to graduation or
receipt of a GED diploma. | ||||||
27 | (c) A school or school district may deny enrollment to a | ||||||
28 | student 17 years
of age
or older for one semester for failure | ||||||
29 | to meet minimum academic standards if all
of the
following | ||||||
30 | conditions are met: | ||||||
31 | (1) The student achieved a grade point average of less | ||||||
32 | than "D" (or its
equivalent)
in the semester immediately | ||||||
33 | prior to the current semester. |
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| |||||||
1 | (2) The student and the student's parent or guardian | ||||||
2 | are given written
notice
warning that the student is | ||||||
3 | failing academically and is subject to denial from
| ||||||
4 | enrollment for one semester unless a "D" average (or its | ||||||
5 | equivalent) or better
is attained in the
current
semester. | ||||||
6 | (3) The parent or guardian is provided with the right | ||||||
7 | to appeal the
notice, as
determined by the State Board of | ||||||
8 | Education in accordance with due process. | ||||||
9 | (4) The student is provided with an academic | ||||||
10 | improvement plan and academic
remediation services. | ||||||
11 | (5) The student fails to achieve a "D" average (or its | ||||||
12 | equivalent) or
better in the current
semester. | ||||||
13 | A school or school district may deny enrollment to a | ||||||
14 | student 17 years of age
or
older for one semester for failure | ||||||
15 | to meet minimum attendance standards if all
of the
following | ||||||
16 | conditions are met: | ||||||
17 | (1) The student was absent without valid cause for 20% | ||||||
18 | or more of the
attendance
days in the semester immediately | ||||||
19 | prior to the current semester. | ||||||
20 | (2) The student and the student's parent or guardian | ||||||
21 | are given written
notice
warning that the student is | ||||||
22 | subject to denial from enrollment for one
semester
unless | ||||||
23 | the student is absent without valid cause less than 20% of | ||||||
24 | the
attendance days
in the current semester. | ||||||
25 | (3) The student's parent or guardian is provided with | ||||||
26 | the right to appeal
the
notice, as determined by the State | ||||||
27 | Board of Education in accordance with due
process. | ||||||
28 | (4) The student is provided with attendance | ||||||
29 | remediation services,
including
without limitation | ||||||
30 | assessment, counseling, and support services. | ||||||
31 | (5) The student is absent without valid cause for 20% | ||||||
32 | or more of the
attendance
days in the current semester. | ||||||
33 | A school or school district may not deny enrollment to a | ||||||
34 | student (or
reenrollment
to a dropout) who is at least 17 years |
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1 | of age or older but below 19
years for more
than one | ||||||
2 | consecutive semester for failure to meet academic or attendance
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3 | standards.
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4 | (d) No child may be denied enrollment or reenrollment under | ||||||
5 | this Section in violation
of the Individuals with Disabilities | ||||||
6 | Education Act or the Americans with
Disabilities Act.
| ||||||
7 | (e) In this subsection (e), "reenrolled student" means a | ||||||
8 | dropout who has
reenrolled
full-time in a public school. Each | ||||||
9 | school district shall identify, track, and
report on the
| ||||||
10 | educational progress and outcomes of reenrolled students as a | ||||||
11 | subset of the
district's
required reporting on all enrollments.
| ||||||
12 | A reenrolled student who again drops out must not be counted | ||||||
13 | again
against a district's dropout rate performance measure.
| ||||||
14 | The State
Board of Education shall set performance standards | ||||||
15 | for programs serving
reenrolled
students. | ||||||
16 | (f) The State Board of Education shall adopt any rules | ||||||
17 | necessary to
implement the
changes to this Section made by | ||||||
18 | Public Act 93-803.
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19 | (Source: P.A. 92-42, eff. 1-1-02; 93-858, eff. 1-1-05.)
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20 | (105 ILCS 5/26-8) (from Ch. 122, par. 26-8)
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21 | Sec. 26-8. Determination as to compliance - Complaint in | ||||||
22 | circuit court.
A truant officer or, in a school district that | ||||||
23 | does not have a truant officer, the regional superintendent of | ||||||
24 | schools or his or her designee, after giving the notice | ||||||
25 | provided in Section 26-7, shall
determine whether the notice | ||||||
26 | has been complied with. If 3 notices have been given and the | ||||||
27 | notices have not
been complied with, and if the persons having | ||||||
28 | custody or control have knowingly
and wilfully permitted the | ||||||
29 | truant behavior to continue, the regional superintendent of | ||||||
30 | schools, or his or her designee, of the school district where | ||||||
31 | the child resides shall conduct a truancy hearing. If the | ||||||
32 | regional superintendent determines as a result of the hearing | ||||||
33 | that the child is truant, the regional superintendent shall , if |
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1 | age appropriate at the discretion of the regional | ||||||
2 | superintendent, require the student to complete 20 to 40 hours | ||||||
3 | of community service over a period of 90 days. If the truancy | ||||||
4 | persists, the regional superintendent shall (i) make complaint | ||||||
5 | against the persons having custody or control to the state's
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6 | attorney or in the circuit court in the county where such | ||||||
7 | person resides
for failure to comply with the provisions of | ||||||
8 | this Article or (ii) conduct truancy mediation and encourage | ||||||
9 | the student to enroll in a graduation incentives program under | ||||||
10 | Section 26-16 of this Code. If, however,
after giving the | ||||||
11 | notice provided in Section 26-7 the truant behavior has
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12 | continued, and the child is beyond the control of the parents, | ||||||
13 | guardians
or custodians, a truancy petition shall be filed | ||||||
14 | under the provisions of
Article III of the Juvenile Court Act | ||||||
15 | of 1987.
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16 | (Source: P.A. 93-858, eff. 1-1-05.)
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17 | (105 ILCS 5/26-16) | ||||||
18 | Sec. 26-16. Graduation incentives program.
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19 | (a) The General Assembly finds that it is critical to | ||||||
20 | provide options for children to succeed in school. The purpose | ||||||
21 | of this Section is to provide incentives for and encourage all | ||||||
22 | Illinois students who have experienced or are experiencing | ||||||
23 | difficulty in the traditional education system to enroll in | ||||||
24 | alternative programs. | ||||||
25 | (b) Any student who is below the age of 20 years
no more | ||||||
26 | than 18 years of age is eligible to enroll in a graduation | ||||||
27 | incentives program if he or she: | ||||||
28 | (1) is considered a dropout pursuant to Section 26-2a | ||||||
29 | of this Code; | ||||||
30 | (2) has been suspended or expelled pursuant to Section | ||||||
31 | 10-22.6 or 34-19 of
this Code; | ||||||
32 | (3) is pregnant or is a parent; | ||||||
33 | (4) has been assessed as chemically dependent; or |
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1 | (5) is enrolled in a bilingual education or LEP | ||||||
2 | program. | ||||||
3 | (c) The following programs qualify as graduation | ||||||
4 | incentives programs for students meeting the criteria | ||||||
5 | established in this Section: | ||||||
6 | (1) Any public elementary or secondary education | ||||||
7 | graduation incentives program established by a school | ||||||
8 | district or by a regional office of education. | ||||||
9 | (2) Any alternative learning opportunities program | ||||||
10 | established pursuant to Article 13B of this Code. | ||||||
11 | (3) Vocational or job training courses approved by the | ||||||
12 | State Superintendent of Education that are available | ||||||
13 | through the Illinois public community college system. | ||||||
14 | Students may apply for reimbursement of 50% of tuition | ||||||
15 | costs for one course per semester or a maximum of 3 courses | ||||||
16 | per school year. Subject to available funds, students may | ||||||
17 | apply for reimbursement of up to 100% of tuition costs upon | ||||||
18 | a showing of employment within 6 months after completion of | ||||||
19 | a vocational or job training program. The qualifications | ||||||
20 | for reimbursement shall be established by the State | ||||||
21 | Superintendent of Education by rule. | ||||||
22 | (4) Job and career programs approved by the State | ||||||
23 | Superintendent of Education that are available through | ||||||
24 | Illinois-accredited private business and vocational | ||||||
25 | schools. Subject to available funds, pupils may apply for | ||||||
26 | reimbursement of up to 100% of tuition costs upon a showing | ||||||
27 | of employment within 6 months after completion of a job or | ||||||
28 | career program. The State Superintendent of Education | ||||||
29 | shall establish, by rule, the qualifications for | ||||||
30 | reimbursement, criteria for determining reimbursement | ||||||
31 | amounts, and limits on reimbursement. | ||||||
32 | (5) Adult education courses that offer preparation for | ||||||
33 | the General Educational Development Test. | ||||||
34 | (d) Graduation incentives programs established by school |
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1 | districts are entitled to claim general State aid, subject to | ||||||
2 | Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. | ||||||
3 | Graduation incentives programs operated by regional offices of | ||||||
4 | education are entitled to receive general State aid at the | ||||||
5 | foundation level of support per pupil enrolled. A school | ||||||
6 | district must ensure that its graduation incentives program | ||||||
7 | receives supplemental general State aid, transportation | ||||||
8 | reimbursements, and special education resources, if | ||||||
9 | appropriate, for students enrolled in the program.
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10 | (Source: P.A. 93-858, eff. 1-1-05.)"; and
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11 | in Section 99, after "law", by inserting ", except that the | ||||||
12 | provisions changing Sections 26-2, 26-8, and 26-16 of the | ||||||
13 | School Code take effect January 1, 2005".
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