HB0834sam001 93RD GENERAL ASSEMBLY

Sen. J. Bradley Burzynski

Filed: 5/18/2004

09300HB0834sam001 LRB093 05634 MKM 50779 a

AMENDMENT TO HOUSE BILL 834

AMENDMENT NO. ______. Amend House Bill 834 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by adding Section 11-1-8a as follows:

(65 ILCS 5/11-1-8a new)

Sec. 11-1-8a. Agreements with school districts concerning truancy. The corporate authorities of each municipality may enter into agreements and cooperate with a school district for purposes related to the enforcement of the provisions of Article 26 of the School Code.

Section 10. The School Code is amended by changing Sections 26-2a and 26-5 as follows:

(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)

Sec. 26-2a. A "truant" is defined as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof.

"Valid cause" for absence shall be illness, observance of a religious holiday, death in the immediate family, family emergency, and shall include such other situations beyond the control of the student as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent for the safety or health of the student.

"Chronic or habitual truant" shall be defined as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for 10% or more of the previous 180 regular attendance days.

"Truant minor" is defined as a chronic truant to whom supportive services, including prevention, diagnostic, intervention and remedial services, alternative programs and other school and community resources have been provided and have failed to result in the cessation of chronic truancy, or have been offered and refused.

"Truant officer" means any person designated as the truant officer of a school district or a county or any person designated as a truant officer in accordance with an agreement between a municipality and a school district under Section 11-1-8a of the Illinois Municipal Code.

A "dropout" is defined as any child enrolled in grades 1 through 12 whose name has been removed from the district enrollment roster for any reason other than his death, extended illness, graduation or completion of a program of studies and who has not transferred to another public or private school.

"Religion" for the purposes of this Article, includes all aspects of religious observance and practice, as well as belief.

(Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)

(105 ILCS 5/26-5) (from Ch. 122, par. 26-5)

Sec. 26-5. Duties of truant officers.

The truant officer of the school district or any other person designated as a truant officer in accordance with an agreement between a municipality and a school district under Section 11-1-8a of the Illinois Municipal Code, whenever notified by the Superintendent, teacher, or other person of violations of this Article, or the county truant officer, when notified by the County Superintendent, shall investigate all cases of truancy or non-attendance at school in their respective jurisdictions, and if the children complained of are not exempt under the provisions of this Article, the truant officer shall proceed as is provided in this Article. The county truant officer, within the county and the district truant officers, within their respective districts, shall in the exercise of their duties be conservators of the peace and shall keep the same, suppress riots, routs, affray, fighting, breaches of the peace, and prevent crime; and may arrest offenders on view and cause them to be brought before proper officials for trial or examination.

(Source: Laws 1961, p. 31.)

Section 99. Effective date. This Act takes effect upon becoming law.".