093_HB3945

 
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 1        AN ACT regarding education.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Sections 10-20.12, 10-22.18, 26-1, and 26-2 as follows:

 6        (105 ILCS 5/10-20.12) (from Ch. 122, par. 10-20.12)
 7        Sec.  10-20.12.   School  year - School age. To establish
 8    and keep in operation in each year during a school term of at
 9    least  the  minimum  length  required  by  Section  10-19,  a
10    sufficient number of free schools for  the  accommodation  of
11    all  persons  in the district who are 5 years of age or older
12    but under 21 years of age, and to secure for all such persons
13    the right and opportunity  to  an  equal  education  in  such
14    schools;  provided that children who will attain the age of 5
15    years on or before September 1 of the year of  the  1990-1991
16    school term and each school term thereafter may attend school
17    upon the commencement of such term.
18        Based upon an assessment of a child's readiness to attend
19    school, a school district may permit a child to attend school
20    prior  to the dates contained in this Section. Beginning with
21    the 2005-2006 school year, if the parents or  guardian  of  a
22    child  who  is  at least 4 and one-half years of age deems it
23    appropriate  for  the  child  to  attend  school,  a   school
24    district, including a school district organized under Article
25    34, must permit the child to attend school prior to the dates
26    contained in this Section.
27        In  any  school  district operating on a full year school
28    basis children who will attain age 5 within 30 days after the
29    commencement  of  a  term  may   attend   school   upon   the
30    commencement  of  such  term.  The  school  district  may, by
31    resolution of its board, allow for a full year school plan.
 
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 1    (Source: P.A. 87-359.)

 2        (105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
 3        Sec. 10-22.18.  Kindergartens. To establish kindergartens
 4    for the instruction of children between the ages of 4  and  6
 5    years,  if in their judgment the public interest requires it,
 6    and to pay the necessary expenses thereof out of  the  school
 7    funds  of the district.  Upon petition of at least 50 parents
 8    or guardians of  children  between  the  ages  of  4  and  6,
 9    residing  within  any  school district and within one mile of
10    the public school where such kindergarten is proposed  to  be
11    established,  the  board  of  directors  shall,  if funds are
12    available, establish a kindergarten in  connection  with  the
13    public  school  designated in the petition and maintain it as
14    long as the annual average daily attendance  therein  is  not
15    less  than  15.  The  board may establish a kindergarten with
16    half-day attendance or  with  full-day  attendance.   If  the
17    board   establishes  full-day  kindergarten,  it  shall  also
18    establish half-day kindergarten.   No one shall  be  employed
19    to teach in a kindergarten who does not hold a certificate as
20    provided by law.
21        Beginning  with  the  2005-2006  school year, each school
22    district, including a school district organized under Article
23    34,  must  establish  kindergarten  for  the  instruction  of
24    children who are 5 years of age or older.
25    (Source: P.A. 84-1308.)

26        (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
27        Sec. 26-1.  Compulsory school age-Exemptions. Whoever has
28    custody or control of any child (i) between the ages of 7 and
29    16 years for school years before the 2005-2006 school year or
30    (ii) between the ages of 5 and  16  years  for  school  years
31    after  the  2004-2005  school  year shall cause such child to
32    attend some public school in the district wherein  the  child
 
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 1    resides  the  entire time it is in session during the regular
 2    school term, except  as  provided  in  Section  10-19.1,  and
 3    during  a  required  summer  school program established under
 4    Section 10-22.33B;  provided,  that  the  following  children
 5    shall not be required to attend the public schools:
 6        1.  Any  child  attending a private or a parochial school
 7    where children are taught the branches of education taught to
 8    children  of  corresponding  age  and  grade  in  the  public
 9    schools, and where  the  instruction  of  the  child  in  the
10    branches of education is in the English language;
11        2.  Any  child  who  is  physically or mentally unable to
12    attend school, such disability being certified to the  county
13    or  district  truant  officer  by  a competent physician or a
14    Christian Science practitioner residing  in  this  State  and
15    listed  in  the  Christian Science Journal; or who is excused
16    for temporary absence for cause by the principal  or  teacher
17    of the school which the child attends; the exemptions in this
18    paragraph  (2)  do not apply to any female who is pregnant or
19    the mother of one or more children, except where a female  is
20    unable  to  attend  school due to a complication arising from
21    her pregnancy and  the  existence  of  such  complication  is
22    certified  to  the  county  or  district  truant officer by a
23    competent physician;
24        3.  Any child necessarily and lawfully employed according
25    to the provisions of the law regulating child  labor  may  be
26    excused   from   attendance   at   school   by   the   county
27    superintendent of schools or the superintendent of the public
28    school  which the child should be attending, on certification
29    of the facts by and the recommendation of the school board of
30    the public school district in which  the  child  resides.  In
31    districts  having part time continuation schools, children so
32    excused shall attend such schools at least 8 hours each week;
33        4.  Any child over 12 and under 14 years of age while  in
34    attendance at confirmation classes;
 
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 1        5.  Any child absent from a public school on a particular
 2    day  or  days  or  at a particular time of day for the reason
 3    that he is unable to attend classes or to participate in  any
 4    examination,  study  or work requirements on a particular day
 5    or days or at a particular time of day, because the tenets of
 6    his religion forbid secular activity on a particular  day  or
 7    days or at a particular time of day.  Each school board shall
 8    prescribe  rules  and  regulations  relative  to absences for
 9    religious holidays including, but not limited to, a  list  of
10    religious holidays on which it shall be mandatory to excuse a
11    child;  but nothing in this paragraph 5 shall be construed to
12    limit the right of any school board, at  its  discretion,  to
13    excuse  an  absence  on  any  other  day  by  reason  of  the
14    observance  of  a  religious  holiday.   A  school  board may
15    require the parent or guardian  of  a  child  who  is  to  be
16    excused  from  attending  school  due  to the observance of a
17    religious holiday to give notice, not exceeding  5  days,  of
18    the  child's  absence to the school principal or other school
19    personnel.  Any child excused  from  attending  school  under
20    this  paragraph  5  shall not be required to submit a written
21    excuse for such absence after returning to school.
22    (Source: P.A. 89-610, eff. 8-6-96.)

23        (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
24        Sec. 26-2.  Enrolled pupils not of compulsory school  age
25    below  7  or  over  16. For school years before the 2005-2006
26    school year, any person having custody or control of a  child
27    who  is below the age of 7 years or above the age of 16 years
28    and who is enrolled in any of grades 1  through  12,  in  the
29    public  school shall cause him to attend the public school in
30    the district wherein he resides when it is in session  during
31    the regular school term unless he is excused under paragraphs
32    2,  3,  4  or  5  of Section 26-1. For school years after the
33    2004-2005 school year, any person having custody  or  control
 
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 1    of  a  child who is below the age of 5 years or above the age
 2    of 16 years and who is enrolled in any of grades kindergarten
 3    through 12 in the public school  shall  cause  the  child  to
 4    attend  the  public  school in the district wherein he or she
 5    resides when it is in session during the regular school  term
 6    unless the child is excused under paragraphs 2, 3, 4, or 5 of
 7    Section 26-1 of this Code.
 8        A   school   district  shall  deny  reenrollment  in  its
 9    secondary schools to any child above the age of 16 years  who
10    has  dropped  out of school and who could not, because of age
11    and lack of credits, attend classes during the normal  school
12    year  and graduate before his or her twenty-first birthday. A
13    district may, however, enroll the  child  in  an  alternative
14    learning opportunities program established under Article 13B.
15    No  child  shall be denied reenrollment for the above reasons
16    unless the school district first offers the child due process
17    as required in cases of expulsion under Section 10-22.6.   If
18    a  child is denied reenrollment after being provided with due
19    process, the school district must provide counseling to  that
20    child  and  must direct that child to alternative educational
21    programs, including adult education programs,  that  lead  to
22    graduation  or  receipt  of  a  GED diploma.  No child may be
23    denied reenrollment in  violation  of  the  Individuals  with
24    Disabilities Education Act or the Americans with Disabilities
25    Act.
26    (Source: P.A. 92-42, eff. 1-1-02.)