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SB2197 Enrolled |
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LRB094 15606 RLC 51341 b |
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| AN ACT concerning truant minors.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by adding Section |
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| 5-1078.2 as follows: |
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| (55 ILCS 5/5-1078.2 new) |
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| Sec. 5-1078.2. Truants. A county board may adopt ordinances |
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| to regulate truants within the unincorporated areas of its |
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| jurisdiction. These ordinances may include a graduated fine |
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| schedule for repeat violations, which may not exceed $100, or |
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| community service, or both, for violators 10 years of age or |
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| older and may provide for enforcement by citation or through |
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| administrative hearings as determined by ordinance. If the |
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| violator is under 10 years of age, the parent or custodian of |
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| the violator is subject to the fine or community service, or |
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| both. As used in this Section, "truants" means persons who are |
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| within the definition of "truant" in Section 26-2a of the |
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| School Code. A home rule unit may not regulate truants in a |
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| manner inconsistent with the provisions of this Section. This |
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| Section is a limitation under subsection (i) of Section 6 of |
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| Article VII of the Illinois Constitution on the concurrent |
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| exercise by home rule units of the powers and functions |
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| exercised by the State. |
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| Section 10. The Illinois Municipal Code is amended by |
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| adding Section 11-5-9 as follows: |
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| (65 ILCS 5/11-5-9 new) |
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| Sec. 11-5-9. Truants. The corporate authorities of any |
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| municipality may adopt ordinances to regulate truants within |
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| its jurisdiction. These ordinances may include a graduated fine |
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| schedule for repeat violations, which may not exceed $100, or |
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LRB094 15606 RLC 51341 b |
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| community service, or both, for violators 10 years of age or |
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| older and may provide for enforcement by citation or through |
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| administrative hearings as determined by ordinance. If the |
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| violator is under 10 years of age, the parent or custodian of |
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| the violator is subject to the fine or community service, or |
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| both. As used in this Section, "truants" means persons who are |
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| within the definition of "truant" in Section 26-2a of the |
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| School Code. A home rule unit may not regulate truants in a |
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| manner inconsistent with the provisions of this Section. This |
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| Section is a limitation under subsection (i) of Section 6 of |
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| Article VII of the Illinois Constitution on the concurrent |
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| exercise by home rule units of the powers and functions |
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| exercised by the State. |
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| Section 11. The School Code is amended by changing Section |
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| 34-4.5 as follows:
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| (105 ILCS 5/34-4.5)
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| Sec. 34-4.5. Chronic truants.
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| (a) Office of Chronic Truant Adjudication. The board shall |
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| establish and
implement an Office of Chronic Truant |
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| Adjudication, which shall be responsible
for administratively |
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| adjudicating cases of chronic truancy and imposing
appropriate |
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| sanctions. The board shall appoint or employ hearing officers |
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| to
perform the adjudicatory functions of that Office. |
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| Principals
and other appropriate personnel may refer pupils |
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| suspected of being
chronic truants, as defined in Section 26-2a |
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| of this Code, to the Office of
Chronic Truant Adjudication.
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| (b) Notices. Before any hearing may be held under |
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| subsection (c), the
principal of
the school attended by the |
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| pupil or the principal's designee shall notify the
pupil's |
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| parent or guardian by personal visit, letter, or telephone of |
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| each
unexcused absence of the pupil. After giving the parent or |
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| guardian notice of
the tenth unexcused absence of the pupil, |
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| the principal or the principal's
designee shall send the |
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| pupil's parent or guardian a letter, by certified mail,
return |
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LRB094 15606 RLC 51341 b |
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| receipt requested, notifying the parent or guardian that he or |
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| she is
subjecting himself or herself to a hearing procedure as |
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| provided under
subsection (c) and clearly describing any and |
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| all possible penalties that may
be imposed as provided for in |
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| subsections (d) and (e) of this Section.
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| (c) Hearing. Once a pupil has been referred to the Office |
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| of Chronic Truant
Adjudication, a hearing shall be scheduled |
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| before an appointed hearing officer,
and the pupil and the |
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| pupil's parents or guardian shall be notified by
certified |
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| mail, return receipt requested stating the time, place, and |
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| purpose
of the
hearing. The hearing officer shall hold a |
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| hearing and render a written
decision within 14 days |
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| determining whether the pupil is a chronic truant as
defined in |
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| Section 26-2a of this Code and whether the parent or guardian |
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| took
reasonable steps to assure the pupil's attendance at |
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| school. The hearing shall
be private unless a public hearing is |
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| requested by the pupil's parent or
guardian, and the pupil may
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| be present at the
hearing with
a representative in addition to |
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| the pupil's parent or guardian. The board
shall present |
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| evidence of the pupil's truancy, and the pupil and
the parent |
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| or guardian or representative of the pupil may cross examine
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| witnesses,
present witnesses and evidence, and present |
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| defenses to the charges. All
testimony at the hearing shall be |
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| taken under oath administered by the hearing
officer. The |
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| decision of the hearing officer shall constitute an
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| "administrative decision" for purposes of judicial review |
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| under the
Administrative Review Law.
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| (d) Penalties. The hearing officer may require the pupil or |
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| the pupil's
parent or guardian or both the pupil and the |
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| pupil's parent or guardian to do
any or all of the following: |
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| perform reasonable school or community services
for a period |
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| not to exceed 30 days; complete a parenting education program;
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| obtain counseling or other supportive services; and comply with |
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| an
individualized
educational plan or service plan as provided |
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| by appropriate school officials.
If the parent or guardian of |
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| the chronic truant shows that he or she
took reasonable steps |
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| to insure attendance of the pupil at school, he or she
shall |
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| not be required to perform services.
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| (e) Non-compliance with sanctions. If a pupil determined by |
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| a hearing
officer to be a chronic truant or the parent or |
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| guardian of the pupil fails to
comply with the sanctions |
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| ordered by the hearing officer under subsection (c)
of this |
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| Section, the Office of Chronic Truant Adjudication may refer |
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| the
matter to the State's Attorney for prosecution under |
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| Section 3-33.5
3-33 of the
Juvenile Court Act of 1987.
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| (f) Limitation on applicability. Nothing in this Section |
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| shall be construed
to apply to a parent or guardian of a pupil |
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| not required to attend a public
school pursuant to Section |
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| 26-1.
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| (Source: P.A. 90-143, eff. 7-23-97; 90-566, eff. 1-2-98.)
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| Section 15. The Juvenile Court Act of 1987 is amended by |
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| changing Sections 3-1 and 3-15 and by adding Section 3-33.5 as |
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| follows:
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| (705 ILCS 405/3-1) (from Ch. 37, par. 803-1)
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| Sec. 3-1. Jurisdictional facts. Proceedings may be |
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| instituted under
this Article concerning boys and girls who |
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| require authoritative intervention
as defined in Section 3-3 or |
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| who are truant minors in need of supervision
as defined in |
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| Section 3-33.5
3-33 .
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| (Source: P.A. 85-1235.)
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| (705 ILCS 405/3-15) (from Ch. 37, par. 803-15)
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| Sec. 3-15. Petition; supplemental petitions. (1) Any adult |
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| person, any
agency or association by its representative may |
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| file, or the court on its
own motion may direct the filing |
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| through the State's Attorney of a petition
in respect to a |
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| minor under this Act. The petition and all subsequent court
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| documents shall be entitled "In the interest of ...., a minor".
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| (2) The petition shall be verified but the statements may |
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| be made
upon information and belief. It shall allege that the |
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LRB094 15606 RLC 51341 b |
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| minor
requires authoritative intervention and set forth (a) |
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| facts sufficient to
bring the minor under Section 3-3 or 3-33.5
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| 3-33 ;
(b) the name, age and residence of the minor; (c) the
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| names and residences of his parents; (d) the name and residence |
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| of his
legal guardian or the person or persons having custody |
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| or control of the
minor, or of the nearest known relative if no |
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| parent or guardian can be
found; and (e) if the minor upon |
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| whose behalf the petition is brought is
sheltered in custody, |
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| the date on which shelter care was ordered by the
court or the |
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| date set for a shelter care hearing. If any of the facts
herein |
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| required are not known by the petitioner, the petition shall so
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| state.
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| (3) The petition must allege that it is in the best |
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| interests of the
minor and of the public that he be adjudged a |
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| ward of the court and may
pray generally for relief available |
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| under this Act. The petition need
not specify any proposed |
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| disposition following adjudication of wardship.
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| (4) If appointment of a guardian of the person with power |
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| to consent
to adoption of the minor under Section 3-30 is |
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| sought, the petition shall
so state.
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| (5) At any time before dismissal of the petition or before |
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| final
closing and discharge under Section 3-32, one or more |
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| supplemental
petitions may be filed in respect to the same |
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| minor.
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| (Source: P.A. 85-1209; 85-1235; 86-1440.)
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| (705 ILCS 405/3-33.5 new)
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| Sec. 3-33.5. Truant minors in need of supervision.
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| (a) Definition. A
minor who is reported by the office of |
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| the regional superintendent of schools,
or, in cities of over |
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| 500,000 inhabitants, by the Office of Chronic Truant
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| Adjudication, as a chronic truant may be subject to a petition |
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| for adjudication and adjudged a
truant minor in need of |
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| supervision, provided that prior to the filing of the petition, |
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| the office
of the regional superintendent of schools, the |
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| Office of Chronic Truant
Adjudication, or a community truancy |
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LRB094 15606 RLC 51341 b |
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| review board certifies that the local school has provided |
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| appropriate truancy intervention services
to the truant minor |
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| and his or her family. For purposes of this Section, "truancy |
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| intervention services"
means services designed to assist the |
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| minor's return to an educational program, and includes but is |
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| not
limited to: assessments, counseling, mental health |
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| services, shelter, optional and alternative education
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| programs, tutoring, and educational advocacy. If, after review |
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| by the regional office of education, the Office of Chronic |
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| Truant
Adjudication, or
community truancy review board it is |
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| determined the local
school did not provide the appropriate |
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| interventions, then the minor shall be referred to a |
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| comprehensive community
based youth service agency for truancy |
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| intervention services. If the comprehensive community based |
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| youth service
agency is incapable to provide intervention |
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| services, then this requirement for services is
not applicable. |
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| The comprehensive community based youth service agency shall |
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| submit reports to the office of the
regional superintendent of |
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| schools, the Office of Chronic Truant
Adjudication, or truancy |
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| review board within 20, 40, and 80 school days of the initial |
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| referral or at any other time requested by the
office of the |
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| regional superintendent of schools, the Office of Chronic |
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| Truant
Adjudication, or truancy review board, which reports |
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| each shall certify the date of the minor's referral and the |
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| extent of the
minor's progress and participation in truancy |
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| intervention services provided by the comprehensive community |
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| based youth service agency. In addition, if, after referral by |
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| the office of the regional superintendent of
schools, the |
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| Office of Chronic Truant
Adjudication, or community truancy |
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| review board, the minor
declines or refuses to fully |
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| participate in truancy intervention services provided by the |
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| comprehensive community based
youth service agency, then the |
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| agency shall immediately certify such facts to the office of |
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| the regional
superintendent of schools, the Office of Chronic |
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| Truant
Adjudication, or community truancy review board. |
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| (a-1) There is a rebuttable presumption that a chronic |
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LRB094 15606 RLC 51341 b |
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| truant is a truant
minor in need of supervision. |
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| (a-2) There is a rebuttable presumption that school records |
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| of a minor's
attendance at school are authentic. |
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| (a-3) For purposes of this Section, "chronic truant" means |
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| a minor subject to compulsory school attendance and who is |
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| absent without valid cause from such attendance for 10% or more |
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| of the previous 180 regular attendance days and has the meaning
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| ascribed to it in Section 26-2a of the School Code. |
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| (a-4) For purposes of this Section, a "community truancy |
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| review board" is a local community based board comprised of but |
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| not limited to: representatives from local comprehensive |
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| community based youth service agencies, representatives from |
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| court service agencies, representatives from local schools, |
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| representatives from health service agencies, and |
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| representatives from local professional and community |
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| organizations as deemed appropriate by the office of the |
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| regional superintendent of schools, or, in cities of over |
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| 500,000 inhabitants, by the Office of Chronic Truant
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| Adjudication. The regional superintendent of schools, or, in |
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| cities of over 500,000 inhabitants, the Office of Chronic |
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| Truant
Adjudication, must approve the establishment and |
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| organization of a community truancy review board and the |
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| regional superintendent of schools or his or her designee, or, |
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| in cities of over 500,000 inhabitants, the general |
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| superintendent of schools or his or her designee, shall chair |
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| the board. |
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| (a-5) Nothing in this Section shall be construed to create |
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| a private cause of action or right of recovery against a |
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| regional office of education or the Office of Chronic Truant
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| Adjudication, its superintendent, or its staff with respect to |
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| truancy intervention services where the determination to |
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| provide the services is made in good faith. |
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| (b) Kinds of dispositional orders. A minor found to be a |
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| truant minor
in need of supervision may be: |
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| (1) committed to the appropriate
regional |
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| superintendent of schools for a student assistance team |
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LRB094 15606 RLC 51341 b |
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| staffing, a service plan, or referral to a comprehensive |
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| community based youth service agency; |
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| (2) required to comply with a service
plan as |
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| specifically provided by the appropriate regional |
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| superintendent of
schools; |
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| (3) ordered to obtain counseling or other supportive |
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| services; |
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| (4) subject to a fine in an amount in excess of $5, but |
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| not exceeding
$100, and each day of absence without valid |
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| cause as defined in Section 26-2a
of The School Code is a |
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| separate offense; |
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| (5) required to perform some reasonable public service |
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| work such as, but
not limited to, the picking up of litter |
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| in public parks or along public
highways or the maintenance |
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| of public facilities; or |
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| (6) subject to having his or her driver's license or |
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| driving privilege
suspended for a period of time as |
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| determined by the court but only until he
or she attains 18 |
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| years of age. |
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| A dispositional order may include a fine, public service, |
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| or
suspension of a driver's license or privilege only if the |
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| court has made an
express written finding that a truancy |
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| prevention program has been offered by
the school, regional |
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| superintendent of schools, or a comprehensive community based |
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| youth service
agency to the truant minor in need of |
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| supervision. |
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| (c) Orders entered under this Section may be enforced by |
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| contempt
proceedings.
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| (705 ILCS 405/3-33 rep.)
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| Section 20. The Juvenile Court Act of 1987 is amended by |
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| repealing Section 3-33.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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