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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 11-5-9 as follows: | ||||||
6 | (65 ILCS 5/11-5-9) | ||||||
7 | Sec. 11-5-9. Truants. The corporate authorities of any | ||||||
8 | municipality may adopt ordinances to regulate truants within | ||||||
9 | its jurisdiction. These ordinances may include a graduated fine | ||||||
10 | schedule for repeat violations, which may not exceed $100, or | ||||||
11 | community service, or both, for violators 13 10 years of age or | ||||||
12 | older and may provide for enforcement by citation or through | ||||||
13 | administrative hearings as determined by ordinance. If the | ||||||
14 | violator is under 13 10 years of age, the parent or custodian | ||||||
15 | of the violator is subject to the fine or community service, or | ||||||
16 | both. As used in this Section, "truants" means persons who are | ||||||
17 | within the definition of "truant" in Section 26-2a of the | ||||||
18 | School Code. Local officials or authorities that enforce, | ||||||
19 | prosecute, or adjudicate municipal ordinances adopted under | ||||||
20 | this Section or that work with school districts to address | ||||||
21 | truancy problems are designated as (i) part of the juvenile | ||||||
22 | justice system, established by the Juvenile Court Act of 1987, | ||||||
23 | and (ii) "juvenile authorities" within the definition set forth |
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1 | in subsection (a)(6.5) of Section 10-6 of the Illinois School | ||||||
2 | Student Record Act. Because truancy is a gateway to crime and | ||||||
3 | one of the most powerful predictors of juvenile delinquent | ||||||
4 | behavior, a school district may disclose education records | ||||||
5 | relating to attendance to juvenile authorities if the school | ||||||
6 | district determines that the disclosure will enhance the | ||||||
7 | juvenile justice system's ability to effectively serve, prior | ||||||
8 | to adjudication, the student whose records are released. | ||||||
9 | Enforcement of a municipal ordinance adopted under this Section | ||||||
10 | is pre-adjudicatory because it helps minors avoid adjudicatory | ||||||
11 | hearings under the Juvenile Court Act of 1987. A school | ||||||
12 | district may make a disclosure authorized under this Section | ||||||
13 | only if the juvenile authority certifies in writing to the | ||||||
14 | school district that the information will not be disclosed, | ||||||
15 | without prior written consent of the parent or custodian of the | ||||||
16 | student, to any other individual or entity, except as otherwise | ||||||
17 | provided under State law. A home rule unit may not regulate | ||||||
18 | truants in a manner inconsistent with the provisions of this | ||||||
19 | Section. This Section is a limitation under subsection (i) of | ||||||
20 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
21 | concurrent exercise by home rule units of the powers and | ||||||
22 | functions exercised by the State.
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23 | (Source: P.A. 94-1011, eff. 7-7-06.) |