Full Text of SB2197 94th General Assembly
SB2197enr 94TH GENERAL ASSEMBLY
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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 | 5 |
| 5-1078.2 as follows: | 6 |
| (55 ILCS 5/5-1078.2 new) | 7 |
| Sec. 5-1078.2. Truants. A county board may adopt ordinances | 8 |
| to regulate truants within the unincorporated areas of its | 9 |
| 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 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 10 years of age, the parent or custodian of | 15 |
| 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. A home rule unit may not regulate truants in a | 19 |
| manner inconsistent with the provisions of this Section. This | 20 |
| Section is a limitation under subsection (i) of Section 6 of | 21 |
| Article VII of the Illinois Constitution on the concurrent | 22 |
| exercise by home rule units of the powers and functions | 23 |
| exercised by the State. | 24 |
| Section 10. The Illinois Municipal Code is amended by | 25 |
| adding Section 11-5-9 as follows: | 26 |
| (65 ILCS 5/11-5-9 new) | 27 |
| Sec. 11-5-9. Truants. The corporate authorities of any | 28 |
| municipality may adopt ordinances to regulate truants within | 29 |
| its jurisdiction. These ordinances may include a graduated fine | 30 |
| 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 | 2 |
| older and may provide for enforcement by citation or through | 3 |
| administrative hearings as determined by ordinance. If the | 4 |
| violator is under 10 years of age, the parent or custodian of | 5 |
| the violator is subject to the fine or community service, or | 6 |
| both. As used in this Section, "truants" means persons who are | 7 |
| within the definition of "truant" in Section 26-2a of the | 8 |
| School Code. A home rule unit may not regulate truants in a | 9 |
| manner inconsistent with the provisions of this Section. This | 10 |
| Section is a limitation under subsection (i) of Section 6 of | 11 |
| Article VII of the Illinois Constitution on the concurrent | 12 |
| exercise by home rule units of the powers and functions | 13 |
| exercised by the State. | 14 |
| Section 11. The School Code is amended by changing Section | 15 |
| 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 | 19 |
| establish and
implement an Office of Chronic Truant | 20 |
| Adjudication, which shall be responsible
for administratively | 21 |
| adjudicating cases of chronic truancy and imposing
appropriate | 22 |
| sanctions. The board shall appoint or employ hearing officers | 23 |
| to
perform the adjudicatory functions of that Office. | 24 |
| Principals
and other appropriate personnel may refer pupils | 25 |
| suspected of being
chronic truants, as defined in Section 26-2a | 26 |
| of this Code, to the Office of
Chronic Truant Adjudication.
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| (b) Notices. Before any hearing may be held under | 28 |
| subsection (c), the
principal of
the school attended by the | 29 |
| pupil or the principal's designee shall notify the
pupil's | 30 |
| parent or guardian by personal visit, letter, or telephone of | 31 |
| each
unexcused absence of the pupil. After giving the parent or | 32 |
| guardian notice of
the tenth unexcused absence of the pupil, | 33 |
| the principal or the principal's
designee shall send the | 34 |
| pupil's parent or guardian a letter, by certified mail,
return |
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| receipt requested, notifying the parent or guardian that he or | 2 |
| she is
subjecting himself or herself to a hearing procedure as | 3 |
| provided under
subsection (c) and clearly describing any and | 4 |
| all possible penalties that may
be imposed as provided for in | 5 |
| subsections (d) and (e) of this Section.
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| (c) Hearing. Once a pupil has been referred to the Office | 7 |
| of Chronic Truant
Adjudication, a hearing shall be scheduled | 8 |
| before an appointed hearing officer,
and the pupil and the | 9 |
| pupil's parents or guardian shall be notified by
certified | 10 |
| mail, return receipt requested stating the time, place, and | 11 |
| purpose
of the
hearing. The hearing officer shall hold a | 12 |
| hearing and render a written
decision within 14 days | 13 |
| determining whether the pupil is a chronic truant as
defined in | 14 |
| Section 26-2a of this Code and whether the parent or guardian | 15 |
| took
reasonable steps to assure the pupil's attendance at | 16 |
| school. The hearing shall
be private unless a public hearing is | 17 |
| 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 | 19 |
| the pupil's parent or guardian. The board
shall present | 20 |
| evidence of the pupil's truancy, and the pupil and
the parent | 21 |
| or guardian or representative of the pupil may cross examine
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| witnesses,
present witnesses and evidence, and present | 23 |
| defenses to the charges. All
testimony at the hearing shall be | 24 |
| taken under oath administered by the hearing
officer. The | 25 |
| decision of the hearing officer shall constitute an
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| "administrative decision" for purposes of judicial review | 27 |
| under the
Administrative Review Law.
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| (d) Penalties. The hearing officer may require the pupil or | 29 |
| the pupil's
parent or guardian or both the pupil and the | 30 |
| pupil's parent or guardian to do
any or all of the following: | 31 |
| perform reasonable school or community services
for a period | 32 |
| not to exceed 30 days; complete a parenting education program;
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| obtain counseling or other supportive services; and comply with | 34 |
| an
individualized
educational plan or service plan as provided | 35 |
| by appropriate school officials.
If the parent or guardian of | 36 |
| 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
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| not be required to perform services.
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| (e) Non-compliance with sanctions. If a pupil determined by | 4 |
| a hearing
officer to be a chronic truant or the parent or | 5 |
| guardian of the pupil fails to
comply with the sanctions | 6 |
| ordered by the hearing officer under subsection (c)
of this | 7 |
| Section, the Office of Chronic Truant Adjudication may refer | 8 |
| the
matter to the State's Attorney for prosecution under | 9 |
| 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 | 11 |
| shall be construed
to apply to a parent or guardian of a pupil | 12 |
| not required to attend a public
school pursuant to Section | 13 |
| 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 | 16 |
| changing Sections 3-1 and 3-15 and by adding Section 3-33.5 as | 17 |
| 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 | 20 |
| instituted under
this Article concerning boys and girls who | 21 |
| require authoritative intervention
as defined in Section 3-3 or | 22 |
| who are truant minors in need of supervision
as defined in | 23 |
| 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 | 27 |
| person, any
agency or association by its representative may | 28 |
| file, or the court on its
own motion may direct the filing | 29 |
| through the State's Attorney of a petition
in respect to a | 30 |
| 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 | 33 |
| be made
upon information and belief. It shall allege that the |
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| minor
requires authoritative intervention and set forth (a) | 2 |
| 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 | 5 |
| of his
legal guardian or the person or persons having custody | 6 |
| or control of the
minor, or of the nearest known relative if no | 7 |
| parent or guardian can be
found; and (e) if the minor upon | 8 |
| whose behalf the petition is brought is
sheltered in custody, | 9 |
| the date on which shelter care was ordered by the
court or the | 10 |
| date set for a shelter care hearing. If any of the facts
herein | 11 |
| 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 | 14 |
| interests of the
minor and of the public that he be adjudged a | 15 |
| ward of the court and may
pray generally for relief available | 16 |
| under this Act. The petition need
not specify any proposed | 17 |
| disposition following adjudication of wardship.
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| (4) If appointment of a guardian of the person with power | 19 |
| to consent
to adoption of the minor under Section 3-30 is | 20 |
| sought, the petition shall
so state.
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| (5) At any time before dismissal of the petition or before | 22 |
| final
closing and discharge under Section 3-32, one or more | 23 |
| supplemental
petitions may be filed in respect to the same | 24 |
| 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 | 29 |
| the regional superintendent of schools,
or, in cities of over | 30 |
| 500,000 inhabitants, by the Office of Chronic Truant
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| Adjudication, as a chronic truant may be subject to a petition | 32 |
| for adjudication and adjudged a
truant minor in need of | 33 |
| supervision, provided that prior to the filing of the petition, | 34 |
| the office
of the regional superintendent of schools, the | 35 |
| Office of Chronic Truant
Adjudication, or a community truancy |
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| review board certifies that the local school has provided | 2 |
| appropriate truancy intervention services
to the truant minor | 3 |
| and his or her family. For purposes of this Section, "truancy | 4 |
| intervention services"
means services designed to assist the | 5 |
| minor's return to an educational program, and includes but is | 6 |
| not
limited to: assessments, counseling, mental health | 7 |
| services, shelter, optional and alternative education
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| programs, tutoring, and educational advocacy. If, after review | 9 |
| by the regional office of education, the Office of Chronic | 10 |
| Truant
Adjudication, or
community truancy review board it is | 11 |
| determined the local
school did not provide the appropriate | 12 |
| interventions, then the minor shall be referred to a | 13 |
| comprehensive community
based youth service agency for truancy | 14 |
| intervention services. If the comprehensive community based | 15 |
| youth service
agency is incapable to provide intervention | 16 |
| services, then this requirement for services is
not applicable. | 17 |
| The comprehensive community based youth service agency shall | 18 |
| submit reports to the office of the
regional superintendent of | 19 |
| schools, the Office of Chronic Truant
Adjudication, or truancy | 20 |
| review board within 20, 40, and 80 school days of the initial | 21 |
| referral or at any other time requested by the
office of the | 22 |
| regional superintendent of schools, the Office of Chronic | 23 |
| Truant
Adjudication, or truancy review board, which reports | 24 |
| each shall certify the date of the minor's referral and the | 25 |
| extent of the
minor's progress and participation in truancy | 26 |
| intervention services provided by the comprehensive community | 27 |
| based youth service agency. In addition, if, after referral by | 28 |
| the office of the regional superintendent of
schools, the | 29 |
| Office of Chronic Truant
Adjudication, or community truancy | 30 |
| review board, the minor
declines or refuses to fully | 31 |
| participate in truancy intervention services provided by the | 32 |
| comprehensive community based
youth service agency, then the | 33 |
| agency shall immediately certify such facts to the office of | 34 |
| the regional
superintendent of schools, the Office of Chronic | 35 |
| Truant
Adjudication, or community truancy review board. | 36 |
| (a-1) There is a rebuttable presumption that a chronic |
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| truant is a truant
minor in need of supervision. | 2 |
| (a-2) There is a rebuttable presumption that school records | 3 |
| of a minor's
attendance at school are authentic. | 4 |
| (a-3) For purposes of this Section, "chronic truant" means | 5 |
| a minor subject to compulsory school attendance and who is | 6 |
| absent without valid cause from such attendance for 10% or more | 7 |
| 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. | 9 |
| (a-4) For purposes of this Section, a "community truancy | 10 |
| review board" is a local community based board comprised of but | 11 |
| not limited to: representatives from local comprehensive | 12 |
| community based youth service agencies, representatives from | 13 |
| court service agencies, representatives from local schools, | 14 |
| representatives from health service agencies, and | 15 |
| representatives from local professional and community | 16 |
| organizations as deemed appropriate by the office of the | 17 |
| regional superintendent of schools, or, in cities of over | 18 |
| 500,000 inhabitants, by the Office of Chronic Truant
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| Adjudication. The regional superintendent of schools, or, in | 20 |
| cities of over 500,000 inhabitants, the Office of Chronic | 21 |
| Truant
Adjudication, must approve the establishment and | 22 |
| organization of a community truancy review board and the | 23 |
| regional superintendent of schools or his or her designee, or, | 24 |
| in cities of over 500,000 inhabitants, the general | 25 |
| superintendent of schools or his or her designee, shall chair | 26 |
| the board. | 27 |
| (a-5) Nothing in this Section shall be construed to create | 28 |
| a private cause of action or right of recovery against a | 29 |
| regional office of education or the Office of Chronic Truant
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| Adjudication, its superintendent, or its staff with respect to | 31 |
| truancy intervention services where the determination to | 32 |
| provide the services is made in good faith. | 33 |
| (b) Kinds of dispositional orders. A minor found to be a | 34 |
| truant minor
in need of supervision may be: | 35 |
| (1) committed to the appropriate
regional | 36 |
| superintendent of schools for a student assistance team |
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| staffing, a service plan, or referral to a comprehensive | 2 |
| community based youth service agency; | 3 |
| (2) required to comply with a service
plan as | 4 |
| specifically provided by the appropriate regional | 5 |
| superintendent of
schools; | 6 |
| (3) ordered to obtain counseling or other supportive | 7 |
| services; | 8 |
| (4) subject to a fine in an amount in excess of $5, but | 9 |
| not exceeding
$100, and each day of absence without valid | 10 |
| cause as defined in Section 26-2a
of The School Code is a | 11 |
| separate offense; | 12 |
| (5) required to perform some reasonable public service | 13 |
| work such as, but
not limited to, the picking up of litter | 14 |
| in public parks or along public
highways or the maintenance | 15 |
| of public facilities; or | 16 |
| (6) subject to having his or her driver's license or | 17 |
| driving privilege
suspended for a period of time as | 18 |
| determined by the court but only until he
or she attains 18 | 19 |
| years of age. | 20 |
| A dispositional order may include a fine, public service, | 21 |
| or
suspension of a driver's license or privilege only if the | 22 |
| court has made an
express written finding that a truancy | 23 |
| prevention program has been offered by
the school, regional | 24 |
| superintendent of schools, or a comprehensive community based | 25 |
| youth service
agency to the truant minor in need of | 26 |
| supervision. | 27 |
| (c) Orders entered under this Section may be enforced by | 28 |
| 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 | 31 |
| repealing Section 3-33.
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| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law.
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