Full Text of SB2918 93rd General Assembly
SB2918 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2918
Introduced 2/6/2004, by Miguel del Valle SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/26-1 |
from Ch. 122, par. 26-1 |
105 ILCS 5/26-2 |
from Ch. 122, par. 26-2 |
105 ILCS 5/26-7 |
from Ch. 122, par. 26-7 |
105 ILCS 5/26-8 |
from Ch. 122, par. 26-8 |
105 ILCS 5/26-14 |
from Ch. 122, par. 26-14 |
105 ILCS 5/26-16 new |
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Amends the School Code. Increases the compulsory school age from 16 to 17 years of age, with exceptions. Provides that certain provisions that apply to truant officers apply to the regional superintendent of schools or his or her designee in a school district that does not have a truant officer. Makes changes concerning the compliance procedure for persons who fail to send a child to school. Allows certain students to enroll in graduation incentives programs. Lists programs that qualify as graduation incentives programs. Provides for reimbursement and funding for programs.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2918 |
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LRB093 20961 NHT 46945 b |
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| AN ACT concerning education.
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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 School Code is amended by changing Sections | 5 |
| 26-1, 26-2, 26-7, 26-8, and 26-14 and by adding Section 26-16 | 6 |
| as follows:
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| (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
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| Sec. 26-1. Compulsory school age-Exemptions. Whoever has | 9 |
| custody or control of any child between the ages of 7 and 17
16
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| years (unless the child has already graduated from high school)
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| shall cause such child to attend some public school in the | 12 |
| district
wherein the child resides the entire time it is in | 13 |
| session during the
regular school term, except as provided in | 14 |
| Section 10-19.1, and during a
required summer school program | 15 |
| established under Section 10-22.33B; provided,
that
the | 16 |
| following children shall not be required to attend the public | 17 |
| schools:
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| 1. Any child attending a private or a parochial school | 19 |
| where children
are taught the branches of education taught to | 20 |
| children of corresponding
age and grade in the public schools, | 21 |
| and where the instruction of the child
in the branches of | 22 |
| education is in the English language;
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| 2. Any child who is physically or mentally unable to attend | 24 |
| school, such
disability being certified to the county or | 25 |
| district truant officer by a
competent physician or a Christian | 26 |
| Science practitioner residing in this
State and listed in the | 27 |
| Christian Science Journal; or who is excused for
temporary | 28 |
| absence for cause by
the principal or teacher of the school | 29 |
| which the child attends; the exemptions
in this paragraph (2) | 30 |
| do not apply to any female who is pregnant or the
mother of one | 31 |
| or more children, except where a female is unable to attend
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| school due to a complication arising from her pregnancy and the |
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| existence
of such complication is certified to the county or | 2 |
| district truant officer
by a competent physician;
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| 3. Any child necessarily and lawfully employed according to | 4 |
| the
provisions of the law regulating child labor may be excused | 5 |
| from attendance
at school by the county superintendent of | 6 |
| schools or the superintendent of
the public school which the | 7 |
| child should be attending, on certification of
the facts by and | 8 |
| the recommendation of the school board of the public
school | 9 |
| district in which the child resides. In districts having part | 10 |
| time
continuation schools, children so excused shall attend | 11 |
| such schools at
least 8 hours each week;
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| 4. Any child over 12 and under 14 years of age while in | 13 |
| attendance at
confirmation classes;
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| 5. Any child absent from a public school on a particular | 15 |
| day or days
or at a particular time of day for the reason that | 16 |
| he is unable to attend
classes or to participate in any | 17 |
| examination, study or work requirements on
a particular day or | 18 |
| days or at a particular time of day, because the tenets
of his | 19 |
| religion forbid secular activity on a particular day or days or | 20 |
| at a
particular time of day. Each school board shall prescribe | 21 |
| rules and
regulations relative to absences for religious | 22 |
| holidays including, but not
limited to, a list of religious | 23 |
| holidays on which it shall be mandatory to
excuse a child; but | 24 |
| nothing in this paragraph 5 shall be construed to limit
the | 25 |
| right of any school board, at its discretion, to excuse an | 26 |
| absence on
any other day by reason of the observance of a | 27 |
| religious holiday. A school
board may require the parent or | 28 |
| guardian of a child who is to be excused
from attending school | 29 |
| due to the observance of a religious holiday to give
notice, | 30 |
| not exceeding 5 days, of the child's absence to the school
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| principal or other school personnel. Any child excused from | 32 |
| attending
school under this paragraph 5 shall not be required | 33 |
| to submit a written
excuse for such absence after returning to | 34 |
| school ; and . | 35 |
| 6. Any child 16 years of age or older who (i) submits to a | 36 |
| school district evidence of necessary and lawful employment |
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| pursuant to paragraph 3 of this Section, (ii) has already met | 2 |
| graduation requirements in accordance with State Board of | 3 |
| Education rules, and (iii) is enrolled in a graduation | 4 |
| incentives program pursuant to Section 26-16 of this Code or an | 5 |
| alternative learning opportunities program established | 6 |
| pursuant to Article 13B of this Code.
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| (Source: P.A. 89-610, eff. 8-6-96.)
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| (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
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| Sec. 26-2. Enrolled pupils below 7 or over 17
16 . Any | 10 |
| person having custody or
control of a child who is below the | 11 |
| age of 7 years or is 17 years of age or above the age of 16 | 12 |
| years
and who is enrolled in any of grades 1 through 12 , in the | 13 |
| public school shall
cause him to attend the public school in | 14 |
| the district wherein he resides when
it is in session during | 15 |
| the regular school term , unless he is excused under
paragraph
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| paragraphs 2, 3, 4 ,
or 5 , or 6 of Section 26-1.
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| A school district shall deny reenrollment in its secondary | 18 |
| schools to any
child 17 years of age or above the age of 16 | 19 |
| years who has dropped out of school
and who could
not, because | 20 |
| of age and lack of credits, attend classes during the normal
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| school year and graduate before his or her twenty-first | 22 |
| birthday.
A district may, however, enroll the child in a | 23 |
| graduation incentives program under Section 26-16 of this Code | 24 |
| or an alternative learning
opportunities program established
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| under Article 13B.
No
child shall be denied reenrollment for | 26 |
| the above reasons
unless the school district first offers the | 27 |
| child
due process as required in cases of expulsion under | 28 |
| Section
10-22.6. If a child is denied reenrollment after being | 29 |
| provided with due
process, the school district must provide | 30 |
| counseling to that child and
must direct that child to
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| alternative educational
programs, including adult education | 32 |
| programs, that lead to graduation or
receipt of a GED diploma. | 33 |
| No child may be denied reenrollment in violation
of the | 34 |
| Individuals with Disabilities Education Act or the Americans | 35 |
| with
Disabilities Act.
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| (Source: P.A. 92-42, eff. 1-1-02.)
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| (105 ILCS 5/26-7) (from Ch. 122, par. 26-7)
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| Sec. 26-7. Notice
to custodian-Notice of non-compliance. | 4 |
| If any person fails to send any child under his custody or | 5 |
| control to
some lawful school , the truant officer or, in a | 6 |
| school district that does not have a truant officer, the | 7 |
| regional superintendent of schools or his or her designee
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| shall, as soon as practicable after
he is notified thereof, | 9 |
| give notice in person or by mail to such person
that such child | 10 |
| shall be present at the proper public school on the day
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| following the receipt of such notice. The notice shall state | 12 |
| the date that
attendance at school must begin and that such | 13 |
| attendance must be continuous
and consecutive in the district | 14 |
| during the remainder of the school year.
The truant officer or, | 15 |
| in a school district that does not have a truant officer, the | 16 |
| regional superintendent of schools or his or her designee shall | 17 |
| at the same time that such notice is given notify
the teacher | 18 |
| or superintendent of the proper public school thereof and the
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| teacher or superintendent shall notify the truant officer or | 20 |
| regional superintendent of schools of any
non-compliance | 21 |
| therewith.
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| (Source: Laws 1961, p. 31.)
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| (105 ILCS 5/26-8) (from Ch. 122, par. 26-8)
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| Sec. 26-8. Determination as to compliance - Complaint in | 25 |
| circuit court. )
A truant officer or, in a school district that | 26 |
| does not have a truant officer, the regional superintendent of | 27 |
| schools or his or her designee,
All Truant officers after | 28 |
| giving the notice provided in Section 26-7 , shall
determine | 29 |
| whether the notice has been complied with. If 3 notices have | 30 |
| been given and the notices have
the notice has not
been | 31 |
| complied with, and if the persons having custody or control | 32 |
| have knowingly
and wilfully permitted the truant behavior to | 33 |
| continue, the regional superintendent of schools, or his or her | 34 |
| designee, of the school district where the child resides shall |
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| conduct a truancy hearing. If the regional superintendent | 2 |
| determines as a result of the hearing that the child is truant, | 3 |
| the regional superintendent shall require the student to | 4 |
| complete 20 to 40 hours of community service over a period of | 5 |
| 90 days. If the truancy persists, the regional superintendent | 6 |
| shall (i) make complaint against the persons having custody or | 7 |
| control
truant officer
shall thereupon make complaint against | 8 |
| such person to the state's
attorney or in the circuit court in | 9 |
| the county where such person resides
for failure to comply with | 10 |
| the provisions of this Article or (ii) conduct truancy | 11 |
| mediation and encourage the student to enroll in a graduation | 12 |
| incentives program under Section 26-16 of this Code . If, | 13 |
| however,
after giving the notice provided in Section 26-7 the | 14 |
| truant behavior has
continued, and the child is beyond the | 15 |
| control of the parents, guardians
or custodians, a truancy | 16 |
| petition shall be filed under the provisions of
Article III of | 17 |
| the Juvenile Court Act of 1987.
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| (Source: P.A. 85-1209.)
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| (105 ILCS 5/26-14) (from Ch. 122, par. 26-14)
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| Sec. 26-14. Truancy programs for dropouts. Any dropout, as | 21 |
| defined in
Section 26-2a, who is 17
whose age is 16 or greater, | 22 |
| but less than 18 years of age ,
may apply to a school district
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| for status as a truant, and the school district shall permit | 24 |
| such person to
participate in the district's various programs | 25 |
| and resources for truants.
At the time of the person's | 26 |
| application, the district may request
documentation of his | 27 |
| dropout status for the previous 6 months.
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| (Source: P.A. 85-629 .)
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| (105 ILCS 5/26-16 new) | 30 |
| Sec. 26-16. Graduation incentives program.
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| (a) The General Assembly finds that it is critical to | 32 |
| provide options for children to succeed in school. The purpose | 33 |
| of this Section is to provide incentives for and encourage all | 34 |
| Illinois students who have experienced or are experiencing |
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| difficulty in the traditional education system to enroll in | 2 |
| alternative programs. | 3 |
| (b) Any student who is no more than 18 years of age is | 4 |
| eligible to enroll in a graduation incentives program if he or | 5 |
| she: | 6 |
| (1) is considered a dropout pursuant to Section 26-2a | 7 |
| of this Code; | 8 |
| (2) is considered a truant or habitual truant pursuant | 9 |
| to Section 26-2a of
this Code; | 10 |
| (3) has been suspended or expelled pursuant to Section | 11 |
| 10-22.6 or 34-19 of
this Code; | 12 |
| (4) performs substantially below the performance level | 13 |
| for students of the same age on State achievement tests; | 14 |
| (5) is pregnant or is a parent; | 15 |
| (6) has been assessed as chemically dependent; or | 16 |
| (7) is enrolled in a bilingual education or LEP | 17 |
| program. | 18 |
| (c) The following programs qualify as graduation | 19 |
| incentives programs for students meeting the criteria | 20 |
| established in this Section: | 21 |
| (1) Any public elementary or secondary education | 22 |
| graduation incentives program established by a school | 23 |
| district or by a regional office of education. | 24 |
| (2) Any alternative learning opportunities program | 25 |
| established pursuant to Article 13B of this Code. | 26 |
| (3) Vocational or job training courses approved by the | 27 |
| State Superintendent of Education that are available | 28 |
| through the Illinois public community college system. | 29 |
| Students may apply for reimbursement of 50% of tuition | 30 |
| costs for one course per semester or a maximum of 3 courses | 31 |
| per school year. Subject to available funds, students may | 32 |
| apply for reimbursement of up to 100% of tuition costs upon | 33 |
| a showing of employment within 6 months after completion of | 34 |
| a vocational or job training program. The qualifications | 35 |
| for reimbursement shall be established by the State | 36 |
| Superintendent of Education by rule. |
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| (4) Job and career programs approved by the State | 2 |
| Superintendent of Education that are available through | 3 |
| Illinois-accredited private business and vocational | 4 |
| schools. Subject to available funds, pupils may apply for | 5 |
| reimbursement of up to 100% of tuition costs upon a showing | 6 |
| of employment within 6 months after completion of a job or | 7 |
| career program. The State Superintendent of Education | 8 |
| shall establish, by rule, the qualifications for | 9 |
| reimbursement, criteria for determining reimbursement | 10 |
| amounts, and limits on reimbursement. | 11 |
| (5) Adult education courses that offer preparation for | 12 |
| the General Educational Development Test. | 13 |
| (d) Graduation incentives programs established by school | 14 |
| districts are entitled to claim general State aid, subject to | 15 |
| Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. | 16 |
| Graduation incentives programs operated by regional offices of | 17 |
| education are entitled to receive general State aid at the | 18 |
| foundation level of support per pupil enrolled. A school | 19 |
| district must ensure that its graduation incentives program | 20 |
| receives supplemental general State aid, transportation | 21 |
| reimbursements, and special education resources, if | 22 |
| appropriate, for students enrolled in the program.
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