Full Text of HB6223 96th General Assembly
HB6223ham001 96TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 3/10/2010
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LRB096 14624 MJR 38534 a |
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| AMENDMENT TO HOUSE BILL 6223
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| AMENDMENT NO. ______. Amend House Bill 6223 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Sections | 5 |
| 10-22.18, 26-1, and 26-2 as follows:
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| (105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
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| Sec. 10-22.18. Kindergartens. The To establish | 8 |
| kindergartens for the
instruction of children between the
ages | 9 |
| of 4 and 6 years, if in their judgment the public interest | 10 |
| requires
it, and to pay the necessary expenses thereof out of | 11 |
| the school funds of
the district. Upon petition of at
least 50 | 12 |
| parents or guardians of children
between the ages of 4 and 6, | 13 |
| residing within any school district and within
one mile of the | 14 |
| public school where such kindergarten is proposed to be
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| established, the board of directors must shall, if funds are | 16 |
| available,
establish a kindergarten in connection with the |
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| public school in the district designated in
the petition and | 2 |
| maintain it as long as the annual average daily attendance
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| therein is not less than 15 . The board must may establish a | 4 |
| kindergarten with
half-day attendance or with full-day | 5 |
| attendance. If the board establishes
full-day kindergarten, it | 6 |
| shall also establish half-day kindergarten.
No one shall be | 7 |
| employed to teach in a kindergarten who does not hold a
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| certificate as provided by law.
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| (Source: P.A. 84-1308.)
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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 | 12 |
| custody or control of any child between the ages of 5 7 and 17
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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 | 15 |
| district
wherein the child resides the entire time it is in | 16 |
| session during the
regular school term, except as provided in | 17 |
| Section 10-19.1, and during a
required summer school program | 18 |
| established under Section 10-22.33B; provided,
that
the | 19 |
| following children shall not be required to attend the public | 20 |
| schools:
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| 1. Any child attending a private or a parochial school | 22 |
| where children
are taught the branches of education taught | 23 |
| to children of corresponding
age and grade in the public | 24 |
| schools, and where the instruction of the child
in the | 25 |
| branches of education is in the English language;
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| 2. Any child who is physically or mentally unable to | 2 |
| attend school, such
disability being certified to the | 3 |
| county or district truant officer by a
competent physician | 4 |
| licensed in Illinois to practice medicine and surgery in | 5 |
| all its branches, a chiropractic physician licensed under | 6 |
| the Medical Practice Act of 1987, an advanced practice | 7 |
| nurse who has a written collaborative agreement with a | 8 |
| collaborating physician that authorizes the advanced | 9 |
| practice nurse to perform health examinations, a physician | 10 |
| assistant who has been delegated the authority to perform | 11 |
| health examinations by his or her supervising physician, or | 12 |
| a Christian Science practitioner residing in this
State and | 13 |
| listed in the Christian Science Journal; or who is excused | 14 |
| for
temporary absence for cause by
the principal or teacher | 15 |
| of the school which the child attends; the exemptions
in | 16 |
| this paragraph (2) do not apply to any female who is | 17 |
| pregnant or the
mother of one or more children, except | 18 |
| where a female is unable to attend
school due to a | 19 |
| complication arising from her pregnancy and the existence
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| of such complication is certified to the county or district | 21 |
| truant officer
by a competent physician;
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| 3. Any child necessarily and lawfully employed | 23 |
| according to the
provisions of the law regulating child | 24 |
| labor may be excused from attendance
at school by the | 25 |
| county superintendent of schools or the superintendent of
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| the public school which the child should be attending, on |
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| certification of
the facts by and the recommendation of the | 2 |
| school board of the public
school district in which the | 3 |
| child resides. In districts having part time
continuation | 4 |
| schools, children so excused shall attend such schools at
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| least 8 hours each week;
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| 4. Any child over 12 and under 14 years of age while in | 7 |
| attendance at
confirmation classes;
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| 5. Any child absent from a public school on a | 9 |
| particular day or days
or at a particular time of day for | 10 |
| the reason that he is unable to attend
classes or to | 11 |
| participate in any examination, study or work requirements | 12 |
| on
a particular day or days or at a particular time of day, | 13 |
| because the tenets
of his religion forbid secular activity | 14 |
| on a particular day or days or at a
particular time of day. | 15 |
| Each school board shall prescribe rules and
regulations | 16 |
| relative to absences for religious holidays including, but | 17 |
| not
limited to, a list of religious holidays on which it | 18 |
| shall be mandatory to
excuse a child; but nothing in this | 19 |
| paragraph 5 shall be construed to limit
the right of any | 20 |
| school board, at its discretion, to excuse an absence on
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| any other day by reason of the observance of a religious | 22 |
| holiday. A school
board may require the parent or guardian | 23 |
| of a child who is to be excused
from attending school due | 24 |
| to the observance of a religious holiday to give
notice, | 25 |
| 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 |
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| attending
school under this paragraph 5 shall not be | 2 |
| required to submit a written
excuse for such absence after | 3 |
| returning to school; and | 4 |
| 6. Any child 16 years of age or older who (i) submits | 5 |
| to a school district evidence of necessary and lawful | 6 |
| employment pursuant to paragraph 3 of this Section and (ii) | 7 |
| is enrolled in a graduation incentives program pursuant to | 8 |
| Section 26-16 of this Code or an alternative learning | 9 |
| opportunities program established pursuant to Article 13B | 10 |
| of this Code.
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| (Source: P.A. 96-367, eff. 8-13-09.)
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| (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 13 |
| Sec. 26-2. Enrolled pupils below 5 7 or over 17.
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| (a) Any person having custody or
control of a child who is | 15 |
| below the age of 5 7 years or is 17 years of age or above
and | 16 |
| who is enrolled in any of grades kindergarten through 12
in the | 17 |
| public school shall
cause him to attend the public school in | 18 |
| the district wherein he resides when
it is in session during | 19 |
| the regular school term, unless he is excused under
paragraph | 20 |
| 2, 3, 4, 5, or 6 of Section 26-1.
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| (b) A school district shall deny reenrollment in its | 22 |
| secondary schools
to any
child 19 years of age or above who has | 23 |
| dropped out of school
and who could
not, because of age and | 24 |
| lack of credits, attend classes during the normal
school year | 25 |
| and graduate before his or her twenty-first birthday.
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| district may, however, enroll the child in a graduation | 2 |
| incentives program under Section 26-16 of this Code or an | 3 |
| alternative learning
opportunities program established
under | 4 |
| Article 13B.
No
child shall be denied reenrollment for the | 5 |
| above reasons
unless the school district first offers the child
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| due process as required in cases of expulsion under Section
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| 10-22.6. If a child is denied reenrollment after being provided | 8 |
| with due
process, the school district must provide counseling | 9 |
| to that child and
must direct that child to
alternative | 10 |
| educational
programs, including adult education programs, that | 11 |
| lead to graduation or
receipt of a GED diploma.
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| (c) A school or school district may deny enrollment to a | 13 |
| student 17 years
of age
or older for one semester for failure | 14 |
| to meet minimum academic standards if all
of the
following | 15 |
| conditions are met:
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| (1) The student achieved a grade point average of less | 17 |
| than "D" (or its
equivalent)
in the semester immediately | 18 |
| prior to the current semester.
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| (2) The student and the student's parent or guardian | 20 |
| are given written
notice
warning that the student is | 21 |
| failing academically and is subject to denial from
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| enrollment for one semester unless a "D" average (or its | 23 |
| equivalent) or better
is attained in the
current
semester.
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| (3) The parent or guardian is provided with the right | 25 |
| to appeal the
notice, as
determined by the State Board of | 26 |
| Education in accordance with due process.
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| (4) The student is provided with an academic | 2 |
| improvement plan and academic
remediation services.
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| (5) The student fails to achieve a "D" average (or its | 4 |
| equivalent) or
better in the current
semester.
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| A school or school district may deny enrollment to a | 6 |
| student 17 years of age
or
older for one semester for failure | 7 |
| to meet minimum attendance standards if all
of the
following | 8 |
| conditions are met:
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| (1) The student was absent without valid cause for 20% | 10 |
| or more of the
attendance
days in the semester immediately | 11 |
| prior to the current semester.
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| (2) The student and the student's parent or guardian | 13 |
| are given written
notice
warning that the student is | 14 |
| subject to denial from enrollment for one
semester
unless | 15 |
| the student is absent without valid cause less than 20% of | 16 |
| the
attendance days
in the current semester.
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| (3) The student's parent or guardian is provided with | 18 |
| the right to appeal
the
notice, as determined by the State | 19 |
| Board of Education in accordance with due
process.
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| (4) The student is provided with attendance | 21 |
| remediation services,
including
without limitation | 22 |
| assessment, counseling, and support services.
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| (5) The student is absent without valid cause for 20% | 24 |
| or more of the
attendance
days in the current semester.
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| A school or school district may not deny enrollment to a | 26 |
| student (or
reenrollment
to a dropout) who is at least 17
years |
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| of age or older but below 19
years for more
than one | 2 |
| consecutive semester for failure to meet academic or attendance
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| standards.
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| A school or school district that refuses enrollment to a | 5 |
| student who is at least 17 years of age but below 19 years for | 6 |
| one semester for failure to meet minimum standards must offer | 7 |
| to transfer that student's records to an alternative school. | 8 |
| (d) No child may be denied enrollment or reenrollment under | 9 |
| this
Section in violation
of the Individuals with Disabilities | 10 |
| Education Act or the Americans with
Disabilities Act.
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| (e) In this subsection (e), "reenrolled student" means a | 12 |
| dropout who has
reenrolled
full-time in a public school. Each | 13 |
| school district shall identify, track, and
report on the
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| educational progress and outcomes of reenrolled students as a | 15 |
| subset of the
district's
required reporting on all enrollments.
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| A reenrolled student who again drops out must not be counted | 17 |
| again
against a district's dropout rate performance measure.
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| The State
Board of Education shall set performance standards | 19 |
| for programs serving
reenrolled
students.
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| (f) The State Board of Education shall adopt any rules | 21 |
| necessary to
implement the
changes to this Section made by | 22 |
| Public Act 93-803.
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| (Source: P.A. 95-417, eff. 8-24-07.)
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| Section 99. Effective date. This Act takes effect August 1, | 25 |
| 2015.".
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