Full Text of SB2473 101st General Assembly
SB2473sam002 101ST GENERAL ASSEMBLY | Sen. Robert F. Martwick Filed: 3/13/2020
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| 1 | | AMENDMENT TO SENATE BILL 2473
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2473 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 26-1 and 26-2a as follows:
| 6 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| 7 | | Sec. 26-1. Compulsory school age; exemptions. Whoever has | 8 | | custody or control of any child (i) between the ages of 7 and | 9 | | 17
years (unless the child has already graduated from high | 10 | | school) for school years before the 2014-2015 school year or | 11 | | (ii) between the ages
of 6 (on or before September 1) and 17 | 12 | | years (unless the child has already graduated from high school) | 13 | | beginning with the 2014-2015 school year
shall cause such child | 14 | | to attend some public school in the district
wherein the child | 15 | | resides the entire time it is in session during the
regular | 16 | | school term, except as provided in Section 10-19.1, and during |
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| 1 | | a
required summer school program established under Section | 2 | | 10-22.33B; provided,
that
the following children shall not be | 3 | | required to attend the public schools:
| 4 | | 1. Any child attending a private or a parochial school | 5 | | where children
are taught the branches of education taught | 6 | | to children of corresponding
age and grade in the public | 7 | | schools, and where the instruction of the child
in the | 8 | | branches of education is in the English language;
| 9 | | 2. Any child who is physically or mentally unable to | 10 | | attend school, such
disability being certified to the | 11 | | county or district truant officer by a
competent physician | 12 | | licensed in Illinois to practice medicine and surgery in | 13 | | all its branches, a chiropractic physician licensed under | 14 | | the Medical Practice Act of 1987, a licensed advanced | 15 | | practice registered nurse, a licensed physician assistant, | 16 | | or a Christian Science practitioner residing in this
State | 17 | | and listed in the Christian Science Journal; or who is | 18 | | excused for
temporary absence for cause by
the principal or | 19 | | teacher of the school which the child attends , with absence | 20 | | for cause by illness being required to include the mental | 21 | | or behavioral health of the child for up to 5 days for | 22 | | which the child need not provide a medical note, in which | 23 | | case the child shall be given the opportunity to make up | 24 | | any school work missed during the mental or behavioral | 25 | | health absence ; the exemptions
in this paragraph (2) do not | 26 | | apply to any female who is pregnant or the
mother of one or |
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| 1 | | more children, except where a female is unable to attend
| 2 | | school due to a complication arising from her pregnancy and | 3 | | the existence
of such complication is certified to the | 4 | | county or district truant officer
by a competent physician;
| 5 | | 3. Any child necessarily and lawfully employed | 6 | | according to the
provisions of the law regulating child | 7 | | labor may be excused from attendance
at school by the | 8 | | county superintendent of schools or the superintendent of
| 9 | | the public school which the child should be attending, on | 10 | | certification of
the facts by and the recommendation of the | 11 | | school board of the public
school district in which the | 12 | | child resides. In districts having part-time
continuation | 13 | | schools, children so excused shall attend such schools at
| 14 | | least 8 hours each week;
| 15 | | 4. Any child over 12 and under 14 years of age while in | 16 | | attendance at
confirmation classes;
| 17 | | 5. Any child absent from a public school on a | 18 | | particular day or days
or at a particular time of day for | 19 | | the reason that he is unable to attend
classes or to | 20 | | participate in any examination, study or work requirements | 21 | | on
a particular day or days or at a particular time of day, | 22 | | because the tenets
of his religion forbid secular activity | 23 | | on a particular day or days or at a
particular time of day. | 24 | | Each school board shall prescribe rules and
regulations | 25 | | relative to absences for religious holidays including, but | 26 | | not
limited to, a list of religious holidays on which it |
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| 1 | | shall be mandatory to
excuse a child; but nothing in this | 2 | | paragraph 5 shall be construed to limit
the right of any | 3 | | school board, at its discretion, to excuse an absence on
| 4 | | any other day by reason of the observance of a religious | 5 | | holiday. A school
board may require the parent or guardian | 6 | | of a child who is to be excused
from attending school due | 7 | | to the observance of a religious holiday to give
notice, | 8 | | not exceeding 5 days, of the child's absence to the school
| 9 | | principal or other school personnel. Any child excused from | 10 | | attending
school under this paragraph 5 shall not be | 11 | | required to submit a written
excuse for such absence after | 12 | | returning to school; | 13 | | 6. Any child 16 years of age or older who (i) submits | 14 | | to a school district evidence of necessary and lawful | 15 | | employment pursuant to paragraph 3 of this Section and (ii) | 16 | | is enrolled in a graduation incentives program pursuant to | 17 | | Section 26-16 of this Code or an alternative learning | 18 | | opportunities program established pursuant to Article 13B | 19 | | of this Code;
| 20 | | 7. A child in any of grades 6 through 12 absent from a | 21 | | public school on a particular day or days or at a | 22 | | particular time of day for the purpose of sounding "Taps" | 23 | | at a military honors funeral held in this State for a | 24 | | deceased veteran. In order to be excused under this | 25 | | paragraph 7, the student shall notify the school's | 26 | | administration at least 2 days prior to the date of the |
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| 1 | | absence and shall provide the school's administration with | 2 | | the date, time, and location of the military
honors | 3 | | funeral. The school's administration may waive this 2-day | 4 | | notification requirement if the student did not receive at | 5 | | least 2 days advance notice, but the student shall notify | 6 | | the school's administration as soon as possible of the | 7 | | absence. A student whose absence is excused under this | 8 | | paragraph 7 shall be counted as if the student attended | 9 | | school for purposes of calculating the average daily | 10 | | attendance of students in the school district. A student | 11 | | whose absence is excused under this paragraph 7 must be | 12 | | allowed a reasonable time to make up school work missed | 13 | | during the absence. If the student satisfactorily | 14 | | completes the school work, the day of absence shall be | 15 | | counted as a day of compulsory attendance and he or she may | 16 | | not be penalized for that absence; and | 17 | | 8. Any child absent from a public school on a | 18 | | particular day or days or at a particular time of day for | 19 | | the reason that his or her parent or legal guardian is an | 20 | | active duty member of the uniformed services and has been | 21 | | called to duty for, is on leave from, or has immediately | 22 | | returned from deployment to a combat zone or combat-support | 23 | | postings. Such a student shall be granted 5 days of excused | 24 | | absences in any school year and, at the discretion of the | 25 | | school board, additional excused absences to visit the | 26 | | student's parent or legal guardian relative to such leave |
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| 1 | | or deployment of the parent or legal guardian. In the case | 2 | | of excused absences pursuant to this paragraph 8, the | 3 | | student and parent or legal guardian shall be responsible | 4 | | for obtaining assignments from the student's teacher prior | 5 | | to any period of excused absence and for ensuring that such | 6 | | assignments are completed by the student prior to his or | 7 | | her return to school from such period of excused absence. | 8 | | (Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17; | 9 | | 100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff. | 10 | | 8-14-18.)
| 11 | | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) | 12 | | Sec. 26-2a. A "truant" is defined as a child who is subject | 13 | | to compulsory school
attendance and who is absent without valid | 14 | | cause, as defined under this Section, from such attendance for | 15 | | more than 1% but less than 5% of the past 180 school days. | 16 | | "Valid cause" for absence shall be illness , including the | 17 | | mental or behavioral health of the student , observance of a | 18 | | religious
holiday, death in the immediate family,
or family | 19 | | emergency , and shall include such other situations beyond the | 20 | | control
of the student , as determined by the board of education | 21 | | in each district,
or such other circumstances which cause | 22 | | reasonable concern to the parent
for the mental, emotional, or | 23 | | physical health or safety of the student. | 24 | | "Chronic or habitual truant" shall be defined as a child | 25 | | who is subject to compulsory
school attendance and who is |
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| 1 | | absent without valid cause from such attendance
for 5% or more | 2 | | of the previous 180 regular attendance days. | 3 | | "Truant minor" is defined as a chronic truant to whom | 4 | | supportive
services, including prevention, diagnostic, | 5 | | intervention and remedial
services, alternative programs and | 6 | | other school and community resources
have been provided and | 7 | | have failed to result in the cessation of chronic
truancy, or | 8 | | have been offered and refused. | 9 | | A "dropout" is defined as any child enrolled in grades 9 | 10 | | through 12 whose
name has been removed from the district | 11 | | enrollment roster for any reason
other than the student's | 12 | | death, extended illness, removal for medical non-compliance, | 13 | | expulsion, aging out, graduation, or completion of a
program of | 14 | | studies and who has not transferred to another public or | 15 | | private school and is not known to be home-schooled by his or | 16 | | her parents or guardians or continuing school in another | 17 | | country. | 18 | | "Religion" for the purposes of this Article, includes all | 19 | | aspects of
religious observance and practice, as well as | 20 | | belief. | 21 | | (Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18; | 22 | | 101-81, eff. 7-12-19.)".
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