Full Text of HB0576 102nd General Assembly
HB0576sam001 102ND GENERAL ASSEMBLY | Sen. Robert F. Martwick Filed: 5/19/2021
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| 1 | | AMENDMENT TO HOUSE BILL 576
| 2 | | AMENDMENT NO. ______. Amend House Bill 576 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 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 | 13 | | school) beginning with the 2014-2015 school year
shall cause | 14 | | such child to attend some public school in the district
| 15 | | wherein the child resides the entire time it is in session | 16 | | during the
regular school term, except as provided in Section |
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| 1 | | 10-19.1, and during a
required summer school program | 2 | | established under Section 10-22.33B; provided,
that
the | 3 | | following children shall not be required to attend the public | 4 | | schools:
| 5 | | 1. Any child attending a private or a parochial school | 6 | | where children
are taught the branches of education taught | 7 | | to children of corresponding
age and grade in the public | 8 | | schools, and where the instruction of the child
in the | 9 | | branches of education is in the English language;
| 10 | | 2. Any child who is physically or mentally unable to | 11 | | attend school, such
disability being certified to the | 12 | | county or district truant officer by a
competent physician | 13 | | licensed in Illinois to practice medicine and surgery in | 14 | | all its branches, a chiropractic physician licensed under | 15 | | the Medical Practice Act of 1987, a licensed advanced | 16 | | practice registered nurse, a licensed physician assistant, | 17 | | or a Christian Science practitioner residing in this
State | 18 | | and listed in the Christian Science Journal; or who is | 19 | | excused for
temporary absence for cause by
the principal | 20 | | or teacher of the school which the child attends , with | 21 | | absence for cause by illness being required to include the | 22 | | mental or behavioral health of the child for up to 5 days | 23 | | for which the child need not provide a medical note, in | 24 | | which case the child shall be given the opportunity to | 25 | | make up any school work missed during the mental or | 26 | | behavioral health absence and, after the second mental |
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| 1 | | health day used, may be referred to the appropriate school | 2 | | support personnel ; the exemptions
in this paragraph (2) do | 3 | | not apply to any female who is pregnant or the
mother of | 4 | | one or more children, except where a female is unable to | 5 | | attend
school due to a complication arising from her | 6 | | pregnancy and the existence
of such complication is | 7 | | certified to the county or district truant officer
by a | 8 | | competent physician;
| 9 | | 3. Any child necessarily and lawfully employed | 10 | | according to the
provisions of the law regulating child | 11 | | labor may be excused from attendance
at school by the | 12 | | county superintendent of schools or the superintendent of
| 13 | | the public school which the child should be attending, on | 14 | | certification of
the facts by and the recommendation of | 15 | | the school board of the public
school district in which | 16 | | the child resides. In districts having part-time
| 17 | | continuation schools, children so excused shall attend | 18 | | such schools at
least 8 hours each week;
| 19 | | 4. Any child over 12 and under 14 years of age while in | 20 | | attendance at
confirmation classes;
| 21 | | 5. Any child absent from a public school on a | 22 | | particular day or days
or at a particular time of day for | 23 | | the reason that he is unable to attend
classes or to | 24 | | participate in any examination, study or work requirements | 25 | | on
a particular day or days or at a particular time of day, | 26 | | because the tenets
of his religion forbid secular activity |
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| 1 | | on a particular day or days or at a
particular time of day. | 2 | | Each school board shall prescribe rules and
regulations | 3 | | relative to absences for religious holidays including, but | 4 | | not
limited to, a list of religious holidays on which it | 5 | | shall be mandatory to
excuse a child; but nothing in this | 6 | | paragraph 5 shall be construed to limit
the right of any | 7 | | school board, at its discretion, to excuse an absence on
| 8 | | any other day by reason of the observance of a religious | 9 | | holiday. A school
board may require the parent or guardian | 10 | | of a child who is to be excused
from attending school due | 11 | | to the observance of a religious holiday to give
notice, | 12 | | not exceeding 5 days, of the child's absence to the school
| 13 | | principal or other school personnel. Any child excused | 14 | | from attending
school under this paragraph 5 shall not be | 15 | | required to submit a written
excuse for such absence after | 16 | | returning to school; | 17 | | 6. Any child 16 years of age or older who (i) submits | 18 | | to a school district evidence of necessary and lawful | 19 | | employment pursuant to paragraph 3 of this Section and | 20 | | (ii) is enrolled in a graduation incentives program | 21 | | pursuant to Section 26-16 of this Code or an alternative | 22 | | learning opportunities program established pursuant to | 23 | | Article 13B of this Code;
| 24 | | 7. A child in any of grades 6 through 12 absent from a | 25 | | public school on a particular day or days or at a | 26 | | particular time of day for the purpose of sounding "Taps" |
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| 1 | | at a military honors funeral held in this State for a | 2 | | deceased veteran. In order to be excused under this | 3 | | paragraph 7, the student shall notify the school's | 4 | | administration at least 2 days prior to the date of the | 5 | | absence and shall provide the school's administration with | 6 | | the date, time, and location of the military
honors | 7 | | funeral. The school's administration may waive this 2-day | 8 | | notification requirement if the student did not receive at | 9 | | least 2 days advance notice, but the student shall notify | 10 | | the school's administration as soon as possible of the | 11 | | absence. A student whose absence is excused under this | 12 | | paragraph 7 shall be counted as if the student attended | 13 | | school for purposes of calculating the average daily | 14 | | attendance of students in the school district. A student | 15 | | whose absence is excused under this paragraph 7 must be | 16 | | allowed a reasonable time to make up school work missed | 17 | | during the absence. If the student satisfactorily | 18 | | completes the school work, the day of absence shall be | 19 | | counted as a day of compulsory attendance and he or she may | 20 | | not be penalized for that absence; and | 21 | | 8. Any child absent from a public school on a | 22 | | particular day or days or at a particular time of day for | 23 | | the reason that his or her parent or legal guardian is an | 24 | | active duty member of the uniformed services and has been | 25 | | called to duty for, is on leave from, or has immediately | 26 | | returned from deployment to a combat zone or |
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| 1 | | combat-support postings. Such a student shall be granted 5 | 2 | | days of excused absences in any school year and, at the | 3 | | discretion of the school board, additional excused | 4 | | absences to visit the student's parent or legal guardian | 5 | | relative to such leave or deployment of the parent or | 6 | | legal guardian. In the case of excused absences pursuant | 7 | | to this paragraph 8, the student and parent or legal | 8 | | guardian shall be responsible for obtaining assignments | 9 | | from the student's teacher prior to any period of excused | 10 | | absence and for ensuring that such assignments are | 11 | | completed by the student prior to his or her return to | 12 | | school from such period of excused absence. | 13 | | (Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17; | 14 | | 100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff. | 15 | | 8-14-18.)
| 16 | | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) | 17 | | Sec. 26-2a. A "truant" is defined as a child who is subject | 18 | | to compulsory school
attendance and who is absent without | 19 | | valid cause, as defined under this Section, from such | 20 | | attendance for more than 1% but less than 5% of the past 180 | 21 | | school days. | 22 | | "Valid cause" for absence shall be illness , including the | 23 | | mental or behavioral health of the student , observance of a | 24 | | religious
holiday, death in the immediate family,
or family | 25 | | emergency , and shall include such other situations beyond the |
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| 1 | | control
of the student , as determined by the board of | 2 | | education in each district,
or such other circumstances which | 3 | | cause reasonable concern to the parent
for the mental, | 4 | | emotional, or physical health or safety of the student. | 5 | | "Chronic or habitual truant" shall be defined as a child | 6 | | who is subject to compulsory
school attendance and who is | 7 | | absent without valid cause from such attendance
for 5% or more | 8 | | of the previous 180 regular attendance days. | 9 | | "Truant minor" is defined as a chronic truant to whom | 10 | | supportive
services, including prevention, diagnostic, | 11 | | intervention and remedial
services, alternative programs and | 12 | | other school and community resources
have been provided and | 13 | | have failed to result in the cessation of chronic
truancy, or | 14 | | have been offered and refused. | 15 | | A "dropout" is defined as any child enrolled in grades 9 | 16 | | through 12 whose
name has been removed from the district | 17 | | enrollment roster for any reason
other than the student's | 18 | | death, extended illness, removal for medical non-compliance, | 19 | | expulsion, aging out, graduation, or completion of a
program | 20 | | of studies and who has not transferred to another public or | 21 | | private school and is not known to be home-schooled by his or | 22 | | her parents or guardians or continuing school in another | 23 | | country. | 24 | | "Religion" for the purposes of this Article, includes all | 25 | | aspects of
religious observance and practice, as well as | 26 | | belief. |
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| 1 | | (Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18; | 2 | | 101-81, eff. 7-12-19.)".
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