Full Text of HB5488 102nd General Assembly
HB5488sam001 102ND GENERAL ASSEMBLY | Sen. Mattie Hunter Filed: 4/6/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5488
| 2 | | AMENDMENT NO. ______. Amend House Bill 5488 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, 26-2, 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 | 25 | | requirements on
a particular day or days or at a | 26 | | particular time of day because of religious reasons, |
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| 1 | | including the observance of a religious holiday or | 2 | | participation in religious instruction, or because the | 3 | | tenets
of his religion forbid secular activity on a | 4 | | particular day or days or at a
particular time of day. A | 5 | | school
board may require the parent or guardian of a child | 6 | | who is to be excused
from attending school because of | 7 | | religious reasons to give
notice, not exceeding 5 days, of | 8 | | the child's absence to the school
principal or other | 9 | | school personnel. Any child excused from attending
school | 10 | | under this paragraph 5 shall not be required to submit a | 11 | | written
excuse for such absence after returning to school. | 12 | | A district superintendent shall develop and distribute to | 13 | | schools appropriate procedures regarding a student's | 14 | | absence for religious reasons, how schools are notified of | 15 | | a student's impending absence for religious reasons, and | 16 | | the requirements of Section 26-2b of this Code; | 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 | | Any child from a public middle school or high school, | 14 | | subject to guidelines established by the State Board of | 15 | | Education, shall be permitted by a school board one school | 16 | | day-long excused absence per school year for the child who is | 17 | | absent from school to engage in a civic event. The school board | 18 | | may require that the student provide reasonable advance notice | 19 | | of the intended absence to the appropriate school | 20 | | administrator and require that the student provide | 21 | | documentation of participation in a civic event to the | 22 | | appropriate school administrator. | 23 | | (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; | 24 | | 102-406, eff. 8-19-21; revised 9-28-21.)
| 25 | | (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) |
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| 1 | | Sec. 26-2. Enrolled pupils not of compulsory school age.
| 2 | | (a) Any For school years before the 2014-2015 school year, | 3 | | any person having custody or
control of a child who is below | 4 | | the age of 7 years or is 17 years of age or above
and who is | 5 | | enrolled in any of grades kindergarten through 12
in the | 6 | | public school shall
cause him to attend the public school in | 7 | | the district wherein he resides when
it is in session during | 8 | | the regular school term, unless he is excused under
paragraph | 9 | | 2, 3, 4, 5, or 6 of Section 26-1.
Beginning with the 2014-2015 | 10 | | school year, any person having
custody or control of a child | 11 | | who is below the age of 6 years or is 17 years of age or above | 12 | | and who is enrolled in any of grades kindergarten
through 12 in | 13 | | the public school shall cause the child to attend the public
| 14 | | school in the district wherein he or she resides when it is in | 15 | | session
during the regular school term, unless the child is | 16 | | excused under
paragraph 2, 3, 4, 5, or 6 of Section 26-1 of | 17 | | this Code.
| 18 | | (b) A school district shall deny reenrollment in its | 19 | | secondary schools
to any
child 19 years of age or above who has | 20 | | dropped out of school
and who could
not, because of age and | 21 | | lack of credits, attend classes during the normal
school year | 22 | | and graduate before his or her twenty-first birthday.
A | 23 | | district may, however, enroll the child in a graduation | 24 | | incentives program under Section 26-16 of this Code or an | 25 | | alternative learning
opportunities program established
under | 26 | | Article 13B.
No
child shall be denied reenrollment for the |
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| 1 | | above reasons
unless the school district first offers the | 2 | | child
due process as required in cases of expulsion under | 3 | | Section
10-22.6. If a child is denied reenrollment after being | 4 | | provided with due
process, the school district must provide | 5 | | counseling to that child and
must direct that child to
| 6 | | alternative educational
programs, including adult education | 7 | | programs, that lead to graduation or
receipt of a high school | 8 | | equivalency certificate.
| 9 | | (c)
A school or school district may deny enrollment to a | 10 | | student 17 years of age
or
older for one semester for failure | 11 | | to meet minimum attendance standards if all
of the
following | 12 | | conditions are met:
| 13 | | (1) The student was absent without valid cause for 20% | 14 | | or more of the
attendance
days in the semester immediately | 15 | | prior to the current semester.
| 16 | | (2) The student and the student's parent or guardian | 17 | | are given written
notice
warning that the student is | 18 | | subject to denial from enrollment for one
semester
unless | 19 | | the student is absent without valid cause less than 20% of | 20 | | the
attendance days
in the current semester.
| 21 | | (3) The student's parent or guardian is provided with | 22 | | the right to appeal
the
notice, as determined by the State | 23 | | Board of Education in accordance with due
process.
| 24 | | (4) The student is provided with attendance | 25 | | remediation services,
including
without limitation | 26 | | assessment, counseling, and support services.
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| 1 | | (5) The student is absent without valid cause for 20% | 2 | | or more of the
attendance
days in the current semester.
| 3 | | A school or school district may not deny enrollment to a | 4 | | student (or
reenrollment
to a dropout) who is at least 17
years | 5 | | of age or older but below 19
years for more
than one | 6 | | consecutive semester for failure to meet attendance
standards.
| 7 | | (d) No child may be denied reenrollment under this
Section | 8 | | in violation
of the federal Individuals with Disabilities | 9 | | Education Act or the Americans with
Disabilities Act.
| 10 | | (e) In this subsection (e), "reenrolled student" means a | 11 | | dropout who has
reenrolled
full-time in a public school. Each | 12 | | school district shall identify, track, and
report on the
| 13 | | educational progress and outcomes of reenrolled students as a | 14 | | subset of the
district's
required reporting on all | 15 | | enrollments.
A reenrolled student who again drops out must not | 16 | | be counted again
against a district's dropout rate performance | 17 | | measure.
The State
Board of Education shall set performance | 18 | | standards for programs serving
reenrolled
students.
| 19 | | (f) The State Board of Education shall adopt any rules | 20 | | necessary to
implement the
changes to this Section made by | 21 | | Public Act 93-803.
| 22 | | (Source: P.A. 100-825, eff. 8-13-18.)
| 23 | | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) | 24 | | (Text of Section before amendment by P.A. 102-466 ) | 25 | | Sec. 26-2a. A "truant" is defined as a child who is subject |
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| 1 | | to compulsory school
attendance and who is absent without | 2 | | valid cause, as defined under this Section, from such | 3 | | attendance for more than 1% but less than 5% of the past 180 | 4 | | school days. | 5 | | "Valid cause" for absence shall be illness, including the | 6 | | mental or behavioral health of the student, observance of a | 7 | | religious
holiday, death in the immediate family, attendance | 8 | | at a civic event,
or family emergency and shall include such | 9 | | other situations beyond the control
of the student, as | 10 | | determined by the board of education in each district,
or such | 11 | | other circumstances which cause reasonable concern to the | 12 | | parent
for the mental, emotional, or physical health or safety | 13 | | of the student. | 14 | | "Chronic or habitual truant" shall be defined as a child | 15 | | who is subject to compulsory
school attendance and who is | 16 | | absent without valid cause from such attendance
for 5% or more | 17 | | of the previous 180 regular attendance days. | 18 | | "Civic event" means an event sponsored by a non-profit | 19 | | organization or governmental entity that is open to the | 20 | | public. "Civic event" includes, but is not limited to, an | 21 | | artistic or cultural performance or educational gathering that | 22 | | supports the mission of the sponsoring non-profit | 23 | | organization. The State Board of Education may adopt rules to | 24 | | further define "civic event". | 25 | | "Truant minor" is defined as a chronic truant to whom | 26 | | supportive
services, including prevention, diagnostic, |
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| 1 | | intervention and remedial
services, alternative programs and | 2 | | other school and community resources
have been provided and | 3 | | have failed to result in the cessation of chronic
truancy, or | 4 | | have been offered and refused. | 5 | | A "dropout" is defined as any child enrolled in grades 9 | 6 | | through 12 whose
name has been removed from the district | 7 | | enrollment roster for any reason
other than the student's | 8 | | death, extended illness, removal for medical non-compliance, | 9 | | expulsion, aging out, graduation, or completion of a
program | 10 | | of studies and who has not transferred to another public or | 11 | | private school and is not known to be home-schooled by his or | 12 | | her parents or guardians or continuing school in another | 13 | | country. | 14 | | "Religion" for the purposes of this Article, includes all | 15 | | aspects of
religious observance and practice, as well as | 16 | | belief. | 17 | | (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; | 18 | | 102-321, eff. 1-1-22.) | 19 | | (Text of Section after amendment by P.A. 102-466 )
| 20 | | Sec. 26-2a. A "truant" is defined as a child who is subject | 21 | | to compulsory school
attendance and who is absent without | 22 | | valid cause, as defined under this Section, from such | 23 | | attendance for more than 1% but less than 5% of the past 180 | 24 | | school days. | 25 | | "Valid cause" for absence shall be illness, including the |
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| 1 | | mental or behavioral health of the student, attendance at a | 2 | | verified medical or therapeutic appointment, appointment with | 3 | | a victim services provider, observance of a religious
holiday, | 4 | | death in the immediate family, attendance at a civic event,
or | 5 | | family emergency and shall include such other situations | 6 | | beyond the control
of the student, as determined by the board | 7 | | of education in each district,
or such other circumstances | 8 | | which cause reasonable concern to the parent
for the mental, | 9 | | emotional, or physical health or safety of the student. For | 10 | | purposes of a student who is an expectant parent, or parent, or | 11 | | victim of domestic or sexual violence, "valid cause" for | 12 | | absence includes (i) the fulfillment of a parenting | 13 | | responsibility, including, but not limited to, arranging and | 14 | | providing child care, caring for a sick child, attending | 15 | | prenatal or other medical appointments for the expectant | 16 | | student, and attending medical appointments for a child, and | 17 | | (ii) addressing circumstances resulting from domestic or | 18 | | sexual violence, including, but not limited to, experiencing | 19 | | domestic or sexual violence, recovering from physical or | 20 | | psychological injuries, seeking medical attention, seeking | 21 | | services from a domestic or sexual violence organization, as | 22 | | defined in Article 26A, seeking psychological or other | 23 | | counseling, participating in safety planning, temporarily or | 24 | | permanently relocating, seeking legal assistance or remedies, | 25 | | or taking any other action to increase the safety or health of | 26 | | the student or to protect the student from future domestic or |
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| 1 | | sexual violence. A school district may require a student to | 2 | | verify his or her claim of domestic or sexual violence under | 3 | | Section 26A-45 prior to the district approving a valid cause | 4 | | for an absence of 3 or more consecutive days that is related to | 5 | | domestic or sexual violence. | 6 | | "Chronic or habitual truant" shall be defined as a child | 7 | | who is subject to compulsory
school attendance and who is | 8 | | absent without valid cause from such attendance
for 5% or more | 9 | | of the previous 180 regular attendance days. | 10 | | "Civic event" means an event sponsored by a non-profit | 11 | | organization or governmental entity that is open to the | 12 | | public. "Civic event" includes, but is not limited to, an | 13 | | artistic or cultural performance or educational gathering that | 14 | | supports the mission of the sponsoring non-profit | 15 | | organization. The State Board of Education may adopt rules to | 16 | | further define "civic event". | 17 | | "Truant minor" is defined as a chronic truant to whom | 18 | | supportive
services, including prevention, diagnostic, | 19 | | intervention and remedial
services, alternative programs and | 20 | | other school and community resources
have been provided and | 21 | | have failed to result in the cessation of chronic
truancy, or | 22 | | have been offered and refused. | 23 | | A "dropout" is defined as any child enrolled in grades 9 | 24 | | through 12 whose
name has been removed from the district | 25 | | enrollment roster for any reason
other than the student's | 26 | | death, extended illness, removal for medical non-compliance, |
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| 1 | | expulsion, aging out, graduation, or completion of a
program | 2 | | of studies and who has not transferred to another public or | 3 | | private school and is not known to be home-schooled by his or | 4 | | her parents or guardians or continuing school in another | 5 | | country. | 6 | | "Religion" for the purposes of this Article, includes all | 7 | | aspects of
religious observance and practice, as well as | 8 | | belief. | 9 | | (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; | 10 | | 102-321, eff. 1-1-22; 102-466, eff. 7-1-25; revised 9-23-21.)
| 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act.".
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