Full Text of SB1478 101st General Assembly
SB1478 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1478 Introduced 2/13/2019, by Sen. Paul Schimpf SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/3-15.12 | from Ch. 122, par. 3-15.12 | 105 ILCS 5/26-1 | from Ch. 122, par. 26-1 | 105 ILCS 5/26-2 | from Ch. 122, par. 26-2 | 105 ILCS 5/26-14 | from Ch. 122, par. 26-14 |
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Amends the School Code. Increases the compulsory school age from 17 to 18 years of age; makes related changes.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 3-15.12, 26-1, 26-2, and 26-14 as follows: | 6 | | (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
| 7 | | Sec. 3-15.12. High school equivalency.
The regional
| 8 | | superintendent of schools and the Illinois Community College | 9 | | Board shall make available for qualified individuals
residing | 10 | | within the region a High School Equivalency Testing Program and | 11 | | alternative methods of credentialing, as identified under this | 12 | | Section.
For that purpose the regional superintendent alone or | 13 | | with other
regional superintendents may establish and | 14 | | supervise a testing center or
centers to administer the secure | 15 | | forms for high school equivalency testing to qualified persons. | 16 | | Such centers
shall be under the supervision of the regional | 17 | | superintendent in whose
region such centers are located, | 18 | | subject to the approval
of the
Executive Director of the | 19 | | Illinois Community College Board.
The Illinois Community | 20 | | College Board shall also establish criteria and make available | 21 | | alternative methods of credentialing throughout the State. | 22 | | An individual is eligible to apply to the regional | 23 | | superintendent of schools
for the region in which he or she
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| 1 | | resides if he or she is: (a) a person who is 18 17 years
of age | 2 | | or older, has maintained residence in the State of Illinois,
| 3 | | and is
not a high school graduate; (b)
a person who is | 4 | | successfully completing an
alternative education program under | 5 | | Section 2-3.81, Article 13A,
or Article 13B; or (c) a
person | 6 | | who is
enrolled in a youth education program sponsored by the | 7 | | Illinois National
Guard.
For purposes of this Section, | 8 | | residence is that abode which the applicant
considers his or | 9 | | her home. Applicants may provide as sufficient proof of such
| 10 | | residence and as an acceptable form of identification a | 11 | | driver's license, valid passport, military ID, or other form of | 12 | | government-issued national or foreign identification that | 13 | | shows the applicant's name, address, date of birth, signature, | 14 | | and photograph or other acceptable identification as may be | 15 | | allowed by law or as regulated by the Illinois Community | 16 | | College Board. Such regional superintendent shall determine if | 17 | | the
applicant meets statutory and regulatory state standards. | 18 | | If qualified the
applicant shall at the time of such | 19 | | application pay a fee established by the
Illinois Community | 20 | | College Board, which fee shall be paid into a special
fund
| 21 | | under the control and supervision of the regional | 22 | | superintendent. Such moneys
received by the regional | 23 | | superintendent shall be used, first, for the
expenses incurred
| 24 | | in administering and scoring the examination, and next for | 25 | | other educational
programs that are developed and designed by | 26 | | the regional superintendent of
schools to assist those who |
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| 1 | | successfully complete high school equivalency testing or meet | 2 | | the criteria for alternative methods of credentialing in | 3 | | furthering their academic development or
their ability to | 4 | | secure and retain gainful employment, including programs for
| 5 | | the competitive award based on test scores of college or adult | 6 | | education
scholarship grants or similar educational | 7 | | incentives. Any excess moneys shall
be paid into the institute | 8 | | fund.
| 9 | | Any applicant who has achieved the minimum passing | 10 | | standards as
established by the
Illinois Community College | 11 | | Board shall be
notified in writing by the regional | 12 | | superintendent and shall be
issued a high school equivalency | 13 | | certificate on the forms provided by the
Illinois Community | 14 | | College Board. The regional superintendent shall
then certify | 15 | | to the Illinois Community College Board
the score of the | 16 | | applicant and such other and additional information
that may be | 17 | | required by the Illinois Community College Board. The
moneys | 18 | | received therefrom shall be used in the same manner as provided
| 19 | | for in this Section.
| 20 | | The Illinois Community College Board shall establish | 21 | | alternative methods of credentialing for the issuance of high | 22 | | school equivalency certification. In addition to high school | 23 | | equivalency testing, the following alternative methods of | 24 | | receiving a high school equivalency credential shall be made | 25 | | available to qualified individuals on or after January 1, 2018: | 26 | | (A) High School Equivalency based on High School |
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| 1 | | Credit. A qualified candidate may petition to have his or | 2 | | her high school transcripts evaluated to determine what the | 3 | | candidate needs to meet criteria as established by the | 4 | | Illinois Community College Board. | 5 | | (B) High School Equivalency based on Post-Secondary | 6 | | Credit. A qualified candidate may petition to have his or | 7 | | her post-secondary transcripts evaluated to determine what | 8 | | the candidate needs to meet criteria established by the | 9 | | Illinois Community College Board. | 10 | | (C) High School Equivalency based on a Foreign Diploma. | 11 | | A qualified candidate may petition to have his or her | 12 | | foreign high school or post-secondary transcripts | 13 | | evaluated to determine what the candidate needs to meet | 14 | | criteria established by the Illinois Community College | 15 | | Board. | 16 | | (D) High School Equivalency based on Completion of a | 17 | | Competency-Based Program as approved by the Illinois | 18 | | Community College Board. The Illinois Community College | 19 | | Board shall establish guidelines for competency-based high | 20 | | school equivalency programs. | 21 | | Any applicant who has attained the age of 18 17 years and | 22 | | maintained
residence in the State of Illinois and is not a high | 23 | | school graduate, any person who has enrolled in a youth | 24 | | education program sponsored by the Illinois National Guard, or | 25 | | any person who has successfully completed
an
alternative | 26 | | education program under Section 2-3.81,
Article 13A, or Article |
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| 1 | | 13B is eligible to apply for a high school equivalency
| 2 | | certificate (if he or she meets the requirements prescribed by | 3 | | the Illinois Community College Board) upon showing evidence | 4 | | that he or she has completed, successfully, high school | 5 | | equivalency testing, administered by the United
States Armed | 6 | | Forces Institute, official high school equivalency testing | 7 | | centers established in other
states, Veterans' Administration | 8 | | Hospitals, or the office of the State
Superintendent of | 9 | | Education for the Illinois State Penitentiary
System and the | 10 | | Department of Corrections. Such applicant shall apply to the
| 11 | | regional superintendent of the region wherein he or she has | 12 | | maintained residence, and,
upon payment of a fee established by | 13 | | the Illinois Community College Board,
the regional | 14 | | superintendent shall issue a high school
equivalency | 15 | | certificate and immediately thereafter certify to the Illinois | 16 | | Community College Board the score of the applicant and such | 17 | | other and
additional information as may be required by the | 18 | | Illinois Community College Board.
| 19 | | Notwithstanding the provisions of this Section, any | 20 | | applicant who has
been out of school for at least one year may | 21 | | request the regional
superintendent of schools to administer | 22 | | restricted high school equivalency testing upon
written | 23 | | request of: the director of a program who certifies to the | 24 | | Chief
Examiner of an official high school equivalency testing | 25 | | center that the applicant has completed a
program of | 26 | | instruction provided by such agencies as the Job Corps, the
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| 1 | | Postal Service Academy, or an apprenticeship training program; | 2 | | an employer
or program director for purposes of entry into | 3 | | apprenticeship programs;
another state's department of | 4 | | education in order to meet regulations
established by that | 5 | | department of education; or a post high school
educational | 6 | | institution for purposes of admission, the Department of | 7 | | Financial and
Professional Regulation for licensing purposes, | 8 | | or the Armed Forces
for induction purposes. The regional | 9 | | superintendent shall administer
such testing, and the | 10 | | applicant shall be notified in writing that he or she is
| 11 | | eligible to receive a high school equivalency certificate
upon | 12 | | reaching age 18 17 , provided he or she meets the standards | 13 | | established by the Illinois Community College Board.
| 14 | | Any test administered under this Section to an applicant | 15 | | who does not
speak and understand English may at the discretion | 16 | | of the administering
agency be given and answered in any | 17 | | language in which the test is
printed. The regional | 18 | | superintendent of schools may waive any fees required
by this | 19 | | Section in case of hardship.
The regional superintendent of | 20 | | schools and the Illinois Community College Board shall waive | 21 | | any fees required by this Section for an applicant who meets | 22 | | all of the following criteria:
| 23 | | (1) The applicant qualifies as a homeless person, | 24 | | child, or youth as defined in the Education for Homeless | 25 | | Children Act. | 26 | | (2) The applicant has not attained 25 years of age as |
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| 1 | | of the date of the scheduled test. | 2 | | (3) The applicant can verify his or her status as a | 3 | | homeless person, child, or youth. A homeless services | 4 | | provider that is qualified to verify an individual's | 5 | | housing status, as determined by the Illinois Community | 6 | | College Board, and that has knowledge of the applicant's | 7 | | housing status may verify the applicant's status for | 8 | | purposes of this subdivision (3). | 9 | | (4) The applicant has completed a high school | 10 | | equivalency preparation course through an Illinois | 11 | | Community College Board-approved provider. | 12 | | (5) The applicant is taking the test at a testing | 13 | | center operated by a regional superintendent of schools or | 14 | | the Cook County High School Equivalency Office. | 15 | | In counties of over 3,000,000 population, a high school | 16 | | equivalency certificate
shall contain the signatures of the | 17 | | Executive Director of the Illinois Community College Board and | 18 | | the superintendent, president, or other chief
executive | 19 | | officer of the institution where high school equivalency | 20 | | testing instruction occurred and any
other signatures | 21 | | authorized by the Illinois Community College Board.
| 22 | | The regional superintendent of schools shall furnish the | 23 | | Illinois
Community College Board with any information that the | 24 | | Illinois
Community College Board requests with regard to | 25 | | testing and certificates under this
Section.
| 26 | | (Source: P.A. 99-78, eff. 7-20-15; 99-742, eff. 1-1-17; |
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| 1 | | 100-130, eff. 1-1-18 .)
| 2 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| 3 | | Sec. 26-1. Compulsory school age; exemptions. Whoever has | 4 | | custody or control of any child (i) between the ages of 7 and | 5 | | 17
years (unless the child has already graduated from high | 6 | | school) for school years before the 2014-2015 school year or | 7 | | (ii) between the ages
of 6 (on or before September 1) and 18 17 | 8 | | years (unless the child has already graduated from high school) | 9 | | beginning with the 2014-2015 school year
shall cause such child | 10 | | to attend some public school in the district
wherein the child | 11 | | resides the entire time it is in session during the
regular | 12 | | school term, except as provided in Section 10-19.1, and during | 13 | | a
required summer school program established under Section | 14 | | 10-22.33B; provided,
that
the following children shall not be | 15 | | required to attend the public schools:
| 16 | | 1. Any child attending a private or a parochial school | 17 | | where children
are taught the branches of education taught | 18 | | to children of corresponding
age and grade in the public | 19 | | schools, and where the instruction of the child
in the | 20 | | branches of education is in the English language;
| 21 | | 2. Any child who is physically or mentally unable to | 22 | | attend school, such
disability being certified to the | 23 | | county or district truant officer by a
competent physician | 24 | | licensed in Illinois to practice medicine and surgery in | 25 | | all its branches, a chiropractic physician licensed under |
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| 1 | | the Medical Practice Act of 1987, a licensed advanced | 2 | | practice registered nurse, a licensed physician assistant, | 3 | | or a Christian Science practitioner residing in this
State | 4 | | and listed in the Christian Science Journal; or who is | 5 | | excused for
temporary absence for cause by
the principal or | 6 | | teacher of the school which the child attends; the | 7 | | exemptions
in this paragraph (2) do not apply to any female | 8 | | who is pregnant or the
mother of one or more children, | 9 | | except where a female is unable to attend
school due to a | 10 | | complication arising from her pregnancy and the existence
| 11 | | of such complication is certified to the county or district | 12 | | truant officer
by a competent physician;
| 13 | | 3. Any child necessarily and lawfully employed | 14 | | according to the
provisions of the law regulating child | 15 | | labor may be excused from attendance
at school by the | 16 | | county superintendent of schools or the superintendent of
| 17 | | the public school which the child should be attending, on | 18 | | certification of
the facts by and the recommendation of the | 19 | | school board of the public
school district in which the | 20 | | child resides. In districts having part-time
continuation | 21 | | schools, children so excused shall attend such schools at
| 22 | | least 8 hours each week;
| 23 | | 4. Any child over 12 and under 14 years of age while in | 24 | | attendance at
confirmation classes;
| 25 | | 5. Any child absent from a public school on a | 26 | | particular day or days
or at a particular time of day for |
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| 1 | | the reason that he is unable to attend
classes or to | 2 | | participate in any examination, study or work requirements | 3 | | on
a particular day or days or at a particular time of day, | 4 | | because the tenets
of his religion forbid secular activity | 5 | | on a particular day or days or at a
particular time of day. | 6 | | Each school board shall prescribe rules and
regulations | 7 | | relative to absences for religious holidays including, but | 8 | | not
limited to, a list of religious holidays on which it | 9 | | shall be mandatory to
excuse a child; but nothing in this | 10 | | paragraph 5 shall be construed to limit
the right of any | 11 | | school board, at its discretion, to excuse an absence on
| 12 | | any other day by reason of the observance of a religious | 13 | | holiday. A school
board may require the parent or guardian | 14 | | of a child who is to be excused
from attending school due | 15 | | to the observance of a religious holiday to give
notice, | 16 | | not exceeding 5 days, of the child's absence to the school
| 17 | | principal or other school personnel. Any child excused from | 18 | | attending
school under this paragraph 5 shall not be | 19 | | required to submit a written
excuse for such absence after | 20 | | returning to school; | 21 | | 6. Any child 16 years of age or older who (i) submits | 22 | | to a school district evidence of necessary and lawful | 23 | | employment pursuant to paragraph 3 of this Section and (ii) | 24 | | is enrolled in a graduation incentives program pursuant to | 25 | | Section 26-16 of this Code or an alternative learning | 26 | | opportunities program established pursuant to Article 13B |
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| 1 | | of this Code;
| 2 | | 7. A child in any of grades 6 through 12 absent from a | 3 | | public school on a particular day or days or at a | 4 | | particular time of day for the purpose of sounding "Taps" | 5 | | at a military honors funeral held in this State for a | 6 | | deceased veteran. In order to be excused under this | 7 | | paragraph 7, the student shall notify the school's | 8 | | administration at least 2 days prior to the date of the | 9 | | absence and shall provide the school's administration with | 10 | | the date, time, and location of the military
honors | 11 | | funeral. The school's administration may waive this 2-day | 12 | | notification requirement if the student did not receive at | 13 | | least 2 days advance notice, but the student shall notify | 14 | | the school's administration as soon as possible of the | 15 | | absence. A student whose absence is excused under this | 16 | | paragraph 7 shall be counted as if the student attended | 17 | | school for purposes of calculating the average daily | 18 | | attendance of students in the school district. A student | 19 | | whose absence is excused under this paragraph 7 must be | 20 | | allowed a reasonable time to make up school work missed | 21 | | during the absence. If the student satisfactorily | 22 | | completes the school work, the day of absence shall be | 23 | | counted as a day of compulsory attendance and he or she may | 24 | | not be penalized for that absence; and | 25 | | 8. Any child absent from a public school on a | 26 | | particular day or days or at a particular time of day for |
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| 1 | | the reason that his or her parent or legal guardian is an | 2 | | active duty member of the uniformed services and has been | 3 | | called to duty for, is on leave from, or has immediately | 4 | | returned from deployment to a combat zone or combat-support | 5 | | postings. Such a student shall be granted 5 days of excused | 6 | | absences in any school year and, at the discretion of the | 7 | | school board, additional excused absences to visit the | 8 | | student's parent or legal guardian relative to such leave | 9 | | or deployment of the parent or legal guardian. In the case | 10 | | of excused absences pursuant to this paragraph 8, the | 11 | | student and parent or legal guardian shall be responsible | 12 | | for obtaining assignments from the student's teacher prior | 13 | | to any period of excused absence and for ensuring that such | 14 | | assignments are completed by the student prior to his or | 15 | | her return to school from such period of excused absence. | 16 | | (Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17; | 17 | | 100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff. | 18 | | 8-14-18.)
| 19 | | (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 20 | | Sec. 26-2. Enrolled pupils not of compulsory school age.
| 21 | | (a) Any For school years before the 2014-2015 school year, | 22 | | any person having custody or
control of a child who is below | 23 | | the age of 7 years or is 17 years of age or above
and who is | 24 | | enrolled in any of grades kindergarten through 12
in the public | 25 | | school shall
cause him to attend the public school in the |
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| 1 | | district wherein he resides when
it is in session during the | 2 | | regular school term, unless he is excused under
paragraph 2, 3, | 3 | | 4, 5, or 6 of Section 26-1.
Beginning with the 2014-2015 school | 4 | | year, any person having
custody or control of a child who is | 5 | | below the age of 6 years or is 18 17 years of age or above and | 6 | | who is enrolled in any of grades kindergarten
through 12 in the | 7 | | public school shall cause the child to attend the public
school | 8 | | in the district wherein he or she resides when it is in session
| 9 | | during the regular school term, unless the child is excused | 10 | | under
paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
| 11 | | (b) A school district shall deny reenrollment in its | 12 | | secondary schools
to any
child 19 years of age or above who has | 13 | | dropped out of school
and who could
not, because of age and | 14 | | lack of credits, attend classes during the normal
school year | 15 | | and graduate before his or her twenty-first birthday.
A | 16 | | district may, however, enroll the child in a graduation | 17 | | incentives program under Section 26-16 of this Code or an | 18 | | alternative learning
opportunities program established
under | 19 | | Article 13B.
No
child shall be denied reenrollment for the | 20 | | above reasons
unless the school district first offers the child
| 21 | | due process as required in cases of expulsion under Section
| 22 | | 10-22.6. If a child is denied reenrollment after being provided | 23 | | with due
process, the school district must provide counseling | 24 | | to that child and
must direct that child to
alternative | 25 | | educational
programs, including adult education programs, that | 26 | | lead to graduation or
receipt of a high school equivalency |
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| 1 | | certificate.
| 2 | | (c)
A school or school district may deny enrollment to a | 3 | | student 18 17 years of age
or
older for one semester for | 4 | | failure to meet minimum attendance standards if all
of the
| 5 | | following conditions are met:
| 6 | | (1) The student was absent without valid cause for 20% | 7 | | or more of the
attendance
days in the semester immediately | 8 | | prior to the current semester.
| 9 | | (2) The student and the student's parent or guardian | 10 | | are given written
notice
warning that the student is | 11 | | subject to denial from enrollment for one
semester
unless | 12 | | the student is absent without valid cause less than 20% of | 13 | | the
attendance days
in the current semester.
| 14 | | (3) The student's parent or guardian is provided with | 15 | | the right to appeal
the
notice, as determined by the State | 16 | | Board of Education in accordance with due
process.
| 17 | | (4) The student is provided with attendance | 18 | | remediation services,
including
without limitation | 19 | | assessment, counseling, and support services.
| 20 | | (5) The student is absent without valid cause for 20% | 21 | | or more of the
attendance
days in the current semester.
| 22 | | A school or school district may not deny enrollment to a | 23 | | student (or
reenrollment
to a dropout) who is at least 18 17
| 24 | | years of age or older but below 19
years for more
than one | 25 | | consecutive semester for failure to meet attendance
standards.
| 26 | | (d) No child may be denied reenrollment under this
Section |
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| 1 | | in violation
of the federal Individuals with Disabilities | 2 | | Education Act or the Americans with
Disabilities Act.
| 3 | | (e) In this subsection (e), "reenrolled student" means a | 4 | | dropout who has
reenrolled
full-time in a public school. Each | 5 | | school district shall identify, track, and
report on the
| 6 | | educational progress and outcomes of reenrolled students as a | 7 | | subset of the
district's
required reporting on all enrollments.
| 8 | | A reenrolled student who again drops out must not be counted | 9 | | again
against a district's dropout rate performance measure.
| 10 | | The State
Board of Education shall set performance standards | 11 | | for programs serving
reenrolled
students.
| 12 | | (f) The State Board of Education shall adopt any rules | 13 | | necessary to
implement the
changes to this Section made by | 14 | | Public Act 93-803.
| 15 | | (Source: P.A. 100-825, eff. 8-13-18.)
| 16 | | (105 ILCS 5/26-14) (from Ch. 122, par. 26-14)
| 17 | | Sec. 26-14. Truancy programs for dropouts. Any dropout, as | 18 | | defined in
Section 26-2a, who is 18 17 years of age
may apply | 19 | | to a school district
for status as a truant, and the school | 20 | | district shall permit such person to
participate in the | 21 | | district's various programs and resources for truants.
At the | 22 | | time of the person's application, the district may request
| 23 | | documentation of his dropout status for the previous 6 months.
| 24 | | (Source: P.A. 93-858, eff. 1-1-05.)
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