Full Text of SB2864 093rd General Assembly
SB2864 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2864
Introduced 2/6/2004, by J. Bradley Burzynski SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/26-2 |
from Ch. 122, par. 26-2 |
105 ILCS 5/26-2a |
from Ch. 122, par. 26-2a |
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Amends the School Code. Requires a person having custody or
control of a child who is below the compulsory school age and who is
enrolled in kindergarten in a public school to cause the child to attend
the public school. Includes in the definition of "dropout" a child enrolled
in kindergarten. Effective June 30, 2004.
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A BILL FOR
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SB2864 |
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LRB093 13604 NHT 46946 b |
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| AN ACT regarding schools.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing
Sections | 5 |
| 26-2 and 26-2a as follows:
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| (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
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| Sec. 26-2. Enrolled pupils below 7 or over 16. Any person | 8 |
| having custody or
control of a child who is below the age of 7 | 9 |
| years or above the age of 16 years
and who is enrolled in any of | 10 |
| grades kindergarten
1 through 12, in the
public school shall
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| cause him to attend the public school in the district wherein | 12 |
| he resides when
it is in session during the regular school term | 13 |
| unless he is excused under
paragraphs 2, 3, 4 or 5 of Section | 14 |
| 26-1.
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| A school district shall deny reenrollment in its secondary | 16 |
| schools to any
child above the age of 16 years who has dropped | 17 |
| out of school
and who could
not, because of age and lack of | 18 |
| credits, attend classes during the normal
school year and | 19 |
| graduate before his or her twenty-first birthday.
A district | 20 |
| may, however, enroll the child in an alternative learning
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| opportunities program established
under Article 13B.
No
child | 22 |
| shall be denied reenrollment for the above reasons
unless the | 23 |
| school district first offers the child
due process as required | 24 |
| in cases of expulsion under Section
10-22.6. If a child is | 25 |
| denied reenrollment after being provided with due
process, the | 26 |
| school district must provide counseling to that child and
must | 27 |
| direct that child to
alternative educational
programs, | 28 |
| including adult education programs, that lead to graduation or
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| receipt of a GED diploma. No child may be denied reenrollment | 30 |
| in violation
of the Individuals with Disabilities Education Act | 31 |
| or the Americans with
Disabilities Act.
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| (Source: P.A. 92-42, eff. 1-1-02.)
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SB2864 |
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LRB093 13604 NHT 46946 b |
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| (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
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| Sec. 26-2a. A "truant" is defined as a child subject to | 3 |
| compulsory school
attendance and who is absent without valid | 4 |
| cause from such attendance for
a school day or portion thereof.
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| "Valid cause" for absence shall be illness, observance of a | 6 |
| religious
holiday, death in the immediate family,
family | 7 |
| emergency, and shall include such other situations beyond the | 8 |
| control
of the student as determined by the board of education | 9 |
| in each district,
or such other circumstances which cause | 10 |
| reasonable concern to the parent
for the safety or health of | 11 |
| the student.
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| "Chronic or habitual truant" shall be defined as a child | 13 |
| subject to compulsory
school attendance and who is absent | 14 |
| without valid cause from such attendance
for 10% or more of the | 15 |
| previous 180 regular attendance days.
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| "Truant minor" is defined as a chronic truant to whom | 17 |
| supportive
services, including prevention, diagnostic, | 18 |
| intervention and remedial
services, alternative programs and | 19 |
| other school and community resources
have been provided and | 20 |
| have failed to result in the cessation of chronic
truancy, or | 21 |
| have been offered and refused.
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| A "dropout" is defined as any child enrolled in grades | 23 |
| kindergarten
1
through 12 whose
name has been removed from the | 24 |
| district enrollment roster for any reason
other than his death, | 25 |
| extended illness, graduation or completion of a
program of | 26 |
| studies and who has not transferred to another public or | 27 |
| private
school.
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| "Religion" for the purposes of this Article, includes all | 29 |
| aspects of
religious observance and practice, as well as | 30 |
| belief.
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| (Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)
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| Section 99. Effective date. This Act takes effect June 30, | 33 |
| 2004. |
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