Full Text of HB6223 96th General Assembly
HB6223 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6223
Introduced 2/11/2010, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-22.18 |
from Ch. 122, par. 10-22.18 |
105 ILCS 5/26-1 |
from Ch. 122, par. 26-1 |
105 ILCS 5/26-2 |
from Ch. 122, par. 26-2 |
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Amends the School Code. Provides that the board of directors of a school district must
establish a kindergarten in connection with the public school in the district and maintain it as long as the annual average daily attendance
therein is not less than 15 (previously, upon petition of at
least 50 parents or guardians of children
that meet specified criteria, the board of directors shall, if funds are available,
establish a kindergarten in connection with the public school designated in
the petition and maintain it as long as the annual average daily attendance
therein is not less than 15). Provides that the board must (rather than may) establish a kindergarten with
half-day attendance or with full-day attendance. Provides that provisions related to compulsory attendance apply to children between 5 and 17 years of age (rather than between 7 and 17 years of age). Effective August 1, 2010.
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A BILL FOR
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HB6223 |
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LRB096 14624 MJR 29463 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-22.18, 26-1, and 26-2 as follows:
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| (105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
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| Sec. 10-22.18. Kindergartens. The To establish | 8 |
| kindergartens for the
instruction of children between the
ages | 9 |
| of 4 and 6 years, if in their judgment the public interest | 10 |
| requires
it, and to pay the necessary expenses thereof out of | 11 |
| the school funds of
the district. Upon petition of at
least 50 | 12 |
| parents or guardians of children
between the ages of 4 and 6, | 13 |
| residing within any school district and within
one mile of the | 14 |
| public school where such kindergarten is proposed to be
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| established, the board of directors must shall, if funds are | 16 |
| available,
establish a kindergarten in connection with the | 17 |
| public school in the district designated in
the petition and | 18 |
| maintain it as long as the annual average daily attendance
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| therein is not less than 15. The board must may establish a | 20 |
| kindergarten with
half-day attendance or with full-day | 21 |
| attendance. If the board establishes
full-day kindergarten, it | 22 |
| shall also establish half-day kindergarten.
No one shall be | 23 |
| employed to teach in a kindergarten who does not hold a
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| certificate as provided by law.
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| (Source: P.A. 84-1308.)
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| (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
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| Sec. 26-1. Compulsory school age-Exemptions. Whoever has | 5 |
| custody or control of any child between the ages of 5 7 and 17
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| years (unless the child has already graduated from high school)
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| shall cause such child to attend some public school in the | 8 |
| district
wherein the child resides the entire time it is in | 9 |
| session during the
regular school term, except as provided in | 10 |
| Section 10-19.1, and during a
required summer school program | 11 |
| established under Section 10-22.33B; provided,
that
the | 12 |
| following children shall not be required to attend the public | 13 |
| schools:
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| 1. Any child attending a private or a parochial school | 15 |
| where children
are taught the branches of education taught | 16 |
| to children of corresponding
age and grade in the public | 17 |
| schools, and where the instruction of the child
in the | 18 |
| branches of education is in the English language;
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| 2. Any child who is physically or mentally unable to | 20 |
| attend school, such
disability being certified to the | 21 |
| county or district truant officer by a
competent physician | 22 |
| licensed in Illinois to practice medicine and surgery in | 23 |
| all its branches, a chiropractic physician licensed under | 24 |
| the Medical Practice Act of 1987, an advanced practice | 25 |
| nurse who has a written collaborative agreement with a |
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| collaborating physician that authorizes the advanced | 2 |
| practice nurse to perform health examinations, a physician | 3 |
| assistant who has been delegated the authority to perform | 4 |
| health examinations by his or her supervising physician, or | 5 |
| a Christian Science practitioner residing in this
State and | 6 |
| listed in the Christian Science Journal; or who is excused | 7 |
| for
temporary absence for cause by
the principal or teacher | 8 |
| of the school which the child attends; the exemptions
in | 9 |
| this paragraph (2) do not apply to any female who is | 10 |
| pregnant or the
mother of one or more children, except | 11 |
| where a female is unable to attend
school due to a | 12 |
| complication arising from her pregnancy and the existence
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| of such complication is certified to the county or district | 14 |
| truant officer
by a competent physician;
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| 3. Any child necessarily and lawfully employed | 16 |
| according to the
provisions of the law regulating child | 17 |
| labor may be excused from attendance
at school by the | 18 |
| county superintendent of schools or the superintendent of
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| the public school which the child should be attending, on | 20 |
| certification of
the facts by and the recommendation of the | 21 |
| school board of the public
school district in which the | 22 |
| child resides. In districts having part time
continuation | 23 |
| schools, children so excused shall attend such schools at
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| least 8 hours each week;
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| 4. Any child over 12 and under 14 years of age while in | 26 |
| attendance at
confirmation classes;
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| 5. Any child absent from a public school on a | 2 |
| particular day or days
or at a particular time of day for | 3 |
| the reason that he is unable to attend
classes or to | 4 |
| participate in any examination, study or work requirements | 5 |
| on
a particular day or days or at a particular time of day, | 6 |
| because the tenets
of his religion forbid secular activity | 7 |
| on a particular day or days or at a
particular time of day. | 8 |
| Each school board shall prescribe rules and
regulations | 9 |
| relative to absences for religious holidays including, but | 10 |
| not
limited to, a list of religious holidays on which it | 11 |
| shall be mandatory to
excuse a child; but nothing in this | 12 |
| paragraph 5 shall be construed to limit
the right of any | 13 |
| school board, at its discretion, to excuse an absence on
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| any other day by reason of the observance of a religious | 15 |
| holiday. A school
board may require the parent or guardian | 16 |
| of a child who is to be excused
from attending school due | 17 |
| to the observance of a religious holiday to give
notice, | 18 |
| not exceeding 5 days, of the child's absence to the school
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| principal or other school personnel. Any child excused from | 20 |
| attending
school under this paragraph 5 shall not be | 21 |
| required to submit a written
excuse for such absence after | 22 |
| returning to school; and | 23 |
| 6. Any child 16 years of age or older who (i) submits | 24 |
| to a school district evidence of necessary and lawful | 25 |
| employment pursuant to paragraph 3 of this Section and (ii) | 26 |
| is enrolled in a graduation incentives program pursuant to |
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| Section 26-16 of this Code or an alternative learning | 2 |
| opportunities program established pursuant to Article 13B | 3 |
| of this Code.
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| (Source: P.A. 96-367, eff. 8-13-09.)
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| (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 6 |
| Sec. 26-2. Enrolled pupils below 5 7 or over 17.
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| (a) Any person having custody or
control of a child who is | 8 |
| below the age of 5 7 years or is 17 years of age or above
and | 9 |
| who is enrolled in any of grades kindergarten through 12
in the | 10 |
| public school shall
cause him to attend the public school in | 11 |
| the district wherein he resides when
it is in session during | 12 |
| the regular school term, unless he is excused under
paragraph | 13 |
| 2, 3, 4, 5, or 6 of Section 26-1.
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| (b) A school district shall deny reenrollment in its | 15 |
| secondary schools
to any
child 19 years of age or above who has | 16 |
| dropped out of school
and who could
not, because of age and | 17 |
| lack of credits, attend classes during the normal
school year | 18 |
| and graduate before his or her twenty-first birthday.
A | 19 |
| district may, however, enroll the child in a graduation | 20 |
| incentives program under Section 26-16 of this Code or an | 21 |
| alternative learning
opportunities program established
under | 22 |
| Article 13B.
No
child shall be denied reenrollment for the | 23 |
| above reasons
unless the school district first offers the child
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| due process as required in cases of expulsion under Section
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| 10-22.6. If a child is denied reenrollment after being provided |
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| with due
process, the school district must provide counseling | 2 |
| to that child and
must direct that child to
alternative | 3 |
| educational
programs, including adult education programs, that | 4 |
| lead to graduation or
receipt of a GED diploma.
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| (c) A school or school district may deny enrollment to a | 6 |
| student 17 years
of age
or older for one semester for failure | 7 |
| to meet minimum academic standards if all
of the
following | 8 |
| conditions are met:
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| (1) The student achieved a grade point average of less | 10 |
| than "D" (or its
equivalent)
in the semester immediately | 11 |
| prior to the current semester.
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| (2) The student and the student's parent or guardian | 13 |
| are given written
notice
warning that the student is | 14 |
| failing academically and is subject to denial from
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| enrollment for one semester unless a "D" average (or its | 16 |
| equivalent) or better
is attained in the
current
semester.
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| (3) The parent or guardian is provided with the right | 18 |
| to appeal the
notice, as
determined by the State Board of | 19 |
| Education in accordance with due process.
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| (4) The student is provided with an academic | 21 |
| improvement plan and academic
remediation services.
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| (5) The student fails to achieve a "D" average (or its | 23 |
| equivalent) or
better in the current
semester.
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| A school or school district may deny enrollment to a | 25 |
| student 17 years of age
or
older for one semester for failure | 26 |
| to meet minimum attendance standards if all
of the
following |
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| conditions are met:
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| (1) The student was absent without valid cause for 20% | 3 |
| or more of the
attendance
days in the semester immediately | 4 |
| prior to the current semester.
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| (2) The student and the student's parent or guardian | 6 |
| are given written
notice
warning that the student is | 7 |
| subject to denial from enrollment for one
semester
unless | 8 |
| the student is absent without valid cause less than 20% of | 9 |
| the
attendance days
in the current semester.
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| (3) The student's parent or guardian is provided with | 11 |
| the right to appeal
the
notice, as determined by the State | 12 |
| Board of Education in accordance with due
process.
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| (4) The student is provided with attendance | 14 |
| remediation services,
including
without limitation | 15 |
| assessment, counseling, and support services.
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| (5) The student is absent without valid cause for 20% | 17 |
| or more of the
attendance
days in the current semester.
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| A school or school district may not deny enrollment to a | 19 |
| student (or
reenrollment
to a dropout) who is at least 17
years | 20 |
| of age or older but below 19
years for more
than one | 21 |
| consecutive semester for failure to meet academic or attendance
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| standards.
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| (d) No child may be denied enrollment or reenrollment under | 24 |
| this
Section in violation
of the Individuals with Disabilities | 25 |
| Education Act or the Americans with
Disabilities Act.
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| (e) In this subsection (e), "reenrolled student" means a |
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| dropout who has
reenrolled
full-time in a public school. Each | 2 |
| school district shall identify, track, and
report on the
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| educational progress and outcomes of reenrolled students as a | 4 |
| subset of the
district's
required reporting on all enrollments.
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| A reenrolled student who again drops out must not be counted | 6 |
| again
against a district's dropout rate performance measure.
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| The State
Board of Education shall set performance standards | 8 |
| for programs serving
reenrolled
students.
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| (f) The State Board of Education shall adopt any rules | 10 |
| necessary to
implement the
changes to this Section made by | 11 |
| Public Act 93-803.
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| (Source: P.A. 95-417, eff. 8-24-07.)
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| Section 99. Effective date. This Act takes effect August 1, | 14 |
| 2010.
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