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91_HB3107
LRB9110633NTks
1 AN ACT concerning pupils, amending named Acts.
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
5 Sections 26-2 and 26-2a as follows:
6 (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
7 Sec. 26-2. Enrolled pupils below 7 or over 16. Any
8 person having custody or control of a child who is below the
9 age of 7 years or above the age of 16 years and who is
10 enrolled in (i) any of grades 1 through 12, in the public
11 school, until the 2000-2001 school year, or (ii) any of
12 grades kindergarten through 12 in the public school, for the
13 2000-2001 school year and each school year thereafter, shall
14 cause him or her to attend the public school in the district
15 wherein he or she resides when it is in session during the
16 regular school term unless he or she is excused under
17 paragraphs 2, 3, 4 or 5 of Section 26-1. Any person having
18 custody or control of the child may not circumvent this
19 attendance requirement, after having been given notice by a
20 truant officer that the child must be present at school, by
21 removing the child from enrollment in the school district.
22 A school district shall deny reenrollment in its
23 secondary schools to any child above the age of 16 years who
24 has dropped out of school and who could not, because of age
25 and lack of credits, attend classes during the normal school
26 year and graduate before his or her twenty-first birthday.
27 No child shall be denied reenrollment for the above reasons
28 unless the school district first offers the child due process
29 as required in cases of expulsion under Section 10-22.6. If
30 a child is denied reenrollment after being provided with due
31 process, the school district must provide counseling to that
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1 child and must direct that child to alternative educational
2 programs, including adult education programs, that lead to
3 graduation or receipt of a GED diploma. No child may be
4 denied reenrollment in violation of the Individuals with
5 Disabilities Education Act or the Americans with Disabilities
6 Act.
7 (Source: P.A. 88-199; 88-555, eff. 7-27-94.)
8 (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
9 Sec. 26-2a. Until the 2000-2001 school year, a "truant"
10 is defined as a child subject to compulsory school attendance
11 and who is absent without valid cause from such attendance
12 for a school day or portion thereof. For the 2000-2001
13 school year and each school year thereafter, a "truant" is
14 defined as a child enrolled in any of grades kindergarten
15 through 12 whose attendance is required under Section 26-1 or
16 26-2, except a child who is 16 years of age or older, and who
17 is absent without valid cause from such attendance for a
18 school day or portion thereof.
19 "Valid cause" for absence shall be illness, observance of
20 a religious holiday, death in the immediate family, family
21 emergency, and shall include such other situations beyond the
22 control of the student as determined by the board of
23 education in each district, or such other circumstances which
24 cause reasonable concern to the parent for the safety or
25 health of the student.
26 Until the 2000-2001 school year, "chronic or habitual
27 truant" shall be defined as a child subject to compulsory
28 school attendance and who is absent without valid cause from
29 such attendance for 10% or more of the previous 180 regular
30 attendance days. For the 2000-2001 school year and each
31 school year thereafter, "chronic or habitual truant" shall be
32 defined as a child who is enrolled in any of grades
33 kindergarten through 12 whose attendance is required under
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1 Section 26-1 or 26-2, except a child who is 16 years of age
2 or older, and who is absent without valid cause from such
3 attendance for 10% or more of the previous 180 regular
4 attendance days.
5 "Truant minor" is defined as a chronic truant to whom
6 supportive services, including prevention, diagnostic,
7 intervention and remedial services, alternative programs and
8 other school and community resources have been provided and
9 have failed to result in the cessation of chronic truancy, or
10 have been offered and refused.
11 A "dropout" is defined as any child enrolled in grades
12 kindergarten 1 through 12 whose name has been removed from
13 the district enrollment roster for any reason other than his
14 death, extended illness, graduation or completion of a
15 program of studies and who has not transferred to another
16 public or private school.
17 "Religion" for the purposes of this Article, includes all
18 aspects of religious observance and practice, as well as
19 belief.
20 (Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)
21 Section 10. The Juvenile Court Act of 1987 is amended by
22 changing Section 3-33 as follows:
23 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
24 Sec. 3-33. Truant Minor in Need of Supervision.
25 (a) Definition. A minor who is reported by a regional
26 superintendent of schools, or in cities of over 500,000
27 inhabitants, by the Office of Chronic Truant Adjudication, as
28 a chronic truant shall be adjudged a truant minor in need of
29 supervision.
30 (a-1) There is a rebuttable presumption that a chronic
31 truant is a truant minor in need of supervision.
32 (a-2) There is a rebuttable presumption that school
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1 records of a minor's attendance at school are authentic.
2 (a-3) For purposes of this Section, "chronic truant" has
3 the meaning ascribed to it in Section 26-2a of the School
4 Code. However, a minor below the compulsory school age and
5 enrolled in kindergarten or first grade shall not be adjudged
6 a truant minor in need of supervision.
7 (b) Kinds of dispositional orders. A minor found to be
8 a truant minor in need of supervision may be:
9 (1) committed to the appropriate regional
10 superintendent of schools for a multi-disciplinary case
11 staffing, individualized educational plan or service
12 plan, or referral to comprehensive community-based youth
13 services;
14 (2) required to comply with an individualized
15 educational plan or service plan as specifically provided
16 by the appropriate regional superintendent of schools;
17 (3) ordered to obtain counseling or other
18 supportive services;
19 (4) subject to a fine in an amount in excess of $5,
20 but not exceeding $100, and each day of absence without
21 valid cause as defined in Section 26-2a of The School
22 Code is a separate offense;
23 (5) required to perform some reasonable public
24 service work such as, but not limited to, the picking up
25 of litter in public parks or along public highways or the
26 maintenance of public facilities; or
27 (6) subject to having his or her driver's license
28 or driving privilege suspended for a period of time as
29 determined by the court but only until he or she attains
30 18 years of age.
31 A dispositional order may include a fine, public service,
32 or suspension of a driver's license or privilege only if the
33 court has made an express written finding that a truancy
34 prevention program has been offered by the school, regional
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1 superintendent of schools, or a community social service
2 agency to the truant minor in need of supervision.
3 (c) Orders entered under this Section may be enforced by
4 contempt proceedings.
5 (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97;
6 90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.