Public Act 093-0858
 		





SB2918 Enrolled
LRB093 20961 NHT 46945 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The School Code is amended  by changing Sections 
26-1, 26-2, 26-7, 26-8, and 26-14 and  by adding Section 26-16 
as follows:
 



    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)



    Sec. 26-1. Compulsory school age-Exemptions. Whoever has 
custody or control of any child between the ages of 7 and 17
16

years (unless the child has already graduated from high school)

shall cause such child to attend some public school in the 
district
wherein the child resides the entire time it is in 
session during the
regular school term, except as provided in 
Section 10-19.1, and during a
required summer school program 
established under Section 10-22.33B; provided,
that
the 
following children shall not be required to attend the public 
schools:

    1. Any child attending a private or a parochial school 
where children
are taught the branches of education taught to 
children of corresponding
age and grade in the public schools, 
and where the instruction of the child
in the branches of 
education is in the English language;

    2. Any child who is physically or mentally unable to attend 
school, such
disability being certified to the county or 
district truant officer by a
competent physician or a Christian 
Science practitioner residing in this
State and listed in the 
Christian Science Journal; or who is excused for
temporary 
absence for cause by
the principal or teacher of the school 
which the child attends; the exemptions
in this paragraph (2) 
do not apply to any female who is pregnant or the
mother of one 
or more children, except where a female is unable to attend

school due to a complication arising from her pregnancy and the 
existence
of such complication is certified to the county or 
district truant officer
by a competent physician;

    3. Any child necessarily and lawfully employed according to 
the
provisions of the law regulating child labor may be excused 
from attendance
at school by the county superintendent of 
schools or the superintendent of
the public school which the 
child should be attending, on certification of
the facts by and 
the recommendation of the school board of the public
school 
district in which the child resides. In districts having part 
time
continuation schools, children so excused shall attend 
such schools at
least 8 hours each week;

    4. Any child over 12 and under 14 years of age while in 
attendance at
confirmation classes;

    5. Any child absent from a public school on a particular 
day or days
or at a particular time of day for the reason that 
he is unable to attend
classes or to participate in any 
examination, study or work requirements on
a particular day or 
days or at a particular time of day, because the tenets
of his 
religion forbid secular activity on a particular day or days or 
at a
particular time of day.  Each school board shall prescribe 
rules and
regulations relative to absences for religious 
holidays including, but not
limited to, a list of religious 
holidays on which it shall be mandatory to
excuse a child; but 
nothing in this paragraph 5 shall be construed to limit
the 
right of any school board, at its discretion, to excuse an 
absence on
any other day by reason of the observance of a 
religious holiday.  A school
board may require the parent or 
guardian of a child who is to be excused
from attending school 
due to the observance of a religious holiday to give
notice, 
not exceeding 5 days, of the child's absence to the school

principal or other school personnel.  Any child excused from 
attending
school under this paragraph 5 shall not be required 
to submit a written
excuse for such absence after returning to 
school; and .
    6.  Any child 16 years of age or older who (i) submits to a 
school district evidence of necessary and lawful employment 
pursuant to paragraph 3 of this Section and (ii) is enrolled in 
a graduation incentives program pursuant to Section 26-16 of 
this Code or an alternative learning opportunities program 
established pursuant to Article 13B of this Code.


(Source: P.A. 89-610, eff. 8-6-96.)

 



    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)



    Sec. 26-2. Enrolled pupils below 7 or over 17
16. Any 
person having custody or
control of a child who is below the 
age of 7 years or is 17 years of age or above the age of 16 
years
and who is enrolled in any of grades 1 through 12, in the 
public school shall
cause him to attend the public school in 
the district wherein he resides when
it is in session during 
the regular school term, unless he is excused under
paragraph

paragraphs 2, 3, 4,
or 5, or 6 of Section 26-1.

    A school district shall deny reenrollment in its secondary 
schools to any
child 17 years of age or above the age of 16 
years who has dropped out of school
and who could
not, because 
of age and lack of credits, attend classes during the normal

school year and graduate before his or her twenty-first 
birthday.
A district may, however, enroll the child in a 
graduation incentives program under Section 26-16 of this Code 
or an alternative learning
opportunities program established

under Article 13B.
No
child shall be denied reenrollment for 
the above reasons
unless the school district first offers the 
child
due process as required in cases of expulsion under 
Section
10-22.6.  If a child is denied reenrollment after being 
provided with due
process, the school district must provide 
counseling to that child and
must direct that child to

alternative educational
programs, including adult education 
programs, that lead to graduation or
receipt of a GED diploma.  
No child may be denied reenrollment in violation
of the 
Individuals with Disabilities Education Act or the Americans 
with
Disabilities Act.

(Source: P.A. 92-42, eff. 1-1-02.)

 



    (105 ILCS 5/26-7)  (from Ch. 122, par. 26-7)



    Sec. 26-7. Notice
to custodian-Notice of non-compliance. 
If any person fails to send any child under his custody or 
control to
some lawful school, the truant officer or, in a 
school district that does not have a truant officer, the 
regional superintendent of schools or his or her designee

shall, as soon as practicable after
he is notified thereof, 
give notice in person or by mail to such person
that such child 
shall be present at the proper public school on the day

following the receipt of such notice. The notice shall state 
the date that
attendance at school must begin and that such 
attendance must be continuous
and consecutive in the district 
during the remainder of the school year.
The truant officer or, 
in a school district that does not have a truant officer, the 
regional superintendent of schools or his or her designee shall 
at the same time that such notice is given notify
the teacher 
or superintendent of the proper public school thereof and the

teacher or superintendent shall notify the truant officer or 
regional superintendent of schools of any
non-compliance 
therewith.

(Source: Laws 1961, p. 31.)

 



    (105 ILCS 5/26-8)  (from Ch. 122, par. 26-8)



    Sec. 26-8. Determination as to compliance - Complaint in 
circuit court.)
A truant officer or, in a school district that 
does not have a truant officer, the regional superintendent of 
schools or his or her designee,
All Truant officers after 
giving the notice provided in Section 26-7, shall
determine 
whether  the notice has been complied with. If 3 notices have 
been given and the notices have
the notice has not
been 
complied with, and if the persons having custody or control 
have knowingly
and wilfully permitted the truant behavior to 
continue, the regional superintendent of schools, or his or her 
designee, of the school district where the child resides shall 
conduct a truancy hearing.  If the regional superintendent 
determines as a result of the hearing that the child is truant, 
the regional superintendent shall require the student to 
complete 20 to 40 hours of community service over a period of 
90 days.  If the truancy persists, the regional superintendent 
shall (i) make complaint against the persons having custody or 
control
truant officer
shall thereupon make complaint against 
such person to the state's
attorney or in the circuit court in 
the county where such person resides
for failure to comply with 
the provisions of this Article or (ii) conduct truancy 
mediation and encourage the student to enroll in a graduation 
incentives program under Section 26-16 of this Code.  If, 
however,
after giving the notice provided in Section 26-7 the 
truant behavior has
continued, and the child is beyond the 
control of the parents, guardians
or custodians, a truancy 
petition shall be filed under the provisions of
Article III of 
the Juvenile Court Act of 1987.

(Source: P.A. 85-1209.)

 



    (105 ILCS 5/26-14)  (from Ch. 122, par. 26-14)



    Sec. 26-14. Truancy programs for dropouts. Any dropout, as 
defined in
Section 26-2a, who is 17
whose age is 16 or greater, 
but less than 18 years of age,
may apply to a school district

for status as a truant, and the school district shall permit 
such person to
participate in the district's various programs 
and resources for truants.
At the time of the person's 
application, the district may request
documentation of his 
dropout status for the previous 6 months.

(Source: P.A. 85-629.)

 
    (105 ILCS 5/26-16  new)
    Sec. 26-16. Graduation incentives program.

    (a)  The General Assembly finds that it is critical to 
provide options for children to succeed in school.  The purpose 
of this Section is to provide incentives for and encourage all 
Illinois students who have experienced or are experiencing 
difficulty in the traditional education system to enroll in 
alternative programs.
    (b)  Any student who is no more than 18 years of age is 
eligible to enroll in a graduation incentives program if he or 
she:
        (1)  is considered a dropout pursuant to Section 26-2a 
    of this Code;
        (2)  has been suspended or expelled pursuant to Section 
    10-22.6 or 34-19 of
this Code;
        (3)  is pregnant or is a parent;
        (4)  has been assessed as chemically dependent; or
        (5)  is enrolled in a bilingual education or LEP 
    program.
    (c)  The following programs qualify as graduation 
incentives programs for students meeting the criteria 
established in this Section:
        (1)  Any public elementary or secondary education 
    graduation incentives program established by a school 
    district or by a regional office of education.
        (2)  Any alternative learning opportunities program 
    established pursuant to Article 13B of this Code.
        (3)  Vocational or job training courses approved by the 
    State Superintendent of Education that are available 
    through the Illinois public community college system.  
    Students may apply for reimbursement of 50% of tuition 
    costs for one course per semester or a maximum of 3 courses 
    per school year.  Subject to available funds, students may 
    apply for reimbursement of up to 100% of tuition costs upon 
    a showing of employment within 6 months after completion of 
    a vocational or job training program. The qualifications 
    for reimbursement shall be established by the State 
    Superintendent of Education by rule.
        (4)  Job and career programs approved by the State 
    Superintendent of Education that are available through 
    Illinois-accredited private business and vocational 
    schools.  Subject to available funds, pupils may apply for 
    reimbursement of up to 100% of tuition costs upon a showing 
    of employment within 6 months after completion of a job or 
    career program.  The State Superintendent of Education 
    shall establish, by rule, the qualifications for 
    reimbursement, criteria for determining reimbursement 
    amounts, and limits on reimbursement.
        (5)  Adult education courses that offer preparation for 
    the General Educational Development Test.
    (d)  Graduation incentives programs established by school 
districts are entitled to claim general State aid, subject to 
Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. 
Graduation incentives programs operated by regional offices of 
education are entitled to receive general State aid at the 
foundation level of support per pupil enrolled. A school 
district must ensure that its graduation incentives program 
receives supplemental general State aid, transportation 
reimbursements, and special education resources, if 
appropriate, for students enrolled in the program.