Public Act 103-0560
 
HB3814 EnrolledLRB103 27527 RJT 53902 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 Section
10-19.05 as follows:
 
    (105 ILCS 5/10-19.05)
    Sec. 10-19.05. Daily pupil attendance calculation.
    (a) Except as otherwise provided in this Section, for a
pupil of legal school age and in kindergarten or any of grades
1 through 12, a day of attendance shall be counted only for
sessions of not less than 5 clock hours of school work per day
under direct supervision of (i) teachers or (ii) non-teaching
personnel or volunteer personnel when engaging in non-teaching
duties and supervising in those instances specified in
subsection (a) of Section 10-22.34 and paragraph 10 of Section
34-18. Days of attendance by pupils through verified
participation in an e-learning program adopted by a school
board and verified by the regional office of education or
intermediate service center for the school district under
Section 10-20.56 of this Code shall be considered as full days
of attendance under this Section.
    (b) A pupil regularly enrolled in a public school for only
a part of the school day may be counted on the basis of
one-sixth of a school day for every class hour of instruction
of 40 minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of 80
minutes or more of instruction, in which case the pupil may be
counted on the basis of the proportion of minutes of school
work completed each day to the minimum number of minutes that
school work is required to be held that day.
    (c) A session of 4 or more clock hours may be counted as a
day of attendance upon certification by the regional
superintendent of schools and approval by the State
Superintendent of Education to the extent that the district
has been forced to use daily multiple sessions.
    (d) A session of 3 or more clock hours may be counted as a
day of attendance (1) when the remainder of the school day or
at least 2 hours in the evening of that day is utilized for an
in-service training program for teachers, up to a maximum of
10 days per school year, provided that a district conducts an
in-service training program for teachers in accordance with
Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
full days may be used, in which event each such day may be
counted as a day required for a legal school calendar pursuant
to Section 10-19 of this Code; (2) when, of the 5 days allowed
under item (1), a maximum of 4 days are used for parent-teacher
conferences, or, in lieu of 4 such days, 2 full days are used,
in which case each such day may be counted as a calendar day
required under Section 10-19 of this Code, provided that the
full-day, parent-teacher conference consists of (i) a minimum
of 5 clock hours of parent-teacher conferences, (ii) both a
minimum of 2 clock hours of parent-teacher conferences held in
the evening following a full day of student attendance and a
minimum of 3 clock hours of parent-teacher conferences held on
the day immediately following evening parent-teacher
conferences, or (iii) multiple parent-teacher conferences held
in the evenings following full days of student attendance in
which the time used for the parent-teacher conferences is
equivalent to a minimum of 5 clock hours; and (3) when days in
addition to those provided in items (1) and (2) are scheduled
by a school pursuant to its school improvement plan adopted
under Article 34 or its revised or amended school improvement
plan adopted under Article 2, provided that (i) such sessions
of 3 or more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which such
sessions occur are utilized for in-service training programs
or other staff development activities for teachers, and (iii)
a sufficient number of minutes of school work under the direct
supervision of teachers are added to the school days between
such regularly scheduled sessions to accumulate not less than
the number of minutes by which such sessions of 3 or more clock
hours fall short of 5 clock hours. Days scheduled for
in-service training programs, staff development activities, or
parent-teacher conferences may be scheduled separately for
different grade levels and different attendance centers of the
district.
    (e) A session of not less than one clock hour of teaching
hospitalized or homebound pupils on-site or by telephone to
the classroom may be counted as a half day of attendance;
however, these pupils must receive 4 or more clock hours of
instruction to be counted for a full day of attendance.
    (f) A session of at least 4 clock hours may be counted as a
day of attendance for first grade pupils and pupils in
full-day kindergartens, and a session of 2 or more hours may be
counted as a half day of attendance by pupils in kindergartens
that provide only half days of attendance.
    (g) For children with disabilities who are below the age
of 6 years and who cannot attend 2 or more clock hours because
of their disability or immaturity, a session of not less than
one clock hour may be counted as a half day of attendance;
however, for such children whose educational needs require a
session of 4 or more clock hours, a session of at least 4 clock
hours may be counted as a full day of attendance.
    (h) A recognized kindergarten that provides for only a
half day of attendance by each pupil shall not have more than
one half day of attendance counted in any one day. However,
kindergartens may count 2 and a half days of attendance in any
5 consecutive school days. When a pupil attends such a
kindergarten for 2 half days on any one school day, the pupil
shall have the following day as a day absent from school,
unless the school district obtains permission in writing from
the State Superintendent of Education. Attendance at
kindergartens that provide for a full day of attendance by
each pupil shall be counted the same as attendance by first
grade pupils. Only the first year of attendance in one
kindergarten shall be counted, except in the case of children
who entered the kindergarten in their fifth year whose
educational development requires a second year of kindergarten
as determined under rules of the State Board of Education.
    (i) On the days when the State's final accountability
assessment is administered under subsection (c) of Section
2-3.64a-5 of this Code, the day of attendance for a pupil whose
school day must be shortened to accommodate required testing
procedures may be less than 5 clock hours and shall be counted
toward the 176 days of actual pupil attendance required under
Section 10-19 of this Code, provided that a sufficient number
of minutes of school work in excess of 5 clock hours are first
completed on other school days to compensate for the loss of
school work on the examination days.
    (j) Pupils enrolled in a remote educational program
established under Section 10-29 of this Code may be counted on
the basis of a one-fifth day of attendance for every clock hour
of instruction attended in the remote educational program,
provided that, in any month, the school district may not claim
for a student enrolled in a remote educational program more
days of attendance than the maximum number of days of
attendance the district can claim (i) for students enrolled in
a building holding year-round classes if the student is
classified as participating in the remote educational program
on a year-round schedule or (ii) for students enrolled in a
building not holding year-round classes if the student is not
classified as participating in the remote educational program
on a year-round schedule.
    (j-5) The clock hour requirements of subsections (a)
through (j) of this Section do not apply if the Governor has
declared a disaster due to a public health emergency pursuant
to Section 7 of the Illinois Emergency Management Agency Act.
The State Superintendent of Education may establish minimum
clock hour requirements under Sections 10-30 and 34-18.66 if
the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act.
    (k) Pupil participation in any of the following activities
shall be counted toward the calculation of clock hours of
school work per day:
        (1) Instruction in a college course in which a student
    is dually enrolled for both high school credit and college
    credit.
        (2) Participation in a Supervised Career Development
    Experience, as defined in Section 10 of the Postsecondary
    and Workforce Readiness Act, or any work-based learning
    experience in which student participation and learning
    outcomes are directed supervised by an educator licensed
    under Article 21B for assessment of competencies.
    Participation in a work-based learning experience may
    include, but is not limited to, scheduled events of State
    FFA associations, the National FFA Organization, and 4-H
    programs as part of organized competitions or exhibitions.
    The student and the student's parent or legal guardian
    shall be responsible for obtaining assignments missed
    while the student was participating in a Supervised Career
    Development Experience or other work-based learning
    experience pursuant to this paragraph (2) from the
    student's teacher.
        (3) Participation in a youth apprenticeship, as
    jointly defined in rules of the State Board of Education
    and Department of Commerce and Economic Opportunity, in
    which student participation and outcomes are directed
    supervised by an educator licensed under Article 21B for
    assessment of competencies. The student and the student's
    parent or legal guardian shall be responsible for
    obtaining assignments missed while the student was
    participating in a youth apprenticeship pursuant to this
    paragraph (3) from the student's teacher.
        (4) Participation in a blended learning program
    approved by the school district in which course content,
    student evaluation, and instructional methods are
    supervised by an educator licensed under Article 21B.
(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)

Effective Date: 1/1/2024