(105 ILCS 5/Art. 26 heading) ARTICLE 26.
PUPILS--COMPULSORY ATTENDANCE
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(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 (i) between the ages of 7 and 17
years (unless the child has already graduated from high school) for school years before the 2014-2015 school year or (ii) between the ages
of 6 (on or before September 1) and 17 years (unless the child has already graduated from high school) beginning with the 2014-2015 school year
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 | ||
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2. Any child who is physically or mentally unable to | ||
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3. Any child necessarily and lawfully employed | ||
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4. Any child over 12 and under 14 years of age while | ||
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5. Any child absent from a public school on a | ||
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6. Any child 16 years of age or older who (i) | ||
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7. A child in any of grades 6 through 12 absent from | ||
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8. Any child absent from a public school on a | ||
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Any child from a public middle school or high school, subject to guidelines established by the State Board of Education, shall be permitted by a school board one school day-long excused absence per school year for the child who is absent from school to engage in a civic event. The school board may require that the student provide reasonable advance notice of the intended absence to the appropriate school administrator and require that the student provide documentation of participation in a civic event to the appropriate school administrator. (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23 .)
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(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
Sec. 26-2. Enrolled pupils not of compulsory school age.
(a) Any person having
custody or control of a child who is below the age of 6 years or is 17 years of age or above and who is enrolled in any of grades kindergarten
through 12 in the public school shall cause the child to attend the public
school in the district wherein he or she resides when it is in session
during the regular school term, unless the child is excused under
Section 26-1 of this Code.
(b) A school district shall deny reenrollment in its secondary schools
to any
child 19 years of age or above 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 State of Illinois High School Diploma.
(c)
A school or school district may deny enrollment to a student 17 years of age
or
older for one semester for failure to meet minimum attendance standards if all
of the
following conditions are met:
(1) The student was absent without valid cause for | ||
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(2) The student and the student's parent or guardian | ||
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(3) The student's parent or guardian is provided with | ||
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(4) The student is provided with attendance | ||
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(5) The student is absent without valid cause for 20% | ||
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A school or school district may not deny enrollment to a student (or
reenrollment
to a dropout) who is at least 17
years of age or older but below 19
years for more
than one consecutive semester for failure to meet attendance
standards.
(d) No child may be denied reenrollment under this
Section in violation
of the federal Individuals with Disabilities Education Act or the Americans with
Disabilities Act.
(e) In this subsection (e), "reenrolled student" means a dropout who has
reenrolled
full-time in a public school. Each school district shall identify, track, and
report on the
educational progress and outcomes of reenrolled students as a subset of the
district's
required reporting on all enrollments.
A reenrolled student who again drops out must not be counted again
against a district's dropout rate performance measure.
The State
Board of Education shall set performance standards for programs serving
reenrolled
students.
(f) The State Board of Education shall adopt any rules necessary to
implement the
changes to this Section made by Public Act 93-803.
(Source: P.A. 102-981, eff. 1-1-23; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) (Text of Section before amendment by 102-466 )
Sec. 26-2a. A "truant" is defined as a child who is subject to compulsory school
attendance and who is absent without valid cause, as defined under this Section, from such attendance for more than 1% but less than 5% of the past 180 school days. "Valid cause" for absence shall be illness, including the mental or behavioral health of the student, observance of a religious
holiday, death in the immediate family, attendance at a civic event,
or family emergency and shall include such other situations beyond the control
of the student, as determined by the board of education in each district,
or such other circumstances which cause reasonable concern to the parent
for the mental, emotional, or physical health or safety of the student. "Chronic or habitual truant" shall be defined as a child who is subject to compulsory
school attendance and who is absent without valid cause from such attendance
for 5% or more of the previous 180 regular attendance days. "Civic event" means an event sponsored by a non-profit organization or governmental entity that is open to the public. "Civic event" includes, but is not limited to, an artistic or cultural performance or educational gathering that supports the mission of the sponsoring non-profit organization. The State Board of Education may adopt rules to further define "civic event". "Truant minor" is defined as a chronic truant to whom supportive
services, including prevention, diagnostic, intervention and remedial
services, alternative programs and other school and community resources
have been provided and have failed to result in the cessation of chronic
truancy, or have been offered and refused. A "dropout" is defined as any child enrolled in grades 9 through 12 whose
name has been removed from the district enrollment roster for any reason
other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a
program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country. "Religion" for the purposes of this Article, includes all aspects of
religious observance and practice, as well as belief. (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23.) (Text of Section after amendment by P.A. 102-466 )
Sec. 26-2a. A "truant" is defined as a child who is subject to compulsory school
attendance and who is absent without valid cause, as defined under this Section, from such attendance for more than 1% but less than 5% of the past 180 school days. "Valid cause" for absence shall be illness, including the mental or behavioral health of the student, attendance at a verified medical or therapeutic appointment, appointment with a victim services provider, observance of a religious
holiday, death in the immediate family, attendance at a civic event,
or family emergency and shall include such other situations beyond the control
of the student, as determined by the board of education in each district,
or such other circumstances which cause reasonable concern to the parent
for the mental, emotional, or physical health or safety of the student. For purposes of a student who is an expectant parent, or parent, or victim of domestic or sexual violence, "valid cause" for absence includes (i) the fulfillment of a parenting responsibility, including, but not limited to, arranging and providing child care, caring for a sick child, attending prenatal or other medical appointments for the expectant student, and attending medical appointments for a child, and (ii) addressing circumstances resulting from domestic or sexual violence, including, but not limited to, experiencing domestic or sexual violence, recovering from physical or psychological injuries, seeking medical attention, seeking services from a domestic or sexual violence organization, as defined in Article 26A, seeking psychological or other counseling, participating in safety planning, temporarily or permanently relocating, seeking legal assistance or remedies, or taking any other action to increase the safety or health of the student or to protect the student from future domestic or sexual violence. A school district may require a student to verify his or her claim of domestic or sexual violence under Section 26A-45 prior to the district approving a valid cause for an absence of 3 or more consecutive days that is related to domestic or sexual violence. "Chronic or habitual truant" shall be defined as a child who is subject to compulsory
school attendance and who is absent without valid cause from such attendance
for 5% or more of the previous 180 regular attendance days. "Civic event" means an event sponsored by a non-profit organization or governmental entity that is open to the public. "Civic event" includes, but is not limited to, an artistic or cultural performance or educational gathering that supports the mission of the sponsoring non-profit organization. The State Board of Education may adopt rules to further define "civic event". "Truant minor" is defined as a chronic truant to whom supportive
services, including prevention, diagnostic, intervention and remedial
services, alternative programs and other school and community resources
have been provided and have failed to result in the cessation of chronic
truancy, or have been offered and refused. A "dropout" is defined as any child enrolled in grades 9 through 12 whose
name has been removed from the district enrollment roster for any reason
other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a
program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country. "Religion" for the purposes of this Article, includes all aspects of
religious observance and practice, as well as belief. (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-466, eff. 7-1-25; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23 .) |
(105 ILCS 5/26-2b) (from Ch. 122, par. 26-2b)
Sec. 26-2b.
Any child enrolled in a public school who is unable,
because of the observance of a religious holiday, to attend classes on a
particular day or days or at a particular time of day shall be excused from
any examination or any study or work assignments on such particular day or
days or at such particular time of day. It shall be the responsibility of
the teachers and of the administrative officials of each public school to
make available to each child who is absent from school because of the
observance of a religious holiday an equivalent opportunity to make up any
examination, study or work requirements which he has missed because of such
absence on any particular day or days or at any particular time of day. No
special fees of any kind shall be charged to the child for making available
to such child such equivalent opportunity. No adverse or prejudicial
effects shall result to any child because of his availing himself of the
provisions of this Section.
(Source: P.A. 102-406, eff. 8-19-21.)
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(105 ILCS 5/26-3) (from Ch. 122, par. 26-3)
Sec. 26-3.
Teachers furnished list-Report of non-attendance-Report
of persons not on list.
The clerk or secretary of the school board of all school districts
except those employing district truant officers shall furnish the
superintendent of schools at the beginning of the school year a list of the names and
addresses of the children living in the district who come under the
provisions of this Article and of persons having custody or control of
such children. The superintendent shall at the opening of school and at other
times when required by the regional superintendent of schools compare the
list with the enrollment of the school or schools and report to the regional
superintendent of schools the names of persons having custody or control
of children included under the provisions of this Article who are truant
or who are chronic or habitual truants for whom supportive services and
other school resources have failed to correct the truant behavior and who are not in
regular attendance at the public school, and the names of such children
and their ages, stating in each case, if known, the cause of such
absence. The report shall also contain the names of any other persons
who were not enumerated in the list at the beginning of school and who
have the custody or control of children not attending school. The regional
superintendent shall, without delay, place such information at the
disposal of the regional truant officer.
(Source: P.A. 80-908.)
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(105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a)
Sec. 26-3a. Report of pupils no longer enrolled in school.
The clerk or secretary of the school board of all school districts shall
furnish quarterly on the first school day of October, January, April and
July to the regional superintendent and to the Secretary of State a list of pupils, excluding
transferees, who have been expelled or have withdrawn or who have left
school and have been removed from the regular attendance rolls during the
period of time school was in regular session from the time of the previous
quarterly report. Such list shall include the names and addresses of pupils
formerly in attendance, the names and addresses of persons having custody
or control of such pupils, the reason, if known, such pupils are no longer
in attendance and the date of removal from the attendance rolls. The list shall also include the names of: pupils whose withdrawal is due to extraordinary circumstances, including but not limited to economic or medical necessity or family hardship, as determined by the criteria established by the school district; pupils who have re-enrolled in school since their names were removed from the attendance rolls; any pupil certified to be a chronic or habitual truant, as defined in Section 26-2a; and pupils previously certified as chronic or habitual truants who have resumed regular school attendance. The
regional superintendent shall inform the county or district truant officer
who shall investigate to see that such pupils are in compliance with the
requirements of this Article.
Each local school district shall establish, in writing, a set of criteria for use by the local superintendent of schools in determining whether a pupil's failure to attend school is the result of extraordinary circumstances, including but not limited to economic or medical necessity or family hardship. If a pupil re-enrolls in school after his or her name was removed from the attendance rolls or resumes regular attendance after being certified a chronic or habitual truant, the pupil must obtain and forward to the Secretary of State, on a form designated by the Secretary of State, verification of his or her re-enrollment. The verification may be in the form of a signature or seal or in any other form determined by the school board.
The State Board of Education shall, if possible, make available to any person, upon request, a comparison of drop out rates before and after the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-916, eff. 7-1-07; 95-496, eff. 8-28-07.)
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(105 ILCS 5/26-3b) (from Ch. 122, par. 26-3b)
Sec. 26-3b.
Beginning July 1, 1986, if any child enrolled in a public school
in grades Kindergarten through 8 is absent from school, and there is no record
that such absence is for a valid cause, as defined under Article 26 of this
Code, nor notification that the absence has been authorized by the parent,
legal guardian or other person having legal custody of such child, an
employee or other agent, whether a volunteer or otherwise, designated by
the public school in which the child
is enrolled shall, within 2 hours after the first class in which the child
is enrolled, make a reasonable effort to promptly telephone and notify
the parent, legal guardian, or other person having legal
custody of the child, of the child's absence from school. Such
notification shall not be given for an absence authorized by the parent,
legal guardian or other person having legal custody of such child. Prior
to any enrollment of a child in a public school, the school district shall
notify parents, legal guardians, or other persons having legal custody of a
child, of their responsibility to authorize any absence and to notify the
school in advance or at the time of any such absence, and that the school
requires at least one and not more than 2 telephone numbers be given for
purposes of this Section. The school district shall require that such
telephone numbers be given at the time of enrollment of the child in
school, which said numbers may be changed from time to time upon
notification to the school.
The requirements of this Section shall have been met by the school if
notification of an absence has been attempted by telephoning the 1 or 2
numbers given the school by the parent, legal guardian or other person
having legal custody of a child, whether or not there is any answer at such
telephone number or numbers. Further, the requirements of this Section
shall have been met if the said notification is given to a member of the
household of the child's parent, legal guardian or other person having
legal custody of the child, which said member of the household must be 10
years of age or older.
An employee or other agent designated by the public school who in good
faith makes a reasonable effort to notify the parent, legal guardian or
other person having legal custody of a child of the child's absence from
school, when required by this Section, shall not, as a result of his acts
or omissions, except wilful or wanton misconduct on the part of such
employee or agent in attempting to comply with the notification
requirements of this Section, be liable for civil damages.
(Source: P.A. 84-178; 84-682.)
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