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| Public Act 093-0803 |
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AN ACT with regard to schools.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The School Code is amended by changing
Section | ||||
26-2 as follows:
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(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
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Sec. 26-2. Enrolled pupils below 7 or over 16.
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(a) Any person having custody or
control of a child who is | ||||
below the age of 7 years 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
paragraphs 2, 3, 4 or 5 | ||||
of Section 26-1.
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(b) A school district shall deny reenrollment in its | ||||
secondary schools
to any
child above the age of 19
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 an alternative | ||||
learning
opportunities program established
under Article 13B.
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No
child shall be denied reenrollment for the above reasons
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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
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process, the school district must provide counseling to that | ||||
child and
must direct that child to
alternative educational
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programs, including adult education programs, that lead to | ||||
graduation or
receipt of a GED diploma.
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(c) A school or school district may deny enrollment to a | ||||
student 16 years
of age
or older for one semester for failure | ||||
to meet minimum academic standards if all
of the
following | ||||
conditions are met:
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(1) The student achieved a grade point average of less | ||
than "D" (or its
equivalent)
in the semester immediately | ||
prior to the current semester.
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(2) The student and the student's parent or guardian | ||
are given written
notice
warning that the student is | ||
failing academically and is subject to denial from
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enrollment for one semester unless a "D" average (or its | ||
equivalent) or better
is attained in the
current
semester.
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(3) The parent or guardian is provided with the right | ||
to appeal the
notice, as
determined by the State Board of | ||
Education in accordance with due process.
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(4) The student is provided with an academic | ||
improvement plan and academic
remediation services.
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(5) The student fails to achieve a "D" average (or its | ||
equivalent) or
better in the current
semester.
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A school or school district may deny enrollment to a | ||
student 16 years of age
or
older for one semester for failure | ||
to meet minimum attendance standards if all
of the
following | ||
conditions are met:
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(1) The student was absent without valid cause for 20% | ||
or more of the
attendance
days in the semester immediately | ||
prior to the current semester.
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(2) The student and the student's parent or guardian | ||
are given written
notice
warning that the student is | ||
subject to denial from enrollment for one
semester
unless | ||
the student is absent without valid cause less than 20% of | ||
the
attendance days
in the current semester.
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(3) The student's parent or guardian is provided with | ||
the right to appeal
the
notice, as determined by the State | ||
Board of Education in accordance with due
process.
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(4) The student is provided with attendance | ||
remediation services,
including
without limitation | ||
assessment, counseling, and support services.
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(5) The student is absent without valid cause for 20% | ||
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 | ||
student (or
reenrollment
to a dropout) who is at least 16 years | ||
of age or older but not more than 19
years for more
than one | ||
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 this
Section in violation
of the Individuals with | ||
Disabilities Education Act or the Americans with
Disabilities | ||
Act.
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(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
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educational progress and outcomes of reenrolled students as a | ||
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 | ||
again
against a district's dropout rate performance measure.
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The State
Board of Education shall set performance standards | ||
for programs serving
reenrolled
students.
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(f) The State Board of Education shall adopt any rules | ||
necessary to
implement the
changes to this Section made by this | ||
amendatory Act of the 93rd General
Assembly.
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(Source: P.A. 92-42, eff. 1-1-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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