SB2864 93RD GENERAL ASSEMBLY

LRB093 13604 NHT 46946 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2864

Introduced 2/6/2004, by J. Bradley Burzynski

SYNOPSIS AS INTRODUCED:

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

Amends the School Code. Requires a person having custody or control of a child who is below the compulsory school age and who is enrolled in kindergarten in a public school to cause the child to attend the public school. Includes in the definition of "dropout" a child enrolled in kindergarten. Effective June 30, 2004.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT regarding schools.

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 26-2 and 26-2a as follows:

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

Sec. 26-2. Enrolled pupils below 7 or over 16. 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 kindergarten 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.

A school district shall deny reenrollment in its secondary schools to any child 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 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 5/26-2a) (from Ch. 122, par. 26-2a)

Sec. 26-2a. A "truant" is defined as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof.

"Valid cause" for absence shall be illness, observance of a religious holiday, death in the immediate family, 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 safety or health of the student.

"Chronic or habitual truant" shall be defined as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for 10% or more of the previous 180 regular attendance days.

"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 kindergarten 1 through 12 whose name has been removed from the district enrollment roster for any reason other than his death, extended illness, graduation or completion of a program of studies and who has not transferred to another public or private school.

"Religion" for the purposes of this Article, includes all aspects of religious observance and practice, as well as belief.

(Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)

Section 99. Effective date. This Act takes effect June 30, 2004.