HB4240 99TH GENERAL ASSEMBLY

LRB099 12918 NHT 36772 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4240

Introduced , by Rep. Mary E. Flowers - La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

105 ILCS 5/26-8	from Ch. 122, par. 26-8
105 ILCS 5/26-10	from Ch. 122, par. 26-10
105 ILCS 5/26-13	from Ch. 122, par. 26-13

Amends the Compulsory Attendance Article of the School Code. Provides that any person having custody or control of a child subject to the Article to whom notice has been given of the child's truancy and who knowingly and willfully permits such a child to persist in his or her truancy within that school year must complete a parent education course or undergo family counseling upon a finding by the school board of a violation (instead of providing that the person is guilty of a Class C misdemeanor and is subject to not more than 30 days imprisonment or a fine of up to $500 or both upon conviction thereof). Makes related changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 26-8, 26-10, and 26-13 as follows:

(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, 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 not been complied with, and if the persons having custody or control have knowingly and willfully 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, if age appropriate at the discretion of the regional superintendent, 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 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. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)

(105 ILCS 5/26-10) (from Ch. 122, par. 26-10)

Sec. 26-10. Noncompliance. Fine for noncompliance.) Any person having custody or control of a child subject to the provisions of this Article to whom notice has been given of the child's truancy and who knowingly and willfully wilfully permits such a child to persist in his or her truancy within that school year must complete a parent education course or undergo family counseling upon a finding by the school board of a violation of this Section , upon conviction thereof shall be guilty of a Class C misdemeanor and shall be subject to not more than 30 days imprisonment and/or a fine of up to $500.

(Source: P.A. 80-908.)

(105 ILCS 5/26-13) (from Ch. 122, par. 26-13)

Sec. 26-13. Absenteeism and truancy policies. School districts shall adopt policies, consistent with rules adopted by the State Board of Education, which identify the appropriate supportive services and available resources which are provided for truants and chronic truants and the persons having custody or control of these children.

(Source: P.A. 84-1420.)