100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5695

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/26-1  from Ch. 122, par. 26-1

    Amends the School Code. Makes technical and revisory changes in a Section concerning the compulsory school age.


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A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
526-1 as follows:
 
6    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
7    Sec. 26-1. Compulsory school age; exemptions
8age-Exemptions. Whoever has custody or control of any child (i)
9between the the ages of 7 and 17 years (unless the child has
10already graduated from high school) for school years before the
112014-2015 school year or (ii) between the ages of 6 (on or
12before September 1) and 17 years (unless the child has already
13graduated from high school) beginning with the 2014-2015 school
14year shall cause such child to attend some public school in the
15district wherein the child resides the entire time it is in
16session during the regular school term, except as provided in
17Section 10-19.1, and during a required summer school program
18established under Section 10-22.33B; provided, that the
19following children shall not be required to attend the public
20schools:
21        1. Any child attending a private or a parochial school
22    where children are taught the branches of education taught
23    to children of corresponding age and grade in the public

 

 

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1    schools, and where the instruction of the child in the
2    branches of education is in the English language;
3        2. Any child who is physically or mentally unable to
4    attend school, such disability being certified to the
5    county or district truant officer by a competent physician
6    licensed in Illinois to practice medicine and surgery in
7    all its branches, a chiropractic physician licensed under
8    the Medical Practice Act of 1987, a licensed advanced
9    practice registered nurse, a licensed physician assistant,
10    or a Christian Science practitioner residing in this State
11    and listed in the Christian Science Journal; or who is
12    excused for temporary absence for cause by the principal or
13    teacher of the school which the child attends; the
14    exemptions in this paragraph (2) do not apply to any female
15    who is pregnant or the mother of one or more children,
16    except where a female is unable to attend school due to a
17    complication arising from her pregnancy and the existence
18    of such complication is certified to the county or district
19    truant officer by a competent physician;
20        3. Any child necessarily and lawfully employed
21    according to the provisions of the law regulating child
22    labor may be excused from attendance at school by the
23    county superintendent of schools or the superintendent of
24    the public school which the child should be attending, on
25    certification of the facts by and the recommendation of the
26    school board of the public school district in which the

 

 

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1    child resides. In districts having part-time part time
2    continuation schools, children so excused shall attend
3    such schools at least 8 hours each week;
4        4. Any child over 12 and under 14 years of age while in
5    attendance at confirmation classes;
6        5. Any child absent from a public school on a
7    particular day or days or at a particular time of day for
8    the reason that he is unable to attend classes or to
9    participate in any examination, study or work requirements
10    on a particular day or days or at a particular time of day,
11    because the tenets of his religion forbid secular activity
12    on a particular day or days or at a particular time of day.
13    Each school board shall prescribe rules and regulations
14    relative to absences for religious holidays including, but
15    not limited to, a list of religious holidays on which it
16    shall be mandatory to excuse a child; but nothing in this
17    paragraph 5 shall be construed to limit the right of any
18    school board, at its discretion, to excuse an absence on
19    any other day by reason of the observance of a religious
20    holiday. A school board may require the parent or guardian
21    of a child who is to be excused from attending school due
22    to the observance of a religious holiday to give notice,
23    not exceeding 5 days, of the child's absence to the school
24    principal or other school personnel. Any child excused from
25    attending school under this paragraph 5 shall not be
26    required to submit a written excuse for such absence after

 

 

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1    returning to school;
2        6. Any child 16 years of age or older who (i) submits
3    to a school district evidence of necessary and lawful
4    employment pursuant to paragraph 3 of this Section and (ii)
5    is enrolled in a graduation incentives program pursuant to
6    Section 26-16 of this Code or an alternative learning
7    opportunities program established pursuant to Article 13B
8    of this Code;
9        7. A child in any of grades 6 through 12 absent from a
10    public school on a particular day or days or at a
11    particular time of day for the purpose of sounding "Taps"
12    at a military honors funeral held in this State for a
13    deceased veteran. In order to be excused under this
14    paragraph 7, the student shall notify the school's
15    administration at least 2 days prior to the date of the
16    absence and shall provide the school's administration with
17    the date, time, and location of the military honors
18    funeral. The school's administration may waive this 2-day
19    notification requirement if the student did not receive at
20    least 2 days advance notice, but the student shall notify
21    the school's administration as soon as possible of the
22    absence. A student whose absence is excused under this
23    paragraph 7 shall be counted as if the student attended
24    school for purposes of calculating the average daily
25    attendance of students in the school district. A student
26    whose absence is excused under this paragraph 7 must be

 

 

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1    allowed a reasonable time to make up school work missed
2    during the absence. If the student satisfactorily
3    completes the school work, the day of absence shall be
4    counted as a day of compulsory attendance and he or she may
5    not be penalized for that absence; and
6        8. Any child absent from a public school on a
7    particular day or days or at a particular time of day for
8    the reason that his or her parent or legal guardian is an
9    active duty member of the uniformed services and has been
10    called to duty for, is on leave from, or has immediately
11    returned from deployment to a combat zone or combat-support
12    postings. Such a student shall be granted 5 days of excused
13    absences in any school year and, at the discretion of the
14    school board, additional excused absences to visit the
15    student's parent or legal guardian relative to such leave
16    or deployment of the parent or legal guardian. In the case
17    of excused absences pursuant to this paragraph 8, the
18    student and parent or legal guardian shall be responsible
19    for obtaining assignments from the student's teacher prior
20    to any period of excused absence and for ensuring that such
21    assignments are completed by the student prior to his or
22    her return to school from such period of excused absence.
23(Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17;
24100-185, eff. 8-18-17; 100-513, eff. 1-1-18; revised 9-22-17.)