HB4170 101ST GENERAL ASSEMBLY

LRB101 16382 CMG 65760 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4170

Introduced 1/22/2020, by Rep. Deb Conroy

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-30 new
105 ILCS 5/26-1	from Ch. 122, par. 26-1
105 ILCS 5/34-21.9 new

Amends the School Code. Allows a school board to establish a voluntary "civic engagement day" in which a student in the seventh through 12th grade may request an excused absence of not more than one full school day per school year to participate in an organized civic engagement activity or event. Sets forth the requirements that a student must satisfy to receive the excused absence to participate in the organized civic engagement activity or event. Provides that a school official may not deny a requested absence because of the content or purpose of the civic engagement activity or event. Effective immediately.

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 adding Sections 10-30 and 34-21.9 and by changing Section 26-1 as follows:

(105 ILCS 5/10-30 new)

Sec. 10-30. Civic engagement day.

(a) To encourage students to participate in civic activities and events, a school board may establish a "civic engagement day" in which students in grades seventh through 12th may request from their school an excused absence of not more than one full school day per school year to participate in an organized civic engagement activity or event. A school district that establishes a civic engagement day may not require a student to participate in a civic engagement activity or event.

(b) To receive an excused absence to participate in an organized civic engagement activity or event under this Section, a student must, prior to the date of the requested absence, do both of the following:

(1) Submit a written request for approval of the absence to the appropriate school official. The written request must include notice of the student's intent to participate in an organized civic engagement activity or event on the date of the requested absence. The school official must approve or deny the student's request for an excused absence. The school official may not deny the requested absence for reasons based on the content or purpose of the civic engagement activity or event.

(2) Provide written consent to the school official from the student's parent or guardian approving the student's participation in the organized civic engagement activity or event on the date of the requested absence. The written consent from the student's parent or guardian must contain an acknowledgment that the student's participation in the civic engagement activity or event is voluntary and is not an activity or event sanctioned or required by the school district. The student's parent or guardian must also acknowledge that he or she is responsible for the student's participation in the activity or event on the day of the excused absence.

Following the date of the excused absence, the student must provide sufficient evidence or documentation to the school that on the date of the excused absence he or she participated in the civic engagement activity or event.

(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 school where children are taught the branches of education taught to children of corresponding age and grade in the public schools, and where the instruction of the child in the branches of education is in the English language;

2. Any child who is physically or mentally unable to attend school, such disability being certified to the county or district truant officer by a competent physician licensed in Illinois to practice medicine and surgery in all its branches, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, a licensed physician assistant, or a Christian Science practitioner residing in this State and listed in the Christian Science Journal; or who is excused for temporary absence for cause by the principal or teacher of the school which the child attends; the exemptions in this paragraph (2) do not apply to any female who is pregnant or the mother of one or more children, except where a female is unable to attend school due to a complication arising from her pregnancy and the existence of such complication is certified to the county or district truant officer by a competent physician;

3. Any child necessarily and lawfully employed according to the provisions of the law regulating child labor may be excused from attendance at school by the county superintendent of schools or the superintendent of the public school which the child should be attending, on certification of the facts by and the recommendation of the school board of the public school district in which the child resides. In districts having part-time continuation schools, children so excused shall attend such schools at least 8 hours each week;

4. Any child over 12 and under 14 years of age while in attendance at confirmation classes;

5. Any child absent from a public school on a particular day or days or at a particular time of day for the reason that he is unable to attend classes or to participate in any examination, study or work requirements on a particular day or days or at a particular time of day, because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day. Each school board shall prescribe rules and regulations relative to absences for religious holidays including, but not limited to, a list of religious holidays on which it shall be mandatory to excuse a child; but nothing in this paragraph 5 shall be construed to limit the right of any school board, at its discretion, to excuse an absence on any other day by reason of the observance of a religious holiday. A school board may require the parent or guardian of a child who is to be excused from attending school due to the observance of a religious holiday to give notice, not exceeding 5 days, of the child's absence to the school principal or other school personnel. Any child excused from attending school under this paragraph 5 shall not be required to submit a written excuse for such absence after returning to school;

6. Any child 16 years of age or older who (i) submits to a school district evidence of necessary and lawful employment pursuant to paragraph 3 of this Section and (ii) is enrolled in a graduation incentives program pursuant to Section 26-16 of this Code or an alternative learning opportunities program established pursuant to Article 13B of this Code;

7. A child in any of grades 6 through 12 absent from a public school on a particular day or days or at a particular time of day for the purpose of sounding "Taps" at a military honors funeral held in this State for a deceased veteran. In order to be excused under this paragraph 7, the student shall notify the school's administration at least 2 days prior to the date of the absence and shall provide the school's administration with the date, time, and location of the military honors funeral. The school's administration may waive this 2-day notification requirement if the student did not receive at least 2 days advance notice, but the student shall notify the school's administration as soon as possible of the absence. A student whose absence is excused under this paragraph 7 shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under this paragraph 7 must be allowed a reasonable time to make up school work missed during the absence. If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance and he or she may not be penalized for that absence; and

8. Any child absent from a public school on a particular day or days or at a particular time of day for the reason that his or her parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat-support postings. Such a student shall be granted 5 days of excused absences in any school year and, at the discretion of the school board, additional excused absences to visit the student's parent or legal guardian relative to such leave or deployment of the parent or legal guardian. In the case of excused absences pursuant to this paragraph 8, the student and parent or legal guardian shall be responsible for obtaining assignments from the student's teacher prior to any period of excused absence and for ensuring that such assignments are completed by the student prior to his or her return to school from such period of excused absence.

9. A child participating in a civic engagement activity or event in compliance with Section 10-30 or 34-21.9 of this Code.

(Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17; 100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)

(105 ILCS 5/34-21.9 new)

Sec. 34-21.9. Civic engagement day.

(a) To encourage students to participate in civic activities and events, the board may establish a "civic engagement day" in which students in grades seventh through 12th may request from their school an excused absence of not more than one full school day per school year to participate in an organized civic engagement activity or event. In establishing a civic engagement day, the school district may not require a student to participate in a civic engagement activity or event.

(b) To receive an excused absence to participate in an organized civic engagement activity or event, a student must, prior to the date of the requested absence, do both of the following:

(1) Submit a written request for approval of the absence to the appropriate school official. The written request must include notice of the student's intent to participate in an organized civic engagement activity or event on the date of the requested absence. The school official must approve or deny the student's request for an excused absence. The school official may not deny the requested absence for reasons based on the content or purpose of the civic engagement activity or event.

(2) Provide written consent to the school official from the student's parent or guardian approving the student's participation in the organized civic engagement activity or event on the date of the requested absence. The written consent from the student's parent or guardian must contain an acknowledgment that the student's participation in the civic engagement activity or event is voluntary and is not an activity or event sanctioned or required by the school district. The student's parent or guardian must also acknowledge that he or she is responsible for the student's participation in the activity or event on the day of the excused absence.

Following the date of the excused absence, the student must provide sufficient evidence or documentation to the school official that on the date of the excused absence he or she participated in the civic engagement activity or event.

Section 99. Effective date. This Act takes effect upon becoming law.