96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1675


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Esther Golar
 
SYNOPSIS AS INTRODUCED:
 		













105 ILCS 5/26-1
  from Ch. 122, par. 26-1








    Amends the School Code.  Makes a technical change in a Section concerning the
compulsory school age.
















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A BILL FOR









 











HB1675

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    AN ACT concerning education.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 

 
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    Section 5. The School Code is amended by changing Section 
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26-1 as follows:
 



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    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)



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    Sec. 26-1. Compulsory school age-Exemptions. Whoever has 
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custody or control of any child between the
the ages of 7 and 
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17

years (unless the child has already graduated from high 
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school)
shall cause such child to attend some public school in 
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the district
wherein the child resides the entire time it is in 
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session during the
regular school term, except as provided in 
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Section 10-19.1, and during a
required summer school program 
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established under Section 10-22.33B; provided,
that
the 
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following children shall not be required to attend the public 
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schools:
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        1. Any child attending a private or a parochial school 
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    where children
are taught the branches of education taught 
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    to children of corresponding
age and grade in the public 
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    schools, and where the instruction of the child
in the 
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    branches of education is in the English language;

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        2. Any child who is physically or mentally unable to 
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    attend school, such
disability being certified to the 
 


 






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    county or district truant officer by a
competent physician 
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    licensed in Illinois to practice medicine and surgery in 
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    all its branches, an advanced practice nurse who has a 
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    written collaborative agreement with a collaborating 
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    physician that authorizes the advanced practice nurse to 
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    perform health examinations, a physician assistant who has 
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    been delegated the authority to perform health 
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    examinations by  his or her supervising physician, or a 
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    Christian Science practitioner residing in this
State and 
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    listed in the Christian Science Journal; or who is excused 
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    for
temporary absence for cause by
the principal or teacher 
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    of the school which the child attends; the exemptions
in 
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    this paragraph (2) do not apply to any female who is 
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    pregnant or the
mother of one or more children, except 
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    where a female is unable to attend
school due to a 
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    complication arising from her pregnancy and the existence

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    of such complication is certified to the county or district 
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    truant officer
by a competent physician;

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        3. Any child necessarily and lawfully employed 
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    according to the
provisions of the law regulating child 
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    labor may be excused from attendance
at school by the 
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    county superintendent of schools or the superintendent of

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    the public school which the child should be attending, on 
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    certification of
the facts by and the recommendation of the 
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    school board of the public
school district in which the 
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    child resides. In districts having part time
continuation 
 


 






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    schools, children so excused shall attend such schools at

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    least 8 hours each week;

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

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        5. Any child absent from a public school on a 
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    particular day or days
or at a particular time of day for 
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    the reason that he is unable to attend
classes or to 
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    participate in any examination, study or work requirements 
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    on
a particular day or days or at a particular time of day, 
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    because the tenets
of his religion forbid secular activity 
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    on a particular day or days or at a
particular time of day.  
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    Each school board shall prescribe rules and
regulations 
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    relative to absences for religious holidays including, but 
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    not
limited to, a list of religious holidays on which it 
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    shall be mandatory to
excuse a child; but nothing in this 
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    paragraph 5 shall be construed to limit
the right of any 
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    school board, at its discretion, to excuse an absence on

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    any other day by reason of the observance of a religious 
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    holiday.  A school
board may require the parent or guardian 
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    of a child who is to be excused
from attending school due 
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    to the observance of a religious holiday to give
notice, 
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    not exceeding 5 days, of the child's absence to the school

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    principal or other school personnel.  Any child excused from 
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    attending
school under this paragraph 5 shall not be 
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    required to submit a written
excuse for such absence after 
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    returning to school; and
 


 






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


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(Source: P.A. 93-858, eff. 1-1-05; 94-350, eff. 7-28-05.)