Sen. Kimberly A. Lightford

Filed: 5/17/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1307

2    AMENDMENT NO. ______. Amend Senate Bill 1307 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-22.18, 26-1, and 26-2 and by adding Section 34-18.27a as
6follows:
 
7    (105 ILCS 5/10-22.18)  (from Ch. 122, par. 10-22.18)
8    Sec. 10-22.18. Kindergartens. To establish kindergartens
9for the instruction of children between the ages of 4 and 6
10years, if in their judgment the public interest requires it,
11and to pay the necessary expenses thereof out of the school
12funds of the district. Upon petition of at least 50 parents or
13guardians of children between the ages of 4 and 6, residing
14within any school district and within one mile of the public
15school where such kindergarten is proposed to be established,
16the board of directors shall, if funds are available, establish

 

 

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1a kindergarten in connection with the public school designated
2in the petition and maintain it as long as the annual average
3daily attendance therein is not less than 15. The board may
4establish a kindergarten with half-day attendance or with
5full-day attendance. If the board establishes full-day
6kindergarten, it shall also establish half-day kindergarten.
7No one shall be employed to teach in a kindergarten who does
8not hold a certificate as provided by law.
9    Beginning with the 2013-2014 school year, each school
10district must establish kindergarten for the instruction of
11children who are 6 years of age on or before September 1.
12(Source: P.A. 84-1308.)
 
13    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
14    Sec. 26-1. Compulsory school age-Exemptions. Whoever has
15custody or control of any child (i) between the ages of 7 and
1617 years (unless the child has already graduated from high
17school) for school years before the 2013-2014 school year or
18(ii) between the ages of 6 (on or before September 1) and 17
19years for school years after the 2012-2013 school year shall
20cause such child to attend some public school in the district
21wherein the child resides the entire time it is in session
22during the regular school term, except as provided in Section
2310-19.1, and during a required summer school program
24established under Section 10-22.33B; provided, that the
25following children shall not be required to attend the public

 

 

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1schools:
2        1. Any child attending a private or a parochial school
3    where children are taught the branches of education taught
4    to children of corresponding age and grade in the public
5    schools, and where the instruction of the child in the
6    branches of education is in the English language;
7        2. Any child who is physically or mentally unable to
8    attend school, such disability being certified to the
9    county or district truant officer by a competent physician
10    licensed in Illinois to practice medicine and surgery in
11    all its branches, a chiropractic physician licensed under
12    the Medical Practice Act of 1987, an advanced practice
13    nurse who has a written collaborative agreement with a
14    collaborating physician that authorizes the advanced
15    practice nurse to perform health examinations, a physician
16    assistant who has been delegated the authority to perform
17    health examinations by his or her supervising physician, or
18    a Christian Science practitioner residing in this State and
19    listed in the Christian Science Journal; or who is excused
20    for temporary absence for cause by the principal or teacher
21    of the school which the child attends; the exemptions in
22    this paragraph (2) do not apply to any female who is
23    pregnant or the mother of one or more children, except
24    where a female is unable to attend school due to a
25    complication arising from her pregnancy and the existence
26    of such complication is certified to the county or district

 

 

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1    truant officer by a competent physician;
2        3. Any child necessarily and lawfully employed
3    according to the provisions of the law regulating child
4    labor may be excused from attendance at school by the
5    county superintendent of schools or the superintendent of
6    the public school which the child should be attending, on
7    certification of the facts by and the recommendation of the
8    school board of the public school district in which the
9    child resides. In districts having part time continuation
10    schools, children so excused shall attend such schools at
11    least 8 hours each week;
12        4. Any child over 12 and under 14 years of age while in
13    attendance at confirmation classes;
14        5. Any child absent from a public school on a
15    particular day or days or at a particular time of day for
16    the reason that he is unable to attend classes or to
17    participate in any examination, study or work requirements
18    on a particular day or days or at a particular time of day,
19    because the tenets of his religion forbid secular activity
20    on a particular day or days or at a particular time of day.
21    Each school board shall prescribe rules and regulations
22    relative to absences for religious holidays including, but
23    not limited to, a list of religious holidays on which it
24    shall be mandatory to excuse a child; but nothing in this
25    paragraph 5 shall be construed to limit the right of any
26    school board, at its discretion, to excuse an absence on

 

 

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1    any other day by reason of the observance of a religious
2    holiday. A school board may require the parent or guardian
3    of a child who is to be excused from attending school due
4    to the observance of a religious holiday to give notice,
5    not exceeding 5 days, of the child's absence to the school
6    principal or other school personnel. Any child excused from
7    attending school under this paragraph 5 shall not be
8    required to submit a written excuse for such absence after
9    returning to school; and
10        6. Any child 16 years of age or older who (i) submits
11    to a school district evidence of necessary and lawful
12    employment pursuant to paragraph 3 of this Section and (ii)
13    is enrolled in a graduation incentives program pursuant to
14    Section 26-16 of this Code or an alternative learning
15    opportunities program established pursuant to Article 13B
16    of this Code.
17(Source: P.A. 96-367, eff. 8-13-09.)
 
18    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
19    Sec. 26-2. Enrolled pupils not of compulsory school age
20below 7 or over 17.
21    (a) For school years before the 2013-2014 school year, any
22Any person having custody or control of a child who is below
23the age of 7 years or is 17 years of age or above and who is
24enrolled in any of grades kindergarten through 12 in the public
25school shall cause him to attend the public school in the

 

 

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1district wherein he resides when it is in session during the
2regular school term, unless he is excused under paragraph 2, 3,
34, 5, or 6 of Section 26-1. For school years after the
42012-2013 school year, any person having custody or control of
5a child who is below the age of 6 years or above the age of 17
6years and who is enrolled in any of grades kindergarten through
712 in the public school shall cause the child to attend the
8public school in the district wherein he or she resides when it
9is in session during the regular school term unless the child
10is excused under paragraphs 2, 3, 4, or 5 of Section 26-1 of
11this Code.
12    (b) A school district shall deny reenrollment in its
13secondary schools to any child 19 years of age or above who has
14dropped out of school and who could not, because of age and
15lack of credits, attend classes during the normal school year
16and graduate before his or her twenty-first birthday. A
17district may, however, enroll the child in a graduation
18incentives program under Section 26-16 of this Code or an
19alternative learning opportunities program established under
20Article 13B. No child shall be denied reenrollment for the
21above reasons unless the school district first offers the child
22due process as required in cases of expulsion under Section
2310-22.6. If a child is denied reenrollment after being provided
24with due process, the school district must provide counseling
25to that child and must direct that child to alternative
26educational programs, including adult education programs, that

 

 

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1lead to graduation or receipt of a GED diploma.
2    (c) A school or school district may deny enrollment to a
3student 17 years of age or older for one semester for failure
4to meet minimum academic standards if all of the following
5conditions are met:
6        (1) The student achieved a grade point average of less
7    than "D" (or its equivalent) in the semester immediately
8    prior to the current semester.
9        (2) The student and the student's parent or guardian
10    are given written notice warning that the student is
11    failing academically and is subject to denial from
12    enrollment for one semester unless a "D" average (or its
13    equivalent) or better is attained in the current semester.
14        (3) The parent or guardian is provided with the right
15    to appeal the notice, as determined by the State Board of
16    Education in accordance with due process.
17        (4) The student is provided with an academic
18    improvement plan and academic remediation services.
19        (5) The student fails to achieve a "D" average (or its
20    equivalent) or better in the current semester.
21    A school or school district may deny enrollment to a
22student 17 years of age or older for one semester for failure
23to meet minimum attendance standards if all of the following
24conditions are met:
25        (1) The student was absent without valid cause for 20%
26    or more of the attendance days in the semester immediately

 

 

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1    prior to the current semester.
2        (2) The student and the student's parent or guardian
3    are given written notice warning that the student is
4    subject to denial from enrollment for one semester unless
5    the student is absent without valid cause less than 20% of
6    the attendance days in the current semester.
7        (3) The student's parent or guardian is provided with
8    the right to appeal the notice, as determined by the State
9    Board of Education in accordance with due process.
10        (4) The student is provided with attendance
11    remediation services, including without limitation
12    assessment, counseling, and support services.
13        (5) The student is absent without valid cause for 20%
14    or more of the attendance days in the current semester.
15    A school or school district may not deny enrollment to a
16student (or reenrollment to a dropout) who is at least 17 years
17of age or older but below 19 years for more than one
18consecutive semester for failure to meet academic or attendance
19standards.
20    (d) No child may be denied enrollment or reenrollment under
21this Section in violation of the Individuals with Disabilities
22Education Act or the Americans with Disabilities Act.
23    (e) In this subsection (e), "reenrolled student" means a
24dropout who has reenrolled full-time in a public school. Each
25school district shall identify, track, and report on the
26educational progress and outcomes of reenrolled students as a

 

 

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1subset of the district's required reporting on all enrollments.
2A reenrolled student who again drops out must not be counted
3again against a district's dropout rate performance measure.
4The State Board of Education shall set performance standards
5for programs serving reenrolled students.
6    (f) The State Board of Education shall adopt any rules
7necessary to implement the changes to this Section made by
8Public Act 93-803.
9(Source: P.A. 95-417, eff. 8-24-07.)
 
10    (105 ILCS 5/34-18.27a new)
11    Sec. 34-18.27a. Mandatory kindergarten. Beginning with the
122013-2014 school year, the board must establish kindergarten
13for the instruction of children who are 6 years of age on or
14before September 1. The board may elect to establish either
15full-day or half-day attendance for kindergarten.
 
16    Section 99. Effective date. This Act takes effect July 1,
172014.".