Illinois General Assembly - Full Text of SB2332
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Full Text of SB2332  101st General Assembly




State of Illinois
2019 and 2020


Introduced 1/8/2020, by Sen. Kimberly A. Lightford


105 ILCS 5/26-7  from Ch. 122, par. 26-7
105 ILCS 5/26-8  from Ch. 122, par. 26-8
105 ILCS 5/34-4.5
705 ILCS 405/3-33.5

    Amends the School Code and the Juvenile Court Act of 1987. Eliminates the requirement that the Chicago Board of Education establish an Office of Chronic Truant Adjudication. Requires the Chicago Board of Education to implement a socio-emotional focused attendance policy that targets the underlying causes of chronic truancy. Makes changes concerning the Chicago school district's truancy intervention services for a pupil and the pupil's parent or guardian. Revises language to make certain actions permissible rather than mandatory with respect to truancy. Makes other changes, including changes concerning penalties.

LRB101 16271 CMG 65728 b






SB2332LRB101 16271 CMG 65728 b

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 Sections
526-7, 26-8, and 34-4.5 as follows:
6    (105 ILCS 5/26-7)  (from Ch. 122, par. 26-7)
7    Sec. 26-7. Notice to custodian-Notice of non-compliance.
8If any person fails to send any child under his custody or
9control to some lawful school, the truant officer or, in a
10school district that does not have a truant officer, the
11regional superintendent of schools or his or her designee may
12shall, as soon as practicable after he is notified thereof,
13give notice in person or by mail to such person that such child
14shall be present at the proper public school on the day
15following the receipt of such notice. The notice shall state
16the date that attendance at school must begin and that such
17attendance must be continuous and consecutive in the district
18during the remainder of the school year. The truant officer or,
19in a school district that does not have a truant officer, the
20regional superintendent of schools or his or her designee may
21shall at the same time that such notice is given notify the
22teacher or superintendent of the proper public school thereof
23and the teacher or superintendent may shall notify the truant



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1officer or regional superintendent of schools of any
2non-compliance therewith.
3(Source: P.A. 93-858, eff. 1-1-05.)
4    (105 ILCS 5/26-8)  (from Ch. 122, par. 26-8)
5    Sec. 26-8. Determination as to compliance - Complaint in
6circuit court. A truant officer or, in a school district that
7does not have a truant officer, the regional superintendent of
8schools or his or her designee, after giving the notice
9provided in Section 26-7, may shall determine whether the
10notice has been complied with. If 3 notices have been given and
11the notices have not been complied with, and if the persons
12having custody or control have knowingly and willfully wilfully
13permitted the truant behavior to continue, the regional
14superintendent of schools, or his or her designee, of the
15school district where the child resides may shall conduct a
16truancy hearing. If the regional superintendent determines as a
17result of the hearing that the child is truant, the regional
18superintendent shall, if age appropriate at the discretion of
19the regional superintendent, require the student to complete 20
20to 40 hours of community service over a period of 90 days. If
21the truancy persists, the regional superintendent may shall (i)
22make complaint against the persons having custody or control to
23the state's attorney or in the circuit court in the county
24where such person resides for failure to comply with the
25provisions of this Article or (ii) conduct truancy mediation



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1and encourage the student to enroll in a graduation incentives
2program under Section 26-16 of this Code. If, however, after
3giving the notice provided in Section 26-7 the truant behavior
4has continued, and the child is beyond the control of the
5parents, guardians or custodians, a truancy petition may shall
6be filed under the provisions of Article III of the Juvenile
7Court Act of 1987.
8(Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
9    (105 ILCS 5/34-4.5)
10    Sec. 34-4.5. Chronic truants.
11    (a) Socio-emotional focused attendance policy Office of
12Chronic Truant Adjudication. The board shall implement a
13socio-emotional focused attendance policy that targets the
14underlying causes of chronic truancy. For each pupil identified
15as a chronic truant, as defined in Section 26-2a of this Code,
16the board may establish an individualized student attendance
17plan to identify and resolve the underlying cause of the
18pupil's chronic truancy. establish and implement an Office of
19Chronic Truant Adjudication, which shall be responsible for
20administratively adjudicating cases of chronic truancy and
21imposing appropriate sanctions. The board shall appoint or
22employ hearing officers to perform the adjudicatory functions
23of that Office. Principals and other appropriate personnel may
24refer pupils suspected of being chronic truants, as defined in
25Section 26-2a of this Code, to the Office of Chronic Truant



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2    (b) Notices. Prior to the implementation of any truancy
3intervention services pursuant to subsection (d) of this
4Section Before any hearing may be held under subsection (c),
5the principal of the school attended by the pupil or the
6principal's designee shall notify the pupil's parent or
7guardian by personal visit, letter, or telephone of each
8unexcused absence of the pupil. After giving the parent or
9guardian notice of the tenth unexcused absence of the pupil,
10the principal or the principal's designee shall send the
11pupil's parent or guardian a letter, by certified mail, return
12receipt requested, notifying the parent or guardian that he or
13she is subjecting himself or herself to truancy intervention
14services a hearing procedure as provided under subsection (d)
15(c) and clearly describing any and all possible penalties that
16may be imposed as provided for in subsections (d) and (e) of
17this Section.
18    (c) (Blank). Hearing. Once a pupil has been referred to the
19Office of Chronic Truant Adjudication, a hearing shall be
20scheduled before an appointed hearing officer, and the pupil
21and the pupil's parents or guardian shall be notified by
22certified mail, return receipt requested stating the time,
23place, and purpose of the hearing. The hearing officer shall
24hold a hearing and render a written decision within 14 days
25determining whether the pupil is a chronic truant as defined in
26Section 26-2a of this Code and whether the parent or guardian



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1took reasonable steps to assure the pupil's attendance at
2school. The hearing shall be private unless a public hearing is
3requested by the pupil's parent or guardian, and the pupil may
4be present at the hearing with a representative in addition to
5the pupil's parent or guardian. The board shall present
6evidence of the pupil's truancy, and the pupil and the parent
7or guardian or representative of the pupil may cross examine
8witnesses, present witnesses and evidence, and present
9defenses to the charges. All testimony at the hearing shall be
10taken under oath administered by the hearing officer. The
11decision of the hearing officer shall constitute an
12"administrative decision" for purposes of judicial review
13under the Administrative Review Law.
14    (d) Truancy intervention services Penalties. The chief
15executive officer or the chief executive officer's designee
16hearing officer may require the pupil or the pupil's parent or
17guardian or both the pupil and the pupil's parent or guardian
18to do any or all of the following: perform reasonable school or
19community services for a period not to exceed 30 days; complete
20a parenting education program; obtain counseling or other
21supportive services; and comply with an individualized
22educational plan or service plan as provided by appropriate
23school officials. If the parent or guardian of the chronic
24truant shows that he or she took reasonable steps to insure
25attendance of the pupil at school, he or she shall not be
26required to perform services.



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1    (e) Non-compliance with services sanctions.
2Notwithstanding any other provision of law to the contrary, if
3If a pupil determined by the chief executive officer or the
4chief executive officer's designee a hearing officer to be a
5chronic truant or the parent or guardian of the pupil fails to
6fully participate in the services offered comply with the
7sanctions ordered by the hearing officer under subsection (d)
8(c) of this Section, the chief executive officer or the chief
9executive officer's designee Office of Chronic Truant
10Adjudication may refer the matter to the Department of Human
11Services or to the Department of Healthcare and Family Services
12for socio-emotional based intervention and prevention
13services. Additionally, if the circumstances regarding a pupil
14identified as a chronic truant reasonably indicate that the
15pupil may be subject to abuse or neglect, the chief executive
16officer or the chief executive officer's designee must report
17any findings supporting the possibility of abuse or neglect to
18the Department of Children and Family Services pursuant to the
19Abused and Neglected Child Reporting Act the State's Attorney
20for prosecution under Section 3-33.5 of the Juvenile Court Act
21of 1987.
22    (f) Limitation on applicability. Nothing in this Section
23shall be construed to apply to a parent or guardian of a pupil
24not required to attend a public school pursuant to Section
26(Source: P.A. 94-1011, eff. 7-7-06.)



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1    Section 10. The Juvenile Court Act of 1987 is amended by
2changing Section 3-33.5 as follows:
3    (705 ILCS 405/3-33.5)
4    Sec. 3-33.5. Truant minors in need of supervision.
5    (a) Definition. A minor who is reported by the office of
6the regional superintendent of schools, or, in cities of over
7500,000 inhabitants, by the Office of Chronic Truant
8Adjudication, as a chronic truant may be subject to a petition
9for adjudication and adjudged a truant minor in need of
10supervision, provided that prior to the filing of the petition,
11the office of the regional superintendent of schools, the
12Office of Chronic Truant Adjudication, or a community truancy
13review board certifies that the local school has provided
14appropriate truancy intervention services to the truant minor
15and his or her family. For purposes of this Section, "truancy
16intervention services" means services designed to assist the
17minor's return to an educational program, and includes but is
18not limited to: assessments, counseling, mental health
19services, shelter, optional and alternative education
20programs, tutoring, and educational advocacy. If, after review
21by the regional office of education, the Office of Chronic
22Truant Adjudication, or community truancy review board, it is
23determined the local school did not provide the appropriate
24interventions, then the minor shall be referred to a



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1comprehensive community based youth service agency for truancy
2intervention services. If the comprehensive community based
3youth service agency is incapable to provide intervention
4services, then this requirement for services is not applicable.
5The comprehensive community based youth service agency shall
6submit reports to the office of the regional superintendent of
7schools, the Office of Chronic Truant Adjudication, or truancy
8review board within 20, 40, and 80 school days of the initial
9referral or at any other time requested by the office of the
10regional superintendent of schools, the Office of Chronic
11Truant Adjudication, or truancy review board, which reports
12each shall certify the date of the minor's referral and the
13extent of the minor's progress and participation in truancy
14intervention services provided by the comprehensive community
15based youth service agency. In addition, if, after referral by
16the office of the regional superintendent of schools, the
17Office of Chronic Truant Adjudication, or community truancy
18review board, the minor declines or refuses to fully
19participate in truancy intervention services provided by the
20comprehensive community based youth service agency, then the
21agency shall immediately certify such facts to the office of
22the regional superintendent of schools, the Office of Chronic
23Truant Adjudication, or community truancy review board.
24    (a-1) There is a rebuttable presumption that a chronic
25truant is a truant minor in need of supervision.
26    (a-2) There is a rebuttable presumption that school records



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1of a minor's attendance at school are authentic.
2    (a-3) For purposes of this Section, "chronic truant" has
3the meaning ascribed to it in Section 26-2a of the School Code.
4    (a-4) For purposes of this Section, a "community truancy
5review board" is a local community based board comprised of but
6not limited to: representatives from local comprehensive
7community based youth service agencies, representatives from
8court service agencies, representatives from local schools,
9representatives from health service agencies, and
10representatives from local professional and community
11organizations as deemed appropriate by the office of the
12regional superintendent of schools, or, in cities of over
13500,000 inhabitants, by the Office of Chronic Truant
14Adjudication. The regional superintendent of schools, or, in
15cities of over 500,000 inhabitants, the Office of Chronic
16Truant Adjudication, must approve the establishment and
17organization of a community truancy review board, and the
18regional superintendent of schools or his or her designee, or,
19in cities of over 500,000 inhabitants, the general
20superintendent of schools or his or her designee, shall chair
21the board.
22    (a-5) Nothing in this Section shall be construed to create
23a private cause of action or right of recovery against a
24regional office of education or the Office of Chronic Truant
25Adjudication, its superintendent, or its staff with respect to
26truancy intervention services where the determination to



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1provide the services is made in good faith.
2    (b) Kinds of dispositional orders. A minor found to be a
3truant minor in need of supervision may be:
4        (1) committed to the appropriate regional
5    superintendent of schools for a student assistance team
6    staffing, a service plan, or referral to a comprehensive
7    community based youth service agency;
8        (2) required to comply with a service plan as
9    specifically provided by the appropriate regional
10    superintendent of schools;
11        (3) ordered to obtain counseling or other supportive
12    services;
13        (4) (blank); subject to a fine in an amount in excess
14    of $5, but not exceeding $100, and each day of absence
15    without valid cause as defined in Section 26-2a of The
16    School Code is a separate offense;
17        (5) required to perform some reasonable public service
18    work such as, but not limited to, the picking up of litter
19    in public parks or along public highways or the maintenance
20    of public facilities; or
21        (6) (blank). subject to having his or her driver's
22    license or driving privilege suspended for a period of time
23    as determined by the court but only until he or she attains
24    18 years of age.
25    A dispositional order may include a fine, public service,
26or suspension of a driver's license or privilege only if the



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1court has made an express written finding that a truancy
2prevention program has been offered by the school, regional
3superintendent of schools, or a comprehensive community based
4youth service agency to the truant minor in need of
6    (c) Orders entered under this Section may be enforced by
7contempt proceedings.
8(Source: P.A. 97-975, eff. 8-17-12.)