Illinois General Assembly - Full Text of HB5488
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Full Text of HB5488  102nd General Assembly

HB5488enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5488 EnrolledLRB102 25503 CMG 34791 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
526-1, 26-2, and 26-2a as follows:
 
6    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
7    Sec. 26-1. Compulsory school age; exemptions. Whoever has
8custody or control of any child (i) between the ages of 7 and
917 years (unless the child has already graduated from high
10school) for school years before the 2014-2015 school year or
11(ii) between the ages of 6 (on or before September 1) and 17
12years (unless the child has already graduated from high
13school) beginning with the 2014-2015 school year shall cause
14such child to attend some public school in the district
15wherein the child resides the entire time it is in session
16during the regular school term, except as provided in Section
1710-19.1, 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
13    or teacher of the school which the child attends, with
14    absence for cause by illness being required to include the
15    mental or behavioral health of the child for up to 5 days
16    for which the child need not provide a medical note, in
17    which case the child shall be given the opportunity to
18    make up any school work missed during the mental or
19    behavioral health absence and, after the second mental
20    health day used, may be referred to the appropriate school
21    support personnel; the exemptions in this paragraph (2) do
22    not apply to any female who is pregnant or the mother of
23    one or more children, except where a female is unable to
24    attend school due to a complication arising from her
25    pregnancy and the existence of such complication is
26    certified to the county or district truant officer by a

 

 

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1    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
8    the school board of the public school district in which
9    the child resides. In districts having part-time
10    continuation schools, children so excused shall attend
11    such schools at 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
18    requirements on a particular day or days or at a
19    particular time of day because of religious reasons,
20    including the observance of a religious holiday or
21    participation in religious instruction, or because the
22    tenets of his religion forbid secular activity on a
23    particular day or days or at a particular time of day. A
24    school board may require the parent or guardian of a child
25    who is to be excused from attending school because of
26    religious reasons to give notice, not exceeding 5 days, of

 

 

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1    the child's absence to the school principal or other
2    school personnel. Any child excused from attending school
3    under this paragraph 5 shall not be required to submit a
4    written excuse for such absence after returning to school.
5    A district superintendent shall develop and distribute to
6    schools appropriate procedures regarding a student's
7    absence for religious reasons, how schools are notified of
8    a student's impending absence for religious reasons, and
9    the requirements of Section 26-2b of this Code;
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
13    (ii) is enrolled in a graduation incentives program
14    pursuant to Section 26-16 of this Code or an alternative
15    learning opportunities program established pursuant to
16    Article 13B of this Code;
17        7. A child in any of grades 6 through 12 absent from a
18    public school on a particular day or days or at a
19    particular time of day for the purpose of sounding "Taps"
20    at a military honors funeral held in this State for a
21    deceased veteran. In order to be excused under this
22    paragraph 7, the student shall notify the school's
23    administration at least 2 days prior to the date of the
24    absence and shall provide the school's administration with
25    the date, time, and location of the military honors
26    funeral. The school's administration may waive this 2-day

 

 

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1    notification requirement if the student did not receive at
2    least 2 days advance notice, but the student shall notify
3    the school's administration as soon as possible of the
4    absence. A student whose absence is excused under this
5    paragraph 7 shall be counted as if the student attended
6    school for purposes of calculating the average daily
7    attendance of students in the school district. A student
8    whose absence is excused under this paragraph 7 must be
9    allowed a reasonable time to make up school work missed
10    during the absence. If the student satisfactorily
11    completes the school work, the day of absence shall be
12    counted as a day of compulsory attendance and he or she may
13    not be penalized for that absence; and
14        8. 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 his or her parent or legal guardian is an
17    active duty member of the uniformed services and has been
18    called to duty for, is on leave from, or has immediately
19    returned from deployment to a combat zone or
20    combat-support postings. Such a student shall be granted 5
21    days of excused absences in any school year and, at the
22    discretion of the school board, additional excused
23    absences to visit the student's parent or legal guardian
24    relative to such leave or deployment of the parent or
25    legal guardian. In the case of excused absences pursuant
26    to this paragraph 8, the student and parent or legal

 

 

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1    guardian shall be responsible for obtaining assignments
2    from the student's teacher prior to any period of excused
3    absence and for ensuring that such assignments are
4    completed by the student prior to his or her return to
5    school from such period of excused absence.
6    Any child from a public middle school or high school,
7subject to guidelines established by the State Board of
8Education, shall be permitted by a school board one school
9day-long excused absence per school year for the child who is
10absent from school to engage in a civic event. The school board
11may require that the student provide reasonable advance notice
12of the intended absence to the appropriate school
13administrator and require that the student provide
14documentation of participation in a civic event to the
15appropriate school administrator.
16(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22;
17102-406, eff. 8-19-21; revised 9-28-21.)
 
18    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
19    Sec. 26-2. Enrolled pupils not of compulsory school age.
20    (a) Any For school years before the 2014-2015 school year,
21any person having custody or control of a child who is below
22the age of 7 years or is 17 years of age or above and who is
23enrolled in any of grades kindergarten through 12 in the
24public school shall cause him to attend the public school in
25the district wherein he resides when it is in session during

 

 

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1the regular school term, unless he is excused under paragraph
22, 3, 4, 5, or 6 of Section 26-1. Beginning with the 2014-2015
3school year, any person having custody or control of a child
4who is below the age of 6 years or is 17 years of age or above
5and who is enrolled in any of grades kindergarten through 12 in
6the public school shall cause the child to attend the public
7school in the district wherein he or she resides when it is in
8session during the regular school term, unless the child is
9excused under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of
10this Code.
11    (b) A school district shall deny reenrollment in its
12secondary schools to any child 19 years of age or above who has
13dropped out of school and who could not, because of age and
14lack of credits, attend classes during the normal school year
15and graduate before his or her twenty-first birthday. A
16district may, however, enroll the child in a graduation
17incentives program under Section 26-16 of this Code or an
18alternative learning opportunities program established under
19Article 13B. No child shall be denied reenrollment for the
20above reasons unless the school district first offers the
21child due process as required in cases of expulsion under
22Section 10-22.6. If a child is denied reenrollment after being
23provided with due process, the school district must provide
24counseling to that child and must direct that child to
25alternative educational programs, including adult education
26programs, that lead to graduation or receipt of a high school

 

 

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1equivalency certificate.
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 attendance standards if all of the following
5conditions are met:
6        (1) The student was absent without valid cause for 20%
7    or more of the attendance days 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    subject to denial from enrollment for one semester unless
12    the student is absent without valid cause less than 20% of
13    the attendance days in the current semester.
14        (3) The student's parent or guardian is provided with
15    the right to appeal the notice, as determined by the State
16    Board of Education in accordance with due process.
17        (4) The student is provided with attendance
18    remediation services, including without limitation
19    assessment, counseling, and support services.
20        (5) The student is absent without valid cause for 20%
21    or more of the attendance days in the current semester.
22    A school or school district may not deny enrollment to a
23student (or reenrollment to a dropout) who is at least 17 years
24of age or older but below 19 years for more than one
25consecutive semester for failure to meet attendance standards.
26    (d) No child may be denied reenrollment under this Section

 

 

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1in violation of the federal Individuals with Disabilities
2Education Act or the Americans with Disabilities Act.
3    (e) In this subsection (e), "reenrolled student" means a
4dropout who has reenrolled full-time in a public school. Each
5school district shall identify, track, and report on the
6educational progress and outcomes of reenrolled students as a
7subset of the district's required reporting on all
8enrollments. A reenrolled student who again drops out must not
9be counted again against a district's dropout rate performance
10measure. The State Board of Education shall set performance
11standards for programs serving reenrolled students.
12    (f) The State Board of Education shall adopt any rules
13necessary to implement the changes to this Section made by
14Public Act 93-803.
15(Source: P.A. 100-825, eff. 8-13-18.)
 
16    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
17    (Text of Section before amendment by P.A. 102-466)
18    Sec. 26-2a. A "truant" is defined as a child who is subject
19to compulsory school attendance and who is absent without
20valid cause, as defined under this Section, from such
21attendance for more than 1% but less than 5% of the past 180
22school days.
23    "Valid cause" for absence shall be illness, including the
24mental or behavioral health of the student, observance of a
25religious holiday, death in the immediate family, attendance

 

 

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1at a civic event, or family emergency and shall include such
2other situations beyond the control of the student, as
3determined by the board of education in each district, or such
4other circumstances which cause reasonable concern to the
5parent for the mental, emotional, or physical health or safety
6of the student.
7    "Chronic or habitual truant" shall be defined as a child
8who is subject to compulsory school attendance and who is
9absent without valid cause from such attendance for 5% or more
10of the previous 180 regular attendance days.
11    "Civic event" means an event sponsored by a non-profit
12organization or governmental entity that is open to the
13public. "Civic event" includes, but is not limited to, an
14artistic or cultural performance or educational gathering that
15supports the mission of the sponsoring non-profit
16organization. The State Board of Education may adopt rules to
17further define "civic event".
18    "Truant minor" is defined as a chronic truant to whom
19supportive services, including prevention, diagnostic,
20intervention and remedial services, alternative programs and
21other school and community resources have been provided and
22have failed to result in the cessation of chronic truancy, or
23have been offered and refused.
24    A "dropout" is defined as any child enrolled in grades 9
25through 12 whose name has been removed from the district
26enrollment roster for any reason other than the student's

 

 

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1death, extended illness, removal for medical non-compliance,
2expulsion, aging out, graduation, or completion of a program
3of studies and who has not transferred to another public or
4private school and is not known to be home-schooled by his or
5her parents or guardians or continuing school in another
6country.
7    "Religion" for the purposes of this Article, includes all
8aspects of religious observance and practice, as well as
9belief.
10(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22;
11102-321, eff. 1-1-22.)
 
12    (Text of Section after amendment by P.A. 102-466)
13    Sec. 26-2a. A "truant" is defined as a child who is subject
14to compulsory school attendance and who is absent without
15valid cause, as defined under this Section, from such
16attendance for more than 1% but less than 5% of the past 180
17school days.
18    "Valid cause" for absence shall be illness, including the
19mental or behavioral health of the student, attendance at a
20verified medical or therapeutic appointment, appointment with
21a victim services provider, observance of a religious holiday,
22death in the immediate family, attendance at a civic event, or
23family emergency and shall include such other situations
24beyond the control of the student, as determined by the board
25of education in each district, or such other circumstances

 

 

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1which cause reasonable concern to the parent for the mental,
2emotional, or physical health or safety of the student. For
3purposes of a student who is an expectant parent, or parent, or
4victim of domestic or sexual violence, "valid cause" for
5absence includes (i) the fulfillment of a parenting
6responsibility, including, but not limited to, arranging and
7providing child care, caring for a sick child, attending
8prenatal or other medical appointments for the expectant
9student, and attending medical appointments for a child, and
10(ii) addressing circumstances resulting from domestic or
11sexual violence, including, but not limited to, experiencing
12domestic or sexual violence, recovering from physical or
13psychological injuries, seeking medical attention, seeking
14services from a domestic or sexual violence organization, as
15defined in Article 26A, seeking psychological or other
16counseling, participating in safety planning, temporarily or
17permanently relocating, seeking legal assistance or remedies,
18or taking any other action to increase the safety or health of
19the student or to protect the student from future domestic or
20sexual violence. A school district may require a student to
21verify his or her claim of domestic or sexual violence under
22Section 26A-45 prior to the district approving a valid cause
23for an absence of 3 or more consecutive days that is related to
24domestic or sexual violence.
25    "Chronic or habitual truant" shall be defined as a child
26who is subject to compulsory school attendance and who is

 

 

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1absent without valid cause from such attendance for 5% or more
2of the previous 180 regular attendance days.
3    "Civic event" means an event sponsored by a non-profit
4organization or governmental entity that is open to the
5public. "Civic event" includes, but is not limited to, an
6artistic or cultural performance or educational gathering that
7supports the mission of the sponsoring non-profit
8organization. The State Board of Education may adopt rules to
9further define "civic event".
10    "Truant minor" is defined as a chronic truant to whom
11supportive services, including prevention, diagnostic,
12intervention and remedial services, alternative programs and
13other school and community resources have been provided and
14have failed to result in the cessation of chronic truancy, or
15have been offered and refused.
16    A "dropout" is defined as any child enrolled in grades 9
17through 12 whose name has been removed from the district
18enrollment roster for any reason other than the student's
19death, extended illness, removal for medical non-compliance,
20expulsion, aging out, graduation, or completion of a program
21of studies and who has not transferred to another public or
22private school and is not known to be home-schooled by his or
23her parents or guardians or continuing school in another
24country.
25    "Religion" for the purposes of this Article, includes all
26aspects of religious observance and practice, as well as

 

 

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1belief.
2(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22;
3102-321, eff. 1-1-22; 102-466, eff. 7-1-25; revised 9-23-21.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.