Full Text of SB3393 93rd General Assembly
SB3393 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3393
Introduced 11/9/2004, by Sen. J. Bradley Burzynski SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/26-1 |
from Ch. 122, par. 26-1 |
105 ILCS 5/26-2 |
from Ch. 122, par. 26-2 |
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Amends the School Code. Requires a person having custody or
control of a child who is below the compulsory school age and who is
enrolled in kindergarten in a public school to cause the child to attend
the public school. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB3393 |
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| AN ACT regarding schools.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing
Sections | 5 |
| 26-1 and 26-2 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 | 8 |
| custody or control of any child between the ages of 7 and 17
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| years (unless the child has already graduated from high school)
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| or any child below the age of 7 years who is enrolled in | 11 |
| kindergarten or first grade shall cause such child to attend | 12 |
| some public school in the district
wherein the child resides | 13 |
| the entire time it is in session during the
regular school | 14 |
| term, except as provided in Section 10-19.1, and during a
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| required summer school program established under Section | 16 |
| 10-22.33B; provided,
that
the following children shall not be | 17 |
| required to attend the public schools:
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| 1. Any child attending a private or a parochial school | 19 |
| where children
are taught the branches of education taught to | 20 |
| children of corresponding
age and grade in the public schools, | 21 |
| and where the instruction of the child
in the branches of | 22 |
| education is in the English language;
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| 2. Any child who is physically or mentally unable to attend | 24 |
| school, such
disability being certified to the county or | 25 |
| district truant officer by a
competent physician or a Christian | 26 |
| Science practitioner residing in this
State and listed in the | 27 |
| Christian Science Journal; or who is excused for
temporary | 28 |
| absence for cause by
the principal or teacher of the school | 29 |
| which the child attends; the exemptions
in this paragraph (2) | 30 |
| do not apply to any female who is pregnant or the
mother of one | 31 |
| or more children, except where a female is unable to attend
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| school due to a complication arising from her pregnancy and the |
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| existence
of such complication is certified to the county or | 2 |
| district truant officer
by a competent physician;
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| 3. Any child necessarily and lawfully employed according to | 4 |
| the
provisions of the law regulating child labor may be excused | 5 |
| from attendance
at school by the county superintendent of | 6 |
| schools or the superintendent of
the public school which the | 7 |
| child should be attending, on certification of
the facts by and | 8 |
| the recommendation of the school board of the public
school | 9 |
| district in which the child resides. In districts having part | 10 |
| time
continuation schools, children so excused shall attend | 11 |
| such schools at
least 8 hours each week;
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| 4. Any child over 12 and under 14 years of age while in | 13 |
| attendance at
confirmation classes;
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| 5. Any child absent from a public school on a particular | 15 |
| day or days
or at a particular time of day for the reason that | 16 |
| he is unable to attend
classes or to participate in any | 17 |
| examination, study or work requirements on
a particular day or | 18 |
| days or at a particular time of day, because the tenets
of his | 19 |
| religion forbid secular activity on a particular day or days or | 20 |
| at a
particular time of day. Each school board shall prescribe | 21 |
| rules and
regulations relative to absences for religious | 22 |
| holidays including, but not
limited to, a list of religious | 23 |
| holidays on which it shall be mandatory to
excuse a child; but | 24 |
| nothing in this paragraph 5 shall be construed to limit
the | 25 |
| right of any school board, at its discretion, to excuse an | 26 |
| absence on
any other day by reason of the observance of a | 27 |
| religious holiday. A school
board may require the parent or | 28 |
| guardian of a child who is to be excused
from attending school | 29 |
| due to the observance of a religious holiday to give
notice, | 30 |
| 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 | 32 |
| attending
school under this paragraph 5 shall not be required | 33 |
| to submit a written
excuse for such absence after returning to | 34 |
| school; and | 35 |
| 6. Any child 16 years of age or older who (i) submits to a | 36 |
| school district evidence of necessary and lawful employment |
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| pursuant to paragraph 3 of this Section and (ii) is enrolled in | 2 |
| a graduation incentives program pursuant to Section 26-16 of | 3 |
| this Code or an alternative learning opportunities program | 4 |
| established pursuant to Article 13B of this Code.
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| (Source: P.A. 93-858, eff. 1-1-05.)
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| (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 7 |
| (Text of Section from P.A. 93-803) | 8 |
| Sec. 26-2. Enrolled pupils below 7 or over 16.
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| (a) Any person having custody or
control of a child who is | 10 |
| below the age of 7 years or above the age of 16 years
and who is | 11 |
| enrolled in kindergarten or in any of grades
1 through 12 , in | 12 |
| the public school shall
cause him to attend the public school | 13 |
| in the district wherein he resides when
it is in session during | 14 |
| the regular school term unless he is excused under
paragraphs | 15 |
| 2, 3, 4 or 5 of Section 26-1.
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| (b) A school district shall deny reenrollment in its | 17 |
| secondary schools
to any
child above the age of 19 years who | 18 |
| has dropped out of school
and who could
not, because of age and | 19 |
| lack of credits, attend classes during the normal
school year | 20 |
| and graduate before his or her twenty-first birthday.
A | 21 |
| district may, however, enroll the child in an alternative | 22 |
| learning
opportunities program established
under Article 13B.
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| No
child shall be denied reenrollment for the above reasons
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| unless the school district first offers the child
due process | 25 |
| as required in cases of expulsion under Section
10-22.6. If a | 26 |
| child is denied reenrollment after being provided with due
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| process, the school district must provide counseling to that | 28 |
| child and
must direct that child to
alternative educational
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| programs, including adult education programs, that lead to | 30 |
| graduation or
receipt of a GED diploma.
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| (c) A school or school district may deny enrollment to a | 32 |
| student 16 years
of age
or older for one semester for failure | 33 |
| to meet minimum academic standards if all
of the
following | 34 |
| conditions are met:
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| (1) The student achieved a grade point average of less |
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| than "D" (or its
equivalent)
in the semester immediately | 2 |
| prior to the current semester.
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| (2) The student and the student's parent or guardian | 4 |
| are given written
notice
warning that the student is | 5 |
| failing academically and is subject to denial from
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| enrollment for one semester unless a "D" average (or its | 7 |
| equivalent) or better
is attained in the
current
semester.
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| (3) The parent or guardian is provided with the right | 9 |
| to appeal the
notice, as
determined by the State Board of | 10 |
| Education in accordance with due process.
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| (4) The student is provided with an academic | 12 |
| improvement plan and academic
remediation services.
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| (5) The student fails to achieve a "D" average (or its | 14 |
| equivalent) or
better in the current
semester.
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| A school or school district may deny enrollment to a | 16 |
| student 16 years of age
or
older for one semester for failure | 17 |
| to meet minimum attendance standards if all
of the
following | 18 |
| conditions are met:
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| (1) The student was absent without valid cause for 20% | 20 |
| or more of the
attendance
days in the semester immediately | 21 |
| prior to the current semester.
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| (2) The student and the student's parent or guardian | 23 |
| are given written
notice
warning that the student is | 24 |
| subject to denial from enrollment for one
semester
unless | 25 |
| the student is absent without valid cause less than 20% of | 26 |
| the
attendance days
in the current semester.
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| (3) The student's parent or guardian is provided with | 28 |
| the right to appeal
the
notice, as determined by the State | 29 |
| Board of Education in accordance with due
process.
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| (4) The student is provided with attendance | 31 |
| remediation services,
including
without limitation | 32 |
| assessment, counseling, and support services.
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| (5) The student is absent without valid cause for 20% | 34 |
| or more of the
attendance
days in the current semester.
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| A school or school district may not deny enrollment to a | 36 |
| student (or
reenrollment
to a dropout) who is at least 16 years |
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| of age or older but not more than 19
years for more
than one | 2 |
| consecutive semester for failure to meet academic or attendance
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| standards.
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| (d) No child may be denied enrollment or reenrollment under | 5 |
| this
Section in violation
of the Individuals with Disabilities | 6 |
| Education Act or the Americans with
Disabilities Act.
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| (e) In this subsection (e), "reenrolled student" means a | 8 |
| dropout who has
reenrolled
full-time in a public school. Each | 9 |
| school district shall identify, track, and
report on the
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| educational progress and outcomes of reenrolled students as a | 11 |
| subset of the
district's
required reporting on all enrollments.
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| A reenrolled student who again drops out must not be counted | 13 |
| again
against a district's dropout rate performance measure.
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| The State
Board of Education shall set performance standards | 15 |
| for programs serving
reenrolled
students.
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| (f) The State Board of Education shall adopt any rules | 17 |
| necessary to
implement the
changes to this Section made by this | 18 |
| amendatory Act of the 93rd General
Assembly.
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| (Source: P.A. 92-42, eff. 1-1-02; 93-803, eff. 7-23-04.)
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| (Text of Section from P.A. 93-858)
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| Sec. 26-2. Enrolled pupils below 7 or over 17. Any person | 22 |
| having custody or
control of a child who is below the age of 7 | 23 |
| years or is 17 years of age or above
and who is enrolled in | 24 |
| kindergarten or in any of grades
1 through 12 in the public | 25 |
| school shall
cause him to attend the public school in the | 26 |
| district wherein he resides when
it is in session during the | 27 |
| regular school term, unless he is excused under
paragraph 2, 3, | 28 |
| 4, 5, or 6 of Section 26-1.
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| A school district shall deny reenrollment in its secondary | 30 |
| schools to any
child 17 years of age or above who has dropped | 31 |
| out of school
and who could
not, because of age and lack of | 32 |
| credits, attend classes during the normal
school year and | 33 |
| graduate before his or her twenty-first birthday.
A district | 34 |
| may, however, enroll the child in a graduation incentives | 35 |
| program under Section 26-16 of this Code or an alternative |
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| learning
opportunities program established
under Article 13B.
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| No
child shall be denied reenrollment for the above reasons
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| unless the school district first offers the child
due process | 4 |
| as required in cases of expulsion under Section
10-22.6. If a | 5 |
| child is denied reenrollment after being provided with due
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| process, the school district must provide counseling to that | 7 |
| child and
must direct that child to
alternative educational
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| programs, including adult education programs, that lead to | 9 |
| graduation or
receipt of a GED diploma. No child may be denied | 10 |
| reenrollment in violation
of the Individuals with Disabilities | 11 |
| Education Act or the Americans with
Disabilities Act.
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| (Source: P.A. 92-42, eff. 1-1-02; 93-858, eff. 1-1-05.)
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| Section 95. No acceleration or delay. Where this Act makes | 14 |
| changes in a
statute that is represented in this Act by text | 15 |
| that is not yet or no longer in
effect (for example, a Section | 16 |
| represented by multiple versions), the use of
that text does | 17 |
| not accelerate or delay the taking effect of (i) the changes
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| made by this Act or (ii) provisions derived from any other | 19 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law. |
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