Full Text of HB3665 94th General Assembly
HB3665 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3665
Introduced 02/24/05, by Rep. Calvin L. Giles SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/26-2 |
from Ch. 122, par. 26-2 |
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Amends the School Code. Makes a technical change in a Section concerning compulsory attendance.
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A BILL FOR
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HB3665 |
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LRB094 06821 NHT 36924 b |
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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 | 5 |
| 26-2 as follows: | 6 |
| (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
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| (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
the age of 7 years or above the age of 16 years
and | 11 |
| who is enrolled in any of grades 1 through 12, in the public | 12 |
| school shall
cause him to attend the public school in the | 13 |
| district wherein he resides when
it is in session during the | 14 |
| regular school term unless he is excused under
paragraphs 2, 3, | 15 |
| 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 |
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HB3665 |
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LRB094 06821 NHT 36924 b |
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| to meet minimum academic standards if all
of the
following | 2 |
| conditions are met:
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| (1) The student achieved a grade point average of less | 4 |
| than "D" (or its
equivalent)
in the semester immediately | 5 |
| prior to the current semester.
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| (2) The student and the student's parent or guardian | 7 |
| are given written
notice
warning that the student is | 8 |
| failing academically and is subject to denial from
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| enrollment for one semester unless a "D" average (or its | 10 |
| equivalent) or better
is attained in the
current
semester.
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| (3) The parent or guardian is provided with the right | 12 |
| to appeal the
notice, as
determined by the State Board of | 13 |
| Education in accordance with due process.
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| (4) The student is provided with an academic | 15 |
| improvement plan and academic
remediation services.
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| (5) The student fails to achieve a "D" average (or its | 17 |
| equivalent) or
better in the current
semester.
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| A school or school district may deny enrollment to a | 19 |
| student 16 years of age
or
older for one semester for failure | 20 |
| to meet minimum attendance standards if all
of the
following | 21 |
| conditions are met:
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| (1) The student was absent without valid cause for 20% | 23 |
| or more of the
attendance
days in the semester immediately | 24 |
| prior to the current semester.
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| (2) The student and the student's parent or guardian | 26 |
| are given written
notice
warning that the student is | 27 |
| subject to denial from enrollment for one
semester
unless | 28 |
| the student is absent without valid cause less than 20% of | 29 |
| the
attendance days
in the current semester.
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| (3) The student's parent or guardian is provided with | 31 |
| the right to appeal
the
notice, as determined by the State | 32 |
| Board of Education in accordance with due
process.
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| (4) The student is provided with attendance | 34 |
| remediation services,
including
without limitation | 35 |
| assessment, counseling, and support services.
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| (5) The student is absent without valid cause for 20% |
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HB3665 |
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LRB094 06821 NHT 36924 b |
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| 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 | 3 |
| student (or
reenrollment
to a dropout) who is at least 16 years | 4 |
| of age or older but not more than 19
years for more
than one | 5 |
| 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 | 8 |
| this
Section in violation
of the Individuals with Disabilities | 9 |
| Education Act or the Americans with
Disabilities Act.
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| (e) In this subsection (e), "reenrolled student" means a | 11 |
| dropout who has
reenrolled
full-time in a public school. Each | 12 |
| school district shall identify, track, and
report on the
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| educational progress and outcomes of reenrolled students as a | 14 |
| 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 | 16 |
| again
against a district's dropout rate performance measure.
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| The State
Board of Education shall set performance standards | 18 |
| for programs serving
reenrolled
students.
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| (f) The State Board of Education shall adopt any rules | 20 |
| necessary to
implement the
changes to this Section made by this | 21 |
| 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 | 25 |
| having custody or
control of a child who is below the
the age | 26 |
| of 7 years or is 17 years of age or above
and who is enrolled in | 27 |
| any of grades 1 through 12 in the public school shall
cause him | 28 |
| to attend the public school in the district wherein he resides | 29 |
| when
it is in session during the regular school term, unless he | 30 |
| is excused under
paragraph 2, 3, 4, 5, or 6 of Section 26-1.
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| A school district shall deny reenrollment in its secondary | 32 |
| schools to any
child 17 years of age or above who has dropped | 33 |
| out of school
and who could
not, because of age and lack of | 34 |
| credits, attend classes during the normal
school year and | 35 |
| graduate before his or her twenty-first birthday.
A district |
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| may, however, enroll the child in a graduation incentives | 2 |
| program under Section 26-16 of this Code or an alternative | 3 |
| 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 | 6 |
| as required in cases of expulsion under Section
10-22.6. If a | 7 |
| child is denied reenrollment after being provided with due
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| process, the school district must provide counseling to that | 9 |
| child and
must direct that child to
alternative educational
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| programs, including adult education programs, that lead to | 11 |
| graduation or
receipt of a GED diploma. No child may be denied | 12 |
| reenrollment in violation
of the Individuals with Disabilities | 13 |
| 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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