Full Text of SB0543 95th General Assembly
SB0543 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0543
Introduced 2/8/2007, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
|
105 ILCS 5/26-2 |
from Ch. 122, par. 26-2 |
105 ILCS 5/26-2a |
from Ch. 122, par. 26-2a |
|
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. Includes in the definition of "dropout" a child enrolled
in kindergarten. Effective June 30, 2007.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB0543 |
|
LRB095 09679 NHT 29881 b |
|
| 1 |
| AN ACT regarding schools.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The School Code is amended by changing
Sections | 5 |
| 26-2 and 26-2a as follows:
| 6 |
| (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 7 |
| Sec. 26-2. Enrolled pupils below 7 or over 17.
| 8 |
| (a) Any person having custody or
control of a child who is | 9 |
| below the age of 7 years or is 17 years of age or above
and who | 10 |
| is enrolled in any of grades kindergarten
1 through 12
in the | 11 |
| public school shall
cause him to attend the public school in | 12 |
| the district wherein he resides when
it is in session during | 13 |
| the regular school term, unless he is excused under
paragraph | 14 |
| 2, 3, 4, 5, or 6 of Section 26-1.
| 15 |
| (b) A school district shall deny reenrollment in its | 16 |
| secondary schools
to any
child 19 years of age or above who has | 17 |
| dropped out of school
and who could
not, because of age and | 18 |
| lack of credits, attend classes during the normal
school year | 19 |
| and graduate before his or her twenty-first birthday.
A | 20 |
| district may, however, enroll the child in a graduation | 21 |
| incentives program under Section 26-16 of this Code or an | 22 |
| alternative learning
opportunities program established
under | 23 |
| Article 13B.
No
child shall be denied reenrollment for the |
|
|
|
SB0543 |
- 2 - |
LRB095 09679 NHT 29881 b |
|
| 1 |
| above reasons
unless the school district first offers the child
| 2 |
| due process as required in cases of expulsion under Section
| 3 |
| 10-22.6. If a child is denied reenrollment after being provided | 4 |
| with due
process, the school district must provide counseling | 5 |
| to that child and
must direct that child to
alternative | 6 |
| educational
programs, including adult education programs, that | 7 |
| lead to graduation or
receipt of a GED diploma.
| 8 |
| (c) A school or school district may deny enrollment to a | 9 |
| student 17 years
of age
or older for one semester for failure | 10 |
| to meet minimum academic standards if all
of the
following | 11 |
| conditions are met:
| 12 |
| (1) The student achieved a grade point average of less | 13 |
| than "D" (or its
equivalent)
in the semester immediately | 14 |
| prior to the current semester.
| 15 |
| (2) The student and the student's parent or guardian | 16 |
| are given written
notice
warning that the student is | 17 |
| failing academically and is subject to denial from
| 18 |
| enrollment for one semester unless a "D" average (or its | 19 |
| equivalent) or better
is attained in the
current
semester.
| 20 |
| (3) The parent or guardian is provided with the right | 21 |
| to appeal the
notice, as
determined by the State Board of | 22 |
| Education in accordance with due process.
| 23 |
| (4) The student is provided with an academic | 24 |
| improvement plan and academic
remediation services.
| 25 |
| (5) The student fails to achieve a "D" average (or its | 26 |
| equivalent) or
better in the current
semester.
|
|
|
|
SB0543 |
- 3 - |
LRB095 09679 NHT 29881 b |
|
| 1 |
| A school or school district may deny enrollment to a | 2 |
| student 17 years of age
or
older for one semester for failure | 3 |
| to meet minimum attendance standards if all
of the
following | 4 |
| conditions are met:
| 5 |
| (1) The student was absent without valid cause for 20% | 6 |
| or more of the
attendance
days in the semester immediately | 7 |
| prior to the current semester.
| 8 |
| (2) The student and the student's parent or guardian | 9 |
| are given written
notice
warning that the student is | 10 |
| subject to denial from enrollment for one
semester
unless | 11 |
| the student is absent without valid cause less than 20% of | 12 |
| the
attendance days
in the current semester.
| 13 |
| (3) The student's parent or guardian is provided with | 14 |
| the right to appeal
the
notice, as determined by the State | 15 |
| Board of Education in accordance with due
process.
| 16 |
| (4) The student is provided with attendance | 17 |
| remediation services,
including
without limitation | 18 |
| assessment, counseling, and support services.
| 19 |
| (5) The student is absent without valid cause for 20% | 20 |
| or more of the
attendance
days in the current semester.
| 21 |
| A school or school district may not deny enrollment to a | 22 |
| student (or
reenrollment
to a dropout) who is at least 17
years | 23 |
| of age or older but below 19
years for more
than one | 24 |
| consecutive semester for failure to meet academic or attendance
| 25 |
| standards.
| 26 |
| (d) No child may be denied enrollment or reenrollment under |
|
|
|
SB0543 |
- 4 - |
LRB095 09679 NHT 29881 b |
|
| 1 |
| this
Section in violation
of the Individuals with Disabilities | 2 |
| Education Act or the Americans with
Disabilities Act.
| 3 |
| (e) In this subsection (e), "reenrolled student" means a | 4 |
| dropout who has
reenrolled
full-time in a public school. Each | 5 |
| school district shall identify, track, and
report on the
| 6 |
| educational progress and outcomes of reenrolled students as a | 7 |
| subset of the
district's
required reporting on all enrollments.
| 8 |
| A reenrolled student who again drops out must not be counted | 9 |
| again
against a district's dropout rate performance measure.
| 10 |
| The State
Board of Education shall set performance standards | 11 |
| for programs serving
reenrolled
students.
| 12 |
| (f) The State Board of Education shall adopt any rules | 13 |
| necessary to
implement the
changes to this Section made by | 14 |
| Public Act 93-803.
| 15 |
| (Source: P.A. 92-42, eff. 1-1-02; 93-803, eff. 7-23-04; 93-858, | 16 |
| eff. 1-1-05; 93-1079, eff. 1-21-05.)
| 17 |
| (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
| 18 |
| Sec. 26-2a. A "truant" is defined as a child subject to | 19 |
| compulsory school
attendance and who is absent without valid | 20 |
| cause from such attendance for
a school day or portion thereof.
| 21 |
| "Valid cause" for absence shall be illness, observance of a | 22 |
| religious
holiday, death in the immediate family,
family | 23 |
| emergency, and shall include such other situations beyond the | 24 |
| control
of the student as determined by the board of education | 25 |
| in each district,
or such other circumstances which cause |
|
|
|
SB0543 |
- 5 - |
LRB095 09679 NHT 29881 b |
|
| 1 |
| reasonable concern to the parent
for the safety or health of | 2 |
| the student.
| 3 |
| "Chronic or habitual truant" shall be defined as a child | 4 |
| subject to compulsory
school attendance and who is absent | 5 |
| without valid cause from such attendance
for 10% or more of the | 6 |
| previous 180 regular attendance days.
| 7 |
| "Truant minor" is defined as a chronic truant to whom | 8 |
| supportive
services, including prevention, diagnostic, | 9 |
| intervention and remedial
services, alternative programs and | 10 |
| other school and community resources
have been provided and | 11 |
| have failed to result in the cessation of chronic
truancy, or | 12 |
| have been offered and refused.
| 13 |
| A "dropout" is defined as any child enrolled in grades | 14 |
| kindergarten
1
through 12 whose
name has been removed from the | 15 |
| district enrollment roster for any reason
other than his death, | 16 |
| extended illness, graduation or completion of a
program of | 17 |
| studies and who has not transferred to another public or | 18 |
| private
school.
| 19 |
| "Religion" for the purposes of this Article, includes all | 20 |
| aspects of
religious observance and practice, as well as | 21 |
| belief.
| 22 |
| (Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)
| 23 |
| Section 99. Effective date. This Act takes effect June 30, | 24 |
| 2007. |
|