State of Illinois
2011 and 2012


Introduced 1/18/2012, by Sen. David S. Luechtefeld


105 ILCS 5/26-1  from Ch. 122, par. 26-1

    Amends the School Code. Makes a technical change in a Section concerning the compulsory school age.

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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 Section
526-1 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 between the the ages of 7 and
917 years (unless the child has already graduated from high
10school) shall cause such child to attend some public school in
11the district wherein the child resides the entire time it is in
12session during the regular school term, except as provided in
13Section 10-19.1, and during a required summer school program
14established under Section 10-22.33B; provided, that the
15following children shall not be required to attend the public
17        1. Any child attending a private or a parochial school
18    where children are taught the branches of education taught
19    to children of corresponding age and grade in the public
20    schools, and where the instruction of the child in the
21    branches of education is in the English language;
22        2. Any child who is physically or mentally unable to
23    attend school, such disability being certified to the



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1    county or district truant officer by a competent physician
2    licensed in Illinois to practice medicine and surgery in
3    all its branches, a chiropractic physician licensed under
4    the Medical Practice Act of 1987, an advanced practice
5    nurse who has a written collaborative agreement with a
6    collaborating physician that authorizes the advanced
7    practice nurse to perform health examinations, a physician
8    assistant who has been delegated the authority to perform
9    health examinations by his or her supervising physician, or
10    a Christian Science practitioner residing in this State and
11    listed in the Christian Science Journal; or who is excused
12    for temporary absence for cause by the principal or teacher
13    of the school which the child attends; the exemptions in
14    this paragraph (2) do not apply to any female who is
15    pregnant or the mother of one or more children, except
16    where a female is unable to attend school due to a
17    complication arising from her pregnancy and the existence
18    of such complication is certified to the county or district
19    truant officer by a competent physician;
20        3. Any child necessarily and lawfully employed
21    according to the provisions of the law regulating child
22    labor may be excused from attendance at school by the
23    county superintendent of schools or the superintendent of
24    the public school which the child should be attending, on
25    certification of the facts by and the recommendation of the
26    school board of the public school district in which the



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1    child resides. In districts having part time continuation
2    schools, children so excused shall attend such schools at
3    least 8 hours each week;
4        4. Any child over 12 and under 14 years of age while in
5    attendance at confirmation classes;
6        5. Any child absent from a public school on a
7    particular day or days or at a particular time of day for
8    the reason that he is unable to attend classes or to
9    participate in any examination, study or work requirements
10    on a particular day or days or at a particular time of day,
11    because the tenets of his religion forbid secular activity
12    on a particular day or days or at a particular time of day.
13    Each school board shall prescribe rules and regulations
14    relative to absences for religious holidays including, but
15    not limited to, a list of religious holidays on which it
16    shall be mandatory to excuse a child; but nothing in this
17    paragraph 5 shall be construed to limit the right of any
18    school board, at its discretion, to excuse an absence on
19    any other day by reason of the observance of a religious
20    holiday. A school board may require the parent or guardian
21    of a child who is to be excused from attending school due
22    to the observance of a religious holiday to give notice,
23    not exceeding 5 days, of the child's absence to the school
24    principal or other school personnel. Any child excused from
25    attending school under this paragraph 5 shall not be
26    required to submit a written excuse for such absence after



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1    returning to school; and
2        6. Any child 16 years of age or older who (i) submits
3    to a school district evidence of necessary and lawful
4    employment pursuant to paragraph 3 of this Section and (ii)
5    is enrolled in a graduation incentives program pursuant to
6    Section 26-16 of this Code or an alternative learning
7    opportunities program established pursuant to Article 13B
8    of this Code.
9(Source: P.A. 96-367, eff. 8-13-09.)