Full Text of HB2762 98th General Assembly
HB2762 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2762 Introduced 2/21/2013, by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: | | 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.
Lowers
the compulsory school age from 7 years to 6 years; makes a related
change.
Effective July 1, 2013. |
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT regarding education.
| 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 | | 26-1 and 26-2 as follows:
| 6 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| 7 | | Sec. 26-1. Compulsory school age-Exemptions. Whoever has | 8 | | custody or control of any child (i) between the ages of 7 and | 9 | | 17
years (unless the child has already graduated from high | 10 | | school) for school years before the 2013-2014 school year or | 11 | | (ii) between the ages
of 6 and 17 years for school years after | 12 | | the 2012-2013 school year
shall cause such child to attend some | 13 | | public school in the district
wherein the child resides the | 14 | | entire time it is in session during the
regular school term, | 15 | | except as provided in Section 10-19.1, and during a
required | 16 | | summer school program established under Section 10-22.33B; | 17 | | provided,
that
the following children shall not be required to | 18 | | attend the public schools:
| 19 | | 1. Any child attending a private or a parochial school | 20 | | where children
are taught the branches of education taught | 21 | | to children of corresponding
age and grade in the public | 22 | | schools, and where the instruction of the child
in the | 23 | | branches of education is in the English language;
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| 1 | | 2. Any child who is physically or mentally unable to | 2 | | attend school, such
disability being certified to the | 3 | | county or district truant officer by a
competent physician | 4 | | licensed in Illinois to practice medicine and surgery in | 5 | | all its branches, a chiropractic physician licensed under | 6 | | the Medical Practice Act of 1987, an advanced practice | 7 | | nurse who has a written collaborative agreement with a | 8 | | collaborating physician that authorizes the advanced | 9 | | practice nurse to perform health examinations, a physician | 10 | | assistant who has been delegated the authority to perform | 11 | | health examinations by his or her supervising physician, or | 12 | | a Christian Science practitioner residing in this
State and | 13 | | listed in the Christian Science Journal; or who is excused | 14 | | for
temporary absence for cause by
the principal or teacher | 15 | | of the school which the child attends; the exemptions
in | 16 | | this paragraph (2) do not apply to any female who is | 17 | | pregnant or the
mother of one or more children, except | 18 | | where a female is unable to attend
school due to a | 19 | | complication arising from her pregnancy and the existence
| 20 | | of such complication is certified to the county or district | 21 | | truant officer
by a competent physician;
| 22 | | 3. Any child necessarily and lawfully employed | 23 | | according to the
provisions of the law regulating child | 24 | | labor may be excused from attendance
at school by the | 25 | | county superintendent of schools or the superintendent of
| 26 | | the public school which the child should be attending, on |
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| 1 | | certification of
the facts by and the recommendation of the | 2 | | school board of the public
school district in which the | 3 | | child resides. In districts having part time
continuation | 4 | | schools, children so excused shall attend such schools at
| 5 | | least 8 hours each week;
| 6 | | 4. Any child over 12 and under 14 years of age while in | 7 | | attendance at
confirmation classes;
| 8 | | 5. Any child absent from a public school on a | 9 | | particular day or days
or at a particular time of day for | 10 | | the reason that he is unable to attend
classes or to | 11 | | participate in any examination, study or work requirements | 12 | | on
a particular day or days or at a particular time of day, | 13 | | because the tenets
of his religion forbid secular activity | 14 | | on a particular day or days or at a
particular time of day. | 15 | | Each school board shall prescribe rules and
regulations | 16 | | relative to absences for religious holidays including, but | 17 | | not
limited to, a list of religious holidays on which it | 18 | | shall be mandatory to
excuse a child; but nothing in this | 19 | | paragraph 5 shall be construed to limit
the right of any | 20 | | school board, at its discretion, to excuse an absence on
| 21 | | any other day by reason of the observance of a religious | 22 | | holiday. A school
board may require the parent or guardian | 23 | | of a child who is to be excused
from attending school due | 24 | | to the observance of a religious holiday to give
notice, | 25 | | not exceeding 5 days, of the child's absence to the school
| 26 | | principal or other school personnel. Any child excused from |
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| 1 | | attending
school under this paragraph 5 shall not be | 2 | | required to submit a written
excuse for such absence after | 3 | | returning to school; and | 4 | | 6. Any child 16 years of age or older who (i) submits | 5 | | to a school district evidence of necessary and lawful | 6 | | employment pursuant to paragraph 3 of this Section and (ii) | 7 | | is enrolled in a graduation incentives program pursuant to | 8 | | Section 26-16 of this Code or an alternative learning | 9 | | opportunities program established pursuant to Article 13B | 10 | | of this Code.
| 11 | | (Source: P.A. 96-367, eff. 8-13-09.)
| 12 | | (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 13 | | Sec. 26-2. Enrolled pupils not of compulsory school age | 14 | | below 7 or over 17 .
| 15 | | (a) For school years before the 2013-2014 school year, any | 16 | | Any person having custody or
control of a child who is below | 17 | | the age of 7 years or is 17 years of age or above
and who is | 18 | | enrolled in any of grades kindergarten through 12
in the public | 19 | | school shall
cause him to attend the public school in the | 20 | | district wherein he resides when
it is in session during the | 21 | | regular school term, unless he is excused under
paragraph 2, 3, | 22 | | 4, 5, or 6 of Section 26-1.
For school years after the | 23 | | 2012-2013 school year, any person having
custody or control of | 24 | | a child who is below the age of 6 years or above the
age of 17 | 25 | | years and who is enrolled in any of grades kindergarten
through |
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| 1 | | 12 in the public school shall cause the child to attend the | 2 | | public
school in the district wherein he or she resides when it | 3 | | is in session
during the regular school term unless the child | 4 | | is excused under
paragraphs 2, 3, 4, or 5 of Section 26-1 of | 5 | | this Code.
| 6 | | (b) A school district shall deny reenrollment in its | 7 | | secondary schools
to any
child 19 years of age or above who has | 8 | | dropped out of school
and who could
not, because of age and | 9 | | lack of credits, attend classes during the normal
school year | 10 | | and graduate before his or her twenty-first birthday.
A | 11 | | district may, however, enroll the child in a graduation | 12 | | incentives program under Section 26-16 of this Code or an | 13 | | alternative learning
opportunities program established
under | 14 | | Article 13B.
No
child shall be denied reenrollment for the | 15 | | above reasons
unless the school district first offers the child
| 16 | | due process as required in cases of expulsion under Section
| 17 | | 10-22.6. If a child is denied reenrollment after being provided | 18 | | with due
process, the school district must provide counseling | 19 | | to that child and
must direct that child to
alternative | 20 | | educational
programs, including adult education programs, that | 21 | | lead to graduation or
receipt of a GED diploma.
| 22 | | (c) A school or school district may deny enrollment to a | 23 | | student 17 years
of age
or older for one semester for failure | 24 | | to meet minimum academic standards if all
of the
following | 25 | | conditions are met:
| 26 | | (1) The student achieved a grade point average of less |
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| 1 | | than "D" (or its
equivalent)
in the semester immediately | 2 | | prior to the current semester.
| 3 | | (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
| 6 | | enrollment for one semester unless a "D" average (or its | 7 | | equivalent) or better
is attained in the
current
semester.
| 8 | | (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.
| 11 | | (4) The student is provided with an academic | 12 | | improvement plan and academic
remediation services.
| 13 | | (5) The student fails to achieve a "D" average (or its | 14 | | equivalent) or
better in the current
semester.
| 15 | | A school or school district may deny enrollment to a | 16 | | student 17 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:
| 19 | | (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.
| 22 | | (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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| 1 | | (3) The student's parent or guardian is provided with | 2 | | the right to appeal
the
notice, as determined by the State | 3 | | Board of Education in accordance with due
process.
| 4 | | (4) The student is provided with attendance | 5 | | remediation services,
including
without limitation | 6 | | assessment, counseling, and support services.
| 7 | | (5) The student is absent without valid cause for 20% | 8 | | or more of the
attendance
days in the current semester.
| 9 | | A school or school district may not deny enrollment to a | 10 | | student (or
reenrollment
to a dropout) who is at least 17
years | 11 | | of age or older but below 19
years for more
than one | 12 | | consecutive semester for failure to meet academic or attendance
| 13 | | standards.
| 14 | | (d) No child may be denied enrollment or reenrollment under | 15 | | this
Section in violation
of the Individuals with Disabilities | 16 | | Education Act or the Americans with
Disabilities Act.
| 17 | | (e) In this subsection (e), "reenrolled student" means a | 18 | | dropout who has
reenrolled
full-time in a public school. Each | 19 | | school district shall identify, track, and
report on the
| 20 | | educational progress and outcomes of reenrolled students as a | 21 | | subset of the
district's
required reporting on all enrollments.
| 22 | | A reenrolled student who again drops out must not be counted | 23 | | again
against a district's dropout rate performance measure.
| 24 | | The State
Board of Education shall set performance standards | 25 | | for programs serving
reenrolled
students.
| 26 | | (f) The State Board of Education shall adopt any rules |
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| 1 | | necessary to
implement the
changes to this Section made by | 2 | | Public Act 93-803.
| 3 | | (Source: P.A. 95-417, eff. 8-24-07.)
| 4 | | Section 99. Effective date. This Act takes effect July 1, | 5 | | 2013. |
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