Full Text of HB4240 99th General Assembly
HB4240 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4240 Introduced , by Rep. Mary E. Flowers - La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/26-8 | from Ch. 122, par. 26-8 | 105 ILCS 5/26-10 | from Ch. 122, par. 26-10 | 105 ILCS 5/26-13 | from Ch. 122, par. 26-13 |
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Amends the Compulsory Attendance Article of the School Code. Provides that any person having custody or control
of a child subject to the Article to whom notice has
been given of the child's truancy and who knowingly and willfully permits
such a child to persist in his or her truancy within that school year must complete a parent education course or undergo family counseling upon a finding by the school board of a violation (instead of providing that the person is guilty of a Class C misdemeanor and is subject to
not more than 30 days imprisonment or a fine of up to $500 or both upon conviction
thereof). Makes related changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning 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 | | 26-8, 26-10, and 26-13 as follows:
| 6 | | (105 ILCS 5/26-8) (from Ch. 122, par. 26-8)
| 7 | | Sec. 26-8. Determination as to compliance - Complaint in | 8 | | circuit court.
A truant officer or, in a school district that | 9 | | does not have a truant officer, the regional superintendent of | 10 | | schools or his or her designee, after giving the notice | 11 | | provided in Section 26-7, shall
determine whether the notice | 12 | | has been complied with. If 3 notices have been given and the | 13 | | notices have not
been complied with, and if the persons having | 14 | | custody or control have knowingly
and willfully wilfully | 15 | | permitted the truant behavior to continue, the regional | 16 | | superintendent of schools, or his or her designee, of the | 17 | | school district where the child resides shall conduct a truancy | 18 | | hearing. If the regional superintendent determines as a result | 19 | | of the hearing that the child is truant, the regional | 20 | | superintendent shall, if age appropriate at the discretion of | 21 | | the regional superintendent, require the student to complete 20 | 22 | | to 40 hours of community service over a period of 90 days. If | 23 | | the truancy persists, the regional superintendent shall (i) |
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| 1 | | make complaint against the persons having custody or control to | 2 | | the state's
attorney or in the circuit court in the county | 3 | | where such person resides
for failure to comply with the | 4 | | provisions of this Article or (ii) conduct truancy mediation | 5 | | and encourage the student to enroll in a graduation incentives | 6 | | program under Section 26-16 of this Code. If, however,
after | 7 | | giving the notice provided in Section 26-7 the truant behavior | 8 | | has
continued, and the child is beyond the control of the | 9 | | parents, guardians
or custodians, a truancy petition shall be | 10 | | filed under the provisions of
Article III of the Juvenile Court | 11 | | Act of 1987.
| 12 | | (Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
| 13 | | (105 ILCS 5/26-10) (from Ch. 122, par. 26-10)
| 14 | | Sec. 26-10. Noncompliance. Fine for noncompliance.) Any | 15 | | person having custody or control
of a child subject to the | 16 | | provisions of this Article to whom notice has
been given of the | 17 | | child's truancy and who knowingly and willfully wilfully | 18 | | permits
such a child to persist in his or her truancy within | 19 | | that school year must complete a parent education course or | 20 | | undergo family counseling upon a finding by the school board of | 21 | | a violation of this Section , upon conviction
thereof shall be | 22 | | guilty of a Class C misdemeanor and shall be subject to
not | 23 | | more than 30 days imprisonment and/or a fine of up to $500 .
| 24 | | (Source: P.A. 80-908.)
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| 1 | | (105 ILCS 5/26-13) (from Ch. 122, par. 26-13)
| 2 | | Sec. 26-13. Absenteeism and truancy policies. School | 3 | | districts shall
adopt policies, consistent with rules adopted | 4 | | by the State Board of
Education, which identify the appropriate | 5 | | supportive services and available
resources which are provided | 6 | | for truants and chronic truants and the persons having custody | 7 | | or control of these children .
| 8 | | (Source: P.A. 84-1420.)
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