Full Text of HB5695 100th General Assembly
HB5695 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5695 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/26-1 | from Ch. 122, par. 26-1 |
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Amends the School Code. Makes technical and revisory changes in a Section concerning the
compulsory school age.
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| | 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 Section | 5 | | 26-1 as follows:
| 6 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| 7 | | Sec. 26-1. Compulsory school age; exemptions | 8 | | age-Exemptions . Whoever has custody or control of any child (i) | 9 | | between the the ages of 7 and 17
years (unless the child has | 10 | | already graduated from high school) for school years before the | 11 | | 2014-2015 school year or (ii) between the ages
of 6 (on or | 12 | | before September 1) and 17 years (unless the child has already | 13 | | graduated from high school) beginning with the 2014-2015 school | 14 | | year
shall cause such child to attend some public school in the | 15 | | district
wherein the child resides the entire time it is in | 16 | | session during the
regular school term, except as provided in | 17 | | Section 10-19.1, and during a
required summer school program | 18 | | established under Section 10-22.33B; provided,
that
the | 19 | | following children shall not be required to attend the public | 20 | | schools:
| 21 | | 1. Any child attending a private or a parochial school | 22 | | where children
are taught the branches of education taught | 23 | | to children of corresponding
age and grade in the public |
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| 1 | | schools, and where the instruction of the child
in the | 2 | | branches of education is in the English language;
| 3 | | 2. Any child who is physically or mentally unable to | 4 | | attend school, such
disability being certified to the | 5 | | county or district truant officer by a
competent physician | 6 | | licensed in Illinois to practice medicine and surgery in | 7 | | all its branches, a chiropractic physician licensed under | 8 | | the Medical Practice Act of 1987, a licensed advanced | 9 | | practice registered nurse, a licensed physician assistant, | 10 | | or a Christian Science practitioner residing in this
State | 11 | | and listed in the Christian Science Journal; or who is | 12 | | excused for
temporary absence for cause by
the principal or | 13 | | teacher of the school which the child attends; the | 14 | | exemptions
in this paragraph (2) do not apply to any female | 15 | | who is pregnant or the
mother of one or more children, | 16 | | except 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 part time
| 2 | | continuation schools, children so excused shall attend | 3 | | such schools at
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; | 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 | | 7. A child in any of grades 6 through 12 absent from a | 10 | | public school on a particular day or days or at a | 11 | | particular time of day for the purpose of sounding "Taps" | 12 | | at a military honors funeral held in this State for a | 13 | | deceased veteran. In order to be excused under this | 14 | | paragraph 7, the student shall notify the school's | 15 | | administration at least 2 days prior to the date of the | 16 | | absence and shall provide the school's administration with | 17 | | the date, time, and location of the military
honors | 18 | | funeral. The school's administration may waive this 2-day | 19 | | notification requirement if the student did not receive at | 20 | | least 2 days advance notice, but the student shall notify | 21 | | the school's administration as soon as possible of the | 22 | | absence. A student whose absence is excused under this | 23 | | paragraph 7 shall be counted as if the student attended | 24 | | school for purposes of calculating the average daily | 25 | | attendance of students in the school district. A student | 26 | | whose absence is excused under this paragraph 7 must be |
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| 1 | | allowed a reasonable time to make up school work missed | 2 | | during the absence. If the student satisfactorily | 3 | | completes the school work, the day of absence shall be | 4 | | counted as a day of compulsory attendance and he or she may | 5 | | not be penalized for that absence; and | 6 | | 8. 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 his or her parent or legal guardian is an | 9 | | active duty member of the uniformed services and has been | 10 | | called to duty for, is on leave from, or has immediately | 11 | | returned from deployment to a combat zone or combat-support | 12 | | postings. Such a student shall be granted 5 days of excused | 13 | | absences in any school year and, at the discretion of the | 14 | | school board, additional excused absences to visit the | 15 | | student's parent or legal guardian relative to such leave | 16 | | or deployment of the parent or legal guardian. In the case | 17 | | of excused absences pursuant to this paragraph 8, the | 18 | | student and parent or legal guardian shall be responsible | 19 | | for obtaining assignments from the student's teacher prior | 20 | | to any period of excused absence and for ensuring that such | 21 | | assignments are completed by the student prior to his or | 22 | | her return to school from such period of excused absence. | 23 | | (Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17; | 24 | | 100-185, eff. 8-18-17; 100-513, eff. 1-1-18; revised 9-22-17.)
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