Full Text of HB4011 101st General Assembly
HB4011 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4011 Introduced 1/8/2020, by Rep. Daniel Didech - Diane Pappas - Yehiel M. Kalish SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/26-1 | from Ch. 122, par. 26-1 |
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Amends the Compulsory Attendance of Pupils Article of the School Code. Provides that the list of religious holidays prescribed by a school board on which it shall be mandatory to excuse a child must include Eid al-Fitr, Eid al-Adha, Diwali, Vaisakhi, Onam, Yom Kippur, and Rosh Hashanah.
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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. 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 2014-2015 school year or | 11 | | (ii) between the ages
of 6 (on or before September 1) and 17 | 12 | | years (unless the child has already graduated from high school) | 13 | | beginning with the 2014-2015 school year
shall cause such child | 14 | | to attend some public school in the district
wherein the child | 15 | | resides the entire time it is in session during the
regular | 16 | | school term, except as provided in Section 10-19.1, and during | 17 | | a
required summer school program established under Section | 18 | | 10-22.33B; provided,
that
the following children shall not be | 19 | | required to attend the public schools:
| 20 | | 1. Any child attending a private or a parochial school | 21 | | where children
are taught the branches of education taught | 22 | | to children of corresponding
age and grade in the public | 23 | | schools, and where the instruction of the child
in the |
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| 1 | | branches of education is in the English language;
| 2 | | 2. Any child who is physically or mentally unable to | 3 | | attend school, such
disability being certified to the | 4 | | county or district truant officer by a
competent physician | 5 | | licensed in Illinois to practice medicine and surgery in | 6 | | all its branches, a chiropractic physician licensed under | 7 | | the Medical Practice Act of 1987, a licensed advanced | 8 | | practice registered nurse, a licensed physician assistant, | 9 | | or a Christian Science practitioner residing in this
State | 10 | | and listed in the Christian Science Journal; or who is | 11 | | excused for
temporary absence for cause by
the principal or | 12 | | teacher of the school which the child attends; the | 13 | | exemptions
in this paragraph (2) do not apply to any female | 14 | | who is pregnant or the
mother of one or more children, | 15 | | except where a female is unable to attend
school due to a | 16 | | complication arising from her pregnancy and the existence
| 17 | | of such complication is certified to the county or district | 18 | | truant officer
by a competent physician;
| 19 | | 3. Any child necessarily and lawfully employed | 20 | | according to the
provisions of the law regulating child | 21 | | labor may be excused from attendance
at school by the | 22 | | county superintendent of schools or the superintendent of
| 23 | | the public school which the child should be attending, on | 24 | | certification of
the facts by and the recommendation of the | 25 | | school board of the public
school district in which the | 26 | | child resides. In districts having part-time
continuation |
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| 1 | | schools, children so excused shall attend such schools at
| 2 | | least 8 hours each week;
| 3 | | 4. Any child over 12 and under 14 years of age while in | 4 | | attendance at
confirmation classes;
| 5 | | 5. Any child absent from a public school on a | 6 | | particular day or days
or at a particular time of day for | 7 | | the reason that he is unable to attend
classes or to | 8 | | participate in any examination, study or work requirements | 9 | | on
a particular day or days or at a particular time of day , | 10 | | because the tenets
of his religion forbid secular activity | 11 | | on a particular day or days or at a
particular time of day. | 12 | | Each school board shall prescribe rules and
regulations | 13 | | relative to absences for religious holidays , including, | 14 | | but not
limited to, a list of religious holidays on which | 15 | | it shall be mandatory to
excuse a child; but nothing in | 16 | | this paragraph 5 shall be construed to limit
the right of | 17 | | any school board, at its discretion, to excuse an absence | 18 | | on
any other day by reason of the observance of a religious | 19 | | holiday. The list of religious holidays prescribed by each | 20 | | school board must include Eid al-Fitr, Eid al-Adha, Diwali, | 21 | | Vaisakhi, Onam, Yom Kippur, and Rosh Hashanah. A school
| 22 | | board may require the parent or guardian of a child who is | 23 | | to be excused
from attending school due to the observance | 24 | | of a religious holiday to give
notice, not exceeding 5 | 25 | | days, of the child's absence to the school
principal or | 26 | | other school personnel. Any child excused from attending
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| 1 | | school under this paragraph 5 shall not be required to | 2 | | submit a written
excuse for such absence after returning to | 3 | | school; | 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 | | 7. A child in any of grades 6 through 12 absent from a | 12 | | public school on a particular day or days or at a | 13 | | particular time of day for the purpose of sounding "Taps" | 14 | | at a military honors funeral held in this State for a | 15 | | deceased veteran. In order to be excused under this | 16 | | paragraph 7, the student shall notify the school's | 17 | | administration at least 2 days prior to the date of the | 18 | | absence and shall provide the school's administration with | 19 | | the date, time, and location of the military
honors | 20 | | funeral. The school's administration may waive this 2-day | 21 | | notification requirement if the student did not receive at | 22 | | least 2 days advance notice, but the student shall notify | 23 | | the school's administration as soon as possible of the | 24 | | absence. A student whose absence is excused under this | 25 | | paragraph 7 shall be counted as if the student attended | 26 | | school for purposes of calculating the average daily |
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| 1 | | attendance of students in the school district. A student | 2 | | whose absence is excused under this paragraph 7 must be | 3 | | allowed a reasonable time to make up school work missed | 4 | | during the absence. If the student satisfactorily | 5 | | completes the school work, the day of absence shall be | 6 | | counted as a day of compulsory attendance and he or she may | 7 | | not be penalized for that absence; and | 8 | | 8. 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 his or her parent or legal guardian is an | 11 | | active duty member of the uniformed services and has been | 12 | | called to duty for, is on leave from, or has immediately | 13 | | returned from deployment to a combat zone or combat-support | 14 | | postings. Such a student shall be granted 5 days of excused | 15 | | absences in any school year and, at the discretion of the | 16 | | school board, additional excused absences to visit the | 17 | | student's parent or legal guardian relative to such leave | 18 | | or deployment of the parent or legal guardian. In the case | 19 | | of excused absences pursuant to this paragraph 8, the | 20 | | student and parent or legal guardian shall be responsible | 21 | | for obtaining assignments from the student's teacher prior | 22 | | to any period of excused absence and for ensuring that such | 23 | | assignments are completed by the student prior to his or | 24 | | her return to school from such period of excused absence. | 25 | | (Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17; | 26 | | 100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff. |
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| 1 | | 8-14-18.)
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