Illinois General Assembly - Full Text of HB4011
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Full Text of HB4011  101st General Assembly


Rep. Daniel Didech

Filed: 2/19/2020





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2    AMENDMENT NO. ______. Amend House Bill 4011 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Sections
526-1 and 26-2b 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 (i) between the ages of 7 and
917 years (unless the child has already graduated from high
10school) for school years before the 2014-2015 school year or
11(ii) between the ages of 6 (on or before September 1) and 17
12years (unless the child has already graduated from high school)
13beginning with the 2014-2015 school year shall cause such child
14to attend some public school in the district wherein the child
15resides the entire time it is in session during the regular
16school term, except as provided in Section 10-19.1, and during



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1a required summer school program established under Section
210-22.33B; provided, that the following children shall not be
3required to attend the public schools:
4        1. Any child attending a private or a parochial school
5    where children are taught the branches of education taught
6    to children of corresponding age and grade in the public
7    schools, and where the instruction of the child in the
8    branches of education is in the English language;
9        2. Any child who is physically or mentally unable to
10    attend school, such disability being certified to the
11    county or district truant officer by a competent physician
12    licensed in Illinois to practice medicine and surgery in
13    all its branches, a chiropractic physician licensed under
14    the Medical Practice Act of 1987, a licensed advanced
15    practice registered nurse, a licensed physician assistant,
16    or a Christian Science practitioner residing in this State
17    and listed in the Christian Science Journal; or who is
18    excused for temporary absence for cause by the principal or
19    teacher of the school which the child attends; the
20    exemptions in this paragraph (2) do not apply to any female
21    who is pregnant or the mother of one or more children,
22    except where a female is unable to attend school due to a
23    complication arising from her pregnancy and the existence
24    of such complication is certified to the county or district
25    truant officer by a competent physician;
26        3. Any child necessarily and lawfully employed



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1    according to the provisions of the law regulating child
2    labor may be excused from attendance at school by the
3    county superintendent of schools or the superintendent of
4    the public school which the child should be attending, on
5    certification of the facts by and the recommendation of the
6    school board of the public school district in which the
7    child resides. In districts having part-time continuation
8    schools, children so excused shall attend such schools at
9    least 8 hours each week;
10        4. Any child over 12 and under 14 years of age while in
11    attendance at confirmation classes;
12        5. Any child absent from a public school on a
13    particular day or days or at a particular time of day for
14    the reason that he is unable to attend classes or to
15    participate in any examination, study, or work
16    requirements on a particular day or days or at a particular
17    time of day because of religious reasons, including the
18    observance of a religious holiday or participation in
19    religious instruction, or , because the tenets of his
20    religion forbid secular activity on a particular day or
21    days or at a particular time of day. Each school board
22    shall prescribe rules and regulations relative to absences
23    for religious holidays including, but not limited to, a
24    list of religious holidays on which it shall be mandatory
25    to excuse a child; but nothing in this paragraph 5 shall be
26    construed to limit the right of any school board, at its



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1    discretion, to excuse an absence on any other day by reason
2    of the observance of a religious holiday. A school board
3    may require the parent or guardian of a child who is to be
4    excused from attending school because of religious reasons
5    due to the observance of a religious holiday to give
6    notice, not exceeding 5 days, of the child's absence to the
7    school principal or other school personnel. Any child
8    excused from attending school under this paragraph 5 shall
9    not be required to submit a written excuse for such absence
10    after returning to school. A district superintendent shall
11    develop and distribute to schools appropriate procedures
12    regarding a student's absence for religious reasons, how
13    schools are notified of a student's impending absence for
14    religious reasons, and the requirements of Section 26-2b of
15    this Code;
16        6. Any child 16 years of age or older who (i) submits
17    to a school district evidence of necessary and lawful
18    employment pursuant to paragraph 3 of this Section and (ii)
19    is enrolled in a graduation incentives program pursuant to
20    Section 26-16 of this Code or an alternative learning
21    opportunities program established pursuant to Article 13B
22    of this Code;
23        7. A child in any of grades 6 through 12 absent from a
24    public school on a particular day or days or at a
25    particular time of day for the purpose of sounding "Taps"
26    at a military honors funeral held in this State for a



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1    deceased veteran. In order to be excused under this
2    paragraph 7, the student shall notify the school's
3    administration at least 2 days prior to the date of the
4    absence and shall provide the school's administration with
5    the date, time, and location of the military honors
6    funeral. The school's administration may waive this 2-day
7    notification requirement if the student did not receive at
8    least 2 days advance notice, but the student shall notify
9    the school's administration as soon as possible of the
10    absence. A student whose absence is excused under this
11    paragraph 7 shall be counted as if the student attended
12    school for purposes of calculating the average daily
13    attendance of students in the school district. A student
14    whose absence is excused under this paragraph 7 must be
15    allowed a reasonable time to make up school work missed
16    during the absence. If the student satisfactorily
17    completes the school work, the day of absence shall be
18    counted as a day of compulsory attendance and he or she may
19    not be penalized for that absence; and
20        8. Any child absent from a public school on a
21    particular day or days or at a particular time of day for
22    the reason that his or her parent or legal guardian is an
23    active duty member of the uniformed services and has been
24    called to duty for, is on leave from, or has immediately
25    returned from deployment to a combat zone or combat-support
26    postings. Such a student shall be granted 5 days of excused



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1    absences in any school year and, at the discretion of the
2    school board, additional excused absences to visit the
3    student's parent or legal guardian relative to such leave
4    or deployment of the parent or legal guardian. In the case
5    of excused absences pursuant to this paragraph 8, the
6    student and parent or legal guardian shall be responsible
7    for obtaining assignments from the student's teacher prior
8    to any period of excused absence and for ensuring that such
9    assignments are completed by the student prior to his or
10    her return to school from such period of excused absence.
11(Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17;
12100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff.
14    (105 ILCS 5/26-2b)  (from Ch. 122, par. 26-2b)
15    Sec. 26-2b. Any child enrolled in a public school who is
16unable, because of the observance of a religious holiday, to
17attend classes on a particular day or days or at a particular
18time of day shall be excused from any examination or any study
19or work assignments on such particular day or days or at such
20particular time of day. It shall be the responsibility of the
21teachers and of the administrative officials of each public
22school to make available to each child who is absent from
23school because of the observance of a religious holiday an
24equivalent opportunity to make up any examination, study or
25work requirements which he has missed because of such absence



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1on any particular day or days or at any particular time of day.
2No special fees of any kind shall be charged to the child for
3making available to such child such equivalent opportunity. No
4adverse or prejudicial effects shall result to any child
5because of his availing himself of the provisions of this
7    The provisions of this Section shall apply only if the
8rules and regulations of the school board promulgated pursuant
9to paragraph 5 of Section 26-1 have been complied with.
10(Source: P.A. 84-212.)".