Full Text of SB2332 101st General Assembly
SB2332sam001 101ST GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 3/13/2020
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| 1 | | AMENDMENT TO SENATE BILL 2332
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2332 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 26-8 and 34-4.5 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, may shall
determine whether the | 12 | | notice has been complied with. If 3 notices have been given and | 13 | | the notices have not
been complied with, and if the persons | 14 | | having 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 |
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| 1 | | school district where the child resides may shall conduct a | 2 | | truancy hearing. If the regional superintendent determines as a | 3 | | result of the hearing that the child is truant, the regional | 4 | | superintendent may shall , if age appropriate at the discretion | 5 | | of the regional superintendent, require the student to complete | 6 | | 20 to 40 hours of community service over a period of 90 days. | 7 | | If the truancy persists, the regional superintendent may shall | 8 | | (i) make complaint against the persons having custody or | 9 | | control to the state's
attorney or in the circuit court in the | 10 | | county where such person resides
for failure to comply with the | 11 | | provisions of this Article or (ii) conduct truancy mediation | 12 | | and encourage the student to enroll in a graduation incentives | 13 | | program under Section 26-16 of this Code. If, however,
after | 14 | | giving the notice provided in Section 26-7 the truant behavior | 15 | | has
continued, and the child is beyond the control of the | 16 | | parents, guardians
or custodians, a truancy petition may shall | 17 | | be filed under the provisions of
Article III of the Juvenile | 18 | | Court Act of 1987.
| 19 | | (Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
| 20 | | (105 ILCS 5/34-4.5)
| 21 | | Sec. 34-4.5. Chronic truants.
| 22 | | (a) Socio-emotional focused attendance intervention Office | 23 | | of Chronic Truant Adjudication . The chief executive officer or | 24 | | his or her designee board shall implement a socio-emotional | 25 | | focused attendance approach that targets the underlying causes |
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| 1 | | of chronic truancy. For each pupil identified as a chronic | 2 | | truant, as defined in Section 26-2a of this Code, the board may | 3 | | establish an individualized student attendance plan to | 4 | | identify and resolve the underlying cause of the pupil's | 5 | | chronic truancy. establish and
implement an Office of Chronic | 6 | | Truant Adjudication, which shall be responsible
for | 7 | | administratively adjudicating cases of chronic truancy and | 8 | | imposing
appropriate sanctions. The board shall appoint or | 9 | | employ hearing officers to
perform the adjudicatory functions | 10 | | of that Office. Principals
and other appropriate personnel may | 11 | | refer pupils suspected of being
chronic truants, as defined in | 12 | | Section 26-2a of this Code, to the Office of
Chronic Truant | 13 | | Adjudication.
| 14 | | (b) Notices. Prior to the implementation of any truancy | 15 | | intervention services pursuant to subsection (d) of this | 16 | | Section Before any hearing may be held under subsection (c) , | 17 | | the
principal of
the school attended by the pupil or the | 18 | | principal's designee shall notify the
pupil's parent or | 19 | | guardian by personal visit, letter, or telephone of each
| 20 | | unexcused absence of the pupil. After giving the parent or | 21 | | guardian notice of
the tenth unexcused absence of the pupil, | 22 | | the principal or the principal's
designee shall send the | 23 | | pupil's parent or guardian a letter, by certified mail,
return | 24 | | receipt requested, notifying the parent or guardian that he or | 25 | | she is
subjecting himself or herself to truancy intervention | 26 | | services a hearing procedure as provided under
subsection (d) |
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| 1 | | (c) and clearly describing any and all possible penalties that | 2 | | may
be imposed as provided for in subsections (d) and (e) of | 3 | | this Section.
| 4 | | (c) (Blank). Hearing. Once a pupil has been referred to the | 5 | | Office of Chronic Truant
Adjudication, a hearing shall be | 6 | | scheduled before an appointed hearing officer,
and the pupil | 7 | | and the pupil's parents or guardian shall be notified by
| 8 | | certified mail, return receipt requested stating the time, | 9 | | place, and purpose
of the
hearing. The hearing officer shall | 10 | | hold a hearing and render a written
decision within 14 days | 11 | | determining whether the pupil is a chronic truant as
defined in | 12 | | Section 26-2a of this Code and whether the parent or guardian | 13 | | took
reasonable steps to assure the pupil's attendance at | 14 | | school. The hearing shall
be private unless a public hearing is | 15 | | requested by the pupil's parent or
guardian, and the pupil may
| 16 | | be present at the
hearing with
a representative in addition to | 17 | | the pupil's parent or guardian. The board
shall present | 18 | | evidence of the pupil's truancy, and the pupil and
the parent | 19 | | or guardian or representative of the pupil may cross examine
| 20 | | witnesses,
present witnesses and evidence, and present | 21 | | defenses to the charges. All
testimony at the hearing shall be | 22 | | taken under oath administered by the hearing
officer. The | 23 | | decision of the hearing officer shall constitute an
| 24 | | "administrative decision" for purposes of judicial review | 25 | | under the
Administrative Review Law.
| 26 | | (d) Truancy intervention services Penalties . The chief |
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| 1 | | executive officer or the chief executive officer's designee | 2 | | hearing officer may require the pupil or the pupil's
parent or | 3 | | guardian or both the pupil and the pupil's parent or guardian | 4 | | to do
any or all of the following: perform reasonable school or | 5 | | community services
for a period not to exceed 30 days; complete | 6 | | a parenting education program;
obtain counseling or other | 7 | | supportive services; and comply with an
individualized
| 8 | | educational plan or service plan as provided by appropriate | 9 | | school officials.
If the parent or guardian of the chronic | 10 | | truant shows that he or she
took reasonable steps to ensure | 11 | | insure attendance of the pupil at school, he or she
shall not | 12 | | be required to perform services.
| 13 | | (e) Non-compliance with services sanctions . | 14 | | Notwithstanding any other provision of law to the contrary, if | 15 | | If a pupil determined by the chief executive officer or the | 16 | | chief executive officer's designee a hearing
officer to be a | 17 | | chronic truant or the parent or guardian of the pupil fails to | 18 | | fully participate in the services offered
comply with the | 19 | | sanctions ordered by the hearing officer under subsection (d) | 20 | | (c)
of this Section, the chief executive officer or the chief | 21 | | executive officer's designee Office of Chronic Truant | 22 | | Adjudication may refer the
matter to the Department of Human | 23 | | Services, the Department of Healthcare and Family Services, or | 24 | | any other applicable organization or State agency for | 25 | | socio-emotional based intervention and prevention services. | 26 | | Additionally, if the circumstances regarding a pupil |
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| 1 | | identified as a chronic truant reasonably indicate that the | 2 | | pupil may be subject to abuse or neglect, apart from truancy, | 3 | | the chief executive officer or his or her designee must report | 4 | | any findings that support suspected abuse or neglect to the | 5 | | Department of Children and Family Services pursuant to the | 6 | | Abused and Neglected Child Reporting Act. A State agency that | 7 | | receives a referral may enter into a data sharing agreement | 8 | | with the school district to share applicable student referral | 9 | | and case data. A State agency that receives a referral from the | 10 | | school district shall implement an intake process that may | 11 | | include a consent form that allows the agency to share | 12 | | information with the school district. the State's Attorney for | 13 | | prosecution under Section 3-33.5 of the
Juvenile Court Act of | 14 | | 1987 .
| 15 | | (f) Limitation on applicability. Nothing in this Section | 16 | | shall be construed
to apply to a parent or guardian of a pupil | 17 | | not required to attend a public
school pursuant to Section | 18 | | 26-1.
| 19 | | (Source: P.A. 94-1011, eff. 7-7-06.)
| 20 | | Section 10. The Juvenile Court Act of 1987 is amended by | 21 | | changing Section 3-33.5 as follows: | 22 | | (705 ILCS 405/3-33.5)
| 23 | | Sec. 3-33.5. Truant minors in need of supervision.
| 24 | | (a) Definition. A
minor who is reported by the office of |
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| 1 | | the regional superintendent of schools ,
or, in cities of over | 2 | | 500,000 inhabitants, by the Office of Chronic Truant
| 3 | | Adjudication, as a chronic truant may be subject to a petition | 4 | | for adjudication and adjudged a
truant minor in need of | 5 | | supervision, provided that prior to the filing of the petition, | 6 | | the office
of the regional superintendent of schools , the | 7 | | Office of Chronic Truant
Adjudication, or a community truancy | 8 | | review board certifies that the local school has provided | 9 | | appropriate truancy intervention services
to the truant minor | 10 | | and his or her family. For purposes of this Section, "truancy | 11 | | intervention services"
means services designed to assist the | 12 | | minor's return to an educational program, and includes but is | 13 | | not
limited to: assessments, counseling, mental health | 14 | | services, shelter, optional and alternative education
| 15 | | programs, tutoring, and educational advocacy. If, after review | 16 | | by the regional office of education , the Office of Chronic | 17 | | Truant
Adjudication, or
community truancy review board , it is | 18 | | determined the local
school did not provide the appropriate | 19 | | interventions, then the minor shall be referred to a | 20 | | comprehensive community
based youth service agency for truancy | 21 | | intervention services. If the comprehensive community based | 22 | | youth service
agency is incapable to provide intervention | 23 | | services, then this requirement for services is
not applicable. | 24 | | The comprehensive community based youth service agency shall | 25 | | submit reports to the office of the
regional superintendent of | 26 | | schools , the Office of Chronic Truant
Adjudication, or truancy |
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| 1 | | review board within 20, 40, and 80 school days of the initial | 2 | | referral or at any other time requested by the
office of the | 3 | | regional superintendent of schools , the Office of Chronic | 4 | | Truant
Adjudication, or truancy review board, which reports | 5 | | each shall certify the date of the minor's referral and the | 6 | | extent of the
minor's progress and participation in truancy | 7 | | intervention services provided by the comprehensive community | 8 | | based youth service agency. In addition, if, after referral by | 9 | | the office of the regional superintendent of
schools , the | 10 | | Office of Chronic Truant
Adjudication, or community truancy | 11 | | review board, the minor
declines or refuses to fully | 12 | | participate in truancy intervention services provided by the | 13 | | comprehensive community based
youth service agency, then the | 14 | | agency shall immediately certify such facts to the office of | 15 | | the regional
superintendent of schools , the Office of Chronic | 16 | | Truant
Adjudication, or community truancy review board. | 17 | | (a-1) There is a rebuttable presumption that a chronic | 18 | | truant is a truant
minor in need of supervision. | 19 | | (a-2) There is a rebuttable presumption that school records | 20 | | of a minor's
attendance at school are authentic. | 21 | | (a-3) For purposes of this Section, "chronic truant" has | 22 | | the meaning
ascribed to it in Section 26-2a of the School Code. | 23 | | (a-4) For purposes of this Section, a "community truancy | 24 | | review board" is a local community based board comprised of but | 25 | | not limited to: representatives from local comprehensive | 26 | | community based youth service agencies, representatives from |
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| 1 | | court service agencies, representatives from local schools, | 2 | | representatives from health service agencies, and | 3 | | representatives from local professional and community | 4 | | organizations as deemed appropriate by the office of the | 5 | | regional superintendent of schools , or, in cities of over | 6 | | 500,000 inhabitants, by the Office of Chronic Truant
| 7 | | Adjudication . The regional superintendent of schools , or, in | 8 | | cities of over 500,000 inhabitants, the Office of Chronic | 9 | | Truant
Adjudication, must approve the establishment and | 10 | | organization of a community truancy review board , and the | 11 | | regional superintendent of schools or his or her designee , or, | 12 | | in cities of over 500,000 inhabitants, the general | 13 | | superintendent of schools or his or her designee, shall chair | 14 | | the board. | 15 | | (a-5) Nothing in this Section shall be construed to create | 16 | | a private cause of action or right of recovery against a | 17 | | regional office of education or the Office of Chronic Truant
| 18 | | Adjudication , its superintendent, or its staff with respect to | 19 | | truancy intervention services where the determination to | 20 | | provide the services is made in good faith. | 21 | | (b) Kinds of dispositional orders. A minor found to be a | 22 | | truant minor
in need of supervision may be: | 23 | | (1) committed to the appropriate
regional | 24 | | superintendent of schools for a student assistance team | 25 | | staffing, a service plan, or referral to a comprehensive | 26 | | community based youth service agency; |
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| 1 | | (2) required to comply with a service
plan as | 2 | | specifically provided by the appropriate regional | 3 | | superintendent of
schools; | 4 | | (3) ordered to obtain counseling or other supportive | 5 | | services; | 6 | | (4) (blank); subject to a fine in an amount in excess | 7 | | of $5, but not exceeding
$100, and each day of absence | 8 | | without valid cause as defined in Section 26-2a
of The | 9 | | School Code is a separate offense; | 10 | | (5) required to perform some reasonable public service | 11 | | work such as, but
not limited to, the picking up of litter | 12 | | in public parks or along public
highways or the maintenance | 13 | | of public facilities; or | 14 | | (6) (blank). subject to having his or her driver's | 15 | | license or driving privilege
suspended for a period of time | 16 | | as determined by the court but only until he
or she attains | 17 | | 18 years of age. | 18 | | A dispositional order may include a fine, public service , | 19 | | or
suspension of a driver's license or privilege only if the | 20 | | court has made an
express written finding that a truancy | 21 | | prevention program has been offered by
the school, regional | 22 | | superintendent of schools, or a comprehensive community based | 23 | | youth service
agency to the truant minor in need of | 24 | | supervision. | 25 | | (c) Orders entered under this Section may be enforced by | 26 | | contempt
proceedings.
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| 1 | | (Source: P.A. 97-975, eff. 8-17-12.)".
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