Illinois General Assembly - Full Text of HB3814
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Full Text of HB3814  103rd General Assembly


Sen. Doris Turner

Filed: 4/20/2023





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2    AMENDMENT NO. ______. Amend House Bill 3814 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
510-19.05 as follows:
6    (105 ILCS 5/10-19.05)
7    Sec. 10-19.05. Daily pupil attendance calculation.
8    (a) Except as otherwise provided in this Section, for a
9pupil of legal school age and in kindergarten or any of grades
101 through 12, a day of attendance shall be counted only for
11sessions of not less than 5 clock hours of school work per day
12under direct supervision of (i) teachers or (ii) non-teaching
13personnel or volunteer personnel when engaging in non-teaching
14duties and supervising in those instances specified in
15subsection (a) of Section 10-22.34 and paragraph 10 of Section
1634-18. Days of attendance by pupils through verified



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1participation in an e-learning program adopted by a school
2board and verified by the regional office of education or
3intermediate service center for the school district under
4Section 10-20.56 of this Code shall be considered as full days
5of attendance under this Section.
6    (b) A pupil regularly enrolled in a public school for only
7a part of the school day may be counted on the basis of
8one-sixth of a school day for every class hour of instruction
9of 40 minutes or more attended pursuant to such enrollment,
10unless a pupil is enrolled in a block-schedule format of 80
11minutes or more of instruction, in which case the pupil may be
12counted on the basis of the proportion of minutes of school
13work completed each day to the minimum number of minutes that
14school work is required to be held that day.
15    (c) A session of 4 or more clock hours may be counted as a
16day of attendance upon certification by the regional
17superintendent of schools and approval by the State
18Superintendent of Education to the extent that the district
19has been forced to use daily multiple sessions.
20    (d) A session of 3 or more clock hours may be counted as a
21day of attendance (1) when the remainder of the school day or
22at least 2 hours in the evening of that day is utilized for an
23in-service training program for teachers, up to a maximum of
2410 days per school year, provided that a district conducts an
25in-service training program for teachers in accordance with
26Section 10-22.39 of this Code, or, in lieu of 4 such days, 2



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1full days may be used, in which event each such day may be
2counted as a day required for a legal school calendar pursuant
3to Section 10-19 of this Code; (2) when, of the 5 days allowed
4under item (1), a maximum of 4 days are used for parent-teacher
5conferences, or, in lieu of 4 such days, 2 full days are used,
6in which case each such day may be counted as a calendar day
7required under Section 10-19 of this Code, provided that the
8full-day, parent-teacher conference consists of (i) a minimum
9of 5 clock hours of parent-teacher conferences, (ii) both a
10minimum of 2 clock hours of parent-teacher conferences held in
11the evening following a full day of student attendance and a
12minimum of 3 clock hours of parent-teacher conferences held on
13the day immediately following evening parent-teacher
14conferences, or (iii) multiple parent-teacher conferences held
15in the evenings following full days of student attendance in
16which the time used for the parent-teacher conferences is
17equivalent to a minimum of 5 clock hours; and (3) when days in
18addition to those provided in items (1) and (2) are scheduled
19by a school pursuant to its school improvement plan adopted
20under Article 34 or its revised or amended school improvement
21plan adopted under Article 2, provided that (i) such sessions
22of 3 or more clock hours are scheduled to occur at regular
23intervals, (ii) the remainder of the school days in which such
24sessions occur are utilized for in-service training programs
25or other staff development activities for teachers, and (iii)
26a sufficient number of minutes of school work under the direct



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1supervision of teachers are added to the school days between
2such regularly scheduled sessions to accumulate not less than
3the number of minutes by which such sessions of 3 or more clock
4hours fall short of 5 clock hours. Days scheduled for
5in-service training programs, staff development activities, or
6parent-teacher conferences may be scheduled separately for
7different grade levels and different attendance centers of the
9    (e) A session of not less than one clock hour of teaching
10hospitalized or homebound pupils on-site or by telephone to
11the classroom may be counted as a half day of attendance;
12however, these pupils must receive 4 or more clock hours of
13instruction to be counted for a full day of attendance.
14    (f) A session of at least 4 clock hours may be counted as a
15day of attendance for first grade pupils and pupils in
16full-day kindergartens, and a session of 2 or more hours may be
17counted as a half day of attendance by pupils in kindergartens
18that provide only half days of attendance.
19    (g) For children with disabilities who are below the age
20of 6 years and who cannot attend 2 or more clock hours because
21of their disability or immaturity, a session of not less than
22one clock hour may be counted as a half day of attendance;
23however, for such children whose educational needs require a
24session of 4 or more clock hours, a session of at least 4 clock
25hours may be counted as a full day of attendance.
26    (h) A recognized kindergarten that provides for only a



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1half day of attendance by each pupil shall not have more than
2one half day of attendance counted in any one day. However,
3kindergartens may count 2 and a half days of attendance in any
45 consecutive school days. When a pupil attends such a
5kindergarten for 2 half days on any one school day, the pupil
6shall have the following day as a day absent from school,
7unless the school district obtains permission in writing from
8the State Superintendent of Education. Attendance at
9kindergartens that provide for a full day of attendance by
10each pupil shall be counted the same as attendance by first
11grade pupils. Only the first year of attendance in one
12kindergarten shall be counted, except in the case of children
13who entered the kindergarten in their fifth year whose
14educational development requires a second year of kindergarten
15as determined under rules of the State Board of Education.
16    (i) On the days when the State's final accountability
17assessment is administered under subsection (c) of Section
182-3.64a-5 of this Code, the day of attendance for a pupil whose
19school day must be shortened to accommodate required testing
20procedures may be less than 5 clock hours and shall be counted
21toward the 176 days of actual pupil attendance required under
22Section 10-19 of this Code, provided that a sufficient number
23of minutes of school work in excess of 5 clock hours are first
24completed on other school days to compensate for the loss of
25school work on the examination days.
26    (j) Pupils enrolled in a remote educational program



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1established under Section 10-29 of this Code may be counted on
2the basis of a one-fifth day of attendance for every clock hour
3of instruction attended in the remote educational program,
4provided that, in any month, the school district may not claim
5for a student enrolled in a remote educational program more
6days of attendance than the maximum number of days of
7attendance the district can claim (i) for students enrolled in
8a building holding year-round classes if the student is
9classified as participating in the remote educational program
10on a year-round schedule or (ii) for students enrolled in a
11building not holding year-round classes if the student is not
12classified as participating in the remote educational program
13on a year-round schedule.
14    (j-5) The clock hour requirements of subsections (a)
15through (j) of this Section do not apply if the Governor has
16declared a disaster due to a public health emergency pursuant
17to Section 7 of the Illinois Emergency Management Agency Act.
18The State Superintendent of Education may establish minimum
19clock hour requirements under Sections 10-30 and 34-18.66 if
20the Governor has declared a disaster due to a public health
21emergency pursuant to Section 7 of the Illinois Emergency
22Management Agency Act.
23    (k) Pupil participation in any of the following activities
24shall be counted toward the calculation of clock hours of
25school work per day:
26        (1) Instruction in a college course in which a student



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1    is dually enrolled for both high school credit and college
2    credit.
3        (2) Participation in a Supervised Career Development
4    Experience, as defined in Section 10 of the Postsecondary
5    and Workforce Readiness Act, or any work-based learning
6    experience in which student participation and learning
7    outcomes are directed supervised by an educator licensed
8    under Article 21B for assessment of competencies.
9    Participation in a work-based learning experience may
10    include, but is not limited to, scheduled events of State
11    FFA associations, the National FFA Organization, and 4-H
12    programs as part of organized competitions or exhibitions.
13    The student and the student's parent or legal guardian
14    shall be responsible for obtaining assignments missed
15    while the student was participating in a Supervised Career
16    Development Experience or other work-based learning
17    experience pursuant to this paragraph (2) from the
18    student's teacher.
19        (3) Participation in a youth apprenticeship, as
20    jointly defined in rules of the State Board of Education
21    and Department of Commerce and Economic Opportunity, in
22    which student participation and outcomes are directed
23    supervised by an educator licensed under Article 21B for
24    assessment of competencies. The student and the student's
25    parent or legal guardian shall be responsible for
26    obtaining assignments missed while the student was



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1    participating in a youth apprenticeship pursuant to this
2    paragraph (3) from the student's teacher.
3        (4) Participation in a blended learning program
4    approved by the school district in which course content,
5    student evaluation, and instructional methods are
6    supervised by an educator licensed under Article 21B.
7(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)".