Full Text of HB2985 097th General Assembly
HB2985 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2985 Introduced 2/23/2011, by Rep. Jehan A. Gordon SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/3-15.12 | from Ch. 122, par. 3-15.12 |
105 ILCS 5/26-1 | from Ch. 122, par. 26-1 |
105 ILCS 5/26-2 | from Ch. 122, par. 26-2 |
105 ILCS 5/26-14 | from Ch. 122, par. 26-14 |
|
Amends the School Code. Increases the compulsory school age from 17 to 18 years of age; makes related changes. Effective July 1, 2011.
|
| |
| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
|
| | | HB2985 | | LRB097 07683 NHT 47794 b |
|
| 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 Sections | 5 | | 3-15.12, 26-1, 26-2, and 26-14 as follows: | 6 | | (105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)
| 7 | | Sec. 3-15.12. High school equivalency testing program.
The | 8 | | regional
superintendent of schools shall make available for | 9 | | qualified individuals
residing within the region a High School | 10 | | Equivalency Testing Program.
For that purpose the regional | 11 | | superintendent alone or with other
regional superintendents | 12 | | may establish and supervise a testing center or
centers to | 13 | | administer the secure forms of the high school level Test of
| 14 | | General Educational Development to qualified persons. Such | 15 | | centers
shall be under the supervision of the regional | 16 | | superintendent in whose
region such centers are located, | 17 | | subject to the approval
of the
President of the Illinois | 18 | | Community College Board.
| 19 | | An individual is eligible to apply to the regional | 20 | | superintendent of schools
for the region in which he or she
| 21 | | resides if he or she is: (a) a person who is 18 17 years
of age | 22 | | or older, has maintained residence in the State of Illinois,
| 23 | | and is
not a high school graduate; (b)
a person who is |
| | | HB2985 | - 2 - | LRB097 07683 NHT 47794 b |
|
| 1 | | successfully completing an
alternative education program under | 2 | | Section 2-3.81, Article 13A,
or Article 13B; or (c) a
person | 3 | | who is
enrolled in a youth education program sponsored by the | 4 | | Illinois National
Guard.
For purposes of this Section, | 5 | | residence is that abode which the applicant
considers his or | 6 | | her home. Applicants may provide as sufficient proof of such
| 7 | | residence and as an acceptable form of identification a | 8 | | driver's license, valid passport, military ID, or other form of | 9 | | government-issued national or foreign identification that | 10 | | shows the applicant's name, address, date of birth, signature, | 11 | | and photograph or other acceptable identification as may be | 12 | | allowed by law or as regulated by the Illinois Community | 13 | | College Board. Such regional superintendent shall determine if | 14 | | the
applicant meets statutory and regulatory state standards. | 15 | | If qualified the
applicant shall at the time of such | 16 | | application pay a fee established by the
Illinois Community | 17 | | College Board, which fee shall be paid into a special
fund
| 18 | | under the control and supervision of the regional | 19 | | superintendent. Such moneys
received by the regional | 20 | | superintendent shall be used, first, for the
expenses incurred
| 21 | | in administering and scoring the examination, and next for | 22 | | other educational
programs that are developed and designed by | 23 | | the regional superintendent of
schools to assist those who | 24 | | successfully complete the high school level test of
General | 25 | | Education Development in furthering their academic development | 26 | | or
their ability to secure and retain gainful employment, |
| | | HB2985 | - 3 - | LRB097 07683 NHT 47794 b |
|
| 1 | | including programs for
the competitive award based on test | 2 | | scores of college or adult education
scholarship grants or | 3 | | similar educational incentives. Any excess moneys shall
be paid | 4 | | into the institute fund.
| 5 | | Any applicant who has achieved the minimum passing | 6 | | standards as
established by the
Illinois Community College | 7 | | Board shall be
notified in writing by the regional | 8 | | superintendent and shall be
issued a high school equivalency | 9 | | certificate on the forms provided by the
Illinois Community | 10 | | College Board. The regional superintendent shall
then certify | 11 | | to the Illinois Community College Board
the score of the | 12 | | applicant and such other and additional information
that may be | 13 | | required by the Illinois Community College Board. The
moneys | 14 | | received therefrom shall be used in the same manner as provided
| 15 | | for in this Section.
| 16 | | Any applicant who has attained the age of 18 17 years and | 17 | | maintained
residence in the State of Illinois and is not a high | 18 | | school graduate, any person who has enrolled in a youth | 19 | | education program sponsored by the Illinois National Guard, or | 20 | | any person who has successfully completed
an
alternative | 21 | | education program under Section 2-3.81,
Article 13A, or Article | 22 | | 13B is eligible to apply for a high school equivalency
| 23 | | certificate (if he or she meets the requirements prescribed by | 24 | | the Illinois Community College Board) upon showing evidence | 25 | | that he or she has completed, successfully, the high
school | 26 | | level General Educational Development Tests, administered by |
| | | HB2985 | - 4 - | LRB097 07683 NHT 47794 b |
|
| 1 | | the United
States Armed Forces Institute, official GED Centers | 2 | | established in other
states, or at Veterans' Administration | 3 | | Hospitals or the office of the State
Superintendent of | 4 | | Education administered for the Illinois State Penitentiary
| 5 | | System and the Department of Corrections. Such applicant shall | 6 | | apply to the
regional superintendent of the region wherein he | 7 | | has maintained residence, and
upon payment of a fee established | 8 | | by the Illinois Community College Board
the regional | 9 | | superintendent shall issue a high school
equivalency | 10 | | certificate, and immediately thereafter certify to the | 11 | | Illinois Community College Board the score of the applicant and | 12 | | such other and
additional information as may be required by the | 13 | | Illinois Community College Board.
| 14 | | Notwithstanding the provisions of this Section, any | 15 | | applicant who has
been out of school for at least one year may | 16 | | request the regional
superintendent of schools to administer | 17 | | the restricted GED test upon
written request of: The director | 18 | | of a program who certifies to the Chief
Examiner of an official | 19 | | GED center that the applicant has completed a
program of | 20 | | instruction provided by such agencies as the Job Corps, the
| 21 | | Postal Service Academy or apprenticeship training program; an | 22 | | employer
or program director for purposes of entry into | 23 | | apprenticeship programs;
another State Department of Education | 24 | | in order to meet regulations
established by that Department of | 25 | | Education, a post high school
educational institution for | 26 | | purposes of admission, the Department of
Professional |
| | | HB2985 | - 5 - | LRB097 07683 NHT 47794 b |
|
| 1 | | Regulation for licensing purposes, or the Armed Forces
for | 2 | | induction purposes. The regional superintendent shall | 3 | | administer
such test and the applicant shall be notified in | 4 | | writing that he is
eligible to receive the Illinois High School | 5 | | Equivalency Certificate
upon reaching age 18 17 , provided he | 6 | | meets the standards established by the Illinois Community | 7 | | College Board.
| 8 | | Any test administered under this Section to an applicant | 9 | | who does not
speak and understand English may at the discretion | 10 | | of the administering
agency be given and answered in any | 11 | | language in which the test is
printed. The regional | 12 | | superintendent of schools may waive any fees required
by this | 13 | | Section in case of hardship.
| 14 | | In counties of over 3,000,000 population a GED certificate
| 15 | | shall contain the signatures of the President of the Illinois | 16 | | Community College Board, the superintendent, president or | 17 | | other chief
executive officer of the institution where GED | 18 | | instruction occurred and any
other signatures authorized by the | 19 | | Illinois Community College Board.
| 20 | | The regional superintendent of schools shall furnish the | 21 | | Illinois
Community College Board with any information that the | 22 | | Illinois
Community College Board requests with regard to | 23 | | testing and certificates under this
Section.
| 24 | | (Source: P.A. 94-108, eff. 7-1-05; 95-609, eff. 6-1-08 .)
| 25 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
|
| | | HB2985 | - 6 - | LRB097 07683 NHT 47794 b |
|
| 1 | | Sec. 26-1. Compulsory school age-Exemptions. Whoever has | 2 | | custody or control of any child between the ages of 7 and 18 17
| 3 | | years (unless the child has already graduated from high school)
| 4 | | shall cause such child to attend some public school in the | 5 | | district
wherein the child resides the entire time it is in | 6 | | session during the
regular school term, except as provided in | 7 | | Section 10-19.1, and during a
required summer school program | 8 | | established under Section 10-22.33B; provided,
that
the | 9 | | following children shall not be required to attend the public | 10 | | schools:
| 11 | | 1. Any child attending a private or a parochial school | 12 | | where children
are taught the branches of education taught | 13 | | to children of corresponding
age and grade in the public | 14 | | schools, and where the instruction of the child
in the | 15 | | branches of education is in the English language;
| 16 | | 2. Any child who is physically or mentally unable to | 17 | | attend school, such
disability being certified to the | 18 | | county or district truant officer by a
competent physician | 19 | | licensed in Illinois to practice medicine and surgery in | 20 | | all its branches, a chiropractic physician licensed under | 21 | | the Medical Practice Act of 1987, an advanced practice | 22 | | nurse who has a written collaborative agreement with a | 23 | | collaborating physician that authorizes the advanced | 24 | | practice nurse to perform health examinations, a physician | 25 | | assistant who has been delegated the authority to perform | 26 | | health examinations by his or her supervising physician, or |
| | | HB2985 | - 7 - | LRB097 07683 NHT 47794 b |
|
| 1 | | a Christian Science practitioner residing in this
State and | 2 | | listed in the Christian Science Journal; or who is excused | 3 | | for
temporary absence for cause by
the principal or teacher | 4 | | of the school which the child attends; the exemptions
in | 5 | | this paragraph (2) do not apply to any female who is | 6 | | pregnant or the
mother of one or more children, except | 7 | | where a female is unable to attend
school due to a | 8 | | complication arising from her pregnancy and the existence
| 9 | | of such complication is certified to the county or district | 10 | | truant officer
by a competent physician;
| 11 | | 3. Any child necessarily and lawfully employed | 12 | | according to the
provisions of the law regulating child | 13 | | labor may be excused from attendance
at school by the | 14 | | county superintendent of schools or the superintendent of
| 15 | | the public school which the child should be attending, on | 16 | | certification of
the facts by and the recommendation of the | 17 | | school board of the public
school district in which the | 18 | | child resides. In districts having part time
continuation | 19 | | schools, children so excused shall attend such schools at
| 20 | | least 8 hours each week;
| 21 | | 4. Any child over 12 and under 14 years of age while in | 22 | | attendance at
confirmation classes;
| 23 | | 5. Any child absent from a public school on a | 24 | | particular day or days
or at a particular time of day for | 25 | | the reason that he is unable to attend
classes or to | 26 | | participate in any examination, study or work requirements |
| | | HB2985 | - 8 - | LRB097 07683 NHT 47794 b |
|
| 1 | | on
a particular day or days or at a particular time of day, | 2 | | because the tenets
of his religion forbid secular activity | 3 | | on a particular day or days or at a
particular time of day. | 4 | | Each school board shall prescribe rules and
regulations | 5 | | relative to absences for religious holidays including, but | 6 | | not
limited to, a list of religious holidays on which it | 7 | | shall be mandatory to
excuse a child; but nothing in this | 8 | | paragraph 5 shall be construed to limit
the right of any | 9 | | school board, at its discretion, to excuse an absence on
| 10 | | any other day by reason of the observance of a religious | 11 | | holiday. A school
board may require the parent or guardian | 12 | | of a child who is to be excused
from attending school due | 13 | | to the observance of a religious holiday to give
notice, | 14 | | not exceeding 5 days, of the child's absence to the school
| 15 | | principal or other school personnel. Any child excused from | 16 | | attending
school under this paragraph 5 shall not be | 17 | | required to submit a written
excuse for such absence after | 18 | | returning to school; and | 19 | | 6. Any child 16 years of age or older who (i) submits | 20 | | to a school district evidence of necessary and lawful | 21 | | employment pursuant to paragraph 3 of this Section and (ii) | 22 | | is enrolled in a graduation incentives program pursuant to | 23 | | Section 26-16 of this Code or an alternative learning | 24 | | opportunities program established pursuant to Article 13B | 25 | | of this Code.
| 26 | | (Source: P.A. 96-367, eff. 8-13-09.)
|
| | | HB2985 | - 9 - | LRB097 07683 NHT 47794 b |
|
| 1 | | (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 2 | | Sec. 26-2. Enrolled pupils below 7 or over 18 17 .
| 3 | | (a) Any person having custody or
control of a child who is | 4 | | below the age of 7 years or is 18 17 years of age or above
and | 5 | | who is enrolled in any of grades kindergarten through 12
in the | 6 | | public school shall
cause him to attend the public school in | 7 | | the district wherein he resides when
it is in session during | 8 | | the regular school term, unless he is excused under
paragraph | 9 | | 2, 3, 4, 5, or 6 of Section 26-1.
| 10 | | (b) A school district shall deny reenrollment in its | 11 | | secondary schools
to any
child 19 years of age or above who has | 12 | | dropped out of school
and who could
not, because of age and | 13 | | lack of credits, attend classes during the normal
school year | 14 | | and graduate before his or her twenty-first birthday.
A | 15 | | district may, however, enroll the child in a graduation | 16 | | incentives program under Section 26-16 of this Code or an | 17 | | alternative learning
opportunities program established
under | 18 | | Article 13B.
No
child shall be denied reenrollment for the | 19 | | above reasons
unless the school district first offers the child
| 20 | | due process as required in cases of expulsion under Section
| 21 | | 10-22.6. If a child is denied reenrollment after being provided | 22 | | with due
process, the school district must provide counseling | 23 | | to that child and
must direct that child to
alternative | 24 | | educational
programs, including adult education programs, that | 25 | | lead to graduation or
receipt of a GED diploma.
|
| | | HB2985 | - 10 - | LRB097 07683 NHT 47794 b |
|
| 1 | | (c) A school or school district may deny enrollment to a | 2 | | student 18 17 years
of age
or older for one semester for | 3 | | failure to meet minimum academic standards if all
of the
| 4 | | following conditions are met:
| 5 | | (1) The student achieved a grade point average of less | 6 | | than "D" (or its
equivalent)
in the semester immediately | 7 | | prior to the current semester.
| 8 | | (2) The student and the student's parent or guardian | 9 | | are given written
notice
warning that the student is | 10 | | failing academically and is subject to denial from
| 11 | | enrollment for one semester unless a "D" average (or its | 12 | | equivalent) or better
is attained in the
current
semester.
| 13 | | (3) The parent or guardian is provided with the right | 14 | | to appeal the
notice, as
determined by the State Board of | 15 | | Education in accordance with due process.
| 16 | | (4) The student is provided with an academic | 17 | | improvement plan and academic
remediation services.
| 18 | | (5) The student fails to achieve a "D" average (or its | 19 | | equivalent) or
better in the current
semester.
| 20 | | A school or school district may deny enrollment to a | 21 | | student 18 17 years of age
or
older for one semester for | 22 | | failure to meet minimum attendance standards if all
of the
| 23 | | following conditions are met:
| 24 | | (1) The student was absent without valid cause for 20% | 25 | | or more of the
attendance
days in the semester immediately | 26 | | prior to the current semester.
|
| | | HB2985 | - 11 - | LRB097 07683 NHT 47794 b |
|
| 1 | | (2) The student and the student's parent or guardian | 2 | | are given written
notice
warning that the student is | 3 | | subject to denial from enrollment for one
semester
unless | 4 | | the student is absent without valid cause less than 20% of | 5 | | the
attendance days
in the current semester.
| 6 | | (3) The student's parent or guardian is provided with | 7 | | the right to appeal
the
notice, as determined by the State | 8 | | Board of Education in accordance with due
process.
| 9 | | (4) The student is provided with attendance | 10 | | remediation services,
including
without limitation | 11 | | assessment, counseling, and support services.
| 12 | | (5) The student is absent without valid cause for 20% | 13 | | or more of the
attendance
days in the current semester.
| 14 | | A school or school district may not deny enrollment to a | 15 | | student (or
reenrollment
to a dropout) who is at least 18 17
| 16 | | years of age or older but below 19
years for more
than one | 17 | | consecutive semester for failure to meet academic or attendance
| 18 | | standards.
| 19 | | (d) No child may be denied enrollment or reenrollment under | 20 | | this
Section in violation
of the Individuals with Disabilities | 21 | | Education Act or the Americans with
Disabilities Act.
| 22 | | (e) In this subsection (e), "reenrolled student" means a | 23 | | dropout who has
reenrolled
full-time in a public school. Each | 24 | | school district shall identify, track, and
report on the
| 25 | | educational progress and outcomes of reenrolled students as a | 26 | | subset of the
district's
required reporting on all enrollments.
|
| | | HB2985 | - 12 - | LRB097 07683 NHT 47794 b |
|
| 1 | | A reenrolled student who again drops out must not be counted | 2 | | again
against a district's dropout rate performance measure.
| 3 | | The State
Board of Education shall set performance standards | 4 | | for programs serving
reenrolled
students.
| 5 | | (f) The State Board of Education shall adopt any rules | 6 | | necessary to
implement the
changes to this Section made by | 7 | | Public Act 93-803.
| 8 | | (Source: P.A. 95-417, eff. 8-24-07.)
| 9 | | (105 ILCS 5/26-14) (from Ch. 122, par. 26-14)
| 10 | | Sec. 26-14. Truancy programs for dropouts. Any dropout, as | 11 | | defined in
Section 26-2a, who is 18 17 years of age
may apply | 12 | | to a school district
for status as a truant, and the school | 13 | | district shall permit such person to
participate in the | 14 | | district's various programs and resources for truants.
At the | 15 | | time of the person's application, the district may request
| 16 | | documentation of his dropout status for the previous 6 months.
| 17 | | (Source: P.A. 93-858, eff. 1-1-05.)
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2011.
|
|