Full Text of HB3099 102nd General Assembly
HB3099enr 102ND GENERAL ASSEMBLY |
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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 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.
Except for a school district organized under | 9 | | Article 34 of this Code, a A truant officer or, in a school | 10 | | district that does not have a truant officer, the regional | 11 | | superintendent of schools or his or her designee, after giving | 12 | | the notice provided in Section 26-7, shall
determine whether | 13 | | the notice has been complied with. If 3 notices have been given | 14 | | and the notices have not
been complied with, and if the persons | 15 | | having custody or control have knowingly
and willfully | 16 | | wilfully permitted the truant behavior to continue, the | 17 | | regional superintendent of schools, or his or her designee, of | 18 | | the school district where the child resides shall conduct a | 19 | | truancy hearing. If the regional superintendent determines as | 20 | | a result of the hearing that the child is truant, the regional | 21 | | superintendent shall, if age appropriate at the discretion of | 22 | | the regional superintendent, require the student to complete | 23 | | 20 to 40 hours of community service over a period of 90 days. |
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| 1 | | If the truancy persists, the regional superintendent shall (i) | 2 | | make complaint against the persons having custody or control | 3 | | to the state's
attorney or in the circuit court in the county | 4 | | where such person resides
for failure to comply with the | 5 | | provisions of this Article or (ii) conduct truancy mediation | 6 | | and encourage the student to enroll in a graduation incentives | 7 | | program under Section 26-16 of this Code. If, however,
after | 8 | | giving the notice provided in Section 26-7 the truant behavior | 9 | | has
continued, and the child is beyond the control of the | 10 | | parents, guardians
or custodians, a truancy petition shall be | 11 | | filed under the provisions of
Article III of the Juvenile | 12 | | Court Act of 1987.
| 13 | | (Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
| 14 | | (105 ILCS 5/34-4.5)
| 15 | | Sec. 34-4.5. Chronic truants.
| 16 | | (a) Socio-emotional focused attendance intervention Office | 17 | | of Chronic Truant Adjudication . The chief executive officer or | 18 | | the chief executive officer's designee board shall implement a | 19 | | socio-emotional focused attendance approach that targets the | 20 | | underlying causes of chronic truancy. For each pupil | 21 | | identified as a chronic truant, as defined in Section 26-2a of | 22 | | this Code, the board may establish an individualized student | 23 | | attendance plan to identify and resolve the underlying cause | 24 | | of the pupil's chronic truancy. establish and
implement an | 25 | | Office of Chronic Truant Adjudication, which shall be |
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| 1 | | responsible
for administratively adjudicating cases of chronic | 2 | | truancy and imposing
appropriate sanctions. The board shall | 3 | | appoint or employ hearing officers to
perform the adjudicatory | 4 | | functions of that Office. Principals
and other appropriate | 5 | | personnel may refer pupils suspected of being
chronic truants, | 6 | | as defined in Section 26-2a of this Code, to the Office of
| 7 | | Chronic Truant Adjudication.
| 8 | | (b) Notices. Prior to the implementation of any truancy | 9 | | intervention services pursuant to subsection (d) of this | 10 | | Section Before any hearing may be held under subsection (c) , | 11 | | the
principal of
the school attended by the pupil or the | 12 | | principal's designee shall notify the
pupil's parent or | 13 | | guardian by personal visit, letter, or telephone of each
| 14 | | unexcused absence of the pupil. After giving the parent or | 15 | | guardian notice of
the tenth unexcused absence of the pupil, | 16 | | the principal or the principal's
designee shall send the | 17 | | pupil's parent or guardian a letter, by certified mail,
return | 18 | | receipt requested, notifying the parent or guardian that he or | 19 | | she is
subjecting himself or herself to truancy intervention | 20 | | services a hearing procedure as provided under
subsection (d) | 21 | | (c) and clearly describing any and all possible penalties that | 22 | | may
be imposed as provided for in subsections (d) and (e) of | 23 | | this Section.
| 24 | | (c) (Blank). Hearing. Once a pupil has been referred to | 25 | | the Office of Chronic Truant
Adjudication, a hearing shall be | 26 | | scheduled before an appointed hearing officer,
and the pupil |
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| 1 | | and the pupil's parents or guardian shall be notified by
| 2 | | certified mail, return receipt requested stating the time, | 3 | | place, and purpose
of the
hearing. The hearing officer shall | 4 | | hold a hearing and render a written
decision within 14 days | 5 | | determining whether the pupil is a chronic truant as
defined | 6 | | in Section 26-2a of this Code and whether the parent or | 7 | | guardian took
reasonable steps to assure the pupil's | 8 | | attendance at school. The hearing shall
be private unless a | 9 | | public hearing is requested by the pupil's parent or
guardian, | 10 | | and the pupil may
be present at the
hearing with
a | 11 | | representative in addition to the pupil's parent or guardian. | 12 | | The board
shall present evidence of the pupil's truancy, and | 13 | | the pupil and
the parent or guardian or representative of the | 14 | | pupil may cross examine
witnesses,
present witnesses and | 15 | | evidence, and present defenses to the charges. All
testimony | 16 | | at the hearing shall be taken under oath administered by the | 17 | | hearing
officer. The decision of the hearing officer shall | 18 | | constitute an
"administrative decision" for purposes of | 19 | | judicial review under the
Administrative Review Law.
| 20 | | (d) Truancy intervention services Penalties . The chief | 21 | | executive officer or the chief executive officer's designee | 22 | | hearing officer may require the pupil or the pupil's
parent or | 23 | | guardian or both the pupil and the pupil's parent or guardian | 24 | | to do
any or all of the following: perform reasonable school or | 25 | | community services
for a period not to exceed 30 days; | 26 | | complete a parenting education program;
obtain counseling or |
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| 1 | | other supportive services; and comply with an
individualized
| 2 | | educational plan or service plan as provided by appropriate | 3 | | school officials.
If the parent or guardian of the chronic | 4 | | truant shows that he or she
took reasonable steps to ensure | 5 | | insure attendance of the pupil at school, he or she
shall not | 6 | | be required to perform services.
| 7 | | (e) Non-compliance with services sanctions . | 8 | | Notwithstanding any other provision of law to the contrary, if | 9 | | If a pupil determined by the chief executive officer or the | 10 | | chief executive officer's designee a hearing
officer to be a | 11 | | chronic truant or the parent or guardian of the pupil fails to | 12 | | fully participate in the services offered
comply with the | 13 | | sanctions ordered by the hearing officer under subsection (d) | 14 | | (c)
of this Section, the chief executive officer or the chief | 15 | | executive officer's designee Office of Chronic Truant | 16 | | Adjudication may refer the
matter to the Department of Human | 17 | | Services, the Department of Healthcare and Family Services, or | 18 | | any other applicable organization or State agency for | 19 | | socio-emotional based intervention and prevention services. | 20 | | Additionally, if the circumstances regarding a pupil | 21 | | identified as a chronic truant reasonably indicate that the | 22 | | pupil may be subject to abuse or neglect, apart from truancy, | 23 | | the chief executive officer or the chief executive officer's | 24 | | designee must report any findings that support suspected abuse | 25 | | or neglect to the Department of Children and Family Services | 26 | | pursuant to the Abused and Neglected Child Reporting Act. A |
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| 1 | | State agency that receives a referral may enter into a data | 2 | | sharing agreement with the school district to share applicable | 3 | | student referral and case data. A State agency that receives a | 4 | | referral from the school district shall implement an intake | 5 | | process that may include a consent form that allows the agency | 6 | | to share information with the school district. the State's | 7 | | Attorney for prosecution under Section 3-33.5 of the
Juvenile | 8 | | Court Act of 1987 .
| 9 | | (f) Limitation on applicability. Nothing in this Section | 10 | | shall be construed
to apply to a parent or guardian of a pupil | 11 | | not required to attend a public
school pursuant to Section | 12 | | 26-1.
| 13 | | (Source: P.A. 94-1011, eff. 7-7-06.)
| 14 | | Section 10. The Juvenile Court Act of 1987 is amended by | 15 | | changing Section 3-33.5 as follows: | 16 | | (705 ILCS 405/3-33.5)
| 17 | | Sec. 3-33.5. Truant minors in need of supervision.
| 18 | | (a) Definition. A
minor who is reported by the office of | 19 | | the regional superintendent of schools ,
or, in cities of over | 20 | | 500,000 inhabitants, by the Office of Chronic Truant
| 21 | | Adjudication, as a chronic truant may be subject to a petition | 22 | | for adjudication and adjudged a
truant minor in need of | 23 | | supervision, provided that prior to the filing of the | 24 | | petition, the office
of the regional superintendent of |
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| 1 | | schools , the Office of Chronic Truant
Adjudication, or a | 2 | | community truancy review board certifies that the local school | 3 | | has provided appropriate truancy intervention services
to the | 4 | | truant minor and his or her family. For purposes of this | 5 | | Section, "truancy intervention services"
means services | 6 | | designed to assist the minor's return to an educational | 7 | | program, and includes but is not
limited to: assessments, | 8 | | counseling, mental health services, shelter, optional and | 9 | | alternative education
programs, tutoring, and educational | 10 | | advocacy. If, after review by the regional office of | 11 | | education , the Office of Chronic Truant
Adjudication, or
| 12 | | community truancy review board , it is determined the local
| 13 | | school did not provide the appropriate interventions, then the | 14 | | minor shall be referred to a comprehensive community
based | 15 | | youth service agency for truancy intervention services. If the | 16 | | comprehensive community based youth service
agency is | 17 | | incapable to provide intervention services, then this | 18 | | requirement for services is
not applicable. The comprehensive | 19 | | community based youth service agency shall submit reports to | 20 | | the office of the
regional superintendent of schools , the | 21 | | Office of Chronic Truant
Adjudication, or truancy review board | 22 | | within 20, 40, and 80 school days of the initial referral or at | 23 | | any other time requested by the
office of the regional | 24 | | superintendent of schools , the Office of Chronic Truant
| 25 | | Adjudication, or truancy review board, which reports each | 26 | | shall certify the date of the minor's referral and the extent |
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| 1 | | of the
minor's progress and participation in truancy | 2 | | intervention services provided by the comprehensive community | 3 | | based youth service agency. In addition, if, after referral by | 4 | | the office of the regional superintendent of
schools , the | 5 | | Office of Chronic Truant
Adjudication, or community truancy | 6 | | review board, the minor
declines or refuses to fully | 7 | | participate in truancy intervention services provided by the | 8 | | comprehensive community based
youth service agency, then the | 9 | | agency shall immediately certify such facts to the office of | 10 | | the regional
superintendent of schools , the Office of Chronic | 11 | | Truant
Adjudication, or community truancy review board. | 12 | | (a-1) There is a rebuttable presumption that a chronic | 13 | | truant is a truant
minor in need of supervision. | 14 | | (a-2) There is a rebuttable presumption that school | 15 | | records of a minor's
attendance at school are authentic. | 16 | | (a-3) For purposes of this Section, "chronic truant" has | 17 | | the meaning
ascribed to it in Section 26-2a of the School Code. | 18 | | (a-4) For purposes of this Section, a "community truancy | 19 | | review board" is a local community based board comprised of | 20 | | but not limited to: representatives from local comprehensive | 21 | | community based youth service agencies, representatives from | 22 | | court service agencies, representatives from local schools, | 23 | | representatives from health service agencies, and | 24 | | representatives from local professional and community | 25 | | organizations as deemed appropriate by the office of the | 26 | | regional superintendent of schools , or, in cities of over |
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| 1 | | 500,000 inhabitants, by the Office of Chronic Truant
| 2 | | Adjudication . The regional superintendent of schools , or, in | 3 | | cities of over 500,000 inhabitants, the Office of Chronic | 4 | | Truant
Adjudication, must approve the establishment and | 5 | | organization of a community truancy review board , and the | 6 | | regional superintendent of schools or his or her designee , or, | 7 | | in cities of over 500,000 inhabitants, the general | 8 | | superintendent of schools or his or her designee, shall chair | 9 | | the board. | 10 | | (a-5) Nothing in this Section shall be construed to create | 11 | | a private cause of action or right of recovery against a | 12 | | regional office of education or the Office of Chronic Truant
| 13 | | Adjudication , its superintendent, or its staff with respect to | 14 | | truancy intervention services where the determination to | 15 | | provide the services is made in good faith. | 16 | | (b) Kinds of dispositional orders. A minor found to be a | 17 | | truant minor
in need of supervision may be: | 18 | | (1) committed to the appropriate
regional | 19 | | superintendent of schools for a student assistance team | 20 | | staffing, a service plan, or referral to a comprehensive | 21 | | community based youth service agency; | 22 | | (2) required to comply with a service
plan as | 23 | | specifically provided by the appropriate regional | 24 | | superintendent of
schools; | 25 | | (3) ordered to obtain counseling or other supportive | 26 | | services; |
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| 1 | | (4) (blank); subject to a fine in an amount in excess | 2 | | of $5, but not exceeding
$100, and each day of absence | 3 | | without valid cause as defined in Section 26-2a
of The | 4 | | School Code is a separate offense; | 5 | | (5) required to perform some reasonable public service | 6 | | work such as, but
not limited to, the picking up of litter | 7 | | in public parks or along public
highways or the | 8 | | maintenance of public facilities; or | 9 | | (6) (blank). subject to having his or her driver's | 10 | | license or driving privilege
suspended for a period of | 11 | | time as determined by the court but only until he
or she | 12 | | attains 18 years of age. | 13 | | A dispositional order may include a fine, public service , | 14 | | or
suspension of a driver's license or privilege only if the | 15 | | court has made an
express written finding that a truancy | 16 | | prevention program has been offered by
the school, regional | 17 | | superintendent of schools, or a comprehensive community based | 18 | | youth service
agency to the truant minor in need of | 19 | | supervision. | 20 | | (c) Orders entered under this Section may be enforced by | 21 | | contempt
proceedings.
| 22 | | (Source: P.A. 97-975, eff. 8-17-12.)
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