Full Text of HB3435 99th General Assembly
HB3435 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3435 Introduced , by Rep. Eddie Lee Jackson, Sr. SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/26-1 | from Ch. 122, par. 26-1 |
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Amends the Compulsory Attendance Article of the School Code. Allows a child to be absent from school on a particular day or days or at a particular time of day for the reason that his or her parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat-support postings. Provides that such a student shall be granted 10 days of excused absences in any school year and, at the discretion of the school board, additional excused absences to visit the student's parent or legal guardian relative to such leave or deployment of the parent or legal guardian. Requires the student and parent or legal guardian to obtain assignments from the student's teacher prior to any period of excused absence and for ensuring that such assignments are completed by the student prior to his or her return to school from such period of excused absence. Effective immediately.
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| | A BILL FOR |
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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 Section | 5 | | 26-1 as follows:
| 6 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| 7 | | Sec. 26-1. Compulsory school age-Exemptions. Whoever has | 8 | | custody or control of any child (i) between the ages of 7 and | 9 | | 17
years (unless the child has already graduated from high | 10 | | school) for school years before the 2014-2015 school year or | 11 | | (ii) between the ages
of 6 (on or before September 1) and 17 | 12 | | years (unless the child has already graduated from high school) | 13 | | beginning with the 2014-2015 school year
shall cause such child | 14 | | to attend some public school in the district
wherein the child | 15 | | resides the entire time it is in session during the
regular | 16 | | school term, except as provided in Section 10-19.1, and during | 17 | | a
required summer school program established under Section | 18 | | 10-22.33B; provided,
that
the following children shall not be | 19 | | required to attend the public schools:
| 20 | | 1. Any child attending a private or a parochial school | 21 | | where children
are taught the branches of education taught | 22 | | to children of corresponding
age and grade in the public | 23 | | schools, and where the instruction of the child
in the |
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| 1 | | branches of education is in the English language;
| 2 | | 2. Any child who is physically or mentally unable to | 3 | | attend school, such
disability being certified to the | 4 | | county or district truant officer by a
competent physician | 5 | | licensed in Illinois to practice medicine and surgery in | 6 | | all its branches, a chiropractic physician licensed under | 7 | | the Medical Practice Act of 1987, an advanced practice | 8 | | nurse who has a written collaborative agreement with a | 9 | | collaborating physician that authorizes the advanced | 10 | | practice nurse to perform health examinations, a physician | 11 | | assistant who has been delegated the authority to perform | 12 | | health examinations by his or her supervising physician, or | 13 | | a Christian Science practitioner residing in this
State and | 14 | | listed in the Christian Science Journal; or who is excused | 15 | | for
temporary absence for cause by
the principal or teacher | 16 | | of the school which the child attends; the exemptions
in | 17 | | this paragraph (2) do not apply to any female who is | 18 | | pregnant or the
mother of one or more children, except | 19 | | where a female is unable to attend
school due to a | 20 | | complication arising from her pregnancy and the existence
| 21 | | of such complication is certified to the county or district | 22 | | truant officer
by a competent physician;
| 23 | | 3. Any child necessarily and lawfully employed | 24 | | according to the
provisions of the law regulating child | 25 | | labor may be excused from attendance
at school by the | 26 | | county superintendent of schools or the superintendent of
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| 1 | | the public school which the child should be attending, on | 2 | | certification of
the facts by and the recommendation of the | 3 | | school board of the public
school district in which the | 4 | | child resides. In districts having part time
continuation | 5 | | schools, children so excused shall attend such schools at
| 6 | | least 8 hours each week;
| 7 | | 4. Any child over 12 and under 14 years of age while in | 8 | | attendance at
confirmation classes;
| 9 | | 5. Any child absent from a public school on a | 10 | | particular day or days
or at a particular time of day for | 11 | | the reason that he is unable to attend
classes or to | 12 | | participate in any examination, study or work requirements | 13 | | on
a particular day or days or at a particular time of day, | 14 | | because the tenets
of his religion forbid secular activity | 15 | | on a particular day or days or at a
particular time of day. | 16 | | Each school board shall prescribe rules and
regulations | 17 | | relative to absences for religious holidays including, but | 18 | | not
limited to, a list of religious holidays on which it | 19 | | shall be mandatory to
excuse a child; but nothing in this | 20 | | paragraph 5 shall be construed to limit
the right of any | 21 | | school board, at its discretion, to excuse an absence on
| 22 | | any other day by reason of the observance of a religious | 23 | | holiday. A school
board may require the parent or guardian | 24 | | of a child who is to be excused
from attending school due | 25 | | to the observance of a religious holiday to give
notice, | 26 | | not exceeding 5 days, of the child's absence to the school
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| 1 | | principal or other school personnel. Any child excused from | 2 | | attending
school under this paragraph 5 shall not be | 3 | | required to submit a written
excuse for such absence after | 4 | | returning to school; and | 5 | | 6. Any child 16 years of age or older who (i) submits | 6 | | to a school district evidence of necessary and lawful | 7 | | employment pursuant to paragraph 3 of this Section and (ii) | 8 | | is enrolled in a graduation incentives program pursuant to | 9 | | Section 26-16 of this Code or an alternative learning | 10 | | opportunities program established pursuant to Article 13B | 11 | | of this Code ; and .
| 12 | | 7. 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 his or her parent or legal guardian is an | 15 | | active duty member of the uniformed services and has been | 16 | | called to duty for, is on leave from, or has immediately | 17 | | returned from deployment to a combat zone or combat-support | 18 | | postings. Such a student shall be granted 10 days of | 19 | | excused absences in any school year and, at the discretion | 20 | | of the school board, additional excused absences to visit | 21 | | the student's parent or legal guardian relative to such | 22 | | leave or deployment of the parent or legal guardian. In the | 23 | | case of excused absences pursuant to this paragraph 7, the | 24 | | student and parent or legal guardian shall be responsible | 25 | | for obtaining assignments from the student's teacher prior | 26 | | to any period of excused absence and for ensuring that such |
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| 1 | | assignments are completed by the student prior to his or | 2 | | her return to school from such period of excused absence. | 3 | | (Source: P.A. 98-544, eff. 7-1-14 .)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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