Full Text of HB4011 101st General Assembly
HB4011eng 101ST 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 | | 26-1 and 26-2b 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, a licensed advanced | 8 | | practice registered nurse, a licensed physician assistant, | 9 | | or a Christian Science practitioner residing in this
State | 10 | | and listed in the Christian Science Journal; or who is | 11 | | excused for
temporary absence for cause by
the principal or | 12 | | teacher of the school which the child attends; the | 13 | | exemptions
in this paragraph (2) do not apply to any female | 14 | | who is pregnant or the
mother of one or more children, | 15 | | except where a female is unable to attend
school due to a | 16 | | complication arising from her pregnancy and the existence
| 17 | | of such complication is certified to the county or district | 18 | | truant officer
by a competent physician;
| 19 | | 3. Any child necessarily and lawfully employed | 20 | | according to the
provisions of the law regulating child | 21 | | labor may be excused from attendance
at school by the | 22 | | county superintendent of schools or the superintendent of
| 23 | | the public school which the child should be attending, on | 24 | | certification of
the facts by and the recommendation of the | 25 | | school board of the public
school district in which the | 26 | | child resides. In districts having part-time
continuation |
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| 1 | | schools, children so excused shall attend such schools at
| 2 | | least 8 hours each week;
| 3 | | 4. Any child over 12 and under 14 years of age while in | 4 | | attendance at
confirmation classes;
| 5 | | 5. Any child absent from a public school on a | 6 | | particular day or days
or at a particular time of day for | 7 | | the reason that he is unable to attend
classes or to | 8 | | participate in any examination, study , or work | 9 | | requirements on
a particular day or days or at a particular | 10 | | time of day because of religious reasons, including the | 11 | | observance of a religious holiday or participation in | 12 | | religious instruction, or , because the tenets
of his | 13 | | religion forbid secular activity on a particular day or | 14 | | days or at a
particular time of day. Each school board | 15 | | shall prescribe rules and
regulations relative to absences | 16 | | for religious holidays including, but not
limited to, a | 17 | | list of religious holidays on which it shall be mandatory | 18 | | to
excuse a child; but nothing in this paragraph 5 shall be | 19 | | construed to limit
the right of any school board, at its | 20 | | discretion, to excuse an absence on
any other day by reason | 21 | | of the observance of a religious holiday. A school
board | 22 | | may require the parent or guardian of a child who is to be | 23 | | excused
from attending school because of religious reasons | 24 | | due to the observance of a religious holiday to give
| 25 | | notice, not exceeding 5 days, of the child's absence to the | 26 | | school
principal or other school personnel. Any child |
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| 1 | | excused from attending
school under this paragraph 5 shall | 2 | | not be required to submit a written
excuse for such absence | 3 | | after returning to school . A district superintendent shall | 4 | | develop and distribute to schools appropriate procedures | 5 | | regarding a student's absence for religious reasons, how | 6 | | schools are notified of a student's impending absence for | 7 | | religious reasons, and the requirements of Section 26-2b of | 8 | | this Code ; | 9 | | 6. Any child 16 years of age or older who (i) submits | 10 | | to a school district evidence of necessary and lawful | 11 | | employment pursuant to paragraph 3 of this Section and (ii) | 12 | | is enrolled in a graduation incentives program pursuant to | 13 | | Section 26-16 of this Code or an alternative learning | 14 | | opportunities program established pursuant to Article 13B | 15 | | of this Code;
| 16 | | 7. A child in any of grades 6 through 12 absent from a | 17 | | public school on a particular day or days or at a | 18 | | particular time of day for the purpose of sounding "Taps" | 19 | | at a military honors funeral held in this State for a | 20 | | deceased veteran. In order to be excused under this | 21 | | paragraph 7, the student shall notify the school's | 22 | | administration at least 2 days prior to the date of the | 23 | | absence and shall provide the school's administration with | 24 | | the date, time, and location of the military
honors | 25 | | funeral. The school's administration may waive this 2-day | 26 | | notification requirement if the student did not receive at |
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| 1 | | least 2 days advance notice, but the student shall notify | 2 | | the school's administration as soon as possible of the | 3 | | absence. A student whose absence is excused under this | 4 | | paragraph 7 shall be counted as if the student attended | 5 | | school for purposes of calculating the average daily | 6 | | attendance of students in the school district. A student | 7 | | whose absence is excused under this paragraph 7 must be | 8 | | allowed a reasonable time to make up school work missed | 9 | | during the absence. If the student satisfactorily | 10 | | completes the school work, the day of absence shall be | 11 | | counted as a day of compulsory attendance and he or she may | 12 | | not be penalized for that absence; and | 13 | | 8. Any child absent from a public school on a | 14 | | particular day or days or at a particular time of day for | 15 | | the reason that his or her parent or legal guardian is an | 16 | | active duty member of the uniformed services and has been | 17 | | called to duty for, is on leave from, or has immediately | 18 | | returned from deployment to a combat zone or combat-support | 19 | | postings. Such a student shall be granted 5 days of excused | 20 | | absences in any school year and, at the discretion of the | 21 | | school board, additional excused absences to visit the | 22 | | student's parent or legal guardian relative to such leave | 23 | | or deployment of the parent or legal guardian. In the case | 24 | | of excused absences pursuant to this paragraph 8, the | 25 | | student and parent or legal guardian shall be responsible | 26 | | for obtaining assignments from the student's teacher prior |
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| 1 | | to any period of excused absence and for ensuring that such | 2 | | assignments are completed by the student prior to his or | 3 | | her return to school from such period of excused absence. | 4 | | (Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17; | 5 | | 100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff. | 6 | | 8-14-18.)
| 7 | | (105 ILCS 5/26-2b) (from Ch. 122, par. 26-2b)
| 8 | | Sec. 26-2b.
Any child enrolled in a public school who is | 9 | | unable,
because of the observance of a religious holiday, to | 10 | | attend classes on a
particular day or days or at a particular | 11 | | time of day shall be excused from
any examination or any study | 12 | | or work assignments on such particular day or
days or at such | 13 | | particular time of day. It shall be the responsibility of
the | 14 | | teachers and of the administrative officials of each public | 15 | | school to
make available to each child who is absent from | 16 | | school because of the
observance of a religious holiday an | 17 | | equivalent opportunity to make up any
examination, study or | 18 | | work requirements which he has missed because of such
absence | 19 | | on any particular day or days or at any particular time of day. | 20 | | No
special fees of any kind shall be charged to the child for | 21 | | making available
to such child such equivalent opportunity. No | 22 | | adverse or prejudicial
effects shall result to any child | 23 | | because of his availing himself of the
provisions of this | 24 | | Section.
| 25 | | The provisions of this Section shall apply only if the |
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| 1 | | rules and
regulations of the school board promulgated pursuant | 2 | | to paragraph 5 of Section 26-1 have
been complied with.
| 3 | | (Source: P.A. 84-212.)
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