Full Text of SB1626 94th General Assembly
SB1626enr 94TH GENERAL ASSEMBLY
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SB1626 Enrolled |
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LRB094 08605 RAS 38812 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 24-5, 24-6, and 26-1 as follows:
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| (105 ILCS 5/24-5) (from Ch. 122, par. 24-5)
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| Sec. 24-5. Physical fitness and professional growth.
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| School boards shall require of new employees evidence of | 9 |
| physical
fitness to perform duties assigned and freedom from | 10 |
| communicable disease,
including tuberculosis. Such evidence | 11 |
| shall consist of a physical
examination and a tuberculin skin | 12 |
| test and, if appropriate, an x-ray, made
by a physician | 13 |
| licensed in Illinois or any other state to practice medicine
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| and surgery in all its branches , an advanced practice nurse who | 15 |
| has a written collaborative agreement with a collaborating | 16 |
| physician that authorizes the advanced practice nurse to | 17 |
| perform health examinations, or a physician assistant who has | 18 |
| been delegated the authority to perform health examinations by | 19 |
| his or her supervising physician not more than 90 days | 20 |
| preceding time of
presentation to the board and cost of such | 21 |
| examination shall rest with the
employee. The board may from | 22 |
| time to time require an examination of any
employee by a | 23 |
| physician licensed in Illinois to practice medicine and
surgery | 24 |
| in all its branches , an advanced practice nurse who has a | 25 |
| written collaborative agreement with a collaborating physician | 26 |
| that authorizes the advanced practice nurse to perform health | 27 |
| examinations, or a physician assistant who has been delegated | 28 |
| the authority to perform health examinations by his or her | 29 |
| supervising physician and shall pay the expenses thereof from | 30 |
| school
funds. School boards may require teachers in their | 31 |
| employ to furnish from
time to time evidence of continued | 32 |
| professional growth.
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| (Source: P.A. 78-344.)
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| (105 ILCS 5/24-6) (from Ch. 122, par. 24-6)
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| Sec. 24-6. Sick leave. The school boards of all school | 4 |
| districts, including special charter
districts, but not | 5 |
| including school districts in municipalities of 500,000
or | 6 |
| more, shall grant their full-time teachers, and also shall | 7 |
| grant
such of their other employees as are eligible to | 8 |
| participate in the
Illinois Municipal Retirement Fund under the | 9 |
| "600-Hour Standard"
established, or under such other | 10 |
| eligibility participation standard as may
from time to time be | 11 |
| established, by rules and regulations now or hereafter
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| promulgated by the Board of that Fund under Section 7-198 of | 13 |
| the Illinois
Pension Code, as now or hereafter amended, sick | 14 |
| leave
provisions not less in amount than 10 days at full pay in | 15 |
| each school year.
If any such teacher or employee does not use | 16 |
| the full amount of annual leave
thus allowed, the unused amount | 17 |
| shall be allowed to accumulate to a minimum
available leave of | 18 |
| 180 days at full pay, including the leave of the current
year. | 19 |
| Sick leave shall be interpreted to mean personal illness, | 20 |
| quarantine
at home, or serious illness or death in the | 21 |
| immediate family or household.
The school board may require a | 22 |
| physician's certificate from a physician licensed in Illinois | 23 |
| to practice medicine and surgery in all its branches, an | 24 |
| advanced practice nurse who has a written collaborative | 25 |
| agreement with a collaborating physician that authorizes the | 26 |
| advanced practice nurse to perform health examinations, or a | 27 |
| physician assistant who has been delegated the authority to | 28 |
| perform health examinations by his or her supervising | 29 |
| physician , or if the treatment
is by prayer or spiritual means, | 30 |
| that of a spiritual adviser or
practitioner of such person's | 31 |
| faith, as a basis for pay during leave after
an absence of 3 | 32 |
| days for personal illness, or as it may deem necessary in
other | 33 |
| cases. If the school board does require a physician's
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| certificate
or a certificate from a spiritual healer as a basis | 35 |
| for pay during leave of
less than 3 days, the school board |
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| shall pay, from school funds, the
expenses incurred by the | 2 |
| teachers or other employees in obtaining the certificate.
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| If, by reason of any change in the boundaries of school | 4 |
| districts, or by
reason of the creation of a new school | 5 |
| district, the employment of a
teacher is transferred to a new | 6 |
| or different board, the accumulated sick
leave of such teacher | 7 |
| is not thereby lost, but is transferred to such new
or | 8 |
| different district.
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| For purposes of this Section, "immediate family" shall | 10 |
| include parents,
spouse, brothers, sisters, children, | 11 |
| grandparents, grandchildren,
parents-in-law, brothers-in-law, | 12 |
| sisters-in-law, and legal guardians.
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| (Source: P.A. 86-838.)
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| (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
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| Sec. 26-1. Compulsory school age-Exemptions. Whoever has | 16 |
| custody or control of any child between the ages of 7 and 17
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| years (unless the child has already graduated from high school)
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| shall cause such child to attend some public school in the | 19 |
| district
wherein the child resides the entire time it is in | 20 |
| session during the
regular school term, except as provided in | 21 |
| Section 10-19.1, and during a
required summer school program | 22 |
| established under Section 10-22.33B; provided,
that
the | 23 |
| following children shall not be required to attend the public | 24 |
| schools:
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| 1. Any child attending a private or a parochial school | 26 |
| where children
are taught the branches of education taught to | 27 |
| children of corresponding
age and grade in the public schools, | 28 |
| and where the instruction of the child
in the branches of | 29 |
| education is in the English language;
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| 2. Any child who is physically or mentally unable to attend | 31 |
| school, such
disability being certified to the county or | 32 |
| district truant officer by a
competent physician licensed in | 33 |
| Illinois to practice medicine and surgery in all its branches, | 34 |
| an advanced practice nurse who has a written collaborative | 35 |
| agreement with a collaborating physician that authorizes the |
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| advanced practice nurse to perform health examinations, a | 2 |
| physician assistant who has been delegated the authority to | 3 |
| perform health examinations by his or her supervising | 4 |
| physician, or a Christian Science practitioner residing in this
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| State and listed in the Christian Science Journal; or who is | 6 |
| excused for
temporary absence for cause by
the principal or | 7 |
| teacher of the school which the child attends; the exemptions
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| in this paragraph (2) do not apply to any female who is | 9 |
| pregnant or the
mother of one or more children, except where a | 10 |
| female is unable to attend
school due to a complication arising | 11 |
| from her pregnancy and the existence
of such complication is | 12 |
| certified to the county or district truant officer
by a | 13 |
| competent physician;
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| 3. Any child necessarily and lawfully employed according to | 15 |
| the
provisions of the law regulating child labor may be excused | 16 |
| from attendance
at school by the county superintendent of | 17 |
| schools or the superintendent of
the public school which the | 18 |
| child should be attending, on certification of
the facts by and | 19 |
| the recommendation of the school board of the public
school | 20 |
| district in which the child resides. In districts having part | 21 |
| time
continuation schools, children so excused shall attend | 22 |
| such schools at
least 8 hours each week;
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| 4. Any child over 12 and under 14 years of age while in | 24 |
| attendance at
confirmation classes;
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| 5. Any child absent from a public school on a particular | 26 |
| day or days
or at a particular time of day for the reason that | 27 |
| he is unable to attend
classes or to participate in any | 28 |
| examination, study or work requirements on
a particular day or | 29 |
| days or at a particular time of day, because the tenets
of his | 30 |
| religion forbid secular activity on a particular day or days or | 31 |
| at a
particular time of day. Each school board shall prescribe | 32 |
| rules and
regulations relative to absences for religious | 33 |
| holidays including, but not
limited to, a list of religious | 34 |
| holidays on which it shall be mandatory to
excuse a child; but | 35 |
| nothing in this paragraph 5 shall be construed to limit
the | 36 |
| right of any school board, at its discretion, to excuse an |
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| absence on
any other day by reason of the observance of a | 2 |
| religious holiday. A school
board may require the parent or | 3 |
| guardian of a child who is to be excused
from attending school | 4 |
| due to the observance of a religious holiday to give
notice, | 5 |
| not exceeding 5 days, of the child's absence to the school
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| principal or other school personnel. Any child excused from | 7 |
| attending
school under this paragraph 5 shall not be required | 8 |
| to submit a written
excuse for such absence after returning to | 9 |
| school; and | 10 |
| 6. Any child 16 years of age or older who (i) submits to a | 11 |
| school district evidence of necessary and lawful employment | 12 |
| pursuant to paragraph 3 of this Section and (ii) is enrolled in | 13 |
| a graduation incentives program pursuant to Section 26-16 of | 14 |
| this Code or an alternative learning opportunities program | 15 |
| established pursuant to Article 13B of this Code.
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| (Source: P.A. 93-858, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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