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| Public Act 096-0367 |
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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 | ||||
24-6 and 26-1 as follows:
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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 | ||||
districts, including special charter
districts, but not | ||||
including school districts in municipalities of 500,000
or | ||||
more, shall grant their full-time teachers, and also shall | ||||
grant
such of their other employees as are eligible to | ||||
participate in the
Illinois Municipal Retirement Fund under the | ||||
"600-Hour Standard"
established, or under such other | ||||
eligibility participation standard as may
from time to time be | ||||
established, by rules and regulations now or hereafter
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promulgated by the Board of that Fund under Section 7-198 of | ||||
the Illinois
Pension Code, as now or hereafter amended, sick | ||||
leave
provisions not less in amount than 10 days at full pay in | ||||
each school year.
If any such teacher or employee does not use | ||||
the full amount of annual leave
thus allowed, the unused amount | ||||
shall be allowed to accumulate to a minimum
available leave of | ||||
180 days at full pay, including the leave of the current
year. | ||||
Sick leave shall be interpreted to mean personal illness, | ||||
quarantine
at home, serious illness or death in the immediate | ||
family or household, or
birth, adoption, or placement for | ||
adoption.
The school board may require a certificate from a | ||
physician licensed in Illinois to practice medicine and surgery | ||
in all its branches, a chiropractic physician licensed under | ||
the Medical Practice Act of 1987, an advanced practice nurse | ||
who has a written collaborative agreement with a collaborating | ||
physician that authorizes the advanced practice nurse to | ||
perform health examinations, or a physician assistant who has | ||
been delegated the authority to perform health examinations by | ||
his or her supervising physician, or if the treatment
is by | ||
prayer or spiritual means, that of a spiritual adviser or
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practitioner of such person's faith, as a basis for pay during | ||
leave after
an absence of 3 days for personal illness, or as it | ||
may deem necessary in
other cases. If the school board does | ||
require a
certificate
as a basis for pay during leave of
less | ||
than 3 days, the school board shall pay, from school funds, the
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expenses incurred by the teachers or other employees in | ||
obtaining the certificate.
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If, by reason of any change in the boundaries of school | ||
districts, or by
reason of the creation of a new school | ||
district, the employment of a
teacher is transferred to a new | ||
or different board, the accumulated sick
leave of such teacher | ||
is not thereby lost, but is transferred to such new
or | ||
different district.
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For purposes of this Section, "immediate family" shall | ||
include parents,
spouse, brothers, sisters, children, | ||
grandparents, grandchildren,
parents-in-law, brothers-in-law, | ||
sisters-in-law, and legal guardians.
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(Source: P.A. 94-350, eff. 7-28-05; 95-151, eff. 8-14-07.)
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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 | ||
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 | ||
district
wherein the child resides the entire time it is in | ||
session during the
regular school term, except as provided in | ||
Section 10-19.1, and during a
required summer school program | ||
established under Section 10-22.33B; provided,
that
the | ||
following children shall not be required to attend the public | ||
schools:
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1. Any child attending a private or a parochial school | ||
where children
are taught the branches of education taught | ||
to children of corresponding
age and grade in the public | ||
schools, and where the instruction of the child
in the | ||
branches of education is in the English language;
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2. Any child who is physically or mentally unable to | ||
attend school, such
disability being certified to the | ||
county or district truant officer by a
competent physician | ||
licensed in Illinois to practice medicine and surgery in | ||
all its branches, a chiropractic physician licensed under | ||
the Medical Practice Act of 1987, an advanced practice | ||
nurse who has a written collaborative agreement with a | ||
collaborating physician that authorizes the advanced | ||
practice nurse to perform health examinations, a physician | ||
assistant who has been delegated the authority to perform | ||
health examinations by his or her supervising physician, or | ||
a Christian Science practitioner residing in this
State and | ||
listed in the Christian Science Journal; or who is excused | ||
for
temporary absence for cause by
the principal or teacher | ||
of the school which the child attends; the exemptions
in | ||
this paragraph (2) do not apply to any female who is | ||
pregnant or the
mother of one or more children, except | ||
where a female is unable to attend
school due to a | ||
complication arising from her pregnancy and the existence
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of such complication is certified to the county or district | ||
truant officer
by a competent physician;
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3. Any child necessarily and lawfully employed | ||
according to the
provisions of the law regulating child | ||
labor may be excused from attendance
at school by the | ||
county superintendent of schools or the superintendent of
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the public school which the child should be attending, on | ||
certification of
the facts by and the recommendation of the | ||
school board of the public
school district in which the | ||
child resides. In districts having part time
continuation | ||
schools, children so excused shall attend such schools at
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least 8 hours each week;
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4. Any child over 12 and under 14 years of age while in | ||
attendance at
confirmation classes;
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5. Any child absent from a public school on a | ||
particular day or days
or at a particular time of day for | ||
the reason that he is unable to attend
classes or to | ||
participate in any examination, study or work requirements | ||
on
a particular day or days or at a particular time of day, | ||
because the tenets
of his religion forbid secular activity | ||
on a particular day or days or at a
particular time of day. | ||
Each school board shall prescribe rules and
regulations | ||
relative to absences for religious holidays including, but | ||
not
limited to, a list of religious holidays on which it | ||
shall be mandatory to
excuse a child; but nothing in this | ||
paragraph 5 shall be construed to limit
the right of any | ||
school board, at its discretion, to excuse an absence on
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any other day by reason of the observance of a religious | ||
holiday. A school
board may require the parent or guardian | ||
of a child who is to be excused
from attending school due | ||
to the observance of a religious holiday to give
notice, | ||
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 | ||
attending
school under this paragraph 5 shall not be | ||
required to submit a written
excuse for such absence after | ||
returning to school; and | ||
6. Any child 16 years of age or older who (i) submits | ||
to a school district evidence of necessary and lawful | ||
employment pursuant to paragraph 3 of this Section and (ii) | ||
is enrolled in a graduation incentives program pursuant to | ||
Section 26-16 of this Code or an alternative learning | ||
opportunities program established pursuant to Article 13B | ||
of this Code.
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(Source: P.A. 93-858, eff. 1-1-05; 94-350, eff. 7-28-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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