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Public Act 102-0981


 

Public Act 0981 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0981
 
HB5488 EnrolledLRB102 25503 CMG 34791 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
26-1, 26-2, and 26-2a as follows:
 
    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
    Sec. 26-1. Compulsory school age; exemptions. Whoever has
custody or control of any child (i) between the ages of 7 and
17 years (unless the child has already graduated from high
school) for school years before the 2014-2015 school year or
(ii) between the ages of 6 (on or before September 1) and 17
years (unless the child has already graduated from high
school) beginning with the 2014-2015 school year 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:
        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;
        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, a licensed advanced
    practice registered nurse, a licensed physician assistant,
    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, with
    absence for cause by illness being required to include the
    mental or behavioral health of the child for up to 5 days
    for which the child need not provide a medical note, in
    which case the child shall be given the opportunity to
    make up any school work missed during the mental or
    behavioral health absence and, after the second mental
    health day used, may be referred to the appropriate school
    support personnel; 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 of such complication is
    certified to the county or district truant officer by a
    competent physician;
        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
    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 least 8 hours each week;
        4. Any child over 12 and under 14 years of age while in
    attendance at confirmation classes;
        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 of religious reasons,
    including the observance of a religious holiday or
    participation in religious instruction, or because the
    tenets of his religion forbid secular activity on a
    particular day or days or at a particular time of day. A
    school board may require the parent or guardian of a child
    who is to be excused from attending school because of
    religious reasons to give notice, not exceeding 5 days, of
    the child's absence to the school 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.
    A district superintendent shall develop and distribute to
    schools appropriate procedures regarding a student's
    absence for religious reasons, how schools are notified of
    a student's impending absence for religious reasons, and
    the requirements of Section 26-2b of this Code;
        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;
        7. A child in any of grades 6 through 12 absent from a
    public school on a particular day or days or at a
    particular time of day for the purpose of sounding "Taps"
    at a military honors funeral held in this State for a
    deceased veteran. In order to be excused under this
    paragraph 7, the student shall notify the school's
    administration at least 2 days prior to the date of the
    absence and shall provide the school's administration with
    the date, time, and location of the military honors
    funeral. The school's administration may waive this 2-day
    notification requirement if the student did not receive at
    least 2 days advance notice, but the student shall notify
    the school's administration as soon as possible of the
    absence. A student whose absence is excused under this
    paragraph 7 shall be counted as if the student attended
    school for purposes of calculating the average daily
    attendance of students in the school district. A student
    whose absence is excused under this paragraph 7 must be
    allowed a reasonable time to make up school work missed
    during the absence. If the student satisfactorily
    completes the school work, the day of absence shall be
    counted as a day of compulsory attendance and he or she may
    not be penalized for that absence; and
        8. Any child absent from a public 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. Such a student shall be granted 5
    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. In the case of excused absences pursuant
    to this paragraph 8, the student and parent or legal
    guardian shall be responsible for obtaining 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.
    Any child from a public middle school or high school,
subject to guidelines established by the State Board of
Education, shall be permitted by a school board one school
day-long excused absence per school year for the child who is
absent from school to engage in a civic event. The school board
may require that the student provide reasonable advance notice
of the intended absence to the appropriate school
administrator and require that the student provide
documentation of participation in a civic event to the
appropriate school administrator.
(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22;
102-406, eff. 8-19-21; revised 9-28-21.)
 
    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
    Sec. 26-2. Enrolled pupils not of compulsory school age.
    (a) Any For school years before the 2014-2015 school year,
any person having custody or control of a child who is below
the age of 7 years or is 17 years of age or above and who is
enrolled in any of grades kindergarten through 12 in the
public school shall cause him to attend the public school in
the district wherein he resides when it is in session during
the regular school term, unless he is excused under paragraph
2, 3, 4, 5, or 6 of Section 26-1. Beginning with the 2014-2015
school year, any person having custody or control of a child
who is below the age of 6 years or is 17 years of age or above
and who is enrolled in any of grades kindergarten through 12 in
the public school shall cause the child to attend the public
school in the district wherein he or she resides when it is in
session during the regular school term, unless the child is
excused under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of
this Code.
    (b) A school district shall deny reenrollment in its
secondary schools to any child 19 years of age or above who has
dropped out of school and who could not, because of age and
lack of credits, attend classes during the normal school year
and graduate before his or her twenty-first birthday. A
district may, however, enroll the child in a graduation
incentives program under Section 26-16 of this Code or an
alternative learning opportunities program established under
Article 13B. No child shall be denied reenrollment for the
above reasons unless the school district first offers the
child due process as required in cases of expulsion under
Section 10-22.6. If a child is denied reenrollment after being
provided with due process, the school district must provide
counseling to that child and must direct that child to
alternative educational programs, including adult education
programs, that lead to graduation or receipt of a high school
equivalency certificate.
    (c) A school or school district may deny enrollment to a
student 17 years of age or older for one semester for failure
to meet minimum attendance standards if all of the following
conditions are met:
        (1) The student was absent without valid cause for 20%
    or more of the attendance days in the semester immediately
    prior to the current semester.
        (2) The student and the student's parent or guardian
    are given written notice warning that the student is
    subject to denial from enrollment for one semester unless
    the student is absent without valid cause less than 20% of
    the attendance days in the current semester.
        (3) The student's parent or guardian is provided with
    the right to appeal the notice, as determined by the State
    Board of Education in accordance with due process.
        (4) The student is provided with attendance
    remediation services, including without limitation
    assessment, counseling, and support services.
        (5) The student is absent without valid cause for 20%
    or more of the attendance days in the current semester.
    A school or school district may not deny enrollment to a
student (or reenrollment to a dropout) who is at least 17 years
of age or older but below 19 years for more than one
consecutive semester for failure to meet attendance standards.
    (d) No child may be denied reenrollment under this Section
in violation of the federal Individuals with Disabilities
Education Act or the Americans with Disabilities Act.
    (e) In this subsection (e), "reenrolled student" means a
dropout who has reenrolled full-time in a public school. Each
school district shall identify, track, and report on the
educational progress and outcomes of reenrolled students as a
subset of the district's required reporting on all
enrollments. A reenrolled student who again drops out must not
be counted again against a district's dropout rate performance
measure. The State Board of Education shall set performance
standards for programs serving reenrolled students.
    (f) The State Board of Education shall adopt any rules
necessary to implement the changes to this Section made by
Public Act 93-803.
(Source: P.A. 100-825, eff. 8-13-18.)
 
    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
    (Text of Section before amendment by P.A. 102-466)
    Sec. 26-2a. A "truant" is defined as a child who is subject
to compulsory school attendance and who is absent without
valid cause, as defined under this Section, from such
attendance for more than 1% but less than 5% of the past 180
school days.
    "Valid cause" for absence shall be illness, including the
mental or behavioral health of the student, observance of a
religious holiday, death in the immediate family, attendance
at a civic event, or family emergency and shall include such
other situations beyond the control of the student, as
determined by the board of education in each district, or such
other circumstances which cause reasonable concern to the
parent for the mental, emotional, or physical health or safety
of the student.
    "Chronic or habitual truant" shall be defined as a child
who is subject to compulsory school attendance and who is
absent without valid cause from such attendance for 5% or more
of the previous 180 regular attendance days.
    "Civic event" means an event sponsored by a non-profit
organization or governmental entity that is open to the
public. "Civic event" includes, but is not limited to, an
artistic or cultural performance or educational gathering that
supports the mission of the sponsoring non-profit
organization. The State Board of Education may adopt rules to
further define "civic event".
    "Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
    A "dropout" is defined as any child enrolled in grades 9
through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's
death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program
of studies and who has not transferred to another public or
private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another
country.
    "Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22;
102-321, eff. 1-1-22.)
 
    (Text of Section after amendment by P.A. 102-466)
    Sec. 26-2a. A "truant" is defined as a child who is subject
to compulsory school attendance and who is absent without
valid cause, as defined under this Section, from such
attendance for more than 1% but less than 5% of the past 180
school days.
    "Valid cause" for absence shall be illness, including the
mental or behavioral health of the student, attendance at a
verified medical or therapeutic appointment, appointment with
a victim services provider, observance of a religious holiday,
death in the immediate family, attendance at a civic event, or
family emergency and shall include such other situations
beyond the control of the student, as determined by the board
of education in each district, or such other circumstances
which cause reasonable concern to the parent for the mental,
emotional, or physical health or safety of the student. For
purposes of a student who is an expectant parent, or parent, or
victim of domestic or sexual violence, "valid cause" for
absence includes (i) the fulfillment of a parenting
responsibility, including, but not limited to, arranging and
providing child care, caring for a sick child, attending
prenatal or other medical appointments for the expectant
student, and attending medical appointments for a child, and
(ii) addressing circumstances resulting from domestic or
sexual violence, including, but not limited to, experiencing
domestic or sexual violence, recovering from physical or
psychological injuries, seeking medical attention, seeking
services from a domestic or sexual violence organization, as
defined in Article 26A, seeking psychological or other
counseling, participating in safety planning, temporarily or
permanently relocating, seeking legal assistance or remedies,
or taking any other action to increase the safety or health of
the student or to protect the student from future domestic or
sexual violence. A school district may require a student to
verify his or her claim of domestic or sexual violence under
Section 26A-45 prior to the district approving a valid cause
for an absence of 3 or more consecutive days that is related to
domestic or sexual violence.
    "Chronic or habitual truant" shall be defined as a child
who is subject to compulsory school attendance and who is
absent without valid cause from such attendance for 5% or more
of the previous 180 regular attendance days.
    "Civic event" means an event sponsored by a non-profit
organization or governmental entity that is open to the
public. "Civic event" includes, but is not limited to, an
artistic or cultural performance or educational gathering that
supports the mission of the sponsoring non-profit
organization. The State Board of Education may adopt rules to
further define "civic event".
    "Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
    A "dropout" is defined as any child enrolled in grades 9
through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's
death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program
of studies and who has not transferred to another public or
private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another
country.
    "Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22;
102-321, eff. 1-1-22; 102-466, eff. 7-1-25; revised 9-23-21.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

Effective Date: 1/1/2023