Full Text of HB2762 98th General Assembly
HB2762eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT regarding 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 between the ages of 7 and 17
| 9 | | years (unless the child has already graduated from high school)
| 10 | | shall cause such child to attend some public school in the | 11 | | district
wherein the child resides the entire time it is in | 12 | | session during the
regular school term, except that if the | 13 | | child turns 7 during the regular school term, that child shall | 14 | | be made to attend that entire school term. Further exceptions | 15 | | are except as provided in Section 10-19.1 , and for during a
| 16 | | required summer school programs program established under | 17 | | Section 10-22.33B . The ; provided,
that
the following children | 18 | | shall not be required to attend the public schools:
| 19 | | 1. Any child attending a private or a parochial school | 20 | | where children
are taught the branches of education taught | 21 | | to children of corresponding
age and grade in the public | 22 | | schools, and where the instruction of the child
in the | 23 | | branches of education is in the English language;
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| 1 | | 2. Any child who is physically or mentally unable to | 2 | | attend school, such
disability being certified to the | 3 | | county or district truant officer by a
competent physician | 4 | | licensed in Illinois to practice medicine and surgery in | 5 | | all its branches, a chiropractic physician licensed under | 6 | | the Medical Practice Act of 1987, an advanced practice | 7 | | nurse who has a written collaborative agreement with a | 8 | | collaborating physician that authorizes the advanced | 9 | | practice nurse to perform health examinations, a physician | 10 | | assistant who has been delegated the authority to perform | 11 | | health examinations by his or her supervising physician, or | 12 | | a Christian Science practitioner residing in this
State and | 13 | | listed in the Christian Science Journal; or who is excused | 14 | | for
temporary absence for cause by
the principal or teacher | 15 | | of the school which the child attends; the exemptions
in | 16 | | this paragraph (2) do not apply to any female who is | 17 | | pregnant or the
mother of one or more children, except | 18 | | where a female is unable to attend
school due to a | 19 | | complication arising from her pregnancy and the existence
| 20 | | of such complication is certified to the county or district | 21 | | truant officer
by a competent physician;
| 22 | | 3. Any child necessarily and lawfully employed | 23 | | according to the
provisions of the law regulating child | 24 | | labor may be excused from attendance
at school by the | 25 | | county superintendent of schools or the superintendent of
| 26 | | the public school which the child should be attending, on |
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| 1 | | certification of
the facts by and the recommendation of the | 2 | | school board of the public
school district in which the | 3 | | child resides. In districts having part time
continuation | 4 | | schools, children so excused shall attend such schools at
| 5 | | least 8 hours each week;
| 6 | | 4. Any child over 12 and under 14 years of age while in | 7 | | attendance at
confirmation classes;
| 8 | | 5. Any child absent from a public school on a | 9 | | particular day or days
or at a particular time of day for | 10 | | the reason that he is unable to attend
classes or to | 11 | | participate in any examination, study or work requirements | 12 | | on
a particular day or days or at a particular time of day, | 13 | | because the tenets
of his religion forbid secular activity | 14 | | on a particular day or days or at a
particular time of day. | 15 | | Each school board shall prescribe rules and
regulations | 16 | | relative to absences for religious holidays including, but | 17 | | not
limited to, a list of religious holidays on which it | 18 | | shall be mandatory to
excuse a child; but nothing in this | 19 | | paragraph 5 shall be construed to limit
the right of any | 20 | | school board, at its discretion, to excuse an absence on
| 21 | | any other day by reason of the observance of a religious | 22 | | holiday. A school
board may require the parent or guardian | 23 | | of a child who is to be excused
from attending school due | 24 | | to the observance of a religious holiday to give
notice, | 25 | | not exceeding 5 days, of the child's absence to the school
| 26 | | principal or other school personnel. Any child excused from |
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| 1 | | attending
school under this paragraph 5 shall not be | 2 | | required to submit a written
excuse for such absence after | 3 | | returning to school; and | 4 | | 6. Any child 16 years of age or older who (i) submits | 5 | | to a school district evidence of necessary and lawful | 6 | | employment pursuant to paragraph 3 of this Section and (ii) | 7 | | is enrolled in a graduation incentives program pursuant to | 8 | | Section 26-16 of this Code or an alternative learning | 9 | | opportunities program established pursuant to Article 13B | 10 | | of this Code.
| 11 | | (Source: P.A. 96-367, eff. 8-13-09.)
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