Full Text of HB3784 100th General Assembly
HB3784enr 100TH 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 | | 26-2 and 26-12 as follows: | 6 | | (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 7 | | Sec. 26-2. Enrolled pupils not of compulsory school age.
| 8 | | (a) For school years before the 2014-2015 school year, any | 9 | | person having custody or
control of a child who is below the | 10 | | age of 7 years or is 17 years of age or above
and who is | 11 | | enrolled in any of grades kindergarten through 12
in the public | 12 | | school shall
cause him to attend the public school in the | 13 | | district wherein he resides when
it is in session during the | 14 | | regular school term, unless he is excused under
paragraph 2, 3, | 15 | | 4, 5, or 6 of Section 26-1.
Beginning with the 2014-2015 school | 16 | | year, any person having
custody or control of a child who is | 17 | | below the age of 6 years or is 17 years of age or above and who | 18 | | is enrolled in any of grades kindergarten
through 12 in the | 19 | | public school shall cause the child to attend the public
school | 20 | | in the district wherein he or she resides when it is in session
| 21 | | during the regular school term, unless the child is excused | 22 | | under
paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
| 23 | | (b) A school district shall deny reenrollment in its |
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| 1 | | secondary schools
to any
child 19 years of age or above who has | 2 | | dropped out of school
and who could
not, because of age and | 3 | | lack of credits, attend classes during the normal
school year | 4 | | and graduate before his or her twenty-first birthday.
A | 5 | | district may, however, enroll the child in a graduation | 6 | | incentives program under Section 26-16 of this Code or an | 7 | | alternative learning
opportunities program established
under | 8 | | Article 13B.
No
child shall be denied reenrollment for the | 9 | | above reasons
unless the school district first offers the child
| 10 | | due process as required in cases of expulsion under Section
| 11 | | 10-22.6. If a child is denied reenrollment after being provided | 12 | | with due
process, the school district must provide counseling | 13 | | to that child and
must direct that child to
alternative | 14 | | educational
programs, including adult education programs, that | 15 | | lead to graduation or
receipt of a high school equivalency | 16 | | certificate.
| 17 | | (c) A school or school district may deny enrollment to a | 18 | | student 17 years
of age
or older for one semester for failure | 19 | | to meet minimum academic standards if all
of the
following | 20 | | conditions are met:
| 21 | | (1) The student achieved a grade point average of less | 22 | | than "D" (or its
equivalent)
in the semester immediately | 23 | | prior to the current semester.
| 24 | | (2) The student and the student's parent or guardian | 25 | | are given written
notice
warning that the student is | 26 | | failing academically and is subject to denial from
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| 1 | | enrollment for one semester unless a "D" average (or its | 2 | | equivalent) or better
is attained in the
current
semester.
| 3 | | (3) The parent or guardian is provided with the right | 4 | | to appeal the
notice, as
determined by the State Board of | 5 | | Education in accordance with due process.
| 6 | | (4) The student is provided with an academic | 7 | | improvement plan and academic
remediation services.
| 8 | | (5) The student fails to achieve a "D" average (or its | 9 | | equivalent) or
better in the current
semester.
| 10 | | A school or school district may deny enrollment to a | 11 | | student 17 years of age
or
older for one semester for failure | 12 | | to meet minimum attendance standards if all
of the
following | 13 | | conditions are met:
| 14 | | (1) The student was absent without valid cause for 20% | 15 | | or more of the
attendance
days in the semester immediately | 16 | | prior to the current semester.
| 17 | | (2) The student and the student's parent or guardian | 18 | | are given written
notice
warning that the student is | 19 | | subject to denial from enrollment for one
semester
unless | 20 | | the student is absent without valid cause less than 20% of | 21 | | the
attendance days
in the current semester.
| 22 | | (3) The student's parent or guardian is provided with | 23 | | the right to appeal
the
notice, as determined by the State | 24 | | Board of Education in accordance with due
process.
| 25 | | (4) The student is provided with attendance | 26 | | remediation services,
including
without limitation |
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| 1 | | assessment, counseling, and support services.
| 2 | | (5) The student is absent without valid cause for 20% | 3 | | or more of the
attendance
days in the current semester.
| 4 | | A school or school district may not deny enrollment to a | 5 | | student (or
reenrollment
to a dropout) who is at least 17
years | 6 | | of age or older but below 19
years for more
than one | 7 | | consecutive semester for failure to meet academic or attendance
| 8 | | standards.
| 9 | | (d) No child may be denied enrollment or reenrollment under | 10 | | this
Section in violation
of the federal Individuals with | 11 | | Disabilities Education Act or the Americans with
Disabilities | 12 | | Act.
| 13 | | (e) In this subsection (e), "reenrolled student" means a | 14 | | dropout who has
reenrolled
full-time in a public school. Each | 15 | | school district shall identify, track, and
report on the
| 16 | | educational progress and outcomes of reenrolled students as a | 17 | | subset of the
district's
required reporting on all enrollments.
| 18 | | A reenrolled student who again drops out must not be counted | 19 | | again
against a district's dropout rate performance measure.
| 20 | | The State
Board of Education shall set performance standards | 21 | | for programs serving
reenrolled
students.
| 22 | | (f) The State Board of Education shall adopt any rules | 23 | | necessary to
implement the
changes to this Section made by | 24 | | Public Act 93-803.
| 25 | | (Source: P.A. 98-544, eff. 7-1-14; 98-718, eff. 1-1-15 .)
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| 1 | | (105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
| 2 | | Sec. 26-12. Punitive action. No punitive action ,
including | 3 | | out of school suspensions, expulsions , or court action, shall
| 4 | | be taken against truant minors chronic truants for such truancy | 5 | | unless available supportive services
and other school | 6 | | resources have been provided to the student. Notwithstanding | 7 | | the provisions of Section 10-22.6 of this Code, a truant minor | 8 | | may not be expelled for nonattendance unless he or she has | 9 | | accrued 15 consecutive days of absences without valid cause and | 10 | | the student cannot be located by the school district or the | 11 | | school district has located the student but cannot, after | 12 | | exhausting all available support services, compel the student | 13 | | to return to school.
| 14 | | (Source: P.A. 85-234.)
| 15 | | Section 99. Effective date. This Act takes effect July 1, | 16 | | 2017.
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