093_SB2115

 
                                     LRB093 13257 NHT 18525 b

 1        AN ACT with regard to schools.

 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
 5    Section 26-2 as follows:

 6        (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
 7        Sec. 26-2.  Enrolled pupils below 7 or over 16.
 8        (a)  Any  person having custody or control of a child who
 9    is below the age of 7 years or above the age of 16 years  and
10    who  is enrolled in any of grades 1 through 12, in the public
11    school shall cause him to attend the  public  school  in  the
12    district  wherein he resides when it is in session during the
13    regular school term unless he is excused under paragraphs  2,
14    3, 4 or 5 of Section 26-1.
15        (b)  A  school  district  shall  deny reenrollment in its
16    secondary schools to any child above the age of 19  16  years
17    who  has  dropped out of school and who could not, because of
18    age and lack of credits, attend  classes  during  the  normal
19    school  year  and  graduate  before  his  or her twenty-first
20    birthday. A district may, however, enroll  the  child  in  an
21    alternative  learning opportunities program established under
22    Article 13B. No child shall be denied  reenrollment  for  the
23    above  reasons  unless  the  school district first offers the
24    child due process as required in  cases  of  expulsion  under
25    Section  10-22.6.   If  a  child is denied reenrollment after
26    being provided with due process,  the  school  district  must
27    provide  counseling  to that child and must direct that child
28    to  alternative   educational   programs,   including   adult
29    education  programs,  that lead to graduation or receipt of a
30    GED diploma.
31        (c)  A school or school district may deny enrollment to a
 
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 1    student 16 years of age or older for one semester for failure
 2    to meet minimum academic standards if all  of  the  following
 3    conditions are met:
 4             (1)  The  student  achieved a grade point average of
 5        less  than  "D"  (or  its  equivalent)  in  the  semester
 6        immediately prior to the current semester.
 7             (2)  The  student  and  the  student's   parent   or
 8        guardian  are  given  written  notice  warning  that  the
 9        student  is failing academically and is subject to denial
10        from enrollment for one semester unless a "D" average (or
11        its equivalent) or better  is  attained  in  the  current
12        semester.
13             (3)  The  parent  or  guardian  is provided with the
14        right to appeal the notice, as determined  by  the  State
15        Board of Education in accordance with due process.
16             (4)  The   student  is  provided  with  an  academic
17        improvement plan and academic remediation services.
18             (5)  The student fails to achieve a "D" average  (or
19        its equivalent) or better in the current semester.
20        A  school  or  school  district  may deny enrollment to a
21    student 16 years of age or older for one semester for failure
22    to meet minimum attendance standards if all of the  following
23    conditions are met:
24             (1)  The  student was absent without valid cause for
25        20% or more  of  the  attendance  days  in  the  semester
26        immediately prior to the current semester.
27             (2)  The   student   and  the  student's  parent  or
28        guardian  are  given  written  notice  warning  that  the
29        student is subject to  denial  from  enrollment  for  one
30        semester unless the student is absent without valid cause
31        less  than  20%  of  the  attendance  days in the current
32        semester.
33             (3)  The student's parent or  guardian  is  provided
34        with the right to appeal the notice, as determined by the
 
                            -3-      LRB093 13257 NHT 18525 b
 1        State Board of Education in accordance with due process.
 2             (4)  The   student   is   provided  with  attendance
 3        remediation  services,   including   without   limitation
 4        assessment, counseling, and support services.
 5             (5)  The  student  is absent without valid cause for
 6        20% or  more  of  the  attendance  days  in  the  current
 7        semester.
 8        A  school or school district may not deny enrollment to a
 9    student (or reenrollment to a dropout) who  is  at  least  16
10    years  of  age  or  older but not more than 19 years for more
11    than one consecutive semester for failure to meet academic or
12    attendance standards.
13        (d)  No child may be denied  enrollment  or  reenrollment
14    under  this  Section  in  violation  of  the Individuals with
15    Disabilities Education Act or the Americans with Disabilities
16    Act.
17        (e)  In this subsection (e), "reenrolled student" means a
18    dropout who has reenrolled full-time in a public school. Each
19    school district shall identify,  track,  and  report  on  the
20    educational progress and outcomes of reenrolled students as a
21    subset   of   the   district's   required  reporting  on  all
22    enrollments. A reenrolled student who again  drops  out  must
23    not  be  counted  again  against  a  district's  dropout rate
24    performance measure. The State Board of Education  shall  set
25    performance   standards   for   programs  serving  reenrolled
26    students.
27        (f)  The State Board of Education shall adopt  any  rules
28    necessary  to  implement  the changes to this Section made by
29    this amendatory Act of the 93rd General Assembly.
30    (Source: P.A. 92-42, eff. 1-1-02.)

31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.