Full Text of HB3784 100th General Assembly
HB3784 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3784 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/26-2 | from Ch. 122, par. 26-2 | 105 ILCS 5/26-12 | from Ch. 122, par. 26-12 |
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Amends the Compulsory Attendance Article of the School Code. In a Section concerning enrolled pupils not of compulsory school age, removes provisions that allow a school or school district to deny enrollment to a student 17 years of age or older for one semester for failure to meet minimum academic standards if certain conditions are met, and provides that no child may be denied reenrollment (instead of enrollment or reenrollment) under the Section in violation of the federal Individuals with Disabilities Education Act or the Americans with Disabilities Act. Prohibits punitive action from being taken against truant minors (rather than chronic truants) for such truancy unless available supportive services and other school resources have been provided to the student. Provides that a truant minor may not be expelled for nonattendance unless he or she has accrued 15 consecutive days of absences without valid cause and the student cannot be located by the school district or the school district has located the student but cannot, after exhausting all available support services, compel the student to return to school. Effective July 1, 2017.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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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