SB2075eng 101ST GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-20.12, 10-20.19a, 10-22.18, 26-1, 26-2, and 34-19 as
6follows:
 
7    (105 ILCS 5/10-20.12)  (from Ch. 122, par. 10-20.12)
8    Sec. 10-20.12. School year - School age. To establish and
9keep in operation in each year during a school term of at least
10the minimum length required by Section 10-19, a sufficient
11number of free schools for the accommodation of all persons in
12the district who are 5 years of age or older but under 21 years
13of age, and to secure for all such persons the right and
14opportunity to an equal education in such schools; provided
15that (i) children who will attain the age of 5 years on or
16before September 1 of the year of the 1990-1991 school term
17through the 2019-2020 and each school term or on or before May
1831 of the year of the 2020-2021 school term and each school
19term thereafter may attend school upon the commencement of such
20term and (ii) based upon an assessment of the child's
21readiness, children who have attended a non-public preschool
22and continued their education at that school through
23kindergarten, were taught in kindergarten by an appropriately

 

 

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1certified teacher, and will attain the age of 6 years on or
2before December 31 of the year of the 2009-2010 school term and
3each school term thereafter may attend first grade upon
4commencement of such term. However, Section 33 of the
5Educational Opportunity for Military Children Act shall apply
6to children of active duty military personnel. Based upon an
7assessment of a child's readiness to attend school, a school
8district may permit a child to attend school prior to the dates
9contained in this Section. In any school district operating on
10a full year school basis children who will attain age 5 within
1130 days after the commencement of a term may attend school upon
12the commencement of such term and, based upon an assessment of
13the child's readiness, children who have attended a non-public
14preschool and continued their education at that school through
15kindergarten, were taught in kindergarten by an appropriately
16certified teacher, and will attain age 6 within 4 months after
17the commencement of a term may attend first grade upon the
18commencement of such term. The school district may, by
19resolution of its board, allow for a full year school plan.
20(Source: P.A. 98-673, eff. 6-30-14.)
 
21    (105 ILCS 5/10-20.19a)  (from Ch. 122, par. 10-20.19a)
22    Sec. 10-20.19a. Kindergartens. After July 1, 1970, to
23establish and maintain kindergartens for the instruction of
24children in accordance with rules and regulations prescribed by
25the State Board of Education. Such kindergartens may provide

 

 

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1for either a 1/2 day or a full day of attendance for pupils
2enrolled therein. This Section is subject to Section 10-22.18.
3(Source: P.A. 84-18.)
 
4    (105 ILCS 5/10-22.18)  (from Ch. 122, par. 10-22.18)
5    Sec. 10-22.18. Kindergartens. To establish kindergartens
6for the instruction of children between the ages of 4 and 6
7years, if in their judgment the public interest requires it,
8and to pay the necessary expenses thereof out of the school
9funds of the district. Upon petition of at least 50 parents or
10guardians of children between the ages of 4 and 6, residing
11within any school district and within one mile of the public
12school where such kindergarten is proposed to be established,
13the board of directors shall, if funds are available, establish
14a kindergarten in connection with the public school designated
15in the petition and maintain it as long as the annual average
16daily attendance therein is not less than 15. The board may
17establish a kindergarten with half-day attendance or with
18full-day attendance. If the board establishes full-day
19kindergarten, it shall also establish half-day kindergarten.
20No one shall be employed to teach in a kindergarten who does
21not hold a certificate as provided by law.
22    Beginning with the 2020-2021 school year, each school
23district, including a school district organized under Article
2434, must establish kindergarten for the instruction of children
25who are 5 years of age or older.

 

 

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1(Source: P.A. 84-1308.)
 
2    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
3    Sec. 26-1. Compulsory school age; exemptions. Whoever has
4custody or control of any child (i) between the ages of 7 and
517 years (unless the child has already graduated from high
6school) for school years before the 2014-2015 school year or
7(ii) between the ages of 6 (on or before September 1) and 17
8years (unless the child has already graduated from high school)
9for school years before the 2020-2021 beginning with the
102014-2015 school year or (ii) between the ages of 5 (on or
11before May 31) and 17 (unless the child has already graduated
12from high school) beginning with the 2020-2021 school year
13shall cause such child to attend some public school in the
14district wherein the child resides the entire time it is in
15session during the regular school term, except as provided in
16Section 10-19.1, and during a required summer school program
17established under Section 10-22.33B; provided, that the
18following children shall not be required to attend the public
19schools:
20        1. Any child attending a private or a parochial school
21    where children are taught the branches of education taught
22    to children of corresponding age and grade in the public
23    schools, and where the instruction of the child in the
24    branches of education is in the English language;
25        2. Any child who is physically or mentally unable to

 

 

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1    attend school, such disability being certified to the
2    county or district truant officer by a competent physician
3    licensed in Illinois to practice medicine and surgery in
4    all its branches, a chiropractic physician licensed under
5    the Medical Practice Act of 1987, a licensed advanced
6    practice registered nurse, a licensed physician assistant,
7    or a Christian Science practitioner residing in this State
8    and listed in the Christian Science Journal; or who is
9    excused for temporary absence for cause by the principal or
10    teacher of the school which the child attends; the
11    exemptions in this paragraph (2) do not apply to any female
12    who is pregnant or the mother of one or more children,
13    except where a female is unable to attend school due to a
14    complication arising from her pregnancy and the existence
15    of such complication is certified to the county or district
16    truant officer by a competent physician;
17        3. Any child necessarily and lawfully employed
18    according to the provisions of the law regulating child
19    labor may be excused from attendance at school by the
20    county superintendent of schools or the superintendent of
21    the public school which the child should be attending, on
22    certification of the facts by and the recommendation of the
23    school board of the public school district in which the
24    child resides. In districts having part-time continuation
25    schools, children so excused shall attend such schools at
26    least 8 hours each week;

 

 

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1        4. Any child over 12 and under 14 years of age while in
2    attendance at confirmation classes;
3        5. Any child absent from a public school on a
4    particular day or days or at a particular time of day for
5    the reason that he is unable to attend classes or to
6    participate in any examination, study or work requirements
7    on a particular day or days or at a particular time of day,
8    because the tenets of his religion forbid secular activity
9    on a particular day or days or at a particular time of day.
10    Each school board shall prescribe rules and regulations
11    relative to absences for religious holidays including, but
12    not limited to, a list of religious holidays on which it
13    shall be mandatory to excuse a child; but nothing in this
14    paragraph 5 shall be construed to limit the right of any
15    school board, at its discretion, to excuse an absence on
16    any other day by reason of the observance of a religious
17    holiday. A school board may require the parent or guardian
18    of a child who is to be excused from attending school due
19    to the observance of a religious holiday to give notice,
20    not exceeding 5 days, of the child's absence to the school
21    principal or other school personnel. Any child excused from
22    attending school under this paragraph 5 shall not be
23    required to submit a written excuse for such absence after
24    returning to school;
25        6. Any child 16 years of age or older who (i) submits
26    to a school district evidence of necessary and lawful

 

 

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1    employment pursuant to paragraph 3 of this Section and (ii)
2    is enrolled in a graduation incentives program pursuant to
3    Section 26-16 of this Code or an alternative learning
4    opportunities program established pursuant to Article 13B
5    of this Code;
6        7. A child in any of grades 6 through 12 absent from a
7    public school on a particular day or days or at a
8    particular time of day for the purpose of sounding "Taps"
9    at a military honors funeral held in this State for a
10    deceased veteran. In order to be excused under this
11    paragraph 7, the student shall notify the school's
12    administration at least 2 days prior to the date of the
13    absence and shall provide the school's administration with
14    the date, time, and location of the military honors
15    funeral. The school's administration may waive this 2-day
16    notification requirement if the student did not receive at
17    least 2 days advance notice, but the student shall notify
18    the school's administration as soon as possible of the
19    absence. A student whose absence is excused under this
20    paragraph 7 shall be counted as if the student attended
21    school for purposes of calculating the average daily
22    attendance of students in the school district. A student
23    whose absence is excused under this paragraph 7 must be
24    allowed a reasonable time to make up school work missed
25    during the absence. If the student satisfactorily
26    completes the school work, the day of absence shall be

 

 

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1    counted as a day of compulsory attendance and he or she may
2    not be penalized for that absence; and
3        8. Any child absent from a public school on a
4    particular day or days or at a particular time of day for
5    the reason that his or her parent or legal guardian is an
6    active duty member of the uniformed services and has been
7    called to duty for, is on leave from, or has immediately
8    returned from deployment to a combat zone or combat-support
9    postings. Such a student shall be granted 5 days of excused
10    absences in any school year and, at the discretion of the
11    school board, additional excused absences to visit the
12    student's parent or legal guardian relative to such leave
13    or deployment of the parent or legal guardian. In the case
14    of excused absences pursuant to this paragraph 8, the
15    student and parent or legal guardian shall be responsible
16    for obtaining assignments from the student's teacher prior
17    to any period of excused absence and for ensuring that such
18    assignments are completed by the student prior to his or
19    her return to school from such period of excused absence.
20(Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17;
21100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff.
228-14-18.)
 
23    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
24    Sec. 26-2. Enrolled pupils not of compulsory school age.
25    (a) For school years before the 2020-2021 2014-2015 school

 

 

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1year, any person having custody or control of a child who is
2below the age of 7 years or is 17 years of age or above and who
3is enrolled in any of grades kindergarten through 12 in the
4public school shall cause him to attend the public school in
5the district wherein he resides when it is in session during
6the regular school term, unless he is excused under paragraph
72, 3, 4, 5, or 6 of Section 26-1. Beginning with the 2014-2015
8school year, any person having custody or control of a child
9who is below the age of 6 years or is 17 years of age or above
10and who is enrolled in any of grades kindergarten through 12 in
11the public school shall cause the child to attend the public
12school in the district wherein he or she resides when it is in
13session during the regular school term, unless the child is
14excused under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of
15this Code. Beginning with the 2020-2021 school year, any person
16having custody or control of a child who is below the age of 5
17years or is 17 years of age or above and who is enrolled in any
18of grades kindergarten through 12 in the public school shall
19cause the child to attend the public school in the district
20wherein he or she resides when it is in session during the
21regular school term, unless the child is excused under
22paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
23    (b) A school district shall deny reenrollment in its
24secondary schools to any child 19 years of age or above who has
25dropped out of school and who could not, because of age and
26lack of credits, attend classes during the normal school year

 

 

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1and graduate before his or her twenty-first birthday. A
2district may, however, enroll the child in a graduation
3incentives program under Section 26-16 of this Code or an
4alternative learning opportunities program established under
5Article 13B. No child shall be denied reenrollment for the
6above reasons unless the school district first offers the child
7due process as required in cases of expulsion under Section
810-22.6. If a child is denied reenrollment after being provided
9with due process, the school district must provide counseling
10to that child and must direct that child to alternative
11educational programs, including adult education programs, that
12lead to graduation or receipt of a high school equivalency
13certificate.
14    (c) A school or school district may deny enrollment to a
15student 17 years of age or older for one semester for failure
16to meet minimum attendance standards if all of the following
17conditions are met:
18        (1) The student was absent without valid cause for 20%
19    or more of the attendance days in the semester immediately
20    prior to the current semester.
21        (2) The student and the student's parent or guardian
22    are given written notice warning that the student is
23    subject to denial from enrollment for one semester unless
24    the student is absent without valid cause less than 20% of
25    the attendance days in the current semester.
26        (3) The student's parent or guardian is provided with

 

 

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1    the right to appeal the notice, as determined by the State
2    Board of Education in accordance with due process.
3        (4) The student is provided with attendance
4    remediation services, including without limitation
5    assessment, counseling, and support services.
6        (5) The student is absent without valid cause for 20%
7    or more of the attendance days in the current semester.
8    A school or school district may not deny enrollment to a
9student (or reenrollment to a dropout) who is at least 17 years
10of age or older but below 19 years for more than one
11consecutive semester for failure to meet attendance standards.
12    (d) No child may be denied reenrollment under this Section
13in violation of the federal Individuals with Disabilities
14Education Act or the Americans with Disabilities Act.
15    (e) In this subsection (e), "reenrolled student" means a
16dropout who has reenrolled full-time in a public school. Each
17school district shall identify, track, and report on the
18educational progress and outcomes of reenrolled students as a
19subset of the district's required reporting on all enrollments.
20A reenrolled student who again drops out must not be counted
21again against a district's dropout rate performance measure.
22The State Board of Education shall set performance standards
23for programs serving reenrolled students.
24    (f) The State Board of Education shall adopt any rules
25necessary to implement the changes to this Section made by
26Public Act 93-803.

 

 

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1(Source: P.A. 100-825, eff. 8-13-18.)
 
2    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
3    Sec. 34-19. By-laws, rules and regulations; business
4transacted at regular meetings; voting; records. The board
5shall, subject to the limitations in this Article, establish
6by-laws, rules and regulations, which shall have the force of
7ordinances, for the proper maintenance of a uniform system of
8discipline for both employees and pupils, and for the entire
9management of the schools, and may fix the school age of
10pupils, the minimum of which in kindergartens (which, beginning
11with the 2020-2021 school year, must be established under
12Section 10-22.18 for children 5 years of age or older) shall
13not be under 4 years, except that, based upon an assessment of
14the child's readiness, children who have attended a non-public
15preschool and continued their education at that school through
16kindergarten, were taught in kindergarten by an appropriately
17certified teacher, and will attain the age of 6 years on or
18before December 31 of the year of the 2009-2010 school term and
19each school term thereafter may attend first grade upon
20commencement of such term, and in grade schools shall not be
21under 6 years. It may expel, suspend or, subject to the
22limitations of all policies established or adopted under
23Section 10-22.6 or 14-8.05, otherwise discipline any pupil
24found guilty of gross disobedience, misconduct, or other
25violation of the by-laws, rules, and regulations, including

 

 

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1gross disobedience or misconduct perpetuated by electronic
2means. An expelled pupil may be immediately transferred to an
3alternative program in the manner provided in Article 13A or
413B of this Code. A pupil must not be denied transfer because
5of the expulsion, except in cases in which such transfer is
6deemed to cause a threat to the safety of students or staff in
7the alternative program. A pupil who is suspended in excess of
820 school days may be immediately transferred to an alternative
9program in the manner provided in Article 13A or 13B of this
10Code. A pupil must not be denied transfer because of the
11suspension, except in cases in which such transfer is deemed to
12cause a threat to the safety of students or staff in the
13alternative program. The bylaws, rules and regulations of the
14board shall be enacted, money shall be appropriated or
15expended, salaries shall be fixed or changed, and textbooks,
16electronic textbooks, and courses of instruction shall be
17adopted or changed only at the regular meetings of the board
18and by a vote of a majority of the full membership of the
19board; provided that notwithstanding any other provision of
20this Article or the School Code, neither the board or any local
21school council may purchase any textbook for use in any public
22school of the district from any textbook publisher that fails
23to furnish any computer diskettes as required under Section
2428-21. Funds appropriated for textbook purchases must be
25available for electronic textbook purchases and the
26technological equipment necessary to gain access to and use

 

 

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1electronic textbooks at the local school council's discretion.
2The board shall be further encouraged to provide opportunities
3for public hearing and testimony before the adoption of bylaws,
4rules and regulations. Upon all propositions requiring for
5their adoption at least a majority of all the members of the
6board the yeas and nays shall be taken and reported. The
7by-laws, rules and regulations of the board shall not be
8repealed, amended or added to, except by a vote of 2/3 of the
9full membership of the board. The board shall keep a record of
10all its proceedings. Such records and all by-laws, rules and
11regulations, or parts thereof, may be proved by a copy thereof
12certified to be such by the secretary of the board, but if they
13are printed in book or pamphlet form which are purported to be
14published by authority of the board they need not be otherwise
15published and the book or pamphlet shall be received as
16evidence, without further proof, of the records, by-laws, rules
17and regulations, or any part thereof, as of the dates thereof
18as shown in such book or pamphlet, in all courts and places
19where judicial proceedings are had.
20    Notwithstanding any other provision in this Article or in
21the School Code, the board may delegate to the general
22superintendent or to the attorney the authorities granted to
23the board in the School Code, provided such delegation and
24appropriate oversight procedures are made pursuant to board
25by-laws, rules and regulations, adopted as herein provided,
26except that the board may not delegate its authorities and

 

 

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1responsibilities regarding (1) budget approval obligations;
2(2) rule-making functions; (3) desegregation obligations; (4)
3real estate acquisition, sale or lease in excess of 10 years as
4provided in Section 34-21; (5) the levy of taxes; or (6) any
5mandates imposed upon the board by "An Act in relation to
6school reform in cities over 500,000, amending Acts herein
7named", approved December 12, 1988 (P.A. 85-1418).
8(Source: P.A. 99-456, eff. 9-15-16.)