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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 105 ILCS 5/26-4
(105 ILCS 5/26-4)
Sec. 26-4.
(Repealed).
(Source: Repealed by P.A. 88-50.)
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105 ILCS 5/26-5
(105 ILCS 5/26-5) (from Ch. 122, par. 26-5)
Sec. 26-5.
Duties
of truant officers.
The truant officer of the school district, whenever notified by the
Superintendent, teacher, or other person of violations of this Article, or
the county truant officer, when notified by the County Superintendent,
shall investigate all cases of truancy or non-attendance at school in their
respective jurisdictions, and if the children complained of are not exempt
under the provisions of this Article, the truant officer shall proceed as
is provided in this Article. The county truant officer, within the county
and the district truant officers, within their respective districts, shall
in the exercise of their duties be conservators of the peace and shall keep
the same, suppress riots, routs, affray, fighting, breaches of the peace,
and prevent crime; and may arrest offenders on view and cause them to be
brought before proper officials for trial or examination.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/26-6
(105 ILCS 5/26-6) (from Ch. 122, par. 26-6)
Sec. 26-6.
List and reports in districts employing truant officers.
In school districts which employ truant officers the clerk or
secretary of the school board shall at the beginning of each school year
furnish a copy of the last school census to the superintendent of
schools (or principal teacher) in the district, together with the names
and addresses of the truant officers in the district, and the
superintendent, (or principal teacher) shall compare the census list
with the enrollment of the school or schools and, from time to time,
report to the proper truant officers the names and addresses of persons
having custody or control of children included under the provisions of
this Article who are truant or who are chronic or habitual truants for whom
supportive services and other school resources have failed to correct the
truant behavior and who are not in regular attendance at public schools
and also the names of persons having custody or control of children who are
not in regular attendance at school and whose names are not included in
the census list.
(Source: P.A. 80-908.)
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105 ILCS 5/26-7
(105 ILCS 5/26-7) (from Ch. 122, par. 26-7)
Sec. 26-7. Notice
to custodian-Notice of non-compliance. If any person fails to send any child under his custody or control to
some lawful school, the truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee
shall, as soon as practicable after
he is notified thereof, give notice in person or by mail to such person
that such child shall be present at the proper public school on the day
following the receipt of such notice. The notice shall state the date that
attendance at school must begin and that such attendance must be continuous
and consecutive in the district during the remainder of the school year.
The truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee shall at the same time that such notice is given notify
the teacher or superintendent of the proper public school thereof and the
teacher or superintendent shall notify the truant officer or regional superintendent of schools of any
non-compliance therewith.
(Source: P.A. 93-858, eff. 1-1-05.)
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105 ILCS 5/26-8
(105 ILCS 5/26-8) (from Ch. 122, par. 26-8)
Sec. 26-8. Determination as to compliance - Complaint in circuit court.
Except for a school district organized under Article 34 of this Code, a truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee, after giving the notice provided in Section 26-7, shall
determine whether the notice has been complied with. If 3 notices have been given and the notices have not
been complied with, and if the persons having custody or control have knowingly
and willfully permitted the truant behavior to continue, the regional superintendent of schools, or his or her designee, of the school district where the child resides shall conduct a truancy hearing. If the regional superintendent determines as a result of the hearing that the child is truant, the regional superintendent shall, if age appropriate at the discretion of the regional superintendent, require the student to complete 20 to 40 hours of community service over a period of 90 days. If the truancy persists, the regional superintendent shall (i) make complaint against the persons having custody or control to the state's
attorney or in the circuit court in the county where such person resides
for failure to comply with the provisions of this Article or (ii) conduct truancy mediation and encourage the student to enroll in a graduation incentives program under Section 26-16 of this Code. If, however,
after giving the notice provided in Section 26-7 the truant behavior has
continued, and the child is beyond the control of the parents, guardians
or custodians, a truancy petition shall be filed under the provisions of
Article III of the Juvenile Court Act of 1987.
(Source: P.A. 102-456, eff. 1-1-22 .)
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