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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0440eng HB0440 Engrossed LRB9102120NTsb 1 AN ACT concerning pupils, amending named Acts. 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 Sections 26-2 and 26-2a 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. Any 8 person having custody or control of a child who is below the 9 age of 7 years or above the age of 16 years and who is 10 enrolled in (i) any of grades 1 through 12,in the public 11 school until the 1999-2000 school year or (ii) for the 12 1999-2000 school year and each school year thereafter, any of 13 grades kindergarten through 12 in the public school shall 14 cause him to attend the public school in the district wherein 15 he resides when it is in session during the regular school 16 term unless he is excused under paragraphs 2, 3, 4 or 5 of 17 Section 26-1. Any person having custody or control of the 18 child may not circumvent this attendance requirement, after 19 having been given notice by a truant officer that the child 20 must be present at school, by removing the child from 21 enrollment in the school district. 22 A school district shall deny reenrollment in its 23 secondary schools to any child above the age of 16 years who 24 has dropped out of school and who could not, because of age 25 and lack of credits, attend classes during the normal school 26 year and graduate before his or her twenty-first birthday. 27 No child shall be denied reenrollment for the above reasons 28 unless the school district first offers the child due process 29 as required in cases of expulsion under Section 10-22.6. If 30 a child is denied reenrollment after being provided with due 31 process, the school district must provide counseling to that HB0440 Engrossed -2- LRB9102120NTsb 1 child and must direct that child to alternative educational 2 programs, including adult education programs, that lead to 3 graduation or receipt of a GED diploma. No child may be 4 denied reenrollment in violation of the Individuals with 5 Disabilities Education Act or the Americans with Disabilities 6 Act. 7 (Source: P.A. 88-199; 88-555, eff. 7-27-94.) 8 (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) 9 Sec. 26-2a. Until the 1999-2000 school year, a "truant" 10 is defined as a child subject to compulsory school attendance 11 and who is absent without valid cause from such attendance 12 for a school day or portion thereof. For the 1999-2000 13 school year and each school year thereafter, a "truant" is 14 defined as a child enrolled in any of grades kindergarten 15 through 12 whose attendance is required under Section 26-1 or 16 26-2, except a child who is 16 years of age or older, and who 17 is absent without valid cause from such attendance for a 18 school day or portion thereof. 19 "Valid cause" for absence shall be illness, observance of 20 a religious holiday, death in the immediate family, family 21 emergency, and shall include such other situations beyond the 22 control of the student as determined by the board of 23 education in each district, or such other circumstances which 24 cause reasonable concern to the parent for the safety or 25 health of the student. 26 Until the 1999-2000 school year, "chronic or habitual 27 truant" shall be defined as a child subject to compulsory 28 school attendance and who is absent without valid cause from 29 such attendance for 10% or more of the previous 180 regular 30 attendance days. For the 1999-2000 school year and each 31 school year thereafter, "chronic or habitual truant" shall be 32 defined as a child who is enrolled in any of grades 33 kindergarten through 12 whose attendance is required under HB0440 Engrossed -3- LRB9102120NTsb 1 Section 26-1 or 26-2, except a child who is 16 years of age 2 or older, and who is absent without valid cause from such 3 attendance for 10% or more of the previous 180 regular 4 attendance days. 5 "Truant minor" is defined as a chronic truant to whom 6 supportive services, including prevention, diagnostic, 7 intervention and remedial services, alternative programs and 8 other school and community resources have been provided and 9 have failed to result in the cessation of chronic truancy, or 10 have been offered and refused. 11 A "dropout" is defined as any child enrolled in grades 12 kindergarten1through 12 whose name has been removed from 13 the district enrollment roster for any reason other than his 14 death, extended illness, graduation or completion of a 15 program of studies and who has not transferred to another 16 public or private school. 17 "Religion" for the purposes of this Article, includes all 18 aspects of religious observance and practice, as well as 19 belief. 20 (Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.) 21 Section 10. The Juvenile Court Act of 1987 is amended by 22 changing Section 3-33 as follows: 23 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33) 24 Sec. 3-33. Truant Minor in Need of Supervision. 25 (a) Definition. A minor who is reported by a regional 26 superintendent of schools, or in cities of over 500,000 27 inhabitants, by the Office of Chronic Truant Adjudication, as 28 a chronic truant shall be adjudged a truant minor in need of 29 supervision. 30 (a-1) There is a rebuttable presumption that a chronic 31 truant is a truant minor in need of supervision. 32 (a-2) There is a rebuttable presumption that school HB0440 Engrossed -4- LRB9102120NTsb 1 records of a minor's attendance at school are authentic. 2 (a-3) For purposes of this Section, "chronic truant" has 3 the meaning ascribed to it in Section 26-2a of the School 4 Code. However, a minor below the compulsory school age and 5 enrolled in kindergarten or first grade shall not be adjudged 6 a truant minor in need of supervision. 7 (b) Kinds of dispositional orders. A minor found to be 8 a truant minor in need of supervision may be: 9 (1) committed to the appropriate regional 10 superintendent of schools for a multi-disciplinary case 11 staffing, individualized educational plan or service 12 plan, or referral to comprehensive community-based youth 13 services; 14 (2) required to comply with an individualized 15 educational plan or service plan as specifically provided 16 by the appropriate regional superintendent of schools; 17 (3) ordered to obtain counseling or other 18 supportive services; 19 (4) subject to a fine in an amount in excess of $5, 20 but not exceeding $100, and each day of absence without 21 valid cause as defined in Section 26-2a of The School 22 Code is a separate offense; 23 (5) required to perform some reasonable public 24 service work such as, but not limited to, the picking up 25 of litter in public parks or along public highways or the 26 maintenance of public facilities; or 27 (6) subject to having his or her driver's license 28 or driving privilege suspended for a period of time as 29 determined by the court but only until he or she attains 30 18 years of age. 31 A dispositional order may include a fine, public service, 32 or suspension of a driver's license or privilege only if the 33 court has made an express written finding that a truancy 34 prevention program has been offered by the school, regional HB0440 Engrossed -5- LRB9102120NTsb 1 superintendent of schools, or a community social service 2 agency to the truant minor in need of supervision. 3 (c) Orders entered under this Section may be enforced by 4 contempt proceedings. 5 (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97; 6 90-590, eff. 1-1-99; 90-655, eff. 7-30-98.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.