Illinois General Assembly - Full Text of Public Act 093-0858
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Public Act 093-0858


 

Public Act 0858 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0858
 
SB2918 Enrolled LRB093 20961 NHT 46945 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
26-1, 26-2, 26-7, 26-8, and 26-14 and by adding Section 26-16
as follows:
 
    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
    Sec. 26-1. Compulsory school age-Exemptions. Whoever has
custody or control of any child between the ages of 7 and 17 16
years (unless the child has already graduated from high school)
shall cause such child to attend some public school in the
district wherein the child resides the entire time it is in
session during the regular school term, except as provided in
Section 10-19.1, and during a required summer school program
established under Section 10-22.33B; provided, that the
following children shall not be required to attend the public
schools:
    1. Any child attending a private or a parochial school
where children are taught the branches of education taught to
children of corresponding age and grade in the public schools,
and where the instruction of the child in the branches of
education is in the English language;
    2. Any child who is physically or mentally unable to attend
school, such disability being certified to the county or
district truant officer by a competent physician or a Christian
Science practitioner residing in this State and listed in the
Christian Science Journal; or who is excused for temporary
absence for cause by the principal or teacher of the school
which the child attends; the exemptions in this paragraph (2)
do not apply to any female who is pregnant or the mother of one
or more children, except where a female is unable to attend
school due to a complication arising from her pregnancy and the
existence of such complication is certified to the county or
district truant officer by a competent physician;
    3. Any child necessarily and lawfully employed according to
the provisions of the law regulating child labor may be excused
from attendance at school by the county superintendent of
schools or the superintendent of the public school which the
child should be attending, on certification of the facts by and
the recommendation of the school board of the public school
district in which the child resides. In districts having part
time continuation schools, children so excused shall attend
such schools at least 8 hours each week;
    4. Any child over 12 and under 14 years of age while in
attendance at confirmation classes;
    5. Any child absent from a public school on a particular
day or days or at a particular time of day for the reason that
he is unable to attend classes or to participate in any
examination, study or work requirements on a particular day or
days or at a particular time of day, because the tenets of his
religion forbid secular activity on a particular day or days or
at a particular time of day. Each school board shall prescribe
rules and regulations relative to absences for religious
holidays including, but not limited to, a list of religious
holidays on which it shall be mandatory to excuse a child; but
nothing in this paragraph 5 shall be construed to limit the
right of any school board, at its discretion, to excuse an
absence on any other day by reason of the observance of a
religious holiday. A school board may require the parent or
guardian of a child who is to be excused from attending school
due to the observance of a religious holiday to give notice,
not exceeding 5 days, of the child's absence to the school
principal or other school personnel. Any child excused from
attending school under this paragraph 5 shall not be required
to submit a written excuse for such absence after returning to
school; and .
    6. Any child 16 years of age or older who (i) submits to a
school district evidence of necessary and lawful employment
pursuant to paragraph 3 of this Section and (ii) is enrolled in
a graduation incentives program pursuant to Section 26-16 of
this Code or an alternative learning opportunities program
established pursuant to Article 13B of this Code.
(Source: P.A. 89-610, eff. 8-6-96.)
 
    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
    Sec. 26-2. Enrolled pupils below 7 or over 17 16. Any
person having custody or control of a child who is below the
age of 7 years or is 17 years of age or above the age of 16
years and who is enrolled in any of grades 1 through 12, in the
public school shall cause him to attend the public school in
the district wherein he resides when it is in session during
the regular school term, unless he is excused under paragraph
paragraphs 2, 3, 4, or 5, or 6 of Section 26-1.
    A school district shall deny reenrollment in its secondary
schools to any child 17 years of age or above the age of 16
years who has dropped out of school and who could not, because
of age and lack of credits, attend classes during the normal
school year and graduate before his or her twenty-first
birthday. A district may, however, enroll the child in a
graduation incentives program under Section 26-16 of this Code
or an alternative learning opportunities program established
under Article 13B. No child shall be denied reenrollment for
the above reasons unless the school district first offers the
child due process as required in cases of expulsion under
Section 10-22.6. If a child is denied reenrollment after being
provided with due process, the school district must provide
counseling to that child and must direct that child to
alternative educational programs, including adult education
programs, that lead to graduation or receipt of a GED diploma.
No child may be denied reenrollment in violation of the
Individuals with Disabilities Education Act or the Americans
with Disabilities Act.
(Source: P.A. 92-42, eff. 1-1-02.)
 
    (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: Laws 1961, p. 31.)
 
    (105 ILCS 5/26-8)  (from Ch. 122, par. 26-8)
    Sec. 26-8. Determination as to compliance - Complaint in
circuit court.) 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, All Truant officers 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 the notice has not been
complied with, and if the persons having custody or control
have knowingly and wilfully 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 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 truant officer shall thereupon make complaint against
such person 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. 85-1209.)
 
    (105 ILCS 5/26-14)  (from Ch. 122, par. 26-14)
    Sec. 26-14. Truancy programs for dropouts. Any dropout, as
defined in Section 26-2a, who is 17 whose age is 16 or greater,
but less than 18 years of age, may apply to a school district
for status as a truant, and the school district shall permit
such person to participate in the district's various programs
and resources for truants. At the time of the person's
application, the district may request documentation of his
dropout status for the previous 6 months.
(Source: P.A. 85-629.)
 
    (105 ILCS 5/26-16 new)
    Sec. 26-16. Graduation incentives program.
    (a) The General Assembly finds that it is critical to
provide options for children to succeed in school. The purpose
of this Section is to provide incentives for and encourage all
Illinois students who have experienced or are experiencing
difficulty in the traditional education system to enroll in
alternative programs.
    (b) Any student who is no more than 18 years of age is
eligible to enroll in a graduation incentives program if he or
she:
        (1) is considered a dropout pursuant to Section 26-2a
    of this Code;
        (2) has been suspended or expelled pursuant to Section
    10-22.6 or 34-19 of this Code;
        (3) is pregnant or is a parent;
        (4) has been assessed as chemically dependent; or
        (5) is enrolled in a bilingual education or LEP
    program.
    (c) The following programs qualify as graduation
incentives programs for students meeting the criteria
established in this Section:
        (1) Any public elementary or secondary education
    graduation incentives program established by a school
    district or by a regional office of education.
        (2) Any alternative learning opportunities program
    established pursuant to Article 13B of this Code.
        (3) Vocational or job training courses approved by the
    State Superintendent of Education that are available
    through the Illinois public community college system.
    Students may apply for reimbursement of 50% of tuition
    costs for one course per semester or a maximum of 3 courses
    per school year. Subject to available funds, students may
    apply for reimbursement of up to 100% of tuition costs upon
    a showing of employment within 6 months after completion of
    a vocational or job training program. The qualifications
    for reimbursement shall be established by the State
    Superintendent of Education by rule.
        (4) Job and career programs approved by the State
    Superintendent of Education that are available through
    Illinois-accredited private business and vocational
    schools. Subject to available funds, pupils may apply for
    reimbursement of up to 100% of tuition costs upon a showing
    of employment within 6 months after completion of a job or
    career program. The State Superintendent of Education
    shall establish, by rule, the qualifications for
    reimbursement, criteria for determining reimbursement
    amounts, and limits on reimbursement.
        (5) Adult education courses that offer preparation for
    the General Educational Development Test.
    (d) Graduation incentives programs established by school
districts are entitled to claim general State aid, subject to
Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code.
Graduation incentives programs operated by regional offices of
education are entitled to receive general State aid at the
foundation level of support per pupil enrolled. A school
district must ensure that its graduation incentives program
receives supplemental general State aid, transportation
reimbursements, and special education resources, if
appropriate, for students enrolled in the program.

Effective Date: 1/1/2005