Public Act 098-0544
 
SB1307 EnrolledLRB098 07342 NHT 37405 b

    AN ACT regarding 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 and 26-2 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 (i) between the ages of 7 and
17 years (unless the child has already graduated from high
school) for school years before the 2014-2015 school year or
(ii) between the ages of 6 (on or before September 1) and 17
years (unless the child has already graduated from high school)
beginning with the 2014-2015 school year 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
    licensed in Illinois to practice medicine and surgery in
    all its branches, a chiropractic physician licensed under
    the Medical Practice Act of 1987, an advanced practice
    nurse who has a written collaborative agreement with a
    collaborating physician that authorizes the advanced
    practice nurse to perform health examinations, a physician
    assistant who has been delegated the authority to perform
    health examinations by his or her supervising 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. 96-367, eff. 8-13-09.)
 
    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
    Sec. 26-2. Enrolled pupils not of compulsory school age
below 7 or over 17.
    (a) For school years before the 2014-2015 school year, any
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 and who is
enrolled in any of grades kindergarten 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 2, 3,
4, 5, or 6 of Section 26-1. Beginning with the 2014-2015 school
year, any person having custody or control of a child who is
below the age of 6 years or is 17 years of age or above and who
is enrolled in any of grades kindergarten through 12 in the
public school shall cause the child to attend the public school
in the district wherein he or she resides when it is in session
during the regular school term, unless the child is excused
under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
    (b) A school district shall deny reenrollment in its
secondary schools to any child 19 years of age or above 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.
    (c) A school or school district may deny enrollment to a
student 17 years of age or older for one semester for failure
to meet minimum academic standards if all of the following
conditions are met:
        (1) The student achieved a grade point average of less
    than "D" (or its equivalent) in the semester immediately
    prior to the current semester.
        (2) The student and the student's parent or guardian
    are given written notice warning that the student is
    failing academically and is subject to denial from
    enrollment for one semester unless a "D" average (or its
    equivalent) or better is attained in the current semester.
        (3) The parent or guardian is provided with the right
    to appeal the notice, as determined by the State Board of
    Education in accordance with due process.
        (4) The student is provided with an academic
    improvement plan and academic remediation services.
        (5) The student fails to achieve a "D" average (or its
    equivalent) or better in the current semester.
    A school or school district may deny enrollment to a
student 17 years of age or older for one semester for failure
to meet minimum attendance standards if all of the following
conditions are met:
        (1) The student was absent without valid cause for 20%
    or more of the attendance days in the semester immediately
    prior to the current semester.
        (2) The student and the student's parent or guardian
    are given written notice warning that the student is
    subject to denial from enrollment for one semester unless
    the student is absent without valid cause less than 20% of
    the attendance days in the current semester.
        (3) The student's parent or guardian is provided with
    the right to appeal the notice, as determined by the State
    Board of Education in accordance with due process.
        (4) The student is provided with attendance
    remediation services, including without limitation
    assessment, counseling, and support services.
        (5) The student is absent without valid cause for 20%
    or more of the attendance days in the current semester.
    A school or school district may not deny enrollment to a
student (or reenrollment to a dropout) who is at least 17 years
of age or older but below 19 years for more than one
consecutive semester for failure to meet academic or attendance
standards.
    (d) No child may be denied enrollment or reenrollment under
this Section in violation of the Individuals with Disabilities
Education Act or the Americans with Disabilities Act.
    (e) In this subsection (e), "reenrolled student" means a
dropout who has reenrolled full-time in a public school. Each
school district shall identify, track, and report on the
educational progress and outcomes of reenrolled students as a
subset of the district's required reporting on all enrollments.
A reenrolled student who again drops out must not be counted
again against a district's dropout rate performance measure.
The State Board of Education shall set performance standards
for programs serving reenrolled students.
    (f) The State Board of Education shall adopt any rules
necessary to implement the changes to this Section made by
Public Act 93-803.
(Source: P.A. 95-417, eff. 8-24-07.)
 
    Section 99. Effective date. This Act takes effect July 1,
2014.

Effective Date: 7/1/2014