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Public Act 100-0825


 

Public Act 0825 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0825
 
HB3784 EnrolledLRB100 09043 NHT 21775 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
26-2 and 26-12 as follows:
 
    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
    Sec. 26-2. Enrolled pupils not of compulsory school age.
    (a) For school years before the 2014-2015 school year, 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 high school equivalency
certificate.
    (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 federal 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. 98-544, eff. 7-1-14; 98-718, eff. 1-1-15.)
 
    (105 ILCS 5/26-12)  (from Ch. 122, par. 26-12)
    Sec. 26-12. Punitive action. No punitive action, including
out of school suspensions, expulsions, or court action, shall
be taken against truant minors chronic truants for such truancy
unless available supportive services and other school
resources have been provided to the student. Notwithstanding
the provisions of Section 10-22.6 of this Code, a truant minor
may not be expelled for nonattendance unless he or she has
accrued 15 consecutive days of absences without valid cause and
the student cannot be located by the school district or the
school district has located the student but cannot, after
exhausting all available support services, compel the student
to return to school.
(Source: P.A. 85-234.)
 
    Section 99. Effective date. This Act takes effect July 1,
2017.

Effective Date: 8/13/2018