Sen. Linda Holmes

Filed: 5/26/2021





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2    AMENDMENT NO. ______. Amend House Bill 2778 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
510-19.05 as follows:
6    (105 ILCS 5/10-19.05)
7    Sec. 10-19.05. Daily pupil attendance calculation.
8    (a) Except as otherwise provided in this Section, for a
9pupil of legal school age and in kindergarten or any of grades
101 through 12, a day of attendance shall be counted only for
11sessions of not less than 5 clock hours of school work per day
12under direct supervision of (i) teachers or (ii) non-teaching
13personnel or volunteer personnel when engaging in non-teaching
14duties and supervising in those instances specified in
15subsection (a) of Section 10-22.34 and paragraph 10 of Section
1634-18. Days of attendance by pupils through verified



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1participation in an e-learning program adopted by a school
2board and verified by the regional office of education or
3intermediate service center for the school district under
4Section 10-20.56 of this Code shall be considered as full days
5of attendance under this Section.
6    (b) A pupil regularly enrolled in a public school for only
7a part of the school day may be counted on the basis of
8one-sixth of a school day for every class hour of instruction
9of 40 minutes or more attended pursuant to such enrollment,
10unless a pupil is enrolled in a block-schedule format of 80
11minutes or more of instruction, in which case the pupil may be
12counted on the basis of the proportion of minutes of school
13work completed each day to the minimum number of minutes that
14school work is required to be held that day.
15    (c) A session of 4 or more clock hours may be counted as a
16day of attendance upon certification by the regional
17superintendent of schools and approval by the State
18Superintendent of Education to the extent that the district
19has been forced to use daily multiple sessions.
20    (d) A session of 3 or more clock hours may be counted as a
21day of attendance (1) when the remainder of the school day or
22at least 2 hours in the evening of that day is utilized for an
23in-service training program for teachers, up to a maximum of
2410 days per school year, provided that a district conducts an
25in-service training program for teachers in accordance with
26Section 10-22.39 of this Code, or, in lieu of 4 such days, 2



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1full days may be used, in which event each such day may be
2counted as a day required for a legal school calendar pursuant
3to Section 10-19 of this Code; (2) when, of the 5 days allowed
4under item (1), a maximum of 4 days are used for parent-teacher
5conferences, or, in lieu of 4 such days, 2 full days are used,
6in which case each such day may be counted as a calendar day
7required under Section 10-19 of this Code, provided that the
8full-day, parent-teacher conference consists of (i) a minimum
9of 5 clock hours of parent-teacher conferences, (ii) both a
10minimum of 2 clock hours of parent-teacher conferences held in
11the evening following a full day of student attendance and a
12minimum of 3 clock hours of parent-teacher conferences held on
13the day immediately following evening parent-teacher
14conferences, or (iii) multiple parent-teacher conferences held
15in the evenings following full days of student attendance in
16which the time used for the parent-teacher conferences is
17equivalent to a minimum of 5 clock hours; and (3) when days in
18addition to those provided in items (1) and (2) are scheduled
19by a school pursuant to its school improvement plan adopted
20under Article 34 or its revised or amended school improvement
21plan adopted under Article 2, provided that (i) such sessions
22of 3 or more clock hours are scheduled to occur at regular
23intervals, (ii) the remainder of the school days in which such
24sessions occur are utilized for in-service training programs
25or other staff development activities for teachers, and (iii)
26a sufficient number of minutes of school work under the direct



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1supervision of teachers are added to the school days between
2such regularly scheduled sessions to accumulate not less than
3the number of minutes by which such sessions of 3 or more clock
4hours fall short of 5 clock hours. Instead of school
5improvement days with students in attendance a minimum of 3
6clock hours, a school district may opt to have a school
7improvement day without students in attendance for up to 4
8times in a given school year. Each such day may be counted as a
9day of attendance, provided that a sufficient number of clock
10hours have been accumulated beyond the 5 clock hours per day
11that students would have been in session. For any school
12improvement day utilized without students in attendance, a
13school district shall pay to its contractors who provide
14educational support services to the district, including, but
15not limited to, custodial, transportation, or food service
16providers, their daily, regular rate of pay or billings
17rendered, except that this requirement does not apply to
18contractors who are paid under contracts that are entered
19into, amended, or renewed on or after March 15, 2022. Days
20scheduled for in-service training programs, staff development
21activities, or parent-teacher conferences may be scheduled
22separately for different grade levels and different attendance
23centers of the district.
24    (e) A session of not less than one clock hour of teaching
25hospitalized or homebound pupils on-site or by telephone to
26the classroom may be counted as a half day of attendance;



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1however, these pupils must receive 4 or more clock hours of
2instruction to be counted for a full day of attendance.
3    (f) A session of at least 4 clock hours may be counted as a
4day of attendance for first grade pupils and pupils in
5full-day kindergartens, and a session of 2 or more hours may be
6counted as a half day of attendance by pupils in kindergartens
7that provide only half days of attendance.
8    (g) For children with disabilities who are below the age
9of 6 years and who cannot attend 2 or more clock hours because
10of their disability or immaturity, a session of not less than
11one clock hour may be counted as a half day of attendance;
12however, for such children whose educational needs require a
13session of 4 or more clock hours, a session of at least 4 clock
14hours may be counted as a full day of attendance.
15    (h) A recognized kindergarten that provides for only a
16half day of attendance by each pupil shall not have more than
17one half day of attendance counted in any one day. However,
18kindergartens may count 2 and a half days of attendance in any
195 consecutive school days. When a pupil attends such a
20kindergarten for 2 half days on any one school day, the pupil
21shall have the following day as a day absent from school,
22unless the school district obtains permission in writing from
23the State Superintendent of Education. Attendance at
24kindergartens that provide for a full day of attendance by
25each pupil shall be counted the same as attendance by first
26grade pupils. Only the first year of attendance in one



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1kindergarten shall be counted, except in the case of children
2who entered the kindergarten in their fifth year whose
3educational development requires a second year of kindergarten
4as determined under rules of the State Board of Education.
5    (i) On the days when the State's final accountability
6assessment is administered under subsection (c) of Section
72-3.64a-5 of this Code, the day of attendance for a pupil whose
8school day must be shortened to accommodate required testing
9procedures may be less than 5 clock hours and shall be counted
10toward the 176 days of actual pupil attendance required under
11Section 10-19 of this Code, provided that a sufficient number
12of minutes of school work in excess of 5 clock hours are first
13completed on other school days to compensate for the loss of
14school work on the examination days.
15    (j) Pupils enrolled in a remote educational program
16established under Section 10-29 of this Code may be counted on
17the basis of a one-fifth day of attendance for every clock hour
18of instruction attended in the remote educational program,
19provided that, in any month, the school district may not claim
20for a student enrolled in a remote educational program more
21days of attendance than the maximum number of days of
22attendance the district can claim (i) for students enrolled in
23a building holding year-round classes if the student is
24classified as participating in the remote educational program
25on a year-round schedule or (ii) for students enrolled in a
26building not holding year-round classes if the student is not



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1classified as participating in the remote educational program
2on a year-round schedule.
3    (j-5) The clock hour requirements of subsections (a)
4through (j) of this Section do not apply if the Governor has
5declared a disaster due to a public health emergency pursuant
6to Section 7 of the Illinois Emergency Management Agency Act.
7The State Superintendent of Education may establish minimum
8clock hour requirements under Sections 10-30 and 34-18.66 if
9the Governor has declared a disaster due to a public health
10emergency pursuant to Section 7 of the Illinois Emergency
11Management Agency Act.
12    (k) Pupil participation in any of the following activities
13shall be counted toward the calculation of clock hours of
14school work per day:
15        (1) Instruction in a college course in which a student
16    is dually enrolled for both high school credit and college
17    credit.
18        (2) Participation in a Supervised Career Development
19    Experience, as defined in Section 10 of the Postsecondary
20    and Workforce Readiness Act, in which student
21    participation and learning outcomes are supervised by an
22    educator licensed under Article 21B.
23        (3) Participation in a youth apprenticeship, as
24    jointly defined in rules of the State Board of Education
25    and Department of Commerce and Economic Opportunity, in
26    which student participation and outcomes are supervised by



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1    an educator licensed under Article 21B.
2        (4) Participation in a blended learning program
3    approved by the school district in which course content,
4    student evaluation, and instructional methods are
5    supervised by an educator licensed under Article 21B.
6(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".