102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2338

 

Introduced 2/26/2021, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/26-8  from Ch. 122, par. 26-8
105 ILCS 5/34-4.5
705 ILCS 405/3-33.5

    Amends the School Code and the Juvenile Court Act of 1987. Revises language to make certain actions permissible rather than mandatory with respect to truancy. Eliminates the requirement that the Chicago Board of Education establish an Office of Chronic Truant Adjudication. Instead, requires the chief executive officer or the chief executive officer's designee to implement a socio-emotional focused attendance approach that targets the underlying causes of chronic truancy. Makes changes concerning the Chicago school district's truancy intervention services for a pupil and the pupil's parent or guardian. Makes other changes, including changes concerning penalties.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2338LRB102 14260 CMG 19612 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
526-8 and 34-4.5 as follows:
 
6    (105 ILCS 5/26-8)  (from Ch. 122, par. 26-8)
7    Sec. 26-8. Determination as to compliance - Complaint in
8circuit court. A truant officer or, in a school district that
9does not have a truant officer, the regional superintendent of
10schools or his or her designee, after giving the notice
11provided in Section 26-7, may shall determine whether the
12notice has been complied with. If 3 notices have been given and
13the notices have not been complied with, and if the persons
14having custody or control have knowingly and willfully
15wilfully permitted the truant behavior to continue, the
16regional superintendent of schools, or his or her designee, of
17the school district where the child resides may shall conduct
18a truancy hearing. If the regional superintendent determines
19as a result of the hearing that the child is truant, the
20regional superintendent may shall, if age appropriate at the
21discretion of the regional superintendent, require the student
22to complete 20 to 40 hours of community service over a period
23of 90 days. If the truancy persists, the regional

 

 

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1superintendent may shall (i) make complaint against the
2persons having custody or control to the state's attorney or
3in the circuit court in the county where such person resides
4for failure to comply with the provisions of this Article or
5(ii) conduct truancy mediation and encourage the student to
6enroll in a graduation incentives program under Section 26-16
7of this Code. If, however, after giving the notice provided in
8Section 26-7 the truant behavior has continued, and the child
9is beyond the control of the parents, guardians or custodians,
10a truancy petition may shall be filed under the provisions of
11Article III of the Juvenile Court Act of 1987.
12(Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
 
13    (105 ILCS 5/34-4.5)
14    Sec. 34-4.5. Chronic truants.
15    (a) Socio-emotional focused attendance intervention Office
16of Chronic Truant Adjudication. The chief executive officer or
17the chief executive officer's designee board shall implement a
18socio-emotional focused attendance approach that targets the
19underlying causes of chronic truancy. For each pupil
20identified as a chronic truant, as defined in Section 26-2a of
21this Code, the board may establish an individualized student
22attendance plan to identify and resolve the underlying cause
23of the pupil's chronic truancy. establish and implement an
24Office of Chronic Truant Adjudication, which shall be
25responsible for administratively adjudicating cases of chronic

 

 

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1truancy and imposing appropriate sanctions. The board shall
2appoint or employ hearing officers to perform the adjudicatory
3functions of that Office. Principals and other appropriate
4personnel may refer pupils suspected of being chronic truants,
5as defined in Section 26-2a of this Code, to the Office of
6Chronic Truant Adjudication.
7    (b) Notices. Prior to the implementation of any truancy
8intervention services pursuant to subsection (d) of this
9Section Before any hearing may be held under subsection (c),
10the principal of the school attended by the pupil or the
11principal's designee shall notify the pupil's parent or
12guardian by personal visit, letter, or telephone of each
13unexcused absence of the pupil. After giving the parent or
14guardian notice of the tenth unexcused absence of the pupil,
15the principal or the principal's designee shall send the
16pupil's parent or guardian a letter, by certified mail, return
17receipt requested, notifying the parent or guardian that he or
18she is subjecting himself or herself to truancy intervention
19services a hearing procedure as provided under subsection (d)
20(c) and clearly describing any and all possible penalties that
21may be imposed as provided for in subsections (d) and (e) of
22this Section.
23    (c) (Blank). Hearing. Once a pupil has been referred to
24the Office of Chronic Truant Adjudication, a hearing shall be
25scheduled before an appointed hearing officer, and the pupil
26and the pupil's parents or guardian shall be notified by

 

 

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1certified mail, return receipt requested stating the time,
2place, and purpose of the hearing. The hearing officer shall
3hold a hearing and render a written decision within 14 days
4determining whether the pupil is a chronic truant as defined
5in Section 26-2a of this Code and whether the parent or
6guardian took reasonable steps to assure the pupil's
7attendance at school. The hearing shall be private unless a
8public hearing is requested by the pupil's parent or guardian,
9and the pupil may be present at the hearing with a
10representative in addition to the pupil's parent or guardian.
11The board shall present evidence of the pupil's truancy, and
12the pupil and the parent or guardian or representative of the
13pupil may cross examine witnesses, present witnesses and
14evidence, and present defenses to the charges. All testimony
15at the hearing shall be taken under oath administered by the
16hearing officer. The decision of the hearing officer shall
17constitute an "administrative decision" for purposes of
18judicial review under the Administrative Review Law.
19    (d) Truancy intervention services Penalties. The chief
20executive officer or the chief executive officer's designee
21hearing officer may require the pupil or the pupil's parent or
22guardian or both the pupil and the pupil's parent or guardian
23to do any or all of the following: perform reasonable school or
24community services for a period not to exceed 30 days;
25complete a parenting education program; obtain counseling or
26other supportive services; and comply with an individualized

 

 

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1educational plan or service plan as provided by appropriate
2school officials. If the parent or guardian of the chronic
3truant shows that he or she took reasonable steps to ensure
4insure attendance of the pupil at school, he or she shall not
5be required to perform services.
6    (e) Non-compliance with services sanctions.
7Notwithstanding any other provision of law to the contrary, if
8If a pupil determined by the chief executive officer or the
9chief executive officer's designee a hearing officer to be a
10chronic truant or the parent or guardian of the pupil fails to
11fully participate in the services offered comply with the
12sanctions ordered by the hearing officer under subsection (d)
13(c) of this Section, the chief executive officer or the chief
14executive officer's designee Office of Chronic Truant
15Adjudication may refer the matter to the Department of Human
16Services, the Department of Healthcare and Family Services, or
17any other applicable organization or State agency for
18socio-emotional based intervention and prevention services.
19Additionally, if the circumstances regarding a pupil
20identified as a chronic truant reasonably indicate that the
21pupil may be subject to abuse or neglect, apart from truancy,
22the chief executive officer or the chief executive officer's
23designee must report any findings that support suspected abuse
24or neglect to the Department of Children and Family Services
25pursuant to the Abused and Neglected Child Reporting Act. A
26State agency that receives a referral may enter into a data

 

 

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1sharing agreement with the school district to share applicable
2student referral and case data. A State agency that receives a
3referral from the school district shall implement an intake
4process that may include a consent form that allows the agency
5to share information with the school district. the State's
6Attorney for prosecution under Section 3-33.5 of the Juvenile
7Court Act of 1987.
8    (f) Limitation on applicability. Nothing in this Section
9shall be construed to apply to a parent or guardian of a pupil
10not required to attend a public school pursuant to Section
1126-1.
12(Source: P.A. 94-1011, eff. 7-7-06.)
 
13    Section 10. The Juvenile Court Act of 1987 is amended by
14changing Section 3-33.5 as follows:
 
15    (705 ILCS 405/3-33.5)
16    Sec. 3-33.5. Truant minors in need of supervision.
17    (a) Definition. A minor who is reported by the office of
18the regional superintendent of schools, or, in cities of over
19500,000 inhabitants, by the Office of Chronic Truant
20Adjudication, as a chronic truant may be subject to a petition
21for adjudication and adjudged a truant minor in need of
22supervision, provided that prior to the filing of the
23petition, the office of the regional superintendent of
24schools, the Office of Chronic Truant Adjudication, or a

 

 

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1community truancy review board certifies that the local school
2has provided appropriate truancy intervention services to the
3truant minor and his or her family. For purposes of this
4Section, "truancy intervention services" means services
5designed to assist the minor's return to an educational
6program, and includes but is not limited to: assessments,
7counseling, mental health services, shelter, optional and
8alternative education programs, tutoring, and educational
9advocacy. If, after review by the regional office of
10education, the Office of Chronic Truant Adjudication, or
11community truancy review board, it is determined the local
12school did not provide the appropriate interventions, then the
13minor shall be referred to a comprehensive community based
14youth service agency for truancy intervention services. If the
15comprehensive community based youth service agency is
16incapable to provide intervention services, then this
17requirement for services is not applicable. The comprehensive
18community based youth service agency shall submit reports to
19the office of the regional superintendent of schools, the
20Office of Chronic Truant Adjudication, or truancy review board
21within 20, 40, and 80 school days of the initial referral or at
22any other time requested by the office of the regional
23superintendent of schools, the Office of Chronic Truant
24Adjudication, or truancy review board, which reports each
25shall certify the date of the minor's referral and the extent
26of the minor's progress and participation in truancy

 

 

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1intervention services provided by the comprehensive community
2based youth service agency. In addition, if, after referral by
3the office of the regional superintendent of schools, the
4Office of Chronic Truant Adjudication, or community truancy
5review board, the minor declines or refuses to fully
6participate in truancy intervention services provided by the
7comprehensive community based youth service agency, then the
8agency shall immediately certify such facts to the office of
9the regional superintendent of schools, the Office of Chronic
10Truant Adjudication, or community truancy review board.
11    (a-1) There is a rebuttable presumption that a chronic
12truant is a truant minor in need of supervision.
13    (a-2) There is a rebuttable presumption that school
14records of a minor's attendance at school are authentic.
15    (a-3) For purposes of this Section, "chronic truant" has
16the meaning ascribed to it in Section 26-2a of the School Code.
17    (a-4) For purposes of this Section, a "community truancy
18review board" is a local community based board comprised of
19but not limited to: representatives from local comprehensive
20community based youth service agencies, representatives from
21court service agencies, representatives from local schools,
22representatives from health service agencies, and
23representatives from local professional and community
24organizations as deemed appropriate by the office of the
25regional superintendent of schools, or, in cities of over
26500,000 inhabitants, by the Office of Chronic Truant

 

 

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1Adjudication. The regional superintendent of schools, or, in
2cities of over 500,000 inhabitants, the Office of Chronic
3Truant Adjudication, must approve the establishment and
4organization of a community truancy review board, and the
5regional superintendent of schools or his or her designee, or,
6in cities of over 500,000 inhabitants, the general
7superintendent of schools or his or her designee, shall chair
8the board.
9    (a-5) Nothing in this Section shall be construed to create
10a private cause of action or right of recovery against a
11regional office of education or the Office of Chronic Truant
12Adjudication, its superintendent, or its staff with respect to
13truancy intervention services where the determination to
14provide the services is made in good faith.
15    (b) Kinds of dispositional orders. A minor found to be a
16truant minor in need of supervision may be:
17        (1) committed to the appropriate regional
18    superintendent of schools for a student assistance team
19    staffing, a service plan, or referral to a comprehensive
20    community based youth service agency;
21        (2) required to comply with a service plan as
22    specifically provided by the appropriate regional
23    superintendent of schools;
24        (3) ordered to obtain counseling or other supportive
25    services;
26        (4) (blank); subject to a fine in an amount in excess

 

 

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1    of $5, but not exceeding $100, and each day of absence
2    without valid cause as defined in Section 26-2a of The
3    School Code is a separate offense;
4        (5) required to perform some reasonable public service
5    work such as, but not limited to, the picking up of litter
6    in public parks or along public highways or the
7    maintenance of public facilities; or
8        (6) (blank). subject to having his or her driver's
9    license or driving privilege suspended for a period of
10    time as determined by the court but only until he or she
11    attains 18 years of age.
12    A dispositional order may include a fine, public service,
13or suspension of a driver's license or privilege only if the
14court has made an express written finding that a truancy
15prevention program has been offered by the school, regional
16superintendent of schools, or a comprehensive community based
17youth service agency to the truant minor in need of
18supervision.
19    (c) Orders entered under this Section may be enforced by
20contempt proceedings.
21(Source: P.A. 97-975, eff. 8-17-12.)