98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1307

 

Introduced 2/5/2013, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.18  from Ch. 122, par. 10-22.18
105 ILCS 5/26-1  from Ch. 122, par. 26-1
105 ILCS 5/26-2  from Ch. 122, par. 26-2

    Amends the School Code. Lowers the compulsory school age from 7 years to 5 years; makes a related change. Requires all school districts to establish kindergarten for the instruction of children who are 5 years of age or older. Effective July 1, 2013.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT regarding 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
510-22.18, 26-1, and 26-2 as follows:
 
6    (105 ILCS 5/10-22.18)  (from Ch. 122, par. 10-22.18)
7    Sec. 10-22.18. Kindergartens. To establish kindergartens
8for the instruction of children between the ages of 4 and 6
9years, if in their judgment the public interest requires it,
10and to pay the necessary expenses thereof out of the school
11funds of the district. Upon petition of at least 50 parents or
12guardians of children between the ages of 4 and 6, residing
13within any school district and within one mile of the public
14school where such kindergarten is proposed to be established,
15the board of directors shall, if funds are available, establish
16a kindergarten in connection with the public school designated
17in the petition and maintain it as long as the annual average
18daily attendance therein is not less than 15. The board may
19establish a kindergarten with half-day attendance or with
20full-day attendance. If the board establishes full-day
21kindergarten, it shall also establish half-day kindergarten.
22No one shall be employed to teach in a kindergarten who does
23not hold a certificate as provided by law.

 

 

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1    Beginning with the 2013-2014 school year, each school
2district, including a school district organized under Article
334 of this Code, must establish kindergarten for the
4instruction of children who are 5 years of age or older.
5(Source: P.A. 84-1308.)
 
6    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
7    Sec. 26-1. Compulsory school age-Exemptions. Whoever has
8custody or control of any child (i) between the ages of 7 and
917 years (unless the child has already graduated from high
10school) for school years before the 2013-2014 school year or
11(ii) between the ages of 5 and 17 years for school years after
12the 2012-2013 school year shall cause such child to attend some
13public school in the district wherein the child resides the
14entire time it is in session during the regular school term,
15except as provided in Section 10-19.1, and during a required
16summer school program established under Section 10-22.33B;
17provided, that the following children shall not be required to
18attend the public schools:
19        1. Any child attending a private or a parochial school
20    where children are taught the branches of education taught
21    to children of corresponding age and grade in the public
22    schools, and where the instruction of the child in the
23    branches of education is in the English language;
24        2. Any child who is physically or mentally unable to
25    attend school, such disability being certified to the

 

 

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1    county or district truant officer by a competent physician
2    licensed in Illinois to practice medicine and surgery in
3    all its branches, a chiropractic physician licensed under
4    the Medical Practice Act of 1987, an advanced practice
5    nurse who has a written collaborative agreement with a
6    collaborating physician that authorizes the advanced
7    practice nurse to perform health examinations, a physician
8    assistant who has been delegated the authority to perform
9    health examinations by his or her supervising physician, or
10    a Christian Science practitioner residing in this State and
11    listed in the Christian Science Journal; or who is excused
12    for temporary absence for cause by the principal or teacher
13    of the school which the child attends; the exemptions in
14    this paragraph (2) do not apply to any female who is
15    pregnant or the mother of one or more children, except
16    where a female is unable to attend school due to a
17    complication arising from her pregnancy and the existence
18    of such complication is certified to the county or district
19    truant officer by a competent physician;
20        3. Any child necessarily and lawfully employed
21    according to the provisions of the law regulating child
22    labor may be excused from attendance at school by the
23    county superintendent of schools or the superintendent of
24    the public school which the child should be attending, on
25    certification of the facts by and the recommendation of the
26    school board of the public school district in which the

 

 

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1    child resides. In districts having part time continuation
2    schools, children so excused shall attend such schools at
3    least 8 hours each week;
4        4. Any child over 12 and under 14 years of age while in
5    attendance at confirmation classes;
6        5. Any child absent from a public school on a
7    particular day or days or at a particular time of day for
8    the reason that he is unable to attend classes or to
9    participate in any examination, study or work requirements
10    on a particular day or days or at a particular time of day,
11    because the tenets of his religion forbid secular activity
12    on a particular day or days or at a particular time of day.
13    Each school board shall prescribe rules and regulations
14    relative to absences for religious holidays including, but
15    not limited to, a list of religious holidays on which it
16    shall be mandatory to excuse a child; but nothing in this
17    paragraph 5 shall be construed to limit the right of any
18    school board, at its discretion, to excuse an absence on
19    any other day by reason of the observance of a religious
20    holiday. A school board may require the parent or guardian
21    of a child who is to be excused from attending school due
22    to the observance of a religious holiday to give notice,
23    not exceeding 5 days, of the child's absence to the school
24    principal or other school personnel. Any child excused from
25    attending school under this paragraph 5 shall not be
26    required to submit a written excuse for such absence after

 

 

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1    returning to school; and
2        6. Any child 16 years of age or older who (i) submits
3    to a school district evidence of necessary and lawful
4    employment pursuant to paragraph 3 of this Section and (ii)
5    is enrolled in a graduation incentives program pursuant to
6    Section 26-16 of this Code or an alternative learning
7    opportunities program established pursuant to Article 13B
8    of this Code.
9(Source: P.A. 96-367, eff. 8-13-09.)
 
10    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
11    Sec. 26-2. Enrolled pupils not of compulsory school age
12below 7 or over 17.
13    (a) For school years before the 2013-2014 school year, any
14Any person having custody or control of a child who is below
15the age of 7 years or is 17 years of age or above and who is
16enrolled in any of grades kindergarten through 12 in the public
17school shall cause him to attend the public school in the
18district wherein he resides when it is in session during the
19regular school term, unless he is excused under paragraph 2, 3,
204, 5, or 6 of Section 26-1. For school years after the
212012-2013 school year, any person having custody or control of
22a child who is below the age of 5 years or above the age of 17
23years and who is enrolled in any of grades kindergarten through
2412 in the public school shall cause the child to attend the
25public school in the district wherein he or she resides when it

 

 

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1is in session during the regular school term unless the child
2is excused under paragraphs 2, 3, 4, or 5 of Section 26-1 of
3this Code.
4    (b) A school district shall deny reenrollment in its
5secondary schools to any child 19 years of age or above who has
6dropped out of school and who could not, because of age and
7lack of credits, attend classes during the normal school year
8and graduate before his or her twenty-first birthday. A
9district may, however, enroll the child in a graduation
10incentives program under Section 26-16 of this Code or an
11alternative learning opportunities program established under
12Article 13B. No child shall be denied reenrollment for the
13above reasons unless the school district first offers the child
14due process as required in cases of expulsion under Section
1510-22.6. If a child is denied reenrollment after being provided
16with due process, the school district must provide counseling
17to that child and must direct that child to alternative
18educational programs, including adult education programs, that
19lead to graduation or receipt of a GED diploma.
20    (c) A school or school district may deny enrollment to a
21student 17 years of age or older for one semester for failure
22to meet minimum academic standards if all of the following
23conditions are met:
24        (1) The student achieved a grade point average of less
25    than "D" (or its equivalent) in the semester immediately
26    prior to the current semester.

 

 

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1        (2) The student and the student's parent or guardian
2    are given written notice warning that the student is
3    failing academically and is subject to denial from
4    enrollment for one semester unless a "D" average (or its
5    equivalent) or better is attained in the current semester.
6        (3) The parent or guardian is provided with the right
7    to appeal the notice, as determined by the State Board of
8    Education in accordance with due process.
9        (4) The student is provided with an academic
10    improvement plan and academic remediation services.
11        (5) The student fails to achieve a "D" average (or its
12    equivalent) or better in the current semester.
13    A school or school district may deny enrollment to a
14student 17 years of age or older for one semester for failure
15to meet minimum attendance standards if all of the following
16conditions are met:
17        (1) The student was absent without valid cause for 20%
18    or more of the attendance days in the semester immediately
19    prior to the current semester.
20        (2) The student and the student's parent or guardian
21    are given written notice warning that the student is
22    subject to denial from enrollment for one semester unless
23    the student is absent without valid cause less than 20% of
24    the attendance days in the current semester.
25        (3) The student's parent or guardian is provided with
26    the right to appeal the notice, as determined by the State

 

 

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1    Board of Education in accordance with due process.
2        (4) The student is provided with attendance
3    remediation services, including without limitation
4    assessment, counseling, and support services.
5        (5) The student is absent without valid cause for 20%
6    or more of the attendance days in the current semester.
7    A school or school district may not deny enrollment to a
8student (or reenrollment to a dropout) who is at least 17 years
9of age or older but below 19 years for more than one
10consecutive semester for failure to meet academic or attendance
11standards.
12    (d) No child may be denied enrollment or reenrollment under
13this Section in violation of the Individuals with Disabilities
14Education Act or the Americans with Disabilities Act.
15    (e) In this subsection (e), "reenrolled student" means a
16dropout who has reenrolled full-time in a public school. Each
17school district shall identify, track, and report on the
18educational progress and outcomes of reenrolled students as a
19subset of the district's required reporting on all enrollments.
20A reenrolled student who again drops out must not be counted
21again against a district's dropout rate performance measure.
22The State Board of Education shall set performance standards
23for programs serving reenrolled students.
24    (f) The State Board of Education shall adopt any rules
25necessary to implement the changes to this Section made by
26Public Act 93-803.

 

 

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1(Source: P.A. 95-417, eff. 8-24-07.)
 
2    Section 99. Effective date. This Act takes effect July 1,
32013.