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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
526-1 and 26-2 as follows:
 
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 2014-2015 school year or
11(ii) between the ages of 6 (on or before September 1) and 17
12years (unless the child has already graduated from high school)
13beginning with the 2014-2015 school year shall cause such child
14to attend some public school in the district wherein the child
15resides the entire time it is in session during the regular
16school term, except as provided in Section 10-19.1, and during
17a required summer school program established under Section
1810-22.33B; provided, that the following children shall not be
19required to attend the public schools:
20        1. Any child attending a private or a parochial school
21    where children are taught the branches of education taught
22    to children of corresponding age and grade in the public
23    schools, and where the instruction of the child in the

 

 

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

 

 

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

 

 

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1    principal or other school personnel. Any child excused from
2    attending school under this paragraph 5 shall not be
3    required to submit a written excuse for such absence after
4    returning to school; and
5        6. Any child 16 years of age or older who (i) submits
6    to a school district evidence of necessary and lawful
7    employment pursuant to paragraph 3 of this Section and (ii)
8    is enrolled in a graduation incentives program pursuant to
9    Section 26-16 of this Code or an alternative learning
10    opportunities program established pursuant to Article 13B
11    of this Code.
12(Source: P.A. 96-367, eff. 8-13-09.)
 
13    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
14    Sec. 26-2. Enrolled pupils not of compulsory school age
15below 7 or over 17.
16    (a) For school years before the 2014-2015 school year, any
17Any person having custody or control of a child who is below
18the age of 7 years or is 17 years of age or above and who is
19enrolled in any of grades kindergarten through 12 in the public
20school shall cause him to attend the public school in the
21district wherein he resides when it is in session during the
22regular school term, unless he is excused under paragraph 2, 3,
234, 5, or 6 of Section 26-1. Beginning with the 2014-2015 school
24year, any person having custody or control of a child who is
25below the age of 6 years or is 17 years of age or above and who

 

 

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1is enrolled in any of grades kindergarten through 12 in the
2public school shall cause the child to attend the public school
3in the district wherein he or she resides when it is in session
4during the regular school term, unless the child is excused
5under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
6    (b) A school district shall deny reenrollment in its
7secondary schools to any child 19 years of age or above who has
8dropped out of school and who could not, because of age and
9lack of credits, attend classes during the normal school year
10and graduate before his or her twenty-first birthday. A
11district may, however, enroll the child in a graduation
12incentives program under Section 26-16 of this Code or an
13alternative learning opportunities program established under
14Article 13B. No child shall be denied reenrollment for the
15above reasons unless the school district first offers the child
16due process as required in cases of expulsion under Section
1710-22.6. If a child is denied reenrollment after being provided
18with due process, the school district must provide counseling
19to that child and must direct that child to alternative
20educational programs, including adult education programs, that
21lead to graduation or receipt of a GED diploma.
22    (c) A school or school district may deny enrollment to a
23student 17 years of age or older for one semester for failure
24to meet minimum academic standards if all of the following
25conditions are met:
26        (1) The student achieved a grade point average of less

 

 

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

 

 

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

 

 

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1necessary to implement the changes to this Section made by
2Public Act 93-803.
3(Source: P.A. 95-417, eff. 8-24-07.)
 
4    Section 99. Effective date. This Act takes effect July 1,
52014.