Illinois General Assembly - Full Text of HB3099
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Full Text of HB3099  102nd General Assembly

HB3099enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3099 EnrolledLRB102 14245 CMG 19597 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. Except for a school district organized under
9Article 34 of this Code, a A truant officer or, in a school
10district that does not have a truant officer, the regional
11superintendent of schools or his or her designee, after giving
12the notice provided in Section 26-7, shall determine whether
13the notice has been complied with. If 3 notices have been given
14and the notices have not been complied with, and if the persons
15having custody or control have knowingly and willfully
16wilfully permitted the truant behavior to continue, the
17regional superintendent of schools, or his or her designee, of
18the school district where the child resides shall conduct a
19truancy hearing. If the regional superintendent determines as
20a result of the hearing that the child is truant, the regional
21superintendent shall, if age appropriate at the discretion of
22the regional superintendent, require the student to complete
2320 to 40 hours of community service over a period of 90 days.

 

 

HB3099 Enrolled- 2 -LRB102 14245 CMG 19597 b

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

 

 

HB3099 Enrolled- 3 -LRB102 14245 CMG 19597 b

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

 

 

HB3099 Enrolled- 4 -LRB102 14245 CMG 19597 b

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

 

 

HB3099 Enrolled- 5 -LRB102 14245 CMG 19597 b

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

 

 

HB3099 Enrolled- 6 -LRB102 14245 CMG 19597 b

1State agency that receives a referral may enter into a data
2sharing agreement with the school district to share applicable
3student referral and case data. A State agency that receives a
4referral from the school district shall implement an intake
5process that may include a consent form that allows the agency
6to share information with the school district. the State's
7Attorney for prosecution under Section 3-33.5 of the Juvenile
8Court Act of 1987.
9    (f) Limitation on applicability. Nothing in this Section
10shall be construed to apply to a parent or guardian of a pupil
11not required to attend a public school pursuant to Section
1226-1.
13(Source: P.A. 94-1011, eff. 7-7-06.)
 
14    Section 10. The Juvenile Court Act of 1987 is amended by
15changing Section 3-33.5 as follows:
 
16    (705 ILCS 405/3-33.5)
17    Sec. 3-33.5. Truant minors in need of supervision.
18    (a) Definition. A minor who is reported by the office of
19the regional superintendent of schools, or, in cities of over
20500,000 inhabitants, by the Office of Chronic Truant
21Adjudication, as a chronic truant may be subject to a petition
22for adjudication and adjudged a truant minor in need of
23supervision, provided that prior to the filing of the
24petition, the office of the regional superintendent of

 

 

HB3099 Enrolled- 7 -LRB102 14245 CMG 19597 b

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

 

 

HB3099 Enrolled- 8 -LRB102 14245 CMG 19597 b

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

 

 

HB3099 Enrolled- 9 -LRB102 14245 CMG 19597 b

1500,000 inhabitants, by the Office of Chronic Truant
2Adjudication. The regional superintendent of schools, or, in
3cities of over 500,000 inhabitants, the Office of Chronic
4Truant Adjudication, must approve the establishment and
5organization of a community truancy review board, and the
6regional superintendent of schools or his or her designee, or,
7in cities of over 500,000 inhabitants, the general
8superintendent of schools or his or her designee, shall chair
9the board.
10    (a-5) Nothing in this Section shall be construed to create
11a private cause of action or right of recovery against a
12regional office of education or the Office of Chronic Truant
13Adjudication, its superintendent, or its staff with respect to
14truancy intervention services where the determination to
15provide the services is made in good faith.
16    (b) Kinds of dispositional orders. A minor found to be a
17truant minor in need of supervision may be:
18        (1) committed to the appropriate regional
19    superintendent of schools for a student assistance team
20    staffing, a service plan, or referral to a comprehensive
21    community based youth service agency;
22        (2) required to comply with a service plan as
23    specifically provided by the appropriate regional
24    superintendent of schools;
25        (3) ordered to obtain counseling or other supportive
26    services;

 

 

HB3099 Enrolled- 10 -LRB102 14245 CMG 19597 b

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