Full Text of SB0409 94th General Assembly
SB0409ham001 94TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 5/31/2005
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| AMENDMENT TO SENATE BILL 409
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| AMENDMENT NO. ______. Amend Senate Bill 409 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing
Sections | 5 |
| 26-1 and 26-2 and by changing and renumbering Section 34-18.26 | 6 |
| as follows:
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| (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
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| Sec. 26-1. Compulsory school age-Exemptions. Whoever has | 9 |
| custody or control of any child (i) between the ages of 7 and | 10 |
| 17
years (unless the child has already graduated from high | 11 |
| school) if the child resides within a school district other | 12 |
| than a school district organized under Article 34 of this Code | 13 |
| or (ii) between the ages of 7 and 17
years (unless the child | 14 |
| has already graduated from high school) for school years before | 15 |
| the 2006-2007 school year or between the ages
of 5 and 17 years | 16 |
| (unless the child has already graduated from high school) for | 17 |
| school years after the 2005-2006 school year if the child | 18 |
| resides within a school district organized under Article 34 of | 19 |
| this Code shall cause such child to attend some public school | 20 |
| in the district
wherein the child resides the entire time it is | 21 |
| in session during the
regular school term, except as provided | 22 |
| in Section 10-19.1, and during a
required summer school program | 23 |
| established under Section 10-22.33B; provided,
that
the | 24 |
| following children shall not be required to attend the public |
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| schools:
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| 1. Any child attending a private or a parochial school | 3 |
| where children
are taught the branches of education taught to | 4 |
| children of corresponding
age and grade in the public schools, | 5 |
| and where the instruction of the child
in the branches of | 6 |
| education is in the English language;
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| 2. Any child who is physically or mentally unable to attend | 8 |
| school, such
disability being certified to the county or | 9 |
| district truant officer by a
competent physician or a Christian | 10 |
| Science practitioner residing in this
State and listed in the | 11 |
| Christian Science Journal; or who is excused for
temporary | 12 |
| absence for cause by
the principal or teacher of the school | 13 |
| which the child attends; the exemptions
in this paragraph (2) | 14 |
| do not apply to any female who is pregnant or the
mother of one | 15 |
| or more children, except where a female is unable to attend
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| school due to a complication arising from her pregnancy and the | 17 |
| existence
of such complication is certified to the county or | 18 |
| district truant officer
by a competent physician;
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| 3. Any child necessarily and lawfully employed according to | 20 |
| the
provisions of the law regulating child labor may be excused | 21 |
| from attendance
at school by the county superintendent of | 22 |
| schools or the superintendent of
the public school which the | 23 |
| child should be attending, on certification of
the facts by and | 24 |
| the recommendation of the school board of the public
school | 25 |
| district in which the child resides. In districts having part | 26 |
| time
continuation schools, children so excused shall attend | 27 |
| such schools at
least 8 hours each week;
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| 4. Any child over 12 and under 14 years of age while in | 29 |
| attendance at
confirmation classes;
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| 5. Any child absent from a public school on a particular | 31 |
| day or days
or at a particular time of day for the reason that | 32 |
| he is unable to attend
classes or to participate in any | 33 |
| examination, study or work requirements on
a particular day or | 34 |
| days or at a particular time of day, because the tenets
of his |
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| religion forbid secular activity on a particular day or days or | 2 |
| at a
particular time of day. Each school board shall prescribe | 3 |
| rules and
regulations relative to absences for religious | 4 |
| holidays including, but not
limited to, a list of religious | 5 |
| holidays on which it shall be mandatory to
excuse a child; but | 6 |
| nothing in this paragraph 5 shall be construed to limit
the | 7 |
| right of any school board, at its discretion, to excuse an | 8 |
| absence on
any other day by reason of the observance of a | 9 |
| religious holiday. A school
board may require the parent or | 10 |
| guardian of a child who is to be excused
from attending school | 11 |
| due to the observance of a religious holiday to give
notice, | 12 |
| not exceeding 5 days, of the child's absence to the school
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| principal or other school personnel. Any child excused from | 14 |
| attending
school under this paragraph 5 shall not be required | 15 |
| to submit a written
excuse for such absence after returning to | 16 |
| school; and | 17 |
| 6. Any child 16 years of age or older who (i) submits to a | 18 |
| school district evidence of necessary and lawful employment | 19 |
| pursuant to paragraph 3 of this Section and (ii) is enrolled in | 20 |
| a graduation incentives program pursuant to Section 26-16 of | 21 |
| this Code or an alternative learning opportunities program | 22 |
| established pursuant to Article 13B of this Code ; .
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| 7. For children who reside within a school district | 24 |
| organized under Article 34 of this Code, any child attending a | 25 |
| non-profit or for-profit child care center that provides | 26 |
| kindergarten where children
are taught the branches of | 27 |
| education taught to children of corresponding
age and grade in | 28 |
| the public schools and where the instruction of the child
in | 29 |
| the branches of education is in the English language; and
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| 8. For children who reside within a school district | 31 |
| organized under Article 34 of this Code, beginning with the | 32 |
| 2006-2007 school year, any child who has not reached the age of | 33 |
| 7 years by September 1 and whose parent or guardian notifies | 34 |
| the school district or the school at which the child would be |
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| enrolled that he or she does not wish the child to attend | 2 |
| school until the following school year because the child, in | 3 |
| the opinion of the parent or guardian, is not mentally, | 4 |
| physically, or emotionally prepared to attend school. In such | 5 |
| cases, the child's attendance may be delayed for one school | 6 |
| year.
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| (Source: P.A. 93-858, eff. 1-1-05.)
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| (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | 9 |
| Sec. 26-2. Enrolled pupils not of compulsory school age
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| below 7 or over 17 .
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| (a)
Any person having custody or
control of a child who (i)
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| is below the age of 7 years or is 17 years of age or above
and | 13 |
| who is enrolled in any of grades 1 through 12
in the public | 14 |
| school of a school district other than a school district | 15 |
| organized under Article 34 of this Code, (ii) for school years | 16 |
| before the 2006-2007 school year, is below the age of 7 years | 17 |
| or is 17 years of age or above
and who is enrolled in any of | 18 |
| grades 1 through 12
in the public school of a school district | 19 |
| organized under Article 34 of this Code, or (iii) for school | 20 |
| years after the 2005-2006 school year, is below the age of 5 | 21 |
| years or is 17 years of age or above and who is enrolled in any | 22 |
| of grades kindergarten
through 12 in the public school of a | 23 |
| school district organized under Article 34 of this Code shall
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| cause him to attend the public school in the district wherein | 25 |
| he resides when
it is in session during the regular school | 26 |
| term, unless he is excused under
paragraph 2, 3, 4, 5, or 6 , 7, | 27 |
| or 8 of Section 26-1 of this Code .
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| (b) A school district shall deny reenrollment in its | 29 |
| secondary schools
to any
child 19 years of age or above who has | 30 |
| dropped out of school
and who could
not, because of age and | 31 |
| lack of credits, attend classes during the normal
school year | 32 |
| and graduate before his or her twenty-first birthday.
A | 33 |
| district may, however, enroll the child in a graduation |
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| incentives program under Section 26-16 of this Code or an | 2 |
| alternative learning
opportunities program established
under | 3 |
| Article 13B.
No
child shall be denied reenrollment for the | 4 |
| above reasons
unless the school district first offers the child
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| due process as required in cases of expulsion under Section
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| 10-22.6. If a child is denied reenrollment after being provided | 7 |
| with due
process, the school district must provide counseling | 8 |
| to that child and
must direct that child to
alternative | 9 |
| educational
programs, including adult education programs, that | 10 |
| lead to graduation or
receipt of a GED diploma.
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| (c) A school or school district may deny enrollment to a | 12 |
| student 17 years
of age
or older for one semester for failure | 13 |
| to meet minimum academic standards if all
of the
following | 14 |
| conditions are met:
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| (1) The student achieved a grade point average of less | 16 |
| than "D" (or its
equivalent)
in the semester immediately | 17 |
| prior to the current semester.
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| (2) The student and the student's parent or guardian | 19 |
| are given written
notice
warning that the student is | 20 |
| failing academically and is subject to denial from
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| enrollment for one semester unless a "D" average (or its | 22 |
| equivalent) or better
is attained in the
current
semester.
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| (3) The parent or guardian is provided with the right | 24 |
| to appeal the
notice, as
determined by the State Board of | 25 |
| Education in accordance with due process.
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| (4) The student is provided with an academic | 27 |
| improvement plan and academic
remediation services.
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| (5) The student fails to achieve a "D" average (or its | 29 |
| equivalent) or
better in the current
semester.
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| A school or school district may deny enrollment to a | 31 |
| student 17 years of age
or
older for one semester for failure | 32 |
| to meet minimum attendance standards if all
of the
following | 33 |
| conditions are met:
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| (1) The student was absent without valid cause for 20% |
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| or more of the
attendance
days in the semester immediately | 2 |
| prior to the current semester.
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| (2) The student and the student's parent or guardian | 4 |
| are given written
notice
warning that the student is | 5 |
| subject to denial from enrollment for one
semester
unless | 6 |
| the student is absent without valid cause less than 20% of | 7 |
| the
attendance days
in the current semester.
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| (3) The student's parent or guardian is provided with | 9 |
| the right to appeal
the
notice, as determined by the State | 10 |
| Board of Education in accordance with due
process.
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| (4) The student is provided with attendance | 12 |
| remediation services,
including
without limitation | 13 |
| assessment, counseling, and support services.
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| (5) The student is absent without valid cause for 20% | 15 |
| or more of the
attendance
days in the current semester.
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| A school or school district may not deny enrollment to a | 17 |
| student (or
reenrollment
to a dropout) who is at least 17
years | 18 |
| of age or older but below 19
years for more
than one | 19 |
| consecutive semester for failure to meet academic or attendance
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| standards.
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| (d) No child may be denied enrollment or reenrollment under | 22 |
| this
Section in violation
of the Individuals with Disabilities | 23 |
| Education Act or the Americans with
Disabilities Act.
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| (e) In this subsection (e), "reenrolled student" means a | 25 |
| dropout who has
reenrolled
full-time in a public school. Each | 26 |
| school district shall identify, track, and
report on the
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| educational progress and outcomes of reenrolled students as a | 28 |
| subset of the
district's
required reporting on all enrollments.
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| A reenrolled student who again drops out must not be counted | 30 |
| again
against a district's dropout rate performance measure.
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| The State
Board of Education shall set performance standards | 32 |
| for programs serving
reenrolled
students.
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| (f) The State Board of Education shall adopt any rules | 34 |
| necessary to
implement the
changes to this Section made by |
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| Public Act 93-803.
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| (Source: P.A. 92-42, eff. 1-1-02; 93-803, eff. 7-23-04; 93-858, | 3 |
| eff. 1-1-05; 93-1079, eff. 1-21-05.)
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| (105 ILCS 5/34-18.27)
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| Sec. 34-18.27
34-18.26 . Kindergarten
Summer kindergarten .
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| (a) Beginning with the 2006-2007 school year, the board | 7 |
| must establish
kindergarten for the instruction of children who | 8 |
| are 5 years of age or
older. | 9 |
| (b) The board may
establish, maintain, and operate, in | 10 |
| connection with the kindergarten
program of the school | 11 |
| district, a summer kindergarten program that
begins 2 months | 12 |
| before the beginning of the regular school year and a
summer | 13 |
| kindergarten program for grade one readiness for those pupils
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| making unsatisfactory progress during the regular kindergarten | 15 |
| session
that will continue for 2 months after the regular | 16 |
| school year. The
summer kindergarten program may be held within | 17 |
| the school district or,
pursuant to a contract that must be | 18 |
| approved by the State Board of
Education,
may be operated by 2 | 19 |
| or more adjacent school districts or by a
public or private | 20 |
| university or college. Transportation for students attending
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| the summer
kindergarten program shall be the responsibility of | 22 |
| the school district.
The expense of establishing, maintaining, | 23 |
| and operating the summer
kindergarten program may be paid from | 24 |
| funds contributed or otherwise
made available to the school | 25 |
| district for that purpose by federal or
State appropriation.
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| (Source: P.A. 93-472, eff. 8-8-03; revised 9-24-03.)".
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