Full Text of SB1307 98th General Assembly
SB1307 98TH GENERAL ASSEMBLY |
| | 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 |
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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, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing
Sections | 5 | | 10-22.18, 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 | 8 | | for the
instruction of children between the
ages of 4 and 6 | 9 | | years, if in their judgment the public interest requires
it, | 10 | | and to pay the necessary expenses thereof out of the school | 11 | | funds of
the district. Upon petition of at
least 50 parents or | 12 | | guardians of children
between the ages of 4 and 6, residing | 13 | | within any school district and within
one mile of the public | 14 | | school where such kindergarten is proposed to be
established, | 15 | | the board of directors shall, if funds are available,
establish | 16 | | a kindergarten in connection with the public school designated | 17 | | in
the petition and maintain it as long as the annual average | 18 | | daily attendance
therein is not less than 15. The board may | 19 | | establish a kindergarten with
half-day attendance or with | 20 | | full-day attendance. If the board establishes
full-day | 21 | | kindergarten, it shall also establish half-day kindergarten.
| 22 | | No one shall be employed to teach in a kindergarten who does | 23 | | not hold a
certificate as provided by law.
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| 1 | | Beginning with the 2013-2014 school year, each school | 2 | | district,
including a school district organized under Article | 3 | | 34 of this Code, must establish
kindergarten for the | 4 | | instruction 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 | 8 | | custody or control of any child (i) between the ages of 7 and | 9 | | 17
years (unless the child has already graduated from high | 10 | | school) for school years before the 2013-2014 school year or | 11 | | (ii) between the ages
of 5 and 17 years for school years after | 12 | | the 2012-2013 school year
shall cause such child to attend some | 13 | | public school in the district
wherein the child resides the | 14 | | entire time it is in session during the
regular school term, | 15 | | except as provided in Section 10-19.1, and during a
required | 16 | | summer school program established under Section 10-22.33B; | 17 | | provided,
that
the following children shall not be required to | 18 | | attend 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 | 12 | | below 7 or over 17 .
| 13 | | (a) For school years before the 2013-2014 school year, any | 14 | | Any person having custody or
control of a child who is below | 15 | | the age of 7 years or is 17 years of age or above
and who is | 16 | | enrolled in any of grades kindergarten through 12
in the public | 17 | | school shall
cause him to attend the public school in the | 18 | | district wherein he resides when
it is in session during the | 19 | | regular school term, unless he is excused under
paragraph 2, 3, | 20 | | 4, 5, or 6 of Section 26-1.
For school years after the | 21 | | 2012-2013 school year, any person having
custody or control of | 22 | | a child who is below the age of 5 years or above the
age of 17 | 23 | | years and who is enrolled in any of grades kindergarten
through | 24 | | 12 in the public school shall cause the child to attend the | 25 | | public
school in the district wherein he or she resides when it |
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| 1 | | is in session
during the regular school term unless the child | 2 | | is excused under
paragraphs 2, 3, 4, or 5 of Section 26-1 of | 3 | | this Code.
| 4 | | (b) A school district shall deny reenrollment in its | 5 | | secondary schools
to any
child 19 years of age or above who has | 6 | | dropped out of school
and who could
not, because of age and | 7 | | lack of credits, attend classes during the normal
school year | 8 | | and graduate before his or her twenty-first birthday.
A | 9 | | district may, however, enroll the child in a graduation | 10 | | incentives program under Section 26-16 of this Code or an | 11 | | alternative learning
opportunities program established
under | 12 | | Article 13B.
No
child shall be denied reenrollment for the | 13 | | above reasons
unless the school district first offers the child
| 14 | | due process as required in cases of expulsion under Section
| 15 | | 10-22.6. If a child is denied reenrollment after being provided | 16 | | with due
process, the school district must provide counseling | 17 | | to that child and
must direct that child to
alternative | 18 | | educational
programs, including adult education programs, that | 19 | | lead to graduation or
receipt of a GED diploma.
| 20 | | (c) A school or school district may deny enrollment to a | 21 | | student 17 years
of age
or older for one semester for failure | 22 | | to meet minimum academic standards if all
of the
following | 23 | | conditions 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 | 14 | | student 17 years of age
or
older for one semester for failure | 15 | | to meet minimum attendance standards if all
of the
following | 16 | | conditions 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 | 8 | | student (or
reenrollment
to a dropout) who is at least 17
years | 9 | | of age or older but below 19
years for more
than one | 10 | | consecutive semester for failure to meet academic or attendance
| 11 | | standards.
| 12 | | (d) No child may be denied enrollment or reenrollment under | 13 | | this
Section in violation
of the Individuals with Disabilities | 14 | | Education Act or the Americans with
Disabilities Act.
| 15 | | (e) In this subsection (e), "reenrolled student" means a | 16 | | dropout who has
reenrolled
full-time in a public school. Each | 17 | | school district shall identify, track, and
report on the
| 18 | | educational progress and outcomes of reenrolled students as a | 19 | | subset of the
district's
required reporting on all enrollments.
| 20 | | A reenrolled student who again drops out must not be counted | 21 | | again
against a district's dropout rate performance measure.
| 22 | | The State
Board of Education shall set performance standards | 23 | | for programs serving
reenrolled
students.
| 24 | | (f) The State Board of Education shall adopt any rules | 25 | | necessary to
implement the
changes to this Section made by | 26 | | Public 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, | 3 | | 2013. |
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