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

HB3099ham001 102ND GENERAL ASSEMBLY

Rep. Sonya M. Harper

Filed: 4/20/2021

 

 


 

 


 
10200HB3099ham001LRB102 14245 CMG 24965 a

1
AMENDMENT TO HOUSE BILL 3099

2    AMENDMENT NO. ______. Amend House Bill 3099 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 26-8 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

 

 

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1regional superintendent of schools, or his or her designee, of
2the school district where the child resides shall conduct a
3truancy hearing. If the regional superintendent determines as
4a result of the hearing that the child is truant, the regional
5superintendent shall, if age appropriate at the discretion of
6the regional superintendent, require the student to complete
720 to 40 hours of community service over a period of 90 days.
8If the truancy persists, the regional superintendent shall (i)
9make complaint against the persons having custody or control
10to the state's attorney or in the circuit court in the county
11where such person resides for failure to comply with the
12provisions of this Article or (ii) conduct truancy mediation
13and encourage the student to enroll in a graduation incentives
14program under Section 26-16 of this Code. If, however, after
15giving the notice provided in Section 26-7 the truant behavior
16has continued, and the child is beyond the control of the
17parents, guardians or custodians, a truancy petition shall be
18filed under the provisions of Article III of the Juvenile
19Court Act of 1987.
20(Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
 
21    (105 ILCS 5/34-4.5)
22    Sec. 34-4.5. Chronic truants.
23    (a) Socio-emotional focused attendance intervention Office
24of Chronic Truant Adjudication. The chief executive officer or
25the chief executive officer's designee board shall implement a

 

 

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1socio-emotional focused attendance approach that targets the
2underlying causes of chronic truancy. For each pupil
3identified as a chronic truant, as defined in Section 26-2a of
4this Code, the board may establish an individualized student
5attendance plan to identify and resolve the underlying cause
6of the pupil's chronic truancy. establish and implement an
7Office of Chronic Truant Adjudication, which shall be
8responsible for administratively adjudicating cases of chronic
9truancy and imposing appropriate sanctions. The board shall
10appoint or employ hearing officers to perform the adjudicatory
11functions of that Office. Principals and other appropriate
12personnel may refer pupils suspected of being chronic truants,
13as defined in Section 26-2a of this Code, to the Office of
14Chronic Truant Adjudication.
15    (b) Notices. Prior to the implementation of any truancy
16intervention services pursuant to subsection (d) of this
17Section Before any hearing may be held under subsection (c),
18the principal of the school attended by the pupil or the
19principal's designee shall notify the pupil's parent or
20guardian by personal visit, letter, or telephone of each
21unexcused absence of the pupil. After giving the parent or
22guardian notice of the tenth unexcused absence of the pupil,
23the principal or the principal's designee shall send the
24pupil's parent or guardian a letter, by certified mail, return
25receipt requested, notifying the parent or guardian that he or
26she is subjecting himself or herself to truancy intervention

 

 

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1services a hearing procedure as provided under subsection (d)
2(c) and clearly describing any and all possible penalties that
3may be imposed as provided for in subsections (d) and (e) of
4this Section.
5    (c) (Blank). Hearing. Once a pupil has been referred to
6the Office of Chronic Truant Adjudication, a hearing shall be
7scheduled before an appointed hearing officer, and the pupil
8and the pupil's parents or guardian shall be notified by
9certified mail, return receipt requested stating the time,
10place, and purpose of the hearing. The hearing officer shall
11hold a hearing and render a written decision within 14 days
12determining whether the pupil is a chronic truant as defined
13in Section 26-2a of this Code and whether the parent or
14guardian took reasonable steps to assure the pupil's
15attendance at school. The hearing shall be private unless a
16public hearing is requested by the pupil's parent or guardian,
17and the pupil may be present at the hearing with a
18representative in addition to the pupil's parent or guardian.
19The board shall present evidence of the pupil's truancy, and
20the pupil and the parent or guardian or representative of the
21pupil may cross examine witnesses, present witnesses and
22evidence, and present defenses to the charges. All testimony
23at the hearing shall be taken under oath administered by the
24hearing officer. The decision of the hearing officer shall
25constitute an "administrative decision" for purposes of
26judicial review under the Administrative Review Law.

 

 

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1    (d) Truancy intervention services Penalties. The chief
2executive officer or the chief executive officer's designee
3hearing officer may require the pupil or the pupil's parent or
4guardian or both the pupil and the pupil's parent or guardian
5to do any or all of the following: perform reasonable school or
6community services for a period not to exceed 30 days;
7complete a parenting education program; obtain counseling or
8other supportive services; and comply with an individualized
9educational plan or service plan as provided by appropriate
10school officials. If the parent or guardian of the chronic
11truant shows that he or she took reasonable steps to ensure
12insure attendance of the pupil at school, he or she shall not
13be required to perform services.
14    (e) Non-compliance with services sanctions.
15Notwithstanding any other provision of law to the contrary, if
16If a pupil determined by the chief executive officer or the
17chief executive officer's designee a hearing officer to be a
18chronic truant or the parent or guardian of the pupil fails to
19fully participate in the services offered comply with the
20sanctions ordered by the hearing officer under subsection (d)
21(c) of this Section, the chief executive officer or the chief
22executive officer's designee Office of Chronic Truant
23Adjudication may refer the matter to the Department of Human
24Services, the Department of Healthcare and Family Services, or
25any other applicable organization or State agency for
26socio-emotional based intervention and prevention services.

 

 

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1Additionally, if the circumstances regarding a pupil
2identified as a chronic truant reasonably indicate that the
3pupil may be subject to abuse or neglect, apart from truancy,
4the chief executive officer or the chief executive officer's
5designee must report any findings that support suspected abuse
6or neglect to the Department of Children and Family Services
7pursuant to the Abused and Neglected Child Reporting Act. A
8State agency that receives a referral may enter into a data
9sharing agreement with the school district to share applicable
10student referral and case data. A State agency that receives a
11referral from the school district shall implement an intake
12process that may include a consent form that allows the agency
13to share information with the school district. the State's
14Attorney for prosecution under Section 3-33.5 of the Juvenile
15Court Act of 1987.
16    (f) Limitation on applicability. Nothing in this Section
17shall be construed to apply to a parent or guardian of a pupil
18not required to attend a public school pursuant to Section
1926-1.
20(Source: P.A. 94-1011, eff. 7-7-06.)
 
21    Section 10. The Juvenile Court Act of 1987 is amended by
22changing Section 3-33.5 as follows:
 
23    (705 ILCS 405/3-33.5)
24    Sec. 3-33.5. Truant minors in need of supervision.

 

 

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1    (a) Definition. A minor who is reported by the office of
2the regional superintendent of schools, or, in cities of over
3500,000 inhabitants, by the Office of Chronic Truant
4Adjudication, as a chronic truant may be subject to a petition
5for adjudication and adjudged a truant minor in need of
6supervision, provided that prior to the filing of the
7petition, the office of the regional superintendent of
8schools, the Office of Chronic Truant Adjudication, or a
9community truancy review board certifies that the local school
10has provided appropriate truancy intervention services to the
11truant minor and his or her family. For purposes of this
12Section, "truancy intervention services" means services
13designed to assist the minor's return to an educational
14program, and includes but is not limited to: assessments,
15counseling, mental health services, shelter, optional and
16alternative education programs, tutoring, and educational
17advocacy. If, after review by the regional office of
18education, the Office of Chronic Truant Adjudication, or
19community truancy review board, it is determined the local
20school did not provide the appropriate interventions, then the
21minor shall be referred to a comprehensive community based
22youth service agency for truancy intervention services. If the
23comprehensive community based youth service agency is
24incapable to provide intervention services, then this
25requirement for services is not applicable. The comprehensive
26community based youth service agency shall submit reports to

 

 

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1the office of the regional superintendent of schools, the
2Office of Chronic Truant Adjudication, or truancy review board
3within 20, 40, and 80 school days of the initial referral or at
4any other time requested by the office of the regional
5superintendent of schools, the Office of Chronic Truant
6Adjudication, or truancy review board, which reports each
7shall certify the date of the minor's referral and the extent
8of the minor's progress and participation in truancy
9intervention services provided by the comprehensive community
10based youth service agency. In addition, if, after referral by
11the office of the regional superintendent of schools, the
12Office of Chronic Truant Adjudication, or community truancy
13review board, the minor declines or refuses to fully
14participate in truancy intervention services provided by the
15comprehensive community based youth service agency, then the
16agency shall immediately certify such facts to the office of
17the regional superintendent of schools, the Office of Chronic
18Truant Adjudication, or community truancy review board.
19    (a-1) There is a rebuttable presumption that a chronic
20truant is a truant minor in need of supervision.
21    (a-2) There is a rebuttable presumption that school
22records of a minor's attendance at school are authentic.
23    (a-3) For purposes of this Section, "chronic truant" has
24the meaning ascribed to it in Section 26-2a of the School Code.
25    (a-4) For purposes of this Section, a "community truancy
26review board" is a local community based board comprised of

 

 

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1but not limited to: representatives from local comprehensive
2community based youth service agencies, representatives from
3court service agencies, representatives from local schools,
4representatives from health service agencies, and
5representatives from local professional and community
6organizations as deemed appropriate by the office of the
7regional superintendent of schools, or, in cities of over
8500,000 inhabitants, by the Office of Chronic Truant
9Adjudication. The regional superintendent of schools, or, in
10cities of over 500,000 inhabitants, the Office of Chronic
11Truant Adjudication, must approve the establishment and
12organization of a community truancy review board, and the
13regional superintendent of schools or his or her designee, or,
14in cities of over 500,000 inhabitants, the general
15superintendent of schools or his or her designee, shall chair
16the board.
17    (a-5) Nothing in this Section shall be construed to create
18a private cause of action or right of recovery against a
19regional office of education or the Office of Chronic Truant
20Adjudication, its superintendent, or its staff with respect to
21truancy intervention services where the determination to
22provide the services is made in good faith.
23    (b) Kinds of dispositional orders. A minor found to be a
24truant minor in need of supervision may be:
25        (1) committed to the appropriate regional
26    superintendent of schools for a student assistance team

 

 

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1    staffing, a service plan, or referral to a comprehensive
2    community based youth service agency;
3        (2) required to comply with a service plan as
4    specifically provided by the appropriate regional
5    superintendent of schools;
6        (3) ordered to obtain counseling or other supportive
7    services;
8        (4) (blank); subject to a fine in an amount in excess
9    of $5, but not exceeding $100, and each day of absence
10    without valid cause as defined in Section 26-2a of The
11    School Code is a separate offense;
12        (5) required to perform some reasonable public service
13    work such as, but not limited to, the picking up of litter
14    in public parks or along public highways or the
15    maintenance of public facilities; or
16        (6) (blank). subject to having his or her driver's
17    license or driving privilege suspended for a period of
18    time as determined by the court but only until he or she
19    attains 18 years of age.
20    A dispositional order may include a fine, public service,
21or suspension of a driver's license or privilege only if the
22court has made an express written finding that a truancy
23prevention program has been offered by the school, regional
24superintendent of schools, or a comprehensive community based
25youth service agency to the truant minor in need of
26supervision.

 

 

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1    (c) Orders entered under this Section may be enforced by
2contempt proceedings.
3(Source: P.A. 97-975, eff. 8-17-12.)".