Full Text of SB2338 102nd General Assembly
SB2338eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 | | 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 | 8 | | circuit court.
A truant officer or, in a school district that | 9 | | does not have a truant officer, the regional superintendent of | 10 | | schools or his or her designee, after giving the notice | 11 | | provided in Section 26-7, may shall
determine whether the | 12 | | notice has been complied with. If 3 notices have been given and | 13 | | the notices have not
been complied with, and if the persons | 14 | | having custody or control have knowingly
and willfully | 15 | | wilfully permitted the truant behavior to continue, the | 16 | | regional superintendent of schools, or his or her designee, of | 17 | | the school district where the child resides may shall conduct | 18 | | a truancy hearing. If the regional superintendent determines | 19 | | as a result of the hearing that the child is truant, the | 20 | | regional superintendent may shall , if age appropriate at the | 21 | | discretion of the regional superintendent, require the student | 22 | | to complete 20 to 40 hours of community service over a period | 23 | | of 90 days. If the truancy persists, the regional |
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| 1 | | superintendent may shall (i) make complaint against the | 2 | | persons having custody or control to the state's
attorney or | 3 | | in the circuit court in the county where such person resides
| 4 | | for failure to comply with the provisions of this Article or | 5 | | (ii) conduct truancy mediation and encourage the student to | 6 | | enroll in a graduation incentives program under Section 26-16 | 7 | | of this Code. If, however,
after giving the notice provided in | 8 | | Section 26-7 the truant behavior has
continued, and the child | 9 | | is beyond the control of the parents, guardians
or custodians, | 10 | | a truancy petition may shall be filed under the provisions of
| 11 | | Article III of the Juvenile Court Act of 1987.
| 12 | | (Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
| 13 | | (105 ILCS 5/34-4.5)
| 14 | | Sec. 34-4.5. Chronic truants.
| 15 | | (a) Socio-emotional focused attendance intervention Office | 16 | | of Chronic Truant Adjudication . The chief executive officer or | 17 | | the chief executive officer's designee board shall implement a | 18 | | socio-emotional focused attendance approach that targets the | 19 | | underlying causes of chronic truancy. For each pupil | 20 | | identified as a chronic truant, as defined in Section 26-2a of | 21 | | this Code, the board may establish an individualized student | 22 | | attendance plan to identify and resolve the underlying cause | 23 | | of the pupil's chronic truancy. establish and
implement an | 24 | | Office of Chronic Truant Adjudication, which shall be | 25 | | responsible
for administratively adjudicating cases of chronic |
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| 1 | | truancy and imposing
appropriate sanctions. The board shall | 2 | | appoint or employ hearing officers to
perform the adjudicatory | 3 | | functions of that Office. Principals
and other appropriate | 4 | | personnel may refer pupils suspected of being
chronic truants, | 5 | | as defined in Section 26-2a of this Code, to the Office of
| 6 | | Chronic Truant Adjudication.
| 7 | | (b) Notices. Prior to the implementation of any truancy | 8 | | intervention services pursuant to subsection (d) of this | 9 | | Section Before any hearing may be held under subsection (c) , | 10 | | the
principal of
the school attended by the pupil or the | 11 | | principal's designee shall notify the
pupil's parent or | 12 | | guardian by personal visit, letter, or telephone of each
| 13 | | unexcused absence of the pupil. After giving the parent or | 14 | | guardian notice of
the tenth unexcused absence of the pupil, | 15 | | the principal or the principal's
designee shall send the | 16 | | pupil's parent or guardian a letter, by certified mail,
return | 17 | | receipt requested, notifying the parent or guardian that he or | 18 | | she is
subjecting himself or herself to truancy intervention | 19 | | services a hearing procedure as provided under
subsection (d) | 20 | | (c) and clearly describing any and all possible penalties that | 21 | | may
be imposed as provided for in subsections (d) and (e) of | 22 | | this Section.
| 23 | | (c) (Blank). Hearing. Once a pupil has been referred to | 24 | | the Office of Chronic Truant
Adjudication, a hearing shall be | 25 | | scheduled before an appointed hearing officer,
and the pupil | 26 | | and the pupil's parents or guardian shall be notified by
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| 1 | | certified mail, return receipt requested stating the time, | 2 | | place, and purpose
of the
hearing. The hearing officer shall | 3 | | hold a hearing and render a written
decision within 14 days | 4 | | determining whether the pupil is a chronic truant as
defined | 5 | | in Section 26-2a of this Code and whether the parent or | 6 | | guardian took
reasonable steps to assure the pupil's | 7 | | attendance at school. The hearing shall
be private unless a | 8 | | public hearing is requested by the pupil's parent or
guardian, | 9 | | and the pupil may
be present at the
hearing with
a | 10 | | representative in addition to the pupil's parent or guardian. | 11 | | The board
shall present evidence of the pupil's truancy, and | 12 | | the pupil and
the parent or guardian or representative of the | 13 | | pupil may cross examine
witnesses,
present witnesses and | 14 | | evidence, and present defenses to the charges. All
testimony | 15 | | at the hearing shall be taken under oath administered by the | 16 | | hearing
officer. The decision of the hearing officer shall | 17 | | constitute an
"administrative decision" for purposes of | 18 | | judicial review under the
Administrative Review Law.
| 19 | | (d) Truancy intervention services Penalties . The chief | 20 | | executive officer or the chief executive officer's designee | 21 | | hearing officer may require the pupil or the pupil's
parent or | 22 | | guardian or both the pupil and the pupil's parent or guardian | 23 | | to do
any or all of the following: perform reasonable school or | 24 | | community services
for a period not to exceed 30 days; | 25 | | complete a parenting education program;
obtain counseling or | 26 | | other supportive services; and comply with an
individualized
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| 1 | | educational plan or service plan as provided by appropriate | 2 | | school officials.
If the parent or guardian of the chronic | 3 | | truant shows that he or she
took reasonable steps to ensure | 4 | | insure attendance of the pupil at school, he or she
shall not | 5 | | be required to perform services.
| 6 | | (e) Non-compliance with services sanctions . | 7 | | Notwithstanding any other provision of law to the contrary, if | 8 | | If a pupil determined by the chief executive officer or the | 9 | | chief executive officer's designee a hearing
officer to be a | 10 | | chronic truant or the parent or guardian of the pupil fails to | 11 | | fully participate in the services offered
comply with the | 12 | | sanctions ordered by the hearing officer under subsection (d) | 13 | | (c)
of this Section, the chief executive officer or the chief | 14 | | executive officer's designee Office of Chronic Truant | 15 | | Adjudication may refer the
matter to the Department of Human | 16 | | Services, the Department of Healthcare and Family Services, or | 17 | | any other applicable organization or State agency for | 18 | | socio-emotional based intervention and prevention services. | 19 | | Additionally, if the circumstances regarding a pupil | 20 | | identified as a chronic truant reasonably indicate that the | 21 | | pupil may be subject to abuse or neglect, apart from truancy, | 22 | | the chief executive officer or the chief executive officer's | 23 | | designee must report any findings that support suspected abuse | 24 | | or neglect to the Department of Children and Family Services | 25 | | pursuant to the Abused and Neglected Child Reporting Act. A | 26 | | State agency that receives a referral may enter into a data |
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| 1 | | sharing agreement with the school district to share applicable | 2 | | student referral and case data. A State agency that receives a | 3 | | referral from the school district shall implement an intake | 4 | | process that may include a consent form that allows the agency | 5 | | to share information with the school district the State's | 6 | | Attorney for prosecution under Section 3-33.5 of the
Juvenile | 7 | | Court Act of 1987 .
| 8 | | (f) Limitation on applicability. Nothing in this Section | 9 | | shall be construed
to apply to a parent or guardian of a pupil | 10 | | not required to attend a public
school pursuant to Section | 11 | | 26-1.
| 12 | | (Source: P.A. 94-1011, eff. 7-7-06.)
| 13 | | Section 10. The Juvenile Court Act of 1987 is amended by | 14 | | changing Section 3-33.5 as follows: | 15 | | (705 ILCS 405/3-33.5)
| 16 | | Sec. 3-33.5. Truant minors in need of supervision.
| 17 | | (a) Definition. A
minor who is reported by the office of | 18 | | the regional superintendent of schools ,
or, in cities of over | 19 | | 500,000 inhabitants, by the Office of Chronic Truant
| 20 | | Adjudication, as a chronic truant may be subject to a petition | 21 | | for adjudication and adjudged a
truant minor in need of | 22 | | supervision, provided that prior to the filing of the | 23 | | petition, the office
of the regional superintendent of | 24 | | schools , the Office of Chronic Truant
Adjudication, or a |
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| 1 | | community truancy review board certifies that the local school | 2 | | has provided appropriate truancy intervention services
to the | 3 | | truant minor and his or her family. For purposes of this | 4 | | Section, "truancy intervention services"
means services | 5 | | designed to assist the minor's return to an educational | 6 | | program, and includes but is not
limited to: assessments, | 7 | | counseling, mental health services, shelter, optional and | 8 | | alternative education
programs, tutoring, and educational | 9 | | advocacy. If, after review by the regional office of | 10 | | education , the Office of Chronic Truant
Adjudication, or
| 11 | | community truancy review board , it is determined the local
| 12 | | school did not provide the appropriate interventions, then the | 13 | | minor shall be referred to a comprehensive community
based | 14 | | youth service agency for truancy intervention services. If the | 15 | | comprehensive community based youth service
agency is | 16 | | incapable to provide intervention services, then this | 17 | | requirement for services is
not applicable. The comprehensive | 18 | | community based youth service agency shall submit reports to | 19 | | the office of the
regional superintendent of schools , the | 20 | | Office of Chronic Truant
Adjudication, or truancy review board | 21 | | within 20, 40, and 80 school days of the initial referral or at | 22 | | any other time requested by the
office of the regional | 23 | | superintendent of schools , the Office of Chronic Truant
| 24 | | Adjudication, or truancy review board, which reports each | 25 | | shall certify the date of the minor's referral and the extent | 26 | | of the
minor's progress and participation in truancy |
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| 1 | | intervention services provided by the comprehensive community | 2 | | based youth service agency. In addition, if, after referral by | 3 | | the office of the regional superintendent of
schools , the | 4 | | Office of Chronic Truant
Adjudication, or community truancy | 5 | | review board, the minor
declines or refuses to fully | 6 | | participate in truancy intervention services provided by the | 7 | | comprehensive community based
youth service agency, then the | 8 | | agency shall immediately certify such facts to the office of | 9 | | the regional
superintendent of schools , the Office of Chronic | 10 | | Truant
Adjudication, or community truancy review board. | 11 | | (a-1) There is a rebuttable presumption that a chronic | 12 | | truant is a truant
minor in need of supervision. | 13 | | (a-2) There is a rebuttable presumption that school | 14 | | records of a minor's
attendance at school are authentic. | 15 | | (a-3) For purposes of this Section, "chronic truant" has | 16 | | the meaning
ascribed to it in Section 26-2a of the School Code. | 17 | | (a-4) For purposes of this Section, a "community truancy | 18 | | review board" is a local community based board comprised of | 19 | | but not limited to: representatives from local comprehensive | 20 | | community based youth service agencies, representatives from | 21 | | court service agencies, representatives from local schools, | 22 | | representatives from health service agencies, and | 23 | | representatives from local professional and community | 24 | | organizations as deemed appropriate by the office of the | 25 | | regional superintendent of schools , or, in cities of over | 26 | | 500,000 inhabitants, by the Office of Chronic Truant
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| 1 | | Adjudication . The regional superintendent of schools , or, in | 2 | | cities of over 500,000 inhabitants, the Office of Chronic | 3 | | Truant
Adjudication, must approve the establishment and | 4 | | organization of a community truancy review board , and the | 5 | | regional superintendent of schools or his or her designee , or, | 6 | | in cities of over 500,000 inhabitants, the general | 7 | | superintendent of schools or his or her designee, shall chair | 8 | | the board. | 9 | | (a-5) Nothing in this Section shall be construed to create | 10 | | a private cause of action or right of recovery against a | 11 | | regional office of education or the Office of Chronic Truant
| 12 | | Adjudication , its superintendent, or its staff with respect to | 13 | | truancy intervention services where the determination to | 14 | | provide the services is made in good faith. | 15 | | (b) Kinds of dispositional orders. A minor found to be a | 16 | | truant minor
in need of supervision may be: | 17 | | (1) committed to the appropriate
regional | 18 | | superintendent of schools for a student assistance team | 19 | | staffing, a service plan, or referral to a comprehensive | 20 | | community based youth service agency; | 21 | | (2) required to comply with a service
plan as | 22 | | specifically provided by the appropriate regional | 23 | | superintendent of
schools; | 24 | | (3) ordered to obtain counseling or other supportive | 25 | | services; | 26 | | (4) (blank); subject to a fine in an amount in excess |
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| 1 | | of $5, but not exceeding
$100, and each day of absence | 2 | | without valid cause as defined in Section 26-2a
of The | 3 | | School Code is a separate offense; | 4 | | (5) required to perform some reasonable public service | 5 | | work such as, but
not limited to, the picking up of litter | 6 | | in public parks or along public
highways or the | 7 | | maintenance of public facilities; or | 8 | | (6) (blank). subject to having his or her driver's | 9 | | license or driving privilege
suspended for a period of | 10 | | time as determined by the court but only until he
or she | 11 | | attains 18 years of age. | 12 | | A dispositional order may include a fine, public service , | 13 | | or
suspension of a driver's license or privilege only if the | 14 | | court has made an
express written finding that a truancy | 15 | | prevention program has been offered by
the school, regional | 16 | | superintendent of schools, or a comprehensive community based | 17 | | youth service
agency to the truant minor in need of | 18 | | supervision. | 19 | | (c) Orders entered under this Section may be enforced by | 20 | | contempt
proceedings.
| 21 | | (Source: P.A. 97-975, eff. 8-17-12.)
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