Full Text of HB3939 98th General Assembly
HB3939enr 98TH 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 | | 10-20.12 and 27-8.1 as follows:
| 6 | | (105 ILCS 5/10-20.12) (from Ch. 122, par. 10-20.12)
| 7 | | Sec. 10-20.12. School year - School age. To establish and | 8 | | keep in
operation in each year during a school term of at least | 9 | | the minimum length
required by Section 10-19, a sufficient | 10 | | number of free schools for the
accommodation of all persons in | 11 | | the district who are 5 years of age or
older but under 21 years | 12 | | of age, and to secure for all such persons the
right and | 13 | | opportunity to an equal education in such schools; provided | 14 | | that (i)
children who will attain the age of 5 years on or | 15 | | before September 1 of the
year of the 1990-1991 school term and | 16 | | each school term thereafter may
attend school upon the | 17 | | commencement of such term and (ii) based upon an assessment of | 18 | | the child's readiness, children who have attended a non-public | 19 | | preschool and continued their education at that school through | 20 | | kindergarten, were taught in kindergarten by an appropriately | 21 | | certified teacher, and will attain the age of 6 years on or | 22 | | before December 31 of the year of the 2009-2010 school term and | 23 | | each school term thereafter may attend first grade upon |
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| 1 | | commencement of such term. However, Section 33 of the | 2 | | Educational Opportunity for Military Children Act shall apply | 3 | | to children of active duty military personnel. Based upon an | 4 | | assessment
of a child's readiness to attend school, a school | 5 | | district may permit a
child to attend school prior to the dates | 6 | | contained in this Section. In any
school district operating on | 7 | | a full year school basis children who will
attain age 5 within | 8 | | 30 days after the commencement of a term may attend
school upon | 9 | | the commencement of such term and, based upon an assessment of | 10 | | the child's readiness, children who have attended a non-public | 11 | | preschool and continued their education at that school through | 12 | | kindergarten, were taught in kindergarten by an appropriately | 13 | | certified teacher, and will attain age 6 within 4 months after | 14 | | the commencement of a term may attend first grade upon the | 15 | | commencement of such term. The school district may, by
| 16 | | resolution of its board, allow for a full year school plan.
| 17 | | (Source: P.A. 96-864, eff. 1-21-10.)
| 18 | | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | 19 | | Sec. 27-8.1. Health examinations and immunizations. | 20 | | (1) In compliance with rules and regulations which the | 21 | | Department of Public
Health shall promulgate, and except as | 22 | | hereinafter provided, all children in
Illinois shall have a | 23 | | health examination as follows: within one year prior to
| 24 | | entering kindergarten or the first grade of any public, | 25 | | private, or parochial
elementary school; upon entering the |
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| 1 | | sixth and ninth grades of any public,
private, or parochial | 2 | | school; prior to entrance into any public, private, or
| 3 | | parochial nursery school; and, irrespective of grade, | 4 | | immediately prior to or
upon entrance into any public, private, | 5 | | or parochial school or nursery school,
each child shall present | 6 | | proof of having been examined in accordance with this
Section | 7 | | and the rules and regulations promulgated hereunder. Any child | 8 | | who received a health examination within one year prior to | 9 | | entering the fifth grade for the 2007-2008 school year is not | 10 | | required to receive an additional health examination in order | 11 | | to comply with the provisions of Public Act 95-422 when he or | 12 | | she attends school for the 2008-2009 school year, unless the | 13 | | child is attending school for the first time as provided in | 14 | | this paragraph. | 15 | | A tuberculosis skin test screening shall be included as a | 16 | | required part of
each health examination included under this | 17 | | Section if the child resides in an
area designated by the | 18 | | Department of Public Health as having a high incidence
of | 19 | | tuberculosis. Additional health examinations of pupils, | 20 | | including eye examinations, may be required when deemed | 21 | | necessary by school
authorities. Parents are encouraged to have | 22 | | their children undergo eye examinations at the same points in | 23 | | time required for health
examinations. | 24 | | (1.5) In compliance with rules adopted by the Department of | 25 | | Public Health and except as otherwise provided in this Section, | 26 | | all children in kindergarten and the second and sixth grades of |
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| 1 | | any public, private, or parochial school shall have a dental | 2 | | examination. Each of these children shall present proof of | 3 | | having been examined by a dentist in accordance with this | 4 | | Section and rules adopted under this Section before May 15th of | 5 | | the school year. If a child in the second or sixth grade fails | 6 | | to present proof by May 15th, the school may hold the child's | 7 | | report card until one of the following occurs: (i) the child | 8 | | presents proof of a completed dental examination or (ii) the | 9 | | child presents proof that a dental examination will take place | 10 | | within 60 days after May 15th. The Department of Public Health | 11 | | shall establish, by rule, a waiver for children who show an | 12 | | undue burden or a lack of access to a dentist. Each public, | 13 | | private, and parochial school must give notice of this dental | 14 | | examination requirement to the parents and guardians of | 15 | | students at least 60 days before May 15th of each school year.
| 16 | | (1.10) Except as otherwise provided in this Section, all | 17 | | children enrolling in kindergarten in a public, private, or | 18 | | parochial school on or after the effective date of this | 19 | | amendatory Act of the 95th General Assembly and any student | 20 | | enrolling for the first time in a public, private, or parochial | 21 | | school on or after the effective date of this amendatory Act of | 22 | | the 95th General Assembly shall have an eye examination. Each | 23 | | of these children shall present proof of having been examined | 24 | | by a physician licensed to practice medicine in all of its | 25 | | branches or a licensed optometrist within the previous year, in | 26 | | accordance with this Section and rules adopted under this |
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| 1 | | Section, before October 15th of the school year. If the child | 2 | | fails to present proof by October 15th, the school may hold the | 3 | | child's report card until one of the following occurs: (i) the | 4 | | child presents proof of a completed eye examination or (ii) the | 5 | | child presents proof that an eye examination will take place | 6 | | within 60 days after October 15th. The Department of Public | 7 | | Health shall establish, by rule, a waiver for children who show | 8 | | an undue burden or a lack of access to a physician licensed to | 9 | | practice medicine in all of its branches who provides eye | 10 | | examinations or to a licensed optometrist. Each public, | 11 | | private, and parochial school must give notice of this eye | 12 | | examination requirement to the parents and guardians of | 13 | | students in compliance with rules of the Department of Public | 14 | | Health. Nothing in this Section shall be construed to allow a | 15 | | school to exclude a child from attending because of a parent's | 16 | | or guardian's failure to obtain an eye examination for the | 17 | | child.
| 18 | | (2) The Department of Public Health shall promulgate rules | 19 | | and regulations
specifying the examinations and procedures | 20 | | that constitute a health examination, which shall include the | 21 | | collection of data relating to obesity
(including at a minimum, | 22 | | date of birth, gender, height, weight, blood pressure, and date | 23 | | of exam),
and a dental examination and may recommend by rule | 24 | | that certain additional examinations be performed.
The rules | 25 | | and regulations of the Department of Public Health shall | 26 | | specify that
a tuberculosis skin test screening shall be |
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| 1 | | included as a required part of each
health examination included | 2 | | under this Section if the child resides in an area
designated | 3 | | by the Department of Public Health as having a high incidence | 4 | | of
tuberculosis.
The Department of Public Health shall specify | 5 | | that a diabetes
screening as defined by rule shall be included | 6 | | as a required part of each
health examination.
Diabetes testing | 7 | | is not required. | 8 | | Physicians licensed to practice medicine in all of its | 9 | | branches, advanced
practice nurses who have a written | 10 | | collaborative agreement with
a collaborating physician which | 11 | | authorizes them to perform health
examinations, or physician | 12 | | assistants who have been delegated the
performance of health | 13 | | examinations by their supervising physician
shall be
| 14 | | responsible for the performance of the health examinations, | 15 | | other than dental
examinations, eye examinations, and vision | 16 | | and hearing screening, and shall sign all report forms
required | 17 | | by subsection (4) of this Section that pertain to those | 18 | | portions of
the health examination for which the physician, | 19 | | advanced practice nurse, or
physician assistant is | 20 | | responsible.
If a registered
nurse performs any part of a | 21 | | health examination, then a physician licensed to
practice | 22 | | medicine in all of its branches must review and sign all | 23 | | required
report forms. Licensed dentists shall perform all | 24 | | dental examinations and
shall sign all report forms required by | 25 | | subsection (4) of this Section that
pertain to the dental | 26 | | examinations. Physicians licensed to practice medicine
in all |
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| 1 | | its branches or licensed optometrists shall perform all eye | 2 | | examinations
required by this Section and shall sign all report | 3 | | forms required by
subsection (4) of this Section that pertain | 4 | | to the eye examination. For purposes of this Section, an eye | 5 | | examination shall at a minimum include history, visual acuity, | 6 | | subjective refraction to best visual acuity near and far, | 7 | | internal and external examination, and a glaucoma evaluation, | 8 | | as well as any other tests or observations that in the | 9 | | professional judgment of the doctor are necessary. Vision and
| 10 | | hearing screening tests, which shall not be considered | 11 | | examinations as that
term is used in this Section, shall be | 12 | | conducted in accordance with rules and
regulations of the | 13 | | Department of Public Health, and by individuals whom the
| 14 | | Department of Public Health has certified.
In these rules and | 15 | | regulations, the Department of Public Health shall
require that | 16 | | individuals conducting vision screening tests give a child's
| 17 | | parent or guardian written notification, before the vision | 18 | | screening is
conducted, that states, "Vision screening is not a | 19 | | substitute for a
complete eye and vision evaluation by an eye | 20 | | doctor. Your child is not
required to undergo this vision | 21 | | screening if an optometrist or
ophthalmologist has completed | 22 | | and signed a report form indicating that
an examination has | 23 | | been administered within the previous 12 months." | 24 | | (3) Every child shall, at or about the same time as he or | 25 | | she receives
a health examination required by subsection (1) of | 26 | | this Section, present
to the local school proof of having |
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| 1 | | received such immunizations against
preventable communicable | 2 | | diseases as the Department of Public Health shall
require by | 3 | | rules and regulations promulgated pursuant to this Section and | 4 | | the
Communicable Disease Prevention Act. | 5 | | (4) The individuals conducting the health examination,
| 6 | | dental examination, or eye examination shall record the
fact of | 7 | | having conducted the examination, and such additional | 8 | | information as
required, including for a health examination
| 9 | | data relating to obesity
(including at a minimum, date of | 10 | | birth, gender, height, weight, blood pressure, and date of | 11 | | exam), on uniform forms which the Department of Public Health | 12 | | and the State
Board of Education shall prescribe for statewide | 13 | | use. The examiner shall
summarize on the report form any | 14 | | condition that he or she suspects indicates a
need for special | 15 | | services, including for a health examination factors relating | 16 | | to obesity. The individuals confirming the administration of
| 17 | | required immunizations shall record as indicated on the form | 18 | | that the
immunizations were administered. | 19 | | (5) If a child does not submit proof of having had either | 20 | | the health
examination or the immunization as required, then | 21 | | the child shall be examined
or receive the immunization, as the | 22 | | case may be, and present proof by October
15 of the current | 23 | | school year, or by an earlier date of the current school year
| 24 | | established by a school district. To establish a date before | 25 | | October 15 of the
current school year for the health | 26 | | examination or immunization as required, a
school district must |
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| 1 | | give notice of the requirements of this Section 60 days
prior | 2 | | to the earlier established date. If for medical reasons one or | 3 | | more of
the required immunizations must be given after October | 4 | | 15 of the current school
year, or after an earlier established | 5 | | date of the current school year, then
the child shall present, | 6 | | by October 15, or by the earlier established date, a
schedule | 7 | | for the administration of the immunizations and a statement of | 8 | | the
medical reasons causing the delay, both the schedule and | 9 | | the statement being
issued by the physician, advanced practice | 10 | | nurse, physician assistant,
registered nurse, or local health | 11 | | department that will
be responsible for administration of the | 12 | | remaining required immunizations. If
a child does not comply by | 13 | | October 15, or by the earlier established date of
the current | 14 | | school year, with the requirements of this subsection, then the
| 15 | | local school authority shall exclude that child from school | 16 | | until such time as
the child presents proof of having had the | 17 | | health examination as required and
presents proof of having | 18 | | received those required immunizations which are
medically | 19 | | possible to receive immediately. During a child's exclusion | 20 | | from
school for noncompliance with this subsection, the child's | 21 | | parents or legal
guardian shall be considered in violation of | 22 | | Section 26-1 and subject to any
penalty imposed by Section | 23 | | 26-10. This subsection (5) does not apply to dental | 24 | | examinations and eye examinations. If Until June 30, 2015, if | 25 | | the student is an out-of-state transfer student and does not | 26 | | have the proof required under this subsection (5) before |
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| 1 | | October 15 of the current year or whatever date is set by the | 2 | | school district, then he or she may only attend classes (i) if | 3 | | he or she has proof that an appointment for the required | 4 | | vaccinations has been scheduled with a party authorized to | 5 | | submit proof of the required vaccinations. If the proof of | 6 | | vaccination required under this subsection (5) is not submitted | 7 | | within 30 days after the student is permitted to attend | 8 | | classes, then the student is not to be permitted to attend | 9 | | classes until proof of the vaccinations has been properly | 10 | | submitted. No school district or employee of a school district | 11 | | shall be held liable for any injury or illness to another | 12 | | person that results from admitting an out-of-state transfer | 13 | | student to class that has an appointment scheduled pursuant to | 14 | | this subsection (5). | 15 | | (6) Every school shall report to the State Board of | 16 | | Education by November
15, in the manner which that agency shall | 17 | | require, the number of children who
have received the necessary | 18 | | immunizations and the health examination (other than a dental | 19 | | examination or eye examination) as
required, indicating, of | 20 | | those who have not received the immunizations and
examination | 21 | | as required, the number of children who are exempt from health
| 22 | | examination and immunization requirements on religious or | 23 | | medical grounds as
provided in subsection (8). On or before | 24 | | December 1 of each year, every public school district and | 25 | | registered nonpublic school shall make publicly available the | 26 | | immunization data they are required to submit to the State |
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| 1 | | Board of Education by November 15. The immunization data made | 2 | | publicly available must be identical to the data the school | 3 | | district or school has reported to the State Board of | 4 | | Education. | 5 | | Every school shall report to the State Board of Education | 6 | | by June 30, in the manner that the State Board requires, the | 7 | | number of children who have received the required dental | 8 | | examination, indicating, of those who have not received the | 9 | | required dental examination, the number of children who are | 10 | | exempt from the dental examination on religious grounds as | 11 | | provided in subsection (8) of this Section and the number of | 12 | | children who have received a waiver under subsection (1.5) of | 13 | | this Section. | 14 | | Every school shall report to the State Board of Education | 15 | | by June 30, in the manner that the State Board requires, the | 16 | | number of children who have received the required eye | 17 | | examination, indicating, of those who have not received the | 18 | | required eye examination, the number of children who are exempt | 19 | | from the eye examination as provided in subsection (8) of this | 20 | | Section, the number of children who have received a waiver | 21 | | under subsection (1.10) of this Section, and the total number | 22 | | of children in noncompliance with the eye examination | 23 | | requirement. | 24 | | The reported information under this subsection (6) shall be | 25 | | provided to the
Department of Public Health by the State Board | 26 | | of Education. |
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| 1 | | (7) Upon determining that the number of pupils who are | 2 | | required to be in
compliance with subsection (5) of this | 3 | | Section is below 90% of the number of
pupils enrolled in the | 4 | | school district, 10% of each State aid payment made
pursuant to | 5 | | Section 18-8.05 to the school district for such year may be | 6 | | withheld
by the State Board of Education until the number of | 7 | | students in compliance with
subsection (5) is the applicable | 8 | | specified percentage or higher. | 9 | | (8) Parents or legal guardians who object to health,
| 10 | | dental, or eye examinations or any part thereof, or to | 11 | | immunizations, on religious grounds
shall not be required to | 12 | | submit their children or wards to the examinations
or | 13 | | immunizations to which they so object if such parents or legal | 14 | | guardians
present to the appropriate local school authority a | 15 | | signed statement of
objection, detailing the grounds for the | 16 | | objection. If the physical condition
of the child is such that | 17 | | any one or more of the immunizing agents should not
be | 18 | | administered, the examining physician, advanced practice | 19 | | nurse, or
physician assistant responsible for the performance | 20 | | of the
health examination shall endorse that fact upon the | 21 | | health examination form.
Exempting a child from the health,
| 22 | | dental, or eye examination does not exempt the child from
| 23 | | participation in the program of physical education training | 24 | | provided in
Sections 27-5 through 27-7 of this Code. | 25 | | (9) For the purposes of this Section, "nursery schools" | 26 | | means those nursery
schools operated by elementary school |
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| 1 | | systems or secondary level school units
or institutions of | 2 | | higher learning. | 3 | | (Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12; | 4 | | 97-910, eff. 1-1-13.) | 5 | | Section 10. The Illinois School Student Records Act is | 6 | | amended by changing Section 8.1 as follows: | 7 | | (105 ILCS 10/8.1) (from Ch. 122, par. 50-8.1) | 8 | | Sec. 8.1. (a) No school may refuse to admit or enroll a | 9 | | student
because of that student's failure to present his | 10 | | student permanent or
temporary record from a school previously | 11 | | attended. | 12 | | (b) When a new student applies for admission to a school | 13 | | and does not
present his school student record, such school may | 14 | | notify the school or
school district last attended by such | 15 | | student, requesting that the
student's school student record be | 16 | | copied and sent to it; such request
shall be honored within 10 | 17 | | days after it is received. Within
10 days after receiving a | 18 | | request from the Department of Children and
Family Services, | 19 | | the school district last attended by the student shall
send the | 20 | | student's school student record to the receiving school | 21 | | district. | 22 | | (c) In the case of a transfer between school districts of a | 23 | | student
who is eligible for special education and related | 24 | | services, when the parent
or guardian of the student presents a |
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| 1 | | copy of the student's then current
individualized education | 2 | | program (IEP) to the new school, the student shall
be placed in | 3 | | a special education program in accordance with that described
| 4 | | in the student's IEP. | 5 | | (d) Out-of-state Until June 30, 2015, out-of-state | 6 | | transfer students , including children of military personnel | 7 | | that transfer into this State, may use unofficial transcripts | 8 | | for admission to a school until official transcripts are | 9 | | obtained from his or her last school district , including | 10 | | children of military personnel that transfer into this State, | 11 | | subject to Section 32 of the Educational Opportunity for | 12 | | Military Children Act . | 13 | | (Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12.) | 14 | | Section 15. The Educational Opportunity for Military | 15 | | Children Act is amended by changing Sections 5, 10, 20, 25, 35, | 16 | | and 40 and by adding Sections 32 and 33 as follows: | 17 | | (105 ILCS 70/5) | 18 | | (Section scheduled to be repealed on June 30, 2015)
| 19 | | Sec. 5. Purpose. It is the purpose of this Act to remove | 20 | | barriers to educational success imposed on children of active | 21 | | duty military personnel families because of frequent moves and | 22 | | deployment of their parents by: | 23 | | (1) facilitating the timely enrollment of children of | 24 | | active duty military personnel families and ensuring that |
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| 1 | | they are not placed at a disadvantage due to difficulty in | 2 | | the transfer of educational records from the previous | 3 | | school district; | 4 | | (2) facilitating the student placement process through | 5 | | which children of active duty military personnel families | 6 | | are not disadvantaged by variations in attendance | 7 | | requirements, scheduling, sequencing, or assessment; | 8 | | (3) facilitating the qualification and eligibility for | 9 | | enrollment and educational programs of children of active | 10 | | duty military personnel ; | 11 | | (4) facilitating the on-time graduation of children of | 12 | | active duty military personnel families ; and | 13 | | (5) promoting flexibility and cooperation between the | 14 | | educational system, parents, and the student in order to | 15 | | achieve educational success for the student.
| 16 | | (Source: P.A. 96-953, eff. 6-28-10 .) | 17 | | (105 ILCS 70/10) | 18 | | (Section scheduled to be repealed on June 30, 2015)
| 19 | | Sec. 10. Findings; authority to enter into compact. The | 20 | | General Assembly finds and declares that this State recognizes | 21 | | that there is created an Interstate Commission on Educational | 22 | | Opportunity for Military Children through the Council of State | 23 | | Governments, in cooperation with the U.S. Department of Defense | 24 | | Office of Personnel and Readiness, for addressing the needs of | 25 | | students in transition. The Interstate Commission on |
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| 1 | | Educational Opportunity for Military Children is a group of | 2 | | member states who have joined to create laws easing the | 3 | | transition of children of active duty military personnel | 4 | | families . The Governor of this State is authorized and directed | 5 | | to enter into a compact governed by this Act on behalf of this | 6 | | State with any of the United States legally joining therein.
| 7 | | (Source: P.A. 96-953, eff. 6-28-10 .) | 8 | | (105 ILCS 70/20) | 9 | | (Section scheduled to be repealed on June 30, 2015)
| 10 | | Sec. 20. Definitions. For purposes of this Act: | 11 | | "Active duty military personnel" means active duty members | 12 | | of the uniformed military services, including any of the | 13 | | following: | 14 | | (1) Members of the National Guard and Reserve that are | 15 | | on active duty pursuant to 10 U.S.C. 1209 and 10 U.S.C. | 16 | | 1211. | 17 | | (2) Members or veterans of the uniformed services who | 18 | | are severely injured and medically discharged or retired | 19 | | for a period of one year after medical discharge or | 20 | | retirement. | 21 | | (3) Members of the uniformed services who die on active | 22 | | duty for a period of one year after death. | 23 | | "Non-custodial parent" means a person who has temporary | 24 | | custody of the child of any active duty military personnel and | 25 | | who is responsible for making decisions for that child. |
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| 1 | | "State Council" means the Illinois P-20 Council and | 2 | | additional representatives appointed by the Illinois P-20 | 3 | | Council as provided under Section 40 of this Act.
| 4 | | (Source: P.A. 96-953, eff. 6-28-10 .) | 5 | | (105 ILCS 70/25) | 6 | | (Section scheduled to be repealed on June 30, 2015)
| 7 | | Sec. 25. Tuition for children of active duty military | 8 | | personnel who are transfer students. (a) For purposes of this | 9 | | Section, "non-custodial parent" means a person who has | 10 | | temporary custody of the child of active duty military | 11 | | personnel and who is responsible for making decisions for that | 12 | | child. (b) If a student who is a child of active duty military | 13 | | personnel is (i) placed with a non-custodial parent and (ii) as | 14 | | a result of placement, must attend a non-resident school | 15 | | district, then the student must not be charged the tuition of | 16 | | the school that the student attends as a result of placement | 17 | | with the non-custodial parent and the student must be counted | 18 | | in the calculation of average daily attendance under Section | 19 | | 18-8.05 of the School Code.
| 20 | | (Source: P.A. 96-953, eff. 6-28-10 .) | 21 | | (105 ILCS 70/32 new) | 22 | | Sec. 32. Educational records for children of active duty | 23 | | military personnel. | 24 | | (a) In the event that official educational records cannot |
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| 1 | | be released to parents for the purpose of transfer, the | 2 | | custodian of the records in the sending state shall prepare and | 3 | | furnish to the parent a complete set of unofficial educational | 4 | | records to the extent feasible. Upon receipt of the unofficial | 5 | | educational records by a school in the receiving state, the | 6 | | school shall enroll and appropriately place the student based | 7 | | on the information provided in the unofficial records, pending | 8 | | validation by the official records as quickly as possible. This | 9 | | subsection (a) does not preclude the school in the receiving | 10 | | state from performing subsequent evaluations to ensure | 11 | | appropriate placement and continued enrollment of the student | 12 | | in a course or courses. | 13 | | (b) Simultaneous with the enrollment and conditional | 14 | | placement of a student, the school in the receiving state shall | 15 | | request the student's official educational record from the | 16 | | school in the sending state. Upon receipt of this request, the | 17 | | school in the sending state shall process and furnish the | 18 | | official educational records to the receiving state within 15 | 19 | | days. | 20 | | (105 ILCS 70/33 new) | 21 | | Sec. 33. Enrollment and entrance age for children of active | 22 | | duty military personnel. Students must be allowed to continue | 23 | | their enrollment at grade level in the receiving state | 24 | | commensurate with their grade level (including kindergarten) | 25 | | at the school in the sending state at the time of transition. A |
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| 1 | | student who has satisfactorily completed the requisite grade | 2 | | level in the school in the sending state is eligible for | 3 | | enrollment in the next highest grade level in the receiving | 4 | | state. A student transferring after the start of the school | 5 | | year in the receiving state shall enter the school in the | 6 | | receiving state at his or her validated grade level at an | 7 | | accredited school in the sending state. This Section does not | 8 | | preclude the school in the receiving state from performing | 9 | | subsequent evaluations to ensure appropriate placement of the | 10 | | student. | 11 | | (105 ILCS 70/35) | 12 | | (Section scheduled to be repealed on June 30, 2015)
| 13 | | Sec. 35. Course placement; program placement; placement | 14 | | flexibility; graduation; extracurricular activities; absences | 15 | | related to deployment activities for children of active duty | 16 | | military personnel Required courses for transfer students; | 17 | | pre-requisites; credit transfer; graduation . | 18 | | (a) If a student transfers before or during the school | 19 | | year, the school in the receiving state shall initially honor | 20 | | placement of the student in educational courses based on the | 21 | | student's enrollment in the school in the sending state or | 22 | | educational assessments conducted at the school in the sending | 23 | | state if the courses are offered and space is available. Course | 24 | | placement includes, but is not limited to, honors, | 25 | | International Baccalaureate, Advanced Placement, vocational, |
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| 1 | | and technical and career pathways courses. Continuing the | 2 | | student's academic program from the school in the sending state | 3 | | and promoting placement in academically and career-challenging | 4 | | courses must be paramount when considering placement. This | 5 | | subsection (a) does not preclude the school in the receiving | 6 | | state from performing subsequent evaluations to ensure | 7 | | appropriate placement and continued enrollment of the student | 8 | | in the course or courses. A student that transfers to a new | 9 | | school district may transfer into a comparable course to | 10 | | continue credit work for a course from which the student | 11 | | transferred out of only if the new school district offers the | 12 | | course and space is available. This subsection (a) includes | 13 | | courses offered for gifted and talented children pursuant to | 14 | | Article 14A of the School Code and courses for English as a | 15 | | Second Language program. | 16 | | (b) The receiving school shall initially honor the | 17 | | placement of the student in educational programs based on | 18 | | current educational assessments conducted at the school in the | 19 | | sending state or participation or placement in like programs in | 20 | | the school in the sending state. Such programs include, but are | 21 | | not limited to, gifted and talented programs and English as a | 22 | | Second Language (ESL). This subsection (b) does not preclude | 23 | | the school in the receiving state from performing subsequent | 24 | | evaluations to ensure appropriate placement of the student. The | 25 | | school district of a school may determine if courses taken by a | 26 | | transfer student at his or her old school satisfy the |
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| 1 | | pre-requisite course requirements for any courses that the | 2 | | transfer student wishes to take at his or her current school. | 3 | | The school district may determine a current and future schedule | 4 | | that is appropriate for the student that satisfies any | 5 | | pre-requisite course requirements in order for that student to | 6 | | take any courses that he or she wishes to attend. | 7 | | (c) The school district of a school shall have flexibility | 8 | | in waiving course or program prerequisites or other | 9 | | preconditions for placement in offered courses or programs. The | 10 | | school district of a school shall may work with a transfer | 11 | | student to determine an appropriate schedule that ensures that | 12 | | a student will graduate, provided that the student has met the | 13 | | district's minimal graduation requirements, which may be | 14 | | modified provided that the modifications are a result of | 15 | | scheduling issues and not a result of the student's academic | 16 | | failure. | 17 | | (d) If a student transfers to a new school district during | 18 | | his or her senior year and the receiving school district cannot | 19 | | make reasonable adjustments under this Section to ensure | 20 | | graduation, then the school district shall make every | 21 | | reasonable effort to ensure that the school district from where | 22 | | the student transfers issues the student a diploma. | 23 | | (e) Schools shall facilitate the opportunity for | 24 | | transitioning military children's inclusion in extracurricular | 25 | | activities, to the extent the children are otherwise qualified | 26 | | and space is available as determined by the school principal. |
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| 1 | | (f) A student whose parent or legal guardian is an active | 2 | | duty member of the uniformed services and has been called to | 3 | | duty for, is on leave from, or has immediately returned from | 4 | | deployment to a combat zone or combat-support posting must be | 5 | | granted additional absences, at the discretion of the school | 6 | | district's superintendent, to visit with his or her parent or | 7 | | legal guardian relative to such leave or deployment of the | 8 | | parent or guardian.
| 9 | | (Source: P.A. 96-953, eff. 6-28-10 .) | 10 | | (105 ILCS 70/40) | 11 | | (Section scheduled to be repealed on June 30, 2015)
| 12 | | Sec. 40. State coordination. | 13 | | (a) Each member state of the Interstate Commission on | 14 | | Educational Opportunity for Military Children shall, through | 15 | | the creation of a State Council or
use of an existing body or | 16 | | board, provide for the coordination among its
agencies of | 17 | | government, local education agencies, and military
| 18 | | installations concerning the State's participation in and | 19 | | compliance
with the compact and Interstate Commission | 20 | | activities. The State Council shall be comprised of the | 21 | | Illinois P-20 Council, a representative from a school district | 22 | | associated with U.S. Army Garrison - Rock Island Arsenal having | 23 | | the highest percentage of students who are children of active | 24 | | duty military personnel, a representative from a school | 25 | | district associated with Scott Air Force Base having the |
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| 1 | | highest percentage of students who are children of active duty | 2 | | military personnel, a representative from a school district | 3 | | associated with Naval Station Great Lakes having the highest | 4 | | percentage of students who are children of active duty military | 5 | | personnel, a representative from the school district with the | 6 | | highest percentage of students who are children of active duty | 7 | | military personnel not already represented in the State | 8 | | Council, representatives appointed by the Illinois P-20 | 9 | | Council from the 3 school districts in this State with the | 10 | | highest percentage of children from military families, and a | 11 | | one non-voting representative appointed by each active-duty | 12 | | military installation commander in this State. | 13 | | (b) The compact commissioner responsible for the | 14 | | administration and
management of the State's participation in | 15 | | the compact shall be
appointed by the State Council.
| 16 | | (Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12.) | 17 | | (105 ILCS 70/995 rep.) | 18 | | Section 20. The Educational Opportunity for Military | 19 | | Children Act is amended by repealing Section 995.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
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