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105 ILCS 5/26-2 (105 ILCS 5/26-2) (from Ch. 122, par. 26-2) Sec. 26-2. Enrolled pupils not of compulsory school age.
(a) For school years before the 2014-2015 school year, any person having custody or
control of a child who is below the age of 7 years or is 17 years of age or above
and who is enrolled in any of grades kindergarten through 12
in the public school shall
cause him to attend the public school in the district wherein he resides when
it is in session during the regular school term, unless he is excused under
paragraph 2, 3, 4, 5, or 6 of Section 26-1.
Beginning with the 2014-2015 school year, any person having
custody or control of a child who is below the age of 6 years or is 17 years of age or above and who is enrolled in any of grades kindergarten
through 12 in the public school shall cause the child to attend the public
school in the district wherein he or she resides when it is in session
during the regular school term, unless the child is excused under
paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
(b) A school district shall deny reenrollment in its secondary schools
to any
child 19 years of age or above who has dropped out of school
and who could
not, because of age and lack of credits, attend classes during the normal
school year and graduate before his or her twenty-first birthday.
A district may, however, enroll the child in a graduation incentives program under Section 26-16 of this Code or an alternative learning
opportunities program established
under Article 13B.
No
child shall be denied reenrollment for the above reasons
unless the school district first offers the child
due process as required in cases of expulsion under Section
10-22.6. If a child is denied reenrollment after being provided with due
process, the school district must provide counseling to that child and
must direct that child to
alternative educational
programs, including adult education programs, that lead to graduation or
receipt of a high school equivalency certificate.
(c)
A school or school district may deny enrollment to a student 17 years of age
or
older for one semester for failure to meet minimum attendance standards if all
of the
following conditions are met:
(1) The student was absent without valid cause for | | 20% or more of the attendance days in the semester immediately prior to the current semester.
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(2) The student and the student's parent or guardian
| | are given written notice warning that the student is subject to denial from enrollment for one semester unless the student is absent without valid cause less than 20% of the attendance days in the current semester.
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(3) The student's parent or guardian is provided with
| | the right to appeal the notice, as determined by the State Board of Education in accordance with due process.
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(4) The student is provided with attendance
| | remediation services, including without limitation assessment, counseling, and support services.
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(5) The student is absent without valid cause for 20%
| | 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 student (or
reenrollment
to a dropout) who is at least 17
years of age or older but below 19
years for more
than one consecutive semester for failure to meet attendance
standards.
(d) No child may be denied reenrollment under this
Section in violation
of the federal Individuals with Disabilities Education Act or the Americans with
Disabilities Act.
(e) In this subsection (e), "reenrolled student" means a dropout who has
reenrolled
full-time in a public school. Each school district shall identify, track, and
report on the
educational progress and outcomes of reenrolled students as a subset of the
district's
required reporting on all enrollments.
A reenrolled student who again drops out must not be counted again
against a district's dropout rate performance measure.
The State
Board of Education shall set performance standards for programs serving
reenrolled
students.
(f) The State Board of Education shall adopt any rules necessary to
implement the
changes to this Section made by Public Act 93-803.
(Source: P.A. 100-825, eff. 8-13-18.)
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