Public Act 102-0981
 
HB5488 EnrolledLRB102 25503 CMG 34791 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The School Code is amended  by changing Sections 
26-1, 26-2, and 26-2a as follows:
 


    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)



    Sec. 26-1. Compulsory school age; exemptions. Whoever has 
custody or control of any child (i) between the ages of 7 and 
17

years (unless the child has already graduated from high 
school) for school years before the 2014-2015 school year or 
(ii) between the ages
of 6 (on or before September 1) and 17 
years (unless the child has already graduated from high 
school) beginning with the 2014-2015 school year
shall cause 
such child to attend some public school in the district

wherein the child resides the entire time it is in session 
during the
regular school term, except as provided in Section 
10-19.1, and during a
required summer school program 
established under Section 10-22.33B; provided,
that
the 
following children shall not be required to attend the public 
schools:

        1. Any child attending a private or a parochial school 
    where children
are taught the branches of education taught 
    to children of corresponding
age and grade in the public 
    schools, and where the instruction of the child
in the 
    branches of education is in the English language;

        2. Any child who is physically or mentally unable to 
    attend school, such
disability being certified to the 
    county or district truant officer by a
competent physician 
    licensed in Illinois to practice medicine and surgery in 
    all its branches, a chiropractic physician licensed under 
    the Medical Practice Act of 1987, a licensed advanced 
    practice registered nurse, a licensed physician assistant, 
    or a Christian Science practitioner residing in this
State 
    and listed in the Christian Science Journal; or who is 
    excused for
temporary absence for cause by
the principal 
    or teacher of the school which the child attends, with 
    absence for cause by illness being required to include the 
    mental or behavioral health of the child for up to 5 days 
    for which the child need not provide a medical note, in 
    which case the child shall be given the opportunity to 
    make up any school work missed during the mental or 
    behavioral health absence and, after the second mental 
    health day used, may be referred to the appropriate school 
    support personnel; the exemptions
in this paragraph (2) do 
    not apply to any female who is pregnant or the
mother of 
    one or more children, except where a female is unable to 
    attend
school due to a complication arising from her 
    pregnancy and the existence
of such complication is 
    certified to the county or district truant officer
by a 
    competent physician;

        3. Any child necessarily and lawfully employed 
    according to the
provisions of the law regulating child 
    labor may be excused from attendance
at school by the 
    county superintendent of schools or the superintendent of

    the public school which the child should be attending, on 
    certification of
the facts by and the recommendation of 
    the school board of the public
school district in which 
    the child resides. In districts having part-time

    continuation schools, children so excused shall attend 
    such schools at
least 8 hours each week;

        4. Any child over 12 and under 14 years of age while in 
    attendance at
confirmation classes;

        5. Any child absent from a public school on a 
    particular day or days
or at a particular time of day for 
    the reason that he is unable to attend
classes or to 
    participate in any examination, study, or work 
    requirements on
a particular day or days or at a 
    particular time of day because of religious reasons, 
    including the observance of a religious holiday or 
    participation in religious instruction,  or because the 
    tenets
of his religion forbid secular activity on a 
    particular day or days or at a
particular time of day.  A 
    school
board may require the parent or guardian of a child 
    who is to be excused
from attending school because of 
    religious reasons to give
notice, not exceeding 5 days, of 
    the child's absence to the school
principal or other 
    school personnel.  Any child excused from attending
school 
    under this paragraph 5 shall not be required to submit a 
    written
excuse for such absence after returning to school. 
    A district superintendent shall develop and distribute to 
    schools appropriate procedures regarding a student's 
    absence for religious reasons, how schools are notified of 
    a student's impending absence for religious reasons, and 
    the requirements of Section 26-2b of this Code;
        6.  Any child 16 years of age or older who (i) submits 
    to a school district evidence of necessary and lawful 
    employment pursuant to paragraph 3 of this Section and 
    (ii) is enrolled in a graduation incentives program 
    pursuant to Section 26-16 of this Code or an alternative 
    learning opportunities program established pursuant to 
    Article 13B of this Code;

        7.  A child in any of grades 6 through 12 absent from a 
    public school on a particular day or days or at a 
    particular time of day for the purpose of sounding "Taps" 
    at a military honors funeral held in this State for a 
    deceased veteran. In order to be excused under this 
    paragraph 7, the student shall notify the school's 
    administration at least 2 days prior to the date of the 
    absence and shall provide the school's administration with 
    the date, time, and location of the military
honors 
    funeral.  The school's administration may waive this 2-day 
    notification requirement if the student did not receive at 
    least 2 days advance notice, but the student shall notify 
    the school's administration as soon as possible of the 
    absence.   A student whose absence is excused under this 
    paragraph 7 shall be counted as if the student attended 
    school for purposes of calculating the average daily 
    attendance of students in the school district. A student 
    whose absence is excused under this paragraph 7 must be 
    allowed a reasonable time to make up school work missed 
    during the absence.  If the student satisfactorily 
    completes the school work, the day of absence shall be 
    counted as a day of compulsory attendance and he or she may 
    not be penalized for that absence; and
        8.  Any child absent from a public school on a 
    particular day or days or at a particular time of day for 
    the reason that his or her parent or legal guardian is an 
    active duty member of the uniformed services and has been 
    called to duty for, is on leave from, or has immediately 
    returned from deployment to a combat zone or 
    combat-support postings.  Such a student shall be granted 5 
    days of excused absences in any school year and, at the 
    discretion of the school board, additional excused 
    absences to visit the student's parent or legal guardian 
    relative to such leave or deployment of the parent or 
    legal guardian. In the case of excused absences pursuant 
    to this paragraph 8, the student and parent or legal 
    guardian shall be responsible for obtaining assignments 
    from the student's teacher prior to any period of excused 
    absence and for ensuring that such assignments are 
    completed by the student prior to his or her return to 
    school from such period of excused absence. 
    Any child from a public middle school or high school, 
subject to guidelines established by the State Board of 
Education, shall be permitted by a school board one school 
day-long excused absence per school year for the child who is 
absent from school to engage in a civic event. The school board 
may require that the student provide reasonable advance notice 
of the intended absence to the appropriate school 
administrator and require that the student provide 
documentation of participation in a civic event to the 
appropriate school administrator. 
(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 
102-406, eff. 8-19-21; revised 9-28-21.)

 
    (105 ILCS 5/26-2)  (from Ch. 122, par. 26-2)
    Sec. 26-2. Enrolled pupils not of compulsory school age.

    (a) Any 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.


        (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.


        (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.


        (4) The student is provided with attendance 
    remediation services,
including
without limitation 
    assessment, counseling, and support services.


        (5) The student is absent without valid cause for 20% 
    or more of the
attendance
days in the current semester.


    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.)

 
 
    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
    (Text of Section before amendment by P.A. 102-466)
    Sec. 26-2a. A "truant" is defined as a child who is subject 
to compulsory school
attendance and who is absent without 
valid cause, as defined under this Section, from such 
attendance for more than 1% but less than 5% of the past 180 
school days.
    "Valid cause" for absence shall be illness, including the 
mental or behavioral health of the student, observance of a 
religious
holiday, death in the immediate family, attendance 
at a civic event,
or family emergency and shall include such 
other situations beyond the control
of the student, as 
determined by the board of education in each district,
or such 
other circumstances which cause reasonable concern to the 
parent
for the mental, emotional, or physical health or safety 
of the student.
    "Chronic or habitual truant" shall be defined as a child 
who is subject to compulsory
school attendance and who is 
absent without valid cause from such attendance
for 5% or more 
of the previous 180 regular attendance days.
    "Civic event" means an event sponsored by a non-profit 
organization or governmental entity that is open to the 
public. "Civic event" includes, but is not limited to, an 
artistic or cultural performance or educational gathering that 
supports the mission of the sponsoring non-profit 
organization. The State Board of Education may adopt rules to 
further define "civic event". 
    "Truant minor" is defined as a chronic truant to whom 
supportive
services, including prevention, diagnostic, 
intervention and remedial
services, alternative programs and 
other school and community resources
have been provided and 
have failed to result in the cessation of chronic
truancy, or 
have been offered and refused.
    A "dropout" is defined as any child enrolled in grades 9 
through 12 whose
name has been removed from the district 
enrollment roster for any reason
other than the student's 
death, extended illness, removal for medical non-compliance, 
expulsion, aging out, graduation, or completion of a
program 
of studies and who has not transferred to another public or 
private school and is not known to be home-schooled by his or 
her parents or guardians or continuing school in another 
country.
    "Religion" for the purposes of this Article, includes all 
aspects of
religious observance and practice, as well as 
belief.
(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; 
102-321, eff. 1-1-22.)
 
    (Text of Section after amendment by P.A. 102-466)
  
    Sec. 26-2a. A "truant" is defined as a child who is subject 
to compulsory school
attendance and who is absent without 
valid cause, as defined under this Section, from such 
attendance for more than 1% but less than 5% of the past 180 
school days.
    "Valid cause" for absence shall be illness, including the 
mental or behavioral health of the student, attendance at a 
verified medical or therapeutic appointment, appointment with 
a victim services provider, observance of a religious
holiday, 
death in the immediate family, attendance  at a civic event,
or 
family emergency and shall include such other situations 
beyond the control
of the student, as determined by the board 
of education in each district,
or such other circumstances 
which cause reasonable concern to the parent
for the mental, 
emotional, or physical health or safety of the student. For 
purposes of a student who is an expectant parent, or parent, or 
victim of domestic or sexual violence, "valid cause" for 
absence includes (i) the fulfillment of a parenting 
responsibility, including, but not limited to, arranging and 
providing child care, caring for a sick child, attending 
prenatal or other medical appointments for the expectant 
student, and attending medical appointments for a child, and 
(ii) addressing circumstances resulting from domestic or 
sexual violence, including, but not limited to, experiencing 
domestic or sexual violence, recovering from physical or 
psychological injuries, seeking medical attention, seeking 
services from a domestic or sexual violence organization, as 
defined in Article 26A, seeking psychological or other 
counseling, participating in safety planning, temporarily or 
permanently relocating, seeking legal assistance or remedies, 
or taking any other action to increase the safety or health of 
the student or to protect the student from future domestic or 
sexual violence. A school district may require a student to 
verify his or her claim of domestic or sexual violence under 
Section 26A-45 prior to the district approving a valid cause 
for an absence of 3 or more consecutive days that is related to 
domestic or sexual violence. 
    "Chronic or habitual truant" shall be defined as a child 
who is subject to compulsory
school attendance and who is 
absent without valid cause from such attendance
for 5% or more 
of the previous 180 regular attendance days.
    "Civic event" means an event sponsored by a non-profit 
organization or governmental entity that is open to the 
public. "Civic event" includes, but is not limited to, an 
artistic or cultural performance or educational gathering that 
supports the mission of the sponsoring non-profit 
organization. The State Board of Education may adopt rules to 
further define "civic event". 
    "Truant minor" is defined as a chronic truant to whom 
supportive
services, including prevention, diagnostic, 
intervention and remedial
services, alternative programs and 
other school and community resources
have been provided and 
have failed to result in the cessation of chronic
truancy, or 
have been offered and refused.
    A "dropout" is defined as any child enrolled in grades 9 
through 12 whose
name has been removed from the district 
enrollment roster for any reason
other than the student's 
death, extended illness, removal for medical non-compliance, 
expulsion, aging out, graduation, or completion of a
program 
of studies and who has not transferred to another public or 
private school and is not known to be home-schooled by his or 
her parents or guardians or continuing school in another 
country.
    "Religion" for the purposes of this Article, includes all 
aspects of
religious observance and practice, as well as 
belief.
(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; 
102-321, eff. 1-1-22; 102-466, eff. 7-1-25; revised 9-23-21.)


 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.