Public Act 094-0350
 		





SB1626 Enrolled
LRB094 08605 RAS 38812 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 
24-5, 24-6, and 26-1 as follows:
 



    (105 ILCS 5/24-5)  (from Ch. 122, par. 24-5)



    Sec. 24-5. Physical fitness and professional growth. 

    School boards shall require of new employees evidence of 
physical
fitness to perform duties assigned and freedom from 
communicable disease,
including tuberculosis. Such evidence 
shall consist of a physical
examination and a tuberculin skin 
test and, if appropriate, an x-ray, made
by a physician 
licensed in Illinois or any other state to practice medicine

and surgery in all its branches, an advanced practice nurse who 
has a written collaborative agreement with a collaborating 
physician that authorizes the advanced practice nurse to 
perform health examinations, or a physician assistant who has 
been delegated the authority to perform health examinations by 
his or her supervising physician not more than 90 days 
preceding time of
presentation to the board and cost of such 
examination shall rest with the
employee. The board may from 
time to time require an examination of any
employee by a 
physician licensed in Illinois to practice medicine and
surgery 
in all its branches, an advanced practice nurse who has a 
written collaborative agreement with a collaborating physician 
that authorizes the advanced practice nurse to perform health 
examinations, or a physician assistant who has been delegated 
the authority to perform health examinations by his or her 
supervising physician and shall pay the expenses thereof from 
school
funds. School boards may require teachers in their 
employ to furnish from
time to time evidence of continued 
professional growth.

(Source: P.A. 78-344.)

 



    (105 ILCS 5/24-6)  (from Ch. 122, par. 24-6)



    Sec. 24-6. Sick leave. The school boards of all school 
districts, including special charter
districts, but not 
including school districts in municipalities of 500,000
or 
more, shall grant their full-time teachers, and also shall 
grant
such of their other employees as are eligible to 
participate in the
Illinois Municipal Retirement Fund under the 
"600-Hour Standard"
established, or under such other 
eligibility participation standard as may
from time to time be 
established, by rules and regulations now or hereafter

promulgated by the Board of that Fund under Section 7-198 of 
the Illinois
Pension Code, as now or hereafter amended, sick 
leave
provisions not less in amount than 10 days at full pay in 
each school year.
If any such teacher or employee does not use 
the full amount of annual leave
thus allowed, the unused amount 
shall be allowed to accumulate to a minimum
available leave of 
180 days at full pay, including the leave of the current
year. 
Sick leave shall be interpreted to mean personal illness, 
quarantine
at home, or serious illness or death in the 
immediate family or household.
The school board may require a 
physician's certificate from a physician licensed in Illinois 
to practice medicine and surgery in all its branches, an 
advanced practice nurse who has a written collaborative 
agreement with a collaborating physician that authorizes the 
advanced practice nurse to perform health examinations, or a 
physician assistant who has been delegated the authority to 
perform health examinations by his or her supervising 
physician, or if the treatment
is by prayer or spiritual means, 
that of a spiritual adviser or
practitioner of such person's 
faith, as a basis for pay during leave after
an absence of 3 
days for personal illness, or as it may deem necessary in
other 
cases.  If the school board does require a physician's

certificate
or a certificate from a spiritual healer as a basis 
for pay during leave of
less than 3 days, the school board 
shall pay, from school funds, the
expenses incurred by the 
teachers or other employees in obtaining the certificate.

    If, by reason of any change in the boundaries of school 
districts, or by
reason of the creation of a new school 
district, the employment of a
teacher is transferred to a new 
or different board, the accumulated sick
leave of such teacher 
is not thereby lost, but is transferred to such new
or 
different district.

    For purposes of this Section, "immediate family" shall 
include parents,
spouse, brothers, sisters, children, 
grandparents, grandchildren,
parents-in-law, brothers-in-law, 
sisters-in-law, and legal guardians.

(Source: P.A. 86-838.)

 



    (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 between the ages of 7 and 17


years (unless the child has already graduated from high school)

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, 
an advanced practice nurse who has a written collaborative 
agreement with a collaborating physician that authorizes the 
advanced practice nurse to perform health examinations, a 
physician assistant who has been delegated the authority to 
perform health examinations by  his or her supervising 
physician, 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; 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 the tenets
of his 
religion forbid secular activity on a particular day or days or 
at a
particular time of day.  Each school board shall prescribe 
rules and
regulations relative to absences for religious 
holidays including, but not
limited to, a list of religious 
holidays on which it shall be mandatory to
excuse a child; but 
nothing in this paragraph 5 shall be construed to limit
the 
right of any school board, at its discretion, to excuse an 
absence on
any other day by reason of the observance of a 
religious holiday.  A school
board may require the parent or 
guardian of a child who is to be excused
from attending school 
due to the observance of a religious holiday 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; and
    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.


(Source: P.A. 93-858, eff. 1-1-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.