96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0631


 
Introduced 2/6/2009, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		













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








    Amends the School Code.  Makes a technical change in a Section concerning the
compulsory school age.
















LRB096 06686 NHT 16770 b

















 


 


A BILL FOR









 











SB0631

LRB096 06686 NHT 16770 b






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 Section 
5
26-1 as follows:
 



6
    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)



7
    Sec. 26-1. Compulsory school age-Exemptions. Whoever has 
8
custody or control of any child between the
the ages of 7 and 
9
17

years (unless the child has already graduated from high 
10
school)
shall cause such child to attend some public school in 
11
the district
wherein the child resides the entire time it is in 
12
session during the
regular school term, except as provided in 
13
Section 10-19.1, and during a
required summer school program 
14
established under Section 10-22.33B; provided,
that
the 
15
following children shall not be required to attend the public 
16
schools:
17
        1. Any child attending a private or a parochial school 
18
    where children
are taught the branches of education taught 
19
    to children of corresponding
age and grade in the public 
20
    schools, and where the instruction of the child
in the 
21
    branches of education is in the English language;

22
        2. Any child who is physically or mentally unable to 
23
    attend school, such
disability being certified to the 
 


 






SB0631
- 2 -
LRB096 06686 NHT 16770 b




1
    county or district truant officer by a
competent physician 
2
    licensed in Illinois to practice medicine and surgery in 
3
    all its branches, an advanced practice nurse who has a 
4
    written collaborative agreement with a collaborating 
5
    physician that authorizes the advanced practice nurse to 
6
    perform health examinations, a physician assistant who has 
7
    been delegated the authority to perform health 
8
    examinations by  his or her supervising physician, or a 
9
    Christian Science practitioner residing in this
State and 
10
    listed in the Christian Science Journal; or who is excused 
11
    for
temporary absence for cause by
the principal or teacher 
12
    of the school which the child attends; the exemptions
in 
13
    this paragraph (2) do not apply to any female who is 
14
    pregnant or the
mother of one or more children, except 
15
    where a female is unable to attend
school due to a 
16
    complication arising from her pregnancy and the existence

17
    of such complication is certified to the county or district 
18
    truant officer
by a competent physician;

19
        3. Any child necessarily and lawfully employed 
20
    according to the
provisions of the law regulating child 
21
    labor may be excused from attendance
at school by the 
22
    county superintendent of schools or the superintendent of

23
    the public school which the child should be attending, on 
24
    certification of
the facts by and the recommendation of the 
25
    school board of the public
school district in which the 
26
    child resides. In districts having part time
continuation 
 


 






SB0631
- 3 -
LRB096 06686 NHT 16770 b




1
    schools, children so excused shall attend such schools at

2
    least 8 hours each week;

3
        4. Any child over 12 and under 14 years of age while in 
4
    attendance at
confirmation classes;

5
        5. Any child absent from a public school on a 
6
    particular day or days
or at a particular time of day for 
7
    the reason that he is unable to attend
classes or to 
8
    participate in any examination, study or work requirements 
9
    on
a particular day or days or at a particular time of day, 
10
    because the tenets
of his religion forbid secular activity 
11
    on a particular day or days or at a
particular time of day.  
12
    Each school board shall prescribe rules and
regulations 
13
    relative to absences for religious holidays including, but 
14
    not
limited to, a list of religious holidays on which it 
15
    shall be mandatory to
excuse a child; but nothing in this 
16
    paragraph 5 shall be construed to limit
the right of any 
17
    school board, at its discretion, to excuse an absence on

18
    any other day by reason of the observance of a religious 
19
    holiday.  A school
board may require the parent or guardian 
20
    of a child who is to be excused
from attending school due 
21
    to the observance of a religious holiday to give
notice, 
22
    not exceeding 5 days, of the child's absence to the school

23
    principal or other school personnel.  Any child excused from 
24
    attending
school under this paragraph 5 shall not be 
25
    required to submit a written
excuse for such absence after 
26
    returning to school; and
 


 






SB0631
- 4 -
LRB096 06686 NHT 16770 b




1
        6.  Any child 16 years of age or older who (i) submits 
2
    to a school district evidence of necessary and lawful 
3
    employment pursuant to paragraph 3 of this Section and (ii) 
4
    is enrolled in a graduation incentives program pursuant to 
5
    Section 26-16 of this Code or an alternative learning 
6
    opportunities program established pursuant to Article 13B 
7
    of this Code.


8
(Source: P.A. 93-858, eff. 1-1-05; 94-350, eff. 7-28-05.)