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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB0440
LRB9102120NTsb
1 AN ACT to amend the School Code by changing Sections 26-2
2 and 26-2a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 26-2 and 26-2a as follows:
7 (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
8 Sec. 26-2. Enrolled pupils below 7 or over 16. Any
9 person having custody or control of a child who is below the
10 age of 7 years or above the age of 16 years and who is
11 enrolled in (i) any of grades 1 through 12, in the public
12 school until the 1999-2000 school year or (ii) for the
13 1999-2000 school year and each school year thereafter, any of
14 grades kindergarten through 12 in the public school shall
15 cause him to attend the public school in the district wherein
16 he resides when it is in session during the regular school
17 term unless he is excused under paragraphs 2, 3, 4 or 5 of
18 Section 26-1.
19 A school district shall deny reenrollment in its
20 secondary schools to any child above the age of 16 years who
21 has dropped out of school and who could not, because of age
22 and lack of credits, attend classes during the normal school
23 year and graduate before his or her twenty-first birthday.
24 No child shall be denied reenrollment for the above reasons
25 unless the school district first offers the child due process
26 as required in cases of expulsion under Section 10-22.6. If
27 a child is denied reenrollment after being provided with due
28 process, the school district must provide counseling to that
29 child and must direct that child to alternative educational
30 programs, including adult education programs, that lead to
31 graduation or receipt of a GED diploma. No child may be
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1 denied reenrollment in violation of the Individuals with
2 Disabilities Education Act or the Americans with Disabilities
3 Act.
4 (Source: P.A. 88-199; 88-555, eff. 7-27-94.)
5 (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
6 Sec. 26-2a. Until the 1999-2000 school year, a "truant"
7 is defined as a child subject to compulsory school attendance
8 and who is absent without valid cause from such attendance
9 for a school day or portion thereof. For the 1999-2000
10 school year and each school year thereafter, a "truant" is
11 defined as a child enrolled in any of grades kindergarten
12 through 12 whose attendance is required under Section 26-1 or
13 26-2, except a child who is 16 years of age or older, and who
14 is absent without valid cause from such attendance for a
15 school day or portion thereof.
16 "Valid cause" for absence shall be illness, observance of
17 a religious holiday, death in the immediate family, family
18 emergency, and shall include such other situations beyond the
19 control of the student as determined by the board of
20 education in each district, or such other circumstances which
21 cause reasonable concern to the parent for the safety or
22 health of the student.
23 Until the 1999-2000 school year, "chronic or habitual
24 truant" shall be defined as a child subject to compulsory
25 school attendance and who is absent without valid cause from
26 such attendance for 10% or more of the previous 180 regular
27 attendance days. For the 1999-2000 school year and each
28 school year thereafter, "chronic or habitual truant" shall be
29 defined as a child who is enrolled in any of grades
30 kindergarten through 12 whose attendance is required under
31 Section 26-1 or 26-2, except a child who is 16 years of age
32 or older, and who is absent without valid cause from such
33 attendance for 10% or more of the previous 180 regular
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1 attendance days.
2 "Truant minor" is defined as a chronic truant to whom
3 supportive services, including prevention, diagnostic,
4 intervention and remedial services, alternative programs and
5 other school and community resources have been provided and
6 have failed to result in the cessation of chronic truancy, or
7 have been offered and refused.
8 A "dropout" is defined as any child enrolled in grades
9 kindergarten 1 through 12 whose name has been removed from
10 the district enrollment roster for any reason other than his
11 death, extended illness, graduation or completion of a
12 program of studies and who has not transferred to another
13 public or private school.
14 "Religion" for the purposes of this Article, includes all
15 aspects of religious observance and practice, as well as
16 belief.
17 (Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.