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| Public Act 100-0825 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
26-2 and 26-12 as follows: | ||||
(105 ILCS 5/26-2) (from Ch. 122, par. 26-2) | ||||
Sec. 26-2. Enrolled pupils not of compulsory school age.
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(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
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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.
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(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
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due process as required in cases of expulsion under Section
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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.
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(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 academic standards if all
of the
following | ||
conditions are met:
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(1) The student achieved a grade point average of less | ||
than "D" (or its
equivalent)
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 | ||
failing academically and is subject to denial from
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enrollment for one semester unless a "D" average (or its | ||
equivalent) or better
is attained in the
current
semester.
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(3) The 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 an academic | ||
improvement plan and academic
remediation services.
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(5) The student fails to achieve a "D" average (or its | ||
equivalent) or
better in the current
semester.
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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:
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(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 academic or attendance
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standards.
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(d) No child may be denied enrollment or reenrollment under | ||
this
Section in violation
of the federal Individuals with | ||
Disabilities Education Act or the Americans with
Disabilities | ||
Act.
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(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
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educational progress and outcomes of reenrolled students as a | ||
subset of the
district's
required reporting on all enrollments.
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A reenrolled student who again drops out must not be counted | ||
again
against a district's dropout rate performance measure.
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The State
Board of Education shall set performance standards | ||
for programs serving
reenrolled
students.
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(f) The State Board of Education shall adopt any rules | ||
necessary to
implement the
changes to this Section made by | ||
Public Act 93-803.
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(Source: P.A. 98-544, eff. 7-1-14; 98-718, eff. 1-1-15.)
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(105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
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Sec. 26-12. Punitive action. No punitive action,
including | ||
out of school suspensions, expulsions, or court action, shall
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be taken against truant minors chronic truants for such truancy | ||
unless available supportive services
and other school | ||
resources have been provided to the student. Notwithstanding | ||
the provisions of Section 10-22.6 of this Code, a truant minor | ||
may not be expelled for nonattendance unless he or she has | ||
accrued 15 consecutive days of absences without valid cause and | ||
the student cannot be located by the school district or the | ||
school district has located the student but cannot, after | ||
exhausting all available support services, compel the student | ||
to return to school.
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(Source: P.A. 85-234.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2017.
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