Bill Amendment: IL HB5434 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-ENROLLMENT-CONFIRMATION
Status: 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5434 Detail]
Download: Illinois-2023-HB5434-House_Amendment_002.html
Bill Title: SCH CD-ENROLLMENT-CONFIRMATION
Status: 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5434 Detail]
Download: Illinois-2023-HB5434-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 5434 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5434, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by changing | ||||||
6 | Sections 2-3.13a, 26-2a, and 26-12 as follows:
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7 | (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a) | ||||||
8 | Sec. 2-3.13a. School records; transferring students. | ||||||
9 | (a) The State Board of Education shall establish and | ||||||
10 | implement rules requiring all of the public schools and all | ||||||
11 | private or nonpublic elementary and secondary schools located | ||||||
12 | in this State, whenever any such school has a student who is | ||||||
13 | transferring to any other public elementary or secondary | ||||||
14 | school located in this or in any other state, to forward within | ||||||
15 | 10 days of notice of the student's transfer an unofficial | ||||||
16 | record of that student's grades to the school to which such |
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1 | student is transferring. Each public school at the same time | ||||||
2 | also shall forward to the school to which the student is | ||||||
3 | transferring the remainder of the student's school student | ||||||
4 | records as required by the Illinois School Student Records | ||||||
5 | Act. In addition, if a student is transferring from a public | ||||||
6 | school, whether located in this or any other state, from which | ||||||
7 | the student has been suspended or expelled for knowingly | ||||||
8 | possessing in a school building or on school grounds a weapon | ||||||
9 | as defined in the Gun Free Schools Act (20 U.S.C. 8921 et | ||||||
10 | seq.), for knowingly possessing, selling, or delivering in a | ||||||
11 | school building or on school grounds a controlled substance or | ||||||
12 | cannabis, or for battering a staff member of the school, and if | ||||||
13 | the period of suspension or expulsion has not expired at the | ||||||
14 | time the student attempts to transfer into another public | ||||||
15 | school in the same or any other school district: (i) any school | ||||||
16 | student records required to be transferred shall include the | ||||||
17 | date and duration of the period of suspension or expulsion; | ||||||
18 | and (ii) with the exception of transfers into the Department | ||||||
19 | of Juvenile Justice school district, the student shall not be | ||||||
20 | permitted to attend class in the public school into which he or | ||||||
21 | she is transferring until the student has served the entire | ||||||
22 | period of the suspension or expulsion imposed by the school | ||||||
23 | from which the student is transferring, provided that the | ||||||
24 | school board may approve the placement of the student in an | ||||||
25 | alternative school program established under Article 13A of | ||||||
26 | this Code. A school district may adopt a policy providing that |
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1 | if a student is suspended or expelled for any reason from any | ||||||
2 | public or nonpublic private school in this or any other state, | ||||||
3 | the student must complete the entire term of the suspension or | ||||||
4 | expulsion before being admitted into the school district. This | ||||||
5 | policy may allow placement of the student in an alternative | ||||||
6 | school program established under Article 13A of this Code, if | ||||||
7 | available, for the remainder of the suspension or expulsion. | ||||||
8 | Each public school and each private or nonpublic elementary or | ||||||
9 | secondary school in this State shall within 10 days after the | ||||||
10 | student has paid all of his or her outstanding fines and fees | ||||||
11 | and at its own expense forward an official transcript of the | ||||||
12 | scholastic records of each student transferring from that | ||||||
13 | school in strict accordance with the provisions of this | ||||||
14 | Section and the rules established by the State Board of | ||||||
15 | Education as herein provided. | ||||||
16 | (b) The State Board of Education shall develop a one-page | ||||||
17 | standard form that Illinois school districts are required to | ||||||
18 | provide to any student who is moving out of the school district | ||||||
19 | and that contains the information about whether or not the | ||||||
20 | student is "in good standing" and whether or not his or her | ||||||
21 | medical records are up-to-date and complete. As used in this | ||||||
22 | Section, "in good standing" means that the student is not | ||||||
23 | being disciplined by a suspension or expulsion, but is | ||||||
24 | entitled to attend classes. No school district is required to | ||||||
25 | admit a new student who is transferring from another Illinois | ||||||
26 | school district unless he or she can produce the standard form |
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1 | from the student's previous school district enrollment. No | ||||||
2 | school district is required to admit a new student who is | ||||||
3 | transferring from an out-of-state public school unless the | ||||||
4 | parent or guardian of the student certifies in writing that | ||||||
5 | the student is not currently serving a suspension or expulsion | ||||||
6 | imposed by the school from which the student is transferring. | ||||||
7 | (b-5) A school district that has a student transferring to | ||||||
8 | any other public or nonpublic elementary or secondary school | ||||||
9 | or school district located in this State or in any other state | ||||||
10 | may not remove the student from the school district enrollment | ||||||
11 | roster until the school district receives written notification | ||||||
12 | from the school or school district to which the student is | ||||||
13 | transferring documenting that the student has enrolled there. | ||||||
14 | The notification may include a request from the school or | ||||||
15 | school district to which the student is transferring seeking | ||||||
16 | the student's academic transcripts or medical records or | ||||||
17 | signed documentation from the parent or guardian that the | ||||||
18 | parent or guardian is educating the student at home. If the | ||||||
19 | school district has not received the required written | ||||||
20 | notification and the student has accrued 15 consecutive days | ||||||
21 | of absence without valid cause, then Section 26-12 shall | ||||||
22 | apply. | ||||||
23 | (c) The State Board of Education shall, by rule, establish | ||||||
24 | a system to provide for the accurate tracking of transfer | ||||||
25 | students. This system shall, at a minimum, require that a | ||||||
26 | student who has been removed from the district's enrollment |
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1 | roster be counted as a dropout in the calculation of a school's | ||||||
2 | or school district's annual student dropout rate unless the | ||||||
3 | school or school district to which the student transferred | ||||||
4 | (known hereafter in this subsection (c) as the transferee | ||||||
5 | school or school district) sends notification to the school or | ||||||
6 | school district from which the student transferred (known | ||||||
7 | hereafter in this subsection (c) as the transferor school or | ||||||
8 | school district) documenting that the student has enrolled in | ||||||
9 | the transferee school or school district. This notification | ||||||
10 | must occur on or before July 31 following the school year | ||||||
11 | during which the student withdraws from the transferor school | ||||||
12 | or school district or the student shall be counted in the | ||||||
13 | calculation of the transferor school's or school district's | ||||||
14 | annual student dropout rate. A request by the transferee | ||||||
15 | school or school district to the transferor school or school | ||||||
16 | district seeking the student's academic transcripts or medical | ||||||
17 | records shall be considered without limitation adequate | ||||||
18 | documentation of enrollment. Each transferor school or school | ||||||
19 | district shall keep documentation of such transfer students | ||||||
20 | for the minimum period provided in the Illinois School Student | ||||||
21 | Records Act. All records indicating the school or school | ||||||
22 | district to which a student transferred are subject to the | ||||||
23 | Illinois School Student Records Act. | ||||||
24 | (Source: P.A. 96-1423, eff. 8-3-10.)
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25 | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) |
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1 | (Text of Section before amendment by 102-466 ) | ||||||
2 | Sec. 26-2a. A "truant" is defined as a child who is subject | ||||||
3 | to compulsory school attendance and who is absent without | ||||||
4 | valid cause, as defined under this Section, from such | ||||||
5 | attendance for more than 1% but less than 5% of the past 180 | ||||||
6 | school days. | ||||||
7 | "Valid cause" for absence shall be illness, including the | ||||||
8 | mental or behavioral health of the student, observance of a | ||||||
9 | religious holiday, death in the immediate family, attendance | ||||||
10 | at a civic event, or family emergency and shall include such | ||||||
11 | other situations beyond the control of the student, as | ||||||
12 | determined by the board of education in each district, or such | ||||||
13 | other circumstances which cause reasonable concern to the | ||||||
14 | parent for the mental, emotional, or physical health or safety | ||||||
15 | of the student. | ||||||
16 | "Chronic or habitual truant" shall be defined as a child | ||||||
17 | who is subject to compulsory school attendance and who is | ||||||
18 | absent without valid cause from such attendance for 5% or more | ||||||
19 | of the previous 180 regular attendance days. | ||||||
20 | "Civic event" means an event sponsored by a non-profit | ||||||
21 | organization or governmental entity that is open to the | ||||||
22 | public. "Civic event" includes, but is not limited to, an | ||||||
23 | artistic or cultural performance or educational gathering that | ||||||
24 | supports the mission of the sponsoring non-profit | ||||||
25 | organization. The State Board of Education may adopt rules to | ||||||
26 | further define "civic event". |
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1 | "Truant minor" is defined as a chronic truant to whom | ||||||
2 | supportive services, including prevention, diagnostic, | ||||||
3 | intervention and remedial services, alternative programs and | ||||||
4 | other school and community resources have been provided and | ||||||
5 | have failed to result in the cessation of chronic truancy, or | ||||||
6 | have been offered and refused. | ||||||
7 | A "dropout" is defined as any child enrolled in grades 9 | ||||||
8 | through 12 whose name has been removed from the district | ||||||
9 | enrollment roster for any reason other than the student's | ||||||
10 | death, extended illness, removal for medical non-compliance, | ||||||
11 | expulsion, aging out, graduation, or completion of a program | ||||||
12 | of studies and who has not transferred to another public or | ||||||
13 | nonpublic private school and is not known to be home-schooled | ||||||
14 | by his or her parents or guardians or continuing school in | ||||||
15 | another country. | ||||||
16 | "Religion" for the purposes of this Article, includes all | ||||||
17 | aspects of religious observance and practice, as well as | ||||||
18 | belief. | ||||||
19 | (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; | ||||||
20 | 102-321, eff. 1-1-22; 102-813, eff. 5-13-22; 102-981, eff. | ||||||
21 | 1-1-23.)
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22 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
23 | Sec. 26-2a. A "truant" is defined as a child who is subject | ||||||
24 | to compulsory school attendance and who is absent without | ||||||
25 | valid cause, as defined under this Section, from such |
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1 | attendance for more than 1% but less than 5% of the past 180 | ||||||
2 | school days. | ||||||
3 | "Valid cause" for absence shall be illness, including the | ||||||
4 | mental or behavioral health of the student, attendance at a | ||||||
5 | verified medical or therapeutic appointment, appointment with | ||||||
6 | a victim services provider, observance of a religious holiday, | ||||||
7 | death in the immediate family, attendance at a civic event, or | ||||||
8 | family emergency and shall include such other situations | ||||||
9 | beyond the control of the student, as determined by the board | ||||||
10 | of education in each district, or such other circumstances | ||||||
11 | which cause reasonable concern to the parent for the mental, | ||||||
12 | emotional, or physical health or safety of the student. For | ||||||
13 | purposes of a student who is an expectant parent, or parent, or | ||||||
14 | victim of domestic or sexual violence, "valid cause" for | ||||||
15 | absence includes (i) the fulfillment of a parenting | ||||||
16 | responsibility, including, but not limited to, arranging and | ||||||
17 | providing child care, caring for a sick child, attending | ||||||
18 | prenatal or other medical appointments for the expectant | ||||||
19 | student, and attending medical appointments for a child, and | ||||||
20 | (ii) addressing circumstances resulting from domestic or | ||||||
21 | sexual violence, including, but not limited to, experiencing | ||||||
22 | domestic or sexual violence, recovering from physical or | ||||||
23 | psychological injuries, seeking medical attention, seeking | ||||||
24 | services from a domestic or sexual violence organization, as | ||||||
25 | defined in Article 26A, seeking psychological or other | ||||||
26 | counseling, participating in safety planning, temporarily or |
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1 | permanently relocating, seeking legal assistance or remedies, | ||||||
2 | or taking any other action to increase the safety or health of | ||||||
3 | the student or to protect the student from future domestic or | ||||||
4 | sexual violence. A school district may require a student to | ||||||
5 | verify his or her claim of domestic or sexual violence under | ||||||
6 | Section 26A-45 prior to the district approving a valid cause | ||||||
7 | for an absence of 3 or more consecutive days that is related to | ||||||
8 | domestic or sexual violence. | ||||||
9 | "Chronic or habitual truant" shall be defined as a child | ||||||
10 | who is subject to compulsory school attendance and who is | ||||||
11 | absent without valid cause from such attendance for 5% or more | ||||||
12 | of the previous 180 regular attendance days. | ||||||
13 | "Civic event" means an event sponsored by a non-profit | ||||||
14 | organization or governmental entity that is open to the | ||||||
15 | public. "Civic event" includes, but is not limited to, an | ||||||
16 | artistic or cultural performance or educational gathering that | ||||||
17 | supports the mission of the sponsoring non-profit | ||||||
18 | organization. The State Board of Education may adopt rules to | ||||||
19 | further define "civic event". | ||||||
20 | "Truant minor" is defined as a chronic truant to whom | ||||||
21 | supportive services, including prevention, diagnostic, | ||||||
22 | intervention and remedial services, alternative programs and | ||||||
23 | other school and community resources have been provided and | ||||||
24 | have failed to result in the cessation of chronic truancy, or | ||||||
25 | have been offered and refused. | ||||||
26 | A "dropout" is defined as any child enrolled in grades 9 |
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1 | through 12 whose name has been removed from the district | ||||||
2 | enrollment roster for any reason other than the student's | ||||||
3 | death, extended illness, removal for medical non-compliance, | ||||||
4 | expulsion, aging out, graduation, or completion of a program | ||||||
5 | of studies and who has not transferred to another public or | ||||||
6 | nonpublic private school and is not known to be home-schooled | ||||||
7 | by his or her parents or guardians or continuing school in | ||||||
8 | another country. | ||||||
9 | "Religion" for the purposes of this Article, includes all | ||||||
10 | aspects of religious observance and practice, as well as | ||||||
11 | belief. | ||||||
12 | (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; | ||||||
13 | 102-321, eff. 1-1-22; 102-466, eff. 7-1-25; 102-813, eff. | ||||||
14 | 5-13-22; 102-981, eff. 1-1-23 .)
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15 | (105 ILCS 5/26-12) (from Ch. 122, par. 26-12) | ||||||
16 | Sec. 26-12. Punitive action. | ||||||
17 | (a) No punitive action, including out-of-school | ||||||
18 | suspensions, expulsions, or court action, shall be taken | ||||||
19 | against truant minors for such truancy unless appropriate and | ||||||
20 | available supportive services and other school resources have | ||||||
21 | been provided to the student. Notwithstanding the provisions | ||||||
22 | of Section 10-22.6 of this Code and except as otherwise | ||||||
23 | provided in this subsection (a) , a truant minor may not be | ||||||
24 | expelled for nonattendance unless (i) the student he or she | ||||||
25 | has accrued a minimum of 15 consecutive days of absences |
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1 | without valid cause , (ii) and the student cannot be located by | ||||||
2 | the school district or the school district has located the | ||||||
3 | student but cannot, after exhausting all available supportive | ||||||
4 | services, compel the student to return to school , and (iii) | ||||||
5 | the school district has documented that the truant officer or, | ||||||
6 | in a school district that does not have a truant officer, the | ||||||
7 | regional superintendent of schools or the regional | ||||||
8 | superintendent's designee was unable to locate the student or | ||||||
9 | was unable to compel the student to return to school. A school | ||||||
10 | district may not expel a student for nonattendance, regardless | ||||||
11 | of the number of days of unexcused absences, if the student or | ||||||
12 | the student's parent or guardian has indicated to the district | ||||||
13 | an intent for the student to return to school by a specified | ||||||
14 | date and the student returns on or before that date . | ||||||
15 | (b) A school district may not refer a truant, chronic | ||||||
16 | truant, or truant minor to any other local public entity, as | ||||||
17 | defined under Section 1-206 of the Local Governmental and | ||||||
18 | Governmental Employees Tort Immunity Act, for that local | ||||||
19 | public entity to issue the child a fine or a fee as punishment | ||||||
20 | for his or her truancy. | ||||||
21 | (c) A school district may refer any person having custody | ||||||
22 | or control of a truant, chronic truant, or truant minor to any | ||||||
23 | other local public entity, as defined under Section 1-206 of | ||||||
24 | the Local Governmental and Governmental Employees Tort | ||||||
25 | Immunity Act, for that local public entity to issue the person | ||||||
26 | a fine or fee for the child's truancy only if the school |
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1 | district's truant officer, regional office of education, or | ||||||
2 | intermediate service center has been notified of the truant | ||||||
3 | behavior and the school district, regional office of | ||||||
4 | education, or intermediate service center has offered all | ||||||
5 | appropriate and available supportive services and other school | ||||||
6 | resources to the child. Before a school district may refer a | ||||||
7 | person having custody or control of a child to a municipality, | ||||||
8 | as defined under Section 1-1-2 of the Illinois Municipal Code, | ||||||
9 | the school district must provide the following appropriate and | ||||||
10 | available services: | ||||||
11 | (1) For any child who is a homeless child, as defined | ||||||
12 | under Section 1-5 of the Education for Homeless Children | ||||||
13 | Act, a meeting between the child, the person having | ||||||
14 | custody or control of the child, relevant school | ||||||
15 | personnel, and a homeless liaison to discuss any barriers | ||||||
16 | to the child's attendance due to the child's transitional | ||||||
17 | living situation and to construct a plan that removes | ||||||
18 | these barriers. | ||||||
19 | (2) For any child with a documented disability, a | ||||||
20 | meeting between the child, the person having custody or | ||||||
21 | control of the child, and relevant school personnel to | ||||||
22 | review the child's current needs and address the | ||||||
23 | appropriateness of the child's placement and services. For | ||||||
24 | any child subject to Article 14 of this Code, this meeting | ||||||
25 | shall be an individualized education program meeting and | ||||||
26 | shall include relevant members of the individualized |
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1 | education program team. For any child with a disability | ||||||
2 | under Section 504 of the federal Rehabilitation Act of | ||||||
3 | 1973 (29 U.S.C. 794), this meeting shall be a Section 504 | ||||||
4 | plan review and include relevant members of the Section | ||||||
5 | 504 plan team. | ||||||
6 | (3) For any child currently being evaluated by a | ||||||
7 | school district for a disability or for whom the school | ||||||
8 | has a basis of knowledge that the child is a child with a | ||||||
9 | disability under 20 U.S.C. 1415(k)(5), the completion of | ||||||
10 | the evaluation and determination of the child's | ||||||
11 | eligibility for special education services. | ||||||
12 | (d) Before a school district may refer a person having | ||||||
13 | custody or control of a child to a local public entity under | ||||||
14 | this Section, the school district must document any | ||||||
15 | appropriate and available supportive services offered to the | ||||||
16 | child. In the event a meeting under this Section does not | ||||||
17 | occur, a school district must have documentation that it made | ||||||
18 | reasonable efforts to convene the meeting at a mutually | ||||||
19 | convenient time and date for the school district and the | ||||||
20 | person having custody or control of the child and, but for the | ||||||
21 | conduct of that person, the meeting would have occurred. | ||||||
22 | (Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18; | ||||||
23 | 101-81, eff. 7-12-19.)
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24 | Section 95. No acceleration or delay. Where this Act makes | ||||||
25 | changes in a statute that is represented in this Act by text |
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