Bill Text: IL HB0169 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Compulsory Attendance of Pupils Article of the School Code. Provides that a child may be absent from a public school because of religious reasons, including the observance of a religious holiday or participation in religious instruction. Removes the provision that requires a school board to prescribe rules relative to absences for religious holidays, including a list of religious holidays on which it shall be mandatory to excuse a child's absence. Provides instead that a district superintendent shall develop and distribute to schools appropriate procedures with regard to an absence. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Passed) 2021-08-19 - Public Act . . . . . . . . . 102-0406 [HB0169 Detail]

Download: Illinois-2021-HB0169-Engrossed.html

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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
26-1 and 26-2b as follows:
(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 (i) between the ages of 7 and
17 years (unless the child has already graduated from high
school) for school years before the 2014-2015 school year or
(ii) between the ages of 6 (on or before September 1) and 17
years (unless the child has already graduated from high
school) beginning with the 2014-2015 school year 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

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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, a chiropractic physician licensed under
the Medical Practice Act of 1987, a licensed advanced
practice registered nurse, a licensed physician assistant,
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

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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 of religious reasons,
including the observance of a religious holiday or
participation in religious instruction, or , 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
because of religious reasons due to the observance of a
religious holiday to give notice, not exceeding 5 days, of

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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.
A district superintendent shall develop and distribute to
schools appropriate procedures regarding a student's
absence for religious reasons, how schools are notified of
a student's impending absence for religious reasons, and
the requirements of Section 26-2b of this Code;
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;
7. A child in any of grades 6 through 12 absent from a
public school on a particular day or days or at a
particular time of day for the purpose of sounding "Taps"
at a military honors funeral held in this State for a
deceased veteran. In order to be excused under this
paragraph 7, the student shall notify the school's
administration at least 2 days prior to the date of the
absence and shall provide the school's administration with
the date, time, and location of the military honors
funeral. The school's administration may waive this 2-day

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notification requirement if the student did not receive at
least 2 days advance notice, but the student shall notify
the school's administration as soon as possible of the
absence. A student whose absence is excused under this
paragraph 7 shall be counted as if the student attended
school for purposes of calculating the average daily
attendance of students in the school district. A student
whose absence is excused under this paragraph 7 must be
allowed a reasonable time to make up school work missed
during the absence. If the student satisfactorily
completes the school work, the day of absence shall be
counted as a day of compulsory attendance and he or she may
not be penalized for that absence; and
8. Any child absent from a public school on a
particular day or days or at a particular time of day for
the reason that his or her parent or legal guardian is an
active duty member of the uniformed services and has been
called to duty for, is on leave from, or has immediately
returned from deployment to a combat zone or
combat-support postings. Such a student shall be granted 5
days of excused absences in any school year and, at the
discretion of the school board, additional excused
absences to visit the student's parent or legal guardian
relative to such leave or deployment of the parent or
legal guardian. In the case of excused absences pursuant
to this paragraph 8, the student and parent or legal

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guardian shall be responsible for obtaining assignments
from the student's teacher prior to any period of excused
absence and for ensuring that such assignments are
completed by the student prior to his or her return to
school from such period of excused absence.
(Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17;
100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff.
8-14-18.)
(105 ILCS 5/26-2b) (from Ch. 122, par. 26-2b)
Sec. 26-2b. Any child enrolled in a public school who is
unable, because of the observance of a religious holiday, to
attend classes on a particular day or days or at a particular
time of day shall be excused from any examination or any study
or work assignments on such particular day or days or at such
particular time of day. It shall be the responsibility of the
teachers and of the administrative officials of each public
school to make available to each child who is absent from
school because of the observance of a religious holiday an
equivalent opportunity to make up any examination, study or
work requirements which he has missed because of such absence
on any particular day or days or at any particular time of day.
No special fees of any kind shall be charged to the child for
making available to such child such equivalent opportunity. No
adverse or prejudicial effects shall result to any child
because of his availing himself of the provisions of this

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Section.
The provisions of this Section shall apply only if the
rules and regulations of the school board promulgated pursuant
to paragraph 5 of Section 26-1 have been complied with.
(Source: P.A. 84-212.)