Bill Text: IL HB1204 | 2023-2024 | 103rd General Assembly | Engrossed


Bill Title: Amends the School Code. In provisions concerning the school guidance counselor gift ban, changes references from "guidance counselor" to "school counselor". Provides that the gift ban does not apply to travel, lodging, food, and beverage costs incurred by the school counselor and paid by an institution of higher education for attendance by the school counselor of an educational or military program at the institution of higher education. Provides that any costs paid for by an institution of higher education may not exceed the per diem rates for travel, gift, and car expenses set by the federal Internal Revenue Service and referenced in the Internal Revenue Service's Publication 463 or a successor publication. Defines "institution of higher education". Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-06-26 - Rule 19(a) / Re-referred to Rules Committee [HB1204 Detail]

Download: Illinois-2023-HB1204-Engrossed.html



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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
526-1 as follows:
6 (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
7 Sec. 26-1. Compulsory school age; exemptions. Whoever has
8custody or control of any child (i) between the ages of 7 and
917 years (unless the child has already graduated from high
10school) for school years before the 2014-2015 school year or
11(ii) between the ages of 6 (on or before September 1) and 17
12years (unless the child has already graduated from high
13school) beginning with the 2014-2015 school year shall cause
14such child to attend some public school in the district
15wherein the child resides the entire time it is in session
16during the regular school term, except as provided in Section
1710-19.1, and during a required summer school program
18established under Section 10-22.33B; provided, that the
19following children shall not be required to attend the public
20schools:
21 1. Any child attending a private or a parochial school
22 where children are taught the branches of education taught
23 to children of corresponding age and grade in the public

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1 schools, and where the instruction of the child in the
2 branches of education is in the English language;
3 2. Any child who is physically or mentally unable to
4 attend school, such disability being certified to the
5 county or district truant officer by a competent physician
6 licensed in Illinois to practice medicine and surgery in
7 all its branches, a chiropractic physician licensed under
8 the Medical Practice Act of 1987, a licensed advanced
9 practice registered nurse, a licensed physician assistant,
10 or a Christian Science practitioner residing in this State
11 and listed in the Christian Science Journal; or who is
12 excused for temporary absence for cause by the principal
13 or teacher of the school which the child attends, with
14 absence for cause by illness being required to include the
15 mental or behavioral health of the child for up to 5 days
16 for which the child need not provide a medical note, in
17 which case the child shall be given the opportunity to
18 make up any school work missed during the mental or
19 behavioral health absence and, after the second mental
20 health day used, may be referred to the appropriate school
21 support personnel; the exemptions in this paragraph (2) do
22 not apply to any female who is pregnant or the mother of
23 one or more children, except where a female is unable to
24 attend school due to a complication arising from her
25 pregnancy and the existence of such complication is
26 certified to the county or district truant officer by a

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1 competent physician;
2 3. Any child necessarily and lawfully employed
3 according to the provisions of the law regulating child
4 labor may be excused from attendance at school by the
5 county superintendent of schools or the superintendent of
6 the public school which the child should be attending, on
7 certification of the facts by and the recommendation of
8 the school board of the public school district in which
9 the child resides. In districts having part-time
10 continuation schools, children so excused shall attend
11 such schools at least 8 hours each week;
12 4. Any child over 12 and under 14 years of age while in
13 attendance at confirmation classes;
14 5. Any child absent from a public school on a
15 particular day or days or at a particular time of day for
16 the reason that he is unable to attend classes or to
17 participate in any examination, study, or work
18 requirements on a particular day or days or at a
19 particular time of day because of religious reasons,
20 including the observance of a religious holiday or
21 participation in religious instruction, or because the
22 tenets of his religion forbid secular activity on a
23 particular day or days or at a particular time of day. A
24 school board may require the parent or guardian of a child
25 who is to be excused from attending school because of
26 religious reasons to give notice, not exceeding 5 days, of

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1 the child's absence to the school principal or other
2 school personnel. Any child excused from attending school
3 under this paragraph 5 shall not be required to submit a
4 written excuse for such absence after returning to school.
5 A district superintendent shall develop and distribute to
6 schools appropriate procedures regarding a student's
7 absence for religious reasons, how schools are notified of
8 a student's impending absence for religious reasons, and
9 the requirements of Section 26-2b of this Code;
10 6. Any child 16 years of age or older who (i) submits
11 to a school district evidence of necessary and lawful
12 employment pursuant to paragraph 3 of this Section and
13 (ii) is enrolled in a graduation incentives program
14 pursuant to Section 26-16 of this Code or an alternative
15 learning opportunities program established pursuant to
16 Article 13B of this Code;
17 7. A child in any of grades 6 through 12 absent from a
18 public school on a particular day or days or at a
19 particular time of day for the purpose of sounding "Taps"
20 at a military honors funeral held in this State for a
21 deceased veteran. In order to be excused under this
22 paragraph 7, the student shall notify the school's
23 administration at least 2 days prior to the date of the
24 absence and shall provide the school's administration with
25 the date, time, and location of the military honors
26 funeral. The school's administration may waive this 2-day

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

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1 guardian shall be responsible for obtaining assignments
2 from the student's teacher prior to any period of excused
3 absence and for ensuring that such assignments are
4 completed by the student prior to his or her return to
5 school from such period of excused absence; and .
6 9. Any child absent from a public school on a
7 particular day or days or at a particular time of day to
8 attend the ceremonial induction into office of the child's
9 parent or legal guardian, anyone in the child's household,
10 the child's grandparents, siblings, or a close friend of
11 the child as a newly elected government official. In the
12 case of an excused absence pursuant to this paragraph 9,
13 the student and parent or legal guardian are responsible
14 for obtaining assignments from the student's teacher prior
15 to any period of excused absence and for ensuring that
16 such assignments are completed by the student prior to the
17 student's return to school from that period of excused
18 absence.
19 Any child from a public middle school or high school,
20subject to guidelines established by the State Board of
21Education, shall be permitted by a school board one school
22day-long excused absence per school year for the child who is
23absent from school to engage in a civic event. The school board
24may require that the student provide reasonable advance notice
25of the intended absence to the appropriate school
26administrator and require that the student provide

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1documentation of participation in a civic event to the
2appropriate school administrator.
3(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22;
4102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff.
51-1-23.)
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