Bill Text: IL HB2460 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Pupils and Compulsory Attendance Article of the School Code. Provides that a child in any of grades 9 through 12 may be absent from public school on a particular day or days or at a particular time of day for the purpose of filing a Free Application for Federal Student Aid or other higher education scholarship, grant, or financial aid application. Provides that a school board may require the parent or guardian of the child to give notice, not exceeding 5 days, of the child's absence to the school principal or other school personnel. Provides that the child may be absent from public school for a maximum of 2 school days per school year. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2025-01-07 - Session Sine Die [HB2460 Detail]
Download: Illinois-2023-HB2460-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 26-1 as follows:
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6 | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
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7 | Sec. 26-1. Compulsory school age; exemptions. Whoever has | |||||||||||||||||||
8 | custody or control of any child (i) between the ages of 7 and | |||||||||||||||||||
9 | 17
years (unless the child has already graduated from high | |||||||||||||||||||
10 | school) for school years before the 2014-2015 school year or | |||||||||||||||||||
11 | (ii) between the ages
of 6 (on or before September 1) and 17 | |||||||||||||||||||
12 | years (unless the child has already graduated from high | |||||||||||||||||||
13 | school) beginning with the 2014-2015 school year
shall cause | |||||||||||||||||||
14 | such child to attend some public school in the district
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15 | wherein the child resides the entire time it is in session | |||||||||||||||||||
16 | during the
regular school term, except as provided in Section | |||||||||||||||||||
17 | 10-19.1, and during a
required summer school program | |||||||||||||||||||
18 | established under Section 10-22.33B; provided,
that
the | |||||||||||||||||||
19 | following children shall not be required to attend the public | |||||||||||||||||||
20 | schools:
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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;
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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;
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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
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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
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10 | continuation schools, children so excused shall attend | ||||||
11 | such schools at
least 8 hours each week;
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12 | 4. Any child over 12 and under 14 years of age while in | ||||||
13 | attendance at
confirmation classes;
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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;
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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. A child in any of grades 9 through 12 absent from | ||||||
7 | public school on a particular day or days
or at a | ||||||
8 | particular time of day for the purpose of filing a Free | ||||||
9 | Application for Federal Student Aid or other higher | ||||||
10 | education scholarship, grant, or financial aid | ||||||
11 | application. A school
board may require the parent or | ||||||
12 | guardian of a child who is to be excused
from attending | ||||||
13 | school under this paragraph 9 to give
notice, not | ||||||
14 | exceeding 5 days, of the child's absence to the school
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15 | principal or other school personnel. A child may be absent | ||||||
16 | from public school under this paragraph 9 for a maximum of | ||||||
17 | 2 school days per school year. | ||||||
18 | Any child from a public middle school or high school, | ||||||
19 | subject to guidelines established by the State Board of | ||||||
20 | Education, shall be permitted by a school board one school | ||||||
21 | day-long excused absence per school year for the child who is | ||||||
22 | absent from school to engage in a civic event. The school board | ||||||
23 | may require that the student provide reasonable advance notice | ||||||
24 | of the intended absence to the appropriate school | ||||||
25 | administrator and require that the student provide | ||||||
26 | documentation of participation in a civic event to the |
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1 | appropriate school administrator. | ||||||
2 | (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; | ||||||
3 | 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff. | ||||||
4 | 1-1-23 .)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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