Bill Text: IL HB3784 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Compulsory Attendance Article of the School Code. In a Section concerning enrolled pupils not of compulsory school age, removes provisions that allow a school or school district to deny enrollment to a student 17 years of age or older for one semester for failure to meet minimum academic standards if certain conditions are met, and provides that no child may be denied reenrollment (instead of enrollment or reenrollment) under the Section in violation of the federal Individuals with Disabilities Education Act or the Americans with Disabilities Act. Prohibits punitive action from being taken against truant minors (rather than chronic truants) for such truancy unless available supportive services and other school resources have been provided to the student. Provides that 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. Effective July 1, 2017.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed) 2017-05-26 - Rule 3-9(a) / Re-referred to Assignments [HB3784 Detail]

Download: Illinois-2017-HB3784-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 Sections
526-2 and 26-12 as follows:
6 (105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
7 Sec. 26-2. Enrolled pupils not of compulsory school age.
8 (a) For school years before the 2014-2015 school year, any
9person having custody or control of a child who is below the
10age of 7 years or is 17 years of age or above and who is
11enrolled in any of grades kindergarten through 12 in the public
12school shall cause him to attend the public school in the
13district wherein he resides when it is in session during the
14regular school term, unless he is excused under paragraph 2, 3,
154, 5, or 6 of Section 26-1. Beginning with the 2014-2015 school
16year, any person having custody or control of a child who is
17below the age of 6 years or is 17 years of age or above and who
18is enrolled in any of grades kindergarten through 12 in the
19public school shall cause the child to attend the public school
20in the district wherein he or she resides when it is in session
21during the regular school term, unless the child is excused
22under paragraph 2, 3, 4, 5, or 6 of Section 26-1 of this Code.
23 (b) A school district shall deny reenrollment in its

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1secondary schools to any child 19 years of age or above who has
2dropped out of school and who could not, because of age and
3lack of credits, attend classes during the normal school year
4and graduate before his or her twenty-first birthday. A
5district may, however, enroll the child in a graduation
6incentives program under Section 26-16 of this Code or an
7alternative learning opportunities program established under
8Article 13B. No child shall be denied reenrollment for the
9above reasons unless the school district first offers the child
10due process as required in cases of expulsion under Section
1110-22.6. If a child is denied reenrollment after being provided
12with due process, the school district must provide counseling
13to that child and must direct that child to alternative
14educational programs, including adult education programs, that
15lead to graduation or receipt of a high school equivalency
16certificate.
17 (c) A school or school district may deny enrollment to a
18student 17 years of age or older for one semester for failure
19to meet minimum academic standards if all of the following
20conditions are met:
21 (1) The student achieved a grade point average of less
22 than "D" (or its equivalent) in the semester immediately
23 prior to the current semester.
24 (2) The student and the student's parent or guardian
25 are given written notice warning that the student is
26 failing academically and is subject to denial from

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1 enrollment for one semester unless a "D" average (or its
2 equivalent) or better is attained in the current semester.
3 (3) The parent or guardian is provided with the right
4 to appeal the notice, as determined by the State Board of
5 Education in accordance with due process.
6 (4) The student is provided with an academic
7 improvement plan and academic remediation services.
8 (5) The student fails to achieve a "D" average (or its
9 equivalent) or better in the current semester.
10 A school or school district may deny enrollment to a
11student 17 years of age or older for one semester for failure
12to meet minimum attendance standards if all of the following
13conditions are met:
14 (1) The student was absent without valid cause for 20%
15 or more of the attendance days in the semester immediately
16 prior to the current semester.
17 (2) The student and the student's parent or guardian
18 are given written notice warning that the student is
19 subject to denial from enrollment for one semester unless
20 the student is absent without valid cause less than 20% of
21 the attendance days in the current semester.
22 (3) The student's parent or guardian is provided with
23 the right to appeal the notice, as determined by the State
24 Board of Education in accordance with due process.
25 (4) The student is provided with attendance
26 remediation services, including without limitation

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1 assessment, counseling, and support services.
2 (5) The student is absent without valid cause for 20%
3 or more of the attendance days in the current semester.
4 A school or school district may not deny enrollment to a
5student (or reenrollment to a dropout) who is at least 17 years
6of age or older but below 19 years for more than one
7consecutive semester for failure to meet academic or attendance
8standards.
9 (d) No child may be denied enrollment or reenrollment under
10this Section in violation of the federal Individuals with
11Disabilities Education Act or the Americans with Disabilities
12Act.
13 (e) In this subsection (e), "reenrolled student" means a
14dropout who has reenrolled full-time in a public school. Each
15school district shall identify, track, and report on the
16educational progress and outcomes of reenrolled students as a
17subset of the district's required reporting on all enrollments.
18A reenrolled student who again drops out must not be counted
19again against a district's dropout rate performance measure.
20The State Board of Education shall set performance standards
21for programs serving reenrolled students.
22 (f) The State Board of Education shall adopt any rules
23necessary to implement the changes to this Section made by
24Public Act 93-803.
25(Source: P.A. 98-544, eff. 7-1-14; 98-718, eff. 1-1-15.)

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1 (105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
2 Sec. 26-12. Punitive action. No punitive action, including
3out of school suspensions, expulsions, or court action, shall
4be taken against truant minors chronic truants for such truancy
5unless available supportive services and other school
6resources have been provided to the student. Notwithstanding
7the provisions of Section 10-22.6 of this Code, a truant minor
8may not be expelled for nonattendance unless he or she has
9accrued 15 consecutive days of absences without valid cause and
10the student cannot be located by the school district or the
11school district has located the student but cannot, after
12exhausting all available support services, compel the student
13to return to school.
14(Source: P.A. 85-234.)
15 Section 99. Effective date. This Act takes effect July 1,
162017.
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