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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 Sections | ||||||
| 5 | 26-8, 26-10, and 26-13 as follows:
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| 6 | (105 ILCS 5/26-8) (from Ch. 122, par. 26-8)
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| 7 | Sec. 26-8. Determination as to compliance - Complaint in | ||||||
| 8 | circuit court.
A truant officer or, in a school district that | ||||||
| 9 | does not have a truant officer, the regional superintendent of | ||||||
| 10 | schools or his or her designee, after giving the notice | ||||||
| 11 | provided in Section 26-7, shall
determine whether the notice | ||||||
| 12 | has been complied with. If 3 notices have been given and the | ||||||
| 13 | notices have not
been complied with, and if the persons having | ||||||
| 14 | custody or control have knowingly
and willfully wilfully | ||||||
| 15 | permitted the truant behavior to continue, the regional | ||||||
| 16 | superintendent of schools, or his or her designee, of the | ||||||
| 17 | school district where the child resides shall conduct a truancy | ||||||
| 18 | hearing. If the regional superintendent determines as a result | ||||||
| 19 | of the hearing that the child is truant, the regional | ||||||
| 20 | superintendent shall, if age appropriate at the discretion of | ||||||
| 21 | the regional superintendent, require the student to complete 20 | ||||||
| 22 | to 40 hours of community service over a period of 90 days. If | ||||||
| 23 | the truancy persists, the regional superintendent shall (i) | ||||||
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| 1 | make complaint against the persons having custody or control to | ||||||
| 2 | the state's
attorney or in the circuit court in the county | ||||||
| 3 | where such person resides
for failure to comply with the | ||||||
| 4 | provisions of this Article or (ii) conduct truancy mediation | ||||||
| 5 | and encourage the student to enroll in a graduation incentives | ||||||
| 6 | program under Section 26-16 of this Code. If, however,
after | ||||||
| 7 | giving the notice provided in Section 26-7 the truant behavior | ||||||
| 8 | has
continued, and the child is beyond the control of the | ||||||
| 9 | parents, guardians
or custodians, a truancy petition shall be | ||||||
| 10 | filed under the provisions of
Article III of the Juvenile Court | ||||||
| 11 | Act of 1987.
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| 12 | (Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
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| 13 | (105 ILCS 5/26-10) (from Ch. 122, par. 26-10)
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| 14 | Sec. 26-10. Noncompliance. Fine for noncompliance.) Any | ||||||
| 15 | person having custody or control
of a child subject to the | ||||||
| 16 | provisions of this Article to whom notice has
been given of the | ||||||
| 17 | child's truancy and who knowingly and willfully wilfully | ||||||
| 18 | permits
such a child to persist in his or her truancy within | ||||||
| 19 | that school year may be required, upon a finding by the school | ||||||
| 20 | board of a violation of this Section, to complete a parent | ||||||
| 21 | education course, undergo family counseling, or engage in | ||||||
| 22 | another support service as agreed upon by the person having | ||||||
| 23 | custody or control of the child and the school board , upon | ||||||
| 24 | conviction
thereof shall be guilty of a Class C misdemeanor and | ||||||
| 25 | shall be subject to
not more than 30 days imprisonment and/or a | ||||||
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| 1 | fine of up to $500.
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| 2 | (Source: P.A. 80-908.)
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| 3 | (105 ILCS 5/26-13) (from Ch. 122, par. 26-13)
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| 4 | Sec. 26-13. Absenteeism and truancy policies. School | ||||||
| 5 | districts shall
adopt policies, consistent with rules adopted | ||||||
| 6 | by the State Board of
Education, which identify the appropriate | ||||||
| 7 | supportive services and available
resources which are provided | ||||||
| 8 | for truants and chronic truants and the persons having custody | ||||||
| 9 | or control of these children.
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| 10 | (Source: P.A. 84-1420.)
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