SB3774: SCH CD-ADMIN WITHDRAW-TRUANCY

SB3774 Enrolled LRB104 20683 LNS 34182 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing Section 5 26-12 as follows: 6 (105 ILCS 5/26-12) (from Ch. 122, par. 26-12) 7 Sec. 26-12. Punitive action. 8 (a) No punitive action, including out-of-school 9 suspensions, expulsions, or court action, shall be taken 10 against truant minors for such truancy unless appropriate and 11 available supportive services and other school resources have 12 been provided to the student. Notwithstanding the provisions 13 of Section 10-22.6 of this Code, a truant minor may not be 14 administratively withdrawn expelled for nonattendance unless 15 he or she has accrued 15 consecutive days of absences without 16 valid cause and the student cannot be located by the school 17 district or the school district has located the student but 18 cannot, after exhausting all available supportive services, 19 compel the student to return to school. A school district must 20 make at least 3 documented attempts to notify the parent or 21 guardian of its intent to administratively withdraw a student 22 pursuant to this subsection prior to withdrawing the student. 23 The State Board may further clarify the requirements of this SB3774 Enrolled - 2 - LRB104 20683 LNS 34182 b 1 subsection through administrative rules. 2 (b) School personnel may not refer a truant, chronic 3 truant, or truant minor to any other local public entity, as 4 defined under Section 1-206 of the Local Governmental and 5 Governmental Employees Tort Immunity Act, school resource 6 officer, as defined in Section 10-20.68 of this Code, or peace 7 officer, as defined in Section 2-13 of the Criminal Code of 8 2012, for that local public entity, school resource officer, 9 or peace officer to issue the child a fine or a fee as 10 punishment for his or her truancy. 11 (c) A school district may refer any person having custody 12 or control of a truant, chronic truant, or truant minor to any 13 other local public entity, as defined under Section 1-206 of 14 the Local Governmental and Governmental Employees Tort 15 Immunity Act, for that local public entity to issue the person 16 a fine or fee for the child's truancy only if the school 17 district's truant officer, regional office of education, or 18 intermediate service center has been notified of the truant 19 behavior and the school district, regional office of 20 education, or intermediate service center has offered all 21 appropriate and available supportive services and other school 22 resources to the child. Before a school district may refer a 23 person having custody or control of a child to a municipality, 24 as defined under Section 1-1-2 of the Illinois Municipal Code, 25 the school district must provide the following appropriate and 26 available services: SB3774 Enrolled - 3 - LRB104 20683 LNS 34182 b 1 (1) For any child who is a homeless child, as defined 2 under Section 1-5 of the Education for Homeless Children 3 Act, a meeting between the child, the person having 4 custody or control of the child, relevant school 5 personnel, and a homeless liaison to discuss any barriers 6 to the child's attendance due to the child's transitional 7 living situation and to construct a plan that removes 8 these barriers. 9 (2) For any child with a documented disability, a 10 meeting between the child, the person having custody or 11 control of the child, and relevant school personnel to 12 review the child's current needs and address the 13 appropriateness of the child's placement and services. For 14 any child subject to Article 14 of this Code, this meeting 15 shall be an individualized education program meeting and 16 shall include relevant members of the individualized 17 education program team. For any child with a disability 18 under Section 504 of the federal Rehabilitation Act of 19 1973 (29 U.S.C. 794), this meeting shall be a Section 504 20 plan review and include relevant members of the Section 21 504 plan team. 22 (3) For any child currently being evaluated by a 23 school district for a disability or for whom the school 24 has a basis of knowledge that the child is a child with a 25 disability under 20 U.S.C. 1415(k)(5), the completion of 26 the evaluation and determination of the child's SB3774 Enrolled - 4 - LRB104 20683 LNS 34182 b 1 eligibility for special education services. 2 (d) Before a school district may refer a person having 3 custody or control of a child to a local public entity under 4 this Section, the school district must document any 5 appropriate and available supportive services offered to the 6 child. In the event a meeting under this Section does not 7 occur, a school district must have documentation that it made 8 reasonable efforts to convene the meeting at a mutually 9 convenient time and date for the school district and the 10 person having custody or control of the child and, but for the 11 conduct of that person, the meeting would have occurred. 12 (Source: P.A. 104-430, eff. 8-20-25.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.