Bill Text: IL HB3099 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the contents of the bill with the following changes. Restores current law with respect to the provisions concerning a truant officer's determination as to compliance. Instead, provides that those provisions do not apply to the Chicago school district.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0456 [HB3099 Detail]

Download: Illinois-2021-HB3099-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3099 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
105 ILCS 5/26-8 from Ch. 122, par. 26-8
105 ILCS 5/34-4.5
705 ILCS 405/3-33.5
Amends the School Code and the Juvenile Court Act of 1987. Revises language to make certain actions permissible rather than mandatory with respect to truancy. Eliminates the requirement that the Chicago Board of Education establish an Office of Chronic Truant Adjudication. Instead, requires the chief executive officer or the chief executive officer's designee to implement a socio-emotional focused attendance approach that targets the underlying causes of chronic truancy. Makes changes concerning the Chicago school district's truancy intervention services for a pupil and the pupil's parent or guardian. Makes other changes, including changes concerning penalties.
LRB102 14245 CMG 19597 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB3099 LRB102 14245 CMG 19597 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
26-8 and 34-4.5 as follows:
(105 ILCS 5/26-8) (from Ch. 122, par. 26-8)
Sec. 26-8. Determination as to compliance - Complaint in
circuit court. A truant officer or, in a school district that
does not have a truant officer, the regional superintendent of
schools or his or her designee, after giving the notice
provided in Section 26-7, may shall determine whether the
notice has been complied with. If 3 notices have been given and
the notices have not been complied with, and if the persons
having custody or control have knowingly and willfully
wilfully permitted the truant behavior to continue, the
regional superintendent of schools, or his or her designee, of
the school district where the child resides may shall conduct
a truancy hearing. If the regional superintendent determines
as a result of the hearing that the child is truant, the
regional superintendent may shall, if age appropriate at the
discretion of the regional superintendent, require the student
to complete 20 to 40 hours of community service over a period
of 90 days. If the truancy persists, the regional

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superintendent may shall (i) make complaint against the
persons having custody or control to the state's attorney or
in the circuit court in the county where such person resides
for failure to comply with the provisions of this Article or
(ii) conduct truancy mediation and encourage the student to
enroll in a graduation incentives program under Section 26-16
of this Code. If, however, after giving the notice provided in
Section 26-7 the truant behavior has continued, and the child
is beyond the control of the parents, guardians or custodians,
a truancy petition may shall be filed under the provisions of
Article III of the Juvenile Court Act of 1987.
(Source: P.A. 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)
(105 ILCS 5/34-4.5)
Sec. 34-4.5. Chronic truants.
(a) Socio-emotional focused attendance intervention Office
of Chronic Truant Adjudication. The chief executive officer or
the chief executive officer's designee board shall implement a
socio-emotional focused attendance approach that targets the
underlying causes of chronic truancy. For each pupil
identified as a chronic truant, as defined in Section 26-2a of
this Code, the board may establish an individualized student
attendance plan to identify and resolve the underlying cause
of the pupil's chronic truancy. establish and implement an
Office of Chronic Truant Adjudication, which shall be
responsible for administratively adjudicating cases of chronic

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truancy and imposing appropriate sanctions. The board shall
appoint or employ hearing officers to perform the adjudicatory
functions of that Office. Principals and other appropriate
personnel may refer pupils suspected of being chronic truants,
as defined in Section 26-2a of this Code, to the Office of
Chronic Truant Adjudication.
(b) Notices. Prior to the implementation of any truancy
intervention services pursuant to subsection (d) of this
Section Before any hearing may be held under subsection (c),
the principal of the school attended by the pupil or the
principal's designee shall notify the pupil's parent or
guardian by personal visit, letter, or telephone of each
unexcused absence of the pupil. After giving the parent or
guardian notice of the tenth unexcused absence of the pupil,
the principal or the principal's designee shall send the
pupil's parent or guardian a letter, by certified mail, return
receipt requested, notifying the parent or guardian that he or
she is subjecting himself or herself to truancy intervention
services a hearing procedure as provided under subsection (d)
(c) and clearly describing any and all possible penalties that
may be imposed as provided for in subsections (d) and (e) of
this Section.
(c) (Blank). Hearing. Once a pupil has been referred to
the Office of Chronic Truant Adjudication, a hearing shall be
scheduled before an appointed hearing officer, and the pupil
and the pupil's parents or guardian shall be notified by

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certified mail, return receipt requested stating the time,
place, and purpose of the hearing. The hearing officer shall
hold a hearing and render a written decision within 14 days
determining whether the pupil is a chronic truant as defined
in Section 26-2a of this Code and whether the parent or
guardian took reasonable steps to assure the pupil's
attendance at school. The hearing shall be private unless a
public hearing is requested by the pupil's parent or guardian,
and the pupil may be present at the hearing with a
representative in addition to the pupil's parent or guardian.
The board shall present evidence of the pupil's truancy, and
the pupil and the parent or guardian or representative of the
pupil may cross examine witnesses, present witnesses and
evidence, and present defenses to the charges. All testimony
at the hearing shall be taken under oath administered by the
hearing officer. The decision of the hearing officer shall
constitute an "administrative decision" for purposes of
judicial review under the Administrative Review Law.
(d) Truancy intervention services Penalties. The chief
executive officer or the chief executive officer's designee
hearing officer may require the pupil or the pupil's parent or
guardian or both the pupil and the pupil's parent or guardian
to do any or all of the following: perform reasonable school or
community services for a period not to exceed 30 days;
complete a parenting education program; obtain counseling or
other supportive services; and comply with an individualized

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educational plan or service plan as provided by appropriate
school officials. If the parent or guardian of the chronic
truant shows that he or she took reasonable steps to ensure
insure attendance of the pupil at school, he or she shall not
be required to perform services.
(e) Non-compliance with services sanctions.
Notwithstanding any other provision of law to the contrary, if
If a pupil determined by the chief executive officer or the
chief executive officer's designee a hearing officer to be a
chronic truant or the parent or guardian of the pupil fails to
fully participate in the services offered comply with the
sanctions ordered by the hearing officer under subsection (d)
(c) of this Section, the chief executive officer or the chief
executive officer's designee Office of Chronic Truant
Adjudication may refer the matter to the Department of Human
Services, the Department of Healthcare and Family Services, or
any other applicable organization or State agency for
socio-emotional based intervention and prevention services.
Additionally, if the circumstances regarding a pupil
identified as a chronic truant reasonably indicate that the
pupil may be subject to abuse or neglect, apart from truancy,
the chief executive officer or the chief executive officer's
designee must report any findings that support suspected abuse
or neglect to the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act. A
State agency that receives a referral may enter into a data

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sharing agreement with the school district to share applicable
student referral and case data. A State agency that receives a
referral from the school district shall implement an intake
process that may include a consent form that allows the agency
to share information with the school district. the State's
Attorney for prosecution under Section 3-33.5 of the Juvenile
Court Act of 1987.
(f) Limitation on applicability. Nothing in this Section
shall be construed to apply to a parent or guardian of a pupil
not required to attend a public school pursuant to Section
26-1.
(Source: P.A. 94-1011, eff. 7-7-06.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 3-33.5 as follows:
(705 ILCS 405/3-33.5)
Sec. 3-33.5. Truant minors in need of supervision.
(a) Definition. A minor who is reported by the office of
the regional superintendent of schools, or, in cities of over
500,000 inhabitants, by the Office of Chronic Truant
Adjudication, as a chronic truant may be subject to a petition
for adjudication and adjudged a truant minor in need of
supervision, provided that prior to the filing of the
petition, the office of the regional superintendent of
schools, the Office of Chronic Truant Adjudication, or a

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community truancy review board certifies that the local school
has provided appropriate truancy intervention services to the
truant minor and his or her family. For purposes of this
Section, "truancy intervention services" means services
designed to assist the minor's return to an educational
program, and includes but is not limited to: assessments,
counseling, mental health services, shelter, optional and
alternative education programs, tutoring, and educational
advocacy. If, after review by the regional office of
education, the Office of Chronic Truant Adjudication, or
community truancy review board, it is determined the local
school did not provide the appropriate interventions, then the
minor shall be referred to a comprehensive community based
youth service agency for truancy intervention services. If the
comprehensive community based youth service agency is
incapable to provide intervention services, then this
requirement for services is not applicable. The comprehensive
community based youth service agency shall submit reports to
the office of the regional superintendent of schools, the
Office of Chronic Truant Adjudication, or truancy review board
within 20, 40, and 80 school days of the initial referral or at
any other time requested by the office of the regional
superintendent of schools, the Office of Chronic Truant
Adjudication, or truancy review board, which reports each
shall certify the date of the minor's referral and the extent
of the minor's progress and participation in truancy

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intervention services provided by the comprehensive community
based youth service agency. In addition, if, after referral by
the office of the regional superintendent of schools, the
Office of Chronic Truant Adjudication, or community truancy
review board, the minor declines or refuses to fully
participate in truancy intervention services provided by the
comprehensive community based youth service agency, then the
agency shall immediately certify such facts to the office of
the regional superintendent of schools, the Office of Chronic
Truant Adjudication, or community truancy review board.
(a-1) There is a rebuttable presumption that a chronic
truant is a truant minor in need of supervision.
(a-2) There is a rebuttable presumption that school
records of a minor's attendance at school are authentic.
(a-3) For purposes of this Section, "chronic truant" has
the meaning ascribed to it in Section 26-2a of the School Code.
(a-4) For purposes of this Section, a "community truancy
review board" is a local community based board comprised of
but not limited to: representatives from local comprehensive
community based youth service agencies, representatives from
court service agencies, representatives from local schools,
representatives from health service agencies, and
representatives from local professional and community
organizations as deemed appropriate by the office of the
regional superintendent of schools, or, in cities of over
500,000 inhabitants, by the Office of Chronic Truant

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Adjudication. The regional superintendent of schools, or, in
cities of over 500,000 inhabitants, the Office of Chronic
Truant Adjudication, must approve the establishment and
organization of a community truancy review board, and the
regional superintendent of schools or his or her designee, or,
in cities of over 500,000 inhabitants, the general
superintendent of schools or his or her designee, shall chair
the board.
(a-5) Nothing in this Section shall be construed to create
a private cause of action or right of recovery against a
regional office of education or the Office of Chronic Truant
Adjudication, its superintendent, or its staff with respect to
truancy intervention services where the determination to
provide the services is made in good faith.
(b) Kinds of dispositional orders. A minor found to be a
truant minor in need of supervision may be:
(1) committed to the appropriate regional
superintendent of schools for a student assistance team
staffing, a service plan, or referral to a comprehensive
community based youth service agency;
(2) required to comply with a service plan as
specifically provided by the appropriate regional
superintendent of schools;
(3) ordered to obtain counseling or other supportive
services;
(4) (blank); subject to a fine in an amount in excess

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of $5, but not exceeding $100, and each day of absence
without valid cause as defined in Section 26-2a of The
School Code is a separate offense;
(5) required to perform some reasonable public service
work such as, but not limited to, the picking up of litter
in public parks or along public highways or the
maintenance of public facilities; or
(6) (blank). subject to having his or her driver's
license or driving privilege suspended for a period of
time as determined by the court but only until he or she
attains 18 years of age.
A dispositional order may include a fine, public service,
or suspension of a driver's license or privilege only if the
court has made an express written finding that a truancy
prevention program has been offered by the school, regional
superintendent of schools, or a comprehensive community based
youth service agency to the truant minor in need of
supervision.
(c) Orders entered under this Section may be enforced by
contempt proceedings.
(Source: P.A. 97-975, eff. 8-17-12.)