Bill Text: IL HB3143 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the School Code. Lowers the compulsory school age from 6 to 5 years of age beginning with the 2023-2024 school year. Requires all school districts to establish kindergarten for the instruction of children who are 5 years of age or older. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3143 Detail]

Download: Illinois-2023-HB3143-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3143 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-20.19a from Ch. 122, par. 10-20.19a
105 ILCS 5/10-22.18 from Ch. 122, par. 10-22.18
105 ILCS 5/26-1 from Ch. 122, par. 26-1
105 ILCS 5/26-2 from Ch. 122, par. 26-2
105 ILCS 5/34-19 from Ch. 122, par. 34-19
Amends the School Code. Lowers the compulsory school age from 6 to 5 years of age beginning with the 2023-2024 school year. Requires all school districts to establish kindergarten for the instruction of children who are 5 years of age or older. Effective immediately.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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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
10-20.19a, 10-22.18, 26-1, 26-2, and 34-19 as follows:
(105 ILCS 5/10-20.19a) (from Ch. 122, par. 10-20.19a)
Sec. 10-20.19a. Kindergartens. After July 1, 1970, to
establish and maintain kindergartens for the instruction of
children in accordance with rules and regulations prescribed
by the State Board of Education. Such kindergartens may
provide for either a 1/2 day or a full day of attendance for
pupils enrolled therein.
This Section is repealed on July 1, 2023.
(Source: P.A. 84-18.)
(105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
Sec. 10-22.18. Kindergartens. To establish kindergartens
for the instruction of children between the ages of 4 and 6
years, if in their judgment the public interest requires it,
and to pay the necessary expenses thereof out of the school
funds of the district. Upon petition of at least 50 parents or
guardians of children between the ages of 4 and 6, residing
within any school district and within one mile of the public

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school where such kindergarten is proposed to be established,
the board of directors shall, if funds are available,
establish a kindergarten in connection with the public school
designated in the petition and maintain it as long as the
annual average daily attendance therein is not less than 15.
The board may establish a kindergarten with half-day
attendance or with full-day attendance. If the board
establishes full-day kindergarten, it shall also establish
half-day kindergarten. No one shall be employed to teach in a
kindergarten who does not hold a license as provided by law.
Beginning with the 2023-2024 school year, each school
district, including a school district organized under Article
34, must establish kindergarten for the instruction of
children who are 5 years of age or older.
(Source: P.A. 102-894, eff. 5-20-22.)
(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
Sec. 26-1. Compulsory school age; exemptions. Whoever has
custody or control of any child (i) between the ages of 7 and
17 years (unless the child has already graduated from high
school) for school years before the 2014-2015 school year or
(ii) between the ages of 6 (on or before September 1) and 17
years (unless the child has already graduated from high
school) for school years before the 2023-2024 beginning with
the 2014-2015 school year or (ii) between the ages of 5 (on or
before September 1) and 17 (unless the child has already

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graduated from high school) beginning with the 2023-2024
school year shall cause such child to attend some public
school in the district wherein the child resides the entire
time it is in session during the regular school term, except as
provided in Section 10-19.1, and during a required summer
school program established under Section 10-22.33B; provided,
that the following children shall not be required to attend
the public schools:
1. Any child attending a private or a parochial school
where children are taught the branches of education taught
to children of corresponding age and grade in the public
schools, and where the instruction of the child in the
branches of education is in the English language;
2. Any child who is physically or mentally unable to
attend school, such disability being certified to the
county or district truant officer by a competent physician
licensed in Illinois to practice medicine and surgery in
all its branches, a chiropractic physician licensed under
the Medical Practice Act of 1987, a licensed advanced
practice registered nurse, a licensed physician assistant,
or a Christian Science practitioner residing in this State
and listed in the Christian Science Journal; or who is
excused for temporary absence for cause by the principal
or teacher of the school which the child attends, with
absence for cause by illness being required to include the
mental or behavioral health of the child for up to 5 days

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for which the child need not provide a medical note, in
which case the child shall be given the opportunity to
make up any school work missed during the mental or
behavioral health absence and, after the second mental
health day used, may be referred to the appropriate school
support personnel; the exemptions in this paragraph (2) do
not apply to any female who is pregnant or the mother of
one or more children, except where a female is unable to
attend school due to a complication arising from her
pregnancy and the existence of such complication is
certified to the county or district truant officer by a
competent physician;
3. Any child necessarily and lawfully employed
according to the provisions of the law regulating child
labor may be excused from attendance at school by the
county superintendent of schools or the superintendent of
the public school which the child should be attending, on
certification of the facts by and the recommendation of
the school board of the public school district in which
the child resides. In districts having part-time
continuation schools, children so excused shall attend
such schools at least 8 hours each week;
4. Any child over 12 and under 14 years of age while in
attendance at confirmation classes;
5. Any child absent from a public school on a
particular day or days or at a particular time of day for

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the reason that he is unable to attend classes or to
participate in any examination, study, or work
requirements on a particular day or days or at a
particular time of day because of religious reasons,
including the observance of a religious holiday or
participation in religious instruction, or because the
tenets of his religion forbid secular activity on a
particular day or days or at a particular time of day. A
school board may require the parent or guardian of a child
who is to be excused from attending school because of
religious reasons to give notice, not exceeding 5 days, of
the child's absence to the school principal or other
school personnel. Any child excused from attending school
under this paragraph 5 shall not be required to submit a
written excuse for such absence after returning to school.
A district superintendent shall develop and distribute to
schools appropriate procedures regarding a student's
absence for religious reasons, how schools are notified of
a student's impending absence for religious reasons, and
the requirements of Section 26-2b of this Code;
6. Any child 16 years of age or older who (i) submits
to a school district evidence of necessary and lawful
employment pursuant to paragraph 3 of this Section and
(ii) is enrolled in a graduation incentives program
pursuant to Section 26-16 of this Code or an alternative
learning opportunities program established pursuant to

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Article 13B of this Code;
7. A child in any of grades 6 through 12 absent from a
public school on a particular day or days or at a
particular time of day for the purpose of sounding "Taps"
at a military honors funeral held in this State for a
deceased veteran. In order to be excused under this
paragraph 7, the student shall notify the school's
administration at least 2 days prior to the date of the
absence and shall provide the school's administration with
the date, time, and location of the military honors
funeral. The school's administration may waive this 2-day
notification requirement if the student did not receive at
least 2 days advance notice, but the student shall notify
the school's administration as soon as possible of the
absence. A student whose absence is excused under this
paragraph 7 shall be counted as if the student attended
school for purposes of calculating the average daily
attendance of students in the school district. A student
whose absence is excused under this paragraph 7 must be
allowed a reasonable time to make up school work missed
during the absence. If the student satisfactorily
completes the school work, the day of absence shall be
counted as a day of compulsory attendance and he or she may
not be penalized for that absence; and
8. Any child absent from a public school on a
particular day or days or at a particular time of day for

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the reason that his or her parent or legal guardian is an
active duty member of the uniformed services and has been
called to duty for, is on leave from, or has immediately
returned from deployment to a combat zone or
combat-support postings. Such a student shall be granted 5
days of excused absences in any school year and, at the
discretion of the school board, additional excused
absences to visit the student's parent or legal guardian
relative to such leave or deployment of the parent or
legal guardian. In the case of excused absences pursuant
to this paragraph 8, the student and parent or legal
guardian shall be responsible for obtaining assignments
from the student's teacher prior to any period of excused
absence and for ensuring that such assignments are
completed by the student prior to his or her return to
school from such period of excused absence.
Any child from a public middle school or high school,
subject to guidelines established by the State Board of
Education, shall be permitted by a school board one school
day-long excused absence per school year for the child who is
absent from school to engage in a civic event. The school board
may require that the student provide reasonable advance notice
of the intended absence to the appropriate school
administrator and require that the student provide
documentation of participation in a civic event to the
appropriate school administrator.

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(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22;
102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff.
1-1-23.)
(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
Sec. 26-2. Enrolled pupils not of compulsory school age.
(a) For school years before the 2023-2024 school year, any
Any person having custody or control of a child who is below
the age of 6 years or is 17 years of age or above and who is
enrolled in any of grades kindergarten through 12 in the
public school shall cause the child to attend the public
school in the district wherein he or she resides when it is in
session during the regular school term, unless the child is
excused under Section 26-1 of this Code. Beginning with the
2023-2024 school year, any person having custody or control of
a child who is below the age of 5 years or is 17 years of age
or above and who is enrolled in any of grades kindergarten
through 12 in the public school shall cause the child to attend
the public school in the district wherein he or she resides
when it is in session during the regular school term, unless
the child is excused under Section 26-1 of this Code.
(b) A school district shall deny reenrollment in its
secondary schools to any child 19 years of age or above who has
dropped out of school and who could not, because of age and
lack of credits, attend classes during the normal school year
and graduate before his or her twenty-first birthday. A

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district may, however, enroll the child in a graduation
incentives program under Section 26-16 of this Code or an
alternative learning opportunities program established under
Article 13B. No child shall be denied reenrollment for the
above reasons unless the school district first offers the
child due process as required in cases of expulsion under
Section 10-22.6. If a child is denied reenrollment after being
provided with due process, the school district must provide
counseling to that child and must direct that child to
alternative educational programs, including adult education
programs, that lead to graduation or receipt of a State of
Illinois High School Diploma.
(c) A school or school district may deny enrollment to a
student 17 years of age or older for one semester for failure
to meet minimum attendance standards if all of the following
conditions are met:
(1) The student was absent without valid cause for 20%
or more of the attendance days in the semester immediately
prior to the current semester.
(2) The student and the student's parent or guardian
are given written notice warning that the student is
subject to denial from enrollment for one semester unless
the student is absent without valid cause less than 20% of
the attendance days in the current semester.
(3) The student's parent or guardian is provided with
the right to appeal the notice, as determined by the State

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Board of Education in accordance with due process.
(4) The student is provided with attendance
remediation services, including without limitation
assessment, counseling, and support services.
(5) The student is absent without valid cause for 20%
or more of the attendance days in the current semester.
A school or school district may not deny enrollment to a
student (or reenrollment to a dropout) who is at least 17 years
of age or older but below 19 years for more than one
consecutive semester for failure to meet attendance standards.
(d) No child may be denied reenrollment under this Section
in violation of the federal Individuals with Disabilities
Education Act or the Americans with Disabilities Act.
(e) In this subsection (e), "reenrolled student" means a
dropout who has reenrolled full-time in a public school. Each
school district shall identify, track, and report on the
educational progress and outcomes of reenrolled students as a
subset of the district's required reporting on all
enrollments. A reenrolled student who again drops out must not
be counted again against a district's dropout rate performance
measure. The State Board of Education shall set performance
standards for programs serving reenrolled students.
(f) The State Board of Education shall adopt any rules
necessary to implement the changes to this Section made by
Public Act 93-803.
(Source: P.A. 102-981, eff. 1-1-23; 102-1100, eff. 1-1-23;

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revised 12-13-22.)
(105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
Sec. 34-19. By-laws, rules and regulations; business
transacted at regular meetings; voting; records. The board
shall, subject to the limitations in this Article, establish
by-laws, rules and regulations, which shall have the force of
ordinances, for the proper maintenance of a uniform system of
discipline for both employees and pupils, and for the entire
management of the schools, and may fix the school age of
pupils, the minimum of which in kindergartens (which,
beginning with the 2023-2024 school year, must be established
under Section 10-22.18 for children 5 years of age or older)
shall not be under 4 years, except that, based upon an
assessment of the child's readiness, children who have
attended a non-public preschool and continued their education
at that school through kindergarten, were taught in
kindergarten by an appropriately certified teacher, and will
attain the age of 6 years on or before December 31 of the year
of the 2009-2010 school term and each school term thereafter
may attend first grade upon commencement of such term, and in
grade schools shall not be under 6 years. It may expel, suspend
or, subject to the limitations of all policies established or
adopted under Section 10-22.6 or 14-8.05, otherwise discipline
any pupil found guilty of gross disobedience, misconduct, or
other violation of the by-laws, rules, and regulations,

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including gross disobedience or misconduct perpetuated by
electronic means. An expelled pupil may be immediately
transferred to an alternative program in the manner provided
in Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the expulsion, except in cases in which
such transfer is deemed to cause a threat to the safety of
students or staff in the alternative program. A pupil who is
suspended in excess of 20 school days may be immediately
transferred to an alternative program in the manner provided
in Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the suspension, except in cases in which
such transfer is deemed to cause a threat to the safety of
students or staff in the alternative program. The bylaws,
rules and regulations of the board shall be enacted, money
shall be appropriated or expended, salaries shall be fixed or
changed, and textbooks, electronic textbooks, and courses of
instruction shall be adopted or changed only at the regular
meetings of the board and by a vote of a majority of the full
membership of the board; provided that notwithstanding any
other provision of this Article or the School Code, neither
the board or any local school council may purchase any
textbook for use in any public school of the district from any
textbook publisher that fails to furnish any computer
diskettes as required under Section 28-21. Funds appropriated
for textbook purchases must be available for electronic
textbook purchases and the technological equipment necessary

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to gain access to and use electronic textbooks at the local
school council's discretion. The board shall be further
encouraged to provide opportunities for public hearing and
testimony before the adoption of bylaws, rules and
regulations. Upon all propositions requiring for their
adoption at least a majority of all the members of the board
the yeas and nays shall be taken and reported. The by-laws,
rules and regulations of the board shall not be repealed,
amended or added to, except by a vote of 2/3 of the full
membership of the board. The board shall keep a record of all
its proceedings. Such records and all by-laws, rules and
regulations, or parts thereof, may be proved by a copy thereof
certified to be such by the secretary of the board, but if they
are printed in book or pamphlet form which are purported to be
published by authority of the board they need not be otherwise
published and the book or pamphlet shall be received as
evidence, without further proof, of the records, by-laws,
rules and regulations, or any part thereof, as of the dates
thereof as shown in such book or pamphlet, in all courts and
places where judicial proceedings are had.
Notwithstanding any other provision in this Article or in
the School Code, the board may delegate to the general
superintendent or to the attorney the authorities granted to
the board in the School Code, provided such delegation and
appropriate oversight procedures are made pursuant to board
by-laws, rules and regulations, adopted as herein provided,

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except that the board may not delegate its authorities and
responsibilities regarding (1) budget approval obligations;
(2) rule-making functions; (3) desegregation obligations; (4)
real estate acquisition, sale or lease in excess of 10 years as
provided in Section 34-21; (5) the levy of taxes; or (6) any
mandates imposed upon the board by "An Act in relation to
school reform in cities over 500,000, amending Acts herein
named", approved December 12, 1988 (P.A. 85-1418).
(Source: P.A. 99-456, eff. 9-15-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.