Bill Text: IL HB3939 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code. Makes a technical change in a Section concerning the Common School Fund.
Spectrum: Moderate Partisan Bill (Democrat 13-4)
Status: (Passed) 2014-06-30 - Public Act . . . . . . . . . 98-0673 [HB3939 Detail]
Download: Illinois-2013-HB3939-Amended.html
Bill Title: Amends the School Code. Makes a technical change in a Section concerning the Common School Fund.
Spectrum: Moderate Partisan Bill (Democrat 13-4)
Status: (Passed) 2014-06-30 - Public Act . . . . . . . . . 98-0673 [HB3939 Detail]
Download: Illinois-2013-HB3939-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3939
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2 | AMENDMENT NO. ______. Amend House Bill 3939 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 10-20.12 and 27-8.1 as follows:
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6 | (105 ILCS 5/10-20.12) (from Ch. 122, par. 10-20.12)
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7 | Sec. 10-20.12. School year - School age. To establish and | ||||||
8 | keep in
operation in each year during a school term of at least | ||||||
9 | the minimum length
required by Section 10-19, a sufficient | ||||||
10 | number of free schools for the
accommodation of all persons in | ||||||
11 | the district who are 5 years of age or
older but under 21 years | ||||||
12 | of age, and to secure for all such persons the
right and | ||||||
13 | opportunity to an equal education in such schools; provided | ||||||
14 | that (i)
children who will attain the age of 5 years on or | ||||||
15 | before September 1 of the
year of the 1990-1991 school term and | ||||||
16 | each school term thereafter may
attend school upon the |
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1 | commencement of such term and (ii) based upon an assessment of | ||||||
2 | the child's readiness, children who have attended a non-public | ||||||
3 | preschool and continued their education at that school through | ||||||
4 | kindergarten, were taught in kindergarten by an appropriately | ||||||
5 | certified teacher, and will attain the age of 6 years on or | ||||||
6 | before December 31 of the year of the 2009-2010 school term and | ||||||
7 | each school term thereafter may attend first grade upon | ||||||
8 | commencement of such term. However, Section 33 of the | ||||||
9 | Educational Opportunity for Military Children Act shall apply | ||||||
10 | to children of active duty military personnel. Based upon an | ||||||
11 | assessment
of a child's readiness to attend school, a school | ||||||
12 | district may permit a
child to attend school prior to the dates | ||||||
13 | contained in this Section. In any
school district operating on | ||||||
14 | a full year school basis children who will
attain age 5 within | ||||||
15 | 30 days after the commencement of a term may attend
school upon | ||||||
16 | the commencement of such term and, based upon an assessment of | ||||||
17 | the child's readiness, children who have attended a non-public | ||||||
18 | preschool and continued their education at that school through | ||||||
19 | kindergarten, were taught in kindergarten by an appropriately | ||||||
20 | certified teacher, and will attain age 6 within 4 months after | ||||||
21 | the commencement of a term may attend first grade upon the | ||||||
22 | commencement of such term. The school district may, by
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23 | resolution of its board, allow for a full year school plan.
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24 | (Source: P.A. 96-864, eff. 1-21-10.)
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25 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) |
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1 | Sec. 27-8.1. Health examinations and immunizations. | ||||||
2 | (1) In compliance with rules and regulations which the | ||||||
3 | Department of Public
Health shall promulgate, and except as | ||||||
4 | hereinafter provided, all children in
Illinois shall have a | ||||||
5 | health examination as follows: within one year prior to
| ||||||
6 | entering kindergarten or the first grade of any public, | ||||||
7 | private, or parochial
elementary school; upon entering the | ||||||
8 | sixth and ninth grades of any public,
private, or parochial | ||||||
9 | school; prior to entrance into any public, private, or
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10 | parochial nursery school; and, irrespective of grade, | ||||||
11 | immediately prior to or
upon entrance into any public, private, | ||||||
12 | or parochial school or nursery school,
each child shall present | ||||||
13 | proof of having been examined in accordance with this
Section | ||||||
14 | and the rules and regulations promulgated hereunder. Any child | ||||||
15 | who received a health examination within one year prior to | ||||||
16 | entering the fifth grade for the 2007-2008 school year is not | ||||||
17 | required to receive an additional health examination in order | ||||||
18 | to comply with the provisions of Public Act 95-422 when he or | ||||||
19 | she attends school for the 2008-2009 school year, unless the | ||||||
20 | child is attending school for the first time as provided in | ||||||
21 | this paragraph. | ||||||
22 | A tuberculosis skin test screening shall be included as a | ||||||
23 | required part of
each health examination included under this | ||||||
24 | Section if the child resides in an
area designated by the | ||||||
25 | Department of Public Health as having a high incidence
of | ||||||
26 | tuberculosis. Additional health examinations of pupils, |
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1 | including eye examinations, may be required when deemed | ||||||
2 | necessary by school
authorities. Parents are encouraged to have | ||||||
3 | their children undergo eye examinations at the same points in | ||||||
4 | time required for health
examinations. | ||||||
5 | (1.5) In compliance with rules adopted by the Department of | ||||||
6 | Public Health and except as otherwise provided in this Section, | ||||||
7 | all children in kindergarten and the second and sixth grades of | ||||||
8 | any public, private, or parochial school shall have a dental | ||||||
9 | examination. Each of these children shall present proof of | ||||||
10 | having been examined by a dentist in accordance with this | ||||||
11 | Section and rules adopted under this Section before May 15th of | ||||||
12 | the school year. If a child in the second or sixth grade fails | ||||||
13 | to present proof by May 15th, the school may hold the child's | ||||||
14 | report card until one of the following occurs: (i) the child | ||||||
15 | presents proof of a completed dental examination or (ii) the | ||||||
16 | child presents proof that a dental examination will take place | ||||||
17 | within 60 days after May 15th. The Department of Public Health | ||||||
18 | shall establish, by rule, a waiver for children who show an | ||||||
19 | undue burden or a lack of access to a dentist. Each public, | ||||||
20 | private, and parochial school must give notice of this dental | ||||||
21 | examination requirement to the parents and guardians of | ||||||
22 | students at least 60 days before May 15th of each school year.
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23 | (1.10) Except as otherwise provided in this Section, all | ||||||
24 | children enrolling in kindergarten in a public, private, or | ||||||
25 | parochial school on or after the effective date of this | ||||||
26 | amendatory Act of the 95th General Assembly and any student |
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1 | enrolling for the first time in a public, private, or parochial | ||||||
2 | school on or after the effective date of this amendatory Act of | ||||||
3 | the 95th General Assembly shall have an eye examination. Each | ||||||
4 | of these children shall present proof of having been examined | ||||||
5 | by a physician licensed to practice medicine in all of its | ||||||
6 | branches or a licensed optometrist within the previous year, in | ||||||
7 | accordance with this Section and rules adopted under this | ||||||
8 | Section, before October 15th of the school year. If the child | ||||||
9 | fails to present proof by October 15th, the school may hold the | ||||||
10 | child's report card until one of the following occurs: (i) the | ||||||
11 | child presents proof of a completed eye examination or (ii) the | ||||||
12 | child presents proof that an eye examination will take place | ||||||
13 | within 60 days after October 15th. The Department of Public | ||||||
14 | Health shall establish, by rule, a waiver for children who show | ||||||
15 | an undue burden or a lack of access to a physician licensed to | ||||||
16 | practice medicine in all of its branches who provides eye | ||||||
17 | examinations or to a licensed optometrist. Each public, | ||||||
18 | private, and parochial school must give notice of this eye | ||||||
19 | examination requirement to the parents and guardians of | ||||||
20 | students in compliance with rules of the Department of Public | ||||||
21 | Health. Nothing in this Section shall be construed to allow a | ||||||
22 | school to exclude a child from attending because of a parent's | ||||||
23 | or guardian's failure to obtain an eye examination for the | ||||||
24 | child.
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25 | (2) The Department of Public Health shall promulgate rules | ||||||
26 | and regulations
specifying the examinations and procedures |
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1 | that constitute a health examination, which shall include the | ||||||
2 | collection of data relating to obesity
(including at a minimum, | ||||||
3 | date of birth, gender, height, weight, blood pressure, and date | ||||||
4 | of exam),
and a dental examination and may recommend by rule | ||||||
5 | that certain additional examinations be performed.
The rules | ||||||
6 | and regulations of the Department of Public Health shall | ||||||
7 | specify that
a tuberculosis skin test screening shall be | ||||||
8 | included as a required part of each
health examination included | ||||||
9 | under this Section if the child resides in an area
designated | ||||||
10 | by the Department of Public Health as having a high incidence | ||||||
11 | of
tuberculosis.
The Department of Public Health shall specify | ||||||
12 | that a diabetes
screening as defined by rule shall be included | ||||||
13 | as a required part of each
health examination.
Diabetes testing | ||||||
14 | is not required. | ||||||
15 | Physicians licensed to practice medicine in all of its | ||||||
16 | branches, advanced
practice nurses who have a written | ||||||
17 | collaborative agreement with
a collaborating physician which | ||||||
18 | authorizes them to perform health
examinations, or physician | ||||||
19 | assistants who have been delegated the
performance of health | ||||||
20 | examinations by their supervising physician
shall be
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21 | responsible for the performance of the health examinations, | ||||||
22 | other than dental
examinations, eye examinations, and vision | ||||||
23 | and hearing screening, and shall sign all report forms
required | ||||||
24 | by subsection (4) of this Section that pertain to those | ||||||
25 | portions of
the health examination for which the physician, | ||||||
26 | advanced practice nurse, or
physician assistant is |
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1 | responsible.
If a registered
nurse performs any part of a | ||||||
2 | health examination, then a physician licensed to
practice | ||||||
3 | medicine in all of its branches must review and sign all | ||||||
4 | required
report forms. Licensed dentists shall perform all | ||||||
5 | dental examinations and
shall sign all report forms required by | ||||||
6 | subsection (4) of this Section that
pertain to the dental | ||||||
7 | examinations. Physicians licensed to practice medicine
in all | ||||||
8 | its branches or licensed optometrists shall perform all eye | ||||||
9 | examinations
required by this Section and shall sign all report | ||||||
10 | forms required by
subsection (4) of this Section that pertain | ||||||
11 | to the eye examination. For purposes of this Section, an eye | ||||||
12 | examination shall at a minimum include history, visual acuity, | ||||||
13 | subjective refraction to best visual acuity near and far, | ||||||
14 | internal and external examination, and a glaucoma evaluation, | ||||||
15 | as well as any other tests or observations that in the | ||||||
16 | professional judgment of the doctor are necessary. Vision and
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17 | hearing screening tests, which shall not be considered | ||||||
18 | examinations as that
term is used in this Section, shall be | ||||||
19 | conducted in accordance with rules and
regulations of the | ||||||
20 | Department of Public Health, and by individuals whom the
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21 | Department of Public Health has certified.
In these rules and | ||||||
22 | regulations, the Department of Public Health shall
require that | ||||||
23 | individuals conducting vision screening tests give a child's
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24 | parent or guardian written notification, before the vision | ||||||
25 | screening is
conducted, that states, "Vision screening is not a | ||||||
26 | substitute for a
complete eye and vision evaluation by an eye |
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1 | doctor. Your child is not
required to undergo this vision | ||||||
2 | screening if an optometrist or
ophthalmologist has completed | ||||||
3 | and signed a report form indicating that
an examination has | ||||||
4 | been administered within the previous 12 months." | ||||||
5 | (3) Every child shall, at or about the same time as he or | ||||||
6 | she receives
a health examination required by subsection (1) of | ||||||
7 | this Section, present
to the local school proof of having | ||||||
8 | received such immunizations against
preventable communicable | ||||||
9 | diseases as the Department of Public Health shall
require by | ||||||
10 | rules and regulations promulgated pursuant to this Section and | ||||||
11 | the
Communicable Disease Prevention Act. | ||||||
12 | (4) The individuals conducting the health examination,
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13 | dental examination, or eye examination shall record the
fact of | ||||||
14 | having conducted the examination, and such additional | ||||||
15 | information as
required, including for a health examination
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16 | data relating to obesity
(including at a minimum, date of | ||||||
17 | birth, gender, height, weight, blood pressure, and date of | ||||||
18 | exam), on uniform forms which the Department of Public Health | ||||||
19 | and the State
Board of Education shall prescribe for statewide | ||||||
20 | use. The examiner shall
summarize on the report form any | ||||||
21 | condition that he or she suspects indicates a
need for special | ||||||
22 | services, including for a health examination factors relating | ||||||
23 | to obesity. The individuals confirming the administration of
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24 | required immunizations shall record as indicated on the form | ||||||
25 | that the
immunizations were administered. | ||||||
26 | (5) If a child does not submit proof of having had either |
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1 | the health
examination or the immunization as required, then | ||||||
2 | the child shall be examined
or receive the immunization, as the | ||||||
3 | case may be, and present proof by October
15 of the current | ||||||
4 | school year, or by an earlier date of the current school year
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5 | established by a school district. To establish a date before | ||||||
6 | October 15 of the
current school year for the health | ||||||
7 | examination or immunization as required, a
school district must | ||||||
8 | give notice of the requirements of this Section 60 days
prior | ||||||
9 | to the earlier established date. If for medical reasons one or | ||||||
10 | more of
the required immunizations must be given after October | ||||||
11 | 15 of the current school
year, or after an earlier established | ||||||
12 | date of the current school year, then
the child shall present, | ||||||
13 | by October 15, or by the earlier established date, a
schedule | ||||||
14 | for the administration of the immunizations and a statement of | ||||||
15 | the
medical reasons causing the delay, both the schedule and | ||||||
16 | the statement being
issued by the physician, advanced practice | ||||||
17 | nurse, physician assistant,
registered nurse, or local health | ||||||
18 | department that will
be responsible for administration of the | ||||||
19 | remaining required immunizations. If
a child does not comply by | ||||||
20 | October 15, or by the earlier established date of
the current | ||||||
21 | school year, with the requirements of this subsection, then the
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22 | local school authority shall exclude that child from school | ||||||
23 | until such time as
the child presents proof of having had the | ||||||
24 | health examination as required and
presents proof of having | ||||||
25 | received those required immunizations which are
medically | ||||||
26 | possible to receive immediately. During a child's exclusion |
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1 | from
school for noncompliance with this subsection, the child's | ||||||
2 | parents or legal
guardian shall be considered in violation of | ||||||
3 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
4 | 26-10. This subsection (5) does not apply to dental | ||||||
5 | examinations and eye examinations. If Until June 30, 2015, if | ||||||
6 | the student is an out-of-state transfer student and does not | ||||||
7 | have the proof required under this subsection (5) before | ||||||
8 | October 15 of the current year or whatever date is set by the | ||||||
9 | school district, then he or she may only attend classes (i) if | ||||||
10 | he or she has proof that an appointment for the required | ||||||
11 | vaccinations has been scheduled with a party authorized to | ||||||
12 | submit proof of the required vaccinations. If the proof of | ||||||
13 | vaccination required under this subsection (5) is not submitted | ||||||
14 | within 30 days after the student is permitted to attend | ||||||
15 | classes, then the student is not to be permitted to attend | ||||||
16 | classes until proof of the vaccinations has been properly | ||||||
17 | submitted. No school district or employee of a school district | ||||||
18 | shall be held liable for any injury or illness to another | ||||||
19 | person that results from admitting an out-of-state transfer | ||||||
20 | student to class that has an appointment scheduled pursuant to | ||||||
21 | this subsection (5). | ||||||
22 | (6) Every school shall report to the State Board of | ||||||
23 | Education by November
15, in the manner which that agency shall | ||||||
24 | require, the number of children who
have received the necessary | ||||||
25 | immunizations and the health examination (other than a dental | ||||||
26 | examination or eye examination) as
required, indicating, of |
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1 | those who have not received the immunizations and
examination | ||||||
2 | as required, the number of children who are exempt from health
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3 | examination and immunization requirements on religious or | ||||||
4 | medical grounds as
provided in subsection (8). On or before | ||||||
5 | December 1 of each year, every public school district and | ||||||
6 | registered nonpublic school shall make publicly available the | ||||||
7 | immunization data they are required to submit to the State | ||||||
8 | Board of Education by November 15. The immunization data made | ||||||
9 | publicly available must be identical to the data the school | ||||||
10 | district or school has reported to the State Board of | ||||||
11 | Education. | ||||||
12 | Every school shall report to the State Board of Education | ||||||
13 | by June 30, in the manner that the State Board requires, the | ||||||
14 | number of children who have received the required dental | ||||||
15 | examination, indicating, of those who have not received the | ||||||
16 | required dental examination, the number of children who are | ||||||
17 | exempt from the dental examination on religious grounds as | ||||||
18 | provided in subsection (8) of this Section and the number of | ||||||
19 | children who have received a waiver under subsection (1.5) of | ||||||
20 | this Section. | ||||||
21 | Every school shall report to the State Board of Education | ||||||
22 | by June 30, in the manner that the State Board requires, the | ||||||
23 | number of children who have received the required eye | ||||||
24 | examination, indicating, of those who have not received the | ||||||
25 | required eye examination, the number of children who are exempt | ||||||
26 | from the eye examination as provided in subsection (8) of this |
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1 | Section, the number of children who have received a waiver | ||||||
2 | under subsection (1.10) of this Section, and the total number | ||||||
3 | of children in noncompliance with the eye examination | ||||||
4 | requirement. | ||||||
5 | The reported information under this subsection (6) shall be | ||||||
6 | provided to the
Department of Public Health by the State Board | ||||||
7 | of Education. | ||||||
8 | (7) Upon determining that the number of pupils who are | ||||||
9 | required to be in
compliance with subsection (5) of this | ||||||
10 | Section is below 90% of the number of
pupils enrolled in the | ||||||
11 | school district, 10% of each State aid payment made
pursuant to | ||||||
12 | Section 18-8.05 to the school district for such year may be | ||||||
13 | withheld
by the State Board of Education until the number of | ||||||
14 | students in compliance with
subsection (5) is the applicable | ||||||
15 | specified percentage or higher. | ||||||
16 | (8) Parents or legal guardians who object to health,
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17 | dental, or eye examinations or any part thereof, or to | ||||||
18 | immunizations, on religious grounds
shall not be required to | ||||||
19 | submit their children or wards to the examinations
or | ||||||
20 | immunizations to which they so object if such parents or legal | ||||||
21 | guardians
present to the appropriate local school authority a | ||||||
22 | signed statement of
objection, detailing the grounds for the | ||||||
23 | objection. If the physical condition
of the child is such that | ||||||
24 | any one or more of the immunizing agents should not
be | ||||||
25 | administered, the examining physician, advanced practice | ||||||
26 | nurse, or
physician assistant responsible for the performance |
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1 | of the
health examination shall endorse that fact upon the | ||||||
2 | health examination form.
Exempting a child from the health,
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3 | dental, or eye examination does not exempt the child from
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4 | participation in the program of physical education training | ||||||
5 | provided in
Sections 27-5 through 27-7 of this Code. | ||||||
6 | (9) For the purposes of this Section, "nursery schools" | ||||||
7 | means those nursery
schools operated by elementary school | ||||||
8 | systems or secondary level school units
or institutions of | ||||||
9 | higher learning. | ||||||
10 | (Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12; | ||||||
11 | 97-910, eff. 1-1-13.)
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12 | Section 10. The Illinois School Student Records Act is | ||||||
13 | amended by changing Section 8.1 as follows:
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14 | (105 ILCS 10/8.1) (from Ch. 122, par. 50-8.1) | ||||||
15 | Sec. 8.1. (a) No school may refuse to admit or enroll a | ||||||
16 | student
because of that student's failure to present his | ||||||
17 | student permanent or
temporary record from a school previously | ||||||
18 | attended. | ||||||
19 | (b) When a new student applies for admission to a school | ||||||
20 | and does not
present his school student record, such school may | ||||||
21 | notify the school or
school district last attended by such | ||||||
22 | student, requesting that the
student's school student record be | ||||||
23 | copied and sent to it; such request
shall be honored within 10 | ||||||
24 | days after it is received. Within
10 days after receiving a |
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1 | request from the Department of Children and
Family Services, | ||||||
2 | the school district last attended by the student shall
send the | ||||||
3 | student's school student record to the receiving school | ||||||
4 | district. | ||||||
5 | (c) In the case of a transfer between school districts of a | ||||||
6 | student
who is eligible for special education and related | ||||||
7 | services, when the parent
or guardian of the student presents a | ||||||
8 | copy of the student's then current
individualized education | ||||||
9 | program (IEP) to the new school, the student shall
be placed in | ||||||
10 | a special education program in accordance with that described
| ||||||
11 | in the student's IEP. | ||||||
12 | (d) Out-of-state Until June 30, 2015, out-of-state | ||||||
13 | transfer students , including children of military personnel | ||||||
14 | that transfer into this State, may use unofficial transcripts | ||||||
15 | for admission to a school until official transcripts are | ||||||
16 | obtained from his or her last school district , including | ||||||
17 | children of military personnel that transfer into this State, | ||||||
18 | subject to Section 32 of the Educational Opportunity for | ||||||
19 | Military Children Act . | ||||||
20 | (Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12.)
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21 | Section 15. The Educational Opportunity for Military | ||||||
22 | Children Act is amended by changing Sections 5, 10, 20, 25, 35, | ||||||
23 | and 40 and by adding Sections 32 and 33 as follows:
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24 | (105 ILCS 70/5) |
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1 | (Section scheduled to be repealed on June 30, 2015)
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2 | Sec. 5. Purpose. It is the purpose of this Act to remove | ||||||
3 | barriers to educational success imposed on children of active | ||||||
4 | duty military personnel families because of frequent moves and | ||||||
5 | deployment of their parents by: | ||||||
6 | (1) facilitating the timely enrollment of children of | ||||||
7 | active duty military personnel families and ensuring that | ||||||
8 | they are not placed at a disadvantage due to difficulty in | ||||||
9 | the transfer of educational records from the previous | ||||||
10 | school district; | ||||||
11 | (2) facilitating the student placement process through | ||||||
12 | which children of active duty military personnel families | ||||||
13 | are not disadvantaged by variations in attendance | ||||||
14 | requirements, scheduling, sequencing, or assessment; | ||||||
15 | (3) facilitating the qualification and eligibility for | ||||||
16 | enrollment and educational programs of children of active | ||||||
17 | duty military personnel ; | ||||||
18 | (4) facilitating the on-time graduation of children of | ||||||
19 | active duty military personnel families ; and | ||||||
20 | (5) promoting flexibility and cooperation between the | ||||||
21 | educational system, parents, and the student in order to | ||||||
22 | achieve educational success for the student.
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23 | (Source: P.A. 96-953, eff. 6-28-10 .)
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24 | (105 ILCS 70/10) | ||||||
25 | (Section scheduled to be repealed on June 30, 2015)
|
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1 | Sec. 10. Findings; authority to enter into compact. The | ||||||
2 | General Assembly finds and declares that this State recognizes | ||||||
3 | that there is created an Interstate Commission on Educational | ||||||
4 | Opportunity for Military Children through the Council of State | ||||||
5 | Governments, in cooperation with the U.S. Department of Defense | ||||||
6 | Office of Personnel and Readiness, for addressing the needs of | ||||||
7 | students in transition. The Interstate Commission on | ||||||
8 | Educational Opportunity for Military Children is a group of | ||||||
9 | member states who have joined to create laws easing the | ||||||
10 | transition of children of active duty military personnel | ||||||
11 | families . The Governor of this State is authorized and directed | ||||||
12 | to enter into a compact governed by this Act on behalf of this | ||||||
13 | State with any of the United States legally joining therein.
| ||||||
14 | (Source: P.A. 96-953, eff. 6-28-10 .)
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15 | (105 ILCS 70/20) | ||||||
16 | (Section scheduled to be repealed on June 30, 2015)
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17 | Sec. 20. Definitions. For purposes of this Act: | ||||||
18 | "Active duty military personnel" means active duty members | ||||||
19 | of the uniformed military services, including any of the | ||||||
20 | following: | ||||||
21 | (1) Members of the National Guard and Reserve that are | ||||||
22 | on active duty pursuant to 10 U.S.C. 1209 and 10 U.S.C. | ||||||
23 | 1211. | ||||||
24 | (2) Members or veterans of the uniformed services who | ||||||
25 | are severely injured and medically discharged or retired |
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1 | for a period of one year after medical discharge or | ||||||
2 | retirement. | ||||||
3 | (3) Members of the uniformed services who die on active | ||||||
4 | duty for a period of one year after death. | ||||||
5 | "Non-custodial parent" means a person who has temporary | ||||||
6 | custody of the child of any active duty military personnel and | ||||||
7 | who is responsible for making decisions for that child. | ||||||
8 | "State Council" means the Illinois P-20 Council and | ||||||
9 | additional representatives appointed by the Illinois P-20 | ||||||
10 | Council as provided under Section 40 of this Act.
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11 | (Source: P.A. 96-953, eff. 6-28-10 .)
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12 | (105 ILCS 70/25) | ||||||
13 | (Section scheduled to be repealed on June 30, 2015)
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14 | Sec. 25. Tuition for children of active duty military | ||||||
15 | personnel who are transfer students. (a) For purposes of this | ||||||
16 | Section, "non-custodial parent" means a person who has | ||||||
17 | temporary custody of the child of active duty military | ||||||
18 | personnel and who is responsible for making decisions for that | ||||||
19 | child. (b) If a student who is a child of active duty military | ||||||
20 | personnel is (i) placed with a non-custodial parent and (ii) as | ||||||
21 | a result of placement, must attend a non-resident school | ||||||
22 | district, then the student must not be charged the tuition of | ||||||
23 | the school that the student attends as a result of placement | ||||||
24 | with the non-custodial parent and the student must be counted | ||||||
25 | in the calculation of average daily attendance under Section |
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1 | 18-8.05 of the School Code.
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2 | (Source: P.A. 96-953, eff. 6-28-10 .)
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3 | (105 ILCS 70/32 new) | ||||||
4 | Sec. 32. Educational records for children of active duty | ||||||
5 | military personnel. | ||||||
6 | (a) In the event that official educational records cannot | ||||||
7 | be released to parents for the purpose of transfer, the | ||||||
8 | custodian of the records in the sending state shall prepare and | ||||||
9 | furnish to the parent a complete set of unofficial educational | ||||||
10 | records to the extent feasible. Upon receipt of the unofficial | ||||||
11 | educational records by a school in the receiving state, the | ||||||
12 | school shall enroll and appropriately place the student based | ||||||
13 | on the information provided in the unofficial records, pending | ||||||
14 | validation by the official records as quickly as possible. This | ||||||
15 | subsection (a) does not preclude the school in the receiving | ||||||
16 | state from performing subsequent evaluations to ensure | ||||||
17 | appropriate placement and continued enrollment of the student | ||||||
18 | in a course or courses. | ||||||
19 | (b) Simultaneous with the enrollment and conditional | ||||||
20 | placement of a student, the school in the receiving state shall | ||||||
21 | request the student's official educational record from the | ||||||
22 | school in the sending state. Upon receipt of this request, the | ||||||
23 | school in the sending state shall process and furnish the | ||||||
24 | official educational records to the receiving state within 15 | ||||||
25 | days.
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1 | (105 ILCS 70/33 new) | ||||||
2 | Sec. 33. Enrollment and entrance age for children of active | ||||||
3 | duty military personnel. Students must be allowed to continue | ||||||
4 | their enrollment at grade level in the receiving state | ||||||
5 | commensurate with their grade level (including kindergarten) | ||||||
6 | at the school in the sending state at the time of transition. A | ||||||
7 | student who has satisfactorily completed the requisite grade | ||||||
8 | level in the school in the sending state is eligible for | ||||||
9 | enrollment in the next highest grade level in the receiving | ||||||
10 | state. A student transferring after the start of the school | ||||||
11 | year in the receiving state shall enter the school in the | ||||||
12 | receiving state at his or her validated grade level at an | ||||||
13 | accredited school in the sending state. This Section does not | ||||||
14 | preclude the school in the receiving state from performing | ||||||
15 | subsequent evaluations to ensure appropriate placement of the | ||||||
16 | student.
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17 | (105 ILCS 70/35) | ||||||
18 | (Section scheduled to be repealed on June 30, 2015)
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19 | Sec. 35. Course placement; program placement; placement | ||||||
20 | flexibility; graduation; extracurricular activities; absences | ||||||
21 | related to deployment activities for children of active duty | ||||||
22 | military personnel Required courses for transfer students; | ||||||
23 | pre-requisites; credit transfer; graduation . | ||||||
24 | (a) If a student transfers before or during the school |
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1 | year, the school in the receiving state shall initially honor | ||||||
2 | placement of the student in educational courses based on the | ||||||
3 | student's enrollment in the school in the sending state or | ||||||
4 | educational assessments conducted at the school in the sending | ||||||
5 | state if the courses are offered and space is available. Course | ||||||
6 | placement includes, but is not limited to, honors, | ||||||
7 | International Baccalaureate, Advanced Placement, vocational, | ||||||
8 | and technical and career pathways courses. Continuing the | ||||||
9 | student's academic program from the school in the sending state | ||||||
10 | and promoting placement in academically and career-challenging | ||||||
11 | courses must be paramount when considering placement. This | ||||||
12 | subsection (a) does not preclude the school in the receiving | ||||||
13 | state from performing subsequent evaluations to ensure | ||||||
14 | appropriate placement and continued enrollment of the student | ||||||
15 | in the course or courses. A student that transfers to a new | ||||||
16 | school district may transfer into a comparable course to | ||||||
17 | continue credit work for a course from which the student | ||||||
18 | transferred out of only if the new school district offers the | ||||||
19 | course and space is available. This subsection (a) includes | ||||||
20 | courses offered for gifted and talented children pursuant to | ||||||
21 | Article 14A of the School Code and courses for English as a | ||||||
22 | Second Language program. | ||||||
23 | (b) The receiving school shall initially honor the | ||||||
24 | placement of the student in educational programs based on | ||||||
25 | current educational assessments conducted at the school in the | ||||||
26 | sending state or participation or placement in like programs in |
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1 | the school in the sending state. Such programs include, but are | ||||||
2 | not limited to, gifted and talented programs and English as a | ||||||
3 | Second Language (ESL). This subsection (b) does not preclude | ||||||
4 | the school in the receiving state from performing subsequent | ||||||
5 | evaluations to ensure appropriate placement of the student. The | ||||||
6 | school district of a school may determine if courses taken by a | ||||||
7 | transfer student at his or her old school satisfy the | ||||||
8 | pre-requisite course requirements for any courses that the | ||||||
9 | transfer student wishes to take at his or her current school. | ||||||
10 | The school district may determine a current and future schedule | ||||||
11 | that is appropriate for the student that satisfies any | ||||||
12 | pre-requisite course requirements in order for that student to | ||||||
13 | take any courses that he or she wishes to attend. | ||||||
14 | (c) The school district of a school shall have flexibility | ||||||
15 | in waiving course or program prerequisites or other | ||||||
16 | preconditions for placement in offered courses or programs. The | ||||||
17 | school district of a school shall may work with a transfer | ||||||
18 | student to determine an appropriate schedule that ensures that | ||||||
19 | a student will graduate, provided that the student has met the | ||||||
20 | district's minimal graduation requirements, which may be | ||||||
21 | modified provided that the modifications are a result of | ||||||
22 | scheduling issues and not a result of the student's academic | ||||||
23 | failure. | ||||||
24 | (d) If a student transfers to a new school district during | ||||||
25 | his or her senior year and the receiving school district cannot | ||||||
26 | make reasonable adjustments under this Section to ensure |
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1 | graduation, then the school district shall make every | ||||||
2 | reasonable effort to ensure that the school district from where | ||||||
3 | the student transfers issues the student a diploma. | ||||||
4 | (e) Schools shall facilitate the opportunity for | ||||||
5 | transitioning military children's inclusion in extracurricular | ||||||
6 | activities, to the extent the children are otherwise qualified | ||||||
7 | and space is available as determined by the school principal. | ||||||
8 | (f) A student whose parent or legal guardian is an active | ||||||
9 | duty member of the uniformed services and has been called to | ||||||
10 | duty for, is on leave from, or has immediately returned from | ||||||
11 | deployment to a combat zone or combat-support posting must be | ||||||
12 | granted additional absences, at the discretion of the school | ||||||
13 | district's superintendent, to visit with his or her parent or | ||||||
14 | legal guardian relative to such leave or deployment of the | ||||||
15 | parent or guardian.
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16 | (Source: P.A. 96-953, eff. 6-28-10 .)
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17 | (105 ILCS 70/40) | ||||||
18 | (Section scheduled to be repealed on June 30, 2015)
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19 | Sec. 40. State coordination. | ||||||
20 | (a) Each member state of the Interstate Commission on | ||||||
21 | Educational Opportunity for Military Children shall, through | ||||||
22 | the creation of a State Council or
use of an existing body or | ||||||
23 | board, provide for the coordination among its
agencies of | ||||||
24 | government, local education agencies, and military
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25 | installations concerning the State's participation in and |
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1 | compliance
with the compact and Interstate Commission | ||||||
2 | activities. The State Council shall be comprised of the | ||||||
3 | Illinois P-20 Council, representatives appointed by the | ||||||
4 | Illinois P-20 Council from a school district associated with | ||||||
5 | each of this State's major, active duty military installations | ||||||
6 | and having the highest percentage of students who are children | ||||||
7 | of active duty military personnel and an additional 2 school | ||||||
8 | districts with the highest percentage of students who are | ||||||
9 | children of active duty military personnel the 3 school | ||||||
10 | districts in this State with the highest percentage of children | ||||||
11 | from military families , and one non-voting representative | ||||||
12 | appointed by each active-duty military installation commander | ||||||
13 | in this State. | ||||||
14 | (b) The compact commissioner responsible for the | ||||||
15 | administration and
management of the State's participation in | ||||||
16 | the compact shall be
appointed by the State Council.
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17 | (Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12.)
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18 | (105 ILCS 70/995 rep.) | ||||||
19 | Section 20. The Educational Opportunity for Military | ||||||
20 | Children Act is amended by repealing Section 995.
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
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