Bill Text: IL HB5434 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the State Board of Education Article of the School Code. Provides that a student shall remain on the attendance rolls of a school district until a cause for disenrollment is given and confirmed with specified documentation. Amends the School Board Article of the Code. Requires the school district report card to contain data concerning the number of students who remained on the school district's attendance rolls, and the length of time in which each student remained on the school district's attendance rolls but was not attending school. Amends the Compulsory Attendance Article of the Code to make a corresponding change regarding a chronic or habitual truant.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5434 Detail]

Download: Illinois-2023-HB5434-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5434 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.13a from Ch. 122, par. 2-3.13a
105 ILCS 5/26-2a from Ch. 122, par. 26-2a
105 ILCS 5/10-17a
Amends the State Board of Education Article of the School Code. Provides that a student shall remain on the attendance rolls of a school district until a cause for disenrollment is given and confirmed with specified documentation. Amends the School Board Article of the Code. Requires the school district report card to contain data concerning the number of students who remained on the school district's attendance rolls, and the length of time in which each student remained on the school district's attendance rolls but was not attending school. Amends the Compulsory Attendance Article of the Code to make a corresponding change regarding a chronic or habitual truant.
LRB103 37482 RJT 67605 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB5434 LRB103 37482 RJT 67605 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
2-3.13a, 10-17a, and 26-2a as follows:
(105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
Sec. 2-3.13a. School records; transferring students.
(a) The State Board of Education shall establish and
implement rules requiring all of the public schools and all
private or nonpublic elementary and secondary schools located
in this State, whenever any such school has a student who is
transferring to any other public elementary or secondary
school located in this or in any other state, to forward within
10 days of notice of the student's transfer an unofficial
record of that student's grades to the school to which such
student is transferring. Each public school at the same time
also shall forward to the school to which the student is
transferring the remainder of the student's school student
records as required by the Illinois School Student Records
Act. In addition, if a student is transferring from a public
school, whether located in this or any other state, from which
the student has been suspended or expelled for knowingly
possessing in a school building or on school grounds a weapon

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as defined in the Gun Free Schools Act (20 U.S.C. 8921 et
seq.), for knowingly possessing, selling, or delivering in a
school building or on school grounds a controlled substance or
cannabis, or for battering a staff member of the school, and if
the period of suspension or expulsion has not expired at the
time the student attempts to transfer into another public
school in the same or any other school district: (i) any school
student records required to be transferred shall include the
date and duration of the period of suspension or expulsion;
and (ii) with the exception of transfers into the Department
of Juvenile Justice school district, the student shall not be
permitted to attend class in the public school into which he or
she is transferring until the student has served the entire
period of the suspension or expulsion imposed by the school
from which the student is transferring, provided that the
school board may approve the placement of the student in an
alternative school program established under Article 13A of
this Code. A school district may adopt a policy providing that
if a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion before being admitted into the school district. This
policy may allow placement of the student in an alternative
school program established under Article 13A of this Code, if
available, for the remainder of the suspension or expulsion.
Each public school and each private or nonpublic elementary or

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secondary school in this State shall within 10 days after the
student has paid all of his or her outstanding fines and fees
and at its own expense forward an official transcript of the
scholastic records of each student transferring from that
school in strict accordance with the provisions of this
Section and the rules established by the State Board of
Education as herein provided.
(b) The State Board of Education shall develop a one-page
standard form that Illinois school districts are required to
provide to any student who is moving out of the school district
and that contains the information about whether or not the
student is "in good standing" and whether or not his or her
medical records are up-to-date and complete. As used in this
Section, "in good standing" means that the student is not
being disciplined by a suspension or expulsion, but is
entitled to attend classes. No school district is required to
admit a new student who is transferring from another Illinois
school district unless he or she can produce the standard form
from the student's previous school district enrollment. No
school district is required to admit a new student who is
transferring from an out-of-state public school unless the
parent or guardian of the student certifies in writing that
the student is not currently serving a suspension or expulsion
imposed by the school from which the student is transferring.
(c) The State Board of Education shall, by rule, establish
a system to provide for the accurate tracking of transfer

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students. This system shall, at a minimum, require that a
student be counted as a dropout in the calculation of a
school's or school district's annual student dropout rate
unless the school or school district to which the student
transferred (known hereafter in this subsection (c) as the
transferee school or school district) sends notification to
the school or school district from which the student
transferred (known hereafter in this subsection (c) as the
transferor school or school district) documenting that the
student has enrolled in the transferee school or school
district. This notification must occur on or before July 31
following the school year during which the student withdraws
from the transferor school or school district or the student
shall be counted in the calculation of the transferor school's
or school district's annual student dropout rate. A request by
the transferee school or school district to the transferor
school or school district seeking the student's academic
transcripts or medical records shall be considered without
limitation adequate documentation of enrollment. Each
transferor school or school district shall keep documentation
of such transfer students for the minimum period provided in
the Illinois School Student Records Act. All records
indicating the school or school district to which a student
transferred are subject to the Illinois School Student Records
Act.
(d) A student shall remain on the attendance rolls of a

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school district until a cause for disenrollment is given and
confirmed with any of the following:
(1) A death certificate.
(2) A physician's note regarding extended illness.
(3) Written proof of medical non-compliance.
(4) Written proof of expulsion.
(5) Written documentation of the student no longer
being of school age.
(6) Graduation documentation.
(7) Program completion documentation.
(8) Enrollment documentation from another school
district.
(9) Signed documentation from a parent or guardian
that the parent or guardian will be educating the student
at home.
If a school district does not know the whereabouts of a
student for any extended period and has not received any
documentation as to the location of the pupil, the school
district shall alert the truant officer or, in a school
district that does not have a truant officer, the regional
superintendent or regional superintendent's designee.
(Source: P.A. 96-1423, eff. 8-3-10.)
(105 ILCS 5/10-17a)
Sec. 10-17a. State, school district, and school report
cards; Expanded High School Snapshot Report.

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(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report
card, school district report cards, and school report cards,
and shall by the most economical means provide to each school
district in this State, including special charter districts
and districts subject to the provisions of Article 34, the
report cards for the school district and each of its schools.
Because of the impacts of the COVID-19 public health emergency
during school year 2020-2021, the State Board of Education
shall have until December 31, 2021 to prepare and provide the
report cards that would otherwise be due by October 31, 2021.
During a school year in which the Governor has declared a
disaster due to a public health emergency pursuant to Section
7 of the Illinois Emergency Management Agency Act, the report
cards for the school districts and each of its schools shall be
prepared by December 31.
(2) In addition to any information required by federal
law, the State Superintendent shall determine the indicators
and presentation of the school report card, which must
include, at a minimum, the most current data collected and
maintained by the State Board of Education related to the
following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of

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students classified as low-income; the percentage of
students classified as English learners, the number of
students who graduate from a bilingual or English learner
program, and the number of students who graduate from,
transfer from, or otherwise leave bilingual programs; the
percentage of students who have individualized education
plans or 504 plans that provide for special education
services; the number and the percentage of all students in
grades kindergarten through 8, disaggregated by the
student students demographics described in this paragraph
(A), in each of the following categories: (i) those who
have been assessed for placement in a gifted education
program or accelerated placement, (ii) those who have
enrolled in a gifted education program or in accelerated
placement, and (iii) for each of categories (i) and (ii),
those who received direct instruction from a teacher who
holds a gifted education endorsement; the number and the
percentage of all students in grades 9 through 12,
disaggregated by the student demographics described in
this paragraph (A), who have been enrolled in an advanced
academic program; the percentage of students scoring at
the "exceeds expectations" level on the assessments
required under Section 2-3.64a-5 of this Code; the
percentage of students who annually transferred in or out
of the school district; average daily attendance; the
per-pupil operating expenditure of the school district;

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and the per-pupil State average operating expenditure for
the district type (elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual credit courses,
foreign language classes, computer science courses, school
personnel resources (including Career Technical Education
teachers), before and after school programs,
extracurricular activities, subjects in which elective
classes are offered, health and wellness initiatives
(including the average number of days of Physical
Education per week per student), approved programs of
study, awards received, community partnerships, and
special programs such as programming for the gifted and
talented, students with disabilities, and work-study
students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students who
participated in workplace learning experiences, the
percentage of students enrolled in post-secondary
institutions (including colleges, universities, community
colleges, trade/vocational schools, and training programs
leading to career certification within 2 semesters of high
school graduation), the percentage of students graduating

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from high school who are college and career ready, the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course, and the percentage
of students with disabilities under the federal
Individuals with Disabilities Education Act and Article 14
of this Code who have fulfilled the minimum State
graduation requirements set forth in Section 27-22 of this
Code and have been issued a regular high school diploma;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned
5 credits or more without failing more than one core
class, a measure of students entering kindergarten ready
to learn, a measure of growth, and the percentage of
students who enter high school on track for college and
career readiness;
(E) the school environment, including, where
applicable, high school dropout rate by grade level, the
percentage of students with less than 10 absences in a
school year, the percentage of teachers with less than 10
absences in a school year for reasons other than
professional development, leaves taken pursuant to the
federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the

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previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program
or advanced academic program and the manner in which
parents and guardians are made aware of the process and
criteria, the number of teachers who are National Board
Certified Teachers, disaggregated by race and ethnicity, 2
or more indicators from any school climate survey selected
or approved by the State and administered pursuant to
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section
2-3.153 of this Code, the combined percentage of teachers
rated as proficient or excellent in their most recent
evaluation, and, beginning with the 2022-2023 school year,
data on the number of incidents of violence that occurred
on school grounds or during school-related activities and
that resulted in an out-of-school suspension, expulsion,
or removal to an alternative setting, as reported pursuant
to Section 2-3.162;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the

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State contributed to the Teachers' Retirement System of
the State of Illinois in the prior fiscal year for the
school's employees, which shall be reported to the State
Board of Education by the Teachers' Retirement System of
the State of Illinois;
(H) for a school district organized under Article 34
of this Code only, State contributions to the Public
School Teachers' Pension and Retirement Fund of Chicago
and State contributions for health care for employees of
that school district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount;
(L) a school district's administrative costs;
(M) whether or not the school has participated in the
Illinois Youth Survey. In this paragraph (M), "Illinois
Youth Survey" means a self-report survey, administered in
school settings every 2 years, designed to gather

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information about health and social indicators, including
substance abuse patterns and the attitudes of students in
grades 8, 10, and 12;
(N) whether the school offered its students career and
technical education opportunities; and
(O) beginning Beginning with the October 2024 report
card, the total number of school counselors, school social
workers, school nurses, and school psychologists by
school, district, and State, the average number of
students per school counselor in the school, district, and
State, the average number of students per school social
worker in the school, district, and State, the average
number of students per school nurse in the school,
district, and State, and the average number of students
per school psychologist in the school, district, and
State; and .
(P) the number of students who remained on the school
district's attendance rolls under Section 2-3.13a, and the
length of time in which each student remained on the
school district's attendance rolls but was not attending
school.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and

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enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Accelerated placement" has the meaning ascribed to that
term in Section 14A-17 of this Code.
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study,
including, but not limited to, accelerated placement, advanced
placement coursework, International Baccalaureate coursework,
dual credit, or any course designated as enriched or honors,
that a student is enrolled in based on advanced cognitive
ability or advanced academic achievement compared to local age
peers and in which the curriculum is substantially
differentiated from the general curriculum to provide
appropriate challenge and pace.
"Computer science" means the study of computers and
algorithms, including their principles, their hardware and
software designs, their implementation, and their impact on
society. "Computer science" does not include the study of
everyday uses of computers and computer applications, such as
keyboarding or accessing the Internet.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed

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to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance
by Section 26-1 of this Code at each school and charter school.
(2.5) For any school report card prepared after July 1,
2025, for all high school graduation completion rates that are
reported on the school report card as required under this
Section or by any other State or federal law, the State
Superintendent of Education shall also report the percentage
of students who did not meet the requirements of high school
graduation completion for any reason and, of those students,
the percentage that are classified as students who fulfill the
requirements of Section 14-16 of this Code.
The State Superintendent shall ensure that for the
2023-2024 school year there is a specific code for districts
to report students who fulfill the requirements of Section
14-16 of this Code to ensure accurate reporting under this
Section.
All reporting requirements under this subsection (2.5)
shall be included on the school report card where high school
graduation completion rates are reported, along with a brief
explanation of how fulfilling the requirements of Section
14-16 of this Code is different from receiving a regular high

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school diploma.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information
relating to the operating expense per pupil and other finances
of the school district, and the State report card shall
include a subset of the information identified in paragraphs
(A) through (E) and paragraph (N) of subsection (2) of this
Section. The school district report card shall include the
average daily attendance, as that term is defined in
subsection (2) of this Section, of students who have
individualized education programs and students who have 504
plans that provide for special education services within the
school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice

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requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of
general circulation serving the district, and, upon request,
send the report cards home to a parent (unless the district
does not maintain an Internet web site, in which case the
report card shall be sent home to parents without request). If
the district posts the report card on its Internet web site,
the district shall send a written notice home to parents
stating (i) that the report card is available on the web site,
(ii) the address of the web site, (iii) that a printed copy of
the report card will be sent to parents upon request, and (iv)
the telephone number that parents may call to request a
printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(7) As used in this subsection (7):
"Advanced-track coursework or programs" means any high
school courses, sequence of courses, or class or grouping of
students organized to provide more rigorous, enriched,
advanced, accelerated, gifted, or above grade-level
instruction. This may include, but is not limited to, Advanced
Placement courses, International Baccalaureate courses,

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honors, weighted, advanced, or enriched courses, or gifted or
accelerated programs, classrooms, or courses.
"Course" means any high school class or course offered by
a school that is assigned a school course code by the State
Board of Education.
"English learner coursework or English learner program"
means a high school English learner course or program
designated to serve English learners, who may be designated as
English language learners or limited English proficiency
learners.
"Standard coursework or programs" means any high school
courses or classes other than advanced-track coursework or
programs, English learner coursework or programs, or special
education coursework or programs.
By October 31, 2027 and by October 31 of each subsequent
year, the State Board of Education, through the State
Superintendent of Education, shall prepare a stand-alone
report covering high schools, to be referred to as the
Expanded High School Snapshot Report. The State Board shall
post the Report on the State Board's Internet website. Each
school district with a high school shall include on the school
district's Internet website, if the district maintains an
Internet website, a hyperlink to the Report on the State
Board's Internet website titled "Expanded High School Snapshot
Report". Hyperlinks under this subsection (7) shall be
displayed in a manner that is easily accessible to the public.

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The Expanded High School Snapshot Report shall include:
(A) a listing of all standard coursework or programs
offered by a high school;
(B) a listing of all advanced-track coursework or
programs offered by a high school;
(C) a listing of all English learner coursework or
programs offered by a high school;
(D) a listing of all special education coursework or
programs offered by a high school;
(E) data tables and graphs comparing advanced-track
coursework or programs with standard coursework or
programs according to the following parameters:
(i) the average years of experience of all
teachers in a high school who are assigned to teach
advanced-track coursework or programs compared with
the average years of experience of all teachers in the
high school who are assigned to teach standard
coursework or programs;
(ii) the average years of experience of all
teachers in a high school who are assigned to teach
special education coursework or programs compared with
the average years of experience of all teachers in the
high school who are assigned to teach standard
coursework or programs;
(iii) the average years of experience of all
teachers in a high school who are assigned to teach

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English learner coursework or programs compared with
the average years of experience of all teachers in the
high school who are assigned to teach standard
coursework or programs;
(iv) the number of high school teachers who
possess bachelor's, master's, or doctorate degrees and
who are assigned to teach advanced-track courses or
programs compared with the number of teachers who
possess bachelor's, master's, or doctorate degrees and
who are assigned to teach standard coursework or
programs;
(v) the number of high school teachers who possess
bachelor's, master's, or doctorate degrees and who are
assigned to teach special education coursework or
programs compared with the number of teachers who
possess bachelor's, master's, or doctorate degrees and
who are assigned to teach standard coursework or
programs;
(vi) the number of high school teachers who
possess bachelor's, master's, or doctorate degrees and
who are assigned to teach English learner coursework
or programs compared with the number of teachers who
possess bachelor's, master's, or doctorate degrees and
who are assigned to teach standard coursework or
programs;
(vii) the average student enrollment and class

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size of advanced-track coursework or programs offered
in a high school compared with the average student
enrollment and class size of standard coursework or
programs;
(viii) the percentages of students delineated by
gender who are enrolled in advanced-track coursework
or programs in a high school compared with the gender
of students enrolled in standard coursework or
programs;
(ix) the percentages of students delineated by
gender who are enrolled in special education
coursework or programs in a high school compared with
the percentages of students enrolled in standard
coursework or programs;
(x) the percentages of students delineated by
gender who are enrolled in English learner coursework
or programs in a high school compared with the gender
of students enrolled in standard coursework or
programs;
(xi) the percentages of high school students in
each individual race and ethnicity category, as
defined in the most recent federal decennial census,
who are enrolled in advanced-track coursework or
programs compared with the percentages of students in
each individual race and ethnicity category enrolled
in standard coursework or programs;

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(xii) the percentages of high school students in
each of the race and ethnicity categories, as defined
in the most recent federal decennial census, who are
enrolled in special education coursework or programs
compared with the percentages of students in each of
the race and ethnicity categories who are enrolled in
standard coursework or programs;
(xiii) the percentages of high school students in
each of the race and ethnicity categories, as defined
in the most recent federal decennial census, who are
enrolled in English learner coursework or programs in
a high school compared with the percentages of high
school students in each of the race and ethnicity
categories who are enrolled in standard coursework or
programs;
(xiv) the percentage of high school students who
reach proficiency (the equivalent of a C grade or
higher on a grade A through F scale) in advanced-track
coursework or programs compared with the percentage of
students who earn proficiency (the equivalent of a C
grade or higher on a grade A through F scale) in
standard coursework or programs;
(xv) the percentage of high school students who
reach proficiency (the equivalent of a C grade or
higher on a grade A through F scale) in special
education coursework or programs compared with the

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percentage of high school students who earn
proficiency (the equivalent of a C grade or higher on a
grade A through F scale) in standard coursework or
programs; and
(xvi) the percentage of high school students who
reach proficiency (the equivalent of a C grade or
higher on a grade A through F scale) in English learner
coursework or programs compared with the percentage of
high school students who earn proficiency (the
equivalent of a C grade or higher on a grade A through
F scale) in standard coursework or programs; and
(F) data tables and graphs for each race and ethnicity
category, as defined in the most recent federal decennial
census, and gender category, as defined in the most recent
federal decennial census, describing:
(i) the total number of Advanced Placement courses
taken by race and ethnicity category and gender
category, as defined in the most recent federal
decennial census;
(ii) the total number of International
Baccalaureate courses taken by race and ethnicity
category and gender category, as defined in the most
recent federal decennial census;
(iii) for each race and ethnicity category and
gender category, as defined in the most recent federal
decennial census, the percentage of high school

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students enrolled in Advanced Placement courses;
(iv) for each race and ethnicity category and
gender category, as defined in the most recent federal
decennial census, the percentage of high school
students enrolled in International Baccalaureate
courses; and
(v) for each race and ethnicity category, as
defined in the most recent federal decennial census,
the total number and percentage of high school
students who earn a score of 3 or higher on the
Advanced Placement exam associated with an Advanced
Placement course.
For data on teacher experience and education under this
subsection (7), a teacher who teaches a combination of courses
designated as advanced-track coursework or programs, English
learner coursework or programs, or standard coursework or
programs shall be included in all relevant categories and the
teacher's level of experience shall be added to the
categories.
(Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22;
102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff.
7-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263,
eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24;
revised 9-12-23.)
(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)

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(Text of Section before amendment by 102-466)
Sec. 26-2a. A "truant" is defined as a child who is subject
to compulsory school attendance and who is absent without
valid cause, as defined under this Section, from such
attendance for more than 1% but less than 5% of the past 180
school days.
"Valid cause" for absence shall be illness, including the
mental or behavioral health of the student, observance of a
religious holiday, death in the immediate family, attendance
at a civic event, or family emergency and shall include such
other situations beyond the control of the student, as
determined by the board of education in each district, or such
other circumstances which cause reasonable concern to the
parent for the mental, emotional, or physical health or safety
of the student.
"Chronic or habitual truant" shall be defined as a child
who is subject to compulsory school attendance and who is
absent without valid cause from such attendance for 5% or more
of the previous 180 regular attendance days. "Chronic or
habitual truant" does not include students kept on a school's
attendance rolls while a school district is waiting on
documentation regarding the whereabouts or enrollment status
of a student under Section 2-3.13a.
"Civic event" means an event sponsored by a non-profit
organization or governmental entity that is open to the
public. "Civic event" includes, but is not limited to, an

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artistic or cultural performance or educational gathering that
supports the mission of the sponsoring non-profit
organization. The State Board of Education may adopt rules to
further define "civic event".
"Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
A "dropout" is defined as any child enrolled in grades 9
through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's
death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program
of studies and who has not transferred to another public or
private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another
country.
"Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22;
102-321, eff. 1-1-22; 102-813, eff. 5-13-22; 102-981, eff.
1-1-23.)

HB5434 - 26 - LRB103 37482 RJT 67605 b
(Text of Section after amendment by P.A. 102-466)
Sec. 26-2a. A "truant" is defined as a child who is subject
to compulsory school attendance and who is absent without
valid cause, as defined under this Section, from such
attendance for more than 1% but less than 5% of the past 180
school days.
"Valid cause" for absence shall be illness, including the
mental or behavioral health of the student, attendance at a
verified medical or therapeutic appointment, appointment with
a victim services provider, observance of a religious holiday,
death in the immediate family, attendance at a civic event, or
family emergency and shall include such other situations
beyond the control of the student, as determined by the board
of education in each district, or such other circumstances
which cause reasonable concern to the parent for the mental,
emotional, or physical health or safety of the student. For
purposes of a student who is an expectant parent, or parent, or
victim of domestic or sexual violence, "valid cause" for
absence includes (i) the fulfillment of a parenting
responsibility, including, but not limited to, arranging and
providing child care, caring for a sick child, attending
prenatal or other medical appointments for the expectant
student, and attending medical appointments for a child, and
(ii) addressing circumstances resulting from domestic or
sexual violence, including, but not limited to, experiencing
domestic or sexual violence, recovering from physical or

HB5434 - 27 - LRB103 37482 RJT 67605 b
psychological injuries, seeking medical attention, seeking
services from a domestic or sexual violence organization, as
defined in Article 26A, seeking psychological or other
counseling, participating in safety planning, temporarily or
permanently relocating, seeking legal assistance or remedies,
or taking any other action to increase the safety or health of
the student or to protect the student from future domestic or
sexual violence. A school district may require a student to
verify his or her claim of domestic or sexual violence under
Section 26A-45 prior to the district approving a valid cause
for an absence of 3 or more consecutive days that is related to
domestic or sexual violence.
"Chronic or habitual truant" shall be defined as a child
who is subject to compulsory school attendance and who is
absent without valid cause from such attendance for 5% or more
of the previous 180 regular attendance days. "Chronic or
habitual truant" does not include students kept on a school's
attendance rolls while a school district is waiting on
documentation regarding the whereabouts or enrollment status
of a student under Section 2-3.13a.
"Civic event" means an event sponsored by a non-profit
organization or governmental entity that is open to the
public. "Civic event" includes, but is not limited to, an
artistic or cultural performance or educational gathering that
supports the mission of the sponsoring non-profit
organization. The State Board of Education may adopt rules to

HB5434 - 28 - LRB103 37482 RJT 67605 b
further define "civic event".
"Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
A "dropout" is defined as any child enrolled in grades 9
through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's
death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program
of studies and who has not transferred to another public or
private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another
country.
"Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22;
102-321, eff. 1-1-22; 102-466, eff. 7-1-25; 102-813, eff.
5-13-22; 102-981, eff. 1-1-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section

HB5434 - 29 - LRB103 37482 RJT 67605 b