SCH CD-ADMIN WITHDRAW-TRUANCY

Illinois General Assembly - Full Text of SB3774

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Full Text of SB3774

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SB3774 - 104th General Assembly

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SB3774 Enrolled
LRB104 20683 LNS 34182 b
1

AN ACT concerning education.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The School Code is amended by changing Section
5
26-12 as follows:

6

(105 ILCS 5/26-12)

(from Ch. 122, par. 26-12)
7

Sec. 26-12.
Punitive action.
8

(a) No punitive action, including out-of-school
9
suspensions, expulsions, or court action, shall be taken
10
against truant minors for such truancy unless appropriate and
11
available supportive services and other school resources have
12
been provided to the student. Notwithstanding the provisions
13
of Section 10-22.6 of this Code, a truant minor may not be
14
administratively withdrawn

expelled
for nonattendance unless
15
he or she has accrued 15 consecutive days of absences without
16
valid cause and the student cannot be located by the school
17
district or the school district has located the student but
18
cannot, after exhausting all available supportive services,
19
compel the student to return to school.
A school district must
20
make at least 3 documented attempts to notify the parent or
21
guardian of its intent to administratively withdraw a student
22
pursuant to this subsection prior to withdrawing the student.
23
The State Board may further clarify the requirements of this

SB3774 Enrolled
- 2 -
LRB104 20683 LNS 34182 b
1
subsection through administrative rules.

2

(b) School personnel may not refer a truant, chronic
3
truant, or truant minor to any other local public entity, as
4
defined under Section 1-206 of the Local Governmental and
5
Governmental Employees Tort Immunity Act, school resource
6
officer, as defined in Section 10-20.68 of this Code, or peace
7
officer, as defined in Section 2-13 of the Criminal Code of
8
2012, for that local public entity, school resource officer,
9
or peace officer to issue the child a fine or a fee as
10
punishment for his or her truancy.
11

(c) A school district may refer any person having custody
12
or control of a truant, chronic truant, or truant minor to any
13
other local public entity, as defined under Section 1-206 of
14
the Local Governmental and Governmental Employees Tort
15
Immunity Act, for that local public entity to issue the person
16
a fine or fee for the child's truancy only if the school
17
district's truant officer, regional office of education, or
18
intermediate service center has been notified of the truant
19
behavior and the school district, regional office of
20
education, or intermediate service center has offered all
21
appropriate and available supportive services and other school
22
resources to the child. Before a school district may refer a
23
person having custody or control of a child to a municipality,
24
as defined under Section 1-1-2 of the Illinois Municipal Code,
25
the school district must provide the following appropriate and
26
available services:

SB3774 Enrolled
- 3 -
LRB104 20683 LNS 34182 b
1

(1) For any child who is a homeless child, as defined
2

under Section 1-5 of the Education for Homeless Children
3

Act, a meeting between the child, the person having
4

custody or control of the child, relevant school
5

personnel, and a homeless liaison to discuss any barriers
6

to the child's attendance due to the child's transitional
7

living situation and to construct a plan that removes
8

these barriers.
9

(2) For any child with a documented disability, a
10

meeting between the child, the person having custody or
11

control of the child, and relevant school personnel to
12

review the child's current needs and address the
13

appropriateness of the child's placement and services. For
14

any child subject to Article 14 of this Code, this meeting
15

shall be an individualized education program meeting and
16

shall include relevant members of the individualized
17

education program team. For any child with a disability
18

under Section 504 of the federal Rehabilitation Act of
19

1973 (29 U.S.C. 794), this meeting shall be a Section 504
20

plan review and include relevant members of the Section
21

504 plan team.
22

(3) For any child currently being evaluated by a
23

school district for a disability or for whom the school
24

has a basis of knowledge that the child is a child with a
25

disability under 20 U.S.C. 1415(k)(5), the completion of
26

the evaluation and determination of the child's

SB3774 Enrolled
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LRB104 20683 LNS 34182 b
1

eligibility for special education services.
2

(d) Before a school district may refer a person having
3
custody or control of a child to a local public entity under
4
this Section, the school district must document any
5
appropriate and available supportive services offered to the
6
child. In the event a meeting under this Section does not
7
occur, a school district must have documentation that it made
8
reasonable efforts to convene the meeting at a mutually
9
convenient time and date for the school district and the
10
person having custody or control of the child and, but for the
11
conduct of that person, the meeting would have occurred.
12
(Source: P.A. 104-430, eff. 8-20-25.)

13

Section 99.
Effective date.
This Act takes effect upon
14
becoming law.

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