SB 3774

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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,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
526-12 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
9suspensions, expulsions, or court action, shall be taken
10against truant minors for such truancy unless appropriate and
11available supportive services and other school resources have
12been provided to the student. Notwithstanding the provisions
13of Section 10-22.6 of this Code, a truant minor may not be
14administratively withdrawn [expelled] for nonattendance unless
15he or she has accrued 15 consecutive days of absences without
16valid cause and the student cannot be located by the school
17district or the school district has located the student but
18cannot, after exhausting all available supportive services,
19compel the student to return to school. A school district must 
20make at least 3 documented attempts to notify the parent or 
21guardian of its intent to administratively withdraw a student 
22pursuant to this subsection prior to withdrawing the student. 
23The State Board may further clarify the requirements of this 
		SB3774 Enrolled	- 2 -	LRB104 20683 LNS 34182 b
1subsection through administrative rules.
2    (b) School personnel may not refer a truant, chronic
3truant, or truant minor to any other local public entity, as
4defined under Section 1-206 of the Local Governmental and
5Governmental Employees Tort Immunity Act, school resource
6officer, as defined in Section 10-20.68 of this Code, or peace
7officer, as defined in Section 2-13 of the Criminal Code of
82012, for that local public entity, school resource officer,
9or peace officer to issue the child a fine or a fee as
10punishment for his or her truancy.
11    (c) A school district may refer any person having custody
12or control of a truant, chronic truant, or truant minor to any
13other local public entity, as defined under Section 1-206 of
14the Local Governmental and Governmental Employees Tort
15Immunity Act, for that local public entity to issue the person
16a fine or fee for the child's truancy only if the school
17district's truant officer, regional office of education, or
18intermediate service center has been notified of the truant
19behavior and the school district, regional office of
20education, or intermediate service center has offered all
21appropriate and available supportive services and other school
22resources to the child. Before a school district may refer a
23person having custody or control of a child to a municipality,
24as defined under Section 1-1-2 of the Illinois Municipal Code,
25the school district must provide the following appropriate and
26available 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	- 4 -	LRB104 20683 LNS 34182 b
1    eligibility for special education services.
2    (d) Before a school district may refer a person having
3custody or control of a child to a local public entity under
4this Section, the school district must document any
5appropriate and available supportive services offered to the
6child. In the event a meeting under this Section does not
7occur, a school district must have documentation that it made
8reasonable efforts to convene the meeting at a mutually
9convenient time and date for the school district and the
10person having custody or control of the child and, but for the
11conduct 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
14becoming law.