2023 Illinois Compiled Statutes › Chapter 105 - SCHOOLS › 105 ILCS 5/ - School Code. › Article 26 - Pupils--Compulsory Attendance

(105 ILCS 5/Art. 26 heading)
ARTICLE 26.  
		PUPILS--COMPULSORY ATTENDANCE
(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
Sec. 26-1. Compulsory school age; exemptions. Whoever has custody or control of any child (i) between the ages of 7 and 17

years (unless the child has already graduated from high school) for school years before the 2014-2015 school year or (ii) between the ages
of 6 (on or before September 1) and 17 years (unless the child has already graduated from high school) beginning with the 2014-2015 school year
shall cause such child to attend some public school in the district
wherein the child resides the entire time it is in session during the
regular school term, except as provided in Section 10-19.1, and during a
required summer school program established under Section 10-22.33B; provided,
that
the following children shall not be required to attend the public schools:
1. Any child attending a private or a parochial     school where children are taught the branches of education taught to children of corresponding age and grade in the public schools, and where the instruction of the child in the branches of education is in the English language;
2. Any child who is physically or mentally unable to     attend school, such disability being certified to the county or district truant officer by a competent physician licensed in Illinois to practice medicine and surgery in all its branches, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, a licensed physician assistant, or a Christian Science practitioner residing in this State and listed in the Christian Science Journal; or who is excused for temporary absence for cause by the principal or teacher of the school which the child attends, with absence for cause by illness being required to include the mental or behavioral health of the child for up to 5 days for which the child need not provide a medical note, in which case the child shall be given the opportunity to make up any school work missed during the mental or behavioral health absence and, after the second mental health day used, may be referred to the appropriate school support personnel; the exemptions in this paragraph (2) do not apply to any female who is pregnant or the mother of one or more children, except where a female is unable to attend school due to a complication arising from her pregnancy and the existence of such complication is certified to the county or district truant officer by a competent physician;
3. Any child necessarily and lawfully employed     according to the provisions of the law regulating child labor may be excused from attendance at school by the county superintendent of schools or the superintendent of the public school which the child should be attending, on certification of the facts by and the recommendation of the school board of the public school district in which the child resides. In districts having part-time continuation schools, children so excused shall attend such schools at least 8 hours each week;
4. Any child over 12 and under 14 years of age while     in attendance at confirmation classes;
5. Any child absent from a public school on a     particular day or days or at a particular time of day for the reason that he is unable to attend classes or to participate in any examination, study, or work requirements on a particular day or days or at a particular time of day because of religious reasons, including the observance of a religious holiday or participation in religious instruction,  or because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day.  A school board may require the parent or guardian of a child who is to be excused from attending school because of religious reasons to give notice, not exceeding 5 days, of the child's absence to the school principal or other school personnel.  Any child excused from attending school under this paragraph 5 shall not be required to submit a written excuse for such absence after returning to school. A district superintendent shall develop and distribute to schools appropriate procedures regarding a student's absence for religious reasons, how schools are notified of a student's impending absence for religious reasons, and the requirements of Section 26-2b of this Code;
6.  Any child 16 years of age or older who (i)     submits to a school district evidence of necessary and lawful employment pursuant to paragraph 3 of this Section and (ii) is enrolled in a graduation incentives program pursuant to Section 26-16 of this Code or an alternative learning opportunities program established pursuant to Article 13B of this Code;
7.  A child in any of grades 6 through 12 absent from     a public school on a particular day or days or at a particular time of day for the purpose of sounding "Taps" at a military honors funeral held in this State for a deceased veteran. In order to be excused under this paragraph 7, the student shall notify the school's administration at least 2 days prior to the date of the absence and shall provide the school's administration with the date, time, and location of the military honors funeral.  The school's administration may waive this 2-day notification requirement if the student did not receive at least 2 days advance notice, but the student shall notify the school's administration as soon as possible of the absence.   A student whose absence is excused under this paragraph 7 shall be counted as if the student attended school for purposes of calculating the average daily attendance of students in the school district. A student whose absence is excused under this paragraph 7 must be allowed a reasonable time to make up school work missed during the absence.  If the student satisfactorily completes the school work, the day of absence shall be counted as a day of compulsory attendance and he or she may not be penalized for that absence; and
8.  Any child absent from a public school on a     particular day or days or at a particular time of day for the reason that his or her parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat-support postings.  Such a student shall be granted 5 days of excused absences in any school year and, at the discretion of the school board, additional excused absences to visit the student's parent or legal guardian relative to such leave or deployment of the parent or legal guardian. In the case of excused absences pursuant to this paragraph 8, the student and parent or legal guardian shall be responsible for obtaining assignments from the student's teacher prior to any period of excused absence and for ensuring that such assignments are completed by the student prior to his or her return to school from such period of excused absence.
Any child from a public middle school or high school, subject to guidelines established by the State Board of Education, shall be permitted by a school board one school day-long excused absence per school year for the child who is absent from school to engage in a civic event. The school board may require that the student provide reasonable advance notice of the intended absence to the appropriate school administrator and require that the student provide documentation of participation in a civic event to the appropriate school administrator.
(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; 102-406, eff. 8-19-21; 102-813, eff. 5-13-22; 102-981, eff. 1-1-23.)
(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)
Sec. 26-2. Enrolled pupils not of compulsory school age.
(a) Any person having
custody or control of a child who is below the age of 6 years or is 17 years of age or above and who is enrolled in any of grades kindergarten
through 12 in the public school shall cause the child to attend the public
school in the district wherein he or she resides when it is in session
during the regular school term, unless the child is excused under
 Section 26-1 of this Code.
(b) A school district shall deny reenrollment in its secondary schools
to any
child 19 years of age or above who has dropped out of school
and who could
not, because of age and lack of credits, attend classes during the normal
school year and graduate before his or her twenty-first birthday.
A district may, however, enroll the child in a graduation incentives program under Section 26-16 of this Code or an alternative learning
opportunities program established
under Article 13B.
No
child shall be denied reenrollment for the above reasons
unless the school district first offers the child
due process as required in cases of expulsion under Section
10-22.6.  If a child is denied reenrollment after being provided with due
process, the school district must provide counseling to that child and
must direct that child to
alternative educational
programs, including adult education programs, that lead to graduation or
receipt of a State of Illinois High School Diploma.
(c)
A school or school district may deny enrollment to a student 17 years of age
or
older for one semester for failure to meet minimum attendance standards if all
of the
following conditions are met:
(1) The student was absent without valid cause for     20% or more of the attendance days in the semester immediately prior to the current semester.
(2) The student and the student's parent or guardian     are given written notice warning that the student is subject to denial from enrollment for one semester unless the student is absent without valid cause less than 20% of the attendance days in the current semester.
(3) The student's parent or guardian is provided with     the right to appeal the notice, as determined by the State Board of Education in accordance with due process.
(4) The student is provided with attendance     remediation services, including without limitation assessment, counseling, and support services.
(5) The student is absent without valid cause for 20%     or more of the attendance days in the current semester.
A school or school district may not deny enrollment to a student (or
reenrollment
to a dropout) who is at least 17

years of age or older but below 19
years for more
than one consecutive semester for failure to meet attendance
standards.
(d) No child may be denied reenrollment under this
Section in violation
of the federal Individuals with Disabilities Education Act or the Americans with
Disabilities Act.
(e) In this subsection (e), "reenrolled student" means a dropout who has
reenrolled
full-time in a public school. Each school district shall identify, track, and
report on the
educational progress and outcomes of reenrolled students as a subset of the
district's
required reporting on all enrollments.
A reenrolled student who again drops out must not be counted again
against a district's dropout rate performance measure.
The State
Board of Education shall set performance standards for programs serving
reenrolled
students.
(f) The State Board of Education shall adopt any rules necessary to
implement the
changes to this Section made by Public Act 93-803.
(Source: P.A. 102-981, eff. 1-1-23; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.)
(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
(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.
"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 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.)
(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 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.
"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 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.)
(105 ILCS 5/26-2b) (from Ch. 122, par. 26-2b)
Sec. 26-2b. 
Any child enrolled in a public school who is unable,
because of the observance of a religious holiday, to attend classes on a
particular day or days or at a particular time of day shall be excused from
any examination or any study or work assignments on such particular day or
days or at such particular time of day.  It shall be the responsibility of
the teachers and of the administrative officials of each public school to
make available to each child who is absent from school because of the
observance of a religious holiday an equivalent opportunity to make up any
examination, study or work requirements which he has missed because of such
absence on any particular day or days or at any particular time of day.  No
special fees of any kind shall be charged to the child for making available
to such child such equivalent opportunity.  No adverse or prejudicial
effects shall result to any child because of his availing himself of the
provisions of this Section.
(Source: P.A. 102-406, eff. 8-19-21.)
(105 ILCS 5/26-3) (from Ch. 122, par. 26-3)
Sec. 26-3. 
		
		Teachers furnished list-Report of non-attendance-Report
of persons not on list.
The clerk or secretary of the school board of all school districts
except those employing district truant officers shall furnish the
superintendent of schools at the beginning of the school year a list of the names and
addresses of the children living in the district who come under the
provisions of this Article and of persons having custody or control of
such children.  The superintendent shall at the opening of school and at other
times when required by the regional superintendent of schools compare the
list with the enrollment of the school or schools and report to the regional
superintendent of schools the names of persons having custody or control
of children included under the provisions of this Article who are truant
or who are chronic or habitual truants for whom supportive services and
other school resources have failed to correct the truant behavior and who are not in
regular attendance at the public school, and the names of such children
and their ages, stating in each case, if known, the cause of such
absence. The report shall also contain the names of any other persons
who were not enumerated in the list at the beginning of school and who
have the custody or control of children not attending school. The regional
superintendent shall, without delay, place such information at the
disposal of the regional truant officer.
(Source: P.A. 80-908.)
(105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a)
Sec. 26-3a. Report of pupils no longer enrolled in school.
The clerk or secretary of the school board of all school districts shall
furnish quarterly on the first school day of October, January, April and
July to the regional superintendent and to the Secretary of State a list of pupils, excluding
transferees, who have been expelled or have withdrawn or who have left
school and have been removed from the regular attendance rolls during the
period of time school was in regular session from the time of the previous
quarterly report. Such list shall include the names and addresses of pupils
formerly in attendance, the names and addresses of persons having custody
or control of such pupils, the reason, if known, such pupils are no longer
in attendance and the date of removal from the attendance rolls. The list shall also include the names of: pupils  whose withdrawal is due to extraordinary circumstances, including but not limited to economic or medical necessity or family hardship, as determined by the criteria established by the school district; pupils who have re-enrolled in school since their names were removed from the attendance rolls; any pupil certified to be a chronic or habitual truant, as defined in Section 26-2a; and pupils previously certified as chronic or habitual truants who have resumed regular school attendance. The
regional superintendent shall inform the county or district truant officer
who shall investigate to see that such pupils are in compliance with the
requirements of this Article.
Each local school district shall establish, in writing, a set of criteria for use by the local superintendent of schools in determining whether a pupil's failure to attend school is the result of extraordinary circumstances, including but not limited to economic or medical necessity or family hardship.
If a pupil re-enrolls in school after his or her name was removed from the attendance rolls or resumes regular attendance after being certified a chronic or habitual truant, the pupil must obtain and forward to the Secretary of State, on a form designated by the Secretary of State, verification of his or her re-enrollment. The verification may be in the form of a signature or seal or in any other form determined by the school board.
The State Board of Education shall, if possible, make available to any person, upon request, a comparison of drop out rates before and after the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-916, eff. 7-1-07; 95-496, eff. 8-28-07.)
(105 ILCS 5/26-3b) (from Ch. 122, par. 26-3b)
Sec. 26-3b. 
		
		Beginning July 1, 1986, if any child enrolled in a public school
in grades Kindergarten through 8 is absent from school, and there is no record
that such absence is for a valid cause, as defined under Article 26 of this
Code, nor notification that the absence has been authorized by the parent,
legal guardian or other person having legal custody of such child, an
employee or other agent, whether a volunteer or otherwise, designated by
the public school in which the child
is enrolled shall, within 2 hours after the first class in which the child
is enrolled, make a reasonable effort to promptly telephone and notify
the parent, legal guardian, or other person having legal
custody of the child, of the child's absence from school.  Such
notification shall not be given for an absence authorized by the parent,
legal guardian or other person having legal custody of such child.  Prior
to any enrollment of a child in a public school, the school district shall
notify parents, legal guardians, or other persons having legal custody of a
child, of their responsibility to authorize any absence and to notify the
school in advance or at the time of any such absence, and that the school
requires at least one and not more than 2 telephone numbers be given for
purposes of this Section. The school district shall require that such
telephone numbers be given at the time of enrollment of the child in
school, which said numbers may be changed from time to time upon
notification to the school.
The requirements of this Section shall have been met by the school if
notification of an absence has been attempted by telephoning the 1 or 2
numbers given the school by the parent, legal guardian or other person
having legal custody of a child, whether or not there is any answer at such
telephone number or numbers.  Further, the requirements of this Section
shall have been met if the said notification is given to a member of the
household of the child's parent, legal guardian or other person having
legal custody of the child, which said member of the household must be 10
years of age or older.
An employee or other agent designated by the public school who in good
faith makes a reasonable effort to notify the parent, legal guardian or
other person having legal custody of a child of the child's absence from
school, when required by this Section, shall not, as a result of his acts
or omissions, except wilful or wanton misconduct on the part of such
employee or agent in attempting to comply with the notification
requirements of this Section, be liable for civil damages.
(Source: P.A. 84-178; 84-682.)
(105 ILCS 5/26-3d) (from Ch. 122, par. 26-3d)
Sec. 26-3d. 
All regional superintendents, district
superintendents, and special education joint agreement directors shall
collect data concerning truants, chronic truants, and truant minor pupils
 as designated by the State Board
of Education. On or before August 15 of each year, this data must be submitted to the State Board of Education.
(Source: P.A. 96-734, eff. 8-25-09.)
(105 ILCS 5/26-4)
Sec. 26-4. 
		(Repealed).
(Source: Repealed by P.A. 88-50.)
(105 ILCS 5/26-5) (from Ch. 122, par. 26-5)
Sec. 26-5. 
		
		Duties
of truant officers.
The truant officer of the school district, whenever notified by the
Superintendent, teacher, or other person of violations of this Article, or
the county truant officer, when notified by the County Superintendent,
shall investigate all cases of truancy or non-attendance at school in their
respective jurisdictions, and if the children complained of are not exempt
under the provisions of this Article, the truant officer shall proceed as
is provided in this Article. The county truant officer, within the county
and the district truant officers, within their respective districts, shall
in the exercise of their duties be conservators of the peace and shall keep
the same, suppress riots, routs, affray, fighting, breaches of the peace,
and prevent crime; and may arrest offenders on view and cause them to be
brought before proper officials for trial or examination.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/26-6) (from Ch. 122, par. 26-6)
Sec. 26-6. 
		List and reports in districts employing truant officers.
In school districts which employ truant officers the clerk or
secretary of the school board shall at the beginning of each school year
furnish a copy of the last school census to the superintendent of
schools (or principal teacher) in the district, together with the names
and addresses of the truant officers in the district, and the
superintendent, (or principal teacher) shall compare the census list
with the enrollment of the school or schools and, from time to time,
report to the proper truant officers the names and addresses of persons
having custody or control of children included under the provisions of
this Article who are truant or who are chronic or habitual truants for whom
supportive services and other school resources have failed to correct the
truant behavior and who are not in regular attendance at public schools
and also the names of persons having custody or control of children who are
not in regular attendance at school and whose names are not included in
the census list.
(Source: P.A. 80-908.)
(105 ILCS 5/26-7) (from Ch. 122, par. 26-7)
Sec. 26-7. Notice
to custodian-Notice of non-compliance. If any person fails to send any child under his custody or control to
some lawful school, the truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee
						shall, as soon as practicable after
he is notified thereof, give notice in person or by mail to such person
that such child shall be present at the proper public school on the day
following the receipt of such notice. The notice shall state the date that
attendance at school must begin and that such attendance must be continuous
and consecutive in the district during the remainder of the school year.
The truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee shall at the same time that such notice is given notify
the teacher or superintendent of the proper public school thereof and the
teacher or superintendent shall notify the truant officer or regional superintendent of schools of any
non-compliance therewith.
(Source: P.A. 93-858, eff. 1-1-05.)
(105 ILCS 5/26-8) (from Ch. 122, par. 26-8)
Sec. 26-8. Determination as to compliance - Complaint in circuit court.
Except for a school district organized under Article 34 of this Code, a truant officer or, in a school district that does not have a truant officer, the regional superintendent of schools or his or her designee, after giving the notice provided in Section 26-7, shall
determine whether  the notice has been complied with. If 3 notices have been given and the notices have not
been complied with, and if the persons having custody or control have knowingly
and willfully permitted the truant behavior to continue, the regional superintendent of schools, or his or her designee, of the school district where the child resides shall conduct a truancy hearing.  If the regional superintendent determines as a result of the hearing that the child is truant, the regional superintendent shall, if age appropriate at the discretion of the regional superintendent, require the student to complete 20 to 40 hours of community service over a period of 90 days.  If the truancy persists, the regional superintendent shall (i) make complaint against the persons having custody or control to the state's
attorney or in the circuit court in the county where such person resides
for failure to comply with the provisions of this Article or (ii) conduct truancy mediation and encourage the student to enroll in a graduation incentives program under Section 26-16 of this Code.  If, however,
after giving the notice provided in Section 26-7 the truant behavior has
continued, and the child is beyond the control of the parents, guardians
or custodians, a truancy petition shall be filed under the provisions of
Article III of the Juvenile Court Act of 1987.
(Source: P.A. 102-456, eff. 1-1-22.)
(105 ILCS 5/26-8a) (from Ch. 122, par. 26-8a)
Sec. 26-8a. 
		
		The petition for court action shall include the name of the
truant minor, the names and addresses of persons having custody or control
of the student, the dates of the truant behavior, the dates and nature of
contacts or conferences with the student and the persons having custody
or control of the student, and the nature of the supportive services, alternative
programs and other school resources the school district provided to that
child in an effort to correct that child's truant behavior.
(Source: P.A. 80-908.)
(105 ILCS 5/26-8b) (from Ch. 122, par. 26-8b)
Sec. 26-8b. 
		
		When a petition is filed, it shall be set for an
adjudicatory hearing within 10 days and acted upon within 30 days, subject
to the provisions of the Juvenile Court Act or the Juvenile Court Act of
1987 if filed thereunder.
(Source: P.A. 85-1209.)
(105 ILCS 5/26-9) (from Ch. 122, par. 26-9)
Sec. 26-9. 
		
		School
officers and teachers to assist truant officers.
School officers, superintendents, teachers or other persons shall render
such assistance and furnish such information as they have to aid truant
officers in the performance of their duties.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/26-10) (from Ch. 122, par. 26-10)
Sec. 26-10. 
		
		Fine for noncompliance.)  Any person having custody or control
of a child subject to the provisions of this Article to whom notice has
been given of the child's truancy and who knowingly and wilfully permits
such a child to persist in his truancy within that school year, upon conviction
thereof shall be guilty of a Class C misdemeanor and shall be subject to
not more than 30 days imprisonment and/or a fine of up to $500.
(Source: P.A. 80-908.)
(105 ILCS 5/26-11) (from Ch. 122, par. 26-11)
Sec. 26-11. 
		Punishment for certain offenses.
Any person who induces or attempts to induce any child to be absent from
school unlawfully, or who knowingly employs or harbors, while school is in
session, any child absent unlawfully from school for 3 consecutive school
days, is guilty of a Class C misdemeanor.
(Source: P.A. 77-2267.)
(105 ILCS 5/26-12) (from Ch. 122, par. 26-12)
Sec. 26-12. Punitive action.
(a) No punitive action,
including out-of-school suspensions, expulsions, or court action, shall
be taken against truant minors for such truancy unless appropriate and available supportive services
and other school resources have been provided to the student. Notwithstanding the provisions of Section 10-22.6 of this Code, a truant minor may not be expelled for nonattendance unless he or she has accrued 15 consecutive days of absences without valid cause and the student cannot be located by the school district or the school district has located the student but cannot, after exhausting all available supportive services, compel the student to return to school.
(b) A school district may not refer a truant, chronic truant, or truant minor to any other local public entity, as defined under Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act, for that local public entity to issue the child a fine or a fee as punishment for his or her truancy.
(c) A school district may refer any person having custody or control of a truant, chronic truant, or truant minor to any other local public entity, as defined under Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act, for that local public entity to issue the person a fine or fee for the child's truancy only if the school district's truant officer, regional office of education, or intermediate service center has been notified of the truant behavior and the school district, regional office of education, or intermediate service center has offered all appropriate and available supportive services and other school resources to the child. Before a school district may refer a person having custody or control of a child to a municipality, as defined under Section 1-1-2 of the Illinois Municipal Code, the school district must provide the following appropriate and available services:
(1) For any child who is a homeless child, as defined     under Section 1-5 of the Education for Homeless Children Act, a meeting between the child, the person having custody or control of the child, relevant school personnel, and a homeless liaison to discuss any barriers to the child's attendance due to the child's transitional living situation and to construct a plan that removes these barriers.
(2) For any child with a documented disability, a     meeting between the child, the person having custody or control of the child, and relevant school personnel to review the child's current needs and address the appropriateness of the child's placement and services. For any child subject to Article 14 of this Code, this meeting shall be an individualized education program meeting and shall include relevant members of the individualized education program team. For any child with a disability under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. 794), this meeting shall be a Section 504 plan review and include relevant members of the Section 504 plan team.
(3) For any child currently being evaluated by a     school district for a disability or for whom the school has a basis of knowledge that the child is a child with a disability under 20 U.S.C. 1415(k)(5), the completion of the evaluation and determination of the child's eligibility for special education services.
(d) Before a school district may refer a person having custody or control of a child to a local public entity under this Section, the school district must document any appropriate and available supportive services offered to the child. In the event a meeting under this Section does not occur, a school district must have documentation that it made reasonable efforts to convene the meeting at a mutually convenient time and date for the school district and the person having custody or control of the child and, but for the conduct of that person, the meeting would have occurred.
(Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18; 101-81, eff. 7-12-19.)
(105 ILCS 5/26-13) (from Ch. 122, par. 26-13)
Sec. 26-13. Absenteeism and truancy policies. School districts shall
adopt policies, consistent with rules adopted by the State Board of
Education and Section 22-92, which identify the appropriate supportive services and available
resources which are provided for truants and chronic truants.
(Source: P.A. 102-157, eff. 7-1-22; 102-813, eff. 5-13-22.)
(105 ILCS 5/26-14) (from Ch. 122, par. 26-14)
Sec. 26-14. Truancy programs for dropouts. Any dropout, as defined in
Section 26-2a, who is 17 years of age
may apply to a school district
for status as a truant, and the school district shall permit such person to
participate in the district's various programs and resources for truants.
At the time of the person's application, the district may request
documentation of his dropout status for the previous 6 months.
(Source: P.A. 93-858, eff. 1-1-05.)
(105 ILCS 5/26-15) (from Ch. 122, par. 26-15)
Sec. 26-15. 
		Truant minors. 
		When a regional superintendent has reason
to believe that a pupil is a truant minor as defined in Section 26-2a, the
regional superintendent may report such pupil under the provisions of the
Juvenile Court Act.
(Source: P.A. 85-1209.)
(105 ILCS 5/26-16)
Sec. 26-16. Graduation incentives program.
(a)  The General Assembly finds that it is critical to provide options for children to succeed in school.  The purpose of this Section is to provide incentives for and encourage all Illinois students who have experienced or are experiencing difficulty in the traditional education system to enroll in alternative programs.
(b)  Any student who is below the age of 20 years is eligible to enroll in a graduation incentives program if he or she:
(1)  is considered a dropout pursuant to Section     26-2a of this Code;
(2)  has been suspended or expelled pursuant to     Section 10-22.6 or 34-19 of this Code;
(3)  is pregnant or is a parent;
(4)  has been assessed as chemically dependent; or
(5)  is enrolled in a bilingual education or LEP     program.
(c)  The following programs qualify as graduation incentives programs for students meeting the criteria established in this Section:
(1)  Any public elementary or secondary education     graduation incentives program established by a school district or by a regional office of education.
(2)  Any alternative learning opportunities program     established pursuant to Article 13B of this Code.
(3)  Vocational or job training courses approved by     the State Superintendent of Education that are available through the Illinois public community college system.  Students may apply for reimbursement of 50% of tuition costs for one course per semester or a maximum of 3 courses per school year.  Subject to available funds, students may apply for reimbursement of up to 100% of tuition costs upon a showing of employment within 6 months after completion of a vocational or job training program. The qualifications for reimbursement shall be established by the State Superintendent of Education by rule.
(4)  Job and career programs approved by the State     Superintendent of Education that are available through Illinois-accredited private business and vocational schools.  Subject to available funds, pupils may apply for reimbursement of up to 100% of tuition costs upon a showing of employment within 6 months after completion of a job or career program.  The State Superintendent of Education shall establish, by rule, the qualifications for reimbursement, criteria for determining reimbursement amounts, and limits on reimbursement.
(5)  Adult education courses that offer preparation     for high school equivalency testing.
(d)  Graduation incentives programs established by school districts are entitled to claim general State aid and evidence-based funding, subject to Sections 13B-50, 13B-50.5, and 13B-50.10 of this Code. Graduation incentives programs operated by regional offices of education are entitled to receive general State aid and evidence-based funding at the foundation level of support per pupil enrolled. A school district must ensure that its graduation incentives program receives supplemental general State aid, transportation reimbursements, and special education resources, if appropriate, for students enrolled in the program.
(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/26-17)
Sec. 26-17. (Repealed).
(Source: P.A. 97-911, eff. 8-8-12. Repealed internally, eff. 11-2-12.)
(105 ILCS 5/26-18)
Sec. 26-18. Chronic absenteeism report and support.
(a) As used in this Section:
"Chronic absence" means absences that total 10% or more of school days of the most recent academic school year, including absences with and without valid cause, as defined in Section 26-2a of this Code, and out-of-school suspensions for an enrolled student.
"Student" means any enrolled student that is subject to compulsory attendance under Section 26-1 of this Code but does not mean a student for whom a documented homebound or hospital record is on file during the student's absence from school.
(b) The General Assembly finds that:
(1) The early years are a critical period in     children's learning and development. Every child should be counted present every day. Every day of school matters.
(2) Being absent too many days from school can make     it difficult for students to stay on-track academically and maintain the momentum to graduate from high school in order to be college- or career-ready.
(3) Every day of school attendance matters for all     students and their families. It is crucial, therefore, that the implications of chronic absence be understood and reviewed regularly.
(c) Beginning July 1, 2018, every school district, charter school, or alternative school or any school receiving public funds shall collect and review its chronic absence data and determine what systems of support and resources are needed to engage chronically absent students and their families to encourage the habit of daily attendance and promote success. The review shall include an analysis of chronic absence data from each attendance center or campus of the school district, charter school, or alternative school or other school receiving public funds.
(d) School districts, charter schools, or alternative schools or any school receiving public funds are encouraged to provide a system of support to students who are at risk of reaching or exceeding chronic absence levels with strategies such as those available through the Illinois Multi-tiered Systems of Support Network. Schools additionally are encouraged to make resources available to families such as those available through the State Board of Education's Family Engagement Framework to support and engage students and their families to encourage heightened school engagement and improved daily school attendance.
(Source: P.A. 100-156, eff. 1-1-18.)
(105 ILCS 5/26-19)
Sec. 26-19. Chronic absenteeism in preschool children.
(a) In this Section, "chronic absence" has the meaning ascribed to that term in Section 26-18 of this Code.
(b) The General Assembly makes all of the following findings:
(1) The early years are an extremely important period     in a child's learning and development.
(2) Missed learning opportunities in the early years     make it difficult for a child to enter kindergarten ready for success.
(3) Attendance patterns in the early years serve as     predictors of chronic absenteeism and reduced educational outcomes in later school years.  Therefore, it is crucial that the implications of chronic absence be understood and reviewed regularly under the Preschool for All Program and Preschool for All Expansion Program under Section 2-3.71 of this Code.
(c) The Preschool for All Program and Preschool for All Expansion Program under Section 2-3.71 of this Code shall collect and review its chronic absence data and determine what support and resources are needed to positively engage chronically absent students and their families to encourage the habit of daily attendance and promote success.
(d) The Preschool for All Program and Preschool for All Expansion Program under Section 2-3.71 of this Code are encouraged to do all of the following:
(1) Provide support to students who are at risk of     reaching or exceeding chronic absence levels.
(2) Make resources available to families, such as     those available through the State Board of Education's Family Engagement Framework, to support and encourage families to ensure their children's daily program attendance.
(3) Include information about chronic absenteeism as     part of their preschool to kindergarten transition resources.
(e) On or before July 1, 2020, and annually thereafter, the Preschool for All Program and Preschool for All Expansion Program shall report all data collected under subsection (c) of this Section to the State Board of Education, which shall make the report publicly available via the Illinois Early Childhood Asset Map Internet website and the Preschool for All Program or Preschool for All Expansion Program triennial report.
(Source: P.A. 102-539, eff. 8-20-21.)