SB 2197 — JUV CT-TRUANT MINORS

SB2197 EngrossedEnrolled LRB094 15606 RLC 51341 b AN ACT concerning truant minors.

These ordinances may include finesa graduated fine schedule for repeat violations, which may not exceed $100, or community service, or both, for violators 10 years of age or older and may provide for enforcement by citation.citation or through administrative hearings as determined by ordinance.

If the violator is under 10 years of age, the parent or custodian of the violator is subject to the fine or community service, or both.

A home rule unit may not regulate truants in a manner inconsistent with the provisions of this Section.

This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State.

These ordinances may include finesa graduated fine schedule for repeat violations, which may not exceed $100, or SB2197 Enrolled - 2 - LRB094 15606 RLC 51341 b community service, or both, for violators 10 years of age or older and may provide for enforcement by citation.citation or through administrative hearings as determined by ordinance.

If the violator is under 10 years of age, the parent or custodian of the violator is subject to the fine or community service, or both.

SectionA 15.home rule unit may not regulate truants in a manner inconsistent with the provisions of this Section.

TheThis JuvenileSection Courtis Acta limitation under subsection (i) of 1987Section is6 amendedof byArticle changingVII Sectionof 3-33the andIllinois Constitution on the concurrent exercise by addinghome Sectionrule 3-33.5units asof follows:the powers and functions exercised by the State.

(705Section ILCS11. 405/3-33) (from Ch.

37,The par.School Code is amended by changing Section 34-4.5 as follows:

803-33)(105 ILCS 5/34-4.5) Sec.

3-33.34-4.5.

TruantChronic minortruants. in need of supervision in cities of over 500,000 inhabitants Minor in Need of Supervision.

This(a) SectionOffice applies only to cities of overChronic 500,000Truant inhabitants.Adjudication.

(a)The Definition.board shall establish and implement an Office of Chronic Truant Adjudication, which shall be responsible for administratively adjudicating cases of chronic truancy and imposing appropriate sanctions.

AThe minorboard whoshall isappoint reported by a regional SB2197 Engrossed - 2 - LRB094 15606 RLC 51341 b superintendent of schools, or inemploy citieshearing ofofficers overto 500,000perform inhabitants, by the Officeadjudicatory offunctions Chronic Truant Adjudication, as a chronic truant shall be adjudged a truant minor in need of supervision.that Office.

(a-1)Principals Thereand isother aappropriate rebuttablepersonnel presumptionmay thatrefer apupils chronicsuspected truantof isbeing achronic truanttruants, minoras defined in needSection 26-2a of supervision.this Code, to the Office of Chronic Truant Adjudication.

(a-2)(b) ThereNotices. is a rebuttable presumption that school records of a minor’s attendance at school are authentic.

(a-3)Before Forany purposeshearing may be held under subsection (c), the principal of thisthe Section,school "chronicattended truant"by hasthe pupil or the meaningprincipal’s ascribeddesignee toshall itnotify inthe Sectionpupil’s 26-2aparent or guardian by personal visit, letter, or telephone of theeach Schoolunexcused Code.absence of the pupil.

(b)After Kindsgiving the parent or guardian notice of dispositionalthe orders.tenth unexcused absence of the pupil, the principal or the principal’s designee shall send the pupil’s parent or guardian a letter, by certified mail, return SB2197 Enrolled - 3 - LRB094 15606 RLC 51341 b receipt requested, notifying the parent or guardian that he or she is subjecting himself or herself to a hearing procedure as provided under subsection (c) and clearly describing any and all possible penalties that may be imposed as provided for in subsections (d) and (e) of this Section.

A(c) minorHearing. found to be a truant minor in need of supervision may be:

(1)Once committeda topupil thehas generalbeen appropriatereferred regionalto superintendentthe Office of schoolsChronic forTruant Adjudication, a multi-disciplinaryhearing caseshall staffing,be individualizedscheduled educationalbefore planan orappointed servicehearing plan,officer, and the pupil and the pupil’s parents or referralguardian toshall comprehensivebe community-basednotified youthby services;certified mail, return receipt requested stating the time, place, and purpose of the hearing.

(2)The requiredhearing toofficer complyshall withhold ana individualizedhearing educationaland planrender ora servicewritten plandecision aswithin specifically14 provideddays bydetermining whether the generalpupil appropriateis regionala superintendentchronic truant as defined in Section 26-2a of schools;this Code and whether the parent or guardian took reasonable steps to assure the pupil’s attendance at school.

(3)The orderedhearing toshall obtainbe counselingprivate unless a public hearing is requested by the pupil’s parent or otherguardian, supportiveand services;the pupil may be present at the hearing with a representative in addition to the pupil’s parent or guardian.

(4)The subjectboard toshall apresent fineevidence inof anthe amountpupil’s intruancy, excessand ofthe $5,pupil butand notthe exceedingparent $100,or andguardian eachor dayrepresentative of absencethe withoutpupil validmay causecross asexamine definedwitnesses, inpresent Sectionwitnesses 26-2aand ofevidence, Theand Schoolpresent Codedefenses isto athe separatecharges. offense;

(5)All requiredtestimony toat perform some reasonable public service work such as, but not limited to, the pickinghearing upshall ofbe littertaken inunder publicoath parksadministered orby along public highways or the maintenancehearing ofofficer. public facilities;

orThe (6)decision subjectof tothe havinghearing hisofficer orshall herconstitute driver’san license"administrative ordecision" driving privilege suspended for apurposes period of timejudicial asreview determinedunder by the courtAdministrative butReview onlyLaw. until he or she attains 18 years of age.

A(d) dispositionalPenalties. order may include a fine, public service, SB2197 Engrossed - 3 - LRB094 15606 RLC 51341 b or suspension of a driver’s license or privilege only if the court has made an express written finding that a truancy prevention program has been offered by the school, general regional superintendent of schools, or a community social service agency to the truant minor in need of supervision.

(c)The Ordershearing enteredofficer undermay thisrequire Sectionthe maypupil beor enforcedthe bypupil’s contemptparent proceedings.or guardian or both the pupil and the pupil’s parent or guardian to do any or all of the following:

perform reasonable school or community services for a period not to exceed 30 days;

complete a parenting education program;

obtain counseling or other supportive services;

and comply with an individualized educational plan or service plan as provided by appropriate school officials.

If the parent or guardian of the chronic truant shows that he or she took reasonable steps SB2197 Enrolled - 4 - LRB094 15606 RLC 51341 b to insure attendance of the pupil at school, he or she shall not be required to perform services.

(e) Non-compliance with sanctions.

If a pupil determined by a hearing officer to be a chronic truant or the parent or guardian of the pupil fails to comply with the sanctions ordered by the hearing officer under subsection (c) of this Section, the Office of Chronic Truant Adjudication may refer the matter to the State’s Attorney for prosecution under Section 3-33.5 3-33 of the Juvenile Court Act of 1987.

(f) Limitation on applicability.

Nothing in this Section shall be construed to apply to a parent or guardian of a pupil not required to attend a public school pursuant to Section 26-1.

90-380,90-566, eff.