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SB 3774

SCH CD-ADMIN WITHDRAW-TRUANCY

104th Regular Session Introduced by Dee Avelar and 1 co-sponsor

Prohibits admin withdrawal for truancy until 15 days absent and supports located, with 3 parent notices documented before withdrawal.

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Bill Summary · SB 3774

Summary of SB3774 (104th General Assembly, Illinois)

Title: SCH CD-ADMIN WITHDRAW-TRUANCY

Jurisdiction: Illinois

Sponsor: Sen. Christopher Belt

Effective Date: Immediate upon becoming law

Bill Number: SB3774 (Introduced 2/5/2026)

Chapter/Code Amendment: amends 105 ILCS 5/26-12 (School Code)

Purpose and Intent
- The bill tightens restrictions on administrative withdrawal (threatened or actual withdrawal) of truants for nonattendance.
- It aims to ensure that a truancy issue is addressed with supportive services before a student can be administratively withdrawn or expelled for nonattendance.
- Requires a clear, documented process for notifying parents/guardians prior to any withdrawal.

Key Provisions and Changes

1) Prohibition on Administrative Withdrawal for Nonattendance
- A truant minor may not be administratively withdrawn (or expelled) for nonattendance unless:
- The student has accrued 15 consecutive days of absences without a valid cause, AND
- The student cannot be located by the school district, OR the district has located the student but cannot compel the student to return after exhausting all available supportive services.
- This places a substantive threshold (15 consecutive days) before withdrawal actions can be taken and emphasizes the district’s duty to locate and attempt to re-engage the student with supports.

2) Parent/Guardian Notification Requirement
- Before withdrawing a student administratively under this subsection, the school district must make at least 3 documented attempts to notify the parent or guardian of its intent.
- This requirement formalizes parental engagement and attempts to involve families prior to withdrawal actions.

3) Clarification and Administrative Guidance
- The State Board may further clarify the requirements of this subsection through administrative rules.

4) Restrictions on Fines or Fees via Other Entities
- School personnel may not refer a truant or related student to other local public entities, school resource officers, or peace officers to issue fines or fees as punishment for truancy.

5) Conditional Referrals with Safeguards
- A school district may refer a person having custody or control of a truant minor to other local entities for fines/fees only if:
- The district has notified the relevant truant officer/education authorities, AND
- The district has offered all appropriate and available supportive services and other school resources.
- Before referring to a municipality, the district must ensure:
- For homeless students: a meeting to address barriers related to transitional living situations and create a barrier-removal plan.
- For students with documented disabilities: appropriate IEP/504 plan reviews or meetings to address placement and services.
- For students under evaluation for disability or with known disability: completion of evaluation/eligibility.
- The bill requires documentation of the offered services or reasonable efforts to convene the required meetings if they do not occur.

6) Documentation and Meeting Requirements
- When referring for fines/fees, districts must document offered services.
- If a required meeting does not occur, districts must show reasonable efforts to convene it.

Affected Parties

  • Truant and chronically truant students: greater protections against immediate punitive withdrawal; must exhaust supports and attempts to locate before withdrawal.
  • Parents/Guardians: must be notified at least three times prior to withdrawal.
  • School districts, school administrators, and truancy officers: new procedural requirements for locating students, offering supportive services, and documenting notices.
  • Local public entities, school resource officers, and peace officers: new limits on imposing fines/fees for truancy.
  • Students with disabilities or homelessness: mandated supportive services and coordination (IEP/504 considerations, homeless liaison involvement).

Procedural/Timeline Aspects

  • Trigger: 15 consecutive days of absence without valid cause.
  • Before withdrawal: at least 3 documented notification attempts to parent/guardian.
  • Location and supportive services: district must exhaust all available supportive services before withdrawal is permissible.
  • Potential administrative rules: State Board may clarify requirements via administrative rules.
  • Effective date: Immediate upon becoming law.

Overall Impact
- The bill elevates supportive services and family engagement in addressing truancy, reducing immediate punitive withdrawals.
- It creates a more cautious, communicating-first approach to truancy, with explicit steps and documentation.
- It introduces safeguards against fines/fees for truancy and emphasizes disability/homelessness considerations in referrals.

Compiled from official sources — confirm details with the bill’s official record.

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