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(HB3244, signed 9/9/94, amended on SB881. signed 1/24/95) AN ACT in relation to schools and government, amending named acts. Be it enacted by the people of the State of Illinois, represented in the General Assembly: ARTICLE ONE Section 1-1. Short Title. This Act may be cited as the Education for Homeless Children Act. Section 1-5. Definitions. As used in this Act: "School of Origin" means the school that the child attended when permanently housed or the school in which the child was last enrolled. "Parent" means the parent or guardian having legal or physical custody of a child or youth. "Homeless person, child or youth" includes, but is not limited to, any of the following: (1) An individual who lacks a fixed, regular and adequate nighttime place of abode. (2)An individual who has a primary nighttime place of abode that is: (A)a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing); (B)an institution that provides a temporary residence for individuals intended to be institutionalized; or (C) a public or private place not designed for or ordinarily used as regular sleeping accommodation for human beings. Section 1-10. Choice of Schools. (a) When a child loses permanent housing and becomes a homeless person within the meaning of Section 5, or when a homeless child changes his or her temporary living arrangements, the parents or guardians of the homeless child shall have the option of either: (1)continuing the child's education in the school of origin for as long as the child remains homeless or, if the child becomes permanently housed, until the end of the academic year during which the housing is acquired; or (2)enrolling the child in any school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend. Section 1-1 5. Transportation to the school of origin. Subject to the provisions of Article 29 of the School Code, If a child becomes a homeless child or if a homeless child changes his or her temporary living arrangements, and if the homeless child's parents or guardians decide to continue the child's education in the school of origin, the parents or guardians shall make a good faith effort to provide or arrange for transportation to and from the school of origin, including authorizing relatives, friends, or a program for homeless persons to provide the child with transportation to and from the school of origin. If transportation to and from the school of origin is not provided in that manner, it shall be provided in the following manner: (1)if the homeless child continues to live in the school district in which the school of origin is located, the child's transportation to and from the school of origin shall be provided or arranged by the school district in which the school of origin is located consistent with the requirements of Article 29 of the School Code; and (2)if the homeless child's living arrangements in the school district of origin terminate and the child though continuing his or her education in the school of origin, begins living in another school district, the school district of origin and the school district in which the homeless child is living shall meet to apportion the responsibility and costs for providing the child with transportation to and from the school of origin. If the school districts are unable to agree, the responsibility and the costs for transportation shall be shared equally. If a parent or guardian chooses to have the child attend the school of origin, that parent or guardian, a teacher of the child, and the principal or his or her designee from the school of origin may meet at the option of the parent or the school to evaluate whether that travel is in the best 'interest of the child's development and education as compared to the development and education available in attending the school nearest the child's abode. The meeting shall also include consideration of the best interests of the homeless family at their current abode. A parent may bring a representative of his or her choice to the meeting. The meeting shall be convened if travel time is longer than an hour each way. (Source: P.A. 88-634, eff. 1-1-95.) (105 ELCS 45/1-20) Sec. 1-20. Enrollment. If the parents or guardians of a homeless child or youth choose to enroll the child in a school other than the school of origin, that school immediately enroll the homeless child or youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation. Nothing in this subsection shall prohibit school districts form requiring parents or guardians of a homeless child to submit an address or other such contact information as the district may require from parents or guardians of homeless children. It shall be the duty of the enrolling school to immediately contact the school last attended by the child or youth to obtain relevant academic and other records. If the child or youth must obtain immunization, it shall be the duty of the enrolling school to promptly refer the child or youth for those immunizations. (Source: P.A. 88-634, eff. 1-1-95.) Section 1-25. Ombudspersons; dispute resolution; civil actions. (a)Each regional superintendent of schools shall act as an ombudsperson to provide resource information and resolve disputes relating to the rights of homeless children under this Act, except in Cook County, where each school district shall designate a person to serve as ombudsperson when a dispute arises. If a school denies a homeless child enrollment or transportation, it shall immediately refer the parent or guardian to the ombudsperson. The child shall be admitted and transported to the school chosen by the parents or guardians until the final resolution of the dispute. The ombudsperson shall convene a meeting of all parties and attempt to resolve the dispute within 5 school days after receiving notice of the dispute. (b)Any party to a dispute under this Act may file a civil action in court of competent jurisdiction to seek appropriate relief In any civil action, a party whose rights under this Act are found to have been violated shall be entitled to recover reasonable attorney's fees and costs. (c) If a dispute arises, the school district shall inform parents and guardians of homeless children of the availability of the ombudsperson, sources of low cost or free legal assistance, and other advocacy services in the community. Section 1-30. Homeless Children Committee. There is hereby created a Homeless Children Committee composed of 24 members, 18 of them shall be appointed by the State Superintendent of Education after consolation with advocates for the homeless and private nonprofit organizations that advocate an end to homelessness, two of whom shall be members of the General Assembly appointed (one from each chamber) by the Governor, and 4 of whom shall be members of the General Assembly appointed by the Speaker of the House of Representatives, the Minority Leader of the Senate. Of the 18 members appointed by the State Superintendent of Education as provided in this section, 6 shall be homeless and formerly homeless parents or guardians, 6 shall be providers to and advocates for homeless persons, and 6 shall be school personnel from different geographic regions of the State. Members of the Committee shall serve at the pleasure of the appointing authority. The Committee shall have the authority to review and modify the current and future State plans that are required under federal Stewart B. McKinney Homeless Assistance Act. Section 1-35. Application of the Act. The provisions of this Act apply to all school districts organized under the School Code, except that provisions that relate to transportation with respect to school districts organized under Article 34 of the School Code shall be phased in during that 2 year period, school districts organized under Article 34 shall continue transportation programs serving homeless children. Section 1-40. Federal obligations unaffected. Nothing in this Act shall Emit the obligations of school districts under the Federal Stewart B. McKinney Homeless Assistance Act. (105 IILSC 45/145 new) Sec. 1-45. Penalties. No person shall, under the provisions of this Act, enroll or attempt to enroll in a school other than the school of origin a child who he or she knows is not a homeless person as defined in this Act. No person shall knowingly or willfully present to any school district false information regarding the homeless of any child or family for the purpose of enabling that child to attend a school other than the school of origin. Any person who violates this Section shall be guilty of Class C misdemeanor. Return to Homeless Legislation
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