HJ0054 95TH GENERAL ASSEMBLY

HJ0054 LRB095 11842 RAS 34887 r

HOUSE JOINT RESOLUTION

WHEREAS, In Illinois, over 300,000 children under the age of 18 are living with and being cared for by more than 100,000 grandparents; and

WHEREAS, Grandparent caregivers, the majority of whom are single women ranging in age from 30 to 90 with an average annual income of $15,000 to $25,000 typically raise one to 2 grandchildren and have been doing so for 5 years or longer; and

WHEREAS, Factors contributing to the growing number of grandparents raising grandchildren include, but are not limited to, alcohol and drug abuse, neglect, abuse, abandonment, death of a parent, HIV/AIDS, divorce, unemployment, poverty, parental incarceration, teen pregnancy, and welfare reform; and

WHEREAS, Many grandparents provide care for children without legal custody or guardianship; to establish a legal relationship with the children, the caregiver must institute a long, costly, and emotionally difficult legal proceeding against the parents, one of whom is their child; and

WHEREAS, Many relatives do not qualify for legal assistance due to age, income, type of case, or attorney conflict; and

WHEREAS, Article X of the Illinois Constitution states that it is a fundamental goal of the State that every child have the right to a free public education; and

WHEREAS, $11.6 billion was paid in local property taxes to school districts in 2005; grandparents assuming responsibility for a child are funding their local schools through property taxes either paid directly or through their rent; and

WHEREAS, Some school districts have required grandparents to have legal custody or guardianship for regular education students; in these instances, school districts have misinterpreted Section 10-20.12b of the School Code, which gives rights to a non-parent raising a child for whom they do not have legal custody to register the child in school; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we affirm that every child, under the Illinois Constitution, has the right to a free public education; and be it further

RESOLVED, That the State Superintendent of Education issue a policy statement, no later than July 1, 2007, to all school districts in the State clarifying Section 10-20.12b of the School Code; and be it further

RESOLVED, That the policy statement shall clarify that legal guardianship is not needed to register a child in school and that an attestation of residency is sufficient for registration; and be it further

RESOLVED, That a copy of this resolution be delivered to the State Superintendent of Education.