SB1931 Enrolled LRB094 10885 RAS 41431 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Education for Homeless Children Act is
5 amended by changing Sections 1-25 and 1-30 as follows:
 
6     (105 ILCS 45/1-25)
7     Sec. 1-25. Ombudspersons; dispute resolution; civil
8 actions.
9     (a) Each regional superintendent of schools shall appoint
10 act as an ombudsperson who is fair and impartial and familiar
11 with the educational rights and needs of homeless children to
12 provide resource information and resolve disputes at schools
13 within his or her jurisdiction relating to the rights of
14 homeless children under this Act, except in Cook County, where
15 each school district shall designate a person to serve as
16 ombudsperson when a dispute arises. If a school denies a
17 homeless child enrollment or transportation, it shall
18 immediately refer the child or his or her parent or guardian to
19 the ombudsperson and provide the child or his or her parent or
20 guardian with a written statement of the basis for the denial.
21 The child shall be admitted and transported to the school
22 chosen by the parent or guardian parents or guardians until
23 final resolution of the dispute. The ombudsperson shall convene
24 a meeting of all parties and attempt to resolve the dispute
25 within 5 school days after receiving notice of the dispute, if
26 possible.
27     (a-5) Whenever a child and his or her parent or guardian
28 who initially share the housing of another person due to loss
29 of housing, economic hardship, or a similar hardship continue
30 to share the housing, a school district may, after the passage
31 of 18 months and annually thereafter, conduct a review as to
32 whether such hardship continues to exist. The district may, at

 

 

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1 the time of review, request information from the parent or
2 guardian to reasonably establish the hardship, and sworn
3 affidavits or declarations may be sought and provided. If, upon
4 review, the district determines that the family no longer
5 suffers such hardship, it may notify the family in writing and
6 begin the process of dispute resolution as set forth in this
7 Act. Any change required as a result of this review and
8 determination shall be effective solely at the close of the
9 school year. Any person who knowingly or willfully presents
10 false information regarding the hardship of a child in any
11 review under this subsection (a-5) shall be guilty of a Class C
12 misdemeanor.
13     (b) Any party to a dispute under this Act may file a civil
14 action in a court of competent jurisdiction to seek appropriate
15 relief. In any civil action, a party whose rights under this
16 Act are found to have been violated shall be entitled to
17 recover reasonable attorney's fees and costs.
18     (c) If a dispute arises, the school district shall inform
19 parents and guardians of homeless children of the availability
20 of the ombudsperson, sources of low cost or free legal
21 assistance, and other advocacy services in the community.
22 (Source: P.A. 88-634, eff. 1-1-95.)
 
23     (105 ILCS 45/1-30)
24     Sec. 1-30. McKinney-Vento Education for Homeless Children
25 Act implementation and technical assistance Committee. The
26 Homeless Children Committee is abolished on the effective date
27 of this amendatory Act of the 94th General Assembly. The Office
28 of the Coordinator for the Education of Homeless Children and
29 Youth, established pursuant to the federal McKinney-Vento
30 Homeless Assistance Act, shall convene meetings throughout the
31 State for the purpose of providing technical assistance,
32 education, training, and problem-solving regarding the
33 implementation of this Act and the federal McKinney-Vento
34 Homeless Assistance Act. These meetings shall include lead
35 liaisons, local educational agency liaisons, educators,

 

 

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1 shelter, housing, and service providers, homeless or formerly
2 homeless persons, advocates working with homeless families,
3 and other persons or agencies deemed appropriate by the
4 Coordinator. There is hereby created a Homeless Children
5 Committee composed of 24 members, 18 of whom shall be appointed
6 by the State Superintendent of Education after consultation
7 with advocates for the homeless and private nonprofit
8 organizations that advocate an end to homelessness, 2 of whom
9 shall be members of the General Assembly appointed (one from
10 each chamber) by the Governor, and 4 of whom shall be members
11 of the General Assembly appointed one each by the Speaker of
12 the House of Representatives, the Minority Leader of the House
13 of Representatives, the President of the Senate, and the
14 Minority Leader of the Senate. Of the 18 members appointed by
15 the State Superintendent of Education as provided in this
16 Section, 6 shall be homeless and formerly homeless parents or
17 guardians, 6 shall be providers to and advocates for homeless
18 persons, and 6 shall be school personnel from different
19 geographic regions of the State. Members of the Committee shall
20 serve at the pleasure of the appointing authority and a vacancy
21 on the Committee shall be filled by the appropriate appointing
22 authority. The Committee shall have the authority to review and
23 modify the current and future State plans that are required
24 under the federal Stewart B. McKinney Homeless Assistance Act.
25 (Source: P.A. 88-634, eff. 1-1-95.)
 
26     Section 99. Effective date. This Act takes effect upon
27 becoming law.