Illinois General Assembly - Full Text of HB3906
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Full Text of HB3906  102nd General Assembly

HB3906 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3906

 

Introduced 2/22/2021, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-1.11a  from Ch. 122, par. 14-1.11a

    Amends the Article of the School Code relating to children with disabilities. Provides that the State Superintendent of Education may determine that the location of the parent or guardian of a student is unknown after considering information submitted from the school district that last enrolled the student or from the school or special education facility providing special education and related services to meet the needs of the student. Provides that the information submitted to the State Superintendent must include an affidavit from that school district's superintendent or the facility's director attesting that the location of the parent or guardian is unknown and 4 items of documentary evidence that a minimum of 4 separate attempts were made to locate the parent or guardian. Provides that any determination by the State Superintendent that the location of a parent or guardian is unknown is final, but that any determination made by the State Superintendent is subject to review and reconsideration any time a parent's or guardian's location becomes known. Effective immediately.


LRB102 16808 CMG 22211 b

 

 

A BILL FOR

 

HB3906LRB102 16808 CMG 22211 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
514-1.11a as follows:
 
6    (105 ILCS 5/14-1.11a)  (from Ch. 122, par. 14-1.11a)
7    Sec. 14-1.11a. Resident district; student. The resident
8district is the school district in which the student resides
9when:
10        (1) the parent has legal guardianship but the location
11    of the parent is unknown; or
12        (2) an individual guardian has been appointed but the
13    location of the guardian is unknown; or
14        (3) the student is 18 years of age or older and no
15    legal guardian has been appointed; or
16        (4) the student is legally an emancipated minor; or
17        (5) an Illinois public agency has legal guardianship
18    and such agency or any court in this State has placed the
19    student residentially outside of the school district in
20    which the parent lives.
21    In cases where an Illinois public agency has legal
22guardianship and has placed the student residentially outside
23of Illinois, the last school district that provided at least

 

 

HB3906- 2 -LRB102 16808 CMG 22211 b

145 days of educational service to the student shall continue
2to be the district of residence until the student is no longer
3under guardianship of an Illinois public agency or until the
4student is returned to Illinois.
5    The resident district of a homeless student is the
6Illinois district in which the student enrolls for educational
7services. Homeless students include individuals as defined in
8the Stewart B. McKinney Homeless Assistance Act.
9    The State Superintendent of Education may determine that
10the location of the parent or guardian of a student is unknown
11after considering information submitted from the school
12district that last enrolled the student or from the school or
13special education facility providing special education and
14related services to meet the needs of the student. The
15information submitted to the State Superintendent of Education
16must include an affidavit from that school district's
17superintendent or the facility's director attesting that the
18location of the parent or guardian is unknown and 4 items of
19documentary evidence that a minimum of 4 separate attempts
20were made to locate the parent or guardian. Any determination
21by the State Superintendent of Education that the location of
22a parent or guardian is unknown is final. However, any
23determination made by the State Superintendent of Education is
24subject to review and reconsideration any time a parent's or
25guardian's location becomes known.
26(Source: P.A. 95-844, eff. 8-15-08.)
 

 

 

HB3906- 3 -LRB102 16808 CMG 22211 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.