Full Text of HB2210 095th General Assembly
HB2210eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Education for Homeless Children Act is | 5 |
| amended by adding Section 1-50 as follows: | 6 |
| (105 ILCS 45/1-50 new) | 7 |
| Sec. 1-50. Education of Homeless Children and Youth State
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| Grant Program. | 9 |
| (a) It is the purpose and intent of this Section to
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| establish a State grant program that parallels and supplements,
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| but operates independently of, the federal grant program
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| allocating funds for assistance under Subtitle B of Title VII
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| of the federal McKinney-Vento Homeless Assistance Act (42 | 14 |
| U.S.C. 11431
et seq.) and to establish a State grant program to | 15 |
| support
school districts throughout this State in facilitating | 16 |
| the
enrollment, attendance, and success of homeless children | 17 |
| and
youth. | 18 |
| (b) Subject to appropriation, the State Board of Education
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| shall award competitive grants under an Education of Homeless
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| Children and Youth State Grant Program to applicant school
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| districts in accordance with this Section. Services provided by
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| school districts through the use of grant funds may not replace
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| the regular academic program and must be designed to expand
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| upon or improve services provided for homeless students as part
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| of the school's regular academic program. | 3 |
| (c) A school district that desires to receive a grant under
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| this Section shall submit an application to the State Board of
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| Education at such time, in such manner, and containing or
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| accompanied by such information as the State Board of Education
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| may reasonably require. | 8 |
| (d) Grants must be awarded on the basis of the need of the
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| school district for assistance under this Section and the
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| quality of the applications submitted. | 11 |
| (1) In determining need under this subsection (d), the
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| State Board of Education may consider the number of
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| homeless children and youths enrolled in preschool,
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| elementary school, and secondary school within the school
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| district and shall consider the needs of such children and
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| youths and the ability of the district to meet such needs.
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| The State Board of Education may also consider the
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| following: | 19 |
| (A) The extent to which the proposed use of funds
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| will facilitate the enrollment, retention, and
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| educational success of homeless children and youths. | 22 |
| (B) The extent to which the application (i)
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| reflects coordination with other local and State
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| agencies that serve homeless children and youths and
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| (ii) describes how the applicant will meet the
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| requirements of this Act and the federal
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| McKinney-Vento Homeless Education Assistance
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| Improvements Act of 2001. | 3 |
| (C) The extent to which the applicant exhibits in
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| the application and in current practice a commitment to
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| education for all homeless children and youths. | 6 |
| (D) Such other criteria as the State Board
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| determines is appropriate. | 8 |
| (2) In determining the quality of applications under
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| this subsection (d), the State Board of Education shall
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| consider the following: | 11 |
| (A) The applicant's assessment of needs and the
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| likelihood that the services presented in the
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| application will meet such needs. | 14 |
| (B) The types, intensity, and coordination of the
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| services to be provided. | 16 |
| (C) The involvement of parents or guardians of
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| homeless children or youths in the education of these
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| children. | 19 |
| (D) The extent to which homeless children and
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| youths are effectively integrated within the regular
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| education program. | 22 |
| (E) The quality of the applicant's evaluation plan
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| for the services. | 24 |
| (F) The extent to which services provided will be
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| coordinated with other services available to homeless
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| children and youths and their families. |
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| (G) Such other measures as the State Board
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| considers indicative of high-quality services, such
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| the extent to which the school district will provide
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| case management or related services to unaccompanied
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| youths. | 6 |
| (e) Grants awarded under this Section shall be for terms
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| not to exceed 3 years, but are subject to annual appropriation | 8 |
| for
the Education of Homeless Children and Youth State Grant | 9 |
| Program. School districts shall use funds awarded under this | 10 |
| Section only for those activities set forth in Section 723(d) | 11 |
| of Subtitle B of Title VII of the McKinney-Vento Homeless | 12 |
| Assistance Act of 1987 (42 U.S.C. 11433(d)). | 13 |
| (f) Notwithstanding any other rulemaking authority that | 14 |
| may exist, neither the Governor nor any agency or agency head | 15 |
| under the jurisdiction of the Governor has any authority to | 16 |
| make or promulgate rules to implement or enforce the provisions | 17 |
| of this amendatory Act of the 95th General Assembly. If, | 18 |
| however, the Governor believes that rules are necessary to | 19 |
| implement or enforce the provisions of this amendatory Act of | 20 |
| the 95th General Assembly, the Governor may suggest rules to | 21 |
| the General Assembly by filing them with the Clerk of the House | 22 |
| and the Secretary of the Senate and by requesting that the | 23 |
| General Assembly authorize such rulemaking by law, enact those | 24 |
| suggested rules into law, or take any other appropriate action | 25 |
| in the General Assembly's discretion. Nothing contained in this | 26 |
| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other | 2 |
| Illinois statute where such authority is not otherwise | 3 |
| explicitly given. For the purposes of this amendatory Act of | 4 |
| the 95th General Assembly, "rules" is given the meaning | 5 |
| contained in Section 1-70 of the Illinois Administrative | 6 |
| Procedure Act, and "agency" and "agency head" are given the | 7 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 8 |
| Administrative Procedure Act to the extent that such | 9 |
| definitions apply to agencies or agency heads under the | 10 |
| jurisdiction of the Governor.
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