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§ 105 ILCS 45/1-1. Short title
Sec. 1-1. Short title. This Act may be cited as the Education for Homeless Children Act.
(Source: P.A. 88-634, § 1-1.)
§ 105 ILCS 45/1-5. Definitions
Sec. 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.
"Homeless person, child, or youth" includes, but is not limited to, any of the following:
- An individual who lacks a fixed, regular, and adequate nighttime place of abode.
- An individual who has a primary nighttime place of abode that is:
- a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing);
- an institution that provides a temporary residence for individuals intended to be institutionalized; or
- a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.
(Source: P.A. 88-634, § 1-5; 88-686, § 7.)
§ 105 ILCS 45/1-10. Choice of schools
Sec. 1-10. Choice of schools. (a) When a child loses permanent housing and becomes a homeless person within the meaning of Section 5 [105 ILCS 45/1-5], 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:
- 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
- enrolling the child in any school that non-homeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.
(Source: P.A. 88-634, § 1-10.)
§ 105 ILCS 45/1-15. Transportation to school of origin
Sec. 1-15. Transportation to school of origin. Subject to the provisions of Article 29 of the School Code [105 ILCS 5/29.1 et seq.], 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:
- 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 [105 ILCS 5/29.1 et seq.]; and
- 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 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 its 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 one hour each way.
(Source: P.A. 88-634, § 1-15; 88-686, § 7.)
§ 105 ILCS 45/1-20. Enrollment
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 shall enroll the homeless child or youth even if the 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 from requiring parents or guardians of a homeless child to submit an address or such other contact information as the district may require from parents or guardians of non-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 immunizations, it shall be the duty of the enrolling school to promptly refer the child or youth for those immunizations.
(Source: P.A. 88-634, § 1-20; 88-686, § 7.)
§ 105 ILCS 45/1-25. Ombudspersons; dispute resolution; civil actions
Sec. 1-25. Ombudspersons; dispute resolution; civil actions.
- 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 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.
- Any party to a dispute under this Act may file a civil action in a 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.
- 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.
(Source: P.A. 88-634, § 1-25.)
§ 105 ILCS 45/1-30. Homeless Children Committee
Sec. 1-30. Homeless Children Committee. There is hereby created a Homeless Children Committee composed of 24 members, 18 of whom shall be appointed by the State Superintendent of Education after consultation with advocates for the homeless and private nonprofit organizations that advocate an end to homelessness, 2 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 one each by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and 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 and a vacancy on the Committee shall be filled by the appropriate appointing authority. The Committee shall have the authority to review and modify the current and future State plans that are required under the federal Stewart B. McKinney Homeless Assistance Act [42 U.S.C. § 11301 et seq.].
(Source: P.A. 88-634, § 1-30.)
§ 105 ILCS 45/1-35. Application of Act
Sec. 1-35. Application of Act. The provisions of this Act apply to all school districts organized under the School Code [105 ILCS 5/1-1 et seq.], except that provisions that relate to transportation with respect to school districts organized under Article 34 of the School Code [105 ILCS 5/34-1 et seq.] shall be phased in during the 2-year period after the effective date of this Act. However, during that 2-year period, school districts organized under Article 34 [105 ILCS 5/34-1 et seq.] shall continue transportation programs serving homeless children.
(Source: P.A. 88-634, § 1-35.)
§ 105 ILCS 45/1-40. Federal obligations unaffected
Sec. 1-40. Federal obligations unaffected. Nothing in this Act shall limit the obligations of school districts under the federal Stewart B. McKinney Homeless Assistance Act [42 U.S.C. § 11301 et seq.].
(Source: P.A. 88-634, § 1-40.)
§ 105 ILCS 45/1-45. Penalties
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 homelessness 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 a Class C misdemeanor.
(Source: P.A. 88-686, § 7.)
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