Public Act 094-0235
 		





SB1931 Enrolled
LRB094 10885 RAS 41431 b






    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Education for Homeless Children Act is 
amended  by changing Sections 1-25 and 1-30 as follows:
 



    (105 ILCS 45/1-25)



    Sec. 1-25. Ombudspersons; dispute resolution; civil 
actions. 

    (a) Each regional superintendent of schools shall appoint

act as an ombudsperson
who is fair and impartial and familiar 
with the educational rights and needs of homeless children to 
provide resource information and resolve disputes at schools 
within his or her jurisdiction 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  child or his or her parent or guardian to 
the ombudsperson and provide the child or his or her parent or 
guardian with a written statement of the basis for the denial.  
The child
shall be admitted and transported to the school 
chosen by the parent or guardian
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, if 
possible.

    (a-5) Whenever a child and his or her parent or guardian 
who initially share the housing of another person due to loss 
of housing, economic hardship, or a similar hardship continue 
to share the housing, a school district may, after the passage 
of 18 months and annually thereafter, conduct a review as to 
whether such hardship continues to exist.  The district may, at 
the time of review, request information from the parent or 
guardian to reasonably establish the hardship, and sworn 
affidavits or declarations may be sought and provided.  If, upon 
review, the district determines that the family no longer 
suffers such hardship, it may notify the family in writing and 
begin the process of dispute resolution as set forth in this 
Act. Any change required as a result of this review and 
determination shall be effective solely at the close of the 
school year. Any person who knowingly or willfully presents 
false information regarding the hardship of a child in any 
review under this subsection (a-5) shall be guilty of a Class C 
misdemeanor.

    (b) 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.

    (c) 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, eff. 1-1-95.)

 



    (105 ILCS 45/1-30)



    Sec. 1-30. McKinney-Vento Education for Homeless Children 
Act implementation and technical assistance
Committee. The 
Homeless Children Committee is abolished on the effective date 
of this amendatory Act of the 94th General Assembly.  The Office 
of the Coordinator for the Education of Homeless Children and 
Youth, established pursuant to the federal McKinney-Vento 
Homeless Assistance Act, shall convene meetings throughout the 
State for the purpose of providing technical assistance, 
education, training, and problem-solving regarding the 
implementation of this Act and the federal McKinney-Vento 
Homeless Assistance Act.  These meetings shall include lead 
liaisons, local educational agency liaisons, educators, 
shelter, housing, and service providers, homeless or formerly 
homeless persons, advocates working with homeless families, 
and other persons or agencies deemed appropriate by the 
Coordinator.
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.

(Source: P.A. 88-634, eff. 1-1-95.)

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