103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4581
 
Introduced 1/31/2024, by Rep. Michelle Mussman
 
SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-1.11a  from Ch. 122, par. 14-1.11a
    Amends the Children with Disabilities Article of the School Code. Provides that if a student who is 18 years of age or older with no legal guardian is placed residentially outside of the school district in which the student's parent lives and the placement is funded by a State agency or through private insurance, then the resident district is the school district in which the parent lives. Effective immediately.


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A BILL FOR
 
HB4581LRB103 36629 RJT 66738 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.  
8    (a) Except as otherwise provided in this Section, the The 
9resident district is the school district in which the student 
10resides when:
11        (1) the parent has legal guardianship but the location 
12    of the parent is unknown; or
13        (2) an individual guardian has been appointed but the 
14    location of the guardian is unknown; or
15        (3) the student is 18 years of age or older and no 
16    legal guardian has been appointed; or
17        (4) the student is legally an emancipated minor; or
18        (5) an Illinois public agency has legal guardianship 
19    and such agency or any court in this State has placed the 
20    student residentially outside of the school district in 
21    which the parent lives.
22    (b) In cases where an Illinois public agency has legal 
23guardianship and has placed the student residentially outside 
 
 
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1of Illinois, the last school district that provided at least 
245 days of educational service to the student shall continue 
3to be the district of residence until the student is no longer 
4under guardianship of an Illinois public agency or until the 
5student is returned to Illinois.
6    If a student who is 18 years of age or older with no legal 
7guardian is placed residentially outside of the school 
8district in which the student's parent lives and the placement 
9is funded by a State agency or through private insurance, then 
10the resident district is the school district in which the 
11parent lives. 
12    The resident district of a homeless student is the 
13Illinois district in which the student enrolls for educational 
14services. Homeless students include individuals as defined in 
15the Stewart B. McKinney Homeless Assistance Act.
16    (c) The State Superintendent of Education may determine 
17that the location of the parent or guardian of a student is 
18unknown after considering information submitted from the 
19school district that last enrolled the student or from the 
20school or special education facility providing special 
21education and related services to meet the needs of the 
22student. The information submitted to the State Superintendent 
23of Education must include an affidavit from that school 
24district's superintendent or the facility's director attesting 
25that the location of the parent or guardian is unknown and 4 
26items of documentary evidence that a minimum of 4 separate 
 
 
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1attempts were made to locate the parent or guardian. Any 
2determination by the State Superintendent of Education that 
3the location of a parent or guardian is unknown is final. 
4However, any determination made by the State Superintendent of 
5Education is subject to review and reconsideration any time a 
6parent's or guardian's location becomes known. 
7(Source: P.A. 102-514, eff. 8-20-21.)
 
8    Section 99. Effective date. This Act takes effect upon 
9becoming law.