93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6868

 

Introduced 2/9/2004, by Harry Osterman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 45/1-5
105 ILCS 45/1-22 new
105 ILCS 45/1-45
30 ILCS 805/8.28 new

    Amends the Education for Homeless Children Act. Changes the definition of "parent". Provides that if a child is under the care or custody of a caregiver, then the caregiver may enroll the child in the school district where the caregiver resides if the child resides with the caregiver as a result of certain circumstances. Provides that before the child may be enrolled in the district, the caregiver must submit a Caregiver School Authorization form. Provides that a caregiver who completes and submits a Caregiver School Authorization form is authorized and agrees to (i) act in the place of the child's parents with respect to the child's education decisions and (ii) be the person that the district contacts with regard to truancy, discipline, and school-based medical care. Amends the State Mandates Act to require implementation without reimbursement. Effective January 1, 2005.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB6868 LRB093 16588 NHT 42237 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Education for Homeless Children Act is
5 amended by changing Sections 1-5 and 1-45 and by adding Section
6 1-22 as follows:
 
7     (105 ILCS 45/1-5)
8     Sec. 1-5. Definitions. As used in this Act:
9     "Caregiver" means an adult who by blood, marriage, or
10 adoption is a child's great grandparent, grandparent,
11 step-grandparent, great-aunt, aunt, great-uncle, uncle,
12 step-uncle, step-parent, brother, sister, step-brother,
13 step-sister, half-brother, half-sister, niece, nephew, or
14 cousin or any other adult who does not have legal custody or
15 legal guardianship of the child.
16     "School of origin" means the school that the child attended
17 when permanently housed or the school in which the child was
18 last enrolled.
19     "Parent" means the parent or guardian having legal or
20 physical custody of a child.
21     "Homeless person, child, or youth" includes, but is not
22 limited to, any of the following:
23         (1) An individual who lacks a fixed, regular, and
24     adequate nighttime place of abode.
25         (2) An individual who has a primary nighttime place of
26     abode that is:
27             (A) a supervised publicly or privately operated
28         shelter designed to provide temporary living
29         accommodations (including welfare hotels, congregate
30         shelters, and transitional housing);
31             (B) an institution that provides a temporary
32         residence for individuals intended to be

 

 

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1         institutionalized; or
2             (C) a public or private place not designed for or
3         ordinarily used as a regular sleeping accommodation
4         for human beings.
5     "Parent" means the parent or person having legal custody or
6 legal guardianship of a child.
7     "School of origin" means the school that the child attended
8 when permanently housed or the school in which the child was
9 last enrolled.
10 (Source: P.A. 88-634, eff. 1-1-95; 88-686, eff. 1-24-95.)
 
11     (105 ILCS 45/1-22 new)
12     Sec. 1-22. Enrollment of child residing with caregiver.
13     (a) If a child is under the care or custody of a caregiver
14 and the caregiver is an Illinois resident, then the caregiver
15 may enroll the child in the school district where the caregiver
16 resides if the child resides with the caregiver as a result of
17 any of the following:
18         (1) The death, serious illness, incarceration, or
19     military assignment of the child's parent.
20         (2) The failure or inability of the child's parent to
21     provide substantial financial support, parental care, or
22     guidance.
23         (3) Alleged abuse or neglect by the child's parent or
24     another person residing with the parent.
25         (4) A physical or mental condition of the child's
26     parent that prevents adequate care and supervision of the
27     child.
28         (5) Inhabitability of the child's home as the result of
29     a natural disaster.
30     (b) Before the child may be enrolled in the school
31     district, the caregiver must submit to the district a completed
32     and notarized Caregiver School Authorization form using the
33     most recent form developed for this purpose by the State Board
34     of Education. The Authorization must include all of the
35     following:

 

 

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1         (1) The name and date of birth of the child.
2         (2) The name, address, and date of birth of the
3     caregiver.
4         (3) The names of the child's parents.
5         (4) The relationship of the caregiver to the child,
6     documented by proof of the relationship.
7         (5) A statement that the caregiver will be the person
8     responsible for enrolling the student in school, being the
9     legal contact for the school, and making school-based
10     medical and special education decisions.
11         (6) The notarized and dated signatures of the caregiver
12     and the child's parents, including a sworn statement of the
13     accuracy of the information provided and confirmation that
14     the caregiver and other signatories are aware of the
15     penalties for falsely completing the Authorization. If
16     after a reasonable effort the caregiver is unable to locate
17     the child's parents, then, as an alternative to including
18     the signatures of the parents, the Authorization shall
19     include a statement of reasonable efforts made to locate
20     the parents.
21     (c) A caregiver who completes and submits a Caregiver
22     School Authorization form is authorized and agrees to (i) act
23     in the place of the child's parents with respect to the child's
24     education decisions (including without limitation special
25     education decisions) and (ii) be the person that the school
26     district contacts with regard to truancy, discipline, and
27     school-based medical care. Once a Caregiver School
28     Authorization form is submitted and approved, the school
29     district is no longer responsible, as long as the Authorization
30     is valid, for communicating with the parent who has signed the
31     Authorization or is listed as unable to be located.
32     (d) A Caregiver School Authorization that complies with the
33     requirements of this Section must be honored by all schools in
34     the school district. The district shall determine whether a
35     particular Caregiver School Authorization complies with the
36     requirement of this Section. A decision made by a person on

 

 

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1     behalf of the district may be appealed to the school board. A
2     school district that reasonably and in good faith relies on a
3     Caregiver School Authorization has no obligation to make any
4     further inquiry or investigation.
5     (e) A Caregiver School Authorization may be cancelled at
6     any time if the child ceases to reside with the caregiver or
7     upon written revocation of the Authorization by the child's
8     caregiver or parent.
9     (f) The State Board of Education shall adopt rules to
10     implement this Section.
 
11     (105 ILCS 45/1-45)
12     Sec. 1-45. Penalties. No person shall, under the provisions
13 of this Act, enroll or attempt to enroll in a school other than
14 the school of origin a child who he or she knows is not a
15 homeless person as defined in this Act. No person shall
16 knowingly or willfully present to any school district false
17 information regarding the homelessness of any child or family
18 for the purpose of enabling that child to attend a school other
19 than the school of origin. No person may knowingly make a false
20 statement on a Caregiver School Authorization form. Any person
21 who violates this Section shall be guilty of a Class C
22 misdemeanor.
23 (Source: P.A. 88-686, eff. 1-24-95.)
 
24     Section 90. The State Mandates Act is amended by adding
25 Section 8.28 as follows:
 
26     (30 ILCS 805/8.28 new)
27     Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8
28 of this Act, no reimbursement by the State is required for the
29 implementation of any mandate created by this amendatory Act of
30 the 93rd General Assembly.
 
31     Section 99. Effective date. This Act takes effect January
32 1, 2005.