HB6868 93RD GENERAL ASSEMBLY

LRB093 16588 NHT 42237 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 1-5 and 1-45 and by adding Section 1-22 as follows:

(105 ILCS 45/1-5)

Sec. 1-5. Definitions. As used in this Act:

"Caregiver" means an adult who by blood, marriage, or adoption is a child's great grandparent, grandparent, step-grandparent, great-aunt, aunt, great-uncle, uncle, step-uncle, step-parent, brother, sister, step-brother, step-sister, half-brother, half-sister, niece, nephew, or cousin or any other adult who does not have legal custody or legal guardianship of the child.

"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:

(1) An individual who lacks a fixed, regular, and adequate nighttime place of abode.

(2) An individual who has a primary nighttime place of abode that is:

(A) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing);

(B) an institution that provides a temporary residence for individuals intended to be institutionalized; or

(C) a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.

"Parent" means the parent or person having legal custody or legal guardianship of a child.

"School of origin" means the school that the child attended when permanently housed or the school in which the child was last enrolled.

(Source: P.A. 88-634, eff. 1-1-95; 88-686, eff. 1-24-95.)

(105 ILCS 45/1-22 new)

Sec. 1-22. Enrollment of child residing with caregiver.

(a) If a child is under the care or custody of a caregiver and the caregiver is an Illinois resident, 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 any of the following:

(1) The death, serious illness, incarceration, or military assignment of the child's parent.

(2) The failure or inability of the child's parent to provide substantial financial support, parental care, or guidance.

(3) Alleged abuse or neglect by the child's parent or another person residing with the parent.

(4) A physical or mental condition of the child's parent that prevents adequate care and supervision of the child.

(5) Inhabitability of the child's home as the result of a natural disaster.

(b) Before the child may be enrolled in the school district, the caregiver must submit to the district a completed and notarized Caregiver School Authorization form using the most recent form developed for this purpose by the State Board of Education. The Authorization must include all of the following:

(1) The name and date of birth of the child.

(2) The name, address, and date of birth of the caregiver.

(3) The names of the child's parents.

(4) The relationship of the caregiver to the child, documented by proof of the relationship.

(5) A statement that the caregiver will be the person responsible for enrolling the student in school, being the legal contact for the school, and making school-based medical and special education decisions.

(6) The notarized and dated signatures of the caregiver and the child's parents, including a sworn statement of the accuracy of the information provided and confirmation that the caregiver and other signatories are aware of the penalties for falsely completing the Authorization. If after a reasonable effort the caregiver is unable to locate the child's parents, then, as an alternative to including the signatures of the parents, the Authorization shall include a statement of reasonable efforts made to locate the parents.

(c) 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 (including without limitation special education decisions) and (ii) be the person that the school district contacts with regard to truancy, discipline, and school-based medical care. Once a Caregiver School Authorization form is submitted and approved, the school district is no longer responsible, as long as the Authorization is valid, for communicating with the parent who has signed the Authorization or is listed as unable to be located.

(d) A Caregiver School Authorization that complies with the requirements of this Section must be honored by all schools in the school district. The district shall determine whether a particular Caregiver School Authorization complies with the requirement of this Section. A decision made by a person on behalf of the district may be appealed to the school board. A school district that reasonably and in good faith relies on a Caregiver School Authorization has no obligation to make any further inquiry or investigation.

(e) A Caregiver School Authorization may be cancelled at any time if the child ceases to reside with the caregiver or upon written revocation of the Authorization by the child's caregiver or parent.

(f) The State Board of Education shall adopt rules to implement this Section.

(105 ILCS 45/1-45)

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. No person may knowingly make a false statement on a Caregiver School Authorization form. Any person who violates this Section shall be guilty of a Class C misdemeanor.

(Source: P.A. 88-686, eff. 1-24-95.)

Section 90. The State Mandates Act is amended by adding Section 8.28 as follows:

(30 ILCS 805/8.28 new)

Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 93rd General Assembly.

Section 99. Effective date. This Act takes effect January 1, 2005.