SB1931sam002 94TH GENERAL ASSEMBLY

Sen. Debbie DeFrancesco Halvorson

Filed: 4/11/2005

09400SB1931sam002 LRB094 10885 RAS 44541 a

AMENDMENT TO SENATE BILL 1931

AMENDMENT NO. ______. Amend Senate Bill 1931, AS AMENDED, by replacing everything after the enacting clause with the following:

"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 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.

(a-5) Whenever a child and his or her parents who initially share the housing of another person due to loss of housing, economic hardship, or similar reasons continue to share the housing, the superintendent of the school district of origin may request, after the passage of 18 months or the minimum number of months identified in the State Plan required under the federal McKinney-Vento Homeless Assistance Act, whichever is greater, and annually again thereafter, that the ombudsperson determine whether the parents and child currently share the housing due to the loss of housing, economic hardship, or similar reasons. This determination shall be effective solely at the close of the academic year, shall be based on the totality of circumstances, and may include the consideration of all relevant factors, including, but not limited to, (i) the length of time that the child and parents have been sharing the housing of another person; (ii) the degree to and manner in which the parents are capable of obtaining alternative housing within the school district of origin through such means as employment, a savings plan, public benefits, publicly-funded supports and programs, alimony, child support, and assets; (iii) the degree to and manner in which the parents have attempted to obtain alternative housing and alternative housing supports within the school district of origin; (iv) the degree to and manner in which alternative housing and alternative housing supports are otherwise available to the parents within the school district of origin; (v) the degree to and manner in which the parents are capable of obtaining alternative housing in the school district of origin with the support of other persons, such as friends, relatives, social service programs, housing programs, and support from congregations and civic organizations; (vi) the degree to and manner in which the living conditions and circumstances in the shared housing are adequate; (vii) the degree to and manner in which the child and parents have a social and economic nexus to the region served by the school district of origin; and (viii) the degree to and manner in which the child and parents have a social and economic nexus to the area served by the school district in which the homeless child is living.

(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 Committee. The Homeless Children Committee is abolished on the effective date of this amendatory Act of the 94th General Assembly. There is created the McKinney-Vento Education for Homeless Children Committee composed of 13 members, appointed as follows: the Governor shall appoint, for a term of 2 years, 4 providers to homeless persons who represent the geographic, racial, ethnic, and economic diversity of the State; 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 each and individually shall appoint, for a term of 2 years, a homeless or formerly homeless parent, after consultation with a statewide non-profit organization that advocates an end to homelessness; the State Superintendent of Education shall appoint, for a term of 3 years, one person who represents a statewide non-profit organization that advocates an end to homelessness and 4 school personnel, one who represents City of Chicago School District 299 and 3 who represent, respectively, Regions 1 and 2, Regions 3 and 4, and Regions 5 and 6 of the Illinois Association of Regional Superintendents of Schools. These appointments shall be made no later than 3 months after the effective date of this amendatory Act of the 94th General Assembly. If a member of the Committee resigns or is otherwise unable to adequately fulfill the responsibility of serving on the Committee, the appointing authority shall immediately appoint a person to complete the unfinished term of his or her predecessor. When a term of appointment is completed, the appointing authority shall re-appoint the person or appoint another person in his or her place, for a new term of office that corresponds in length to the original term. Failure to make an appointment as provided in this Section shall in no way hinder or prohibit the other members of the Committee from acting upon the responsibilities and authority of the Committee set forth in this Act. The Committee shall meet no less than 3 times a year; review any and all facts and policies relevant to the educational success of homeless children; solicit and receive information from educators, public officials, and other persons interested in the educational success of homeless children; respond to requests for information and guidance from members of the General Assembly and other public officials; review, promulgate, and modify, through addenda, amendments, or otherwise, the State plans required under the federal McKinney-Vento Homeless Assistance Act; establish performance objectives, benchmarks, and measures for the allocation and expenditure of funds available under the federal McKinney-Vento Homeless Assistance Act; and establish its own procedures and rules for conducting business. The State Superintendent of Education shall provide the assistance necessary to ensure that the homeless and formerly homeless persons who serve on the Committee are able to undertake the travel necessary for Committee business; designate an employee of the State Board of Education to convene the first meeting of the Committee no later than 4 months after the effective date of this amendatory Act of the 94th General Assembly and thereafter support the Committee in all its work; and otherwise take all action necessary to ensure that the members may act upon the responsibilities and authority of the Committee set forth in this Act. 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.)".