Illinois General Assembly - Full Text of HB5430
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Full Text of HB5430  103rd General Assembly

HB5430ham001 103RD GENERAL ASSEMBLY

Rep. William "Will" Davis

Filed: 5/20/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5430

2    AMENDMENT NO. ______. Amend House Bill 5430 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 14-1.11, 14-1.11a, and 14-7.05 as follows:
 
6    (105 ILCS 5/14-1.11)  (from Ch. 122, par. 14-1.11)
7    Sec. 14-1.11. Resident district; parent; legal guardian.
8The resident district is the school district in which the
9parent or guardian, or both parent and guardian, of the
10student reside when:
11        (1) the parent has legal guardianship of the student
12    and resides within Illinois; or
13        (2) an individual guardian has been appointed by the
14    courts and resides within Illinois; or
15        (3) an Illinois public agency has legal guardianship
16    and the student resides either in the home of the parent or

 

 

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1    within the same district as the parent; or
2        (4) an Illinois court orders a residential placement
3    but the parents retain any legal rights or guardianship
4    and have not been subject to a termination of parental
5    rights order.
6    In cases of divorced or separated parents, when only one
7parent has legal guardianship or custody, the district in
8which the parent having legal guardianship or custody resides
9is the resident district. When both parents retain legal
10guardianship or custody, the resident district is the district
11in which either parent who provides the student's primary
12regular fixed night-time abode resides; provided, that the
13election of resident district may be made only one time per
14school year.
15    When the parent has legal guardianship and lives outside
16of the State of Illinois, or when the individual legal
17guardian other than the natural parent lives outside the State
18of Illinois, the parent, legal guardian, or other placing
19agent is responsible for making arrangements to pay the
20Illinois school district serving the child for the educational
21services provided. Those service costs shall be determined in
22accordance with Section 14-7.01. A parent or guardian who
23moves out of this State after the child is placed in a
24nonpublic school or special education facility, public
25out-of-state school, or county special education facility
26under this Article shall enroll the child in a school in the

 

 

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1other state to initiate reimbursement to Illinois. If the
2laws, policies, or procedures of the other state prohibit the
3foregoing or if the parent or guardian otherwise provides
4proof of at least one satisfactory attempt to enroll the child
5but is refused by the other state, the child shall continue to
6be deemed a resident of the last school district in which the
7child was enrolled.
8(Source: P.A. 95-844, eff. 8-15-08.)
 
9    (105 ILCS 5/14-1.11a)  (from Ch. 122, par. 14-1.11a)
10    Sec. 14-1.11a. Resident district; student. The resident
11district is the school district in which the student resides
12when:
13        (1) the parent has legal guardianship but the location
14    of the parent is unknown; or
15        (2) an individual guardian has been appointed but the
16    location of the guardian is unknown; or
17        (3) the student is 18 years of age or older and no
18    legal guardian has been appointed; or
19        (4) the student is legally an emancipated minor; or
20        (5) an Illinois public agency has legal guardianship
21    and such agency or any court in this State has placed the
22    student residentially outside of the school district in
23    which the parent lives.
24    In cases where an Illinois public agency has legal
25guardianship 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    The resident district of a homeless student is the
7Illinois district in which the student enrolls for educational
8services. Homeless students include individuals as defined in
9the Stewart B. McKinney Homeless Assistance Act.
10    The State Superintendent of Education may determine that
11the location of the parent or guardian of a student is unknown
12after considering information submitted from the school
13district that last enrolled the student or from the school or
14special education facility providing special education and
15related services to meet the needs of the student. The
16information submitted to the State Superintendent of Education
17must include an affidavit from that school district's
18superintendent or the facility's director attesting that the
19location of the parent or guardian is unknown and at least 3
20satisfactory 4 items of documentary evidence that a minimum of
214 separate attempts were made to locate the parent or guardian
22and no response was received from the parent or guardian
23within 14 days after such satisfactory attempts. Any
24determination by the State Superintendent of Education that
25the location of a parent or guardian is unknown shall be made
26as soon as practicable after receipt of the affidavit from the

 

 

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1school district's superintendent or the facility's director.
2The State Superintendent of Education's determination is
3final. However, any determination made by the State
4Superintendent of Education is subject to review and
5reconsideration any time a parent's or guardian's location
6becomes known.
7    A school district or special education facility may
8request assistance with determining the location of a parent
9or guardian from the State Board of Education.
10(Source: P.A. 102-514, eff. 8-20-21.)
 
11    (105 ILCS 5/14-7.05)
12    Sec. 14-7.05. Placement in residential facility; payment
13of educational costs. For any student with a disability in a
14residential facility placement made or paid for by an Illinois
15public State agency or made by any court in this State, the
16school district of residence as determined pursuant to this
17Article is responsible for the costs of educating the child
18and shall be reimbursed for those costs in accordance with
19this Code. Subject to this Section and relevant State
20appropriation, the resident district's financial
21responsibility and reimbursement must be calculated in
22accordance with the provisions of Section 14-7.02 of this
23Code. In those instances in which a district receives a block
24grant pursuant to Article 1D of this Code, the district's
25financial responsibility is limited to the actual educational

 

 

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1costs of the placement, which must be paid by the district from
2its block grant appropriation. Resident district financial
3responsibility and reimbursement applies for both residential
4facilities that are approved by the State Board of Education
5and non-approved facilities, subject to the requirements of
6this Section. The Illinois placing agency or court remains
7responsible for funding the residential portion of the
8placement and for notifying the resident district prior to the
9placement, except in emergency situations. If the child is not
10currently enrolled in a school district or if the resident
11school district is unknown, the appropriate resident school
12district must be identified and the child must be enrolled in
13that district prior to the placement of the child, except in
14emergency situations. The residential facility shall require
15the parent or guardian of the child to sign a contract upon
16placement in the residential facility affirming that the
17parent or guardian understands the parent's or guardian's
18obligations under State law, including the obligation to
19enroll the child in the appropriate school district of
20residence at time of placement or upon the child reaching the
21age of 3. The identified school district of residence under
22this Article may not deny enrollment on the basis of the
23child's placement. The residential facility in which the
24student is placed shall notify the resident district of the
25student's enrollment as soon as practicable after the
26placement. Failure of the placing agency or court to notify

 

 

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1the resident district prior to the placement does not absolve
2the resident district of financial responsibility for the
3educational costs of the placement; however, the resident
4district shall not become financially responsible unless and
5until it receives written notice of the placement by either
6the placing agency, court, or residential facility. The
7placing agency or parent shall request an individualized
8education program (IEP) meeting from the resident district if
9the placement would entail additional educational services
10beyond the student's current IEP. The district of residence
11shall retain control of the IEP process, and any changes to the
12IEP must be done in compliance with the federal Individuals
13with Disabilities Education Act.
14    Prior to the placement of a child in an out-of-state
15special education residential facility, the placing agency or
16court must refer to the child or the child's parent or guardian
17the option to place the child in a special education
18residential facility located within this State, if any, that
19provides treatment and services comparable to those provided
20by the out-of-state special education residential facility.
21The placing agency or court must review annually the placement
22of a child in an out-of-state special education residential
23facility. As a part of the review, the placing agency or court
24must refer to the child or the child's parent or guardian the
25option to place the child in a comparable special education
26residential facility located within this State, if any.

 

 

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1    Payments shall be made by the resident district to the
2entity providing the educational services, whether the entity
3is the residential facility or the school district wherein the
4facility is located, no less than once per quarter unless
5otherwise agreed to in writing by the parties.
6    A residential facility providing educational services
7within the facility, but not approved by the State Board of
8Education, is required to demonstrate proof to the State Board
9of (i) appropriate licensure of teachers for the student
10population, (ii) age-appropriate curriculum, (iii) enrollment
11and attendance data, and (iv) the ability to implement the
12child's IEP. A school district is under no obligation to pay
13such a residential facility unless and until such proof is
14provided to the State Board's satisfaction.
15    When a dispute arises over the determination of the
16district of residence under this Section, any person or
17entity, including without limitation a school district or
18residential facility, may make a written request for a
19residency decision to the State Superintendent of Education,
20who, upon review of materials submitted and any other items of
21information he or she may request for submission, shall issue
22his or her decision in writing. The decision of the State
23Superintendent of Education is final.
24(Source: P.A. 102-254, eff. 8-6-21; 102-894, eff. 5-20-22.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".