Illinois General Assembly - Full Text of Public Act 094-0235
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Public Act 094-0235




Public Act 094-0235
SB1931 Enrolled LRB094 10885 RAS 41431 b

    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 1-25 and 1-30 as follows:
    (105 ILCS 45/1-25)
    Sec. 1-25. Ombudspersons; dispute resolution; civil
    (a) Each regional superintendent of schools shall appoint
act as an ombudsperson who is fair and impartial and familiar
with the educational rights and needs of homeless children to
provide resource information and resolve disputes at schools
within his or her jurisdiction 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 child or his or her parent or guardian to
the ombudsperson and provide the child or his or her parent or
guardian with a written statement of the basis for the denial.
The child shall be admitted and transported to the school
chosen by the parent or guardian 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, if
    (a-5) Whenever a child and his or her parent or guardian
who initially share the housing of another person due to loss
of housing, economic hardship, or a similar hardship continue
to share the housing, a school district may, after the passage
of 18 months and annually thereafter, conduct a review as to
whether such hardship continues to exist. The district may, at
the time of review, request information from the parent or
guardian to reasonably establish the hardship, and sworn
affidavits or declarations may be sought and provided. If, upon
review, the district determines that the family no longer
suffers such hardship, it may notify the family in writing and
begin the process of dispute resolution as set forth in this
Act. Any change required as a result of this review and
determination shall be effective solely at the close of the
school year. Any person who knowingly or willfully presents
false information regarding the hardship of a child in any
review under this subsection (a-5) shall be guilty of a Class C
    (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
Act implementation and technical assistance Committee. The
Homeless Children Committee is abolished on the effective date
of this amendatory Act of the 94th General Assembly. The Office
of the Coordinator for the Education of Homeless Children and
Youth, established pursuant to the federal McKinney-Vento
Homeless Assistance Act, shall convene meetings throughout the
State for the purpose of providing technical assistance,
education, training, and problem-solving regarding the
implementation of this Act and the federal McKinney-Vento
Homeless Assistance Act. These meetings shall include lead
liaisons, local educational agency liaisons, educators,
shelter, housing, and service providers, homeless or formerly
homeless persons, advocates working with homeless families,
and other persons or agencies deemed appropriate by the
Coordinator. 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.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/14/2005