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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3906 Introduced 2/22/2021, by Rep. William Davis SYNOPSIS AS INTRODUCED:
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105 ILCS 5/14-1.11a | from Ch. 122, par. 14-1.11a |
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Amends the Article of the School Code relating to children with disabilities. Provides that the State Superintendent of Education may determine that the location of the parent or guardian of a student is unknown after considering information submitted from the school district that last enrolled the student or from the school or special education facility providing special education and related services to meet the needs of the student. Provides that the information submitted to the State Superintendent must include an affidavit from that school district's superintendent or the facility's director attesting that the location of the parent or guardian is unknown and 4 items of documentary evidence that a minimum of 4 separate attempts were made to locate the parent or guardian. Provides that any determination by the State Superintendent that the location of a parent or guardian is unknown is final, but that any determination made by the State Superintendent is subject to review and reconsideration any time a parent's or guardian's location becomes known. Effective immediately.
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| | A BILL FOR |
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| | HB3906 | | LRB102 16808 CMG 22211 b |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The School Code is amended by changing Section |
| 5 | | 14-1.11a as follows:
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| 6 | | (105 ILCS 5/14-1.11a) (from Ch. 122, par. 14-1.11a)
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| 7 | | Sec. 14-1.11a. Resident district; student. The resident |
| 8 | | district is the school district in which the student resides |
| 9 | | when:
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| 10 | | (1) the parent has legal guardianship but the location |
| 11 | | of the parent is
unknown; or
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| 12 | | (2) an individual guardian has been appointed but the |
| 13 | | location of the
guardian is unknown; or
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| 14 | | (3) the student is 18 years of age or older and no |
| 15 | | legal
guardian has been appointed; or
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| 16 | | (4) the student is legally an emancipated minor; or
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| 17 | | (5) an Illinois public agency has legal guardianship |
| 18 | | and such agency or any court in this State has
placed the |
| 19 | | student residentially outside of the school district in |
| 20 | | which the
parent lives.
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| 21 | | In cases where an Illinois public agency has legal |
| 22 | | guardianship and has
placed the student residentially outside |
| 23 | | of Illinois, the last school
district that provided at least |
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| | HB3906 | - 2 - | LRB102 16808 CMG 22211 b |
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| 1 | | 45 days of educational service to the
student shall continue |
| 2 | | to be the district of
residence until the student is no longer |
| 3 | | under guardianship of an Illinois
public agency or until the |
| 4 | | student is returned to Illinois.
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| 5 | | The resident district of a homeless student is the |
| 6 | | Illinois district in
which the student enrolls for educational |
| 7 | | services. Homeless students
include individuals as defined in |
| 8 | | the Stewart B. McKinney Homeless Assistance
Act. |
| 9 | | The State Superintendent of Education may determine that |
| 10 | | the location of the parent or guardian of a student is unknown |
| 11 | | after considering information submitted from the school |
| 12 | | district that last enrolled the student or from the school or |
| 13 | | special education facility providing special education and |
| 14 | | related services to meet the needs of the student. The |
| 15 | | information submitted to the State Superintendent of Education |
| 16 | | must include an affidavit from that school district's |
| 17 | | superintendent or the facility's director attesting that the |
| 18 | | location of the parent or guardian is unknown and 4 items of |
| 19 | | documentary evidence that a minimum of 4 separate attempts |
| 20 | | were made to locate the parent or guardian. Any determination |
| 21 | | by the State Superintendent of Education that the location of |
| 22 | | a parent or guardian is unknown is final. However, any |
| 23 | | determination made by the State Superintendent of Education is |
| 24 | | subject to review and reconsideration any time a parent's or |
| 25 | | guardian's location becomes known.
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| 26 | | (Source: P.A. 95-844, eff. 8-15-08.)
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