Public Act 103-0676

HB4581 Enrolled LRB103 36629 RJT 66738 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The School Code is amended by changing Section

14-1.11a as follows:

(105 ILCS 5/14-1.11a) (from Ch. 122, par. 14-1.11a)

Sec. 14-1.11a. Resident district; student.

(a) Except as otherwise provided in this Section, the The

resident district is the school district in which the student

resides when:

(1) the parent has legal guardianship but the location

of the parent is unknown; or

(2) an individual guardian has been appointed but the

location of the guardian is unknown; or

(3) the student is 18 years of age or older and no

legal guardian has been appointed; or

(4) the student is legally an emancipated minor; or

(5) an Illinois public agency has legal guardianship

and such agency or any court in this State has placed the

student residentially outside of the school district in

which the parent lives.

(b) In cases where an Illinois public agency has legal

guardianship and has placed the student residentially outside

of Illinois, the last school district that provided at least

45 days of educational service to the student shall continue

to be the district of residence until the student is no longer

under guardianship of an Illinois public agency or until the

student is returned to Illinois.

If a student who is 18 years of age or older with no legal

guardian is placed residentially outside of the school

district in which the student's parent lives and the placement

is funded by a State agency or through private insurance, then

the resident district is the school district in which the

parent lives.

The resident district of a homeless student is the

Illinois district in which the student enrolls for educational

services. Homeless students include individuals as defined in

the Stewart B. McKinney Homeless Assistance Act.

(c) 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. The information submitted to the State Superintendent

of Education 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. Any

determination by the State Superintendent of Education that

the location of a parent or guardian is unknown is final.

However, any determination made by the State Superintendent of

Education is subject to review and reconsideration any time a

parent's or guardian's location becomes known.

(Source: P.A. 102-514, eff. 8-20-21.)