Bill Text: IL HB4581 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Children with Disabilities Article of the School Code. Provides that 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. Effective immediately.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2024-07-19 - Public Act . . . . . . . . . 103-0676 [HB4581 Detail]

Download: Illinois-2023-HB4581-Engrossed.html

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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

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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

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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.)