Public Act 0595 104TH GENERAL ASSEMBLY

HB4137 Enrolled LRB104 15425 LNS 28580 b

Public Act 104-0595

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 Section 1-17 as follows:

(105 ILCS 45/1-17)

Sec. 1-17. Homeless prevention.

(a) If a child is homeless or is at risk of becoming homeless, the school district may:

(1) provide rental, or mortgage assistance, or extended motel stay in such amount as will allow the child and his or her parent, his or her guardian, or the person who enrolled the child to remain permanently in their current living situation or obtain a new living situation;

(2) provide financial assistance with respect to unpaid bills, loans, or other financial debts that results in housing being considered inadequate pursuant to Section 1-5 of this Act and the Federal McKinney-Vento Homeless Assistance Act; or

(3) provide assistance under both items (1) and (2) of this subsection (a).

(b) In order to provide homeless prevention assistance under subsection (a) of this Section, a school district shall first make an attempt to provide such assistance through a homeless assistance agency that is part of the Federal McKinney-Vento Homeless Assistance Act's continuum of care for the area in which the school district is located. If the attempts to secure assistance through the applicable continuum of care are unsuccessful, subject to the limitations specified in Section 29-5 of the School Code, transportation funds under Section 29-5 of the School Code may be used for those purposes.

(c) Prior to providing homeless prevention assistance pursuant to subsection (a) of this Section, a housing plan must first be approved in writing by the school district and the parent, guardian, or person who enrolled the child.

(d) For purposes of this Section:

"At risk of becoming homeless" means that documented evidence has been provided by the parent, guardian, or person who enrolled the child that shows that a living situation will, within 8 weeks, cease to become fixed, regular, and adequate and will result in the child becoming homeless within the definition of Section 1-5 of this Act and the Federal McKinney-Vento Homeless Assistance Act. The documented evidence shall include, but need not be limited to: foreclosure notices, eviction notices, notices indicating that utilities will be shut off or discontinued, or written statements from the parent, guardian, or person who enrolled the child, supplemented by financial documentation, that indicate a loss of income that will prevent the maintenance of a permanent living situation.

"Person who enrolled the child" also means an unaccompanied youth.

(Source: P.A. 100-332, eff. 8-25-17.)

Section 99. Effective date. This Act takes effect upon becoming law.