Workshop Materials on The Educational Rights of Children Experiencing
Return to Homeless Education
- Registration Guidance - Residency, Immigrant Pupils, Homeless Pupils and School Fees and Waivers
- Issues of Residency
It's important to understand the "residency" requirements of Illinois
law contained in the Illinois School Code, 105 ILCS 5/10-20.12b and 105 ILCS
5/14-1.11a, as well as the educational rights of homeless children as embodied
in The Education for Homeless Children Act, 105 ILCS 45/1-5 et seq., and the
federal McKinney-Vento Act, 42 U.S.C. § 11431 et seq.
Waiver of School Fees
The Illinois School Code requires that one of the duties of local school boards
in Illinois is "to waive all fees assessed by the district on children
whose parents are unable to afford them . . . ." See 105 ILCS 5/10-20.13.
A working knowledge of the law and regulations concerning school fees will
give school personnel the opportunity to ensure that low-income children, including
children experiencing homelessness, are able to fully participate in curricular
and extra-curricular activities.
Expulsion and suspension cannot be imposed without the opportunity for a fair
hearing and the courts have power to review the imposition of such discipline.
Discipline itself must be fair.
Although school uniforms have long been the norm in private and parochial schools,
many school districts in Illinois have adopted dress code or uniform requirements
in recent years. These dress code requirements raise many questions, particularly
for low-income children who may have difficulty satisfying such requirements.
Immigrant Students' Rights
Undocumented school-age children have the same right as U.S. citizens and permanent
residents to an education without regard to their immigration status.