Student Transfer Form

"Student in Good Standing"

Illinois State Board of Education

February 4, 1998

You have asked for a written legal opinion on a perceived conflict between language of Section 1-20 of the Education for Homeless Children Act and Section 2-3.13a of the School Code.  You state as follows:

    The State law (Section 1-20 of the Education for Homeless Children Act)
    says that homeless students are to be enrolled even if they are "unable
    to produce records normally required for enrollment, such as previous
    academic records, medical records, proof of residency, or other
    documentation."  The Student Transfer Form says that "No public school
    district is required to admit a new student unless they can produce this
    form from the student's previous school district."

It is our opinion that an "in good standing" form constitutes "other documentation" within the meaning of Section 1-20 of the Education for Homeless Children Act.  A homeless child or youth must be enrolled immediately even if he or she is unable to produce such documentation.

We agree that Section 2-3.13a and the "in good standing' form use language that is mandatory on its face: "no public school district is required to admit a new student unless they can produce this form."  That does not preclude its being considered "record normally required for enrollment" within the meaning of Section 1-20.  The Education for Homeless Children Act specifically takes precedence over other statutes which contains equally mandatory language.  For example, Section 27-8.1 of the School Code in regard to health examinations and immunizations, states:

    If a child does not comply by October 15, or by the earlier established
    date of the current school year, with the requirements of this subsection,
    then the local school authority shall exclude that child from school until
    such time as the child presents proof of having had the health
    examination as required and presents proof of having received those
    required immunizations which are medically possible to receive
    immediately.  (Emphasis added.)

It is clear that the legislature in enacting the Education for Homeless Children Act intended to require the immediate enrollment of homeless children who are unable to produce records normally required for enrollment, including the "in good standing" form.

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