Bill Text: IL SB2824 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Boards Article of the School Code. In provisions concerning residency and the payment of tuition, provides that a child who has been removed from the child's parent or guardian by the Department of Children and Family Services as part of a safety plan shall not be charged tuition as a nonresident pupil if the foster parent, childcare facility, relative caregiver, or non-custodial parent is located in a school district other than the child's former school district and it is in the child's best interest to maintain attendance at the child's former school district.
Spectrum: Bipartisan Bill
Status: (Passed) 2024-07-01 - Public Act . . . . . . . . . 103-0629 [SB2824 Detail]
Download: Illinois-2023-SB2824-Introduced.html
Bill Title: Amends the School Boards Article of the School Code. In provisions concerning residency and the payment of tuition, provides that a child who has been removed from the child's parent or guardian by the Department of Children and Family Services as part of a safety plan shall not be charged tuition as a nonresident pupil if the foster parent, childcare facility, relative caregiver, or non-custodial parent is located in a school district other than the child's former school district and it is in the child's best interest to maintain attendance at the child's former school district.
Spectrum: Bipartisan Bill
Status: (Passed) 2024-07-01 - Public Act . . . . . . . . . 103-0629 [SB2824 Detail]
Download: Illinois-2023-SB2824-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||
5 | 10-20.12a as follows:
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6 | (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a) | ||||||||||||||||||||||||
7 | Sec. 10-20.12a. Tuition for non-resident pupils. | ||||||||||||||||||||||||
8 | (a) To charge non-resident pupils who attend the schools | ||||||||||||||||||||||||
9 | of the district tuition in an amount not exceeding 110% of the | ||||||||||||||||||||||||
10 | per capita cost of maintaining the schools of the district for | ||||||||||||||||||||||||
11 | the preceding school year. | ||||||||||||||||||||||||
12 | Such per capita cost shall be computed by dividing the | ||||||||||||||||||||||||
13 | total cost of conducting and maintaining the schools of the | ||||||||||||||||||||||||
14 | district by the average daily attendance, including tuition | ||||||||||||||||||||||||
15 | pupils. Depreciation on the buildings and equipment of the | ||||||||||||||||||||||||
16 | schools of the district, and the amount of annual depreciation | ||||||||||||||||||||||||
17 | on such buildings and equipment shall be dependent upon the | ||||||||||||||||||||||||
18 | useful life of such property. | ||||||||||||||||||||||||
19 | The tuition charged shall in no case exceed 110% of the per | ||||||||||||||||||||||||
20 | capita cost of conducting and maintaining the schools of the | ||||||||||||||||||||||||
21 | district attended, as determined with reference to the most | ||||||||||||||||||||||||
22 | recent audit prepared under Section 3-7 which is available at | ||||||||||||||||||||||||
23 | the commencement of the current school year. Non-resident |
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1 | pupils attending the schools of the district for less than the | ||||||
2 | school term shall have their tuition apportioned, however | ||||||
3 | pupils who become non-resident during a school term shall not | ||||||
4 | be charged tuition for the remainder of the school term in | ||||||
5 | which they became non-resident pupils. | ||||||
6 | Notwithstanding the provisions of this Section, a school | ||||||
7 | district may adopt a policy to waive tuition costs for a | ||||||
8 | non-resident pupil if the pupil is a child of a district | ||||||
9 | employee. For purposes of this paragraph, "child" means a | ||||||
10 | district employee's child who is a biological child, adopted | ||||||
11 | child, foster child, stepchild, or a child for which the | ||||||
12 | employee serves as a legal guardian. | ||||||
13 | Notwithstanding the other provisions of this Section, a | ||||||
14 | school district shall waive tuition costs for a non-resident | ||||||
15 | pupil who was previously a resident of the district if the | ||||||
16 | pupil submits a letter stating that the pupil no longer | ||||||
17 | resides in the district because the pupil has made allegations | ||||||
18 | of domestic violence, abuse, or sexual abuse against the | ||||||
19 | pupil's parent or guardian and the Department of Children and | ||||||
20 | Family Services has removed the pupil from the parent's or | ||||||
21 | guardian's home. | ||||||
22 | (b) Unless otherwise agreed to by the parties involved and | ||||||
23 | where the educational services are not otherwise provided for, | ||||||
24 | educational services for an Illinois student under the age of | ||||||
25 | 21 (and not eligible for services pursuant to Article 14 of | ||||||
26 | this Code) in any residential program shall be provided by the |
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1 | district in which the facility is located and financed as | ||||||
2 | follows. The cost of educational services shall be paid by the | ||||||
3 | district in which the student resides in an amount equal to the | ||||||
4 | cost of providing educational services in the residential | ||||||
5 | facility. Payments shall be made by the district of the | ||||||
6 | student's residence and shall be made to the district wherein | ||||||
7 | the facility is located no less than once per month unless | ||||||
8 | otherwise agreed to by the parties. | ||||||
9 | The funding provision of this subsection (b) applies to | ||||||
10 | all Illinois students under the age of 21 (and not eligible for | ||||||
11 | services pursuant to Article 14 of this Code) receiving | ||||||
12 | educational services in residential facilities, irrespective | ||||||
13 | of whether the student was placed therein pursuant to this | ||||||
14 | Code or the Juvenile Court Act of 1987 or by an Illinois public | ||||||
15 | agency or a court. The changes to this subsection (b) made by | ||||||
16 | this amendatory Act of the 95th General Assembly apply to all | ||||||
17 | placements in effect on July 1, 2007 and all placements | ||||||
18 | thereafter. For purposes of this subsection (b), a student's | ||||||
19 | district of residence shall be determined in accordance with | ||||||
20 | subsection (a) of Section 10-20.12b of this Code. The | ||||||
21 | placement of a student in a residential facility shall not | ||||||
22 | affect the residency of the student. When a dispute arises | ||||||
23 | over the determination of the district of residence under this | ||||||
24 | subsection (b), any person or entity, including without | ||||||
25 | limitation a school district or residential facility, may make | ||||||
26 | a written request for a residency decision to the State |
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