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(105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
Sec. 10-20.12a. Tuition for non-resident pupils. (a) To charge non-resident pupils who attend the schools of the district
tuition in an amount not exceeding 110% of the per capita
cost of maintaining the schools of the district for the preceding school year.
Such per capita cost shall be computed by dividing the total cost of
conducting and maintaining the schools of the district by the average daily
attendance, including tuition pupils. Depreciation on the buildings and
equipment of the schools of the district, and the amount of annual
depreciation on such buildings and equipment shall be dependent upon the
useful life of such property.
The tuition charged shall in no case exceed 110% of the per capita
cost of conducting and maintaining the schools of the district attended, as
determined
with reference to the most recent audit prepared under Section 3-7 which is
available at the commencement of the current school year.
Non-resident pupils attending the schools of the district
for less than the
school term shall have their tuition apportioned, however pupils who become
non-resident during a school term shall not be charged tuition for the
remainder of the school term in which they became non-resident pupils. Notwithstanding the provisions of this Section, a school district may adopt a policy to waive tuition costs for a non-resident pupil if the pupil is a child of a district employee. For purposes of this paragraph, "child" means a district employee's child who is a biological child, adopted child, foster child, stepchild, or a child for which the employee serves as a legal guardian.
(b) Unless otherwise agreed to by the parties involved and where the
educational services are not otherwise provided for, educational services
for an Illinois student under the age of 21 (and not eligible for services pursuant to Article 14 of this Code) in any residential program
shall be provided by
the district in which the facility is located and financed as follows. The
cost of educational services shall be paid by the district in which the
student resides in an amount equal to the cost of providing educational
services in the residential facility. Payments shall be made by the district
of the student's residence and shall be made to the district wherein the
facility is located no less than once per month unless otherwise agreed to
by the parties. The funding provision of this subsection (b) applies to all Illinois students under the age of 21 (and not eligible for services pursuant to Article 14 of this Code) receiving educational services in residential facilities, irrespective of whether the student was placed therein pursuant to this Code or the Juvenile Court Act of 1987 or by an Illinois public agency or a court. The changes to this subsection (b) made by this amendatory Act of the 95th General Assembly apply to all placements in effect on July 1, 2007 and all placements thereafter. For purposes of this subsection (b), a student's district of residence shall be determined in accordance with subsection (a) of Section 10-20.12b of this Code. The placement of a student in a residential facility shall not affect the residency of the student. When a dispute arises over the determination of the district of residence under this subsection (b), any person or entity, including without limitation a school district or residential facility, may make a written request for a residency decision to the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue his or her decision in writing. The decision of the State Superintendent of Education is final.
(Source: P.A. 103-111, eff. 6-29-23.)
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