Full Text of SB2824 103rd General Assembly
SB2824 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2824 Introduced 1/19/2024, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/10-20.12a | from Ch. 122, par. 10-20.12a |
| Amends the School Boards Article of the School Code. Provides that a school district shall waive tuition costs for a non-resident pupil who was previously a resident of the district if the pupil submits a letter stating that the pupil no longer resides in the district because the pupil has made allegations of domestic violence, abuse, or sexual abuse against the pupil's parent or guardian and the Department of Children and Family Services has removed the pupil from the parent's or guardian's home. |
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
| | | | SB2824 | | LRB103 36735 RJT 66845 b |
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| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The School Code is amended by changing Section | 5 | | 10-20.12a as follows: | 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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| 1 | | Superintendent of Education, who, upon review of materials | 2 | | submitted and any other items or information he or she may | 3 | | request for submission, shall issue his or her decision in | 4 | | writing. The decision of the State Superintendent of Education | 5 | | is final. | 6 | | (Source: P.A. 103-111, eff. 6-29-23.) |
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