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.


LRB103 36735 RJT 66845 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB2824LRB103 36735 RJT 66845 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-20.12a 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
9of the district tuition in an amount not exceeding 110% of the
10per capita cost of maintaining the schools of the district for
11the preceding school year.
12    Such per capita cost shall be computed by dividing the
13total cost of conducting and maintaining the schools of the
14district by the average daily attendance, including tuition
15pupils. Depreciation on the buildings and equipment of the
16schools of the district, and the amount of annual depreciation
17on such buildings and equipment shall be dependent upon the
18useful life of such property.
19    The tuition charged shall in no case exceed 110% of the per
20capita cost of conducting and maintaining the schools of the
21district attended, as determined with reference to the most
22recent audit prepared under Section 3-7 which is available at
23the commencement of the current school year. Non-resident

 

 

SB2824- 2 -LRB103 36735 RJT 66845 b

1pupils attending the schools of the district for less than the
2school term shall have their tuition apportioned, however
3pupils who become non-resident during a school term shall not
4be charged tuition for the remainder of the school term in
5which they became non-resident pupils.
6    Notwithstanding the provisions of this Section, a school
7district may adopt a policy to waive tuition costs for a
8non-resident pupil if the pupil is a child of a district
9employee. For purposes of this paragraph, "child" means a
10district employee's child who is a biological child, adopted
11child, foster child, stepchild, or a child for which the
12employee serves as a legal guardian.
13    Notwithstanding the other provisions of this Section, a
14school district shall waive tuition costs for a non-resident
15pupil who was previously a resident of the district if the
16pupil submits a letter stating that the pupil no longer
17resides in the district because the pupil has made allegations
18of domestic violence, abuse, or sexual abuse against the
19pupil's parent or guardian and the Department of Children and
20Family Services has removed the pupil from the parent's or
21guardian's home.
22    (b) Unless otherwise agreed to by the parties involved and
23where the educational services are not otherwise provided for,
24educational services for an Illinois student under the age of
2521 (and not eligible for services pursuant to Article 14 of
26this Code) in any residential program shall be provided by the

 

 

SB2824- 3 -LRB103 36735 RJT 66845 b

1district in which the facility is located and financed as
2follows. The cost of educational services shall be paid by the
3district in which the student resides in an amount equal to the
4cost of providing educational services in the residential
5facility. Payments shall be made by the district of the
6student's residence and shall be made to the district wherein
7the facility is located no less than once per month unless
8otherwise agreed to by the parties.
9    The funding provision of this subsection (b) applies to
10all Illinois students under the age of 21 (and not eligible for
11services pursuant to Article 14 of this Code) receiving
12educational services in residential facilities, irrespective
13of whether the student was placed therein pursuant to this
14Code or the Juvenile Court Act of 1987 or by an Illinois public
15agency or a court. The changes to this subsection (b) made by
16this amendatory Act of the 95th General Assembly apply to all
17placements in effect on July 1, 2007 and all placements
18thereafter. For purposes of this subsection (b), a student's
19district of residence shall be determined in accordance with
20subsection (a) of Section 10-20.12b of this Code. The
21placement of a student in a residential facility shall not
22affect the residency of the student. When a dispute arises
23over the determination of the district of residence under this
24subsection (b), any person or entity, including without
25limitation a school district or residential facility, may make
26a written request for a residency decision to the State

 

 

SB2824- 4 -LRB103 36735 RJT 66845 b

1Superintendent of Education, who, upon review of materials
2submitted and any other items or information he or she may
3request for submission, shall issue his or her decision in
4writing. The decision of the State Superintendent of Education
5is final.
6(Source: P.A. 103-111, eff. 6-29-23.)