Full Text of SB3055 95th General Assembly
SB3055 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB3055
Introduced 8/12/2008, by Sen. James T. Meeks - Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-20.12a |
from Ch. 122, par. 10-20.12a |
105 ILCS 5/10-20.12b |
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105 ILCS 5/10-22.5 |
from Ch. 122, par. 10-22.5 |
105 ILCS 5/10-22.5a |
from Ch. 122, par. 10-22.5a |
105 ILCS 5/34-18.30 |
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Amends the School Code. Provides that a school district must allow non-resident pupils of the school district to attend the schools of the district without charging these students tuition as long as these students are residents of this State (now, a school board has the power to charge non-resident pupils tuition). Provides that the school district is not required to provide the necessary transportation for these students. Makes related changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB3055 |
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LRB095 22035 NHT 52307 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-20.12a, 10-20.12b, 10-22.5, 10-22.5a, and 34-18.30 as | 6 |
| follows:
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| (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
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| Sec. 10-20.12a. Non-resident pupil attendance; tuition for | 9 |
| out-of-State pupils Tuition for non-resident pupils . To charge | 10 |
| non-resident pupils who are not residents of this State but who | 11 |
| attend the schools of the district
tuition in an amount not | 12 |
| exceeding 110% of the per capita
cost of maintaining the | 13 |
| schools of the district for the preceding school year. A school | 14 |
| district must allow non-resident pupils of the school district | 15 |
| to attend the schools of the district without charging these | 16 |
| students tuition as long as these students are residents of | 17 |
| this State. However, the school district is not required to | 18 |
| provide the necessary transportation for these students. | 19 |
| Nothing in this Section shall be construed to relieve a school | 20 |
| district or the State Board of Education from making tuition | 21 |
| payments to another school district under other provisions of | 22 |
| this Code.
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| Such per capita cost shall be computed by dividing the |
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| total cost of
conducting and maintaining the schools of the | 2 |
| district by the average daily
attendance, including | 3 |
| non-resident tuition pupils. Depreciation on the buildings and
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| equipment of the schools of the district, and the amount of | 5 |
| annual
depreciation on such buildings and equipment shall be | 6 |
| dependent upon the
useful life of such property.
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| The tuition charged shall in no case exceed 110% of the per | 8 |
| capita
cost of conducting and maintaining the schools of the | 9 |
| district attended, as
determined
with reference to the most | 10 |
| recent audit prepared under Section 3-7 which is
available at | 11 |
| the commencement of the current school year. Tuition must be | 12 |
| apportioned for non-resident
Non-resident pupils attending the | 13 |
| schools of the district
for less than the
school term ; shall | 14 |
| have their tuition apportioned, however , a school district may | 15 |
| not charge tuition for pupils who become
non-resident during a | 16 |
| school term shall not be charged tuition for the
remainder of | 17 |
| the school term in which they became non-resident pupils.
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| Unless otherwise agreed to by the parties involved and | 19 |
| where the
educational services are not otherwise provided for, | 20 |
| educational services
for an Illinois student under the age of | 21 |
| 21 in a residential program
designed to correct alcohol or | 22 |
| other drug dependencies shall be provided by
the district in | 23 |
| which the facility is located and financed as follows. The
cost | 24 |
| of educational services shall be paid by the district in which | 25 |
| the
student resides in an amount equal to the cost of providing | 26 |
| educational
services in a treatment facility. Payments shall be |
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| made by the district
of the student's residence and shall be | 2 |
| made to the district wherein the
facility is located no less | 3 |
| than once per month unless otherwise agreed to
by the parties.
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| (Source: P.A. 89-397, eff. 8-20-95; 90-649, eff. 7-24-98.)
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| (105 ILCS 5/10-20.12b)
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| Sec. 10-20.12b. Residency; payment of tuition; hearing; | 7 |
| criminal penalty.
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| (a) For purposes of this Section:
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| (1) The residence of a person who has legal custody of | 10 |
| a pupil is
deemed to be the residence of the pupil.
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| (2) "Legal custody" means one of the following:
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| (i) Custody exercised by a natural or adoptive | 13 |
| parent with whom the
pupil resides.
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| (ii) Custody granted by order of a court of | 15 |
| competent jurisdiction to a
person with whom the pupil | 16 |
| resides for reasons other than to have access to the
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| educational programs of the district.
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| (iii) Custody exercised under a statutory | 19 |
| short-term guardianship,
provided that within 60 days | 20 |
| of the pupil's enrollment a court order is entered
that | 21 |
| establishes a permanent guardianship and grants | 22 |
| custody to a person with
whom the pupil resides for | 23 |
| reasons other than to have access to the educational
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| programs of the district.
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| (iv) Custody exercised by an adult caretaker |
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| relative who is receiving
aid under the Illinois Public | 2 |
| Aid Code for the pupil who resides with that
adult | 3 |
| caretaker relative for purposes other than to have | 4 |
| access to the
educational programs of the district.
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| (v) Custody exercised by an adult who demonstrates | 6 |
| that, in fact, he or
she has assumed and exercises | 7 |
| legal responsibility for the pupil and provides
the | 8 |
| pupil with a regular fixed night-time abode for | 9 |
| purposes other than to have
access to the educational | 10 |
| programs of the district.
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| (a-5) (Blank). If a pupil's change of residence is due to | 12 |
| the military service obligation of a person who has legal | 13 |
| custody of the pupil, then, upon the written request of the | 14 |
| person having legal custody of the pupil, the residence of the | 15 |
| pupil is deemed for all purposes relating to enrollment | 16 |
| (including tuition, fees, and costs), for the duration of the | 17 |
| custodian's military service obligation, to be the same as the | 18 |
| residence of the pupil immediately before the change of | 19 |
| residence caused by the military service obligation. A school | 20 |
| district is not responsible for providing transportation to or | 21 |
| from school for a pupil whose residence is determined under | 22 |
| this subsection (a-5). School districts shall facilitate | 23 |
| re-enrollment when necessary to comply with this subsection | 24 |
| (a-5).
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| (b) Except as otherwise provided under Sections Section | 26 |
| 10-22.5a and 34-18.30 , only resident
pupils of a school |
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| district and non-resident pupils of the district who are | 2 |
| residents of this State may attend the schools of the district | 3 |
| without
payment of the tuition required to be charged under | 4 |
| Section 10-20.12a.
However, children for whom the Guardianship | 5 |
| Administrator of the Department of
Children and Family Services | 6 |
| has been appointed temporary custodian or guardian
of the | 7 |
| person of a child shall not be charged tuition as a nonresident | 8 |
| pupil if
the child was placed by the Department of Children and | 9 |
| Family Services with a
foster parent or placed in another type | 10 |
| of child care facility and the foster
parent or child care | 11 |
| facility is located in a school district other than
the child's | 12 |
| former school district and it is determined by the Department | 13 |
| of
Children and Family Services to be in the child's
best | 14 |
| interest to maintain attendance at his or her former school | 15 |
| district.
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| (c) The provisions of this subsection do not apply in | 17 |
| school districts
having a population of 500,000 or more.
If a | 18 |
| school board in a school district with a population of less | 19 |
| than
500,000 determines that a pupil who is attending school in
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| the district on a tuition free basis is a nonresident of the | 21 |
| State district for whom
tuition is required to be charged under | 22 |
| Section 10-20.12a, the board shall
notify the person who | 23 |
| enrolled the pupil of the amount of the tuition
charged under | 24 |
| Section 10-20.12a that is due to the district for the | 25 |
| nonresident
pupil's attendance in the district's schools. The | 26 |
| notice shall be given by
certified mail, return receipt |
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| requested. Within 10 days after receipt of the
notice, the | 2 |
| person who enrolled the pupil may request a hearing to
review | 3 |
| the determination of the school board. The request shall be | 4 |
| sent by
certified mail, return receipt requested, to the | 5 |
| district superintendent.
Within 10 days after receipt of the | 6 |
| request, the board shall notify, by
certified mail, return | 7 |
| receipt requested, the person requesting the hearing of
the | 8 |
| time and place of the hearing, which shall be held not less | 9 |
| than 10 nor
more than 20 days after the
notice of hearing is | 10 |
| given. The board or a hearing officer designated by the
board | 11 |
| shall conduct the hearing. The board and the person who | 12 |
| enrolled
the pupil may be represented at the hearing by | 13 |
| representatives of their
choice. At the hearing, the person who | 14 |
| enrolled the pupil shall have the
burden of going forward with | 15 |
| the evidence concerning the pupil's residency. If
the hearing | 16 |
| is conducted by a hearing officer, the hearing officer,
within | 17 |
| 5 days after the conclusion of the hearing, shall send a | 18 |
| written report
of his or her findings by certified mail, return | 19 |
| receipt requested, to the
school board and to the person who | 20 |
| enrolled the pupil.
The person who enrolled the pupil may, | 21 |
| within 5 days
after receiving the findings, file written | 22 |
| objections to the findings with the
school board by sending the | 23 |
| objections by certified mail, return receipt
requested, | 24 |
| addressed to the district superintendent.
Whether the hearing | 25 |
| is conducted by the school board or a hearing officer, the
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| school board shall, within 15 days after the conclusion of the |
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| hearing, decide
whether or not the pupil is a resident of the | 2 |
| State district and the amount of any
tuition required to be | 3 |
| charged under Section 10-20.12a as a result of the
pupil's | 4 |
| attendance in the schools of the district. The school board | 5 |
| shall send
a copy of its decision to the person who enrolled | 6 |
| the
pupil, and the decision of the school board shall be final.
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| (c-5) The provisions of this subsection apply only in | 8 |
| school districts
having a population of 500,000 or more. If the | 9 |
| board of education of a school
district with a population of | 10 |
| 500,000 or more determines that a pupil who is
attending school | 11 |
| in the district on a tuition free basis is a nonresident of
the | 12 |
| State district for whom tuition is required to be charged under | 13 |
| Section
10-20.12a, the board shall notify the person who | 14 |
| enrolled the pupil of the
amount of the tuition charged under | 15 |
| Section 10-20.12a that is due to the
district for the | 16 |
| nonresident pupil's attendance in the district's schools. The
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| notice shall be given by certified mail, return receipt | 18 |
| requested. Within 10
days after receipt of the notice, the | 19 |
| person who enrolled the pupil may request
a hearing to review | 20 |
| the determination of the school board. The request shall
be | 21 |
| sent by certified mail, return receipt requested, to the | 22 |
| district
superintendent. Within 30 days after receipt of the
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| request, the board shall notify, by certified mail, return | 24 |
| receipt requested,
the person requesting the hearing of the | 25 |
| time and place of the hearing, which
shall be held not less | 26 |
| than 10 nor more than 30 days after the notice of
hearing is |
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| given. The board or a hearing officer designated by the board | 2 |
| shall
conduct the hearing. The board and the person who | 3 |
| enrolled the pupil may each
be represented at the hearing by a | 4 |
| representative of their choice. At the
hearing, the person who | 5 |
| enrolled the pupil shall have the burden of going
forward with | 6 |
| the evidence concerning the pupil's residency. If the hearing | 7 |
| is
conducted by a hearing officer, the hearing officer, within | 8 |
| 20 days after the
conclusion of the hearing, shall serve a | 9 |
| written report of his or her findings
by personal service or by | 10 |
| certified mail, return receipt requested, to the
school board | 11 |
| and to the person who enrolled the pupil. The person who | 12 |
| enrolled
the pupil may, within 10 days after receiving the | 13 |
| findings, file written
objections to the findings with the | 14 |
| board of education by sending the
objections by certified mail, | 15 |
| return receipt requested, addressed to the
general | 16 |
| superintendent of schools. If the hearing is conducted by the | 17 |
| board of
education, the board shall, within 45 days after the
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| conclusion of the hearing, decide whether or not the pupil is a | 19 |
| resident of the State
district and the amount of any tuition | 20 |
| required to be charged under Section
10-20.12a as a result of | 21 |
| the pupil's attendance in the schools of the district.
If the | 22 |
| hearing is conducted by a hearing officer, the board of | 23 |
| education
shall, within 45 days after the receipt of the | 24 |
| hearing officer's findings,
decide whether or not the pupil is | 25 |
| a resident of the State district and the amount of
any tuition | 26 |
| required to be charged under Section 10-20.12a as a result of |
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| the
pupil's attendance in the schools of the district. The | 2 |
| board of education
shall send, by certified mail, return | 3 |
| receipt requested, a copy of its decision
to the person who | 4 |
| enrolled the pupil, and the decision of the board shall be
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| final.
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| (d) If a hearing is requested under subsection (c) or (c-5) | 7 |
| to review
the determination of the school board or board of | 8 |
| education that a nonresident pupil is attending the schools of | 9 |
| the
district without payment of the tuition required to be | 10 |
| charged under Section
10-20.12a, the pupil may, at the request | 11 |
| of a person who enrolled
the pupil, continue attendance at the | 12 |
| schools of the district pending a final
decision of the board | 13 |
| following the hearing. However, attendance of
that pupil in the | 14 |
| schools of the district as authorized by this subsection (d)
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| shall not relieve any person who enrolled the pupil of the | 16 |
| obligation to pay
the tuition
charged for that attendance under | 17 |
| Section 10-20.12a if the final decision of
the board is that | 18 |
| the pupil is a nonresident of the district.
If a pupil is | 19 |
| determined to be a nonresident of the district for whom tuition
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| is required to be charged pursuant to this Section, the board | 21 |
| shall
refuse to permit the pupil to continue attending the | 22 |
| schools of the district
unless the required tuition is paid for | 23 |
| the pupil.
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| (e) Except for a pupil referred to in subsection (b) of | 25 |
| Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or | 26 |
| a pupil referred to in subsection
(b) of this Section, a person |
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| who knowingly enrolls or
attempts to enroll in the schools of a | 2 |
| school district on a tuition free basis
a pupil known by that | 3 |
| person to be a nonresident of this State the district shall be
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| guilty of a Class C misdemeanor.
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| (f) A person who knowingly or wilfully presents to any | 6 |
| school district any
false information regarding the residency | 7 |
| of a pupil for the purpose of
enabling that pupil to attend any | 8 |
| school in that district without the payment
of a nonresident | 9 |
| tuition charge shall be guilty of a Class C misdemeanor.
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| (g) The provisions of this Section are subject to the | 11 |
| provisions of the
Education for Homeless Children Act. Nothing | 12 |
| in this Section shall be
construed to apply to or require the | 13 |
| payment of tuition by a parent or guardian
of a "homeless | 14 |
| child" (as that term is defined in Section 1-5 of the Education
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| for Homeless Children Act) in connection with or as a result of | 16 |
| the homeless
child's continued education or enrollment in a | 17 |
| school that is chosen in
accordance with any of the options | 18 |
| provided in Section 1-10 of that Act.
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| (Source: P.A. 94-309, eff. 7-25-05.)
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| (105 ILCS 5/10-22.5) (from Ch. 122, par. 10-22.5)
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| Sec. 10-22.5. Assignment of pupils to schools - | 22 |
| Non-resident
pupils - Tuition - Race discrimination.
To assign | 23 |
| pupils to the several schools in the district; to admit
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| non-resident pupils when it can be done without prejudice to | 25 |
| the rights
of resident pupils and provide them with any |
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| services of the school ,
including transportation if the | 2 |
| district so chooses ; to fix the rates of tuition in accordance | 3 |
| with
Section 10-20.12a, and to collect and pay the same to the | 4 |
| treasurer
for the use of the district; but no pupil shall be | 5 |
| excluded from or
segregated in any such school on account of | 6 |
| his color, race, sex, or
nationality. Nothing herein shall be | 7 |
| construed to permit or empower the
State Board of Education to
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| order, mandate or require
busing or other transportation of | 9 |
| pupils for the purpose of achieving
racial balance in any | 10 |
| school.
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| (Source: P.A. 81-1508.)
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| (105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
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| Sec. 10-22.5a. Attendance by dependents of United States | 14 |
| military personnel, foreign exchange students, and certain
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| nonresident pupils. | 16 |
| (a) To enter into written agreements with cultural exchange | 17 |
| organizations,
or with nationally recognized eleemosynary | 18 |
| institutions that promote excellence
in the arts, mathematics, | 19 |
| or science. The written agreements may provide
for tuition free | 20 |
| attendance at the local district school by foreign exchange
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| students, or by nonresident pupils of eleemosynary | 22 |
| institutions. The local
board of education, as part of the | 23 |
| agreement, may require that the cultural
exchange program or | 24 |
| the eleemosynary institutions provide services to the
district | 25 |
| in exchange for the waiver of nonresident tuition.
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| To enter into written agreements with adjacent school | 2 |
| districts to provide
for tuition free attendance by a student | 3 |
| of the adjacent district when
requested for the student's | 4 |
| health and safety by the student or parent and both
districts | 5 |
| determine that the student's health or safety will be served by | 6 |
| such
attendance. Districts shall not be required to enter into | 7 |
| such agreements nor
be
required to alter existing | 8 |
| transportation services due to the attendance of
such | 9 |
| non-resident pupils.
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| (a-5) If, at the time of enrollment, a dependent of United | 11 |
| States military personnel is housed in temporary housing | 12 |
| located outside of a school district, but will be living within | 13 |
| the State district within 60 days after the time of initial | 14 |
| enrollment, the dependent must be allowed to enroll, subject to | 15 |
| the requirements of this subsection (a-5), and must not be | 16 |
| charged tuition. Any United States military personnel | 17 |
| attempting to enroll a dependent under this subsection (a-5) | 18 |
| shall provide proof that the dependent will be living within | 19 |
| the State district within 60 days after the time of initial | 20 |
| enrollment. Proof of residency may include, but is not limited | 21 |
| to, postmarked mail addressed to the military personnel and | 22 |
| sent to an address located within the State district , a lease | 23 |
| agreement for occupancy of a residence located within the State | 24 |
| district , or proof of ownership of a residence located within | 25 |
| the State district .
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| (b) Nonresident pupils and foreign exchange students |
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| attending school on a
tuition free basis under such agreements | 2 |
| and nonresident dependents of United States military personnel | 3 |
| attending school on a tuition free basis may be counted for the | 4 |
| purposes
of determining the apportionment of State aid provided | 5 |
| under Section 18-8.05
of this Code, provided
that any cultural | 6 |
| exchange organization or eleemosynary
institutions
wishing to | 7 |
| participate in an agreement authorized under this Section must
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| be approved in writing by the State Board of Education. The | 9 |
| State Board
of Education may establish reasonable rules to | 10 |
| determine the eligibility
of cultural exchange organizations | 11 |
| or eleemosynary institutions wishing
to participate in | 12 |
| agreements authorized under this Section. No organization
or | 13 |
| institution participating in agreements authorized under this | 14 |
| Section
may exclude any individual for participation in its | 15 |
| program on account
of the person's race, color, sex, religion | 16 |
| or nationality.
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| (Source: P.A. 93-740, eff. 7-15-04.)
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| (105 ILCS 5/34-18.30)
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| Sec. 34-18.30. Dependents of military personnel; no | 20 |
| tuition charge. If, at the time of enrollment, a dependent of | 21 |
| United States military personnel is housed in temporary housing | 22 |
| located outside of the school district, but will be living | 23 |
| within the State district within 60 days after the time of | 24 |
| initial enrollment, the dependent must be allowed to enroll, | 25 |
| subject to the requirements of this Section, and must not be |
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| charged tuition. Any United States military personnel | 2 |
| attempting to enroll a dependent under this Section shall | 3 |
| provide proof that the dependent will be living within the | 4 |
| State district within 60 days after the time of initial | 5 |
| enrollment. Proof of residency may include, but is not limited | 6 |
| to, postmarked mail addressed to the military personnel and | 7 |
| sent to an address located within the State district , a lease | 8 |
| agreement for occupancy of a residence located within the State | 9 |
| district , or proof of ownership of a residence located within | 10 |
| the State district . Non-resident dependents of United States | 11 |
| military personnel attending school on a tuition-free basis may | 12 |
| be counted for the purposes
of determining the apportionment of | 13 |
| State aid provided under Section 18-8.05 of this Code.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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