Only students who are residents of the District may attend a District school without a tuition charge, except as otherwise provided below or in State law. A student’s residence is the same as the person who has legal custody of the student.
A person asserting legal custody over a student, who is not the child’s natural or adoptive parent, shall complete a signed statement, stating: (a) that he or she has assumed and exercises legal responsibility for the child, (b) the reason the child lives with him or her, other than to receive an education in the District, and (c) that he or she exercises full control over the child regarding daily educational and medical decisions in case of emergency. If the District knows the current address of the child's natural or adoptive parent, the District shall request in writing that the person complete a signed statement or Power of Attorney stating: (a) the role and responsibility of the person with whom their child is living, and (b) that the person with whom the child is living has full control over the child regarding daily educational and medical decisions in case of emergency.
A student whose family moves out of the District during the school year will be permitted to attend school for the remainder of the year without payment of tuition. Any student who has attained the status of junior at a District 202 High School and becomes a non-resident student may have the option of paying tuition for one year for the purpose of graduating from the High School he or she attended. After a student moves out of the District, transportation is no longer provided.
When a student’s change of residence is due to the military service obligation of the student’s legal custodian, the student’s residence is deemed to be unchanged for the duration of the custodian’s military service obligation if the student’s custodian made a written request. The District, however, is not responsible for the student’s transportation to or from school.
If, at the time of enrollment, a dependent child of military personnel is house in temporary housing located outside the District, but will be living within the District within 60 days after the time of initial enrollment, the child is allowed to enroll, subject to the requirements of State law, and must not be charged tuition.
Any homeless child shall be immediately admitted, even if the child or child’s parent/guardian is unable to produce records normally required to establish residency. School Board policy 6:140, Education of Homeless Children, and its implementing administrative procedure, govern the enrollment of homeless children.
Challenging a Student’s Residence Status
If the Superintendent or designee determines that a student attending school on a tuition-free basis is a nonresident of the District for whom tuition is required to be charged, he or she on behalf of the School Board shall notify the person who enrolled the student of the tuition amount that is due. The notice shall detail the specific reasons why the Board believes that the student is a nonresident of the district and shall be given by certified mail, return receipt requested. The person who enrolled the student may challenge this determination and request a hearing as provided by the School Code, 105 ILCS 5/10-20.12b.
Criminal Punishment for Misrepresentation of Residency
Illinois law has made it a crime, punishable by imprisonment and fine, to knowingly or willfully present any false information regarding the residency of a student for purposes of enabling that student to attend on a tuition-free basis or to knowingly enroll or attempt to enroll a student on a tuition-free basis when the student is known to be a non-resident of the District. The Superintendent is authorized to seek prosecution to the full extent of the law of any person who the Superintendent believes has committed any residency-related crime. Civil proceedings may also be initiated with the approval of the Board.
Tuition for Non-Resident
Under Section 10.22.5 of the Illinois School Code, the Board of Education may, but is not required to, admit non-resident students. Due to the present lack of capacity in the schools it is generally the policy of the Board to deny admission to non-resident students. If, in exceptional circumstances a non-resident student is permitted to enroll or if an unauthorized non-resident student attends, the student must be charged tuition in accordance with the mandate of the School Code.
A person who has legal custody of a student and who intends to become a resident of the School District may enroll the student upon submission of (1) a properly signed purchase contract or lease without contingencies providing for possession of the residence within one hundred and twenty (120) calendar days of the date of enrollment; and (2) a $350 non-refundable fee per family.
LEGAL REF.: McKinney-Vento Homeless Assistance Act, 42 U.S.C. §11431 et seq.
105 ILCS 5/10-20.12a, 5/10-20.12b, and 5/10-22.5.
105 ILCS 45/ and 70/.
23 Ill.Admin.Code §1.240.
Israel S. by Owens v. Board of Educ. of Oak Park and River Forest High School Dist. 200,
601 N.E.2d 1264 (Ill.App.1, 1992).
Joel R. v. Board of Education of Manheim School District 83, 686 N.E.2d 650 (Ill.App.1,1997).
Kraut v. Rachford, 366 N.E.2d 497 (Ill.App.1, 1977).
CROSS REF.: 6:15 (School Accountability containing “School Choice for Students Enrolled in a School Identified for Improvement, Corrective Action, or Restructuring”), 6:140 (Education of Homeless Children), 7:50 (School Admissions and Student Transfers To and From Non-District Schools), 7:70 (Attendance and Truancy)
ADOPTED: November 22, 2004
REVISED: February 9, 2009
December 14, 2009
May 8, 2017
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