HB2530 101ST GENERAL ASSEMBLY

LRB101 04934 AXK 49943 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2530

Introduced , by Rep. Jeff Keicher

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-22.5a	from Ch. 122, par. 10-22.5a
105 ILCS 5/34-18.30

Amends the School Code. Provides that if a dependent of active United States military personnel is a nonresident of the school district and his or her parent or guardian is being transferred to a military installation located within the district, then the district must permit the dependent to enroll in school and must not charge the dependent nonresident tuition if the dependent provides the district with official military documentation designating the transfer and arrival dates and proof, within 10 days after the arrival date, that the dependent is a district resident. Provides for electronic enrollment and course registration and what proof of district residency includes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 10-22.5a and 34-18.30 as follows:

(105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)

Sec. 10-22.5a. Attendance by dependents of United States military personnel, foreign exchange students, and certain nonresident pupils.

(a) To enter into written agreements with cultural exchange organizations, or with nationally recognized eleemosynary institutions that promote excellence in the arts, mathematics, or science. The written agreements may provide for tuition free attendance at the local district school by foreign exchange students, or by nonresident pupils of eleemosynary institutions. The local board of education, as part of the agreement, may require that the cultural exchange program or the eleemosynary institutions provide services to the district in exchange for the waiver of nonresident tuition.

To enter into written agreements with adjacent school districts to provide for tuition free attendance by a student of the adjacent district when requested for the student's health and safety by the student or parent and both districts determine that the student's health or safety will be served by such attendance. Districts shall not be required to enter into such agreements nor be required to alter existing transportation services due to the attendance of such non-resident pupils.

(a-5) If, at the time of enrollment, a dependent of United States military personnel is housed in temporary housing located outside of a school district, but will be living within the district within 60 days after the time of initial enrollment, the dependent must be allowed to enroll, subject to the requirements of this subsection (a-5), and must not be charged tuition. Any United States military personnel attempting to enroll a dependent under this subsection (a-5) shall provide proof that the dependent will be living within the district within 60 days after the time of initial enrollment. Proof of residency may include, but is not limited to, postmarked mail addressed to the military personnel and sent to an address located within the district, a lease agreement for occupancy of a residence located within the district, or proof of ownership of a residence located within the district.

(a-10) Notwithstanding subsection (a-5), if a dependent of active United States military personnel is a nonresident of the school district and his or her parent or guardian is being transferred to a military installation located within the district, then the district must permit the dependent to enroll in school and must not charge the dependent nonresident tuition if the dependent provides the district with official military documentation designating the transfer and arrival dates and proof, within 10 days after the arrival date, that the dependent is a district resident. The dependent must be allowed to enroll and register for courses through electronic means, including enrollment in a specific school or program. Proof of district residency under this subsection shall include, but is not limited to, any of the following residences located within the district:

(1) A temporary, on-base military facility.

(2) A purchased or leased home or apartment.

(3) Federal government housing or off-base military housing, including off-base military housing that is provided through a public-private venture.

(b) Nonresident pupils and foreign exchange students attending school on a tuition free basis under such agreements entered into under subsection (a) and nonresident dependents of United States military personnel attending school on a tuition free basis under subsection (a-5) or (a-10) may be counted for the purposes of determining the apportionment of State aid provided under Section 18-8.05 or 18-8.15 of this Code. No organization or institution participating in agreements authorized under this Section may exclude any individual for participation in its program on account of the person's race, color, sex, religion or nationality.

(Source: P.A. 100-465, eff. 8-31-17.)

(105 ILCS 5/34-18.30)

Sec. 34-18.30. Dependents of military personnel; no tuition charge.

(a) If, at the time of enrollment, a dependent of United States military personnel is housed in temporary housing located outside of the school district, but will be living within the district within 60 days after the time of initial enrollment, the dependent must be allowed to enroll, subject to the requirements of this Section, and must not be charged tuition. Any United States military personnel attempting to enroll a dependent under this Section shall provide proof that the dependent will be living within the district within 60 days after the time of initial enrollment. Proof of residency may include, but is not limited to, postmarked mail addressed to the military personnel and sent to an address located within the district, a lease agreement for occupancy of a residence located within the district, or proof of ownership of a residence located within the district.

(b) Notwithstanding subsection (a), if a dependent of active United States military personnel is a nonresident of the school district and his or her parent or guardian is being transferred to a military installation located within the district, then the district must permit the dependent to enroll in school and must not charge the dependent nonresident tuition if the dependent provides the district with official military documentation designating the transfer and arrival dates and proof, within 10 days after the arrival date, that the dependent is a district resident. The dependent must be allowed to enroll and register for courses through electronic means, including enrollment in a specific school or program. Proof of district residency under this subsection shall include, but is not limited to, any of the following residences located within the district:

(1) A temporary, on-base military facility.

(2) A purchased or leased home or apartment.

(3) Federal government housing or off-base military housing, including off-base military housing that is provided through a public-private venture.

(c) Non-resident dependents of United States military personnel attending school on a tuition-free basis may be counted for the purposes of determining the apportionment of State aid provided under Section 18-8.05 or 18-8.15 of this Code.

(Source: P.A. 100-465, eff. 8-31-17.)

Section 99. Effective date. This Act takes effect upon becoming law.