HB5364 103RD GENERAL ASSEMBLY

LRB103 38966 RJT 69103 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5364

Introduced 2/9/2024, by Rep. Harry Benton

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-22.5a

from Ch. 122, par. 10-22.5a

Amends the School Boards Article of the School Code. Provides that a school district shall allow a dependent of United States military personnel who is housed in temporary housing located outside of a school district, but will be living within the district within 6 months after the time of initial enrollment, to be educated through an electronic learning program or remote learning program for the time period that the dependent is housed in temporary housing. Provides that if a dependent of United States military personnel is moving out of the State because the United States military personnel received a permanent change of station order, then the student shall be allowed to remain enrolled in the school district and be educated through an electronic learning program or remote learning program until a student enrolls in another school district.

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 Section 10-22.5a 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 6 months 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 6 months 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 school district shall allow a dependent of United States military personnel who is housed in temporary housing located outside of a school district, but will be living within the district within 6 months after the time of initial enrollment, to be educated through an electronic learning program or remote learning program for the time period that the dependent is housed in temporary housing under this subsection (a-5).

If a dependent of United States military personnel is moving out of this State because the United States military personnel received a permanent change of station order, then the student shall be allowed to remain enrolled in the school district and be educated through an electronic learning program or remote learning program until a student enrolls in another school district.

(b) Nonresident pupils and foreign exchange students attending school on a tuition free basis under such agreements and nonresident 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. 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. 102-126, eff. 7-23-21.)