HB3825 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3825

 

Introduced 2/17/2023, by Rep. Brad Halbrook

 

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. In the provision concerning tuition for non-resident pupils, provides that, for any school district other than the Chicago school district, if the parent or guardian of a non-resident pupil requests to enroll the pupil in the district and both the pupil and the pupil's parent or guardian reside within one-quarter mile of the district's boundaries, then the district may not charge the pupil tuition.


LRB103 25747 RJT 52096 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB3825LRB103 25747 RJT 52096 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. However, for any district not
12subject to Article 34 of this Code, if the parent or guardian
13of a non-resident pupil requests to enroll the pupil in the
14district and both the pupil and the pupil's parent or guardian
15reside within one-quarter mile of the district's boundaries,
16then the district may not charge the pupil tuition.
17    Such per capita cost shall be computed by dividing the
18total cost of conducting and maintaining the schools of the
19district by the average daily attendance, including tuition
20pupils. Depreciation on the buildings and equipment of the
21schools of the district, and the amount of annual depreciation
22on such buildings and equipment shall be dependent upon the
23useful life of such property.

 

 

HB3825- 2 -LRB103 25747 RJT 52096 b

1    The tuition charged shall in no case exceed 110% of the per
2capita cost of conducting and maintaining the schools of the
3district attended, as determined with reference to the most
4recent audit prepared under Section 3-7 which is available at
5the commencement of the current school year. Non-resident
6pupils attending the schools of the district for less than the
7school term shall have their tuition apportioned, however
8pupils who become non-resident during a school term shall not
9be charged tuition for the remainder of the school term in
10which they became non-resident pupils.
11    (b) Unless otherwise agreed to by the parties involved and
12where the educational services are not otherwise provided for,
13educational services for an Illinois student under the age of
1421 (and not eligible for services pursuant to Article 14 of
15this Code) in any residential program shall be provided by the
16district in which the facility is located and financed as
17follows. The cost of educational services shall be paid by the
18district in which the student resides in an amount equal to the
19cost of providing educational services in the residential
20facility. Payments shall be made by the district of the
21student's residence and shall be made to the district wherein
22the facility is located no less than once per month unless
23otherwise agreed to by the parties.
24    The funding provision of this subsection (b) applies to
25all Illinois students under the age of 21 (and not eligible for
26services pursuant to Article 14 of this Code) receiving

 

 

HB3825- 3 -LRB103 25747 RJT 52096 b

1educational services in residential facilities, irrespective
2of whether the student was placed therein pursuant to this
3Code or the Juvenile Court Act of 1987 or by an Illinois public
4agency or a court. The changes to this subsection (b) made by
5this amendatory Act of the 95th General Assembly apply to all
6placements in effect on July 1, 2007 and all placements
7thereafter. For purposes of this subsection (b), a student's
8district of residence shall be determined in accordance with
9subsection (a) of Section 10-20.12b of this Code. The
10placement of a student in a residential facility shall not
11affect the residency of the student. When a dispute arises
12over the determination of the district of residence under this
13subsection (b), any person or entity, including without
14limitation a school district or residential facility, may make
15a written request for a residency decision to the State
16Superintendent of Education, who, upon review of materials
17submitted and any other items or information he or she may
18request for submission, shall issue his or her decision in
19writing. The decision of the State Superintendent of Education
20is final.
21(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)