Glenbard Township High School District 87
Policy 7:60
Students
Residency
Resident Students
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. The administration may require proof of residence and legal custody. "Legal custody" means:
1. Custody exercised by a natural or adoptive parent with whom a pupil resides;
2. Custody granted by order of a court to a person with whom the pupil resides for reasons other than to have access to the District's educational programs;
3. Custody exercised under a statutory short-term guardianship, provided that within 60 days of the student's enrollment, a court order is entered establishing a permanent guardianship and granting custody to a person with whom the pupil resides for a reason other than to have access to the District's educational programs;
4. Custody exercised by an adult caretaker relative who is receiving aid under the Illinois Public Aid Code for the pupil who resides with that adult caretaker relative for purposes other than to have access to the educational programs of the district; or
5. Custody exercised by an adult who demonstrates that, in fact, he or she has assumed and exercises legal responsibility and has full control over the child regarding daily educational and medical decisions in case of emergency and provides the pupil with a regular fixed nighttime abode for purposes other than to have access to the educational programs of the district.
The criteria for determining the residency of special education students are set forth in the School Code and must be applied in place of the criteria and procedures generally applicable to students, when appropriate.
A student whose family moves out of the District during the school term will be permitted to attend school for the remainder of the term without payment of tuition.
If a student's family plans to move into the District within 31 calendar days after the beginning of school, the student may be allowed to attend school at the beginning of the school term without payment of tuition.
When a student’s change in residence is due to the military service obligation of the student’s legal custodian, the student’s residency is deemed to be unchanged for the duration of the custodian’s military service obligation if the custodian has submitted a request in writing that the student’s
residency remain unchanged. The District shall not be responsible, however, for the transportation of students who maintain their residency in the District under this provision.
If, at the time of enrollment, a dependent child of military personnel is housed in temporary housing located outside of the District, but will be living within the District within 60 days after the time of initial enrollment, the child shall be allowed to enroll, subject to the requirements of State law, and
shall not be charged tuition.
Non-Resident Students
Non-resident students may attend District schools upon the Superintendent's recommendation, approval of the Board of Education, and subject to the following:
1. The student will attend on a year-to-year basis. Approval for any one year is not authorization to attend a following year.
2. The student will be accepted only if there is sufficient room.
3. The student's parent(s)/guardian(s) will be charged the maximum amount of tuition as allowed by State law.
4. Transportation to and from school shall be the responsibility of the parent(s)/guardian(s).
Non-resident students may also attend District schools whenever any State or federal law, interagency agreement, or a court order mandates the acceptance of a non-resident student.
The Superintendent or designee is authorized to enter into written agreements with cultural exchange organizations and eleemosynary institutions to provide for the tuition-free attendance by foreign exchange students and non-resident pupils of eleemosynary institutions.
Determining a Student's Residence Status
The Superintendent may investigate and determine the residency of any student before or after enrollment in accordance with the applicable provisions of Illinois law and may require the involved persons to provide additional information to be considered by the District in determining residency. Such information may include, but is not limited to, real estate contracts, leases, financial documents, voter registration, tax documents, bills, and vehicle registrations and licenses. The investigation may include, but not limited to, interviews, completion of questionnaires, observations, and home visits. Whenever the Superintendent receives information believed to be reliable questioning the residency of the student, the Superintendent shall conduct an investigation to determine whether the student is a resident of the District.
If a student has not begun attendance in school when residency is questioned, the Superintendent shall generally deny attendance-pending determination of the student's residency, however, students who are considered homeless under the Education for Homeless Children Act, 105 ILCS 45/1-1 et seq. shall be enrolled immediately. At the conclusion of the investigation and after providing the student and the student's parents or other appropriate person an opportunity to discuss the matter, the Superintendent shall make a decision as to the student's residency. If the Superintendent determines that the student is not a resident, the Superintendent will take appropriate action, which may include refusing to enroll the student.
If the Superintendent determines that a student already enrolled is not a resident of the School District, notice of the decision and an opportunity for a hearing shall be given, a hearing held before the Board or its hearing officer if timely requested, and a decision made in accordance with the
procedures specified in the School Code. The student may be disenrolled and tuition charged for the period of non-residency, if non-residency is found by the Superintendent, subject to appeal to, and/or affirmation by, the Board. However, pending any appeal to, and/or affirmation by, the Board of the Superintendent's determination of non-residency, a student enrolled and attending school in the District may continue to attend school. The person responsible for the student, or the student if 18 years or older, is responsible for tuition pending an appeal if non-residency is found by the Board, as well as tuition for the balance of the period of non-residency.
As used in this policy, the term "Superintendent" includes the Superintendent's designee.
Homeless Children
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. Board policy 6:140, Education of Homeless Children, and its implementing administrative procedures, govern the enrollment of homeless children.
LEGAL REF.: McKinney Homeless Assistance Act, 42 U.S.C. § 11431 et seq.
30 ILCS 220/11.
105 ILCS 5/10-20.12a, 5/10-20.12b, and 5/10-22.5.
105 ILCS 45/1-5.
23 Ill. Admin. Code § 1.240(e).
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. 1992).
Joel R. v. Board of Education of Manheim School District 83, 686 NE2d 650 (Ill.
App. 1st Dist. 1997).
Kraut v. Rachford, 366 N.E.2d 497 (1st Dist. 1977).
CROSS REF.: 6:15 School Accountability
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: December 8, 1997
REVISED: January 23, 2006
REVIEWED: May 15, 2006
REVIEWED: January 11, 2010
REVISED: February 22, 2010
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