HB5742 97TH GENERAL ASSEMBLY

LRB097 18928 NHT 65894 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5742

Introduced 2/16/2012, by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-22.5a

from Ch. 122, par. 10-22.5a

Amends the School Code. In a provision that authorizes a school board to enter into written agreements with adjacent school districts to provide for tuition-free attendance by a student of the adjacent district (when requested by the student or parent) if both districts determine that the student's health or safety will be served by such attendance, specifies that factors contributing to a student's health and safety shall include chronic bullying. Provides that the rejection of a request by either district may be appealed by the student or parent to the regional superintendent of schools, who may require that the districts enter into such an agreement. 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 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. For purposes of this Section, factors contributing to a student's health and safety shall also include chronic bullying, defined as acts that are specified in subsection (b) of Section 27-23.7 of this Code that have continued despite the intervention of district personnel. The rejection of a request by either district may be appealed by the student or parent to the appropriate regional superintendent of schools, who may require that the districts enter into such an agreement. 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.

(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 of this Code, provided that any cultural exchange organization or eleemosynary institutions wishing to participate in an agreement authorized under this Section must be approved in writing by the State Board of Education. The State Board of Education may establish reasonable rules to determine the eligibility of cultural exchange organizations or eleemosynary institutions wishing to participate in agreements authorized under this Section. 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. 93-740, eff. 7-15-04.)

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