Illinois Compiled Statutes
Information maintained by the Legislative
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
105 ILCS 5/18-3
(105 ILCS 5/18-3)
(from Ch. 122, par. 18-3)
Tuition of children from orphanages and children's homes.
When the children from any home for orphans, dependent, abandoned or
maladjusted children maintained by any organization or association
admitting to such home children from the State in general or when children
residing in a school district wherein the State of Illinois maintains and
operates any welfare or penal institution on property owned by
the State of Illinois, which contains houses, housing units or housing
accommodations within a school district, attend grades kindergarten through
12 of the public schools maintained by that school district, the
State Superintendent of Education shall direct the State Comptroller to
pay a specified amount sufficient to pay the annual tuition cost of such
children who attended such public schools during the regular school year
ending on June 30. The
Comptroller shall pay the amount after receipt of a voucher
submitted by the State Superintendent of Education.
The amount of the tuition for such children attending the public schools
of the district shall be determined by the State Superintendent of
Education by multiplying the number of such children in average daily
attendance in such schools by 1.2 times the total annual per capita cost of
administering the schools of the district. Such total annual per capita
cost shall be determined by totaling all expenses of the school district in
the educational, operations and maintenance, bond and interest,
transportation, Illinois municipal retirement, and rent funds for the
school year preceding the filing of such tuition claims less expenditures
not applicable to the regular K-12 program, less offsetting revenues from
State sources except those from the common school fund, less offsetting
revenues from federal sources except those from federal impaction aid, less
student and community service revenues, plus a depreciation allowance; and
dividing such total by the average daily attendance for the year.
Annually on or before June 15 the superintendent of the district shall certify to the State Superintendent of Education the following:
1. The name of the home and of the organization or
association maintaining it; or the legal description of the real estate upon which the house, housing units, or housing accommodations are located and that no taxes or service charges or other payments authorized by law to be made in lieu of taxes were collected therefrom or on account thereof during either of the calendar years included in the school year for which claim is being made;
2. The number of children from the home or living in
such houses, housing units or housing accommodations and attending the schools of the district;
3. The total number of children attending the schools
4. The per capita tuition charge of the district; and
5. The computed amount of the tuition payment claimed
Whenever the persons in charge of such home for orphans, dependent, abandoned
or maladjusted children have received from the parent or guardian of any such
child or by virtue of an order of court a specific allowance for educating
such child, such persons shall pay to the school board in the district
where the child attends school such amount of the allowance as is necessary
to pay the tuition required by such district for the education of the
child. If the allowance is insufficient to pay the tuition in full the
State Superintendent of Education shall direct the Comptroller to pay to
the district the difference between the total tuition charged and the
amount of the allowance.
Whenever the facilities of a school district in which such house,
housing units or housing accommodations are located, are limited, pupils
may be assigned by that district to the schools of any adjacent district to
the limit of the facilities of the adjacent district to properly educate
such pupils as shall be determined by the school board of the adjacent
district, and the State Superintendent of Education shall direct the
Comptroller to pay a specified amount sufficient to pay the annual tuition
of the children so assigned to and attending public schools in the adjacent
districts and the Comptroller shall draw his warrant upon the State
Treasurer for the payment of such amount for the benefit of the adjacent
school districts in the same manner as for districts in which the houses,
housing units or housing accommodations are located.
Summer session costs shall be reimbursed based on the actual expenditures for providing these services. On or before November 1 of each year, the superintendent of each eligible school district shall certify to the State Superintendent of Education the claim of the district for the summer session following the regular school year just ended. The State Superintendent of Education shall transmit to the Comptroller no later than December 15th of each year vouchers for payment of amounts due to school districts for summer session.
Claims for tuition for children from any home for orphans or dependent,
abandoned, or maladjusted children
shall be paid on a current year basis. On September 30, December 31, and
March 31, the State Board of Education shall voucher payments for districts
with those students based on an estimated cost calculated from the prior
year's claim. The school district shall certify to the State Superintendent of Education the report of claims due for such tuition payments on or before June 15. Claims received by June 15 may be amended until August 1. The State Superintendent of Education shall direct the State Comptroller to pay to the district, on or before August 31, the amount due for the district for the school year in accordance with the calculation of the claim as set forth in this Section. However, notwithstanding any other provisions of this Section or the
School Code, beginning with fiscal year 1994 and each fiscal year thereafter, if the amount appropriated for any fiscal year is
less than the amount required for purposes of this Section, the amount required
to eliminate any insufficient reimbursement for each district claim under this
Section shall be reimbursed on August 31 of the next fiscal year. Payments required to eliminate any insufficiency for prior fiscal
year claims shall be made before any claims are paid for the current fiscal
If a school district makes a claim for reimbursement under Section 14-7.03 it shall not include in any claim filed under this Section
children residing on the property of State institutions included in its
claim under Section 14-7.03.
Any child who is not a resident of Illinois who is placed in a child
welfare institution, private facility, State operated program, orphanage
or children's home shall have the payment for his educational tuition and
any related services assured by the placing agent.
In order to provide services appropriate to allow a student under the legal
guardianship or custodianship of the State to participate in local school
district educational programs, costs may be incurred in appropriate cases by
district that are in excess of 1.2 times the district per capita tuition charge
allowed under the provisions of this Section. In the event such excess costs
are incurred, they must be documented in accordance with cost rules established
under the authority of this Section and may then be claimed for reimbursement
under this Section.
Planned services for students eligible for this funding must be a
collaborative effort between the appropriate State agency or the student's
group home or institution and the local school district.
(Source: P.A. 101-17, eff. 6-14-19.)