Residency Determining the Residency Status of a Student in Community Consolidated School District 181

Transcription

1 Residency Determining the Residency Status f a Student in Cmmunity Cnslidated Schl District 181 Last update April 17, 2017

2 Table f Cntents Intrductin 2 Bard f Educatin Plicy 7:060 3 Resident Students 3 Admissin f Nn-Resident Students Pursuant t an Agreement r Order 3 Hmeless Children 4 Challenging a Student s Residence Status 4 Prperty Owners Remdeling, Building, r Purchasing a Hme in District Remdeling an Existing Hme in District Building a New Hme r Purchasing a Hme in District Hw t Determine Residency in District Step 1: Cnfirmatin f the Adult s Identity and Relatinship t the Child 7 Step 2: Cnfirmatin f the Age f the Child 7 Step 3: Cnfirmatin that the Child Resides in District Questining a Family s Residency in CCSD Step 1: Request t Check Residency f a Family/Student 10 Step 2: Data Cllectin 10 Step 3: Presentatin f Findings 10 Step 4 (a): End the Investigatin 10 Step 4 (b): Cntinue the Investigatin 11 1

3 Intrductin In Illinis, like many states, the means fr entry int a schl district is residency. It is imprtant t understand the residency requirements f Illinis law cntained in the Illinis Schl Cde, 105 ILCS 5/ b and 105 ILCS 5/ a, as well as the educatinal rights f hmeless children as embdied in The Educatin fr Hmeless Children Act, 105 ILCS 45/1-5 et seq., and the federal McKinney-Vent Act, 42 U.S.C et seq. Understanding residency rules and prcedures can help keep children in a stable schl setting and prevent schls frm excluding children r causing them t miss schl days. Sme imprtant principles f schl residency law are: Any Illinis child has the right t finish the schl year in the schl he r she lawfully started the year in, regardless f whether the child subsequently mves ut f the District. There is n requirement that an adult pssess a frmal curt rder f guardianship t enrll a child in schl. There is n requirement abut a set number f days, weeks, r mnths that a child must be living in a schl district t establish residency r permanent residency. There is n 24/7 requirement, i.e. a child wh lives at an address in a district need nt stay at that address every day r night r take all meals there in rder t be a valid resident. A schl district cannt require ne particular frm f prf frm an enrlling adult t shw residency. N child can validly enrll in schl if he r she lives within a district slely fr the purpse f accessing that District s schls. The District has specific prcedures with regard t families building a hme within the bundaries f District 181 and currently living utside the District, as utlined in the pages that fllw. 2

4 Bard f Educatin Plicy 7:060 Resident Students Only students wh are residents f the District may attend a District schl, except as therwise required by State law and defined within this plicy. A student s residence is the same as the persn wh has residential custdy f the student. A persn asserting legal custdy ver a student, wh is nt the child s natural r adptive parent, shall cmplete a signed statement, stating: (a) that he r she has assumed and exercises legal respnsibility fr the child, (b) that he r she prvides the pupil with a regular fixed nighttime abde, (c) the reasn the child lives with him r her, ther than t receive access t educatinal prgrams in the District, and (c) that he r she exercises full cntrl ver the child regarding daily educatinal and medical decisins in case f emergency. In additin, bth f the child s natural r adptive parent(s), if available, shall cmplete a signed statement and Pwer f Attrney attesting t the same and als stating: (a) the rle and respnsibility f the persn with whm their child is living, and (b) that the persn with whm the child is living has full cntrl ver the child regarding daily educatinal and medical decisins in case f emergency. A student whse family mves ut f the District during the schl year will be permitted t attend schl fr the remainder f the schl year withut payment f tuitin prvided the parent(s)/guardian(s) prvide transprtatin. If a family wh has established residency must temprarily vacate their residence due t cnstructin, renvatin, r repair and wuld like their children t cntinue t have access t educatinal prgrams in the District, they must prvide a signed, ntarized statement stating: (1) the reasn fr temprary relcatin; (2) prf that they cntinue t maintain wnership f their residence in the District that is under cnstructin, renvatin, r repair; and (3) the expected duratin f the cnstructin, renvatin r repair, which generally shuld nt exceed ne (1) year. They als must attach dcumentatin sufficient t shw the cnstructin, renvatin, r repair prject that is underway. If a student s change f residence is due t the military service bligatin f the student s legal custdian, then upn the written request f the persn having legal custdy f the student, the student s residence is deemed t be unchanged fr the duratin f the custdian s military service bligatin. The District, hwever, is nt respnsible fr the student s transprtatin t r frm schl. If, at the time f enrllment, a dependent child f military persnnel is hused in temprary husing lcated utside f the District, but will be living within the District within 60 days after the time f initial enrllment, the child is allwed t enrll, subject t the requirements f State law, and must nt be charged tuitin. Admissin f Nn-Resident Students Pursuant t an Agreement r Order Nn-resident students may attend District schls tuitin-free pursuant t: 1. A written agreement with an adjacent schl district t prvide fr tuitin-free attendance by a student f that district, prvided bth the Superintendent r designee and the adjacent district determine that the student s health and safety will be served by such attendance. 3

5 2. A written agreement with cultural exchange rganizatins and institutins supprted by charity t prvide fr tuitin-free attendance f freign exchange students and nnresident pupils f charitable institutins. 3. Accrding t an intergvernmental agreement. 4. Whenever any State r federal law r curt rder mandates the acceptance f a nnresident student. Hmeless Children Any hmeless child shall be immediately admitted, even if the child r child s parent/guardian is unable t prduce recrds nrmally required t establish residency. Bard f Educatin Plicy 6:140 Educatin f Hmeless Children and its implementing administrative prcedure gvern the enrllment f hmeless children. Challenging a Student s Residence Status If the Superintendent r designee determines that a nn-resident student is attending a District schl, he r she n behalf f the Bard shall ntify the persn wh enrlled the student f the tuitin amunt that is due and immediately begin prceedings t ban the student frm future attendance. The ntice shall be given by certified mail, return receipt requested. The persn wh enrlled the student may challenge this determinatin and request a hearing per Schl Cde, 105 ILCS 5/ b. 4

6 Prperty Owners Remdeling, Building, r Purchasing a Hme in District 181 Situatins arise in which families are currently nt living within the bundaries f District 181 and are building r remdeling a hme inside f the District s bundaries. In these cases, the District understands the imprtance f a child starting the schl year at a District 181 schl s as nt t interrupt the educatinal envirnment f the child. Therefre, the fllwing prcedures have been established t assist in the enrllment f children whse parents/legal guardians are building, remdeling, r purchasing a hme in District 181. Remdeling an Existing Hme in District 181 If a parent/guardian has established residency in District 181, currently wns a hme in District 181, and is remdeling the hme, the child may attend the schl where the remdeled hme is lcated. A parent/guardian is required t ntify the child s schl f the remdeling prject and is t prvide the fllwing infrmatin t the schl: Verificatin that the hme being remdeled is under cnstructin alng with an estimated cmpletin date and estimated mve-in date verified by the builder. Cmpletin date is defined as the date that the builder transfers ccupancy t the parents/legal guardians. Mve-in date is defined as the date the parents/legal guardians and child mve int the hme t live permanently. Verificatin must be in the frm f a letter frm the builder n cmpany statinary r an frm a cmpany address. The current residential address f the child if the child is nt living at the in-district address. Building a New Hme r Purchasing a Hme in District 181 If a parent/guardian has nt established residency in District 181 and is building a new hme r purchasing an existing hme in District 181, the child may attend the schl where the new hme is lcated under the cnditin that the hme has a cmpletin/clsing date prir t Octber 1st f the current schl year. Additinally, at the time f registratin, a parent/legal guardian will need t present: All required dcumentatin as stated n Page 6 f this bklet with regard t cnfirming the relatinship f the child and parents/legal guardians, alng with the identity and age f the child. Verificatin that the hme being built is under cnstructin alng with an estimated clsing date and estimated mve-in date verified by the builder. Clsing date is defined as the date that the builder transfers ccupancy t the parents/legal guardian. Mve-in date is defined as the date the parents/legal guardians and child mve int the hme t live permanently. Verificatin must be in the frm f a letter frm the builder n cmpany statinary r an frm a cmpany address. Verificatin that the hme being purchased is under cntract alng with an estimated clsing date and estimated mve-in date verified by the submissin f a real estate cntract. Clsing date is defined as the date that the builder transfers ccupancy t the parents/legal guardian. Mve-in date is defined as the date the parents/legal guardians and child mve int the hme t live permanently. A check in the amunt f $17, fr each child registered. Prir t Octber 1, if an Occupancy Permit is submitted t the District Office n the prperty that was built, and the parents/legal guardians and child have mved int the hme, the District will return the check. 5

7 On r after Octber 1, if an Occupancy Permit is submitted t the District Office n the prperty that was built, and the parents/legal guardians and child have mved int the hme, the Schl District will charge a prrated amunt based n the number f attendance days the child has attended schl during the current schl year. In the event the hme is nt cmpleted r purchased by the cnclusin f the current schl year, the parents/legal guardians will need t cmplete the prcedures again, including, but nt limited t, the submissin f anther check in the amunt f $17, fr each child registered plus any increase t be depsited as stated abve. 6

8 Hw t Determine Residency in District 181 Determining residency in District 181 is a three-step prcess: Step 1: Cnfirmatin f the adult s identity and relatinship t the child Step 2: Cnfirmatin f the age f the child Step 3: Cnfirmatin that the child resides in CCSD 181 Step 1: Cnfirmatin f the Adult s Identity and Relatinship t the Child a) Picture identificatin shwing the adult s name and phtgraph issued by a gvernmental agency/entity, where 1) the pht recgnizably depicts the individual registering the child and 2) the name f the adult n the identificatin matches the name f the individual registering the child. Prvide ne (1) f the fllwing: Current Illinis driver s license; r Current Passprt; r Current schl identificatin card; r Current Illinis Medicaid card; r Other riginal r certified dcument issued by the state r federal gvernment/entity, identifying the adult, by name, as the parent f the child being enrlled. This must be an fficial dcument frm a recgnized state r federal agency/entity. b) Dcuments accepted t identify the relatinship f the adult t the child Prvide ne (1) f the fllwing: Certified birth certificate f the child being enrlled that identifies the names f the parents. This must be a certified birth certificate; phtcpies cannt be accepted. Hspital / baptismal certificates are nt acceptable. A certified birth certificate is issued thrugh the Cunty Clerk s Office / municipality in the state where the child was brn. It must have an riginal stamp embssment, seal, etc., and parent infrmatin; r Fr a fster child, the Placement / Payment Authrizatin Frm IL frm the Illinis Department f Children and Family Services; r Other riginal r certified fficial dcument issued by the state r federal gvernment / entity identifying the adult by name as the parent f the child being enrlled. Step 2: Cnfirmatin f the Age f the Child Please nte that a child must be five (5) years ld n r befre September 1 f the current year t enrll in kindergarten in District 181. The fllwing dcuments will be accepted t cnfirm the age f the child. Prvide ne (1) f the fllwing: The child s certified birth certificate (see Step 1b abve); r The child s passprt shwing the child s birth date; r The child s Green Card fr U.S. Permanent Residency; r The child s Health Identificatin Card frm the Illinis Department f Children and Family Services 7

9 Step 3: Cnfirmatin that the Child Resides in District 181 District 181 recgnizes and will register/enrll students frm tw types f residence: Typical: Residents wh wn r lease their prperty and can prvide the apprpriate dcumentatin t cnfirm that they wn r are leasing their prperty. Third Party: Residents wh reside with smene else within the bundaries f District 181 and wh d nt have a lease, mrtgage r deed in their wn name. Additinal dcuments are necessary t cnfirm the residence f Third Party Residents. Cnfirmatin f Residence fr a Typical Resident The fllwing dcuments will be accepted t cnfirm that the child resides within the District. Three (3) prfs f residence are required, each shwing the name f the parent/guardian and the in-district address at which the parent/guardian is living with the child, as fllws: Clumn A: One (1) Required Clumn B: Tw (2) Required All items must have in-district address and all addresses n all dcuments must match. Current lease Mrtgage statement shwing the name f the prperty wner and the address f the real estate subject t the mrtgage Current tax assessment PLUS deed (cnsidered ne item) Current tax bill Hme clsing dcuments dated within six mnths frm the current date All items must have in-district address and all addresses n all dcuments must match. Illinis driver s license (nt an Illinis State ID) Utility bill f current mnth (gas, electric, r water) State f Illinis vehicle registratin Hmewner s insurance plicy Renter s insurance plicy shwing name f the renter and in-district address f the rental prperty Medicaid medical card Vter registratin card Vehicle sticker receipt Public Aid Card Telephne Bill (landline nly) r cable bill Cnfirmatin f Residence fr a Third Party Resident This is a tw-part prcess: (Part 1) Prf f Residence f the Prperty Owner/Leasehlder and (Part 2) Prf f Residence f the Third Party Resident Part 1: Prf f Residence f the Prperty Owner/Leasehlder Three (3) prfs f residence are required, each shwing the name f the Prperty Owner r Leasehlder and the in-district address at which s/he is residing, as fllws: 8

10 Clumn A: One (1) Required Clumn B: Tw (2) Required All items must have in-district address and all addresses n all dcuments must match. Current lease with a cpy f the canceled check shwing payment f the lease Mrtgage statement shwing the name f the prperty wner and the address f the real estate subject t the mrtgage Current tax assessment PLUS deed (cnsidered ne item) Current tax bill Hme clsing dcuments dated within six mnths frm the current date All items must have in-district address and all addresses n all dcuments must match. Illinis driver s license (nt an Illinis State ID) Utility bill f current mnth (gas, electric, r water) State f Illinis vehicle registratin Hmewner s insurance plicy Renter s insurance plicy shwing name f the renter and in-district address f the rental prperty Medicaid medical card Vter registratin card Vehicle sticker receipt Public Aid Card Telephne bill (landline nly) r cable bill Part 2: Prf f Residence f the Third Party Resident Three (3) prfs f residence are required, each shwing the name f the resident and the address f the prperty as listed in the Prf f Residence f the Prperty Owner / Leasehlder (Step 1) abve. Clumn A: One (1) Item Required Clumn B: Any Tw (2) Items All items must have in-district address and all addresses n all dcuments must match. Illinis driver s license (Nt an Illinis State ID) State f Illinis vehicle registratin Renter s insurance plicy Illinis DCFS Vucher Payrll Stub / Unemplyment statement Receipt frm mving van rental, dated within 30 days f current date All items must have in-district address and all addresses n all dcuments must match. Utility bill f current mnth (gas, electric, r water) Medicaid medical card Vter s registratin card Bank accunt statement U.S. Pstal Change f Address Letter Library card 9

11 Questining a Family s Residency in CCSD 181 On sme ccasins, a questin arises as t the legitimacy f the residency status f a parent, guardian, family, and/r student. T this questin, the District Office will supply the apprpriate supprt in determining whether families and/r individuals are residents f the District. In rder t make a fair and prper judgment n the residency status f a family and/r student, the fllwing prcedures are in place: Step 1: Request t Check Residency f a Family/Student If an individual has adequate evidence that a family/student is a nn-resident f the District, they will need t cntact the Department f Business and Operatins at Step 2: Data Cllectin Once the Department f Business and Operatins receives ntificatin that a family/student may nt be a resident f District 181, the prcess f gathering data and infrmatin begins with the fllwing items: a) Registratin dcuments frm building secretary b) Demgraphic reprt and cntact infrmatin frm Infinite Campus database c) Transprtatin infrmatin: Bus number and bus stp lcatin Statement frm the bus driver cncerning any waiting vehicle r suspicins leading them t believe the student is nt a resident d) Data frm cmputer searches: Intellius Zabasearch Cunty Assessr: Real Estate Tax Bill Cunty Clerk: Divrce prceedings Water bill fr address(es) (via FOIA frm city municipality) Step 3: Presentatin f Findings Upn cmpletin f gathering data, an examinatin f the data fr clear evidence f the family/student either being a resident r a nn-resident will take place. In either case, the evidence will be presented t the Assistant Superintendent f Business and Operatins/CSBO and a decisin will be made that will have either f the fllwing tw cnclusins: End the investigatin as there is clear evidence that the family/student is a resident, r Prceed with the gathering f mre data as there is evidence that the family/student may be a nn-resident. Step 4 (a): End the Investigatin An investigatin will end if there is substantial evidence that the family/student is a resident f District 181. When this ccurs, the fllwing prcedures will take place: a) A Summary Reprt will be created and presented t the Assistant Superintendent f Business and Operatins/CSBO. The Summary Reprt will include the evidence that supprts the decisin f the family/student being classified as a resident. b) If the Assistant Superintendent agrees with the cnclusins in the Summary Reprt, he/she will ntify the individual wh requested the residency check f the decisin. c) All dcumentatin will be electrnically filed; all hard cpies will be shredded. 10

12 d) The District will reserve the right t repen the case at a future date if evidence is presented t warrant repening the case. Step 4 (b): Cntinue the Investigatin If there is substantial evidence that warrants cntinuatin f the investigatin, the fllwing prcedures will take place: a) The Assistant Superintendent f Business and Operatins/CSBO will decide that mre data and infrmatin needs t be gathered in rder t make a determinatin n the residency status f a family/student. b) In rder t gather additinal infrmatin and data, a field bservatin will be rdered thrugh an investigatins firm. c) The firm will be cntacted and a meeting will be set up t infrm them f the family/student and t establish parameters fr cnducting the field bservatin. d) Pertinent data will be transferred t the firm fr them t begin the bservatin f the family/student. e) It is the respnsibility f the firm t keep dcumentatin, take pictures/vides, and update lgs f bservatins and the results f searches. f) The firm will submit a written reprt f their findings and supprting dcumentatin t the Department f Business and Operatins. Additinally, the firm may be questined cncerning their findings and bservatin cnclusins. g) The Assistant Superintendent will determine whether the evidence is sufficient fr the family/student t be classified as a resident r nn-resident. If the family/student is classified as a resident, the investigatin is cncluded, and the individual requesting the residency check will be ntified f the decisin that has been rendered. All dcumentatin n the residency case will be electrnically filed, and all hard cpies will be shredded. The District will reserve the right t repen the case at a future date if evidence is presented t warrant repening the case. If the Assistant Superintendent determines that the case warrants a decisin that the family/student is a nn-resident, the evidence will be presented t the Bard f Educatin fr a determinatin f a hearing accrding t 105 ILCS 5/ b. If a child has enrlled in the District and it is determined that the student is a nn-resident, they must be affrded due prcess befre they may be charged tuitin r barred frm attendance. T charge tuitin, the Bard must: i. Ntify the persn wh enrlled the student by certified mail f the amunt f the tuitin. ii. Within ten (10) days f receipt f the ntice by the persn wh enrlled the student, that persn may request a hearing befre the Bard t review the determinatin. iii. Within ten (10) days after receipt f the request, the Bard must ntify by certified mail the persn requesting the hearing f the time and place f the hearing that must be held nt less than ten (10) nr mre than twenty (20) days after the ntice is given. iv. The Bard r hearing fficer designated by the Bard must cnduct the hearing. v. The Bard and the persn requesting the hearing may be represented by representatives f their chice. vi. The persn wh enrlled the student has the burden f ging frward with the evidence. vii. If a hearing fficer cnducts the hearing within five (5) days f the cnclusin f the hearing, he/she shall send a written reprt f his/her findings t the Bard and the persn wh requested the hearing. 11

13 viii. The persn wh enrlled the student may, within five (5) days after receiving the findings, file written bjectins t the findings with the Bard by sending the bjectins by certified mail addressed t the superintendent. ix. The Bard shall, within fifteen (15) days after the cnclusin f the hearing decide whether the pupil is a resident f the District and the amunt f any tuitin required t be charged as a result f the student s attendance. x. The Bard must send a cpy f its decisin t the persn wh enrlled the child. Its decisin is final. xi. If a hearing is requested, the student may cntinue attending the schl enrlled pending a final decisin f the Bard. Hwever, this attendance des nt relieve the bligatin t pay the tuitin charged fr attendance. xii. If the Bard determines that the student is a nn-resident, the Bard must refuse t permit the student t cntinue attending the schl unless the required tuitin is paid. xiii. After the Bard has rendered a decisin, the individual requesting the residency check will be ntified f the Bard s decisin. xiv. All dcumentatin n the residency case will be electrnically filed, and all hard cpies will be shredded. xv. The District will reserve the right t repen the case at a future date if evidence is presented t warrant repening the case. 12