RESIDENCY & ENROLLMENT, IMMIGRANT PUPILS,
HOMELESS PUPILS AND SCHOOL FEES & WAIVERS
Residence in the school district is sufficient to entitle school-age immigrant children to attend school on a tuition-free
basis. Note that alternate provisions apply for students attending school in Illinois as a foreign exchange student. A
foreign exchange student is a student enrolled in a school district via a written agreement between a school district
and a cultural exchange organization. The written agreements may provide for tuition free attendance at the local
district school by foreign exchange students. See 105 ILCS 5/10-22.5a.
Once an immigrant student of proper age and residency seeks admission to school in the district, the student has an
immediate legal right to attend school on a tuition-free basis. The only factor in determining whether to charge tuition
should be whether or not the child is a resident in that school district under 105 ILCS 5/10-20.12b (a) o
f the School
Code. The residence of the parents or other proper enrolling custodian is considered to be the residence of the minor
child. Residency may be established with information documenting that the child’s parent or other proper enrolling
custodian is actually living within the district - for example, a lease, addressed mail, utility bill (gas, electric, water,
home telephone, cable television, etc.), residential property tax statement, mortgage account or proof of home
ownership, major credit card bill, canceled checks with imprinted name and address, vehicle title or registration card,
installment loan contract from bank or other financial institution, residential service contract (e.g., appliance repair,
exterminator, window installation, etc.), paycheck or pay stub, insurance policy (life, home, auto or health), checking
or savings account statement, third-person affidavit of residency (landlord or homeowner), etc.
Districts cannot mandate adult caretakers or relatives with whom a child lives to establish legal guardianship as a
condition for gaining access to the district’s schools.
It is not uncommon among immigrant families to find children who do not live in the same household as their
parents. To safeguard immigrant students’ right to a free public education districts must not conclude that children
who live within the district - but apart from their parents - must be charged tuition as if they were nonresidents. A
student who is living with someone other than his or her parent has a right to tuition-free education through the local
district, provided that the child is not in the district for the sole purpose of attending school in the district. Students
under these circumstances may often be homeless under applicable law
and may, therefore, be entitled to additional
assistance. Furthermore, districts cannot mandate adult caretakers or relatives with whom a child lives to establish
legal guardianship as a condition for gaining access to the district’s schools. Districts may require reasonable
assurance from the responsible adult caretaker that they accept responsibility for the child and that while exercising
control, care and support over the child, they will provide him or her with a regular fixed nighttime abode. This may
be done through a letter or affidavit. ISBE, on the Public School Recognition website, has an Affidavit of Enrollment
and Residency [ISBE Form 85-51] (English or Spanish)
that may be used for this purpose.
School districts are prohibited from requiring Social Security numbers, which are not required to determine eligibility
for any education benefits (including pre-K services) or other benefits, such as free or reduced lunch. Schools are
required to provide undocumented immigrant students all the same benefits and services made available to other
students. Therefore, when determining eligibility for services and benefits, including free or reduced lunch and
school fee waivers, districts should not reject applications that do not include a parent’s Social Security number.
Parents without Social Security numbers need only indicate on the application that they do not have a number. When
applicable, districts must make it clear that any and all information provided is used solely to obtain federal funds.
LEA have no legal right or obligation to enforce immigration laws. Upon enrolling immigrant students, district
personnel should never contact (or threaten to contact) the U.S. Department of Homeland Security. Reporting
students’ immigration status to immigration authorities can be a violation of the Family Educational Rights and
Privacy Act and the Illinois School Student Records Act. Conversely, the U.S. Department of Homeland Security has
no legal authority to determine or infringe on district residency policies.
Funds may be available for districts with a large influx of immigrant students. Districts heavily affected by an
increase of immigrant students may qualify for Immigrant Education Program funds through ISBE. Districts may
also be eligible for funding through the State Transitional Bilingual Education Program for limited English speakers
or the federal Title III program. Contact (312) 814-3850 to inquire about the availability of funds under these
programs or visit https://www.isbe.net/Pages/English-Learners.aspx
.