School & Education

The district’s board must first decide that a child is not a resident. The child's residence is the residence of the person who has legal custody of the child. For children in foster care, the resident school is where the child lives, whether placed in a foster home, relative caregiver's home, or a residential facility. 

If the district's board decides a child is a non-resident, the district must send a certified letter to the person who enrolled the child stating that the district believes the child is a non-resident.

The person who enrolled the child, usually the parent, has the right to ask for a hearing When the parties in a case present their sides of a case to a judge or other officer and request that the school keep the child enrolled until the matter is decided.

The request for a hearing and to keep the child enrolled should be made in writing by certified mail A document delivery service such as the US Postal Service that sends a party a receipt as proof that the documents were mailed and delivered within 10 days after receipt of the school’s notice.

A residency hearing should then be quickly scheduled.

The school enrollment hearing When the parties in a case present their sides of a case to a judge or other officer is held before a hearing officer. The person enrolling the child must show evidence Anything used to show that something is true that the child is a resident. Statements from the parent or caretaker will not usually be enough. 

The following are some tips for the residency hearing:

• The person who enrolled the student needs to show that the address is located in the school district and is the intended "home base" for the day-to-day living and care of the child. The residence cannot be solely for the purpose of allowing the child to attend school for free.
• Before the hearing, ask for a written statement from the school describing the specific reason why it thinks the child is not a resident.
• Before the hearing, request the student’s complete record from the district, including investigatory material. 
• Bring witnesses who can show that the school’s reasons are wrong and who actually know where the parent or caretaker and the child live. People who have seen the child living in the home are good witnesses. For example, neighbors who have seen the child and parent or caretaker at the address often, parents of the child’s friends who have been at the home, babysitters, or even a landlord An owner of property who rents it out to a tenant .
• If a witness A person who answers questions in court under oath can’t come to the hearing bring a written statement from them (an affidavit A notarized written statement signed by a person under oath is best) describing when, where, and how they know the child lives at the address.
• Bring utility bills, driver’s license, other forms of IDs, a lease, voters registration, car registration, a picture of the mailbox with your name, etc.
• If you are not a relative, you must show that you care for the child. Bring witnesses who can state that you care for the child.  Also bring any papers that show you pay medical bills or school fees, or have purchased clothing, toys, etc. for the child.

After the residency hearing When the parties in a case present their sides of a case to a judge or other officer , the hearing officer will issue a report of the findings. You may file objections within 5 days after receiving these findings to the District’s Board of Education. When the findings and their objections are filed, the board will make a final decision. Any decision can be appealed to the regional superintendent of schools. The regional superintendent of schools decision may be appealed to the Illinois Circuit Court The lowest level of court in Illinois . 

The school often has a lawyer Someone who represents clients in courts or who gives legal advice at a residency hearing. The person enrolling the child has a right to bring a lawyer, to present evidence Anything used to show that something is true , and to call witnesses. The school won’t provide you with a lawyer. If you cannot afford a lawyer, you may be able to get free legal help. 

There are different rules for children who are experiencing homelessness. Schools cannot force such students into residency hearings. Instead they must stop the residency hearing and follow the process for dispute resolution. In the dispute process, the school must refer you to free or low-cost legal assistance. Learn more about the educational rights of student experiencing homelessness.