In a decision significant for high school districts throughout Illinois, the Appellate Court of Illinois, Second District, has determined how one district is to be reimbursed for expenses incurred to provide services for non-resident students specially placed in that district.
The Court determined that if a non-resident student is placed in another district to receive special educational services by a court under the Juvenile Court Act (705 ILCS 405/1), the district providing the special educational services cannot recover the costs of those services from the student's district of residence. The district providing the services can recover those costs from the district of residence only if the placement is made under the School Code (105 ILCS 5/10--20.12a), or if the student's parents or guardians are not known or the student's place of residence cannot be determined. The Court therefore determined that the plaintiff could not recover from the defendant costs that it incurred for services provided to a student who resided in another district, but was placed in that school district by the juvenile court.
