The resident district is the school district in which the parent or guardian, or both parent and guardian, of the student reside when:
         (1) the parent has legal guardianship of the student
    
and resides within Illinois; or
        (2) an individual guardian has been appointed by the
    
courts and resides within Illinois; or
        (3) an Illinois public agency has legal guardianship
    
and the student resides either in the home of the parent or within the same district as the parent; or
        (4) an Illinois court orders a residential placement
    
but the parents retain any legal rights or guardianship and have not been subject to a termination of parental rights order.
    In cases of divorced or separated parents, when only one parent has legal guardianship or custody, the district in which the parent having legal guardianship or custody resides is the resident district. When both parents retain legal guardianship or custody, the resident district is the district in which either parent who provides the student’s primary regular fixed night-time abode resides; provided, that the election of resident district may be made only one time per school year.

Terms Used In Illinois Compiled Statutes 105 ILCS 5/14-1.11

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

     When the parent has legal guardianship and lives outside of the State of Illinois, or when the individual legal guardian other than the natural parent lives outside the State of Illinois, the parent, legal guardian, or other placing agent is responsible for making arrangements to pay the Illinois school district serving the child for the educational services provided. Those service costs shall be determined in accordance with Section 14-7.01.