2023 Illinois Compiled Statutes › Chapter 110 - HIGHER EDUCATION › 110 ILCS 805/ - Public Community College Act. › Article VI - Tuition; Annexation And Disconnection Of Territory; Taxation

(110 ILCS 805/Art. VI heading)
ARTICLE VI.  
		TUITION; ANNEXATION
AND DISCONNECTION OF TERRITORY;
TAXATION
(110 ILCS 805/6-1) (from Ch. 122, par. 106-1)
Sec. 6-1. 
		(Repealed).
(Source: P.A. 86-469. Repealed by P.A. 100-884, eff. 1-1-19.)
(110 ILCS 805/6-1.5)
Sec. 6-1.5. Attending community college outside of resident district.
(a) The purpose of this Section is to expand educational services to the greatest number of students in each community college district and maximize the utilization of the finances, facilities, equipment, and personnel of each district to provide educational services that might otherwise be impracticable for a district individually. This Section is not intended to limit the ability of any community college district to establish new units of instruction, research, or public service under Section 3-25.1 of this Act.
(b) In this Section:
"Receiving college" means the community college     district receiving a student from another community college district.
"Sending college" means the community college     district sending a student to another community college district.
(c) Pursuant to this Section, if a resident of a community college district wants to attend the community college maintained by the district of his or her residence, but the student wants to enroll in a program that is not offered by that community college and the community college does not have a contractual agreement under Section 3-40 of this Act for such a program, then the student, subject to Section 3-17, may attend any recognized public community college in any other district and shall pay tuition and fees at the in-district rate of the receiving college. If the student is seeking State or federal financial assistance, then the student shall apply for assistance at the receiving college.
(d) The State Board shall maintain a program directory on the State Board's website to assist community colleges in determining which programs are offered at each community college. At a minimum, this directory shall provide a comparison of program titles and classification of instructional program codes. Delivery methods and minor program differences, such as the length of a semester, online versus in-person instruction, competency-based instruction, and program credit hours, and minor course requirement differences do not constitute a difference in a program for purposes of attending another community college under this Section. Programmatic differences shall be based upon classification of instructional program codes, the occupational outlook for completers, or other substantial programmatic differences. Determinations regarding programmatic differences shall be first determined by the sending college. The State Board shall establish a process for resolving disputes between community college districts regarding programmatic differences.
(e) Students who want to enroll at a receiving college shall make an application to their sending college in accordance with rules and procedures established and published by their sending college. Community colleges shall make every attempt to review such requests in a timely manner so as to not impede the students' educational progress. Students shall secure from their sending college a letter designating them as participants in an approved program. A copy of such letter shall be sent to the receiving college. A student may not enroll under the provisions of this Section in a program of a receiving college at the in-district tuition rate if the student's educational objectives can be met at the sending college.
(f) Upon written approval from the sending college, a student shall register at the receiving college and shall be a member of the receiving college's district for the term of the student's enrollment. A student may choose to complete any required general education coursework and may take approved courses at the sending college or at the receiving college. Upon successful completion, courses taken at either the sending college or the receiving college shall be acceptable for transfer to the sending college or receiving college for completion of any program. The receiving college shall maintain admission records and transcripts and issue any degrees or certificates to the student upon completing the educational program. The receiving college shall provide copies of such records to the sending college at the student's request or as part of any program verification for the sending college.
(g) The receiving college shall provide access to its learning resources center and other instructional resources for students from the sending college, equal to those provided for any other student at the receiving college. The receiving college shall also provide counseling and guidance and other services that facilitate the learning process.
(h) The receiving college shall be considered the student's district for athletic eligibility, for any activity in which the student officially represents a community college, for the military, and for scholarships offered by the Illinois Student Assistance Commission. Other athletic eligibility requirements shall be determined by the rules of the receiving college's athletic conference. Students from any sending college are eligible at the receiving college for any other extracurricular activities, scholarships, or other recognition of excellence in the program for which they are attending at the receiving college.
(i) Except for equalization grants, the receiving college is eligible to file claims for State grants under Section 2-16.02 of this Act for any student from the sending college enrolled in courses offered at the receiving college. The receiving college shall provide the sending college with the semester credit hours taken by each student from the sending college for purposes of equalization grants. If the student enrolls in courses offered at the sending college, the sending college shall claim semester credit hours provided to the student in attendance at the sending college.
(Source: P.A. 103-159, eff. 1-1-24.)
(110 ILCS 805/6-2) (from Ch. 122, par. 106-2)
Sec. 6-2. 
Any graduate of a recognized high school or student otherwise
qualified to attend a public community college and residing outside a
community college district but within this State may, subject to Section 3-17, attend any recognized public
community college in the State at the tuition rate of a student residing in the district. Subject to appropriation, the State Board shall pay the difference between the in-district and out-of-district tuition amounts to the community college district for any
semester or term of that academic year.
If he or
she becomes a resident of a community college district, he or she shall be
classified as a resident of that district at the beginning of any semester or term following that change of residence and the State Board shall no longer pay the difference in tuition rates.
Per capita cost shall be computed by adding all of the non-capital expenditures for the previous year, including interest, to the depreciation on the capital outlay expenditures paid from sources other than State and federal funds, less any payments toward non-capital expenditures received from State and federal sources for the previous year (except for grants through the State Board under Section 2-16.02 of this Act), and dividing that amount by the number of full-time equivalent students for that fiscal year as defined under this Section.
A full-time equivalent student for a semester or term is
defined as a student doing 15 semester hours of work per semester or the equivalent thereof, and the
number of full-time equivalent students enrolled per term shall be
determined by dividing by 15 the total number of semester hours for which State Board grants are received, or the
equivalent thereof, carried by all students of the college through the
mid-term of each semester or term. The number of full-time
equivalent students for a fiscal year shall be computed by adding the total
number of semester hours of work or the equivalent thereof
carried by all students of the college through the mid-term of each
semester or term during that fiscal year and dividing that sum by
30 semester hours. Tuition of students
carrying more or less than 15 semester hours of work per semester or the equivalent thereof shall be
computed in the proportion which the number of hours so carried bears to 15
semester hours or the equivalent thereof.
If the United States Government, the State of Illinois, or any agency
pays tuition for any community college student, neither the district of
residence of the student nor the student may be required to pay that
tuition or such part thereof as is otherwise paid. No part of the
State's financial responsibility provided for in Section 2-16
may be transferred to a student's district of residence under this Section.
(Source: P.A. 103-159, eff. 1-1-24.)
(110 ILCS 805/6-4) (from Ch. 122, par. 106-4)
Sec. 6-4. Variable rates and fees. Any community college district, by
resolution of the board, may establish variable tuition rates and fees for
students attending its college in an amount not to exceed 1/3 of the per capita
cost as defined in Section 6-2, provided that voluntary contributions, as
defined in Section 65 of the Higher Education Student Assistance Act, shall not
be included in any calculation
of community college tuition and fee rates for the purpose of this Section. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the board shall deem that person an in-district resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the board shall deem that person an in-district resident for tuition purposes. Beginning with the 2019-2020 academic year through the 2021-2022 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the board shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable. Beginning with the 2022-2023 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active duty or is an individual entitled to assistance as described in 38 U.S.C. 3679(c), then the board shall deem that person an in-district resident for tuition purposes for any academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19; 102-800, eff. 5-13-22.)
(110 ILCS 805/6-4a)
Sec. 6-4a. In-state tuition charge.
(a) Notwithstanding any other provision of law to the contrary, for
tuition purposes, a board shall deem an individual an Illinois resident,
until the individual establishes a residence outside of this State, if all of
the following conditions are met:
(1) The individual resided with his or her parent or     guardian while attending a public or private high school in this State.
(2) The individual graduated from a public or private     high school or received the equivalent of a high school diploma in this State.
(3) The individual attended school in this State for     at least 3 years as of the date the individual graduated from high school or received the equivalent of a high school diploma.
(4) The individual registers as an entering student     in the community college not earlier than the 2003 fall semester.
(5) In the case of an individual who is not a citizen     or a permanent resident of the United States, the individual provides the community college with an affidavit stating that the individual will file an application to become a permanent resident of the United States at the earliest opportunity the individual is eligible to do so.
(b) This Section applies only to tuition for a term or semester that
begins on or after the effective date of this amendatory Act of the 93rd
General Assembly.
(c) Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the board shall deem that person an Illinois resident for tuition purposes.
(d) Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the board shall deem that person an Illinois resident for tuition purposes.
(e) Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person  is on active military duty or is receiving veterans' education benefits, then the board shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19.)
(110 ILCS 805/6-4.1) (from Ch. 122, par. 106-4.1)
Sec. 6-4.1. 
If a resident of Illinois qualifies for admission to a public
community college under Section 3-17 but does not qualify for financial
support under Section 6-1.5 or 6-2, that person may be enrolled in the college upon payment
of the difference between the per capita cost as defined in Section 6-2
less any payments toward noncapital expenditures received from State and
federal sources for the previous year except grants through the State Board
as authorized in Section 2-16 or 2-16.02, as the case may be, converted
to a semester hour
base, and the combined rate of State grants other than equalization grants
for the current year as authorized in Section 2-16.02,
notwithstanding tuition
limits of Section 6-4. Subject to Section 3-17, a public community college
may accept out-of-state students upon payment of the per capita cost as
defined in Section 6-2. Notwithstanding the provisions of this Section, the
out-of-district or out-of-state tuition, whichever is applicable, may be
waived for a student who is employed for at least 35 hours per week by
an entity located
in the district or is enrolled in a course that is being provided
under terms of a contract for services between the employing entity and the college.
(Source: P.A. 103-159, eff. 1-1-24.)
(110 ILCS 805/6-4.2)
Sec. 6-4.2. In-district tuition charge. Notwithstanding any other provision of law or administrative rule to the contrary, for tuition purposes, a student shall be classified as a resident of a community college district after establishing the 30-day residency requirement of the district.
(Source: P.A. 100-884, eff. 1-1-19.)
(110 ILCS 805/6-5.3) (from Ch. 122, par. 106-5.3)
Sec. 6-5.3. 
		
		Any part of the territory included in one community college district
which is on the border of that district and the disconnection of which
will not destroy the contiguity of that district may be disconnected
from that district and annexed to another community college district to
which that territory is contiguous if (1) that disconnection and
annexation will make community college educational opportunities more
readily available to the residents of that territory and (2) the
disconnection from the community college district of which the territory
is presently a part will not reduce the population and equalized
assessed valuation of the remainder of that district below that required
for original organization.
Subject to those conditions, a petition signed by 2/3 of the resident
voters of the territory may be filed with the appropriate regional superintendent
of the community
college district of which the territory is a part. The petition must
contain a description of the territory to be disconnected and annexed
and must petition for the disconnection thereof from one designated
community college district and for the annexation thereof to another
designated community college district. Upon the filing of such a
petition the regional superintendent shall submit the petition to the
State Board for review.
Subject to those conditions, a petition signed by 1/5 or 500,
whichever is less, of the resident voters of the territory may be filed
with the appropriate regional superintendent who conducted the election for the
establishment of the community college district of which the territory
is a part. The petition must contain a description of the territory to
be disconnected and annexed and request that an election be called in
the territory described therein for the purpose of voting on the
proposition whether that territory shall be disconnected from one
designated community college district and annexed to another designated
community college district. Upon the filing of such a petition, the
regional superintendent shall submit the petition to the State Board for
review.
Upon the receipt from a regional superintendent of a petition filed
with him under this Section and signed by 2/3 of the resident voters of
the territory described in the petition, the State Board shall notify
the board of the community college district affected by the petition of
the receipt of the petition and shall cause to be published in one or more
newspapers having a general circulation in the territory described in the
petition a notice stating that a petition has been filed for
certain described territory, stating the prayer of that petition and
that any persons wishing to object to the prayer of that petition must
file a petition signed by 10% or 25, whichever is less, of the resident
voters of that territory requesting a public hearing on such petition
with the State Board within 30 days of the publication of the notice. In
the event that there are no resident voters in the territory described
in the petition filed with the regional superintendent, then any
petition requesting a public hearing shall be signed by the owners of
25% or more of the area of that territory. If a petition requesting a
public hearing on the petition filed with the regional superintendent is
so filed, the State Board shall set that petition for hearing not sooner
than 10 nor more than 60 days from the date on which the petition for a
public hearing was filed and shall cause notice of the date, time and place
of the hearing to be published in one or more newspapers having a general
circulation in the territory described in the petition and the community
college district. On such day, or on a day to which the State Board continues
that hearing, the State Board or a hearing officer appointed by it shall
hear the petition and determine its sufficiency under this Article and may
adjourn the hearing from time to time or continue the matter for want of
sufficient notice or for other good cause. The State Board or a hearing
officer appointed by it shall hear any additional evidence as to the school
needs and conditions of the territory described in the petition and in the
area within and adjacent thereto. If a hearing officer is appointed he shall
report a summary of the testimony
to the State Board. At the hearing, any resident of the territory described
in the petition or any community district affected thereby may appear in
support of the petition or to object thereto. If on the basis of its own
study or at a public hearing the State Board
finds the petition to be insufficient it shall disapprove the petition.
If on the basis of its own study or at a public hearing the State Board
finds the petition to be sufficient it shall determine whether the prayer
of the petition is in the best interests of the schools in the general area
and the educational welfare of the students within the territory described
in the petition and shall either approve or
disapprove the petition. If the prayer of the petition is determined to
be in the best interests of the schools in the general area and the educational
welfare of the students within the territory described in the petition,
the State Board shall approve the petition.  If the State
Board disapproves the petition no further action shall be taken. If it
approves the petition the State Board shall direct the appropriate
regional superintendent to enter an order effecting the prayer of the
petition.
Within 30 days after receipt of the direction from the State Board
the regional superintendent shall make and file with the State Board and
the county clerk of the county or counties concerned a map showing the
amended boundaries of the community college district.
Upon the receipt from a regional superintendent of a petition filed
with him under this Section and signed by 1/5 or 500, whichever is
applicable, of the resident voters of the territory described in that
petition, the State Board shall notify the board of the community college
district affected by the petition of the receipt of the petition and shall
set the petition for hearing not sooner than 10 nor more than 60 days from
the date it was submitted by the regional superintendent and shall cause
notice of the filing of the petition and of the date, time and place of
the hearing to be published in one or more newspapers having a general circulation
in the territory described in that petition and in the community college
district. On such day, or on a day to which the State Board continues the
hearing, the State Board or a hearing officer appointed by it shall hear
the petition and determine its sufficiency under
this Article and may adjourn the hearing from time to time or continue the
matter for want of sufficient notice or for other good cause. The State
Board or a hearing officer appointed by it shall hear any additional evidence
as to the school needs and conditions of the territory described in the
petition and in the area within and adjacent thereto, and if a hearing officer
is appointed he shall report a summary of the testimony to the State Board.
At the hearing, any resident of the territory described in the petition
or any district affected thereby may appear in support of the petition or
to object thereto. If the State Board finds the petition to be insufficient
it shall disapprove the petition. If the State Board finds the petition
to be sufficient it shall determine whether the prayer of the petition is
in the best interests of the schools in the general area and the educational
welfare of the students within the territory and shall
either approve or disapprove the petition. If the prayer of the petition
is determined to be in the best interests of the schools in the general
area and the educational welfare of the students within the territory described
in the petition, the State Board shall approve the petition.
If the State Board disapproves the petition no further action shall be
taken. If it approves the petition, the State Board shall direct the
appropriate regional superintendent to certify the proposition to the
proper election authorities, who shall submit to the electorate, at a
regular scheduled election
in accordance with the general election law, the proposition
presented by the petition in
the territory described in the petition.
The election shall be conducted in accordance with the general election
law. If a majority of the votes cast on the
proposition are in favor of
the proposition, the territory shall be changed accordingly. If the
proposition relates to 2 community college districts, immediately
following such favorable referendum, the regional superintendent
who certified the proposition for submission shall certify the results
of the election, along
with a copy of the ballot, the petition and the approval of the petition
by the State Board, to the appropriate regional superintendent
for the other community college district.
Within 30 days after the referendum the regional superintendent or
superintendent of schools shall make and file with the State Board and
the county clerk of the county or counties concerned a map or maps
showing the amended boundaries of the community college district or
districts.
(Source: P.A. 81-1489.)
(110 ILCS 805/6-5.3a) (from Ch. 122, par. 106-5.3a)
Sec. 6-5.3a. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(110 ILCS 805/6-5.5) (from Ch. 122, par. 106-5.5)
Sec. 6-5.5. 
		
		Any annexation, disconnection and annexation, or disconnection
accomplished under this Article takes effect on July 1st following the
entry of the order by the regional superintendent or the court, or following the
election, as the case may be. Any territory which is disconnected from a
community college district, except territory that initiates proceedings to
disconnect from its initial district and annex to another community college
district within 30 days after the order for annexation to the first
district, remains subject to taxation to pay its proportionate share of the
bonded indebtedness of that community college district outstanding on the
date the disconnection takes effect but no other part of the district to
which that territory is annexed is subject to taxation on that bonded
indebtedness of the district from which that territory was disconnected.
That territory which initiates proceedings for disconnection from its
initial district and annexation to another community college district
within 30 days of the order for its annexation to its initial district
shall not be considered a part of a community college district until the
disconnection and annexation to another community college district has been
allowed or denied by the State Board.
(Source: P.A. 83-132.)
(110 ILCS 805/6-5.9) (from Ch. 122, par. 106-5.9)
Sec. 6-5.9. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(110 ILCS 805/6-6.1) (from Ch. 122, par. 106-6.1)
Sec. 6-6.1. 
		(Repealed).
(Source: P.A. 85-1335. Repealed by P.A. 100-884, eff. 1-1-19.)
(110 ILCS 805/6-7) (from Ch. 122, par. 106-7)
Sec. 6-7. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(110 ILCS 805/6-7.1) (from Ch. 122, par. 106-7.1)
Sec. 6-7.1. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(110 ILCS 805/6-7.2) (from Ch. 122, par. 106-7.2)
Sec. 6-7.2. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(110 ILCS 805/6-7.3) (from Ch. 122, par. 106-7.3)
Sec. 6-7.3. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(110 ILCS 805/6-7.4) (from Ch. 122, par. 106-7.4)
Sec. 6-7.4. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(110 ILCS 805/6-7.5) (from Ch. 122, par. 106-7.5)
Sec. 6-7.5. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(110 ILCS 805/6-10) (from Ch. 122, par. 106-10)
Sec. 6-10. 
		
		
		Sections 6-5.3, 6-5.5 and 6-6.1 do not apply to community college
districts to which Article VII applies.
(Source: P.A. 78-669.)
(110 ILCS 805/6-12) (from Ch. 122, par. 106-12)
Sec. 6-12. 
		
		The tax rates and the tax rate limitation in this Act shall not
be subject to the provisions of the Revenue Act of 1939 or its successor
provisions included in the Property Tax Code.
(Source: P.A. 88-670, eff. 12-2-94.)