The answer is very important.
Once the school district believes your child is not a legal resident, it will send a letter advising you of your right to request a hearing. The hearing will take place before a hearing officer. At that hearing, the family has the burden of proof to show that the student legitimately lives in the school district.
At the hearing, it is critical to put on as much credible evidence of the child’s residency as possible. There are certainly some very conscientious and unbiased hearing officers. But there are some who will not give any benefit of the doubt to the family. For example, one hearing officer held that the student had only moved in with her father for the sole purpose of going to school. As this was a clear misapplication of the law, the district basically conceded once the matter went to court.
Essentially, the district and possibly the hearing officer presume you are lying about your residency.
If you have put on a strong case at hearing and the hearing officer recommends against you, you have the option to appeal the decision to chancery court. Bear in mind, however, that the chancery judge will defer to the hearing officer on matters of credibility. This means if the hearing officer says he or she didn’t believe you, the judge will agree unless the hearing officer’s opinion was an abuse of discretion, i.e., that no reasonable person could have decided that way.
If you are faced with a residency challenge, contact an experienced school law attorney immediately. An experienced attorney may be able to settle your case short of hearing. If not, the attorney can help you gather and present your best possible evidence. Testimony from distingered third parties can be extremely helpful.
If you have questions about this or another related Illinois school matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
