Antioch Community High School v. The Board of Education

              No. 2--06--0430 Filed: 5-4-07
_________________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
_________________________________________________________________________________
ANTIOCH COMMUNITY HIGH SCHOOL ) Appeal from the Circuit Court
DISTRICT 17, ) of Lake County.
)
Plaintiff-Appellant, ))
v. ) No. 05--AR--2045
)
THE BOARD OF EDUCATION, )
PROVISO TOWNSHIP HIGH SCHOOL )
DISTRICT 209, ) Honorable
) Wallace B. Dunn,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE BYRNE delivered the opinion of the court:
Plaintiff, Antioch Community High School District 17 (Antioch), filed a three-count
complaint seeking reimbursement from defendant, the Board of Education, Proviso Township High
School District 209 (Proviso), for the educational component of residential services provided to
Carlos J., a minor. For three months, Carlos was a resident at the Gateway Youth Care Foundation
(Gateway), which is a private residential alcohol and drug treatment facility within Antioch's
attendance borders. During Carlos's stay, his mother resided in Maywood, which is within Proviso's
attendance borders.
Antioch alleges that section 10--20.12a of the School Code (Code) (105 ILCS 5/10--20.12a
(West 2004)) obligated Proviso to pay for Carlos's educational services because his mother had
retained custody of him and resided within Proviso's boundaries. Proviso responds that Carlos was