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Public Act 094-0309


 

Public Act 0309 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0309
 
HB0156 Enrolled LRB094 04188 LJB 34212 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
10-20.12b as follows:
 
    (105 ILCS 5/10-20.12b)
    Sec. 10-20.12b. Residency; payment of tuition; hearing;
criminal penalty.
    (a) For purposes of this Section:
        (1) The residence of a person who has legal custody of
    a pupil is deemed to be the residence of the pupil.
        (2) "Legal custody" means one of the following:
            (i) Custody exercised by a natural or adoptive
        parent with whom the pupil resides.
            (ii) Custody granted by order of a court of
        competent jurisdiction to a person with whom the pupil
        resides for reasons other than to have access to the
        educational programs of the district.
            (iii) Custody exercised under a statutory
        short-term guardianship, provided that within 60 days
        of the pupil's enrollment a court order is entered that
        establishes a permanent guardianship and grants
        custody to a person with whom the pupil resides for
        reasons other than to have access to the educational
        programs of the district.
            (iv) Custody exercised by an adult caretaker
        relative who is receiving aid under the Illinois Public
        Aid Code for the pupil who resides with that adult
        caretaker relative for purposes other than to have
        access to the educational programs of the district.
            (v) Custody exercised by an adult who demonstrates
        that, in fact, he or she has assumed and exercises
        legal responsibility for the pupil and provides the
        pupil with a regular fixed night-time abode for
        purposes other than to have access to the educational
        programs of the district.
    (a-5) If a pupil's change of residence is due to the
military service obligation of a person who has legal custody
of the pupil, then, upon the written request of the person
having legal custody of the pupil, the residence of the pupil
is deemed for all purposes relating to enrollment (including
tuition, fees, and costs), for the duration of the custodian's
military service obligation, to be the same as the residence of
the pupil immediately before the change of residence caused by
the military service obligation. A school district is not
responsible for providing transportation to or from school for
a pupil whose residence is determined under this subsection
(a-5). School districts shall facilitate re-enrollment when
necessary to comply with this subsection (a-5).
    (b) Except as otherwise provided under Section 10-22.5a,
only resident pupils of a school district may attend the
schools of the district without payment of the tuition required
to be charged under Section 10-20.12a. However, children for
whom the Guardianship Administrator of the Department of
Children and Family Services has been appointed temporary
custodian or guardian of the person of a child shall not be
charged tuition as a nonresident pupil if the child was placed
by the Department of Children and Family Services with a foster
parent or placed in another type of child care facility and the
foster parent or child care facility is located in a school
district other than the child's former school district and it
is determined by the Department of Children and Family Services
to be in the child's best interest to maintain attendance at
his or her former school district.
    (c) The provisions of this subsection do not apply in
school districts having a population of 500,000 or more. If a
school board in a school district with a population of less
than 500,000 determines that a pupil who is attending school in
the district on a tuition free basis is a nonresident of the
district for whom tuition is required to be charged under
Section 10-20.12a, the board shall notify the person who
enrolled the pupil of the amount of the tuition charged under
Section 10-20.12a that is due to the district for the
nonresident pupil's attendance in the district's schools. The
notice shall be given by certified mail, return receipt
requested. Within 10 days after receipt of the notice, the
person who enrolled the pupil may request a hearing to review
the determination of the school board. The request shall be
sent by certified mail, return receipt requested, to the
district superintendent. Within 10 days after receipt of the
request, the board shall notify, by certified mail, return
receipt requested, the person requesting the hearing of the
time and place of the hearing, which shall be held not less
than 10 nor more than 20 days after the notice of hearing is
given. The board or a hearing officer designated by the board
shall conduct the hearing. The board and the person who
enrolled the pupil may be represented at the hearing by
representatives of their choice. At the hearing, the person who
enrolled the pupil shall have the burden of going forward with
the evidence concerning the pupil's residency. If the hearing
is conducted by a hearing officer, the hearing officer, within
5 days after the conclusion of the hearing, shall send a
written report of his or her findings by certified mail, return
receipt requested, to the school board and to the person who
enrolled the pupil. The person who enrolled the pupil may,
within 5 days after receiving the findings, file written
objections to the findings with the school board by sending the
objections by certified mail, return receipt requested,
addressed to the district superintendent. Whether the hearing
is conducted by the school board or a hearing officer, the
school board shall, within 15 days after the conclusion of the
hearing, decide whether or not the pupil is a resident of the
district and the amount of any tuition required to be charged
under Section 10-20.12a as a result of the pupil's attendance
in the schools of the district. The school board shall send a
copy of its decision to the person who enrolled the pupil, and
the decision of the school board shall be final.
    (c-5) The provisions of this subsection apply only in
school districts having a population of 500,000 or more. If the
board of education of a school district with a population of
500,000 or more determines that a pupil who is attending school
in the district on a tuition free basis is a nonresident of the
district for whom tuition is required to be charged under
Section 10-20.12a, the board shall notify the person who
enrolled the pupil of the amount of the tuition charged under
Section 10-20.12a that is due to the district for the
nonresident pupil's attendance in the district's schools. The
notice shall be given by certified mail, return receipt
requested. Within 10 days after receipt of the notice, the
person who enrolled the pupil may request a hearing to review
the determination of the school board. The request shall be
sent by certified mail, return receipt requested, to the
district superintendent. Within 30 days after receipt of the
request, the board shall notify, by certified mail, return
receipt requested, the person requesting the hearing of the
time and place of the hearing, which shall be held not less
than 10 nor more than 30 days after the notice of hearing is
given. The board or a hearing officer designated by the board
shall conduct the hearing. The board and the person who
enrolled the pupil may each be represented at the hearing by a
representative of their choice. At the hearing, the person who
enrolled the pupil shall have the burden of going forward with
the evidence concerning the pupil's residency. If the hearing
is conducted by a hearing officer, the hearing officer, within
20 days after the conclusion of the hearing, shall serve a
written report of his or her findings by personal service or by
certified mail, return receipt requested, to the school board
and to the person who enrolled the pupil. The person who
enrolled the pupil may, within 10 days after receiving the
findings, file written objections to the findings with the
board of education by sending the objections by certified mail,
return receipt requested, addressed to the general
superintendent of schools. If the hearing is conducted by the
board of education, the board shall, within 45 days after the
conclusion of the hearing, decide whether or not the pupil is a
resident of the district and the amount of any tuition required
to be charged under Section 10-20.12a as a result of the
pupil's attendance in the schools of the district. If the
hearing is conducted by a hearing officer, the board of
education shall, within 45 days after the receipt of the
hearing officer's findings, decide whether or not the pupil is
a resident of the district and the amount of any tuition
required to be charged under Section 10-20.12a as a result of
the pupil's attendance in the schools of the district. The
board of education shall send, by certified mail, return
receipt requested, a copy of its decision to the person who
enrolled the pupil, and the decision of the board shall be
final.
    (d) If a hearing is requested under subsection (c) or (c-5)
to review the determination of the school board or board of
education that a nonresident pupil is attending the schools of
the district without payment of the tuition required to be
charged under Section 10-20.12a, the pupil may, at the request
of a person who enrolled the pupil, continue attendance at the
schools of the district pending a final decision of the board
following the hearing. However, attendance of that pupil in the
schools of the district as authorized by this subsection (d)
shall not relieve any person who enrolled the pupil of the
obligation to pay the tuition charged for that attendance under
Section 10-20.12a if the final decision of the board is that
the pupil is a nonresident of the district. If a pupil is
determined to be a nonresident of the district for whom tuition
is required to be charged pursuant to this Section, the board
shall refuse to permit the pupil to continue attending the
schools of the district unless the required tuition is paid for
the pupil.
    (e) Except for a pupil referred to in subsection (b) of
Section 10-22.5a, a pupil referred to in Section 10-20.12a, or
a pupil referred to in subsection (b) of this Section, a person
who knowingly enrolls or attempts to enroll in the schools of a
school district on a tuition free basis a pupil known by that
person to be a nonresident of the district shall be guilty of a
Class C misdemeanor.
    (f) A person who knowingly or wilfully presents to any
school district any false information regarding the residency
of a pupil for the purpose of enabling that pupil to attend any
school in that district without the payment of a nonresident
tuition charge shall be guilty of a Class C misdemeanor.
    (g) The provisions of this Section are subject to the
provisions of the Education for Homeless Children Act. Nothing
in this Section shall be construed to apply to or require the
payment of tuition by a parent or guardian of a "homeless
child" (as that term is defined in Section 1-5 of the Education
for Homeless Children Act) in connection with or as a result of
the homeless child's continued education or enrollment in a
school that is chosen in accordance with any of the options
provided in Section 1-10 of that Act.
(Source: P.A. 89-480, eff. 1-1-97; 90-566, eff. 1-2-98.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/25/2005