Full Text of SB1621 94th General Assembly
SB1621 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1621
Introduced 2/23/2005, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Changes the residency requirements for pupils of a school district. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB1621 |
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LRB094 11151 NHT 41787 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 10-20.12b as follows:
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| (105 ILCS 5/10-20.12b)
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| Sec. 10-20.12b. Resident district
Residency ; payment of | 8 |
| tuition; hearing; criminal penalty.
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| (a) The resident district is the school district in which | 10 |
| the parent or guardian, or both parent and guardian, of the | 11 |
| student resides when: | 12 |
| (1) the parent has legal guardianship of the student | 13 |
| and resides within Illinois; | 14 |
| (2) an individual guardian has been appointed by the | 15 |
| courts and resides within Illinois; | 16 |
| (3) an Illinois public agency has legal guardianship | 17 |
| and the student resides either in the home of the parent or | 18 |
| within the same district as the parent; or | 19 |
| (4) an Illinois court orders a residential placement | 20 |
| but the parents retain legal guardianship.
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| In cases of divorced or separated parents, when only one | 22 |
| parent has legal
guardianship or custody, the district in which | 23 |
| the parent having legal
guardianship or custody resides
is the | 24 |
| resident district. When both parents retain legal guardianship | 25 |
| or
custody, the resident district is the district in which | 26 |
| either parent who
provides the student's primary regular fixed | 27 |
| night-time abode resides, provided that the election of | 28 |
| resident district may be made only one time per
school year.
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| (a-5) The resident district is the school district in which | 30 |
| the student resides when: | 31 |
| (1) the parent has legal guardianship but the location | 32 |
| of the parent is unknown; |
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| (2) an individual guardian has been appointed but the | 2 |
| location of the guardian is unknown; | 3 |
| (3) the student is 18 years of age or older and no | 4 |
| legal guardian has been appointed; | 5 |
| (4) the student is legally an emancipated minor; or | 6 |
| (5) an Illinois public agency has legal guardianship | 7 |
| and has placed the student residentially outside of the | 8 |
| school district in which the parent lives. | 9 |
| The resident district of a homeless student is the school | 10 |
| district in
which the student enrolls. Homeless students
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| include individuals as defined in the federal McKinney-Vento | 12 |
| Homeless Assistance
Act.
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| (a) For purposes of this Section:
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| (1) The residence of a person who has legal custody of | 15 |
| a pupil is
deemed to be the residence of the pupil.
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| (2) "Legal custody" means one of the following:
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| (i) Custody exercised by a natural or adoptive | 18 |
| parent with whom the
pupil resides.
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| (ii) Custody granted by order of a court of | 20 |
| competent jurisdiction to a
person with whom the pupil | 21 |
| resides for reasons other than to have access to the
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| educational programs of the district.
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| (iii) Custody exercised under a statutory | 24 |
| short-term guardianship,
provided that within 60 days | 25 |
| of the pupil's enrollment a court order is entered
that | 26 |
| establishes a permanent guardianship and grants | 27 |
| custody to a person with
whom the pupil resides for | 28 |
| reasons other than to have access to the educational
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| programs of the district.
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| (iv) Custody exercised by an adult caretaker | 31 |
| relative who is receiving
aid under the Illinois Public | 32 |
| Aid Code for the pupil who resides with that
adult | 33 |
| caretaker relative for purposes other than to have | 34 |
| access to the
educational programs of the district.
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| (v) Custody exercised by an adult who demonstrates | 36 |
| that, in fact, he or
she has assumed and exercises |
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| legal responsibility for the pupil and provides
the | 2 |
| pupil with a regular fixed night-time abode for | 3 |
| purposes other than to have
access to the educational | 4 |
| programs of the district.
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| (b) Except as otherwise provided under Section 10-22.5a, | 6 |
| only resident
pupils of a school district may attend the | 7 |
| schools of the district without
payment of the tuition required | 8 |
| to be charged under Section 10-20.12a.
However, children for | 9 |
| whom the Guardianship Administrator of the Department of
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| Children and Family Services has been appointed temporary | 11 |
| custodian or guardian
of the person of a child shall not be | 12 |
| charged tuition as a nonresident pupil if
the child was placed | 13 |
| by the Department of Children and Family Services with a
foster | 14 |
| parent or placed in another type of child care facility and the | 15 |
| foster
parent or child care facility is located in a school | 16 |
| district other than
the child's former school district and it | 17 |
| is determined by the Department of
Children and Family Services | 18 |
| to be in the child's
best interest to maintain attendance at | 19 |
| his or her former school district.
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| (c) The provisions of this subsection do not apply in | 21 |
| school districts
having a population of 500,000 or more.
If a | 22 |
| school board in a school district with a population of less | 23 |
| than
500,000 determines that a pupil who is attending school in
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| the district on a tuition free basis is a nonresident of the | 25 |
| district for whom
tuition is required to be charged under | 26 |
| Section 10-20.12a, the board shall
notify the person who | 27 |
| enrolled the pupil of the amount of the tuition
charged under | 28 |
| Section 10-20.12a that is due to the district for the | 29 |
| nonresident
pupil's attendance in the district's schools. The | 30 |
| notice shall be given by
certified mail, return receipt | 31 |
| requested. Within 10 days after receipt of the
notice, the | 32 |
| person who enrolled the pupil may request a hearing to
review | 33 |
| the determination of the school board. The request shall be | 34 |
| sent by
certified mail, return receipt requested, to the | 35 |
| district superintendent.
Within 10 days after receipt of the | 36 |
| request, the board shall notify, by
certified mail, return |
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| receipt requested, the person requesting the hearing of
the | 2 |
| time and place of the hearing, which shall be held not less | 3 |
| than 10 nor
more than 20 days after the
notice of hearing is | 4 |
| given. The board or a hearing officer designated by the
board | 5 |
| shall conduct the hearing. The board and the person who | 6 |
| enrolled
the pupil may be represented at the hearing by | 7 |
| representatives of their
choice. At the hearing, the person who | 8 |
| enrolled the pupil shall have the
burden of going forward with | 9 |
| the evidence concerning the pupil's residency. If
the hearing | 10 |
| is conducted by a hearing officer, the hearing officer,
within | 11 |
| 5 days after the conclusion of the hearing, shall send a | 12 |
| written report
of his or her findings by certified mail, return | 13 |
| receipt requested, to the
school board and to the person who | 14 |
| enrolled the pupil.
The person who enrolled the pupil may, | 15 |
| within 5 days
after receiving the findings, file written | 16 |
| objections to the findings with the
school board by sending the | 17 |
| objections by certified mail, return receipt
requested, | 18 |
| addressed to the district superintendent.
Whether the hearing | 19 |
| is conducted by the school board or a hearing officer, the
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| school board shall, within 15 days after the conclusion of the | 21 |
| hearing, decide
whether or not the pupil is a resident of the | 22 |
| district and the amount of any
tuition required to be charged | 23 |
| under Section 10-20.12a as a result of the
pupil's attendance | 24 |
| in the schools of the district. The school board shall send
a | 25 |
| copy of its decision to the person who enrolled the
pupil, and | 26 |
| the decision of the school board shall be final.
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| (c-5) The provisions of this subsection apply only in | 28 |
| school districts
having a population of 500,000 or more. If the | 29 |
| board of education of a school
district with a population of | 30 |
| 500,000 or more determines that a pupil who is
attending school | 31 |
| in the district on a tuition free basis is a nonresident of
the | 32 |
| district for whom tuition is required to be charged under | 33 |
| Section
10-20.12a, the board shall notify the person who | 34 |
| enrolled the pupil of the
amount of the tuition charged under | 35 |
| Section 10-20.12a that is due to the
district for the | 36 |
| nonresident pupil's attendance in the district's schools. The
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LRB094 11151 NHT 41787 b |
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| notice shall be given by certified mail, return receipt | 2 |
| requested. Within 10
days after receipt of the notice, the | 3 |
| person who enrolled the pupil may request
a hearing to review | 4 |
| the determination of the school board. The request shall
be | 5 |
| sent by certified mail, return receipt requested, to the | 6 |
| district
superintendent. Within 30 days after receipt of the
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| request, the board shall notify, by certified mail, return | 8 |
| receipt requested,
the person requesting the hearing of the | 9 |
| time and place of the hearing, which
shall be held not less | 10 |
| than 10 nor more than 30 days after the notice of
hearing is | 11 |
| given. The board or a hearing officer designated by the board | 12 |
| shall
conduct the hearing. The board and the person who | 13 |
| enrolled the pupil may each
be represented at the hearing by a | 14 |
| representative of their choice. At the
hearing, the person who | 15 |
| enrolled the pupil shall have the burden of going
forward with | 16 |
| the evidence concerning the pupil's residency. If the hearing | 17 |
| is
conducted by a hearing officer, the hearing officer, within | 18 |
| 20 days after the
conclusion of the hearing, shall serve a | 19 |
| written report of his or her findings
by personal service or by | 20 |
| certified mail, return receipt requested, to the
school board | 21 |
| and to the person who enrolled the pupil. The person who | 22 |
| enrolled
the pupil may, within 10 days after receiving the | 23 |
| findings, file written
objections to the findings with the | 24 |
| board of education by sending the
objections by certified mail, | 25 |
| return receipt requested, addressed to the
general | 26 |
| superintendent of schools. If the hearing is conducted by the | 27 |
| board of
education, the board shall, within 45 days after the
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| conclusion of the hearing, decide whether or not the pupil is a | 29 |
| resident of the
district and the amount of any tuition required | 30 |
| to be charged under Section
10-20.12a as a result of the | 31 |
| pupil's attendance in the schools of the district.
If the | 32 |
| hearing is conducted by a hearing officer, the board of | 33 |
| education
shall, within 45 days after the receipt of the | 34 |
| hearing officer's findings,
decide whether or not the pupil is | 35 |
| a resident of the district and the amount of
any tuition | 36 |
| required to be charged under Section 10-20.12a as a result of |
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LRB094 11151 NHT 41787 b |
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| the
pupil's attendance in the schools of the district. The | 2 |
| board of education
shall send, by certified mail, return | 3 |
| receipt requested, a copy of its decision
to the person who | 4 |
| enrolled the pupil, and the decision of the board shall be
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| final.
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| (d) If a hearing is requested under subsection (c) or (c-5) | 7 |
| to review
the determination of the school board or board of | 8 |
| education that a nonresident pupil is attending the schools of | 9 |
| the
district without payment of the tuition required to be | 10 |
| charged under Section
10-20.12a, the pupil may, at the request | 11 |
| of a person who enrolled
the pupil, continue attendance at the | 12 |
| schools of the district pending a final
decision of the board | 13 |
| following the hearing. However, attendance of
that pupil in the | 14 |
| schools of the district as authorized by this subsection (d)
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| shall not relieve any person who enrolled the pupil of the | 16 |
| obligation to pay
the tuition
charged for that attendance under | 17 |
| Section 10-20.12a if the final decision of
the board is that | 18 |
| the pupil is a nonresident of the district.
If a pupil is | 19 |
| determined to be a nonresident of the district for whom tuition
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| is required to be charged pursuant to this Section, the board | 21 |
| shall
refuse to permit the pupil to continue attending the | 22 |
| schools of the district
unless the required tuition is paid for | 23 |
| the pupil.
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| (e) Except for a pupil referred to in subsection (b) of | 25 |
| Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or | 26 |
| a pupil referred to in subsection
(b) of this Section, a person | 27 |
| who knowingly enrolls or
attempts to enroll in the schools of a | 28 |
| school district on a tuition free basis
a pupil known by that | 29 |
| person to be a nonresident of the district shall be
guilty of a | 30 |
| Class C misdemeanor.
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| (f) A person who knowingly or wilfully presents to any | 32 |
| school district any
false information regarding the residency | 33 |
| of a pupil for the purpose of
enabling that pupil to attend any | 34 |
| school in that district without the payment
of a nonresident | 35 |
| tuition charge shall be guilty of a Class C misdemeanor.
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| (g) The provisions of this Section are subject to the |
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LRB094 11151 NHT 41787 b |
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| provisions of the
Education for Homeless Children Act. Nothing | 2 |
| in this Section shall be
construed to apply to or require the | 3 |
| payment of tuition by a parent or guardian
of a "homeless | 4 |
| child" (as that term is defined in Section 1-5 of the Education
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| for Homeless Children Act) in connection with or as a result of | 6 |
| the homeless
child's continued education or enrollment in a | 7 |
| school that is chosen in
accordance with any of the options | 8 |
| provided in Section 1-10 of that Act.
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| (Source: P.A. 89-480, eff. 1-1-97; 90-566, eff. 1-2-98.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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