Full Text of SB2389 98th General Assembly
SB2389 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2389 Introduced 2/15/2013, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED: | | |
Amends the School Code. Makes a technical change in a Section concerning
pupil residency and the payment of tuition.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 10-20.12b as follows:
| 6 | | (105 ILCS 5/10-20.12b)
| 7 | | Sec. 10-20.12b. Residency; payment of tuition; hearing; | 8 | | criminal penalty.
| 9 | | (a) For purposes of this Section:
| 10 | | (1) The
The residence of a person who has legal custody | 11 | | of a pupil is
deemed to be the residence of the pupil.
| 12 | | (2) "Legal custody" means one of the following:
| 13 | | (i) Custody exercised by a natural or adoptive | 14 | | parent with whom the
pupil resides.
| 15 | | (ii) Custody granted by order of a court of | 16 | | competent jurisdiction to a
person with whom the pupil | 17 | | resides for reasons other than to have access to the
| 18 | | educational programs of the district.
| 19 | | (iii) Custody exercised under a statutory | 20 | | short-term guardianship,
provided that within 60 days | 21 | | of the pupil's enrollment a court order is entered
that | 22 | | establishes a permanent guardianship and grants | 23 | | custody to a person with
whom the pupil resides for |
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| 1 | | reasons other than to have access to the educational
| 2 | | programs of the district.
| 3 | | (iv) Custody exercised by an adult caretaker | 4 | | relative who is receiving
aid under the Illinois Public | 5 | | Aid Code for the pupil who resides with that
adult | 6 | | caretaker relative for purposes other than to have | 7 | | access to the
educational programs of the district.
| 8 | | (v) Custody exercised by an adult who demonstrates | 9 | | that, in fact, he or
she has assumed and exercises | 10 | | legal responsibility for the pupil and provides
the | 11 | | pupil with a regular fixed night-time abode for | 12 | | purposes other than to have
access to the educational | 13 | | programs of the district.
| 14 | | (a-5) If a pupil's change of residence is due to the | 15 | | military service obligation of a person who has legal custody | 16 | | of the pupil, then, upon the written request of the person | 17 | | having legal custody of the pupil, the residence of the pupil | 18 | | is deemed for all purposes relating to enrollment (including | 19 | | tuition, fees, and costs), for the duration of the custodian's | 20 | | military service obligation, to be the same as the residence of | 21 | | the pupil immediately before the change of residence caused by | 22 | | the military service obligation. A school district is not | 23 | | responsible for providing transportation to or from school for | 24 | | a pupil whose residence is determined under this subsection | 25 | | (a-5). School districts shall facilitate re-enrollment when | 26 | | necessary to comply with this subsection (a-5).
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| 1 | | (b) Except as otherwise provided under Section 10-22.5a, | 2 | | only resident
pupils of a school district may attend the | 3 | | schools of the district without
payment of the tuition required | 4 | | to be charged under Section 10-20.12a.
However, children for | 5 | | whom the Guardianship Administrator of the Department of
| 6 | | Children and Family Services has been appointed temporary | 7 | | custodian or guardian
of the person of a child shall not be | 8 | | charged tuition as a nonresident pupil if
the child was placed | 9 | | by the Department of Children and Family Services with a
foster | 10 | | parent or placed in another type of child care facility and the | 11 | | foster
parent or child care facility is located in a school | 12 | | district other than
the child's former school district and it | 13 | | is determined by the Department of
Children and Family Services | 14 | | to be in the child's
best interest to maintain attendance at | 15 | | his or her former school district.
| 16 | | (c) The provisions of this subsection do not apply in | 17 | | school districts
having a population of 500,000 or more.
If a | 18 | | school board in a school district with a population of less | 19 | | than
500,000 determines that a pupil who is attending school in
| 20 | | the district on a tuition free basis is a nonresident of the | 21 | | district for whom
tuition is required to be charged under | 22 | | Section 10-20.12a, the board shall
notify the person who | 23 | | enrolled the pupil of the amount of the tuition
charged under | 24 | | Section 10-20.12a that is due to the district for the | 25 | | nonresident
pupil's attendance in the district's schools. The | 26 | | notice shall be given by
certified mail, return receipt |
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| 1 | | requested. Within 10 days after receipt of the
notice, the | 2 | | person who enrolled the pupil may request a hearing to
review | 3 | | the determination of the school board. The request shall be | 4 | | sent by
certified mail, return receipt requested, to the | 5 | | district superintendent.
Within 10 days after receipt of the | 6 | | request, the board shall notify, by
certified mail, return | 7 | | receipt requested, the person requesting the hearing of
the | 8 | | time and place of the hearing, which shall be held not less | 9 | | than 10 nor
more than 20 days after the
notice of hearing is | 10 | | given. The board or a hearing officer designated by the
board | 11 | | shall conduct the hearing. The board and the person who | 12 | | enrolled
the pupil may be represented at the hearing by | 13 | | representatives of their
choice. At the hearing, the person who | 14 | | enrolled the pupil shall have the
burden of going forward with | 15 | | the evidence concerning the pupil's residency. If
the hearing | 16 | | is conducted by a hearing officer, the hearing officer,
within | 17 | | 5 days after the conclusion of the hearing, shall send a | 18 | | written report
of his or her findings by certified mail, return | 19 | | receipt requested, to the
school board and to the person who | 20 | | enrolled the pupil.
The person who enrolled the pupil may, | 21 | | within 5 days
after receiving the findings, file written | 22 | | objections to the findings with the
school board by sending the | 23 | | objections by certified mail, return receipt
requested, | 24 | | addressed to the district superintendent.
Whether the hearing | 25 | | is conducted by the school board or a hearing officer, the
| 26 | | school board shall, within 15 days after the conclusion of the |
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| 1 | | hearing, decide
whether or not the pupil is a resident of the | 2 | | district and the amount of any
tuition required to be charged | 3 | | under Section 10-20.12a as a result of the
pupil's attendance | 4 | | in the schools of the district. The school board shall send
a | 5 | | copy of its decision to the person who enrolled the
pupil, and | 6 | | the decision of the school board shall be final.
| 7 | | (c-5) The provisions of this subsection apply only in | 8 | | school districts
having a population of 500,000 or more. If the | 9 | | board of education of a school
district with a population of | 10 | | 500,000 or more determines that a pupil who is
attending school | 11 | | in the district on a tuition free basis is a nonresident of
the | 12 | | district for whom tuition is required to be charged under | 13 | | Section
10-20.12a, the board shall notify the person who | 14 | | enrolled the pupil of the
amount of the tuition charged under | 15 | | Section 10-20.12a that is due to the
district for the | 16 | | nonresident pupil's attendance in the district's schools. The
| 17 | | notice shall be given by certified mail, return receipt | 18 | | requested. Within 10
days after receipt of the notice, the | 19 | | person who enrolled the pupil may request
a hearing to review | 20 | | the determination of the school board. The request shall
be | 21 | | sent by certified mail, return receipt requested, to the | 22 | | district
superintendent. Within 30 days after receipt of the
| 23 | | request, the board shall notify, by certified mail, return | 24 | | receipt requested,
the person requesting the hearing of the | 25 | | time and place of the hearing, which
shall be held not less | 26 | | than 10 nor more than 30 days after the notice of
hearing is |
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| 1 | | given. The board or a hearing officer designated by the board | 2 | | shall
conduct the hearing. The board and the person who | 3 | | enrolled the pupil may each
be represented at the hearing by a | 4 | | representative of their choice. At the
hearing, the person who | 5 | | enrolled the pupil shall have the burden of going
forward with | 6 | | the evidence concerning the pupil's residency. If the hearing | 7 | | is
conducted by a hearing officer, the hearing officer, within | 8 | | 20 days after the
conclusion of the hearing, shall serve a | 9 | | written report of his or her findings
by personal service or by | 10 | | certified mail, return receipt requested, to the
school board | 11 | | and to the person who enrolled the pupil. The person who | 12 | | enrolled
the pupil may, within 10 days after receiving the | 13 | | findings, file written
objections to the findings with the | 14 | | board of education by sending the
objections by certified mail, | 15 | | return receipt requested, addressed to the
general | 16 | | superintendent of schools. If the hearing is conducted by the | 17 | | board of
education, the board shall, within 45 days after the
| 18 | | conclusion of the hearing, decide whether or not the pupil is a | 19 | | resident of the
district and the amount of any tuition required | 20 | | to be charged under Section
10-20.12a as a result of the | 21 | | pupil's attendance in the schools of the district.
If the | 22 | | hearing is conducted by a hearing officer, the board of | 23 | | education
shall, within 45 days after the receipt of the | 24 | | hearing officer's findings,
decide whether or not the pupil is | 25 | | a resident of the district and the amount of
any tuition | 26 | | required to be charged under Section 10-20.12a as a result of |
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| 1 | | 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
| 5 | | final.
| 6 | | (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)
| 15 | | 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
| 20 | | 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.
| 24 | | (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 |
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| 1 | | who knowingly enrolls or
attempts to enroll in the schools of a | 2 | | school district on a tuition free basis
a pupil known by that | 3 | | person to be a nonresident of the district shall be
guilty of a | 4 | | Class C misdemeanor.
| 5 | | (f) A person who knowingly or wilfully presents to any | 6 | | school district any
false information regarding the residency | 7 | | of a pupil for the purpose of
enabling that pupil to attend any | 8 | | school in that district without the payment
of a nonresident | 9 | | tuition charge shall be guilty of a Class C misdemeanor.
| 10 | | (g) The provisions of this Section are subject to the | 11 | | provisions of the
Education for Homeless Children Act. Nothing | 12 | | in this Section shall be
construed to apply to or require the | 13 | | payment of tuition by a parent or guardian
of a "homeless | 14 | | child" (as that term is defined in Section 1-5 of the Education
| 15 | | for Homeless Children Act) in connection with or as a result of | 16 | | the homeless
child's continued education or enrollment in a | 17 | | school that is chosen in
accordance with any of the options | 18 | | provided in Section 1-10 of that Act.
| 19 | | (Source: P.A. 94-309, eff. 7-25-05.)
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