Full Text of HB3190 99th General Assembly
HB3190 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3190 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED: |
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Amends a Section of School Code concerning pupil residency. Provides that, for school districts having a population of less than 500,000, if a person attempts to enroll a pupil in a school district and the school board finds that the pupil is a non-resident of that district, the board must provide certain information to the person attempting to enroll the pupil, including referrals to free or reduced-cost legal help. Provides that, at a hearing to decide the issue of residency, the board has the burden of going forward with the evidence concerning the pupil's residency. Provides that if the school board determines the pupil is a non-resident, the person attempting to enroll the pupil may petition the regional superintendent of schools to review the decision. Establishes the procedure and timeframe for the petition. Provides that, for school districts having a population of 500,000 or more, if the board of education finds that a pupil enrolled in the school district is a nonresident of that district and that decision is under appeal, the pupil may, at the request of the person who enrolled the pupil, enroll and attend school without payment of tuition pending a final decision of the board of education. Provides that if the board of education finds that the pupil is a non-resident of the district after the hearing, the board shall refuse to permit the pupil to continue attending the schools of the district unless the required tuition is paid. Provides that references to days in the Section refer to calendar days. Makes other changes.
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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 residence of a person who has legal custody of | 11 | | 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 or a pupil attempting to | 21 | | enroll in the district is a nonresident of the district for | 22 | | whom
tuition is required to be charged under Section 10-20.12a, | 23 | | the board shall
notify the person who enrolled or is attempting | 24 | | to enroll the pupil of the amount of the tuition
charged or to | 25 | | be charged under Section 10-20.12a that is due or will be due | 26 | | to the district for a the nonresident
pupil's attendance in the |
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| 1 | | district's schools. The notice shall detail the specific | 2 | | reasons why the board believes that the pupil or prospective | 3 | | pupil is a nonresident of the district and shall be given by
| 4 | | certified mail, return receipt requested. Within 10 calendar | 5 | | days after receipt of the
notice, the person who enrolled the | 6 | | pupil may request a hearing to
review the determination of the | 7 | | school board. The request shall be sent by
certified mail, | 8 | | return receipt requested, to the district superintendent.
| 9 | | Within 10 calendar days after receipt of the request, the board | 10 | | shall notify, by
certified mail, return receipt requested, the | 11 | | person requesting the hearing of
the time and place of the | 12 | | hearing, which shall be held not less than 10 nor
more than 20 | 13 | | calendar days after the
notice of hearing is given and must | 14 | | also include referrals to free or reduced-cost legal help. This | 15 | | notice must also include every form, log, and set of notes, as | 16 | | well as a list of witnesses and any other document or evidence | 17 | | that will be used by the board during the hearing to present | 18 | | its case . The board or a hearing officer designated by the
| 19 | | board shall conduct the hearing. The board and the person who | 20 | | enrolled
the pupil may be represented at the hearing by | 21 | | representatives of their
choice. At the hearing, the board | 22 | | person who enrolled the pupil shall have the
burden of going | 23 | | forward with the evidence concerning the pupil's residency. If
| 24 | | the hearing is conducted by a hearing officer, the hearing | 25 | | officer,
within 5 calendar days after the conclusion of the | 26 | | hearing, shall send a written report
of his or her findings by |
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| 1 | | certified mail, return receipt requested, to the
school board | 2 | | and to the person who enrolled the pupil.
The person who | 3 | | enrolled the pupil may, within 5 calendar days
after receiving | 4 | | the findings, file written objections to the findings with the
| 5 | | school board by sending the objections by certified mail, | 6 | | return receipt
requested, addressed to the district | 7 | | superintendent.
Whether the hearing is conducted by the school | 8 | | board or a hearing officer, the
school board shall, within 30 | 9 | | calendar 15 days after the conclusion of the hearing, decide
| 10 | | whether or not the pupil is a resident of the district and the | 11 | | amount of any
tuition required to be charged under Section | 12 | | 10-20.12a as a result of the
pupil's attendance in the schools | 13 | | of the district. The school board shall send
a copy of its | 14 | | decision within 5 calendar days of its decision to the person | 15 | | who enrolled the
pupil by certified mail, return receipt | 16 | | requested. This decision must inform the person who enrolled | 17 | | the pupil that he or she may, within 10 calendar days after | 18 | | receipt of the decision of the board, petition the regional | 19 | | superintendent of schools to review the decision. The decision | 20 | | must also include notification that, at the request of the | 21 | | person who enrolled the pupil, the pupil may continue or begin | 22 | | attendance at the schools of the district pending the regional | 23 | | superintendent of schools' final decision , and the decision of | 24 | | the school board shall be final .
| 25 | | Within 10 calendar days after receipt of the decision of | 26 | | the board pursuant to this subsection (c) of this Section, the |
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| 1 | | person who enrolled the pupil may petition the regional | 2 | | superintendent of schools who exercises supervision and | 3 | | control of the board to review the board's decision. The | 4 | | request for review must be in writing and must include the | 5 | | basis for the request. The regional superintendent of schools | 6 | | shall promptly notify the board of the request for review. | 7 | | Within 5 calendar days after being notified of a request | 8 | | for review, the board must deliver to the regional | 9 | | superintendent of schools any document or evidence that was | 10 | | used by the board during the hearing, as well as a list of all | 11 | | witnesses called during the hearing, including any transcripts | 12 | | or other written or recorded information documenting the | 13 | | hearing. After 5 calendar days from the district's receipt of | 14 | | notice, the regional superintendent of schools shall close the | 15 | | review from any additional documents or arguments from the | 16 | | parties. | 17 | | Within 20 calendar days after receipt of the request for | 18 | | review by the person who enrolled the pupil, the regional | 19 | | superintendent of schools shall issue a written decision as to | 20 | | whether or not the pupil is a resident of the district pursuant | 21 | | to this Section and eligible to attend the district's schools | 22 | | on a tuition-free basis. The decision shall be transmitted to | 23 | | the board and the person who enrolled the pupil and shall, with | 24 | | specificity, detail the rationale behind the decision. | 25 | | (c-5) The provisions of this subsection apply only in | 26 | | school districts
having a population of 500,000 or more. If the |
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| 1 | | board of education of a school
district with a population of | 2 | | 500,000 or more determines that a pupil who is
attending school | 3 | | in the district on a tuition free basis is a nonresident of
the | 4 | | district for whom tuition is required to be charged under | 5 | | Section
10-20.12a, the board shall notify the person who | 6 | | enrolled the pupil of the
amount of the tuition charged under | 7 | | Section 10-20.12a that is due to the
district for the | 8 | | nonresident pupil's attendance in the district's schools. The
| 9 | | notice shall be given by certified mail, return receipt | 10 | | requested. Within 10 calendar
days after receipt of the notice, | 11 | | the person who enrolled the pupil may request
a hearing to | 12 | | review the determination of the school board. The request shall
| 13 | | be sent by certified mail, return receipt requested, to the | 14 | | district
superintendent. Within 30 calendar days after receipt | 15 | | of the
request, the board shall notify, by certified mail, | 16 | | return receipt requested,
the person requesting the hearing of | 17 | | the time and place of the hearing, which
shall be held not less | 18 | | than 10 calendar nor more than 30 calendar days after the | 19 | | notice of
hearing is given. The board or a hearing officer | 20 | | designated by the board shall
conduct the hearing. The board | 21 | | and the person who enrolled the pupil may each
be represented | 22 | | at the hearing by a representative of their choice. At the
| 23 | | hearing, the person who enrolled the pupil shall have the | 24 | | burden of going
forward with the evidence concerning the | 25 | | pupil's residency. If the hearing is
conducted by a hearing | 26 | | officer, the hearing officer, within 20 calendar days after the
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| 1 | | conclusion of the hearing, shall serve a written report of his | 2 | | or her findings
by personal service or by certified mail, | 3 | | return receipt requested, to the
school board and to the person | 4 | | who enrolled the pupil. The person who enrolled
the pupil may, | 5 | | within 10 calendar days after receiving the findings, file | 6 | | written
objections to the findings with the board of education | 7 | | by sending the
objections by certified mail, return receipt | 8 | | requested, addressed to the
general superintendent of schools. | 9 | | If the hearing is conducted by the board of
education, the | 10 | | board shall, within 45 calendar days after the
conclusion of | 11 | | the hearing, decide whether or not the pupil is a resident of | 12 | | the
district and the amount of any tuition required to be | 13 | | charged under Section
10-20.12a as a result of the pupil's | 14 | | attendance in the schools of the district.
If the hearing is | 15 | | conducted by a hearing officer, the board of education
shall, | 16 | | within 45 days after the receipt of the hearing officer's | 17 | | findings,
decide whether or not the pupil is a resident of the | 18 | | district and the amount of
any tuition required to be charged | 19 | | under Section 10-20.12a as a result of the
pupil's attendance | 20 | | in the schools of the district. The board of education
shall | 21 | | send, by certified mail, return receipt requested, a copy of | 22 | | its decision
to the person who enrolled the pupil, and the | 23 | | decision of the board shall be
final.
| 24 | | (d) If a hearing is requested under subsection (c) of this | 25 | | Section or (c-5) to review
the determination of the school | 26 | | board or board of education that a nonresident pupil is |
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| 1 | | attending the schools of the
district without payment of the | 2 | | tuition required to be charged under Section
10-20.12a, the | 3 | | pupil may, at the request of the a person who enrolled
the | 4 | | pupil, continue or begin attendance at the schools of the | 5 | | district pending the a final
decision of the board or regional | 6 | | superintendent of schools, as applicable. of the board | 7 | | following the hearing. However, attendance of
that pupil in the | 8 | | schools of the district as authorized by this subsection (d)
| 9 | | shall not relieve any person who enrolled the pupil of the | 10 | | obligation to pay
the tuition
charged for that attendance under | 11 | | Section 10-20.12a if the final decision of
the board or | 12 | | regional superintendent of schools is that the pupil is a | 13 | | nonresident of the district.
If a pupil is determined to be a | 14 | | nonresident of the district for whom tuition
is required to be | 15 | | charged pursuant to this Section, the board shall
refuse to | 16 | | permit the pupil to continue attending the schools of the | 17 | | district
unless the required tuition is paid for the pupil.
| 18 | | (d-5) If a hearing is requested under subsection (c-5) of | 19 | | this Section to review the determination of the board of | 20 | | education that a nonresident pupil is attending the schools of | 21 | | the district without payment of the tuition required to be | 22 | | charged under Section 10-20.12a of this Code, the pupil may, at | 23 | | the request of the person who enrolled the pupil, continue | 24 | | attendance at the schools of the district pending a final | 25 | | decision of the board following the hearing. However, | 26 | | attendance of that pupil in the schools of the district as |
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| 1 | | authorized by this subsection (d-5) shall not relieve any | 2 | | person who enrolled the pupil of the obligation to pay the | 3 | | tuition charged for that attendance under Section 10-20.12a of | 4 | | this Code if the final decision of the board is that the pupil | 5 | | is a nonresident of the district. If a pupil is determined to | 6 | | be a nonresident of the district for whom tuition is required | 7 | | to be charged pursuant to this Section, the board shall refuse | 8 | | to permit the pupil to continue attending the schools of the | 9 | | district unless the required tuition is paid for the pupil. | 10 | | (e) Except for a pupil referred to in subsection (b) of | 11 | | Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or | 12 | | a pupil referred to in subsection
(b) of this Section, a person | 13 | | who knowingly enrolls or
attempts to enroll in the schools of a | 14 | | school district on a tuition free basis
a pupil known by that | 15 | | person to be a nonresident of the district shall be
guilty of a | 16 | | Class C misdemeanor.
| 17 | | (f) A person who knowingly or wilfully presents to any | 18 | | school district any
false information regarding the residency | 19 | | of a pupil for the purpose of
enabling that pupil to attend any | 20 | | school in that district without the payment
of a nonresident | 21 | | tuition charge shall be guilty of a Class C misdemeanor.
| 22 | | (g) The provisions of this Section are subject to the | 23 | | provisions of the
Education for Homeless Children Act. Nothing | 24 | | in this Section shall be
construed to apply to or require the | 25 | | payment of tuition by a parent or guardian
of a "homeless | 26 | | child" (as that term is defined in Section 1-5 of the Education
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| 1 | | for Homeless Children Act) in connection with or as a result of | 2 | | the homeless
child's continued education or enrollment in a | 3 | | school that is chosen in
accordance with any of the options | 4 | | provided in Section 1-10 of that Act.
| 5 | | (Source: P.A. 94-309, eff. 7-25-05.)
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