SB2824eng 103RD GENERAL ASSEMBLY

 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-20.12b as follows:
 
6    (105 ILCS 5/10-20.12b)
7    Sec. 10-20.12b. Residency; payment of tuition; hearing;
8criminal 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
22        that 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
5        Public Aid Code for the pupil who resides with that
6        adult caretaker relative for purposes other than to
7        have access to the educational programs of the
8        district.
9            (v) Custody exercised by an adult who demonstrates
10        that, in fact, he or she has assumed and exercises
11        legal responsibility for the pupil and provides the
12        pupil with a regular fixed night-time abode for
13        purposes other than to have access to the educational
14        programs of the district.
15    (a-5) If a pupil's change of residence is due to the
16military service obligation of a person who has legal custody
17of the pupil, then, upon the written request of the person
18having legal custody of the pupil, the residence of the pupil
19is deemed for all purposes relating to enrollment (including
20tuition, fees, and costs), for the duration of the custodian's
21military service obligation, to be the same as the residence
22of the pupil immediately before the change of residence caused
23by the military service obligation. A school district is not
24responsible for providing transportation to or from school for
25a pupil whose residence is determined under this subsection
26(a-5). School districts shall facilitate re-enrollment when

 

 

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1necessary to comply with this subsection (a-5).
2    (b) Except as otherwise provided under Section 10-22.5a,
3only resident pupils of a school district may attend the
4schools of the district without payment of the tuition
5required to be charged under Section 10-20.12a. However, (i) a
6child children for whom the Guardianship Administrator of the
7Department of Children and Family Services has been appointed
8temporary custodian or guardian of the person of the a child
9and who shall not be charged tuition as a nonresident pupil if
10the child was placed by the Department of Children and Family
11Services with a foster parent or placed in another type of
12child care facility or (ii) a child who has been removed from
13the child's parent or guardian by the Department of Children
14and Family Services as part of a safety plan shall not be
15charged tuition as a nonresident pupil if and the foster
16parent, or child care facility, relative caregiver, or
17non-custodial parent is located in a school district other
18than the child's former school district and it is determined
19by the Department of Children and Family Services to be in the
20child's best interest to maintain attendance at the child's
21his or her former school district or at a school district the
22child would have attended if the child was not removed from the
23child's parent or guardian by the Department of Children and
24Family Services.
25    (c) The provisions of this subsection do not apply in
26school districts having a population of 500,000 or more. If a

 

 

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1school board in a school district with a population of less
2than 500,000 determines that a pupil who is attending school
3in the district on a tuition free basis is a nonresident of the
4district for whom tuition is required to be charged under
5Section 10-20.12a, the board shall notify the person who
6enrolled the pupil of the amount of the tuition charged under
7Section 10-20.12a that is due to the district for a
8nonresident pupil's attendance in the district's schools. The
9notice shall detail the specific reasons why the board
10believes that the pupil is a nonresident of the district and
11shall be given by certified mail, return receipt requested.
12Within 10 calendar days after receipt of the notice, the
13person who enrolled the pupil may request a hearing to review
14the determination of the school board. The request shall be
15sent by certified mail, return receipt requested, to the
16district superintendent. Within 10 calendar days after receipt
17of the request, the board shall notify, by certified mail,
18return receipt requested, the person requesting the hearing of
19the time and place of the hearing, which shall be held not less
20than 10 nor more than 20 calendar days after the notice of
21hearing is given. At least 3 calendar days prior to the
22hearing, each party shall disclose to the other party all
23written evidence and testimony that it may submit during the
24hearing and a list of witnesses that it may call to testify
25during the hearing. The hearing notice shall notify the person
26requesting the hearing that any written evidence and testimony

 

 

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1or witnesses not disclosed to the other party at least 3
2calendar days prior to the hearing are barred at the hearing
3without the consent of the other party. The board or a hearing
4officer designated by the board shall conduct the hearing. The
5board and the person who enrolled the pupil may be represented
6at the hearing by representatives of their choice. At the
7hearing, the person who enrolled the pupil shall have the
8burden of going forward with the evidence concerning the
9pupil's residency. If the hearing is conducted by a hearing
10officer, the hearing officer, within 5 calendar days after the
11conclusion of the hearing, shall send a written report of his
12or her findings by certified mail, return receipt requested,
13to the school board and to the person who enrolled the pupil.
14The person who enrolled the pupil may, within 5 calendar days
15after receiving the findings, file written objections to the
16findings with the school board by sending the objections by
17certified mail, return receipt requested, addressed to the
18district superintendent. Whether the hearing is conducted by
19the school board or a hearing officer, the school board shall,
20within 30 calendar days after the conclusion of the hearing,
21decide whether or not the pupil is a resident of the district
22and the amount of any tuition required to be charged under
23Section 10-20.12a as a result of the pupil's attendance in the
24schools of the district. The school board shall send a copy of
25its decision within 5 calendar days of its decision to the
26person who enrolled the pupil by certified mail, return

 

 

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1receipt requested. This decision must inform the person who
2enrolled the pupil that he or she may, within 5 calendar days
3after receipt of the decision of the board, petition the
4regional superintendent of schools to review the decision. The
5decision must also include notification that, at the request
6of the person who enrolled the pupil, the pupil may continue
7attending the schools of the district pending the regional
8superintendent of schools' review of the board's decision but
9that tuition shall continue to be assessed under Section
1010-20.12a of this Code during the review period and become due
11upon a final determination of the regional superintendent of
12schools that the student is a nonresident.
13    Within 5 calendar days after receipt of the decision of
14the board pursuant to this subsection (c) of this Section, the
15person who enrolled the pupil may petition the regional
16superintendent of schools who exercises supervision and
17control of the board to review the board's decision. The
18petition must include the basis for the request and be sent by
19certified mail, return receipt requested, to both the regional
20superintendent of schools and the district superintendent.
21    Within 5 calendar days after receipt of the petition, the
22board must deliver to the regional superintendent of schools
23the written decision of the board, any written evidence and
24testimony that was submitted by the parties during the
25hearing, a list of all witnesses that testified during the
26hearing, and any existing written minutes or transcript of the

 

 

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1hearing or verbatim record of the hearing in the form of an
2audio or video recording documenting the hearing. The board
3may also provide the regional superintendent of schools and
4the petitioner with a written response to the petition. The
5regional superintendent of schools' review of the board's
6decision is limited to the documentation submitted to the
7regional superintendent of schools pursuant to this Section.
8    Within 10 calendar days after receipt of the documentation
9provided by the school district pursuant to this Section, the
10regional superintendent of schools shall issue a written
11decision as to whether or not there is clear and convincing
12evidence that the pupil is a resident of the district pursuant
13to this Section and eligible to attend the district's schools
14on a tuition-free basis. The decision shall be transmitted to
15the board and the person who enrolled the pupil and shall, with
16specificity, detail the rationale behind the decision.
17    (c-5) The provisions of this subsection apply only in
18school districts having a population of 500,000 or more. If
19the board of education of a school district with a population
20of 500,000 or more determines that a pupil who is attending
21school in the district on a tuition free basis is a nonresident
22of the district for whom tuition is required to be charged
23under Section 10-20.12a, the board shall notify the person who
24enrolled the pupil of the amount of the tuition charged under
25Section 10-20.12a that is due to the district for the
26nonresident pupil's attendance in the district's schools. The

 

 

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1notice shall be given by certified mail, return receipt
2requested. Within 10 calendar days after receipt of the
3notice, the person who enrolled the pupil may request a
4hearing to review the determination of the school board. The
5request shall be sent by certified mail, return receipt
6requested, to the district superintendent. Within 30 calendar
7days after receipt of the request, the board shall notify, by
8certified mail, return receipt requested, the person
9requesting the hearing of the time and place of the hearing,
10which shall be held not less than 10 calendar nor more than 30
11calendar days after the notice of hearing is given. The board
12or a hearing officer designated by the board shall conduct the
13hearing. The board and the person who enrolled the pupil may
14each be represented at the hearing by a representative of
15their choice. At the hearing, the person who enrolled the
16pupil shall have the burden of going forward with the evidence
17concerning the pupil's residency. If the hearing is conducted
18by a hearing officer, the hearing officer, within 20 calendar
19days after the conclusion of the hearing, shall serve a
20written report of his or her findings by personal service or by
21certified mail, return receipt requested, to the school board
22and to the person who enrolled the pupil. The person who
23enrolled the pupil may, within 10 calendar days after
24receiving the findings, file written objections to the
25findings with the board of education by sending the objections
26by certified mail, return receipt requested, addressed to the

 

 

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1general superintendent of schools. If the hearing is conducted
2by the board of education, the board shall, within 45 calendar
3days after the conclusion of the hearing, decide whether or
4not the pupil is a resident of the district and the amount of
5any tuition required to be charged under Section 10-20.12a as
6a result of the pupil's attendance in the schools of the
7district. If the hearing is conducted by a hearing officer,
8the board of education shall, within 45 days after the receipt
9of the hearing officer's findings, decide whether or not the
10pupil is a resident of the district and the amount of any
11tuition required to be charged under Section 10-20.12a as a
12result of the pupil's attendance in the schools of the
13district. The board of education shall send, by certified
14mail, return receipt requested, a copy of its decision to the
15person who enrolled the pupil, and the decision of the board
16shall be final.
17    (d) If a hearing is requested under subsection (c) of this
18Section to review the determination of the school board or
19board of education that a nonresident pupil is attending the
20schools of the district without payment of the tuition
21required to be charged under Section 10-20.12a, the pupil may,
22at the request of the person who enrolled the pupil, continue
23attendance at the schools of the district pending the decision
24of the board or regional superintendent of schools, as
25applicable, and the school district's payments under Section
2618-8.05 of this Code shall not be adjusted due to tuition

 

 

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1collection under this Section. However, attendance of that
2pupil in the schools of the district as authorized by this
3subsection (d) shall not relieve any person who enrolled the
4pupil of the obligation to pay the tuition charged for that
5attendance under Section 10-20.12a if the final decision of
6the board or regional superintendent of schools is that the
7pupil is a nonresident of the district. If a pupil is
8determined to be a nonresident of the district for whom
9tuition is required to be charged pursuant to this Section,
10the board shall refuse to permit the pupil to continue
11attending the schools of the district unless the required
12tuition is paid for the pupil.
13    (d-5) If a hearing is requested under subsection (c-5) of
14this Section to review the determination of the board of
15education that a nonresident pupil is attending the schools of
16the district without payment of the tuition required to be
17charged under Section 10-20.12a of this Code, the pupil may,
18at the request of the person who enrolled the pupil, continue
19attendance at the schools of the district pending a final
20decision of the board following the hearing. However,
21attendance of that pupil in the schools of the district as
22authorized by this subsection (d-5) shall not relieve any
23person who enrolled the pupil of the obligation to pay the
24tuition charged for that attendance under Section 10-20.12a of
25this Code if the final decision of the board is that the pupil
26is a nonresident of the district. If a pupil is determined to

 

 

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1be a nonresident of the district for whom tuition is required
2to be charged pursuant to this Section, the board shall refuse
3to permit the pupil to continue attending the schools of the
4district unless the required tuition is paid for the pupil.
5    (e) Except for a pupil referred to in subsection (b) of
6Section 10-22.5a, a pupil referred to in Section 10-20.12a, or
7a pupil referred to in subsection (b) of this Section, a person
8who knowingly enrolls or attempts to enroll in the schools of a
9school district on a tuition free basis a pupil known by that
10person to be a nonresident of the district shall be guilty of a
11Class C misdemeanor.
12    (f) A person who knowingly or wilfully presents to any
13school district any false information regarding the residency
14of a pupil for the purpose of enabling that pupil to attend any
15school in that district without the payment of a nonresident
16tuition charge shall be guilty of a Class C misdemeanor.
17    (g) The provisions of this Section are subject to the
18provisions of the Education for Homeless Children Act. Nothing
19in this Section shall be construed to apply to or require the
20payment of tuition by a parent or guardian of a "homeless
21child" (as that term is defined in Section 1-5 of the Education
22for Homeless Children Act) in connection with or as a result of
23the homeless child's continued education or enrollment in a
24school that is chosen in accordance with any of the options
25provided in Section 1-10 of that Act.
26(Source: P.A. 99-670, eff. 1-1-17.)