SB2824sam002 103RD GENERAL ASSEMBLY

Sen. Steve McClure

Filed: 3/13/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2824

2    AMENDMENT NO. ______. Amend Senate Bill 2824, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Section
610-20.12b as follows:
 
7    (105 ILCS 5/10-20.12b)
8    Sec. 10-20.12b. Residency; payment of tuition; hearing;
9criminal penalty.
10    (a) For purposes of this Section:
11        (1) The residence of a person who has legal custody of
12    a pupil is deemed to be the residence of the pupil.
13        (2) "Legal custody" means one of the following:
14            (i) Custody exercised by a natural or adoptive
15        parent with whom the pupil resides.
16            (ii) Custody granted by order of a court of

 

 

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1        competent jurisdiction to a person with whom the pupil
2        resides for reasons other than to have access to the
3        educational programs of the district.
4            (iii) Custody exercised under a statutory
5        short-term guardianship, provided that within 60 days
6        of the pupil's enrollment a court order is entered
7        that establishes a permanent guardianship and grants
8        custody to a person with whom the pupil resides for
9        reasons other than to have access to the educational
10        programs of the district.
11            (iv) Custody exercised by an adult caretaker
12        relative who is receiving aid under the Illinois
13        Public Aid Code for the pupil who resides with that
14        adult caretaker relative for purposes other than to
15        have access to the educational programs of the
16        district.
17            (v) Custody exercised by an adult who demonstrates
18        that, in fact, he or she has assumed and exercises
19        legal responsibility for the pupil and provides the
20        pupil with a regular fixed night-time abode for
21        purposes other than to have access to the educational
22        programs of the district.
23    (a-5) If a pupil's change of residence is due to the
24military service obligation of a person who has legal custody
25of the pupil, then, upon the written request of the person
26having legal custody of the pupil, the residence of the pupil

 

 

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1is deemed for all purposes relating to enrollment (including
2tuition, fees, and costs), for the duration of the custodian's
3military service obligation, to be the same as the residence
4of the pupil immediately before the change of residence caused
5by the military service obligation. A school district is not
6responsible for providing transportation to or from school for
7a pupil whose residence is determined under this subsection
8(a-5). School districts shall facilitate re-enrollment when
9necessary to comply with this subsection (a-5).
10    (b) Except as otherwise provided under Section 10-22.5a,
11only resident pupils of a school district may attend the
12schools of the district without payment of the tuition
13required to be charged under Section 10-20.12a. However, (i) a
14child children for whom the Guardianship Administrator of the
15Department of Children and Family Services has been appointed
16temporary custodian or guardian of the person of the a child
17and who shall not be charged tuition as a nonresident pupil if
18the child was placed by the Department of Children and Family
19Services with a foster parent or placed in another type of
20child care facility or (ii) a child who has been removed from
21the child's parent or guardian by the Department of Children
22and Family Services as part of a safety plan shall not be
23charged tuition as a nonresident pupil if and the foster
24parent, or child care facility, relative caregiver, or
25non-custodial parent is located in a school district other
26than the child's former school district and it is determined

 

 

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1by the Department of Children and Family Services to be in the
2child's best interest to maintain attendance at the child's
3his or her former school district.
4    (c) The provisions of this subsection do not apply in
5school districts having a population of 500,000 or more. If a
6school board in a school district with a population of less
7than 500,000 determines that a pupil who is attending school
8in the district on a tuition free basis is a nonresident of the
9district for whom tuition is required to be charged under
10Section 10-20.12a, the board shall notify the person who
11enrolled the pupil of the amount of the tuition charged under
12Section 10-20.12a that is due to the district for a
13nonresident pupil's attendance in the district's schools. The
14notice shall detail the specific reasons why the board
15believes that the pupil is a nonresident of the district and
16shall be given by certified mail, return receipt requested.
17Within 10 calendar days after receipt of the notice, the
18person who enrolled the pupil may request a hearing to review
19the determination of the school board. The request shall be
20sent by certified mail, return receipt requested, to the
21district superintendent. Within 10 calendar days after receipt
22of the request, the board shall notify, by certified mail,
23return receipt requested, the person requesting the hearing of
24the time and place of the hearing, which shall be held not less
25than 10 nor more than 20 calendar days after the notice of
26hearing is given. At least 3 calendar days prior to the

 

 

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1hearing, each party shall disclose to the other party all
2written evidence and testimony that it may submit during the
3hearing and a list of witnesses that it may call to testify
4during the hearing. The hearing notice shall notify the person
5requesting the hearing that any written evidence and testimony
6or witnesses not disclosed to the other party at least 3
7calendar days prior to the hearing are barred at the hearing
8without the consent of the other party. The board or a hearing
9officer designated by the board shall conduct the hearing. The
10board and the person who enrolled the pupil may be represented
11at the hearing by representatives of their choice. At the
12hearing, the person who enrolled the pupil shall have the
13burden of going forward with the evidence concerning the
14pupil's residency. If the hearing is conducted by a hearing
15officer, the hearing officer, within 5 calendar days after the
16conclusion of the hearing, shall send a written report of his
17or her findings by certified mail, return receipt requested,
18to the school board and to the person who enrolled the pupil.
19The person who enrolled the pupil may, within 5 calendar days
20after receiving the findings, file written objections to the
21findings with the school board by sending the objections by
22certified mail, return receipt requested, addressed to the
23district superintendent. Whether the hearing is conducted by
24the school board or a hearing officer, the school board shall,
25within 30 calendar days after the conclusion of the hearing,
26decide whether or not the pupil is a resident of the district

 

 

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1and the amount of any tuition required to be charged under
2Section 10-20.12a as a result of the pupil's attendance in the
3schools of the district. The school board shall send a copy of
4its decision within 5 calendar days of its decision to the
5person who enrolled the pupil by certified mail, return
6receipt requested. This decision must inform the person who
7enrolled the pupil that he or she may, within 5 calendar days
8after receipt of the decision of the board, petition the
9regional superintendent of schools to review the decision. The
10decision must also include notification that, at the request
11of the person who enrolled the pupil, the pupil may continue
12attending the schools of the district pending the regional
13superintendent of schools' review of the board's decision but
14that tuition shall continue to be assessed under Section
1510-20.12a of this Code during the review period and become due
16upon a final determination of the regional superintendent of
17schools that the student is a nonresident.
18    Within 5 calendar days after receipt of the decision of
19the board pursuant to this subsection (c) of this Section, the
20person who enrolled the pupil may petition the regional
21superintendent of schools who exercises supervision and
22control of the board to review the board's decision. The
23petition must include the basis for the request and be sent by
24certified mail, return receipt requested, to both the regional
25superintendent of schools and the district superintendent.
26    Within 5 calendar days after receipt of the petition, the

 

 

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

 

 

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1of the district for whom tuition is required to be charged
2under Section 10-20.12a, the board shall notify the person who
3enrolled the pupil of the amount of the tuition charged under
4Section 10-20.12a that is due to the district for the
5nonresident pupil's attendance in the district's schools. The
6notice shall be given by certified mail, return receipt
7requested. Within 10 calendar days after receipt of the
8notice, the person who enrolled the pupil may request a
9hearing to review the determination of the school board. The
10request shall be sent by certified mail, return receipt
11requested, to the district superintendent. Within 30 calendar
12days after receipt of the request, the board shall notify, by
13certified mail, return receipt requested, the person
14requesting the hearing of the time and place of the hearing,
15which shall be held not less than 10 calendar nor more than 30
16calendar days after the notice of hearing is given. The board
17or a hearing officer designated by the board shall conduct the
18hearing. The board and the person who enrolled the pupil may
19each be represented at the hearing by a representative of
20their choice. At the hearing, the person who enrolled the
21pupil shall have the burden of going forward with the evidence
22concerning the pupil's residency. If the hearing is conducted
23by a hearing officer, the hearing officer, within 20 calendar
24days after the conclusion of the hearing, shall serve a
25written report of his or her findings by personal service or by
26certified mail, return receipt requested, to the school board

 

 

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1and to the person who enrolled the pupil. The person who
2enrolled the pupil may, within 10 calendar days after
3receiving the findings, file written objections to the
4findings with the board of education by sending the objections
5by certified mail, return receipt requested, addressed to the
6general superintendent of schools. If the hearing is conducted
7by the board of education, the board shall, within 45 calendar
8days after the conclusion of the hearing, decide whether or
9not the pupil is a resident of the district and the amount of
10any tuition required to be charged under Section 10-20.12a as
11a result of the pupil's attendance in the schools of the
12district. If the hearing is conducted by a hearing officer,
13the board of education shall, within 45 days after the receipt
14of the hearing officer's findings, decide whether or not the
15pupil is a resident of the district and the amount of any
16tuition required to be charged under Section 10-20.12a as a
17result of the pupil's attendance in the schools of the
18district. The board of education shall send, by certified
19mail, return receipt requested, a copy of its decision to the
20person who enrolled the pupil, and the decision of the board
21shall be final.
22    (d) If a hearing is requested under subsection (c) of this
23Section to review the determination of the school board or
24board of education that a nonresident pupil is attending the
25schools of the district without payment of the tuition
26required to be charged under Section 10-20.12a, the pupil may,

 

 

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1at the request of the person who enrolled the pupil, continue
2attendance at the schools of the district pending the decision
3of the board or regional superintendent of schools, as
4applicable, and the school district's payments under Section
518-8.05 of this Code shall not be adjusted due to tuition
6collection under this Section. However, attendance of that
7pupil in the schools of the district as authorized by this
8subsection (d) shall not relieve any person who enrolled the
9pupil of the obligation to pay the tuition charged for that
10attendance under Section 10-20.12a if the final decision of
11the board or regional superintendent of schools is that the
12pupil is a nonresident of the district. If a pupil is
13determined to be a nonresident of the district for whom
14tuition is required to be charged pursuant to this Section,
15the board shall refuse to permit the pupil to continue
16attending the schools of the district unless the required
17tuition is paid for the pupil.
18    (d-5) If a hearing is requested under subsection (c-5) of
19this Section to review the determination of the board of
20education that a nonresident pupil is attending the schools of
21the district without payment of the tuition required to be
22charged under Section 10-20.12a of this Code, the pupil may,
23at the request of the person who enrolled the pupil, continue
24attendance at the schools of the district pending a final
25decision of the board following the hearing. However,
26attendance of that pupil in the schools of the district as

 

 

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1authorized by this subsection (d-5) shall not relieve any
2person who enrolled the pupil of the obligation to pay the
3tuition charged for that attendance under Section 10-20.12a of
4this Code if the final decision of the board is that the pupil
5is a nonresident of the district. If a pupil is determined to
6be a nonresident of the district for whom tuition is required
7to be charged pursuant to this Section, the board shall refuse
8to permit the pupil to continue attending the schools of the
9district unless the required tuition is paid for the pupil.
10    (e) Except for a pupil referred to in subsection (b) of
11Section 10-22.5a, a pupil referred to in Section 10-20.12a, or
12a pupil referred to in subsection (b) of this Section, a person
13who knowingly enrolls or attempts to enroll in the schools of a
14school district on a tuition free basis a pupil known by that
15person to be a nonresident of the district shall be guilty of a
16Class C misdemeanor.
17    (f) A person who knowingly or wilfully presents to any
18school district any false information regarding the residency
19of a pupil for the purpose of enabling that pupil to attend any
20school in that district without the payment of a nonresident
21tuition charge shall be guilty of a Class C misdemeanor.
22    (g) The provisions of this Section are subject to the
23provisions of the Education for Homeless Children Act. Nothing
24in this Section shall be construed to apply to or require the
25payment of tuition by a parent or guardian of a "homeless
26child" (as that term is defined in Section 1-5 of the Education

 

 

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1for Homeless Children Act) in connection with or as a result of
2the homeless child's continued education or enrollment in a
3school that is chosen in accordance with any of the options
4provided in Section 1-10 of that Act.
5(Source: P.A. 99-670, eff. 1-1-17.)".