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90_SB0022
105 ILCS 5/10-20.12b
Amends the School Code. Replaces provisions that
determine a pupil's residency based on the residence of the
person with whom the pupil resides for reasons other than to
have access to the educational programs of a school district
with provisions that determine the pupil's residency based on
the residence of the person with whom the pupil resides
unless the pupil's custody is granted to or exercised by that
person solely for the purpose of the pupil's transfer from
one school district to another in order to access the
educational programs of the latter district. Effective
immediately.
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1 AN ACT to amend the School Code by changing Section
2 10-20.12b.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 10-20.12b as follows:
7 (105 ILCS 5/10-20.12b)
8 Sec. 10-20.12b. Residency; payment of tuition; hearing;
9 criminal penalty.
10 (a) For purposes of this Section:
11 (1) The residence of a person who has legal custody
12 of 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
17 competent jurisdiction to a person with whom the
18 pupil resides, unless granted solely for the purpose
19 of the pupil's transfer from one school district to
20 another in order reasons other than to have access
21 to the educational programs of the latter district.
22 (iii) Custody exercised under a statutory
23 short-term guardianship, provided that within 60
24 days of the pupil's enrollment a court order is
25 entered that establishes a permanent guardianship
26 and grants custody to a person with whom the pupil
27 resides, unless granted solely for the purpose of
28 the pupil's transfer from one school district to
29 another in order reasons other than to have access
30 to the educational programs of the latter district.
31 (iv) Custody exercised by an adult caretaker
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1 relative who is receiving aid under the Illinois
2 Public Aid Code for the pupil who resides with that
3 adult caretaker relative, unless exercised solely
4 for the purpose of the pupil's transfer from one
5 school district to another in order purposes other
6 than to have access to the educational programs of
7 the latter district.
8 (v) Custody exercised by an adult who
9 demonstrates that, in fact, he or she has assumed
10 and exercises legal responsibility for the pupil and
11 provides the pupil with a regular fixed night-time
12 abode, unless exercised solely for the purpose of
13 the pupil's transfer from one school district to
14 another in order purposes other than to have access
15 to the educational programs of the latter district.
16 (b) Except as otherwise provided under Section 10-22.5a,
17 only resident pupils of a school district may attend the
18 schools of the district without payment of the tuition
19 required to be charged under Section 10-20.12a. However,
20 children for whom the Guardianship Administrator of the
21 Department of Children and Family Services has been appointed
22 temporary custodian or guardian of the person of a child
23 shall not be charged tuition as a nonresident pupil if the
24 child was placed by the Department of Children and Family
25 Services with a foster parent or placed in another type of
26 child care facility and the foster parent or child care
27 facility is located in a school district other than the
28 child's former school district and it is determined by the
29 Department of Children and Family Services to be in the
30 child's best interest to maintain attendance at his or her
31 former school district.
32 (c) If a school board determines that a pupil who is
33 attending school in the district on a tuition free basis is a
34 nonresident of the district for whom tuition is required to
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1 be charged under Section 10-20.12a, the board shall notify
2 the person who enrolled the pupil of the amount of the
3 tuition charged under Section 10-20.12a that is due to the
4 district for the nonresident pupil's attendance in the
5 district's schools. The notice shall be given by certified
6 mail, return receipt requested. Within 10 days after receipt
7 of the notice, the person who enrolled the pupil may request
8 a hearing to review the determination of the school board.
9 The request shall be sent by certified mail, return receipt
10 requested, to the district superintendent. Within 10 days
11 after receipt of the request, the board shall notify, by
12 certified mail, return receipt requested, the person
13 requesting the hearing of the time and place of the hearing,
14 which shall be held not less than 10 nor more than 20 days
15 after the notice of hearing is given. The board or a hearing
16 officer designated by the board shall conduct the hearing.
17 The board and the person who enrolled the pupil may be
18 represented at the hearing by representatives of their
19 choice. At the hearing, the person who enrolled the pupil
20 shall have the burden of going forward with the evidence
21 concerning the pupil's residency. If the hearing is
22 conducted by a hearing officer, the hearing officer, within 5
23 days after the conclusion of the hearing, shall send a
24 written report of his or her findings by certified mail,
25 return receipt requested, to the school board and to the
26 person who enrolled the pupil. The person who enrolled the
27 pupil may, within 5 days after receiving the findings, file
28 written objections to the findings with the school board by
29 sending the objections by certified mail, return receipt
30 requested, addressed to the district superintendent. Whether
31 the hearing is conducted by the school board or a hearing
32 officer, the school board shall, within 15 days after the
33 conclusion of the hearing, decide whether or not the pupil is
34 a resident of the district and the amount of any tuition
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1 required to be charged under Section 10-20.12a as a result of
2 the pupil's attendance in the schools of the district. The
3 school board shall send a copy of its decision to the person
4 who enrolled the pupil, and the decision of the school board
5 shall be final.
6 (d) If a hearing is requested under subsection (c) to
7 review the school board's determination that a nonresident
8 pupil is attending the schools of the district without
9 payment of the tuition required to be charged under Section
10 10-20.12a, the pupil may, at the request of a person who
11 enrolled the pupil, continue attendance at the schools of the
12 district pending a final decision of the school board
13 following the hearing. However, attendance of that pupil in
14 the schools of the district as authorized by this subsection
15 (d) shall not relieve any person who enrolled the pupil of
16 the obligation to pay the tuition charged for that attendance
17 under Section 10-20.12a if the final decision of the school
18 board is that the pupil is a nonresident of the district. If
19 a pupil is determined to be a nonresident of the district for
20 whom tuition is required to be charged pursuant to this
21 Section, the school board shall refuse to permit the pupil to
22 continue attending the schools of the district unless the
23 required tuition is paid for 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,
26 or a pupil referred to in subsection (b) of this Section, a
27 person who knowingly enrolls or attempts to enroll in the
28 schools of a school district on a tuition free basis a pupil
29 known by that person to be a nonresident of the district
30 shall be guilty of a Class C misdemeanor.
31 (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
34 any school in that district without the payment of a
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1 nonresident tuition charge shall be guilty of a Class C
2 misdemeanor.
3 (g) The provisions of this Section are subject to the
4 provisions of the Education for Homeless Children Act.
5 Nothing in this Section shall be construed to apply to or
6 require the payment of tuition by a parent or guardian of a
7 "homeless child" (as that term is defined in Section 1-5 of
8 the Education for Homeless Children Act) in connection with
9 or as a result of the homeless child's continued education or
10 enrollment in a school that is chosen in accordance with any
11 of the options provided in Section 1-10 of that Act.
12 (Source: P.A. 89-480, eff. 1-1-97.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.