Public Act 099-0670
 
HB4606 EnrolledLRB099 17180 NHT 41538 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Section 
10-20.12b as follows:
 



    (105 ILCS 5/10-20.12b)



    Sec. 10-20.12b. Residency; payment of tuition; hearing; 
criminal penalty. 

    (a) For purposes of this Section:


        (1) The residence of a person who has legal custody of 
    a pupil is
deemed to be the residence of the pupil.


        (2) "Legal custody" means one of the following:


            (i) Custody exercised by a natural or adoptive 
        parent with whom the
pupil resides.


            (ii) Custody granted by order of a court of 
        competent jurisdiction to a
person with whom the pupil 
        resides for reasons other than to have access to the

        educational programs of the district.


            (iii) Custody exercised under a statutory 
        short-term guardianship,
provided that within 60 days 
        of the pupil's enrollment a court order is entered
that 
        establishes a permanent guardianship and grants 
        custody to a person with
whom the pupil resides for 
        reasons other than to have access to the educational

        programs of the district.


            (iv) Custody exercised by an adult caretaker 
        relative who is receiving
aid under the Illinois Public 
        Aid Code for the pupil who resides with that
adult 
        caretaker relative for purposes other than to have 
        access to the
educational programs of the district.


            (v) Custody exercised by an adult who demonstrates 
        that, in fact, he or
she has assumed and exercises 
        legal responsibility for the pupil and provides
the 
        pupil with a regular fixed night-time abode for 
        purposes other than to have
access to the educational 
        programs of the district.

    (a-5) If a pupil's change of residence is due to the 
military service obligation of a person who has legal custody 
of the pupil, then, upon the written request of the person 
having legal custody of the pupil, the residence of the pupil 
is deemed for all purposes relating to enrollment (including 
tuition, fees, and costs), for the duration of the custodian's 
military service obligation, to be the same as the residence of 
the pupil immediately before the change of residence caused by 
the military service obligation. A school district is not 
responsible for providing transportation to or from school for 
a pupil whose residence is determined under this subsection 
(a-5).  School districts shall facilitate re-enrollment when 
necessary to comply with this subsection (a-5).

    (b) Except as otherwise provided under Section 10-22.5a, 
only resident
pupils of a school district may attend the 
schools of the district without
payment of the tuition required 
to be charged under Section 10-20.12a.
However, children for 
whom the Guardianship Administrator of the Department of

Children and Family Services has been appointed temporary 
custodian or guardian
of the person of a child shall not be 
charged tuition as a nonresident pupil if
the child was placed 
by the Department of Children and Family Services with a
foster 
parent or placed in another type of child care facility and the 
foster
parent or child care facility is located in a school 
district other than
the child's former school district and it 
is determined by the Department of
Children and Family Services 
to be in the child's
best interest to maintain attendance at 
his or her former school district.

    (c) The provisions of this subsection do not apply in 
school districts
having a population of 500,000 or more.
If a 
school board in a school district with a population of less 
than
500,000 determines that a pupil who is attending school in

the district on a tuition free basis   is a nonresident of the 
district for whom
tuition is required to be charged under 
Section 10-20.12a, the board shall
notify the person who 
enrolled the pupil of the amount of the tuition
charged under 
Section 10-20.12a that is due to the district for a the 
nonresident
pupil's attendance in the district's schools.  The 
notice shall detail the specific reasons why the board believes 
that the pupil is a nonresident of the district and shall be 
given by
certified mail, return receipt requested.  Within 10 
calendar days after receipt of the
notice, the person who 
enrolled the pupil may request a hearing to
review the 
determination of the school board.  The request shall be sent by

certified mail, return receipt requested, to the district 
superintendent.
Within 10 calendar days after receipt of the 
request, the board shall notify, by
certified mail, return 
receipt requested, the person requesting the hearing of
the 
time and place of the hearing, which shall be held not less 
than 10 nor
more than 20 calendar days after the
notice of 
hearing is given.  At least 3 calendar days prior to the 
hearing, each party shall disclose to the other party all 
written evidence and testimony that it may submit during the 
hearing and a list of witnesses that it may call to testify 
during the hearing.  The hearing notice shall notify the person 
requesting the hearing that any written evidence and testimony 
or witnesses not disclosed to the other party at least 3 
calendar days prior to the hearing are barred at the hearing 
without the consent of the other party. The board or a hearing 
officer designated by the
board shall conduct the hearing.  The 
board and the person who enrolled
the pupil may be represented 
at the hearing by representatives of their
choice.  At the 
hearing, the person who enrolled the pupil shall have the

burden of going forward with the evidence concerning the 
pupil's residency.  If
the hearing is conducted by a hearing 
officer, the hearing officer,
within 5 calendar days after the 
conclusion of the hearing, shall send a written report
of his 
or her findings by certified mail, return receipt requested, to 
the
school board and to the person who enrolled the pupil.
The 
person who enrolled the pupil may, within 5 calendar days
after 
receiving the findings, file written objections to the findings 
with the
school board by sending the objections by certified 
mail, return receipt
requested, addressed to the district 
superintendent.
Whether the hearing is conducted by the school 
board or a hearing officer, the
school board shall, within 30 
calendar 15 days after the conclusion of the hearing, decide

whether or not the pupil is a resident of the district and the 
amount of any
tuition required to be charged under Section 
10-20.12a as a result of the
pupil's attendance in the schools 
of the district.  The school board shall send
a copy of its 
decision within 5 calendar days of its decision to the person 
who enrolled the
pupil by certified mail, return receipt 
requested. This decision must inform the person who enrolled 
the pupil that he or she may, within 5 calendar days after 
receipt of the decision of the board, petition the regional 
superintendent of schools to review the decision. The decision 
must also include notification that, at the request of the 
person who enrolled the pupil, the pupil may continue attending 
the schools of the district pending the regional superintendent 
of schools' review of the board's decision but that tuition 
shall continue to be assessed under Section 10-20.12a of this 
Code during the review period and become due upon a final 
determination of the regional superintendent of schools that 
the student is a nonresident , and the decision of the school 
board shall be final.

    Within 5 calendar days after receipt of the decision of the 
board pursuant to this subsection (c) of this Section, the 
person who enrolled the pupil may petition the regional 
superintendent of schools who exercises supervision and 
control of the board to review  the board's decision.  The 
petition must include the basis for the request and be sent by 
certified mail, return receipt requested, to both the regional 
superintendent of schools and the district superintendent.
    Within 5 calendar days after receipt of the petition, the 
board must deliver to the regional superintendent of schools 
the written decision of the board, any written evidence and 
testimony that was submitted by the parties during the hearing, 
a list of all witnesses that testified during the hearing, and 
any existing written minutes or transcript of the hearing or 
verbatim record of the hearing in the form of an audio or video 
recording documenting the hearing. The board may also provide 
the regional superintendent of schools and the petitioner with 
a written response to the petition.  The regional superintendent 
of schools' review of the board's decision is limited to the 
documentation submitted to the regional superintendent of 
schools pursuant to this Section.
    Within 10 calendar days after receipt of the documentation 
provided by the school district pursuant to this Section, the 
regional superintendent of schools shall issue a written 
decision as to whether or not there is clear and convincing 
evidence that the pupil is a resident of the district pursuant 
to this Section and eligible to attend the district's schools 
on a tuition-free basis.  The decision shall be transmitted to 
the board and the person who enrolled the pupil and shall, with 
specificity, detail the rationale behind the decision. 
    (c-5) The provisions of this subsection apply only in 
school districts
having a population of 500,000 or more.  If the 
board of education of a school
district with a population of 
500,000 or more determines that a pupil who is
attending school 
in the district on a tuition free basis is a nonresident of
the 
district for whom tuition is required to be charged under 
Section
10-20.12a, the board shall notify the person who 
enrolled the pupil of the
amount of the tuition charged under 
Section 10-20.12a that is due to the
district for the 
nonresident pupil's attendance in the district's schools.  The

notice shall be given by certified mail, return receipt 
requested.  Within 10 calendar
days after receipt of the notice, 
the person who enrolled the pupil may request
a hearing to 
review the determination of the school board.  The request shall

be sent by certified mail, return receipt requested, to the 
district
superintendent.  Within 30 calendar days after receipt 
of the
request, the board shall notify, by certified mail, 
return receipt requested,
the person requesting the hearing of 
the time and place of the hearing, which
shall be held not less 
than 10 calendar nor more than 30 calendar days after the 
notice of
hearing is given.  The board or a hearing officer 
designated by the board shall
conduct the hearing.  The board 
and the person who enrolled the pupil may each
be represented 
at the hearing by a representative of their choice.  At the

hearing, the person who enrolled the pupil shall have the 
burden of going
forward with the evidence concerning the 
pupil's residency.  If the hearing is
conducted by a hearing 
officer, the hearing officer, within 20 calendar days after the

conclusion of the hearing, shall serve a written report of his 
or her findings
by personal service or by certified mail, 
return receipt requested, to the
school board and to the person 
who enrolled the pupil.  The person who enrolled
the pupil may, 
within 10 calendar days after receiving the findings, file 
written
objections to the findings with the board of education 
by sending the
objections by certified mail, return receipt 
requested, addressed to the
general superintendent of schools.  
If the hearing is conducted by the board of
education, the 
board shall, within 45 calendar days after the
conclusion of 
the hearing, decide whether or not the pupil is a resident of 
the
district and the amount of any tuition required to be 
charged under Section
10-20.12a as a result of the pupil's 
attendance in the schools of the district.
 If the hearing is 
conducted by a hearing officer, the board of education
shall, 
within 45 days after the receipt of the hearing officer's 
findings,
decide whether or not the pupil is a resident of the 
district and the amount of
any tuition required to be charged 
under Section 10-20.12a as a result of the
pupil's attendance 
in the schools of the district.  The board of education
shall 
send, by certified mail, return receipt requested, a copy of 
its decision
to the person who enrolled the pupil, and the 
decision of the board shall be
final.

    (d) If a hearing is requested under subsection (c) of this 
Section or (c-5) to review
the determination of the school 
board or board of education that a nonresident pupil is 
attending the schools of the
district without payment of the 
tuition required to be charged under Section
10-20.12a, the 
pupil may, at the request of the a person who enrolled
the 
pupil, continue attendance at the schools of the district 
pending the a final
decision of the board or regional 
superintendent of schools, as applicable, and the school 
district's payments under Section 18-8.05 of this Code shall 
not be adjusted due to tuition collection under this Section. 
of the board following the hearing.  However, attendance of
that 
pupil in the schools of the district as authorized by this 
subsection (d)
shall not relieve any person who enrolled the 
pupil of the obligation to pay
the tuition
charged for that 
attendance under Section 10-20.12a if the final decision of
the 
board or regional superintendent of schools is that the pupil 
is a nonresident of the district.
If a pupil is determined to 
be a nonresident of the district for whom tuition
is required 
to be charged pursuant to this Section, the board shall
refuse 
to permit the pupil to continue attending the schools of the 
district
unless the required tuition is paid for the pupil.

    (d-5) If a hearing is requested under subsection (c-5) of 
this Section to review the determination of the board of 
education that a nonresident pupil is attending the schools of 
the district without payment of the tuition required to be 
charged under Section 10-20.12a of this Code, the pupil may, at 
the request of the person who enrolled the pupil, continue 
attendance at the schools of the district pending a final 
decision of the board following the hearing. However, 
attendance of that pupil in the schools of the district as 
authorized by this subsection (d-5) shall not relieve any 
person who enrolled the pupil of the obligation to pay the 
tuition charged for that attendance under Section 10-20.12a of 
this Code if the final decision of the board is that the pupil 
is a nonresident of the district. If a pupil is determined to 
be a nonresident of the district for whom tuition is required 
to be charged pursuant to this Section, the board shall refuse 
to permit the pupil to continue attending the schools of the 
district unless the required tuition is paid for the pupil. 
    (e) Except for a pupil referred to in subsection (b) of 
Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or 
a pupil referred to in subsection
(b) of this Section, a person 
who knowingly enrolls or
attempts to enroll in the schools of a 
school district on a tuition free basis
a pupil known by that 
person to be a nonresident of the district shall be
guilty of a 
Class C misdemeanor.

    (f) A person who knowingly or wilfully presents to any 
school district any
false information regarding the residency 
of a pupil for the purpose of
enabling that pupil to attend any 
school in that district without the payment
of a nonresident 
tuition charge shall be guilty of a Class C misdemeanor.

    (g) The provisions of this Section are subject to the 
provisions of the
Education for Homeless Children Act.  Nothing 
in this Section shall be
construed to apply to or require the 
payment of tuition by a parent or guardian
of a "homeless 
child" (as that term is defined in Section 1-5 of the Education

for Homeless Children Act) in connection with or as a result of 
the homeless
child's continued education or enrollment in a 
school that is chosen in
accordance with any of the options 
provided in Section 1-10 of that Act.

(Source: P.A. 94-309, eff. 7-25-05.)