HB0218 101ST GENERAL ASSEMBLY

LRB101 04720 AXK 49729 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0218

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.13	from Ch. 122, par. 10-20.13
105 ILCS 5/10-22.33A	from Ch. 122, par. 10-22.33A
105 ILCS 5/34-18.27
105 ILCS 5/34-18.27a new
105 ILCS 5/34-21.6	from Ch. 122, par. 34-21.6

Amends the School Code. Provides for the waiver of tuition assessed by a school district on children whose parents are unable to afford them. With respect to summer school, provides that a school board must (instead of may) waive all or part of summer school charges if it determines that the family of a pupil is indigent or the educational needs of the pupil require his or her attendance. Amends the Chicago School District Article to provide that the summer kindergarten provisions are subject to the waiver of fees and tuition provisions. Requires the Chicago Board of Education, during that period of the calendar year not embraced within the regular school term, to provide and conduct courses in subject matters normally embraced in the program of the schools during the regular school term, fix and collect a charge for attendance at such courses in an amount not to exceed the per capita cost of the operation thereof, except that the board must waive all or part of such charges if it determines that the family of an individual pupil is indigent or that the educational needs of the pupil require his or her attendance at such courses, and give regular school credit for satisfactory completion by the student of such courses as may be approved for credit by the State Board of Education.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Legislative findings. The General Assembly finds that:

(1) Section 1 of Article X of the Constitution of the State of Illinois provides that a fundamental goal of the People of the State of Illinois is the educational development of all person to the limits of their capacity.

(2) Section 1 of Article X also requires the State to provide free public education through the secondary level.

(3) If a student must attend school over the summer for his or her educational development, the schooling should be provided free of charge pursuant to the Constitution of the State of Illinois.

Section 5. The School Code is amended by changing Sections 10-20.13, 10-22.33A, 34-18.27, and 34-21.6 and by adding Section 34-18.27a as follows:

(105 ILCS 5/10-20.13) (from Ch. 122, par. 10-20.13)

Sec. 10-20.13. Textbooks for children of parents unable to buy them and other fees and tuition.

(a) To purchase, at the expense of the district, a sufficient number of textbooks for children whose parents are unable to buy them, including but not limited to children living in households that meet the free lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to verification as set forth in subsection (c) of this Section. Such textbooks shall be loaned only, and the directors shall require the teacher to see that they are properly cared for and returned at the end of each term of school.

(b) To waive all fees and tuition assessed by the district on children whose parents are unable to afford them, including but not limited to children living in households that meet the free lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to verification as set forth in subsection (c) of this Section. The school board shall adopt written policies and procedures for such waiver of fees and tuition in accordance with regulations promulgated by the State Board of Education.

(c) Any school board that participates in a federally funded, school-based child nutrition program and uses a student's application for, eligibility for, or participation in the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving fees and tuition assessed by the school district must follow the verification requirements of the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. 245.6a).

A school board that establishes a process for the determination of eligibility for waiver of fees and tuition assessed by the school district that is completely independent of a student's application for, eligibility for, or participation in a federally funded, school-based child nutrition program may provide for fee and tuition waiver verification no more often than every 60 calendar days. Information obtained during the independent, fee and tuition waiver verification process indicating that the student does not meet free lunch or breakfast eligibility guidelines may be used to deny the waiver of the student's fees and tuition, provided that any information obtained through this independent process for determining or verifying eligibility for fee and tuition waivers shall not be used to determine or verify eligibility for any federally funded, school-based child nutrition program.

(Source: P.A. 96-360, eff. 9-1-09.)

(105 ILCS 5/10-22.33A) (from Ch. 122, par. 10-22.33A)

Sec. 10-22.33A. Summer school. During that period of the calendar year not embraced within the regular school term to provide and conduct courses in subject matters normally embraced in the program of the schools during the regular school term, to fix and collect a charge for attendance at such courses in an amount not to exceed the per capita cost of the operation thereof, except that the board must may waive all or part of such charges if it determines that the family of an individual pupil is indigent or that the educational needs of the pupil require his attendance at such courses, and to give regular school credit for satisfactory completion by the student of such courses as may be approved for credit by the State Board of Education.

(Source: P.A. 81-1508.)

(105 ILCS 5/34-18.27)

Sec. 34-18.27. Summer kindergarten. The board may establish, maintain, and operate, in connection with the kindergarten program of the school district, a summer kindergarten program that begins 2 months before the beginning of the regular school year and a summer kindergarten program for grade one readiness for those pupils making unsatisfactory progress during the regular kindergarten session that will continue for 2 months after the regular school year. The summer kindergarten program may be held within the school district or, pursuant to a contract that must be approved by the State Board of Education, may be operated by 2 or more adjacent school districts or by a public or private university or college. Transportation for students attending the summer kindergarten program shall be the responsibility of the school district. The expense of establishing, maintaining, and operating the summer kindergarten program may be paid from funds contributed or otherwise made available to the school district for that purpose by federal or State appropriation. The provisions of this Section are subject to Section 34-21.6 of this Code.

(Source: P.A. 95-331, eff. 8-21-07.)

(105 ILCS 5/34-18.27a new)

Sec. 34-18.27a. Summer school. During that period of the calendar year not embraced within the regular school term, the board shall provide and conduct courses in subject matters normally embraced in the program of the schools during the regular school term, fix and collect a charge for attendance at such courses in an amount not to exceed the per capita cost of the operation thereof, except that the board must waive all or part of such charges if it determines that the family of an individual pupil is indigent or that the educational needs of the pupil require his or her attendance at such courses, and give regular school credit for satisfactory completion by the student of such courses as may be approved for credit by the State Board of Education.

(105 ILCS 5/34-21.6) (from Ch. 122, par. 34-21.6)

Sec. 34-21.6. Waiver of fees and tuition.

(a) The board shall waive all fees and tuition assessed by the district on children whose parents are unable to afford them, including but not limited to children living in households that meet the free lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to verification as set forth in subsection (b) of this Section. The board shall develop written policies and procedures implementing this Section in accordance with regulations promulgated by the State Board of Education.

(b) If the board participates in a federally funded, school-based child nutrition program and uses a student's application for, eligibility for, or participation in the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving fees and tuition assessed by the district, then the board must follow the verification requirements of the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. 245.6a).

If the board establishes a process for the determination of eligibility for waiver of fees and tuition assessed by the district that is completely independent of a student's application for, eligibility for, or participation in a federally funded, school-based child nutrition program, the board may provide for fee and tuition waiver verification no more often than every 60 calendar days. Information obtained during the independent, fee and tuition waiver verification process indicating that the student does not meet free lunch or breakfast eligibility guidelines may be used to deny the waiver of the student's fees and tuition, provided that any information obtained through this independent process for determining or verifying eligibility for fee and tuition waivers shall not be used to determine or verify eligibility for any federally funded, school-based child nutrition program.

(Source: P.A. 96-360, eff. 9-1-09.)