Sen. Steve McClure

Filed: 2/21/2024

 

 


 

 


 
10300SB2824sam001LRB103 36735 RJT 69876 a

1
AMENDMENT TO SENATE BILL 2824

2    AMENDMENT NO. ______. Amend Senate Bill 2824 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Section 10-20.12a as a result of the pupil's attendance in the
2schools of the district. The school board shall send a copy of
3its decision within 5 calendar days of its decision to the
4person who enrolled the pupil by certified mail, return
5receipt requested. This decision must inform the person who
6enrolled the pupil that he or she may, within 5 calendar days
7after receipt of the decision of the board, petition the
8regional superintendent of schools to review the decision. The
9decision must also include notification that, at the request
10of the person who enrolled the pupil, the pupil may continue
11attending the schools of the district pending the regional
12superintendent of schools' review of the board's decision but
13that tuition shall continue to be assessed under Section
1410-20.12a of this Code during the review period and become due
15upon a final determination of the regional superintendent of
16schools that the student is a nonresident.
17    Within 5 calendar days after receipt of the decision of
18the board pursuant to this subsection (c) of this Section, the
19person who enrolled the pupil may petition the regional
20superintendent of schools who exercises supervision and
21control of the board to review the board's decision. The
22petition must include the basis for the request and be sent by
23certified mail, return receipt requested, to both the regional
24superintendent of schools and the district superintendent.
25    Within 5 calendar days after receipt of the petition, the
26board must deliver to the regional superintendent of schools

 

 

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

 

 

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

 

 

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

 

 

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1attendance at the schools of the district pending the decision
2of the board or regional superintendent of schools, as
3applicable, and the school district's payments under Section
418-8.05 of this Code shall not be adjusted due to tuition
5collection under this Section. However, attendance of that
6pupil in the schools of the district as authorized by this
7subsection (d) shall not relieve any person who enrolled the
8pupil of the obligation to pay the tuition charged for that
9attendance under Section 10-20.12a if the final decision of
10the board or regional superintendent of schools is that the
11pupil is a nonresident of the district. If a pupil is
12determined to be a nonresident of the district for whom
13tuition is required to be charged pursuant to this Section,
14the board shall refuse to permit the pupil to continue
15attending the schools of the district unless the required
16tuition is paid for the pupil.
17    (d-5) If a hearing is requested under subsection (c-5) of
18this Section to review the determination of the board of
19education that a nonresident pupil is attending the schools of
20the district without payment of the tuition required to be
21charged under Section 10-20.12a of this Code, the pupil may,
22at the request of the person who enrolled the pupil, continue
23attendance at the schools of the district pending a final
24decision of the board following the hearing. However,
25attendance of that pupil in the schools of the district as
26authorized by this subsection (d-5) shall not relieve any

 

 

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

 

 

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