Rep. Elizabeth Coulson
Filed: 4/18/2007
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1 | AMENDMENT TO HOUSE BILL 693
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2 | AMENDMENT NO. ______. Amend House Bill 693, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by changing Section | ||||||
6 | 10-20.12b as follows:
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7 | (105 ILCS 5/10-20.12b)
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8 | Sec. 10-20.12b. Residency; payment of tuition; hearing; | ||||||
9 | criminal penalty.
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10 | (a) For purposes of this Section:
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11 | (1) The residence of a person who has legal custody of | ||||||
12 | a pupil is
deemed to be the residence of the pupil.
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13 | (2) "Legal custody" means one of the following:
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14 | (i) Custody exercised by a natural or adoptive | ||||||
15 | parent with whom the
pupil resides.
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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
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3 | educational programs of the district.
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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
that | ||||||
7 | 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
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10 | programs of the district.
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11 | (iv) Custody exercised by an adult caretaker | ||||||
12 | relative who is receiving
aid under the Illinois Public | ||||||
13 | Aid Code for the pupil who resides with that
adult | ||||||
14 | caretaker relative for purposes other than to have | ||||||
15 | access to the
educational programs of the district.
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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. A court order of guardianship | ||||||
22 | is not required to establish legal custody under this | ||||||
23 | item (v).
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24 | (a-3) A school district must require an adult claiming
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25 | custody under item (v) of subdivision (2) of subsection (a) of
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26 | this Section to complete and sign an Attestation of Enrollment
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1 | and Residency, developed by the State Board of Education, prior
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2 | to enrollment of the pupil. Nothing in this subsection (a-3) | ||||||
3 | shall be construed to preclude a school district from | ||||||
4 | investigating, in appropriate cases, all facts pertinent to the | ||||||
5 | residency status of a pupil for school attendance purposes.
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6 | (a-5) If a pupil's change of residence is due to the | ||||||
7 | military service obligation of a person who has legal custody | ||||||
8 | of the pupil, then, upon the written request of the person | ||||||
9 | having legal custody of the pupil, the residence of the pupil | ||||||
10 | is deemed for all purposes relating to enrollment (including | ||||||
11 | tuition, fees, and costs), for the duration of the custodian's | ||||||
12 | military service obligation, to be the same as the residence of | ||||||
13 | the pupil immediately before the change of residence caused by | ||||||
14 | the military service obligation. A school district is not | ||||||
15 | responsible for providing transportation to or from school for | ||||||
16 | a pupil whose residence is determined under this subsection | ||||||
17 | (a-5). School districts shall facilitate re-enrollment when | ||||||
18 | necessary to comply with this subsection (a-5).
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19 | (b) Except as otherwise provided under Section 10-22.5a, | ||||||
20 | only resident
pupils of a school district may attend the | ||||||
21 | schools of the district without
payment of the tuition required | ||||||
22 | to be charged under Section 10-20.12a.
However, children for | ||||||
23 | whom the Guardianship Administrator of the Department of
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24 | Children and Family Services has been appointed temporary | ||||||
25 | custodian or guardian
of the person of a child shall not be | ||||||
26 | charged tuition as a nonresident pupil if
the child was placed |
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1 | by the Department of Children and Family Services with a
foster | ||||||
2 | parent or placed in another type of child care facility and the | ||||||
3 | foster
parent or child care facility is located in a school | ||||||
4 | district other than
the child's former school district and it | ||||||
5 | is determined by the Department of
Children and Family Services | ||||||
6 | to be in the child's
best interest to maintain attendance at | ||||||
7 | his or her former school district.
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8 | (c) The provisions of this subsection do not apply in | ||||||
9 | school districts
having a population of 500,000 or more.
If a | ||||||
10 | school board in a school district with a population of less | ||||||
11 | than
500,000 determines that a pupil who is attending school in
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12 | the district on a tuition free basis is a nonresident of the | ||||||
13 | district for whom
tuition is required to be charged under | ||||||
14 | Section 10-20.12a, the board shall
notify the person who | ||||||
15 | enrolled the pupil of the amount of the tuition
charged under | ||||||
16 | Section 10-20.12a that is due to the district for the | ||||||
17 | nonresident
pupil's attendance in the district's schools. The | ||||||
18 | notice shall be given by
certified mail, return receipt | ||||||
19 | requested. Within 10 days after receipt of the
notice, the | ||||||
20 | person who enrolled the pupil may request a hearing to
review | ||||||
21 | the determination of the school board. The request shall be | ||||||
22 | sent by
certified mail, return receipt requested, to the | ||||||
23 | district superintendent.
Within 10 days after receipt of the | ||||||
24 | request, the board shall notify, by
certified mail, return | ||||||
25 | receipt requested, the person requesting the hearing of
the | ||||||
26 | time and place of the hearing, which shall be held not less |
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1 | than 10 nor
more than 20 days after the
notice of hearing is | ||||||
2 | given. The board or a hearing officer designated by the
board | ||||||
3 | shall conduct the hearing. The board and the person who | ||||||
4 | enrolled
the pupil may be represented at the hearing by | ||||||
5 | representatives of their
choice. At the hearing, the person who | ||||||
6 | enrolled the pupil shall have the
burden of going forward with | ||||||
7 | the evidence concerning the pupil's residency. If
the hearing | ||||||
8 | is conducted by a hearing officer, the hearing officer,
within | ||||||
9 | 5 days after the conclusion of the hearing, shall send a | ||||||
10 | written report
of his or her findings by certified mail, return | ||||||
11 | receipt requested, to the
school board and to the person who | ||||||
12 | enrolled the pupil.
The person who enrolled the pupil may, | ||||||
13 | within 5 days
after receiving the findings, file written | ||||||
14 | objections to the findings with the
school board by sending the | ||||||
15 | objections by certified mail, return receipt
requested, | ||||||
16 | addressed to the district superintendent.
Whether the hearing | ||||||
17 | is conducted by the school board or a hearing officer, the
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18 | school board shall, within 15 days after the conclusion of the | ||||||
19 | hearing, decide
whether or not the pupil is a resident of the | ||||||
20 | district and the amount of any
tuition required to be charged | ||||||
21 | under Section 10-20.12a as a result of the
pupil's attendance | ||||||
22 | in the schools of the district. The school board shall send
a | ||||||
23 | copy of its decision to the person who enrolled the
pupil, and | ||||||
24 | the decision of the school board shall be final.
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25 | (c-5) The provisions of this subsection apply only in | ||||||
26 | school districts
having a population of 500,000 or more. If the |
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1 | board of education of a school
district with a population of | ||||||
2 | 500,000 or more determines that a pupil who is
attending school | ||||||
3 | in the district on a tuition free basis is a nonresident of
the | ||||||
4 | district for whom tuition is required to be charged under | ||||||
5 | Section
10-20.12a, the board shall notify the person who | ||||||
6 | enrolled the pupil of the
amount of the tuition charged under | ||||||
7 | Section 10-20.12a that is due to the
district for the | ||||||
8 | nonresident pupil's attendance in the district's schools. The
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9 | notice shall be given by certified mail, return receipt | ||||||
10 | requested. Within 10
days after receipt of the notice, the | ||||||
11 | person who enrolled the pupil may request
a hearing to review | ||||||
12 | the determination of the school board. The request shall
be | ||||||
13 | sent by certified mail, return receipt requested, to the | ||||||
14 | district
superintendent. Within 30 days after receipt of the
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15 | request, the board shall notify, by certified mail, return | ||||||
16 | receipt requested,
the person requesting the hearing of the | ||||||
17 | time and place of the hearing, which
shall be held not less | ||||||
18 | than 10 nor more than 30 days after the notice of
hearing is | ||||||
19 | given. The board or a hearing officer designated by the board | ||||||
20 | shall
conduct the hearing. The board and the person who | ||||||
21 | enrolled the pupil may each
be represented at the hearing by a | ||||||
22 | representative of their choice. At the
hearing, the person who | ||||||
23 | enrolled the pupil shall have the burden of going
forward with | ||||||
24 | the evidence concerning the pupil's residency. If the hearing | ||||||
25 | is
conducted by a hearing officer, the hearing officer, within | ||||||
26 | 20 days after the
conclusion of the hearing, shall serve a |
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1 | written report of his or her findings
by personal service or by | ||||||
2 | certified mail, return receipt requested, to the
school board | ||||||
3 | and to the person who enrolled the pupil. The person who | ||||||
4 | enrolled
the pupil may, within 10 days after receiving the | ||||||
5 | findings, file written
objections to the findings with the | ||||||
6 | board of education by sending the
objections by certified mail, | ||||||
7 | return receipt requested, addressed to the
general | ||||||
8 | superintendent of schools. If the hearing is conducted by the | ||||||
9 | board of
education, the board shall, within 45 days after the
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10 | conclusion of the hearing, decide whether or not the pupil is a | ||||||
11 | resident of the
district and the amount of any tuition required | ||||||
12 | to be charged under Section
10-20.12a as a result of the | ||||||
13 | pupil's attendance in the schools of the district.
If the | ||||||
14 | hearing is conducted by a hearing officer, the board of | ||||||
15 | education
shall, within 45 days after the receipt of the | ||||||
16 | hearing officer's findings,
decide whether or not the pupil is | ||||||
17 | a resident of the district and the amount of
any tuition | ||||||
18 | required to be charged under Section 10-20.12a as a result of | ||||||
19 | the
pupil's attendance in the schools of the district. The | ||||||
20 | board of education
shall send, by certified mail, return | ||||||
21 | receipt requested, a copy of its decision
to the person who | ||||||
22 | enrolled the pupil, and the decision of the board shall be
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23 | final.
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24 | (d) If a hearing is requested under subsection (c) or (c-5) | ||||||
25 | to review
the determination of the school board or board of | ||||||
26 | education that a nonresident pupil is attending the schools of |
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1 | the
district without payment of the tuition required to be | ||||||
2 | charged under Section
10-20.12a, the pupil may, at the request | ||||||
3 | of a person who enrolled
the pupil, continue attendance at the | ||||||
4 | schools of the district pending a final
decision of the board | ||||||
5 | following the hearing. However, attendance of
that pupil in the | ||||||
6 | schools of the district as authorized by this subsection (d)
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7 | shall not relieve any person who enrolled the pupil of the | ||||||
8 | obligation to pay
the tuition
charged for that attendance under | ||||||
9 | Section 10-20.12a if the final decision of
the board is that | ||||||
10 | the pupil is a nonresident of the district.
If a pupil is | ||||||
11 | determined to be a nonresident of the district for whom tuition
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12 | is required to be charged pursuant to this Section, the board | ||||||
13 | shall
refuse to permit the pupil to continue attending the | ||||||
14 | schools of the district
unless the required tuition is paid for | ||||||
15 | the pupil.
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16 | (e) Except for a pupil referred to in subsection (b) of | ||||||
17 | Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or | ||||||
18 | a pupil referred to in subsection
(b) of this Section, a person | ||||||
19 | who knowingly enrolls or
attempts to enroll in the schools of a | ||||||
20 | school district on a tuition free basis
a pupil known by that | ||||||
21 | person to be a nonresident of the district shall be
guilty of a | ||||||
22 | Class C misdemeanor.
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23 | (f) A person who knowingly or wilfully presents to any | ||||||
24 | school district any
false information regarding the residency | ||||||
25 | of a pupil for the purpose of
enabling that pupil to attend any | ||||||
26 | school in that district without the payment
of a nonresident |
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1 | tuition charge shall be guilty of a Class C misdemeanor.
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2 | (g) The provisions of this Section are subject to the | ||||||
3 | provisions of the
Education for Homeless Children Act. Nothing | ||||||
4 | in this Section shall be
construed to apply to or require the | ||||||
5 | payment of tuition by a parent or guardian
of a "homeless | ||||||
6 | child" (as that term is defined in Section 1-5 of the Education
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7 | for Homeless Children Act) in connection with or as a result of | ||||||
8 | the homeless
child's continued education or enrollment in a | ||||||
9 | school that is chosen in
accordance with any of the options | ||||||
10 | provided in Section 1-10 of that Act.
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11 | (Source: P.A. 94-309, eff. 7-25-05.)
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12 | Section 90. The State Mandates Act is amended by adding | ||||||
13 | Section 8.31 as follows: | ||||||
14 | (30 ILCS 805/8.31 new) | ||||||
15 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
16 | of this Act, no reimbursement by the State is required for the | ||||||
17 | implementation of any mandate created by this amendatory Act of | ||||||
18 | the 95th General Assembly.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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