94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2670

 

Introduced 1/20/2006, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.12b
30 ILCS 805/8.30 new

    Amends the School Code. With respect to residency, provides that "legal custody" includes custody by an adult who demonstrates that he or she has assumed and exercises primary (instead of legal) responsibility for the pupil. Provides that a school district must require an adult claiming custody because he or she exercises primary responsibility for the pupil to complete and sign an Affidavit of Residency. Provides that an adult establishing certain types of custody is authorized and must agree to act in the place of the parent with respect to certain decisions and contacts. Provides that once certain types of custody are established, the school district is no longer responsible for communicating with the parents of a pupil unless a parent asserts custody. Provides that once a school board has made its decision with regard to a residency hearing, any party to the hearing may appeal the decision to the State Superintendent of Education. Provides that the decision of the State Superintendent of Education is final and subject to judicial review. Makes related changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2670 LRB094 17992 LJB 53295 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Section
5 10-20.12b as follows:
 
6     (105 ILCS 5/10-20.12b)
7     Sec. 10-20.12b. Residency; payment of tuition; hearing;
8 criminal 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
17         resides for reasons other than to have access to the
18         educational programs of the district.
19             (iii) Custody exercised under a statutory
20         short-term guardianship, provided that within 60 days
21         of the pupil's enrollment a court order is entered that
22         establishes a permanent guardianship and grants
23         custody to a person with whom the pupil resides for
24         reasons other than to have access to the educational
25         programs of the district.
26             (iv) Custody exercised by an adult caretaker
27         relative who is receiving aid under the Illinois Public
28         Aid Code for the pupil who resides with that adult
29         caretaker relative for purposes other than to have
30         access to the educational programs of the district.
31             (v) Custody exercised by an adult who demonstrates
32         that, in fact, he or she has assumed and exercises

 

 

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1         primary legal responsibility for the pupil and
2         provides the pupil with a regular fixed night-time
3         abode for purposes other than to have access to the
4         educational programs of the district.
5     (a-5) If a pupil's change of residence is due to the
6 military service obligation of a person who has legal custody
7 of the pupil, then, upon the written request of the person
8 having legal custody of the pupil, the residence of the pupil
9 is deemed for all purposes relating to enrollment (including
10 tuition, fees, and costs), for the duration of the custodian's
11 military service obligation, to be the same as the residence of
12 the pupil immediately before the change of residence caused by
13 the military service obligation. A school district is not
14 responsible for providing transportation to or from school for
15 a pupil whose residence is determined under this subsection
16 (a-5). School districts shall facilitate re-enrollment when
17 necessary to comply with this subsection (a-5).
18     (a-10) A school district must require an adult claiming
19 custody under item (v) of subdivision (2) of subsection (a) of
20 this Section to complete and sign an Affidavit of Residency and
21 Enrollment, developed by the State Board of Education, prior to
22 enrollment of the pupil. An adult who establishes custody under
23 item (iv) or (v) of subdivision (2) of subsection (a) of this
24 Section is authorized and must agree to act in the place of the
25 parent of the pupil with respect to the pupil's education
26 decisions and to be the person the school contacts regarding
27 truancy, discipline, and school-based medical care. Once
28 custody is established under item (iv) or (v) of subdivision
29 (2) of subsection (a) of this Section, a school district is no
30 longer responsible for communicating with the parent or parents
31 of the pupil, unless and until a parent steps forward to assert
32 custody. Custody established under item (iv) or (v) of
33 subdivision (2) of subsection (a) of this Section may be
34 cancelled at any time upon written assertion by a parent or
35 legal guardian of his or her custody rights with respect to the
36 pupil.

 

 

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1     (b) Except as otherwise provided under Section 10-22.5a,
2 only resident pupils of a school district may attend the
3 schools of the district without payment of the tuition required
4 to be charged under Section 10-20.12a. However, children for
5 whom the Guardianship Administrator of the Department of
6 Children and Family Services has been appointed temporary
7 custodian or guardian of the person of a child shall not be
8 charged tuition as a nonresident pupil if the child was placed
9 by the Department of Children and Family Services with a foster
10 parent or placed in another type of child care facility and the
11 foster parent or child care facility is located in a school
12 district other than the child's former school district and it
13 is determined by the Department of Children and Family Services
14 to be in the child's best interest to maintain attendance at
15 his or her former school district.
16     (c) The provisions of this subsection do not apply in
17 school districts having a population of 500,000 or more. If a
18 school board in a school district with a population of less
19 than 500,000 determines that a pupil who is attending school in
20 the district on a tuition free basis is a nonresident of the
21 district for whom tuition is required to be charged under
22 Section 10-20.12a, the board shall notify the person who
23 enrolled the pupil of the amount of the tuition charged under
24 Section 10-20.12a that is due to the district for the
25 nonresident pupil's attendance in the district's schools. The
26 notice shall be given by certified mail, return receipt
27 requested. Within 10 days after receipt of the notice, the
28 person who enrolled the pupil may request a hearing to review
29 the determination of the school board. The request shall be
30 sent by certified mail, return receipt requested, to the
31 district superintendent. Within 10 days after receipt of the
32 request, the board shall notify, by certified mail, return
33 receipt requested, the person requesting the hearing of the
34 time and place of the hearing, which shall be held not less
35 than 10 nor more than 20 days after the notice of hearing is
36 given. The board or a hearing officer designated by the board

 

 

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1 shall conduct the hearing. The board and the person who
2 enrolled the pupil may be represented at the hearing by
3 representatives of their choice. At the hearing, the person who
4 enrolled the pupil shall have the burden of going forward with
5 the evidence concerning the pupil's residency. If the hearing
6 is conducted by a hearing officer, the hearing officer, within
7 5 days after the conclusion of the hearing, shall send a
8 written report of his or her findings by certified mail, return
9 receipt requested, to the school board and to the person who
10 enrolled the pupil. The person who enrolled the pupil may,
11 within 5 days after receiving the findings, file written
12 objections to the findings with the school board by sending the
13 objections by certified mail, return receipt requested,
14 addressed to the district superintendent. Whether the hearing
15 is conducted by the school board or a hearing officer, the
16 school board shall, within 15 days after the conclusion of the
17 hearing, decide whether or not the pupil is a resident of the
18 district and the amount of any tuition required to be charged
19 under Section 10-20.12a as a result of the pupil's attendance
20 in the schools of the district. The school board shall send a
21 copy of its decision to the person who enrolled the pupil, and
22 the decision of the school board shall be final. After the
23 school board has made its decision, any party to the hearing
24 may appeal the decision in writing by certified mail, return
25 receipt requested, to the State Superintendent of Education.
26 The decision of the State Superintendent of Education shall be
27 final and subject to judicial review under the Administrative
28 Review Law. The State Board of Education may adopt and enforce
29 any rules necessary to implement and administer this subsection
30 (c).
31     (c-5) The provisions of this subsection apply only in
32 school districts having a population of 500,000 or more. If the
33 board of education of a school district with a population of
34 500,000 or more determines that a pupil who is attending school
35 in the district on a tuition free basis is a nonresident of the
36 district for whom tuition is required to be charged under

 

 

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1 Section 10-20.12a, the board shall notify the person who
2 enrolled the pupil of the amount of the tuition charged under
3 Section 10-20.12a that is due to the district for the
4 nonresident pupil's attendance in the district's schools. The
5 notice shall be given by certified mail, return receipt
6 requested. Within 10 days after receipt of the notice, the
7 person who enrolled the pupil may request a hearing to review
8 the determination of the school board. The request shall be
9 sent by certified mail, return receipt requested, to the
10 district superintendent. Within 30 days after receipt of the
11 request, the board shall notify, by certified mail, return
12 receipt requested, the person requesting the hearing of the
13 time and place of the hearing, which shall be held not less
14 than 10 nor more than 30 days after the notice of hearing is
15 given. The board or a hearing officer designated by the board
16 shall conduct the hearing. The board and the person who
17 enrolled the pupil may each be represented at the hearing by a
18 representative of their choice. At the hearing, the person who
19 enrolled the pupil shall have the burden of going forward with
20 the evidence concerning the pupil's residency. If the hearing
21 is conducted by a hearing officer, the hearing officer, within
22 20 days after the conclusion of the hearing, shall serve a
23 written report of his or her findings by personal service or by
24 certified mail, return receipt requested, to the school board
25 and to the person who enrolled the pupil. The person who
26 enrolled the pupil may, within 10 days after receiving the
27 findings, file written objections to the findings with the
28 board of education by sending the objections by certified mail,
29 return receipt requested, addressed to the general
30 superintendent of schools. If the hearing is conducted by the
31 board of education, the board shall, within 45 days after the
32 conclusion of the hearing, decide whether or not the pupil is a
33 resident of the district and the amount of any tuition required
34 to be charged under Section 10-20.12a as a result of the
35 pupil's attendance in the schools of the district. If the
36 hearing is conducted by a hearing officer, the board of

 

 

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1 education shall, within 45 days after the receipt of the
2 hearing officer's findings, decide whether or not the pupil is
3 a resident of the district and the amount of any tuition
4 required to be charged under Section 10-20.12a as a result of
5 the pupil's attendance in the schools of the district. The
6 board of education shall send, by certified mail, return
7 receipt requested, a copy of its decision to the person who
8 enrolled the pupil, and the decision of the board shall be
9 final. After the board of education has made its decision, any
10 party to the hearing may appeal the decision in writing by
11 certified mail, return receipt requested, to the State
12 Superintendent of Education. The decision of the State
13 Superintendent of Education shall be final and subject to
14 judicial review under the Administrative Review Law. The State
15 Board of Education may adopt and enforce any rules necessary to
16 implement and administer this subsection (c-5).
17     (d) If a hearing is requested under subsection (c) or (c-5)
18 to review the determination of the school board or board of
19 education that a nonresident pupil is attending the schools of
20 the district without payment of the tuition required to be
21 charged under Section 10-20.12a, the pupil may, at the request
22 of a person who enrolled the pupil, continue attendance at the
23 schools of the district pending a final decision of the board
24 following the hearing and, if applicable, the final decision of
25 the State Superintendent of Education. However, attendance of
26 that pupil in the schools of the district as authorized by this
27 subsection (d) shall not relieve any person who enrolled the
28 pupil of the obligation to pay the tuition charged for that
29 attendance under Section 10-20.12a if the final decision of the
30 board or, if applicable, the final decision of the State
31 Superintendent of Education is that the pupil is a nonresident
32 of the district. If a pupil is determined to be a nonresident
33 of the district for whom tuition is required to be charged
34 pursuant to this Section, the board shall refuse to permit the
35 pupil to continue attending the schools of the district unless
36 the required tuition is paid for the pupil.

 

 

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1     (e) Except for a pupil referred to in subsection (b) of
2 Section 10-22.5a, a pupil referred to in Section 10-20.12a, or
3 a pupil referred to in subsection (b) of this Section, a person
4 who knowingly enrolls or attempts to enroll in the schools of a
5 school district on a tuition free basis a pupil known by that
6 person to be a nonresident of the district shall be guilty of a
7 Class C misdemeanor.
8     (f) A person who knowingly or wilfully presents to any
9 school district any false information regarding the residency
10 of a pupil for the purpose of enabling that pupil to attend any
11 school in that district without the payment of a nonresident
12 tuition charge shall be guilty of a Class C misdemeanor.
13     (g) The provisions of this Section are subject to the
14 provisions of the Education for Homeless Children Act. Nothing
15 in this Section shall be construed to apply to or require the
16 payment of tuition by a parent or guardian of a "homeless
17 child" (as that term is defined in Section 1-5 of the Education
18 for Homeless Children Act) in connection with or as a result of
19 the homeless child's continued education or enrollment in a
20 school that is chosen in accordance with any of the options
21 provided in Section 1-10 of that Act.
22 (Source: P.A. 94-309, eff. 7-25-05.)
 
23     Section 90. The State Mandates Act is amended by adding
24 Section 8.30 as follows:
 
25     (30 ILCS 805/8.30 new)
26     Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8
27 of this Act, no reimbursement by the State is required for the
28 implementation of any mandate created by this amendatory Act of
29 the 94th General Assembly.
 
30     Section 99. Effective date. This Act takes effect upon
31 becoming law.