98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2389

 

Introduced 2/15/2013, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.12b

    Amends the School Code. Makes a technical change in a Section concerning pupil residency and the payment of tuition.


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A BILL FOR

 

SB2389LRB098 10307 NHT 40492 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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 The residence of a person who has legal custody
11    of 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

 

 

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1        reasons other than to have access to the educational
2        programs of the district.
3            (iv) Custody exercised by an adult caretaker
4        relative who is receiving aid under the Illinois Public
5        Aid Code for the pupil who resides with that adult
6        caretaker relative for purposes other than to have
7        access to the educational programs of the district.
8            (v) Custody exercised by an adult who demonstrates
9        that, in fact, he or she has assumed and exercises
10        legal responsibility for the pupil and provides the
11        pupil with a regular fixed night-time abode for
12        purposes other than to have access to the educational
13        programs of the district.
14    (a-5) If a pupil's change of residence is due to the
15military service obligation of a person who has legal custody
16of the pupil, then, upon the written request of the person
17having legal custody of the pupil, the residence of the pupil
18is deemed for all purposes relating to enrollment (including
19tuition, fees, and costs), for the duration of the custodian's
20military service obligation, to be the same as the residence of
21the pupil immediately before the change of residence caused by
22the military service obligation. A school district is not
23responsible for providing transportation to or from school for
24a pupil whose residence is determined under this subsection
25(a-5). School districts shall facilitate re-enrollment when
26necessary to comply with this subsection (a-5).

 

 

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1    (b) Except as otherwise provided under Section 10-22.5a,
2only resident pupils of a school district may attend the
3schools of the district without payment of the tuition required
4to be charged under Section 10-20.12a. However, children for
5whom the Guardianship Administrator of the Department of
6Children and Family Services has been appointed temporary
7custodian or guardian of the person of a child shall not be
8charged tuition as a nonresident pupil if the child was placed
9by the Department of Children and Family Services with a foster
10parent or placed in another type of child care facility and the
11foster parent or child care facility is located in a school
12district other than the child's former school district and it
13is determined by the Department of Children and Family Services
14to be in the child's best interest to maintain attendance at
15his or her former school district.
16    (c) The provisions of this subsection do not apply in
17school districts having a population of 500,000 or more. If a
18school board in a school district with a population of less
19than 500,000 determines that a pupil who is attending school in
20the district on a tuition free basis is a nonresident of the
21district for whom tuition is required to be charged under
22Section 10-20.12a, the board shall notify the person who
23enrolled the pupil of the amount of the tuition charged under
24Section 10-20.12a that is due to the district for the
25nonresident pupil's attendance in the district's schools. The
26notice shall be given by certified mail, return receipt

 

 

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1requested. Within 10 days after receipt of the notice, the
2person who enrolled the pupil may request a hearing to review
3the determination of the school board. The request shall be
4sent by certified mail, return receipt requested, to the
5district superintendent. Within 10 days after receipt of the
6request, the board shall notify, by certified mail, return
7receipt requested, the person requesting the hearing of the
8time and place of the hearing, which shall be held not less
9than 10 nor more than 20 days after the notice of hearing is
10given. The board or a hearing officer designated by the board
11shall conduct the hearing. The board and the person who
12enrolled the pupil may be represented at the hearing by
13representatives of their choice. At the hearing, the person who
14enrolled the pupil shall have the burden of going forward with
15the evidence concerning the pupil's residency. If the hearing
16is conducted by a hearing officer, the hearing officer, within
175 days after the conclusion of the hearing, shall send a
18written report of his or her findings by certified mail, return
19receipt requested, to the school board and to the person who
20enrolled the pupil. The person who enrolled the pupil may,
21within 5 days after receiving the findings, file written
22objections to the findings with the school board by sending the
23objections by certified mail, return receipt requested,
24addressed to the district superintendent. Whether the hearing
25is conducted by the school board or a hearing officer, the
26school board shall, within 15 days after the conclusion of the

 

 

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1hearing, decide whether or not the pupil is a resident of the
2district and the amount of any tuition required to be charged
3under Section 10-20.12a as a result of the pupil's attendance
4in the schools of the district. The school board shall send a
5copy of its decision to the person who enrolled the pupil, and
6the decision of the school board shall be final.
7    (c-5) The provisions of this subsection apply only in
8school districts having a population of 500,000 or more. If the
9board of education of a school district with a population of
10500,000 or more determines that a pupil who is attending school
11in the district on a tuition free basis is a nonresident of the
12district for whom tuition is required to be charged under
13Section 10-20.12a, the board shall notify the person who
14enrolled the pupil of the amount of the tuition charged under
15Section 10-20.12a that is due to the district for the
16nonresident pupil's attendance in the district's schools. The
17notice shall be given by certified mail, return receipt
18requested. Within 10 days after receipt of the notice, the
19person who enrolled the pupil may request a hearing to review
20the determination of the school board. The request shall be
21sent by certified mail, return receipt requested, to the
22district superintendent. Within 30 days after receipt of the
23request, the board shall notify, by certified mail, return
24receipt requested, the person requesting the hearing of the
25time and place of the hearing, which shall be held not less
26than 10 nor more than 30 days after the notice of hearing is

 

 

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1given. The board or a hearing officer designated by the board
2shall conduct the hearing. The board and the person who
3enrolled the pupil may each be represented at the hearing by a
4representative of their choice. At the hearing, the person who
5enrolled the pupil shall have the burden of going forward with
6the evidence concerning the pupil's residency. If the hearing
7is conducted by a hearing officer, the hearing officer, within
820 days after the conclusion of the hearing, shall serve a
9written report of his or her findings by personal service or by
10certified mail, return receipt requested, to the school board
11and to the person who enrolled the pupil. The person who
12enrolled the pupil may, within 10 days after receiving the
13findings, file written objections to the findings with the
14board of education by sending the objections by certified mail,
15return receipt requested, addressed to the general
16superintendent of schools. If the hearing is conducted by the
17board of education, the board shall, within 45 days after the
18conclusion of the hearing, decide whether or not the pupil is a
19resident of the district and the amount of any tuition required
20to be charged under Section 10-20.12a as a result of the
21pupil's attendance in the schools of the district. If the
22hearing is conducted by a hearing officer, the board of
23education shall, within 45 days after the receipt of the
24hearing officer's findings, decide whether or not the pupil is
25a resident of the district and the amount of any tuition
26required to be charged under Section 10-20.12a as a result of

 

 

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1the pupil's attendance in the schools of the district. The
2board of education shall send, by certified mail, return
3receipt requested, a copy of its decision to the person who
4enrolled the pupil, and the decision of the board shall be
5final.
6    (d) If a hearing is requested under subsection (c) or (c-5)
7to review the determination of the school board or board of
8education that a nonresident pupil is attending the schools of
9the district without payment of the tuition required to be
10charged under Section 10-20.12a, the pupil may, at the request
11of a person who enrolled the pupil, continue attendance at the
12schools of the district pending a final decision of the board
13following the hearing. However, attendance of that pupil in the
14schools of the district as authorized by this subsection (d)
15shall not relieve any person who enrolled the pupil of the
16obligation to pay the tuition charged for that attendance under
17Section 10-20.12a if the final decision of the board is that
18the pupil is a nonresident of the district. If a pupil is
19determined to be a nonresident of the district for whom tuition
20is required to be charged pursuant to this Section, the board
21shall refuse to permit the pupil to continue attending the
22schools of the district unless the required tuition is paid for
23the pupil.
24    (e) Except for a pupil referred to in subsection (b) of
25Section 10-22.5a, a pupil referred to in Section 10-20.12a, or
26a pupil referred to in subsection (b) of this Section, a person

 

 

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1who knowingly enrolls or attempts to enroll in the schools of a
2school district on a tuition free basis a pupil known by that
3person to be a nonresident of the district shall be guilty of a
4Class C misdemeanor.
5    (f) A person who knowingly or wilfully presents to any
6school district any false information regarding the residency
7of a pupil for the purpose of enabling that pupil to attend any
8school in that district without the payment of a nonresident
9tuition charge shall be guilty of a Class C misdemeanor.
10    (g) The provisions of this Section are subject to the
11provisions of the Education for Homeless Children Act. Nothing
12in this Section shall be construed to apply to or require the
13payment of tuition by a parent or guardian of a "homeless
14child" (as that term is defined in Section 1-5 of the Education
15for Homeless Children Act) in connection with or as a result of
16the homeless child's continued education or enrollment in a
17school that is chosen in accordance with any of the options
18provided in Section 1-10 of that Act.
19(Source: P.A. 94-309, eff. 7-25-05.)