Full Text of SB2824 103rd General Assembly
SB2824sam002 103RD GENERAL ASSEMBLY | Sen. Steve McClure Filed: 3/13/2024 | | 10300SB2824sam002 | | LRB103 36735 RJT 70814 a |
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| 1 | | AMENDMENT TO SENATE BILL 2824
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2824, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The School Code is amended by changing Section | 6 | | 10-20.12b as follows: | 7 | | (105 ILCS 5/10-20.12b) | 8 | | Sec. 10-20.12b. Residency; payment of tuition; hearing; | 9 | | criminal penalty. | 10 | | (a) For purposes of this Section: | 11 | | (1) The residence of a person who has legal custody of | 12 | | a pupil is deemed to be the residence of the pupil. | 13 | | (2) "Legal custody" means one of the following: | 14 | | (i) Custody exercised by a natural or adoptive | 15 | | parent with whom the pupil resides. | 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 | 3 | | educational programs of the district. | 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 | 7 | | that 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 | 10 | | programs of the district. | 11 | | (iv) Custody exercised by an adult caretaker | 12 | | relative who is receiving aid under the Illinois | 13 | | Public Aid Code for the pupil who resides with that | 14 | | adult caretaker relative for purposes other than to | 15 | | have access to the educational programs of the | 16 | | district. | 17 | | (v) Custody exercised by an adult who demonstrates | 18 | | that, in fact, he or she has assumed and exercises | 19 | | legal responsibility for the pupil and provides the | 20 | | pupil with a regular fixed night-time abode for | 21 | | purposes other than to have access to the educational | 22 | | programs of the district. | 23 | | (a-5) If a pupil's change of residence is due to the | 24 | | military service obligation of a person who has legal custody | 25 | | of the pupil, then, upon the written request of the person | 26 | | having legal custody of the pupil, the residence of the pupil |
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| 1 | | is deemed for all purposes relating to enrollment (including | 2 | | tuition, fees, and costs), for the duration of the custodian's | 3 | | military service obligation, to be the same as the residence | 4 | | of the pupil immediately before the change of residence caused | 5 | | by the military service obligation. A school district is not | 6 | | responsible for providing transportation to or from school for | 7 | | a pupil whose residence is determined under this subsection | 8 | | (a-5). School districts shall facilitate re-enrollment when | 9 | | necessary to comply with this subsection (a-5). | 10 | | (b) Except as otherwise provided under Section 10-22.5a, | 11 | | only resident pupils of a school district may attend the | 12 | | schools of the district without payment of the tuition | 13 | | required to be charged under Section 10-20.12a. However, (i) a | 14 | | child children for whom the Guardianship Administrator of the | 15 | | Department of Children and Family Services has been appointed | 16 | | temporary custodian or guardian of the person of the a child | 17 | | and who shall not be charged tuition as a nonresident pupil if | 18 | | the child was placed by the Department of Children and Family | 19 | | Services with a foster parent or placed in another type of | 20 | | child care facility or (ii) a child who has been removed from | 21 | | the child's parent or guardian by the Department of Children | 22 | | and Family Services as part of a safety plan shall not be | 23 | | charged tuition as a nonresident pupil if and the foster | 24 | | parent , or child care facility , relative caregiver, or | 25 | | non-custodial parent is located in a school district other | 26 | | than the child's former school district and it is determined |
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| 1 | | by the Department of Children and Family Services to be in the | 2 | | child's best interest to maintain attendance at the child's | 3 | | his or her former school district. | 4 | | (c) The provisions of this subsection do not apply in | 5 | | school districts having a population of 500,000 or more. If a | 6 | | school board in a school district with a population of less | 7 | | than 500,000 determines that a pupil who is attending school | 8 | | in the district on a tuition free basis is a nonresident of the | 9 | | district for whom tuition is required to be charged under | 10 | | Section 10-20.12a, the board shall notify the person who | 11 | | enrolled the pupil of the amount of the tuition charged under | 12 | | Section 10-20.12a that is due to the district for a | 13 | | nonresident pupil's attendance in the district's schools. The | 14 | | notice shall detail the specific reasons why the board | 15 | | believes that the pupil is a nonresident of the district and | 16 | | shall be given by certified mail, return receipt requested. | 17 | | Within 10 calendar days after receipt of the notice, the | 18 | | person who enrolled the pupil may request a hearing to review | 19 | | the determination of the school board. The request shall be | 20 | | sent by certified mail, return receipt requested, to the | 21 | | district superintendent. Within 10 calendar days after receipt | 22 | | of the request, the board shall notify, by certified mail, | 23 | | return receipt requested, the person requesting the hearing of | 24 | | the time and place of the hearing, which shall be held not less | 25 | | than 10 nor more than 20 calendar days after the notice of | 26 | | hearing is given. At least 3 calendar days prior to the |
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| 1 | | hearing, each party shall disclose to the other party all | 2 | | written evidence and testimony that it may submit during the | 3 | | hearing and a list of witnesses that it may call to testify | 4 | | during the hearing. The hearing notice shall notify the person | 5 | | requesting the hearing that any written evidence and testimony | 6 | | or witnesses not disclosed to the other party at least 3 | 7 | | calendar days prior to the hearing are barred at the hearing | 8 | | without the consent of the other party. The board or a hearing | 9 | | officer designated by the board shall conduct the hearing. The | 10 | | board and the person who enrolled the pupil may be represented | 11 | | at the hearing by representatives of their choice. At the | 12 | | hearing, the person who enrolled the pupil shall have the | 13 | | burden of going forward with the evidence concerning the | 14 | | pupil's residency. If the hearing is conducted by a hearing | 15 | | officer, the hearing officer, within 5 calendar days after the | 16 | | conclusion of the hearing, shall send a written report of his | 17 | | or her findings by certified mail, return receipt requested, | 18 | | to the school board and to the person who enrolled the pupil. | 19 | | The person who enrolled the pupil may, within 5 calendar days | 20 | | after receiving the findings, file written objections to the | 21 | | findings with the school board by sending the objections by | 22 | | certified mail, return receipt requested, addressed to the | 23 | | district superintendent. Whether the hearing is conducted by | 24 | | the school board or a hearing officer, the school board shall, | 25 | | within 30 calendar days after the conclusion of the hearing, | 26 | | decide whether or not the pupil is a resident of the district |
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| 1 | | and the amount of any tuition required to be charged under | 2 | | Section 10-20.12a as a result of the pupil's attendance in the | 3 | | schools of the district. The school board shall send a copy of | 4 | | its decision within 5 calendar days of its decision to the | 5 | | person who enrolled the pupil by certified mail, return | 6 | | receipt requested. This decision must inform the person who | 7 | | enrolled the pupil that he or she may, within 5 calendar days | 8 | | after receipt of the decision of the board, petition the | 9 | | regional superintendent of schools to review the decision. The | 10 | | decision must also include notification that, at the request | 11 | | of the person who enrolled the pupil, the pupil may continue | 12 | | attending the schools of the district pending the regional | 13 | | superintendent of schools' review of the board's decision but | 14 | | that tuition shall continue to be assessed under Section | 15 | | 10-20.12a of this Code during the review period and become due | 16 | | upon a final determination of the regional superintendent of | 17 | | schools that the student is a nonresident. | 18 | | Within 5 calendar days after receipt of the decision of | 19 | | the board pursuant to this subsection (c) of this Section, the | 20 | | person who enrolled the pupil may petition the regional | 21 | | superintendent of schools who exercises supervision and | 22 | | control of the board to review the board's decision. The | 23 | | petition must include the basis for the request and be sent by | 24 | | certified mail, return receipt requested, to both the regional | 25 | | superintendent of schools and the district superintendent. | 26 | | Within 5 calendar days after receipt of the petition, the |
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| 1 | | board must deliver to the regional superintendent of schools | 2 | | the written decision of the board, any written evidence and | 3 | | testimony that was submitted by the parties during the | 4 | | hearing, a list of all witnesses that testified during the | 5 | | hearing, and any existing written minutes or transcript of the | 6 | | hearing or verbatim record of the hearing in the form of an | 7 | | audio or video recording documenting the hearing. The board | 8 | | may also provide the regional superintendent of schools and | 9 | | the petitioner with a written response to the petition. The | 10 | | regional superintendent of schools' review of the board's | 11 | | decision is limited to the documentation submitted to the | 12 | | regional superintendent of schools pursuant to this Section. | 13 | | Within 10 calendar days after receipt of the documentation | 14 | | provided by the school district pursuant to this Section, the | 15 | | regional superintendent of schools shall issue a written | 16 | | decision as to whether or not there is clear and convincing | 17 | | evidence that the pupil is a resident of the district pursuant | 18 | | to this Section and eligible to attend the district's schools | 19 | | on a tuition-free basis. The decision shall be transmitted to | 20 | | the board and the person who enrolled the pupil and shall, with | 21 | | specificity, detail the rationale behind the decision. | 22 | | (c-5) The provisions of this subsection apply only in | 23 | | school districts having a population of 500,000 or more. If | 24 | | the board of education of a school district with a population | 25 | | of 500,000 or more determines that a pupil who is attending | 26 | | school in the district on a tuition free basis is a nonresident |
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| 1 | | of the district for whom tuition is required to be charged | 2 | | under Section 10-20.12a, the board shall notify the person who | 3 | | enrolled the pupil of the amount of the tuition charged under | 4 | | Section 10-20.12a that is due to the district for the | 5 | | nonresident pupil's attendance in the district's schools. The | 6 | | notice shall be given by certified mail, return receipt | 7 | | requested. Within 10 calendar days after receipt of the | 8 | | notice, the person who enrolled the pupil may request a | 9 | | hearing to review the determination of the school board. The | 10 | | request shall be sent by certified mail, return receipt | 11 | | requested, to the district superintendent. Within 30 calendar | 12 | | days after receipt of the request, the board shall notify, by | 13 | | certified mail, return receipt requested, the person | 14 | | requesting the hearing of the time and place of the hearing, | 15 | | which shall be held not less than 10 calendar nor more than 30 | 16 | | calendar days after the notice of hearing is given. The board | 17 | | or a hearing officer designated by the board shall conduct the | 18 | | hearing. The board and the person who enrolled the pupil may | 19 | | each be represented at the hearing by a representative of | 20 | | their choice. At the hearing, the person who enrolled the | 21 | | pupil shall have the burden of going forward with the evidence | 22 | | concerning the pupil's residency. If the hearing is conducted | 23 | | by a hearing officer, the hearing officer, within 20 calendar | 24 | | days after the conclusion of the hearing, shall serve a | 25 | | written report of his or her findings by personal service or by | 26 | | certified mail, return receipt requested, to the school board |
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| 1 | | and to the person who enrolled the pupil. The person who | 2 | | enrolled the pupil may, within 10 calendar days after | 3 | | receiving the findings, file written objections to the | 4 | | findings with the board of education by sending the objections | 5 | | by certified mail, return receipt requested, addressed to the | 6 | | general superintendent of schools. If the hearing is conducted | 7 | | by the board of education, the board shall, within 45 calendar | 8 | | days after the conclusion of the hearing, decide whether or | 9 | | not the pupil is a resident of the district and the amount of | 10 | | any tuition required to be charged under Section 10-20.12a as | 11 | | a result of the pupil's attendance in the schools of the | 12 | | district. If the hearing is conducted by a hearing officer, | 13 | | the board of education shall, within 45 days after the receipt | 14 | | of the hearing officer's findings, decide whether or not the | 15 | | pupil is a resident of the district and the amount of any | 16 | | tuition required to be charged under Section 10-20.12a as a | 17 | | result of the pupil's attendance in the schools of the | 18 | | district. The board of education shall send, by certified | 19 | | mail, return receipt requested, a copy of its decision to the | 20 | | person who enrolled the pupil, and the decision of the board | 21 | | shall be final. | 22 | | (d) If a hearing is requested under subsection (c) of this | 23 | | Section to review the determination of the school board or | 24 | | board of education that a nonresident pupil is attending the | 25 | | schools of the district without payment of the tuition | 26 | | required to be charged under Section 10-20.12a, the pupil may, |
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| 1 | | at the request of the person who enrolled the pupil, continue | 2 | | attendance at the schools of the district pending the decision | 3 | | of the board or regional superintendent of schools, as | 4 | | applicable, and the school district's payments under Section | 5 | | 18-8.05 of this Code shall not be adjusted due to tuition | 6 | | collection under this Section. However, attendance of that | 7 | | pupil in the schools of the district as authorized by this | 8 | | subsection (d) shall not relieve any person who enrolled the | 9 | | pupil of the obligation to pay the tuition charged for that | 10 | | attendance under Section 10-20.12a if the final decision of | 11 | | the board or regional superintendent of schools is that the | 12 | | pupil is a nonresident of the district. If a pupil is | 13 | | determined to be a nonresident of the district for whom | 14 | | tuition is required to be charged pursuant to this Section, | 15 | | the board shall refuse to permit the pupil to continue | 16 | | attending the schools of the district unless the required | 17 | | tuition is paid for the pupil. | 18 | | (d-5) If a hearing is requested under subsection (c-5) of | 19 | | this Section to review the determination of the board of | 20 | | education that a nonresident pupil is attending the schools of | 21 | | the district without payment of the tuition required to be | 22 | | charged under Section 10-20.12a of this Code, the pupil may, | 23 | | at the request of the person who enrolled the pupil, continue | 24 | | attendance at the schools of the district pending a final | 25 | | decision of the board following the hearing. However, | 26 | | attendance of that pupil in the schools of the district as |
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| 1 | | authorized by this subsection (d-5) shall not relieve any | 2 | | person who enrolled the pupil of the obligation to pay the | 3 | | tuition charged for that attendance under Section 10-20.12a of | 4 | | this Code if the final decision of the board is that the pupil | 5 | | is a nonresident of the district. If a pupil is determined to | 6 | | be a nonresident of the district for whom tuition is required | 7 | | to be charged pursuant to this Section, the board shall refuse | 8 | | to permit the pupil to continue attending the schools of the | 9 | | district unless the required tuition is paid for the pupil. | 10 | | (e) Except for a pupil referred to in subsection (b) of | 11 | | Section 10-22.5a, a pupil referred to in Section 10-20.12a, or | 12 | | a pupil referred to in subsection (b) of this Section, a person | 13 | | who knowingly enrolls or attempts to enroll in the schools of a | 14 | | school district on a tuition free basis a pupil known by that | 15 | | person to be a nonresident of the district shall be guilty of a | 16 | | Class C misdemeanor. | 17 | | (f) A person who knowingly or wilfully presents to any | 18 | | school district any false information regarding the residency | 19 | | of a pupil for the purpose of enabling that pupil to attend any | 20 | | school in that district without the payment of a nonresident | 21 | | tuition charge shall be guilty of a Class C misdemeanor. | 22 | | (g) The provisions of this Section are subject to the | 23 | | provisions of the Education for Homeless Children Act. Nothing | 24 | | in this Section shall be construed to apply to or require the | 25 | | payment of tuition by a parent or guardian of a "homeless | 26 | | child" (as that term is defined in Section 1-5 of the Education |
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| 1 | | for Homeless Children Act) in connection with or as a result of | 2 | | the homeless child's continued education or enrollment in a | 3 | | school that is chosen in accordance with any of the options | 4 | | provided in Section 1-10 of that Act. | 5 | | (Source: P.A. 99-670, eff. 1-1-17 .)". |
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