Full Text of HB1473 95th General Assembly
HB1473 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1473
Introduced 2/21/2007, by Rep. Rich Brauer SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-20.12b |
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30 ILCS 805/8.31 new |
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Amends the School Code. Requires a school district to allow a child who is not a resident of the district to attend the schools of the district without payment of nonresident tuition if the child's parent or legal guardian is a certified employee of the district. Amends the State Mandates Act to require implementation without reimbursement.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1473 |
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LRB095 03548 NHT 23552 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 10-20.12b as follows:
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| (105 ILCS 5/10-20.12b)
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| Sec. 10-20.12b. Residency; payment of tuition; hearing; | 8 |
| criminal penalty.
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| (a) For purposes of this Section:
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| (1) The residence of a person who has legal custody of | 11 |
| a pupil is
deemed to be the residence of the pupil.
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| (2) "Legal custody" means one of the following:
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| (i) Custody exercised by a natural or adoptive | 14 |
| parent with whom the
pupil resides.
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| (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
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| educational programs of the district.
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| (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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LRB095 03548 NHT 23552 b |
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| reasons other than to have access to the educational
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| programs of the district.
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| (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.
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| (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.
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| (a-5) If a pupil's change of residence is due to the | 15 |
| military service obligation of a person who has legal custody | 16 |
| of the pupil, then, upon the written request of the person | 17 |
| having legal custody of the pupil, the residence of the pupil | 18 |
| is deemed for all purposes relating to enrollment (including | 19 |
| tuition, fees, and costs), for the duration of the custodian's | 20 |
| military service obligation, to be the same as the residence of | 21 |
| the pupil immediately before the change of residence caused by | 22 |
| the military service obligation. A school district is not | 23 |
| responsible for providing transportation to or from school for | 24 |
| a pupil whose residence is determined under this subsection | 25 |
| (a-5). School districts shall facilitate re-enrollment when | 26 |
| necessary to comply with this subsection (a-5).
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| (b) Except as otherwise provided under this Section and
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| Section 10-22.5a, only resident
pupils of a school district may | 3 |
| attend the schools of the district without
payment of the | 4 |
| tuition required to be charged under Section 10-20.12a.
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| Children
However, children for whom the Guardianship | 6 |
| Administrator of the Department of
Children and Family Services | 7 |
| has been appointed temporary custodian or guardian
of the | 8 |
| person of a child shall not be charged tuition as a nonresident | 9 |
| pupil if
the child was placed by the Department of Children and | 10 |
| Family Services with a
foster parent or placed in another type | 11 |
| of child care facility and the foster
parent or child care | 12 |
| facility is located in a school district other than
the child's | 13 |
| former school district and it is determined by the Department | 14 |
| of
Children and Family Services to be in the child's
best | 15 |
| interest to maintain attendance at his or her former school | 16 |
| district. A school district shall allow a child who is not a | 17 |
| resident of the district to attend the schools of the district | 18 |
| without payment of the tuition required to be charged under | 19 |
| Section 10-20.12a if the child's parent or legal guardian is a | 20 |
| certified employee of the district.
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| (c) The provisions of this subsection do not apply in | 22 |
| school districts
having a population of 500,000 or more.
If a | 23 |
| school board in a school district with a population of less | 24 |
| than
500,000 determines that a pupil who is attending school in
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| the district on a tuition free basis is a nonresident of the | 26 |
| district for whom
tuition is required to be charged under |
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| 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 10 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 20 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 be represented at the hearing by | 18 |
| representatives 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 |
| 5 days after the conclusion of the hearing, shall send a | 23 |
| written report
of his or her findings by certified mail, return | 24 |
| receipt requested, to the
school board and to the person who | 25 |
| enrolled the pupil.
The person who enrolled the pupil may, | 26 |
| within 5 days
after receiving the findings, file written |
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| objections to the findings with the
school board by sending the | 2 |
| objections by certified mail, return receipt
requested, | 3 |
| addressed to the district superintendent.
Whether the hearing | 4 |
| is conducted by the school board or a hearing officer, the
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| school board shall, within 15 days after the conclusion of the | 6 |
| hearing, decide
whether or not the pupil is a resident of the | 7 |
| district and the amount of any
tuition required to be charged | 8 |
| under Section 10-20.12a as a result of the
pupil's attendance | 9 |
| in the schools of the district. The school board shall send
a | 10 |
| copy of its decision to the person who enrolled the
pupil, and | 11 |
| the decision of the school board shall be final.
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| (c-5) The provisions of this subsection apply only in | 13 |
| school districts
having a population of 500,000 or more. If the | 14 |
| board of education of a school
district with a population of | 15 |
| 500,000 or more determines that a pupil who is
attending school | 16 |
| in the district on a tuition free basis is a nonresident of
the | 17 |
| district for whom tuition is required to be charged under | 18 |
| Section
10-20.12a, the board shall notify the person who | 19 |
| enrolled the pupil of the
amount of the tuition charged under | 20 |
| Section 10-20.12a that is due to the
district for the | 21 |
| nonresident pupil's attendance in the district's schools. The
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| notice shall be given by certified mail, return receipt | 23 |
| requested. Within 10
days after receipt of the notice, the | 24 |
| person who enrolled the pupil may request
a hearing to review | 25 |
| the determination of the school board. The request shall
be | 26 |
| sent by certified mail, return receipt requested, to the |
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| district
superintendent. Within 30 days after receipt of the
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| request, the board shall notify, by certified mail, return | 3 |
| receipt requested,
the person requesting the hearing of the | 4 |
| time and place of the hearing, which
shall be held not less | 5 |
| than 10 nor more than 30 days after the notice of
hearing is | 6 |
| given. The board or a hearing officer designated by the board | 7 |
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conduct the hearing. The board and the person who | 8 |
| enrolled the pupil may each
be represented at the hearing by a | 9 |
| representative of their choice. At the
hearing, the person who | 10 |
| enrolled the pupil shall have the burden of going
forward with | 11 |
| the evidence concerning the pupil's residency. If the hearing | 12 |
| is
conducted by a hearing officer, the hearing officer, within | 13 |
| 20 days after the
conclusion of the hearing, shall serve a | 14 |
| written report of his or her findings
by personal service or by | 15 |
| certified mail, return receipt requested, to the
school board | 16 |
| and to the person who enrolled the pupil. The person who | 17 |
| enrolled
the pupil may, within 10 days after receiving the | 18 |
| findings, file written
objections to the findings with the | 19 |
| board of education by sending the
objections by certified mail, | 20 |
| return receipt requested, addressed to the
general | 21 |
| superintendent of schools. If the hearing is conducted by the | 22 |
| board of
education, the board shall, within 45 days after the
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| conclusion of the hearing, decide whether or not the pupil is a | 24 |
| resident of the
district and the amount of any tuition required | 25 |
| to be charged under Section
10-20.12a as a result of the | 26 |
| pupil's attendance in the schools of the district.
If the |
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| hearing is conducted by a hearing officer, the board of | 2 |
| education
shall, within 45 days after the receipt of the | 3 |
| hearing officer's findings,
decide whether or not the pupil is | 4 |
| a resident of the district and the amount of
any tuition | 5 |
| required to be charged under Section 10-20.12a as a result of | 6 |
| the
pupil's attendance in the schools of the district. The | 7 |
| board of education
shall send, by certified mail, return | 8 |
| receipt requested, a copy of its decision
to the person who | 9 |
| enrolled the pupil, and the decision of the board shall be
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| final.
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| (d) If a hearing is requested under subsection (c) or (c-5) | 12 |
| to review
the determination of the school board or board of | 13 |
| education that a nonresident pupil is attending the schools of | 14 |
| the
district without payment of the tuition required to be | 15 |
| charged under Section
10-20.12a, the pupil may, at the request | 16 |
| of a person who enrolled
the pupil, continue attendance at the | 17 |
| schools of the district pending a final
decision of the board | 18 |
| following the hearing. However, attendance of
that pupil in the | 19 |
| schools of the district as authorized by this subsection (d)
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| shall not relieve any person who enrolled the pupil of the | 21 |
| obligation to pay
the tuition
charged for that attendance under | 22 |
| Section 10-20.12a if the final decision of
the board is that | 23 |
| the pupil is a nonresident of the district.
If a pupil is | 24 |
| determined to be a nonresident of the district for whom tuition
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| is required to be charged pursuant to this Section, the board | 26 |
| shall
refuse to permit the pupil to continue attending the |
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| schools of the district
unless the required tuition is paid for | 2 |
| the pupil.
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| (e) Except for a pupil referred to in subsection (b) of | 4 |
| Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or | 5 |
| a pupil referred to in subsection
(b) of this Section, a person | 6 |
| who knowingly enrolls or
attempts to enroll in the schools of a | 7 |
| school district on a tuition free basis
a pupil known by that | 8 |
| person to be a nonresident of the district shall be
guilty of a | 9 |
| Class C misdemeanor.
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| (f) A person who knowingly or wilfully presents to any | 11 |
| school district any
false information regarding the residency | 12 |
| of a pupil for the purpose of
enabling that pupil to attend any | 13 |
| school in that district without the payment
of a nonresident | 14 |
| tuition charge shall be guilty of a Class C misdemeanor.
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| (g) The provisions of this Section are subject to the | 16 |
| provisions of the
Education for Homeless Children Act. Nothing | 17 |
| in this Section shall be
construed to apply to or require the | 18 |
| payment of tuition by a parent or guardian
of a "homeless | 19 |
| child" (as that term is defined in Section 1-5 of the Education
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| for Homeless Children Act) in connection with or as a result of | 21 |
| the homeless
child's continued education or enrollment in a | 22 |
| school that is chosen in
accordance with any of the options | 23 |
| provided in Section 1-10 of that Act.
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| (Source: P.A. 94-309, eff. 7-25-05.)
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.31 as follows: | 2 |
| (30 ILCS 805/8.31 new) | 3 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 4 |
| of this Act, no reimbursement by the State is required for the | 5 |
| implementation of any mandate created by this amendatory Act of | 6 |
| the 95th General Assembly.
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