Full Text of HB4606 099th General Assembly
HB4606enr 99TH GENERAL ASSEMBLY |
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| 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 |
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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 | 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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| 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 a the | 25 | | nonresident
pupil's attendance in the district's schools. The | 26 | | notice shall detail the specific reasons why the board believes |
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| 1 | | that the pupil is a nonresident of the district and shall be | 2 | | given by
certified mail, return receipt requested. Within 10 | 3 | | calendar days after receipt of the
notice, the person who | 4 | | enrolled the pupil may request a hearing to
review the | 5 | | determination of the school board. The request shall be sent by
| 6 | | certified mail, return receipt requested, to the district | 7 | | superintendent.
Within 10 calendar days after receipt of the | 8 | | request, the board shall notify, by
certified mail, return | 9 | | receipt requested, the person requesting the hearing of
the | 10 | | time and place of the hearing, which shall be held not less | 11 | | than 10 nor
more than 20 calendar days after the
notice of | 12 | | hearing is given. At least 3 calendar days prior to the | 13 | | hearing, each party shall disclose to the other party all | 14 | | written evidence and testimony that it may submit during the | 15 | | hearing and a list of witnesses that it may call to testify | 16 | | during the hearing. The hearing notice shall notify the person | 17 | | requesting the hearing that any written evidence and testimony | 18 | | or witnesses not disclosed to the other party at least 3 | 19 | | calendar days prior to the hearing are barred at the hearing | 20 | | without the consent of the other party. The board or a hearing | 21 | | officer designated by the
board shall conduct the hearing. The | 22 | | board and the person who enrolled
the pupil may be represented | 23 | | at the hearing by representatives of their
choice. At the | 24 | | hearing, the person who enrolled the pupil shall have the
| 25 | | burden of going forward with the evidence concerning the | 26 | | pupil's residency. If
the hearing is conducted by a hearing |
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| 1 | | officer, the hearing officer,
within 5 calendar days after the | 2 | | conclusion of the hearing, shall send a written report
of his | 3 | | or her findings by certified mail, return receipt requested, to | 4 | | the
school board and to the person who enrolled the pupil.
The | 5 | | person who enrolled the pupil may, within 5 calendar days
after | 6 | | receiving the findings, file written objections to the findings | 7 | | with the
school board by sending the objections by certified | 8 | | mail, return receipt
requested, addressed to the district | 9 | | superintendent.
Whether the hearing is conducted by the school | 10 | | board or a hearing officer, the
school board shall, within 30 | 11 | | calendar 15 days after the conclusion of the hearing, decide
| 12 | | whether or not the pupil is a resident of the district and the | 13 | | amount of any
tuition required to be charged under Section | 14 | | 10-20.12a as a result of the
pupil's attendance in the schools | 15 | | of the district. The school board shall send
a copy of its | 16 | | decision within 5 calendar days of its decision to the person | 17 | | who enrolled the
pupil by certified mail, return receipt | 18 | | requested. This decision must inform the person who enrolled | 19 | | the pupil that he or she may, within 5 calendar days after | 20 | | receipt of the decision of the board, petition the regional | 21 | | superintendent of schools to review the decision. The decision | 22 | | must also include notification that, at the request of the | 23 | | person who enrolled the pupil, the pupil may continue attending | 24 | | the schools of the district pending the regional superintendent | 25 | | of schools' review of the board's decision but that tuition | 26 | | shall continue to be assessed under Section 10-20.12a of this |
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| 1 | | Code during the review period and become due upon a final | 2 | | determination of the regional superintendent of schools that | 3 | | the student is a nonresident , and the decision of the school | 4 | | board shall be final .
| 5 | | Within 5 calendar days after receipt of the decision of the | 6 | | board pursuant to this subsection (c) of this Section, the | 7 | | person who enrolled the pupil may petition the regional | 8 | | superintendent of schools who exercises supervision and | 9 | | control of the board to review the board's decision. The | 10 | | petition must include the basis for the request and be sent by | 11 | | certified mail, return receipt requested, to both the regional | 12 | | superintendent of schools and the district superintendent. | 13 | | Within 5 calendar days after receipt of the petition, the | 14 | | board must deliver to the regional superintendent of schools | 15 | | the written decision of the board, any written evidence and | 16 | | testimony that was submitted by the parties during the hearing, | 17 | | a list of all witnesses that testified during the hearing, and | 18 | | any existing written minutes or transcript of the hearing or | 19 | | verbatim record of the hearing in the form of an audio or video | 20 | | recording documenting the hearing. The board may also provide | 21 | | the regional superintendent of schools and the petitioner with | 22 | | a written response to the petition. The regional superintendent | 23 | | of schools' review of the board's decision is limited to the | 24 | | documentation submitted to the regional superintendent of | 25 | | schools pursuant to this Section. | 26 | | Within 10 calendar days after receipt of the documentation |
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| 1 | | provided by the school district pursuant to this Section, the | 2 | | regional superintendent of schools shall issue a written | 3 | | decision as to whether or not there is clear and convincing | 4 | | evidence that the pupil is a resident of the district pursuant | 5 | | to this Section and eligible to attend the district's schools | 6 | | on a tuition-free basis. The decision shall be transmitted to | 7 | | the board and the person who enrolled the pupil and shall, with | 8 | | specificity, detail the rationale behind the decision. | 9 | | (c-5) The provisions of this subsection apply only in | 10 | | school districts
having a population of 500,000 or more. If the | 11 | | board of education of a school
district with a population of | 12 | | 500,000 or more determines that a pupil who is
attending school | 13 | | in the district on a tuition free basis is a nonresident of
the | 14 | | district for whom tuition is required to be charged under | 15 | | Section
10-20.12a, the board shall notify the person who | 16 | | enrolled the pupil of the
amount of the tuition charged under | 17 | | Section 10-20.12a that is due to the
district for the | 18 | | nonresident pupil's attendance in the district's schools. The
| 19 | | notice shall be given by certified mail, return receipt | 20 | | requested. Within 10 calendar
days after receipt of the notice, | 21 | | the person who enrolled the pupil may request
a hearing to | 22 | | review the determination of the school board. The request shall
| 23 | | be sent by certified mail, return receipt requested, to the | 24 | | district
superintendent. Within 30 calendar days after receipt | 25 | | of the
request, the board shall notify, by certified mail, | 26 | | return receipt requested,
the person requesting the hearing of |
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| 1 | | the time and place of the hearing, which
shall be held not less | 2 | | than 10 calendar nor more than 30 calendar days after the | 3 | | notice of
hearing is given. The board or a hearing officer | 4 | | designated by the board shall
conduct the hearing. The board | 5 | | and the person who enrolled the pupil may each
be represented | 6 | | at the hearing by a representative of their choice. At the
| 7 | | hearing, the person who enrolled the pupil shall have the | 8 | | burden of going
forward with the evidence concerning the | 9 | | pupil's residency. If the hearing is
conducted by a hearing | 10 | | officer, the hearing officer, within 20 calendar days after the
| 11 | | conclusion of the hearing, shall serve a written report of his | 12 | | or her findings
by personal service or by certified mail, | 13 | | return receipt requested, to the
school board and to the person | 14 | | who enrolled the pupil. The person who enrolled
the pupil may, | 15 | | within 10 calendar days after receiving the findings, file | 16 | | written
objections to the findings with the board of education | 17 | | by sending the
objections by certified mail, return receipt | 18 | | requested, addressed to the
general superintendent of schools. | 19 | | If the hearing is conducted by the board of
education, the | 20 | | board shall, within 45 calendar days after the
conclusion of | 21 | | the hearing, decide whether or not the pupil is a resident of | 22 | | the
district and the amount of any tuition required to be | 23 | | charged under Section
10-20.12a as a result of the pupil's | 24 | | attendance in the schools of the district.
If the hearing is | 25 | | conducted by a hearing officer, the board of education
shall, | 26 | | within 45 days after the receipt of the hearing officer's |
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| 1 | | findings,
decide whether or not the pupil is a resident of the | 2 | | district and the amount of
any tuition required to be charged | 3 | | under Section 10-20.12a as a result of the
pupil's attendance | 4 | | in the schools of the district. The board of education
shall | 5 | | send, by certified mail, return receipt requested, a copy of | 6 | | its decision
to the person who enrolled the pupil, and the | 7 | | decision of the board shall be
final.
| 8 | | (d) If a hearing is requested under subsection (c) of this | 9 | | Section or (c-5) to review
the determination of the school | 10 | | board or board of education that a nonresident pupil is | 11 | | attending the schools of the
district without payment of the | 12 | | tuition required to be charged under Section
10-20.12a, the | 13 | | pupil may, at the request of the a person who enrolled
the | 14 | | pupil, continue attendance at the schools of the district | 15 | | pending the a final
decision of the board or regional | 16 | | superintendent of schools, as applicable, and the school | 17 | | district's payments under Section 18-8.05 of this Code shall | 18 | | not be adjusted due to tuition collection under this Section. | 19 | | of the board following the hearing. However, attendance of
that | 20 | | pupil in the schools of the district as authorized by this | 21 | | subsection (d)
shall not relieve any person who enrolled the | 22 | | pupil of the obligation to pay
the tuition
charged for that | 23 | | attendance under Section 10-20.12a if the final decision of
the | 24 | | board or regional superintendent of schools is that the pupil | 25 | | is a nonresident of the district.
If a pupil is determined to | 26 | | be a nonresident of the district for whom tuition
is required |
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| 1 | | to be charged pursuant to this Section, the board shall
refuse | 2 | | to permit the pupil to continue attending the schools of the | 3 | | district
unless the required tuition is paid for the pupil.
| 4 | | (d-5) If a hearing is requested under subsection (c-5) of | 5 | | this Section to review the determination of the board of | 6 | | education that a nonresident pupil is attending the schools of | 7 | | the district without payment of the tuition required to be | 8 | | charged under Section 10-20.12a of this Code, the pupil may, at | 9 | | the request of the person who enrolled the pupil, continue | 10 | | attendance at the schools of the district pending a final | 11 | | decision of the board following the hearing. However, | 12 | | attendance of that pupil in the schools of the district as | 13 | | authorized by this subsection (d-5) shall not relieve any | 14 | | person who enrolled the pupil of the obligation to pay the | 15 | | tuition charged for that attendance under Section 10-20.12a of | 16 | | this Code if the final decision of the board is that the pupil | 17 | | is a nonresident of the district. If a pupil is determined to | 18 | | be a nonresident of the district for whom tuition is required | 19 | | to be charged pursuant to this Section, the board shall refuse | 20 | | to permit the pupil to continue attending the schools of the | 21 | | district unless the required tuition is paid for the pupil. | 22 | | (e) Except for a pupil referred to in subsection (b) of | 23 | | Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or | 24 | | a pupil referred to in subsection
(b) of this Section, a person | 25 | | who knowingly enrolls or
attempts to enroll in the schools of a | 26 | | school district on a tuition free basis
a pupil known by that |
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| 1 | | person to be a nonresident of the district shall be
guilty of a | 2 | | Class C misdemeanor.
| 3 | | (f) A person who knowingly or wilfully presents to any | 4 | | school district any
false information regarding the residency | 5 | | of a pupil for the purpose of
enabling that pupil to attend any | 6 | | school in that district without the payment
of a nonresident | 7 | | tuition charge shall be guilty of a Class C misdemeanor.
| 8 | | (g) The provisions of this Section are subject to the | 9 | | provisions of the
Education for Homeless Children Act. Nothing | 10 | | in this Section shall be
construed to apply to or require the | 11 | | payment of tuition by a parent or guardian
of a "homeless | 12 | | child" (as that term is defined in Section 1-5 of the Education
| 13 | | for Homeless Children Act) in connection with or as a result of | 14 | | the homeless
child's continued education or enrollment in a | 15 | | school that is chosen in
accordance with any of the options | 16 | | provided in Section 1-10 of that Act.
| 17 | | (Source: P.A. 94-309, eff. 7-25-05.)
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