Illinois General Assembly - Illinois Compiled Statutes

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105 ILCS 5/10-20.12b

(105 ILCS 5/10-20.12b)

Sec. 10-20.12b. Residency; payment of tuition; hearing; criminal penalty.

(a) For purposes of this Section:

(1) The residence of a person who has legal custody

of a pupil is deemed to be the residence of the pupil.

(2) "Legal custody" means one of the following:

(i) Custody exercised by a natural or adoptive

parent with whom the pupil resides.

(ii) Custody granted by order of a court of

competent jurisdiction to a person with whom the pupil resides for reasons other than to have access to the educational programs of the district.

(iii) Custody exercised under a statutory

short-term guardianship, provided that within 60 days of the pupil's enrollment a court order is entered that establishes a permanent guardianship and grants custody to a person with whom the pupil resides for reasons other than to have access to the educational programs of the district.

(iv) Custody exercised by an adult caretaker

relative who is receiving aid under the Illinois Public Aid Code for the pupil who resides with that adult caretaker relative for purposes other than to have access to the educational programs of the district.

(v) Custody exercised by an adult who

demonstrates that, in fact, he or she has assumed and exercises legal responsibility for the pupil and provides the pupil with a regular fixed night-time abode for purposes other than to have access to the educational programs of the district.

(a-5) If a pupil's change of residence is due to the military service obligation of a person who has legal custody of the pupil, then, upon the written request of the person having legal custody of the pupil, the residence of the pupil is deemed for all purposes relating to enrollment (including tuition, fees, and costs), for the duration of the custodian's military service obligation, to be the same as the residence of the pupil immediately before the change of residence caused by the military service obligation. A school district is not responsible for providing transportation to or from school for a pupil whose residence is determined under this subsection (a-5).  School districts shall facilitate re-enrollment when necessary to comply with this subsection (a-5).

(b) Except as otherwise provided under Section 10-22.5a, only resident
pupils of a school district may attend the schools of the district without
payment of the tuition required to be charged under Section 10-20.12a.
However, children for whom the Guardianship Administrator of the Department of
Children and Family Services has been appointed temporary custodian or guardian
of the person of a child shall not be charged tuition as a nonresident pupil if
the child was placed by the Department of Children and Family Services with a
foster parent or placed in another type of child care facility and the foster
parent or child care facility is located in a school district other than
the child's former school district and it is determined by the Department of
Children and Family Services to be in the child's
best interest to maintain attendance at his or her former school district.

(c) The provisions of this subsection do not apply in school districts
having a population of 500,000 or more.
If a school board in a school district with a population of less than
500,000 determines that a pupil who is attending school in
the district on a tuition free basis   is a nonresident of the district for whom
tuition is required to be charged under Section 10-20.12a, the board shall
notify the person who enrolled the pupil of the amount of the tuition
charged under Section 10-20.12a that is due to the district for a nonresident
pupil's attendance in the district's schools.  The notice shall detail the specific reasons why the board believes that the pupil is a nonresident of the district and shall be given by
certified mail, return receipt requested.  Within 10 calendar days after receipt of the
notice, the person who enrolled the pupil may request a hearing to
review the determination of the school board.  The request shall be sent by
certified mail, return receipt requested, to the district superintendent.
Within 10 calendar days after receipt of the request, the board shall notify, by
certified mail, return receipt requested, the person requesting the hearing of
the time and place of the hearing, which shall be held not less than 10 nor
more than 20 calendar days after the
notice of hearing is given.  At least 3 calendar days prior to the hearing, each party shall disclose to the other party all written evidence and testimony that it may submit during the hearing and a list of witnesses that it may call to testify during the hearing.  The hearing notice shall notify the person requesting the hearing that any written evidence and testimony or witnesses not disclosed to the other party at least 3 calendar days prior to the hearing are barred at the hearing without the consent of the other party. The board or a hearing officer designated by the
board shall conduct the hearing.  The board and the person who enrolled
the pupil may be represented at the hearing by representatives of their
choice.  At the hearing, the person who enrolled the pupil shall have the
burden of going forward with the evidence concerning the pupil's residency.  If
the hearing is conducted by a hearing officer, the hearing officer,
within 5 calendar days after the conclusion of the hearing, shall send a written report
of his or her findings by certified mail, return receipt requested, to the
school board and to the person who enrolled the pupil.
The person who enrolled the pupil may, within 5 calendar days
after receiving the findings, file written objections to the findings with the
school board by sending the objections by certified mail, return receipt
requested, addressed to the district superintendent.
Whether the hearing is conducted by the school board or a hearing officer, the
school board shall, within 30 calendar days after the conclusion of the hearing, decide
whether or not the pupil is a resident of the district and the amount of any
tuition required to be charged under Section 10-20.12a as a result of the
pupil's attendance in the schools of the district.  The school board shall send
a copy of its decision within 5 calendar days of its decision to the person who enrolled the
pupil by certified mail, return receipt requested. This decision must inform the person who enrolled the pupil that he or she may, within 5 calendar days after receipt of the decision of the board, petition the regional superintendent of schools to review the decision. The decision must also include notification that, at the request of the person who enrolled the pupil, the pupil may continue attending the schools of the district pending the regional superintendent of schools' review of the board's decision but that tuition shall continue to be assessed under Section 10-20.12a of this Code during the review period and become due upon a final determination of the regional superintendent of schools that the student is a nonresident.

Within 5 calendar days after receipt of the decision of the board pursuant to this subsection (c) of this Section, the person who enrolled the pupil may petition the regional superintendent of schools who exercises supervision and control of the board to review  the board's decision.  The petition must include the basis for the request and be sent by certified mail, return receipt requested, to both the regional superintendent of schools and the district superintendent.

Within 5 calendar days after receipt of the petition, the board must deliver to the regional superintendent of schools the written decision of the board, any written evidence and testimony that was submitted by the parties during the hearing, a list of all witnesses that testified during the hearing, and any existing written minutes or transcript of the hearing or verbatim record of the hearing in the form of an audio or video recording documenting the hearing. The board may also provide the regional superintendent of schools and the petitioner with a written response to the petition.  The regional superintendent of schools' review of the board's decision is limited to the documentation submitted to the regional superintendent of schools pursuant to this Section.

Within 10 calendar days after receipt of the documentation provided by the school district pursuant to this Section, the regional superintendent of schools shall issue a written decision as to whether or not there is clear and convincing evidence that the pupil is a resident of the district pursuant to this Section and eligible to attend the district's schools on a tuition-free basis.  The decision shall be transmitted to the board and the person who enrolled the pupil and shall, with specificity, detail the rationale behind the decision.

(c-5) The provisions of this subsection apply only in school districts
having a population of 500,000 or more.  If the board of education of a school
district with a population of 500,000 or more determines that a pupil who is
attending school in the district on a tuition free basis is a nonresident of
the district for whom tuition is required to be charged under Section
10-20.12a, the board shall notify the person who enrolled the pupil of the
amount of the tuition charged under Section 10-20.12a that is due to the
district for the nonresident pupil's attendance in the district's schools.  The
notice shall be given by certified mail, return receipt requested.  Within 10 calendar
days after receipt of the notice, the person who enrolled the pupil may request
a hearing to review the determination of the school board.  The request shall
be sent by certified mail, return receipt requested, to the district
superintendent.  Within 30 calendar days after receipt of the
request, the board shall notify, by certified mail, return receipt requested,
the person requesting the hearing of the time and place of the hearing, which
shall be held not less than 10 calendar nor more than 30 calendar days after the notice of
hearing is given.  The board or a hearing officer designated by the board shall
conduct the hearing.  The board and the person who enrolled the pupil may each
be represented at the hearing by a representative of their choice.  At the
hearing, the person who enrolled the pupil shall have the burden of going
forward with the evidence concerning the pupil's residency.  If the hearing is
conducted by a hearing officer, the hearing officer, within 20 calendar days after the
conclusion of the hearing, shall serve a written report of his or her findings
by personal service or by certified mail, return receipt requested, to the
school board and to the person who enrolled the pupil.  The person who enrolled
the pupil may, within 10 calendar days after receiving the findings, file written
objections to the findings with the board of education by sending the
objections by certified mail, return receipt requested, addressed to the
general superintendent of schools.  If the hearing is conducted by the board of
education, the board shall, within 45 calendar days after the
conclusion of the hearing, decide whether or not the pupil is a resident of the
district and the amount of any tuition required to be charged under Section
10-20.12a as a result of the pupil's attendance in the schools of the district.
 If the hearing is conducted by a hearing officer, the board of education
shall, within 45 days after the receipt of the hearing officer's findings,
decide whether or not the pupil is a resident of the district and the amount of
any tuition required to be charged under Section 10-20.12a as a result of the
pupil's attendance in the schools of the district.  The board of education
shall send, by certified mail, return receipt requested, a copy of its decision
to the person who enrolled the pupil, and the decision of the board shall be
final.

(d) If a hearing is requested under subsection (c) of this Section to review
the determination of the school board or board of education that a nonresident pupil is attending the schools of the
district without payment of the tuition required to be charged under Section
10-20.12a, the pupil may, at the request of the person who enrolled
the pupil, continue attendance at the schools of the district pending the 
decision of the board or regional superintendent of schools, as applicable, and the school district's payments under Section 18-8.05 of this Code shall not be adjusted due to tuition collection under this Section.  However, attendance of
that pupil in the schools of the district as authorized by this subsection (d)
shall not relieve any person who enrolled the pupil of the obligation to pay
the tuition
charged for that attendance under Section 10-20.12a if the final decision of
the board or regional superintendent of schools is that the pupil is a nonresident of the district.
If a pupil is determined to be a nonresident of the district for whom tuition
is required to be charged pursuant to this Section, the board shall
refuse to permit the pupil to continue attending the schools of the district
unless the required tuition is paid for the pupil.

(d-5) If a hearing is requested under subsection (c-5) of this Section to review the determination of the board of education that a nonresident pupil is attending the schools of the district without payment of the tuition required to be charged under Section 10-20.12a of this Code, the pupil may, at the request of the person who enrolled the pupil, continue attendance at the schools of the district pending a final decision of the board following the hearing. However, attendance of that pupil in the schools of the district as authorized by this subsection (d-5) shall not relieve any person who enrolled the pupil of the obligation to pay the tuition charged for that attendance under Section 10-20.12a of this Code if the final decision of the board is that the pupil is a nonresident of the district. If a pupil is determined to be a nonresident of the district for whom tuition is required to be charged pursuant to this Section, the board shall refuse to permit the pupil to continue attending the schools of the district unless the required tuition is paid for the pupil.

(e) Except for a pupil referred to in subsection (b) of Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or a pupil referred to in subsection
(b) of this Section, a person who knowingly enrolls or
attempts to enroll in the schools of a school district on a tuition free basis
a pupil known by that person to be a nonresident of the district shall be
guilty of a Class C misdemeanor.

(f) A person who knowingly or wilfully presents to any school district any
false information regarding the residency of a pupil for the purpose of
enabling that pupil to attend any school in that district without the payment
of a nonresident tuition charge shall be guilty of a Class C misdemeanor.

(g) The provisions of this Section are subject to the provisions of the
Education for Homeless Children Act.  Nothing in this Section shall be
construed to apply to or require the payment of tuition by a parent or guardian
of a "homeless child" (as that term is defined in Section 1-5 of the Education
for Homeless Children Act) in connection with or as a result of the homeless
child's continued education or enrollment in a school that is chosen in
accordance with any of the options provided in Section 1-10 of that Act.

(Source: P.A. 99-670, eff. 1-1-17.)