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90_HB0720
105 ILCS 5/10-20.12b
Amends the School Code. Deletes a provision which
includes as a form of legal custody used in determining a
pupil's district of residence custody exercised by an adult
who demonstrates that he 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 a school district.
Also replaces a provision that provides that the residence of
a person who has legal custody is deemed to be the residence
of the pupil with language that provides that the residence
of a pupil is deemed to be the residence of a person who has
legal custody of the pupil.
LRB9003491THpk
LRB9003491THpk
1 AN ACT to amend the School Code by changing Section
2 10-20.12b.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 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 pupil is deemed to be the
12 residence of a person who has legal custody of the pupil
13 The residence of a person who has legal custody of a
14 pupil is deemed to be the residence of the pupil.
15 (2) "Legal custody" means one of the following:
16 (i) Custody exercised by a natural or adoptive
17 parent with whom the pupil resides.
18 (ii) Custody granted by order of a court of
19 competent jurisdiction to a person with whom the
20 pupil resides for reasons other than to have access
21 to the educational programs of the district.
22 (iii) Custody exercised under a statutory
23 short-term guardianship, provided that within 60
24 days of the pupil's enrollment a court order is
25 entered that establishes a permanent guardianship
26 and grants custody to a person with whom the pupil
27 resides for reasons other than to have access to the
28 educational programs of the district.
29 (iv) Custody exercised by an adult caretaker
30 relative who is receiving aid under the Illinois
31 Public Aid Code for the pupil who resides with that
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1 adult caretaker relative for purposes other than to
2 have access to the educational programs of the
3 district.
4 (v) Custody exercised by an adult who
5 demonstrates that, in fact, he or she has assumed
6 and exercises legal responsibility for the pupil and
7 provides the pupil with a regular fixed night-time
8 abode for purposes other than to have access to the
9 educational programs of the district.
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,
14 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 a child
17 shall not be charged tuition as a nonresident pupil if the
18 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 and the foster parent or child care
21 facility is located in a school district other than the
22 child's former school district and it is determined by the
23 Department of Children and Family Services to be in the
24 child's best interest to maintain attendance at his or her
25 former school district.
26 (c) If a school board determines that a pupil who is
27 attending school in the district on a tuition free basis is a
28 nonresident of the district for whom tuition is required to
29 be charged under Section 10-20.12a, the board shall notify
30 the person who enrolled the pupil of the amount of the
31 tuition charged under Section 10-20.12a that is due to the
32 district for the nonresident pupil's attendance in the
33 district's schools. The notice shall be given by certified
34 mail, return receipt requested. Within 10 days after receipt
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1 of the notice, the person who enrolled the pupil may request
2 a hearing to review the determination of the school board.
3 The request shall be sent by certified mail, return receipt
4 requested, to the district superintendent. Within 10 days
5 after receipt of the request, the board shall notify, by
6 certified mail, return receipt requested, the person
7 requesting the hearing of the time and place of the hearing,
8 which shall be held not less than 10 nor more than 20 days
9 after the notice of hearing is given. The board or a hearing
10 officer designated by the board shall conduct the hearing.
11 The board and the person who enrolled the pupil may be
12 represented at the hearing by representatives of their
13 choice. At the hearing, the person who enrolled the pupil
14 shall have the burden of going forward with the evidence
15 concerning the pupil's residency. If the hearing is
16 conducted by a hearing officer, the hearing officer, within 5
17 days after the conclusion of the hearing, shall send a
18 written report of his or her findings by certified mail,
19 return receipt requested, to the school board and to the
20 person who enrolled the pupil. The person who enrolled the
21 pupil may, within 5 days after receiving the findings, file
22 written objections to the findings with the school board by
23 sending the objections by certified mail, return receipt
24 requested, addressed to the district superintendent. Whether
25 the hearing is conducted by the school board or a hearing
26 officer, the school board shall, within 15 days after the
27 conclusion of the hearing, decide whether or not the pupil is
28 a resident of the district and the amount of any tuition
29 required to be charged under Section 10-20.12a as a result of
30 the pupil's attendance in the schools of the district. The
31 school board shall send a copy of its decision to the person
32 who enrolled the pupil, and the decision of the school board
33 shall be final.
34 (d) If a hearing is requested under subsection (c) to
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1 review the school board's determination that a nonresident
2 pupil is attending the schools of the district without
3 payment of the tuition required to be charged under Section
4 10-20.12a, the pupil may, at the request of a person who
5 enrolled the pupil, continue attendance at the schools of the
6 district pending a final decision of the school board
7 following the hearing. However, attendance of that pupil in
8 the schools of the district as authorized by this subsection
9 (d) shall not relieve any person who enrolled the pupil of
10 the obligation to pay the tuition charged for that attendance
11 under Section 10-20.12a if the final decision of the school
12 board is that the pupil is a nonresident of the district. If
13 a pupil is determined to be a nonresident of the district for
14 whom tuition is required to be charged pursuant to this
15 Section, the school board shall refuse to permit the pupil to
16 continue attending the schools of the district unless the
17 required tuition is paid for the pupil.
18 (e) Except for a pupil referred to in subsection (b) of
19 Section 10-22.5a, a pupil referred to in Section 10-20.12a,
20 or a pupil referred to in subsection (b) of this Section, a
21 person who knowingly enrolls or attempts to enroll in the
22 schools of a school district on a tuition free basis a pupil
23 known by that person to be a nonresident of the district
24 shall be guilty of a Class C misdemeanor.
25 (f) A person who knowingly or wilfully presents to any
26 school district any false information regarding the residency
27 of a pupil for the purpose of enabling that pupil to attend
28 any school in that district without the payment of a
29 nonresident tuition charge shall be guilty of a Class C
30 misdemeanor.
31 (g) The provisions of this Section are subject to the
32 provisions of the Education for Homeless Children Act.
33 Nothing in this Section shall be construed to apply to or
34 require the payment of tuition by a parent or guardian of a
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1 "homeless child" (as that term is defined in Section 1-5 of
2 the Education for Homeless Children Act) in connection with
3 or as a result of the homeless child's continued education or
4 enrollment in a school that is chosen in accordance with any
5 of the options provided in Section 1-10 of that Act.
6 (Source: P.A. 89-480, eff. 1-1-97.)