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90_SB0569ham001
LRB9005753THcwam
1 AMENDMENT TO SENATE BILL 569
2 AMENDMENT NO. . Amend Senate Bill 569 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by changing Section
5 10-20.12b."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Section 10-20.12b as follows:
10 (105 ILCS 5/10-20.12b)
11 Sec. 10-20.12b. Residency; payment of tuition; hearing;
12 criminal penalty.
13 (a) For purposes of this Section:
14 (1) The residence of a pupil is deemed to be the
15 residence of a person who has legal custody of the pupil
16 The residence of a person who has legal custody of a
17 pupil is deemed to be the residence of the pupil.
18 (2) "Legal custody" means one of the following:
19 (i) Custody exercised by a natural or adoptive
20 parent with whom the pupil resides.
21 (ii) Custody granted by order of a court of
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1 competent jurisdiction to a person with whom the
2 pupil resides for reasons other than to have access
3 to the educational programs of the district.
4 (iii) Custody exercised under a statutory
5 short-term guardianship, provided that within 60
6 days of the pupil's enrollment a court order is
7 entered that establishes a permanent guardianship
8 and grants custody to a person with whom the pupil
9 resides for reasons other than to have access to the
10 educational 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
18 demonstrates that, in fact, he or she has assumed
19 and exercises legal responsibility for the pupil and
20 provides the pupil with a regular fixed night-time
21 abode for purposes other than to have access to the
22 educational programs of the district.
23 (b) Except as otherwise provided under Section 10-22.5a,
24 only resident pupils of a school district may attend the
25 schools of the district without payment of the tuition
26 required to be charged under Section 10-20.12a. However,
27 children for whom the Guardianship Administrator of the
28 Department of Children and Family Services has been appointed
29 temporary custodian or guardian of the person of a child
30 shall not be charged tuition as a nonresident pupil if the
31 child was placed by the Department of Children and Family
32 Services with a foster parent or placed in another type of
33 child care facility and the foster parent or child care
34 facility is located in a school district other than the
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1 child's former school district and it is determined by the
2 Department of Children and Family Services to be in the
3 child's best interest to maintain attendance at his or her
4 former school district.
5 (c) If a school board determines that a pupil who is
6 attending school in the district on a tuition free basis is a
7 nonresident of the district for whom tuition is required to
8 be charged under Section 10-20.12a, the board shall notify
9 the person who enrolled the pupil of the amount of the
10 tuition charged under Section 10-20.12a that is due to the
11 district for the nonresident pupil's attendance in the
12 district's schools. The notice shall be given by certified
13 mail, return receipt requested. Within 10 days after receipt
14 of the notice, the person who enrolled the pupil may request
15 a hearing to review the determination of the school board.
16 The request shall be sent by certified mail, return receipt
17 requested, to the district superintendent. Within 10 days
18 after receipt of the request, the board shall notify, by
19 certified mail, return receipt requested, the person
20 requesting the hearing of the time and place of the hearing,
21 which shall be held not less than 10 nor more than 20 days
22 after the notice of hearing is given. The board or a hearing
23 officer designated by the board shall conduct the hearing.
24 The board and the person who enrolled the pupil may be
25 represented at the hearing by representatives of their
26 choice. At the hearing, the person who enrolled the pupil
27 shall have the burden of going forward with the evidence
28 concerning the pupil's residency. If the hearing is
29 conducted by a hearing officer, the hearing officer, within 5
30 days after the conclusion of the hearing, shall send a
31 written report of his or her findings by certified mail,
32 return receipt requested, to the school board and to the
33 person who enrolled the pupil. The person who enrolled the
34 pupil may, within 5 days after receiving the findings, file
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1 written objections to the findings with the school board by
2 sending the objections by certified mail, return receipt
3 requested, addressed to the district superintendent. Whether
4 the hearing is conducted by the school board or a hearing
5 officer, the school board shall, within 15 days after the
6 conclusion of the hearing, decide whether or not the pupil is
7 a resident of the district and the amount of any tuition
8 required to be charged under Section 10-20.12a as a result of
9 the pupil's attendance in the schools of the district. The
10 school board shall send a copy of its decision to the person
11 who enrolled the pupil, and the decision of the school board
12 shall be final.
13 (d) If a hearing is requested under subsection (c) to
14 review the school board's determination that a nonresident
15 pupil is attending the schools of the district without
16 payment of the tuition required to be charged under Section
17 10-20.12a, the pupil may, at the request of a person who
18 enrolled the pupil, continue attendance at the schools of the
19 district pending a final decision of the school board
20 following the hearing. However, attendance of that pupil in
21 the schools of the district as authorized by this subsection
22 (d) shall not relieve any person who enrolled the pupil of
23 the obligation to pay the tuition charged for that attendance
24 under Section 10-20.12a if the final decision of the school
25 board is that the pupil is a nonresident of the district. If
26 a pupil is determined to be a nonresident of the district for
27 whom tuition is required to be charged pursuant to this
28 Section, the school board shall refuse to permit the pupil to
29 continue attending the schools of the district unless the
30 required tuition is paid for the pupil.
31 (e) Except for a pupil referred to in subsection (b) of
32 Section 10-22.5a, a pupil referred to in Section 10-20.12a,
33 or a pupil referred to in subsection (b) of this Section, a
34 person who knowingly enrolls or attempts to enroll in the
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1 schools of a school district on a tuition free basis a pupil
2 known by that person to be a nonresident of the district
3 shall be guilty of a Class C misdemeanor.
4 (f) A person who knowingly or wilfully presents to any
5 school district any false information regarding the residency
6 of a pupil for the purpose of enabling that pupil to attend
7 any school in that district without the payment of a
8 nonresident tuition charge shall be guilty of a Class C
9 misdemeanor.
10 (g) The provisions of this Section are subject to the
11 provisions of the Education for Homeless Children Act.
12 Nothing in this Section shall be construed to apply to or
13 require the payment of tuition by a parent or guardian of a
14 "homeless child" (as that term is defined in Section 1-5 of
15 the Education for Homeless Children Act) in connection with
16 or as a result of the homeless child's continued education or
17 enrollment in a school that is chosen in accordance with any
18 of the options provided in Section 1-10 of that Act.
19 (Source: P.A. 89-480, eff. 1-1-97.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.".