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90_SB0709ham003
LRB9003186THdvam01
1 AMENDMENT TO SENATE BILL 709
2 AMENDMENT NO. . Amend Senate Bill 709, AS AMENDED,
3 in the title and in the introductory clause of Section 5, by
4 replacing "Section 2-3.112" each time it appears with
5 "Sections 2-3.112 and 10-20.12b"; and
6 in the body of Section 5, by inserting after the last line of
7 Sec. 2-3.120 the following:
8 "(105 ILCS 5/10-20.12b)
9 Sec. 10-20.12b. Residency; payment of tuition; hearing;
10 criminal penalty.
11 (a) For purposes of this Section:
12 (1) The residence of a pupil is deemed to be the
13 residence of a person who has legal custody of the pupil
14 The residence of a person who has legal custody of a
15 pupil is deemed to be the residence of the pupil.
16 (2) "Legal custody" means one of the following:
17 (i) Custody exercised by a natural or adoptive
18 parent with whom the pupil resides.
19 (ii) Custody granted by order of a court of
20 competent jurisdiction to a person with whom the
21 pupil resides for reasons other than to have access
22 to the educational programs of the district.
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1 (iii) Custody exercised under a statutory
2 short-term guardianship, provided that within 60
3 days of the pupil's enrollment a court order is
4 entered that establishes a permanent guardianship
5 and grants custody to a person with whom the pupil
6 resides for reasons other than to have access to the
7 educational programs of the district.
8 (iv) Custody exercised by an adult caretaker
9 relative who is receiving aid under the Illinois
10 Public Aid Code for the pupil who resides with that
11 adult caretaker relative for purposes other than to
12 have access to the educational programs of the
13 district.
14 (v) Custody exercised by an adult who
15 demonstrates that, in fact, he or she has assumed
16 and exercises legal responsibility for the pupil and
17 provides the pupil with a regular fixed night-time
18 abode for purposes other than to have access to the
19 educational programs of the district.
20 (b) Except as otherwise provided under Section 10-22.5a,
21 only resident pupils of a school district may attend the
22 schools of the district without payment of the tuition
23 required to be charged under Section 10-20.12a. However,
24 children for whom the Guardianship Administrator of the
25 Department of Children and Family Services has been appointed
26 temporary custodian or guardian of the person of a child
27 shall not be charged tuition as a nonresident pupil if the
28 child was placed by the Department of Children and Family
29 Services with a foster parent or placed in another type of
30 child care facility and the foster parent or child care
31 facility is located in a school district other than the
32 child's former school district and it is determined by the
33 Department of Children and Family Services to be in the
34 child's best interest to maintain attendance at his or her
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1 former school district.
2 (c) If a school board determines that a pupil who is
3 attending school in the district on a tuition free basis is a
4 nonresident of the district for whom tuition is required to
5 be charged under Section 10-20.12a, the board shall notify
6 the person who enrolled the pupil of the amount of the
7 tuition charged under Section 10-20.12a that is due to the
8 district for the nonresident pupil's attendance in the
9 district's schools. The notice shall be given by certified
10 mail, return receipt requested. Within 10 days after receipt
11 of the notice, the person who enrolled the pupil may request
12 a hearing to review the determination of the school board.
13 The request shall be sent by certified mail, return receipt
14 requested, to the district superintendent. Within 10 days
15 after receipt of the request, the board shall notify, by
16 certified mail, return receipt requested, the person
17 requesting the hearing of the time and place of the hearing,
18 which shall be held not less than 10 nor more than 20 days
19 after the notice of hearing is given. The board or a hearing
20 officer designated by the board shall conduct the hearing.
21 The board and the person who enrolled the pupil may be
22 represented at the hearing by representatives of their
23 choice. At the hearing, the person who enrolled the pupil
24 shall have the burden of going forward with the evidence
25 concerning the pupil's residency. If the hearing is
26 conducted by a hearing officer, the hearing officer, within 5
27 days after the conclusion of the hearing, shall send a
28 written report of his or her findings by certified mail,
29 return receipt requested, to the school board and to the
30 person who enrolled the pupil. The person who enrolled the
31 pupil may, within 5 days after receiving the findings, file
32 written objections to the findings with the school board by
33 sending the objections by certified mail, return receipt
34 requested, addressed to the district superintendent. Whether
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1 the hearing is conducted by the school board or a hearing
2 officer, the school board shall, within 15 days after the
3 conclusion of the hearing, 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 school board shall send a copy of its decision to the person
8 who enrolled the pupil, and the decision of the school board
9 shall be final.
10 (d) If a hearing is requested under subsection (c) to
11 review the school board's determination that a nonresident
12 pupil is attending the schools of the district without
13 payment of the tuition required to be charged under Section
14 10-20.12a, the pupil may, at the request of a person who
15 enrolled the pupil, continue attendance at the schools of the
16 district pending a final decision of the school board
17 following the hearing. However, attendance of that pupil in
18 the schools of the district as authorized by this subsection
19 (d) shall not relieve any person who enrolled the pupil of
20 the obligation to pay the tuition charged for that attendance
21 under Section 10-20.12a if the final decision of the school
22 board is that the pupil is a nonresident of the district. If
23 a pupil is determined to be a nonresident of the district for
24 whom tuition is required to be charged pursuant to this
25 Section, the school board shall refuse to permit the pupil to
26 continue attending the schools of the district unless the
27 required tuition is paid for the pupil.
28 (e) Except for a pupil referred to in subsection (b) of
29 Section 10-22.5a, a pupil referred to in Section 10-20.12a,
30 or a pupil referred to in subsection (b) of this Section, a
31 person who knowingly enrolls or attempts to enroll in the
32 schools of a school district on a tuition free basis a pupil
33 known by that person to be a nonresident of the district
34 shall be guilty of a Class C misdemeanor.
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1 (f) A person who knowingly or wilfully presents to any
2 school district any false information regarding the residency
3 of a pupil for the purpose of enabling that pupil to attend
4 any school in that district without the payment of a
5 nonresident tuition charge shall be guilty of a Class C
6 misdemeanor.
7 (g) The provisions of this Section are subject to the
8 provisions of the Education for Homeless Children Act.
9 Nothing in this Section shall be construed to apply to or
10 require the payment of tuition by a parent or guardian of a
11 "homeless child" (as that term is defined in Section 1-5 of
12 the Education for Homeless Children Act) in connection with
13 or as a result of the homeless child's continued education or
14 enrollment in a school that is chosen in accordance with any
15 of the options provided in Section 1-10 of that Act.
16 (Source: P.A. 89-480, eff. 1-1-97.)".