Illinois General Assembly - Full Text of Public Act 099-0670
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Public Act 099-0670


 

Public Act 0670 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0670
 
HB4606 EnrolledLRB099 17180 NHT 41538 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
10-20.12b as follows:
 
    (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 the
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 15 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 , and the decision of the school
board shall be final.
    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 or (c-5) 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 a person who enrolled the
pupil, continue attendance at the schools of the district
pending the a final 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.
of the board following the hearing. 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. 94-309, eff. 7-25-05.)

Effective Date: 1/1/2017