Bill Text: IL SB2389 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code. Makes a technical change in a Section concerning pupil residency and the payment of tuition.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB2389 Detail]
Download: Illinois-2013-SB2389-Introduced.html
Bill Title: Amends the School Code. Makes a technical change in a Section concerning pupil residency and the payment of tuition.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB2389 Detail]
Download: Illinois-2013-SB2389-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 10-20.12b as follows:
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6 | (105 ILCS 5/10-20.12b)
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7 | Sec. 10-20.12b. Residency; payment of tuition; hearing; | |||||||||||||||||||
8 | criminal penalty.
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9 | (a) For purposes of this Section:
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10 | (1) The
The residence of a person who has legal custody | |||||||||||||||||||
11 | of a pupil is
deemed to be the residence of the pupil.
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12 | (2) "Legal custody" means one of the following:
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13 | (i) Custody exercised by a natural or adoptive | |||||||||||||||||||
14 | parent with whom the
pupil resides.
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15 | (ii) Custody granted by order of a court of | |||||||||||||||||||
16 | competent jurisdiction to a
person with whom the pupil | |||||||||||||||||||
17 | resides for reasons other than to have access to the
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18 | educational programs of the district.
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19 | (iii) Custody exercised under a statutory | |||||||||||||||||||
20 | short-term guardianship,
provided that within 60 days | |||||||||||||||||||
21 | of the pupil's enrollment a court order is entered
that | |||||||||||||||||||
22 | establishes a permanent guardianship and grants | |||||||||||||||||||
23 | custody to a person with
whom the pupil resides for |
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1 | reasons other than to have access to the educational
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2 | programs of the district.
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3 | (iv) Custody exercised by an adult caretaker | ||||||
4 | relative who is receiving
aid under the Illinois Public | ||||||
5 | Aid Code for the pupil who resides with that
adult | ||||||
6 | caretaker relative for purposes other than to have | ||||||
7 | access to the
educational programs of the district.
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8 | (v) Custody exercised by an adult who demonstrates | ||||||
9 | that, in fact, he or
she has assumed and exercises | ||||||
10 | legal responsibility for the pupil and provides
the | ||||||
11 | pupil with a regular fixed night-time abode for | ||||||
12 | purposes other than to have
access to the educational | ||||||
13 | programs of the district.
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14 | (a-5) If a pupil's change of residence is due to the | ||||||
15 | military service obligation of a person who has legal custody | ||||||
16 | of the pupil, then, upon the written request of the person | ||||||
17 | having legal custody of the pupil, the residence of the pupil | ||||||
18 | is deemed for all purposes relating to enrollment (including | ||||||
19 | tuition, fees, and costs), for the duration of the custodian's | ||||||
20 | military service obligation, to be the same as the residence of | ||||||
21 | the pupil immediately before the change of residence caused by | ||||||
22 | the military service obligation. A school district is not | ||||||
23 | responsible for providing transportation to or from school for | ||||||
24 | a pupil whose residence is determined under this subsection | ||||||
25 | (a-5). School districts shall facilitate re-enrollment when | ||||||
26 | necessary to comply with this subsection (a-5).
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1 | (b) Except as otherwise provided under Section 10-22.5a, | ||||||
2 | only resident
pupils of a school district may attend the | ||||||
3 | schools of the district without
payment of the tuition required | ||||||
4 | to be charged under Section 10-20.12a.
However, children for | ||||||
5 | whom the Guardianship Administrator of the Department of
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6 | Children and Family Services has been appointed temporary | ||||||
7 | custodian or guardian
of the person of a child shall not be | ||||||
8 | charged tuition as a nonresident pupil if
the child was placed | ||||||
9 | by the Department of Children and Family Services with a
foster | ||||||
10 | parent or placed in another type of child care facility and the | ||||||
11 | foster
parent or child care facility is located in a school | ||||||
12 | district other than
the child's former school district and it | ||||||
13 | is determined by the Department of
Children and Family Services | ||||||
14 | to be in the child's
best interest to maintain attendance at | ||||||
15 | his or her former school district.
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16 | (c) The provisions of this subsection do not apply in | ||||||
17 | school districts
having a population of 500,000 or more.
If a | ||||||
18 | school board in a school district with a population of less | ||||||
19 | than
500,000 determines that a pupil who is attending school in
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20 | the district on a tuition free basis is a nonresident of the | ||||||
21 | district for whom
tuition is required to be charged under | ||||||
22 | Section 10-20.12a, the board shall
notify the person who | ||||||
23 | enrolled the pupil of the amount of the tuition
charged under | ||||||
24 | Section 10-20.12a that is due to the district for the | ||||||
25 | nonresident
pupil's attendance in the district's schools. The | ||||||
26 | notice shall be given by
certified mail, return receipt |
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1 | requested. Within 10 days after receipt of the
notice, the | ||||||
2 | person who enrolled the pupil may request a hearing to
review | ||||||
3 | the determination of the school board. The request shall be | ||||||
4 | sent by
certified mail, return receipt requested, to the | ||||||
5 | district superintendent.
Within 10 days after receipt of the | ||||||
6 | request, the board shall notify, by
certified mail, return | ||||||
7 | receipt requested, the person requesting the hearing of
the | ||||||
8 | time and place of the hearing, which shall be held not less | ||||||
9 | than 10 nor
more than 20 days after the
notice of hearing is | ||||||
10 | given. The board or a hearing officer designated by the
board | ||||||
11 | shall conduct the hearing. The board and the person who | ||||||
12 | enrolled
the pupil may be represented at the hearing by | ||||||
13 | representatives of their
choice. At the hearing, the person who | ||||||
14 | enrolled the pupil shall have the
burden of going forward with | ||||||
15 | the evidence concerning the pupil's residency. If
the hearing | ||||||
16 | is conducted by a hearing officer, the hearing officer,
within | ||||||
17 | 5 days after the conclusion of the hearing, shall send a | ||||||
18 | written report
of his or her findings by certified mail, return | ||||||
19 | receipt requested, to the
school board and to the person who | ||||||
20 | enrolled the pupil.
The person who enrolled the pupil may, | ||||||
21 | within 5 days
after receiving the findings, file written | ||||||
22 | objections to the findings with the
school board by sending the | ||||||
23 | objections by certified mail, return receipt
requested, | ||||||
24 | addressed to the district superintendent.
Whether the hearing | ||||||
25 | is conducted by the school board or a hearing officer, the
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26 | school board shall, within 15 days after the conclusion of the |
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1 | hearing, decide
whether or not the pupil is a resident of the | ||||||
2 | district and the amount of any
tuition required to be charged | ||||||
3 | under Section 10-20.12a as a result of the
pupil's attendance | ||||||
4 | in the schools of the district. The school board shall send
a | ||||||
5 | copy of its decision to the person who enrolled the
pupil, and | ||||||
6 | the decision of the school board shall be final.
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7 | (c-5) The provisions of this subsection apply only in | ||||||
8 | school districts
having a population of 500,000 or more. If the | ||||||
9 | board of education of a school
district with a population of | ||||||
10 | 500,000 or more determines that a pupil who is
attending school | ||||||
11 | in the district on a tuition free basis is a nonresident of
the | ||||||
12 | district for whom tuition is required to be charged under | ||||||
13 | Section
10-20.12a, the board shall notify the person who | ||||||
14 | enrolled the pupil of the
amount of the tuition charged under | ||||||
15 | Section 10-20.12a that is due to the
district for the | ||||||
16 | nonresident pupil's attendance in the district's schools. The
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17 | notice shall be given by certified mail, return receipt | ||||||
18 | requested. Within 10
days after receipt of the notice, the | ||||||
19 | person who enrolled the pupil may request
a hearing to review | ||||||
20 | the determination of the school board. The request shall
be | ||||||
21 | sent by certified mail, return receipt requested, to the | ||||||
22 | district
superintendent. Within 30 days after receipt of the
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23 | request, the board shall notify, by certified mail, return | ||||||
24 | receipt requested,
the person requesting the hearing of the | ||||||
25 | time and place of the hearing, which
shall be held not less | ||||||
26 | than 10 nor more than 30 days after the notice of
hearing is |
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1 | given. The board or a hearing officer designated by the board | ||||||
2 | shall
conduct the hearing. The board and the person who | ||||||
3 | enrolled the pupil may each
be represented at the hearing by a | ||||||
4 | representative of their choice. At the
hearing, the person who | ||||||
5 | enrolled the pupil shall have the burden of going
forward with | ||||||
6 | the evidence concerning the pupil's residency. If the hearing | ||||||
7 | is
conducted by a hearing officer, the hearing officer, within | ||||||
8 | 20 days after the
conclusion of the hearing, shall serve a | ||||||
9 | written report of his or her findings
by personal service or by | ||||||
10 | certified mail, return receipt requested, to the
school board | ||||||
11 | and to the person who enrolled the pupil. The person who | ||||||
12 | enrolled
the pupil may, within 10 days after receiving the | ||||||
13 | findings, file written
objections to the findings with the | ||||||
14 | board of education by sending the
objections by certified mail, | ||||||
15 | return receipt requested, addressed to the
general | ||||||
16 | superintendent of schools. If the hearing is conducted by the | ||||||
17 | board of
education, the board shall, within 45 days after the
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18 | conclusion of the hearing, decide whether or not the pupil is a | ||||||
19 | resident of the
district and the amount of any tuition required | ||||||
20 | to be charged under Section
10-20.12a as a result of the | ||||||
21 | pupil's attendance in the schools of the district.
If the | ||||||
22 | hearing is conducted by a hearing officer, the board of | ||||||
23 | education
shall, within 45 days after the receipt of the | ||||||
24 | hearing officer's findings,
decide whether or not the pupil is | ||||||
25 | a resident of the district and the amount of
any tuition | ||||||
26 | required to be charged under Section 10-20.12a as a result of |
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1 | the
pupil's attendance in the schools of the district. The | ||||||
2 | board of education
shall send, by certified mail, return | ||||||
3 | receipt requested, a copy of its decision
to the person who | ||||||
4 | enrolled the pupil, and the decision of the board shall be
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5 | final.
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6 | (d) If a hearing is requested under subsection (c) or (c-5) | ||||||
7 | to review
the determination of the school board or board of | ||||||
8 | education that a nonresident pupil is attending the schools of | ||||||
9 | the
district without payment of the tuition required to be | ||||||
10 | charged under Section
10-20.12a, the pupil may, at the request | ||||||
11 | of a person who enrolled
the pupil, continue attendance at the | ||||||
12 | schools of the district pending a final
decision of the board | ||||||
13 | following the hearing. However, attendance of
that pupil in the | ||||||
14 | schools of the district as authorized by this subsection (d)
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15 | shall not relieve any person who enrolled the pupil of the | ||||||
16 | obligation to pay
the tuition
charged for that attendance under | ||||||
17 | Section 10-20.12a if the final decision of
the board is that | ||||||
18 | the pupil is a nonresident of the district.
If a pupil is | ||||||
19 | determined to be a nonresident of the district for whom tuition
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20 | is required to be charged pursuant to this Section, the board | ||||||
21 | shall
refuse to permit the pupil to continue attending the | ||||||
22 | schools of the district
unless the required tuition is paid for | ||||||
23 | the pupil.
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24 | (e) Except for a pupil referred to in subsection (b) of | ||||||
25 | Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or | ||||||
26 | a pupil referred to in subsection
(b) of this Section, a person |
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1 | who knowingly enrolls or
attempts to enroll in the schools of a | ||||||
2 | school district on a tuition free basis
a pupil known by that | ||||||
3 | person to be a nonresident of the district shall be
guilty of a | ||||||
4 | Class C misdemeanor.
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5 | (f) A person who knowingly or wilfully presents to any | ||||||
6 | school district any
false information regarding the residency | ||||||
7 | of a pupil for the purpose of
enabling that pupil to attend any | ||||||
8 | school in that district without the payment
of a nonresident | ||||||
9 | tuition charge shall be guilty of a Class C misdemeanor.
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10 | (g) The provisions of this Section are subject to the | ||||||
11 | provisions of the
Education for Homeless Children Act. Nothing | ||||||
12 | in this Section shall be
construed to apply to or require the | ||||||
13 | payment of tuition by a parent or guardian
of a "homeless | ||||||
14 | child" (as that term is defined in Section 1-5 of the Education
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15 | for Homeless Children Act) in connection with or as a result of | ||||||
16 | the homeless
child's continued education or enrollment in a | ||||||
17 | school that is chosen in
accordance with any of the options | ||||||
18 | provided in Section 1-10 of that Act.
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19 | (Source: P.A. 94-309, eff. 7-25-05.)
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