Public Act 094-0309
 		





HB0156 Enrolled
LRB094 04188 LJB 34212 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 the 
nonresident
pupil's attendance in the district's schools.  The 
notice shall be given by
certified mail, return receipt 
requested.  Within 10 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 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 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 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 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 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 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 to the person who enrolled the
pupil, and 
the decision of the school board shall be final.

    (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
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 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 30 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 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 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 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) 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 a 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)

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 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. 89-480, eff. 1-1-97; 90-566, eff. 1-2-98.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.