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| Public Act 094-0309 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
10-20.12b as follows:
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(105 ILCS 5/10-20.12b)
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Sec. 10-20.12b. Residency; payment of tuition; hearing; | ||||
criminal penalty.
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(a) For purposes of this Section:
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(1) The residence of a person who has legal custody of | ||||
a pupil is
deemed to be the residence of the pupil.
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(2) "Legal custody" means one of the following:
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(i) Custody exercised by a natural or adoptive | ||||
parent with whom the
pupil resides.
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(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
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educational programs of the district.
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(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
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programs of the district.
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(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.
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(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.
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(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).
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(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
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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.
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(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
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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
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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.
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(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
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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
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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
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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
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final.
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(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)
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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
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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.
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(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.
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(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.
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(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
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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.
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(Source: P.A. 89-480, eff. 1-1-97; 90-566, eff. 1-2-98.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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