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| Public Act 099-0670 | ||||
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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 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
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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
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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
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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.
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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
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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
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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
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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
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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.
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(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.
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(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.
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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. 94-309, eff. 7-25-05.)
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