Bill Amendment: IL SB2824 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-NONRESIDENT PUPIL-WAIVE
Status: 2024-07-01 - Public Act . . . . . . . . . 103-0629 [SB2824 Detail]
Download: Illinois-2023-SB2824-Senate_Amendment_001.html
Bill Title: SCH CD-NONRESIDENT PUPIL-WAIVE
Status: 2024-07-01 - Public Act . . . . . . . . . 103-0629 [SB2824 Detail]
Download: Illinois-2023-SB2824-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2824 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2824 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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) | ||||||
7 | Sec. 10-20.12b. Residency; payment of tuition; hearing; | ||||||
8 | criminal penalty. | ||||||
9 | (a) For purposes of this Section: | ||||||
10 | (1) The residence of a person who has legal custody of | ||||||
11 | a pupil is deemed to be the residence of the pupil. | ||||||
12 | (2) "Legal custody" means one of the following: | ||||||
13 | (i) Custody exercised by a natural or adoptive | ||||||
14 | parent with whom the pupil resides. | ||||||
15 | (ii) Custody granted by order of a court of | ||||||
16 | competent jurisdiction to a person with whom the pupil |
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1 | resides for reasons other than to have access to the | ||||||
2 | educational programs of the district. | ||||||
3 | (iii) Custody exercised under a statutory | ||||||
4 | short-term guardianship, provided that within 60 days | ||||||
5 | of the pupil's enrollment a court order is entered | ||||||
6 | that establishes a permanent guardianship and grants | ||||||
7 | custody to a person with whom the pupil resides for | ||||||
8 | reasons other than to have access to the educational | ||||||
9 | programs of the district. | ||||||
10 | (iv) Custody exercised by an adult caretaker | ||||||
11 | relative who is receiving aid under the Illinois | ||||||
12 | Public Aid Code for the pupil who resides with that | ||||||
13 | adult caretaker relative for purposes other than to | ||||||
14 | have access to the educational programs of the | ||||||
15 | district. | ||||||
16 | (v) Custody exercised by an adult who demonstrates | ||||||
17 | that, in fact, he or she has assumed and exercises | ||||||
18 | legal responsibility for the pupil and provides the | ||||||
19 | pupil with a regular fixed night-time abode for | ||||||
20 | purposes other than to have access to the educational | ||||||
21 | programs of the district. | ||||||
22 | (a-5) If a pupil's change of residence is due to the | ||||||
23 | military service obligation of a person who has legal custody | ||||||
24 | of the pupil, then, upon the written request of the person | ||||||
25 | having legal custody of the pupil, the residence of the pupil | ||||||
26 | is deemed for all purposes relating to enrollment (including |
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1 | tuition, fees, and costs), for the duration of the custodian's | ||||||
2 | military service obligation, to be the same as the residence | ||||||
3 | of the pupil immediately before the change of residence caused | ||||||
4 | by the military service obligation. A school district is not | ||||||
5 | responsible for providing transportation to or from school for | ||||||
6 | a pupil whose residence is determined under this subsection | ||||||
7 | (a-5). School districts shall facilitate re-enrollment when | ||||||
8 | necessary to comply with this subsection (a-5). | ||||||
9 | (b) Except as otherwise provided under Section 10-22.5a, | ||||||
10 | only resident pupils of a school district may attend the | ||||||
11 | schools of the district without payment of the tuition | ||||||
12 | required to be charged under Section 10-20.12a. However, (i) a | ||||||
13 | child children for whom the Guardianship Administrator of the | ||||||
14 | Department of Children and Family Services has been appointed | ||||||
15 | temporary custodian or guardian of the person of the a child | ||||||
16 | and who shall not be charged tuition as a nonresident pupil if | ||||||
17 | the child was placed by the Department of Children and Family | ||||||
18 | Services with a foster parent or placed in another type of | ||||||
19 | child care facility or (ii) a child who has been placed in the | ||||||
20 | temporary custody of the child's other custodial parent by the | ||||||
21 | Department of Children and Family Services shall not be | ||||||
22 | charged tuition as a nonresident pupil if and the foster | ||||||
23 | parent , or child care facility , or other custodial parent is | ||||||
24 | located in a school district other than the child's former | ||||||
25 | school district and it is determined by the Department of | ||||||
26 | Children and Family Services or the other custodial parent to |
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1 | be in the child's best interest to maintain attendance at the | ||||||
2 | child's his or her former school district. | ||||||
3 | (c) The provisions of this subsection do not apply in | ||||||
4 | school districts having a population of 500,000 or more. If a | ||||||
5 | school board in a school district with a population of less | ||||||
6 | than 500,000 determines that a pupil who is attending school | ||||||
7 | in the district on a tuition free basis is a nonresident of the | ||||||
8 | district for whom tuition is required to be charged under | ||||||
9 | Section 10-20.12a, the board shall notify the person who | ||||||
10 | enrolled the pupil of the amount of the tuition charged under | ||||||
11 | Section 10-20.12a that is due to the district for a | ||||||
12 | nonresident pupil's attendance in the district's schools. The | ||||||
13 | notice shall detail the specific reasons why the board | ||||||
14 | believes that the pupil is a nonresident of the district and | ||||||
15 | shall be given by certified mail, return receipt requested. | ||||||
16 | Within 10 calendar days after receipt of the notice, the | ||||||
17 | person who enrolled the pupil may request a hearing to review | ||||||
18 | the determination of the school board. The request shall be | ||||||
19 | sent by certified mail, return receipt requested, to the | ||||||
20 | district superintendent. Within 10 calendar days after receipt | ||||||
21 | of the request, the board shall notify, by certified mail, | ||||||
22 | return receipt requested, the person requesting the hearing of | ||||||
23 | the time and place of the hearing, which shall be held not less | ||||||
24 | than 10 nor more than 20 calendar days after the notice of | ||||||
25 | hearing is given. At least 3 calendar days prior to the | ||||||
26 | hearing, each party shall disclose to the other party all |
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1 | written evidence and testimony that it may submit during the | ||||||
2 | hearing and a list of witnesses that it may call to testify | ||||||
3 | during the hearing. The hearing notice shall notify the person | ||||||
4 | requesting the hearing that any written evidence and testimony | ||||||
5 | or witnesses not disclosed to the other party at least 3 | ||||||
6 | calendar days prior to the hearing are barred at the hearing | ||||||
7 | without the consent of the other party. The board or a hearing | ||||||
8 | officer designated by the board shall conduct the hearing. The | ||||||
9 | board and the person who enrolled the pupil may be represented | ||||||
10 | at the hearing by representatives of their choice. At the | ||||||
11 | hearing, the person who enrolled the pupil shall have the | ||||||
12 | burden of going forward with the evidence concerning the | ||||||
13 | pupil's residency. If the hearing is conducted by a hearing | ||||||
14 | officer, the hearing officer, within 5 calendar days after the | ||||||
15 | conclusion of the hearing, shall send a written report of his | ||||||
16 | or her findings by certified mail, return receipt requested, | ||||||
17 | to the school board and to the person who enrolled the pupil. | ||||||
18 | The person who enrolled the pupil may, within 5 calendar days | ||||||
19 | after receiving the findings, file written objections to the | ||||||
20 | findings with the school board by sending the objections by | ||||||
21 | certified mail, return receipt requested, addressed to the | ||||||
22 | district superintendent. Whether the hearing is conducted by | ||||||
23 | the school board or a hearing officer, the school board shall, | ||||||
24 | within 30 calendar days after the conclusion of the hearing, | ||||||
25 | decide whether or not the pupil is a resident of the district | ||||||
26 | and the amount of any tuition required to be charged under |
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1 | Section 10-20.12a as a result of the pupil's attendance in the | ||||||
2 | schools of the district. The school board shall send a copy of | ||||||
3 | its decision within 5 calendar days of its decision to the | ||||||
4 | person who enrolled the pupil by certified mail, return | ||||||
5 | receipt requested. This decision must inform the person who | ||||||
6 | enrolled the pupil that he or she may, within 5 calendar days | ||||||
7 | after receipt of the decision of the board, petition the | ||||||
8 | regional superintendent of schools to review the decision. The | ||||||
9 | decision must also include notification that, at the request | ||||||
10 | of the person who enrolled the pupil, the pupil may continue | ||||||
11 | attending the schools of the district pending the regional | ||||||
12 | superintendent of schools' review of the board's decision but | ||||||
13 | that tuition shall continue to be assessed under Section | ||||||
14 | 10-20.12a of this Code during the review period and become due | ||||||
15 | upon a final determination of the regional superintendent of | ||||||
16 | schools that the student is a nonresident. | ||||||
17 | Within 5 calendar days after receipt of the decision of | ||||||
18 | the board pursuant to this subsection (c) of this Section, the | ||||||
19 | person who enrolled the pupil may petition the regional | ||||||
20 | superintendent of schools who exercises supervision and | ||||||
21 | control of the board to review the board's decision. The | ||||||
22 | petition must include the basis for the request and be sent by | ||||||
23 | certified mail, return receipt requested, to both the regional | ||||||
24 | superintendent of schools and the district superintendent. | ||||||
25 | Within 5 calendar days after receipt of the petition, the | ||||||
26 | board must deliver to the regional superintendent of schools |
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1 | the written decision of the board, any written evidence and | ||||||
2 | testimony that was submitted by the parties during the | ||||||
3 | hearing, a list of all witnesses that testified during the | ||||||
4 | hearing, and any existing written minutes or transcript of the | ||||||
5 | hearing or verbatim record of the hearing in the form of an | ||||||
6 | audio or video recording documenting the hearing. The board | ||||||
7 | may also provide the regional superintendent of schools and | ||||||
8 | the petitioner with a written response to the petition. The | ||||||
9 | regional superintendent of schools' review of the board's | ||||||
10 | decision is limited to the documentation submitted to the | ||||||
11 | regional superintendent of schools pursuant to this Section. | ||||||
12 | Within 10 calendar days after receipt of the documentation | ||||||
13 | provided by the school district pursuant to this Section, the | ||||||
14 | regional superintendent of schools shall issue a written | ||||||
15 | decision as to whether or not there is clear and convincing | ||||||
16 | evidence that the pupil is a resident of the district pursuant | ||||||
17 | to this Section and eligible to attend the district's schools | ||||||
18 | on a tuition-free basis. The decision shall be transmitted to | ||||||
19 | the board and the person who enrolled the pupil and shall, with | ||||||
20 | specificity, detail the rationale behind the decision. | ||||||
21 | (c-5) The provisions of this subsection apply only in | ||||||
22 | school districts having a population of 500,000 or more. If | ||||||
23 | the board of education of a school district with a population | ||||||
24 | of 500,000 or more determines that a pupil who is attending | ||||||
25 | school in the district on a tuition free basis is a nonresident | ||||||
26 | of the district for whom tuition is required to be charged |
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1 | under Section 10-20.12a, the board shall notify the person who | ||||||
2 | enrolled the pupil of the amount of the tuition charged under | ||||||
3 | Section 10-20.12a that is due to the district for the | ||||||
4 | nonresident pupil's attendance in the district's schools. The | ||||||
5 | notice shall be given by certified mail, return receipt | ||||||
6 | requested. Within 10 calendar days after receipt of the | ||||||
7 | notice, the person who enrolled the pupil may request a | ||||||
8 | hearing to review the determination of the school board. The | ||||||
9 | request shall be sent by certified mail, return receipt | ||||||
10 | requested, to the district superintendent. Within 30 calendar | ||||||
11 | days after receipt of the request, the board shall notify, by | ||||||
12 | certified mail, return receipt requested, the person | ||||||
13 | requesting the hearing of the time and place of the hearing, | ||||||
14 | which shall be held not less than 10 calendar nor more than 30 | ||||||
15 | calendar days after the notice of hearing is given. The board | ||||||
16 | or a hearing officer designated by the board shall conduct the | ||||||
17 | hearing. The board and the person who enrolled the pupil may | ||||||
18 | each be represented at the hearing by a representative of | ||||||
19 | their choice. At the hearing, the person who enrolled the | ||||||
20 | pupil shall have the burden of going forward with the evidence | ||||||
21 | concerning the pupil's residency. If the hearing is conducted | ||||||
22 | by a hearing officer, the hearing officer, within 20 calendar | ||||||
23 | days after the conclusion of the hearing, shall serve a | ||||||
24 | written report of his or her findings by personal service or by | ||||||
25 | certified mail, return receipt requested, to the school board | ||||||
26 | and to the person who enrolled the pupil. The person who |
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1 | enrolled the pupil may, within 10 calendar days after | ||||||
2 | receiving the findings, file written objections to the | ||||||
3 | findings with the board of education by sending the objections | ||||||
4 | by certified mail, return receipt requested, addressed to the | ||||||
5 | general superintendent of schools. If the hearing is conducted | ||||||
6 | by the board of education, the board shall, within 45 calendar | ||||||
7 | days after the conclusion of the hearing, decide whether or | ||||||
8 | not the pupil is a resident of the district and the amount of | ||||||
9 | any tuition required to be charged under Section 10-20.12a as | ||||||
10 | a result of the pupil's attendance in the schools of the | ||||||
11 | district. If the hearing is conducted by a hearing officer, | ||||||
12 | the board of education shall, within 45 days after the receipt | ||||||
13 | of the hearing officer's findings, decide whether or not the | ||||||
14 | pupil is a resident of the district and the amount of any | ||||||
15 | tuition required to be charged under Section 10-20.12a as a | ||||||
16 | result of the pupil's attendance in the schools of the | ||||||
17 | district. The board of education shall send, by certified | ||||||
18 | mail, return receipt requested, a copy of its decision to the | ||||||
19 | person who enrolled the pupil, and the decision of the board | ||||||
20 | shall be final. | ||||||
21 | (d) If a hearing is requested under subsection (c) of this | ||||||
22 | Section to review the determination of the school board or | ||||||
23 | board of education that a nonresident pupil is attending the | ||||||
24 | schools of the district without payment of the tuition | ||||||
25 | required to be charged under Section 10-20.12a, the pupil may, | ||||||
26 | at the request of the person who enrolled the pupil, continue |
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1 | attendance at the schools of the district pending the decision | ||||||
2 | of the board or regional superintendent of schools, as | ||||||
3 | applicable, and the school district's payments under Section | ||||||
4 | 18-8.05 of this Code shall not be adjusted due to tuition | ||||||
5 | collection under this Section. However, attendance of that | ||||||
6 | pupil in the schools of the district as authorized by this | ||||||
7 | subsection (d) shall not relieve any person who enrolled the | ||||||
8 | pupil of the obligation to pay the tuition charged for that | ||||||
9 | attendance under Section 10-20.12a if the final decision of | ||||||
10 | the board or regional superintendent of schools is that the | ||||||
11 | pupil is a nonresident of the district. If a pupil is | ||||||
12 | determined to be a nonresident of the district for whom | ||||||
13 | tuition is required to be charged pursuant to this Section, | ||||||
14 | the board shall refuse to permit the pupil to continue | ||||||
15 | attending the schools of the district unless the required | ||||||
16 | tuition is paid for the pupil. | ||||||
17 | (d-5) If a hearing is requested under subsection (c-5) of | ||||||
18 | this Section to review the determination of the board of | ||||||
19 | education that a nonresident pupil is attending the schools of | ||||||
20 | the district without payment of the tuition required to be | ||||||
21 | charged under Section 10-20.12a of this Code, the pupil may, | ||||||
22 | at the request of the person who enrolled the pupil, continue | ||||||
23 | attendance at the schools of the district pending a final | ||||||
24 | decision of the board following the hearing. However, | ||||||
25 | attendance of that pupil in the schools of the district as | ||||||
26 | authorized by this subsection (d-5) shall not relieve any |
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1 | person who enrolled the pupil of the obligation to pay the | ||||||
2 | tuition charged for that attendance under Section 10-20.12a of | ||||||
3 | this Code if the final decision of the board is that the pupil | ||||||
4 | is a nonresident of the district. If a pupil is determined to | ||||||
5 | be a nonresident of the district for whom tuition is required | ||||||
6 | to be charged pursuant to this Section, the board shall refuse | ||||||
7 | to permit the pupil to continue attending the schools of the | ||||||
8 | district unless the required tuition is paid for the pupil. | ||||||
9 | (e) Except for a pupil referred to in subsection (b) of | ||||||
10 | Section 10-22.5a, a pupil referred to in Section 10-20.12a, or | ||||||
11 | a pupil referred to in subsection (b) of this Section, a person | ||||||
12 | who knowingly enrolls or attempts to enroll in the schools of a | ||||||
13 | school district on a tuition free basis a pupil known by that | ||||||
14 | person to be a nonresident of the district shall be guilty of a | ||||||
15 | Class C misdemeanor. | ||||||
16 | (f) A person who knowingly or wilfully presents to any | ||||||
17 | school district any false information regarding the residency | ||||||
18 | of a pupil for the purpose of enabling that pupil to attend any | ||||||
19 | school in that district without the payment of a nonresident | ||||||
20 | tuition charge shall be guilty of a Class C misdemeanor. | ||||||
21 | (g) The provisions of this Section are subject to the | ||||||
22 | provisions of the Education for Homeless Children Act. Nothing | ||||||
23 | in this Section shall be construed to apply to or require the | ||||||
24 | payment of tuition by a parent or guardian of a "homeless | ||||||
25 | child" (as that term is defined in Section 1-5 of the Education | ||||||
26 | for Homeless Children Act) in connection with or as a result of |
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