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_002.html
Bill Title: SCH CD-NONRESIDENT PUPIL-WAIVE
Status: 2024-07-01 - Public Act . . . . . . . . . 103-0629 [SB2824 Detail]
Download: Illinois-2023-SB2824-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 2824 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2824, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by changing Section | ||||||
6 | 10-20.12b as follows:
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7 | (105 ILCS 5/10-20.12b) | ||||||
8 | Sec. 10-20.12b. Residency; payment of tuition; hearing; | ||||||
9 | criminal penalty. | ||||||
10 | (a) For purposes of this Section: | ||||||
11 | (1) The residence of a person who has legal custody of | ||||||
12 | a pupil is deemed to be the residence of the pupil. | ||||||
13 | (2) "Legal custody" means one of the following: | ||||||
14 | (i) Custody exercised by a natural or adoptive | ||||||
15 | parent with whom the pupil resides. | ||||||
16 | (ii) Custody granted by order of a court of |
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1 | competent jurisdiction to a person with whom the pupil | ||||||
2 | resides for reasons other than to have access to the | ||||||
3 | educational programs of the district. | ||||||
4 | (iii) Custody exercised under a statutory | ||||||
5 | short-term guardianship, provided that within 60 days | ||||||
6 | of the pupil's enrollment a court order is entered | ||||||
7 | that establishes a permanent guardianship and grants | ||||||
8 | custody to a person with whom the pupil resides for | ||||||
9 | reasons other than to have access to the educational | ||||||
10 | programs of the district. | ||||||
11 | (iv) Custody exercised by an adult caretaker | ||||||
12 | relative who is receiving aid under the Illinois | ||||||
13 | Public Aid Code for the pupil who resides with that | ||||||
14 | adult caretaker relative for purposes other than to | ||||||
15 | have access to the educational programs of the | ||||||
16 | district. | ||||||
17 | (v) Custody exercised by an adult who demonstrates | ||||||
18 | that, in fact, he or she has assumed and exercises | ||||||
19 | legal responsibility for the pupil and provides the | ||||||
20 | pupil with a regular fixed night-time abode for | ||||||
21 | purposes other than to have access to the educational | ||||||
22 | programs of the district. | ||||||
23 | (a-5) If a pupil's change of residence is due to the | ||||||
24 | military service obligation of a person who has legal custody | ||||||
25 | of the pupil, then, upon the written request of the person | ||||||
26 | having legal custody of the pupil, the residence of the pupil |
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1 | is deemed for all purposes relating to enrollment (including | ||||||
2 | tuition, fees, and costs), for the duration of the custodian's | ||||||
3 | military service obligation, to be the same as the residence | ||||||
4 | of the pupil immediately before the change of residence caused | ||||||
5 | by the military service obligation. A school district is not | ||||||
6 | responsible for providing transportation to or from school for | ||||||
7 | a pupil whose residence is determined under this subsection | ||||||
8 | (a-5). School districts shall facilitate re-enrollment when | ||||||
9 | necessary to comply with this subsection (a-5). | ||||||
10 | (b) Except as otherwise provided under Section 10-22.5a, | ||||||
11 | only resident pupils of a school district may attend the | ||||||
12 | schools of the district without payment of the tuition | ||||||
13 | required to be charged under Section 10-20.12a. However, (i) a | ||||||
14 | child children for whom the Guardianship Administrator of the | ||||||
15 | Department of Children and Family Services has been appointed | ||||||
16 | temporary custodian or guardian of the person of the a child | ||||||
17 | and who shall not be charged tuition as a nonresident pupil if | ||||||
18 | the child was placed by the Department of Children and Family | ||||||
19 | Services with a foster parent or placed in another type of | ||||||
20 | child care facility or (ii) a child who has been removed from | ||||||
21 | the child's parent or guardian by the Department of Children | ||||||
22 | and Family Services as part of a safety plan shall not be | ||||||
23 | charged tuition as a nonresident pupil if and the foster | ||||||
24 | parent , or child care facility , relative caregiver, or | ||||||
25 | non-custodial parent is located in a school district other | ||||||
26 | than the child's former school district and it is determined |
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1 | by the Department of Children and Family Services to be in the | ||||||
2 | child's best interest to maintain attendance at the child's | ||||||
3 | his or her former school district. | ||||||
4 | (c) The provisions of this subsection do not apply in | ||||||
5 | school districts having a population of 500,000 or more. If a | ||||||
6 | school board in a school district with a population of less | ||||||
7 | than 500,000 determines that a pupil who is attending school | ||||||
8 | in the district on a tuition free basis is a nonresident of the | ||||||
9 | district for whom tuition is required to be charged under | ||||||
10 | Section 10-20.12a, the board shall notify the person who | ||||||
11 | enrolled the pupil of the amount of the tuition charged under | ||||||
12 | Section 10-20.12a that is due to the district for a | ||||||
13 | nonresident pupil's attendance in the district's schools. The | ||||||
14 | notice shall detail the specific reasons why the board | ||||||
15 | believes that the pupil is a nonresident of the district and | ||||||
16 | shall be given by certified mail, return receipt requested. | ||||||
17 | Within 10 calendar days after receipt of the notice, the | ||||||
18 | person who enrolled the pupil may request a hearing to review | ||||||
19 | the determination of the school board. The request shall be | ||||||
20 | sent by certified mail, return receipt requested, to the | ||||||
21 | district superintendent. Within 10 calendar days after receipt | ||||||
22 | of the request, the board shall notify, by certified mail, | ||||||
23 | return receipt requested, the person requesting the hearing of | ||||||
24 | the time and place of the hearing, which shall be held not less | ||||||
25 | than 10 nor more than 20 calendar days after the notice of | ||||||
26 | hearing is given. At least 3 calendar days prior to the |
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1 | hearing, each party shall disclose to the other party all | ||||||
2 | written evidence and testimony that it may submit during the | ||||||
3 | hearing and a list of witnesses that it may call to testify | ||||||
4 | during the hearing. The hearing notice shall notify the person | ||||||
5 | requesting the hearing that any written evidence and testimony | ||||||
6 | or witnesses not disclosed to the other party at least 3 | ||||||
7 | calendar days prior to the hearing are barred at the hearing | ||||||
8 | without the consent of the other party. The board or a hearing | ||||||
9 | officer designated by the board shall conduct the hearing. The | ||||||
10 | board and the person who enrolled the pupil may be represented | ||||||
11 | at the hearing by representatives of their choice. At the | ||||||
12 | hearing, the person who enrolled the pupil shall have the | ||||||
13 | burden of going forward with the evidence concerning the | ||||||
14 | pupil's residency. If the hearing is conducted by a hearing | ||||||
15 | officer, the hearing officer, within 5 calendar days after the | ||||||
16 | conclusion of the hearing, shall send a written report of his | ||||||
17 | or her findings by certified mail, return receipt requested, | ||||||
18 | to the school board and to the person who enrolled the pupil. | ||||||
19 | The person who enrolled the pupil may, within 5 calendar days | ||||||
20 | after receiving the findings, file written objections to the | ||||||
21 | findings with the school board by sending the objections by | ||||||
22 | certified mail, return receipt requested, addressed to the | ||||||
23 | district superintendent. Whether the hearing is conducted by | ||||||
24 | the school board or a hearing officer, the school board shall, | ||||||
25 | within 30 calendar days after the conclusion of the hearing, | ||||||
26 | decide whether or not the pupil is a resident of the district |
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1 | and the amount of any tuition required to be charged under | ||||||
2 | Section 10-20.12a as a result of the pupil's attendance in the | ||||||
3 | schools of the district. The school board shall send a copy of | ||||||
4 | its decision within 5 calendar days of its decision to the | ||||||
5 | person who enrolled the pupil by certified mail, return | ||||||
6 | receipt requested. This decision must inform the person who | ||||||
7 | enrolled the pupil that he or she may, within 5 calendar days | ||||||
8 | after receipt of the decision of the board, petition the | ||||||
9 | regional superintendent of schools to review the decision. The | ||||||
10 | decision must also include notification that, at the request | ||||||
11 | of the person who enrolled the pupil, the pupil may continue | ||||||
12 | attending the schools of the district pending the regional | ||||||
13 | superintendent of schools' review of the board's decision but | ||||||
14 | that tuition shall continue to be assessed under Section | ||||||
15 | 10-20.12a of this Code during the review period and become due | ||||||
16 | upon a final determination of the regional superintendent of | ||||||
17 | schools that the student is a nonresident. | ||||||
18 | Within 5 calendar days after receipt of the decision of | ||||||
19 | the board pursuant to this subsection (c) of this Section, the | ||||||
20 | person who enrolled the pupil may petition the regional | ||||||
21 | superintendent of schools who exercises supervision and | ||||||
22 | control of the board to review the board's decision. The | ||||||
23 | petition must include the basis for the request and be sent by | ||||||
24 | certified mail, return receipt requested, to both the regional | ||||||
25 | superintendent of schools and the district superintendent. | ||||||
26 | Within 5 calendar days after receipt of the petition, the |
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1 | board must deliver to the regional superintendent of schools | ||||||
2 | the written decision of the board, any written evidence and | ||||||
3 | testimony that was submitted by the parties during the | ||||||
4 | hearing, a list of all witnesses that testified during the | ||||||
5 | hearing, and any existing written minutes or transcript of the | ||||||
6 | hearing or verbatim record of the hearing in the form of an | ||||||
7 | audio or video recording documenting the hearing. The board | ||||||
8 | may also provide the regional superintendent of schools and | ||||||
9 | the petitioner with a written response to the petition. The | ||||||
10 | regional superintendent of schools' review of the board's | ||||||
11 | decision is limited to the documentation submitted to the | ||||||
12 | regional superintendent of schools pursuant to this Section. | ||||||
13 | Within 10 calendar days after receipt of the documentation | ||||||
14 | provided by the school district pursuant to this Section, the | ||||||
15 | regional superintendent of schools shall issue a written | ||||||
16 | decision as to whether or not there is clear and convincing | ||||||
17 | evidence that the pupil is a resident of the district pursuant | ||||||
18 | to this Section and eligible to attend the district's schools | ||||||
19 | on a tuition-free basis. The decision shall be transmitted to | ||||||
20 | the board and the person who enrolled the pupil and shall, with | ||||||
21 | specificity, detail the rationale behind the decision. | ||||||
22 | (c-5) The provisions of this subsection apply only in | ||||||
23 | school districts having a population of 500,000 or more. If | ||||||
24 | the board of education of a school district with a population | ||||||
25 | of 500,000 or more determines that a pupil who is attending | ||||||
26 | school in the district on a tuition free basis is a nonresident |
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1 | of the district for whom tuition is required to be charged | ||||||
2 | under Section 10-20.12a, the board shall notify the person who | ||||||
3 | enrolled the pupil of the amount of the tuition charged under | ||||||
4 | Section 10-20.12a that is due to the district for the | ||||||
5 | nonresident pupil's attendance in the district's schools. The | ||||||
6 | notice shall be given by certified mail, return receipt | ||||||
7 | requested. Within 10 calendar days after receipt of the | ||||||
8 | notice, the person who enrolled the pupil may request a | ||||||
9 | hearing to review the determination of the school board. The | ||||||
10 | request shall be sent by certified mail, return receipt | ||||||
11 | requested, to the district superintendent. Within 30 calendar | ||||||
12 | days after receipt of the request, the board shall notify, by | ||||||
13 | certified mail, return receipt requested, the person | ||||||
14 | requesting the hearing of the time and place of the hearing, | ||||||
15 | which shall be held not less than 10 calendar nor more than 30 | ||||||
16 | calendar days after the notice of hearing is given. The board | ||||||
17 | or a hearing officer designated by the board shall conduct the | ||||||
18 | hearing. The board and the person who enrolled the pupil may | ||||||
19 | each be represented at the hearing by a representative of | ||||||
20 | their choice. At the hearing, the person who enrolled the | ||||||
21 | pupil shall have the burden of going forward with the evidence | ||||||
22 | concerning the pupil's residency. If the hearing is conducted | ||||||
23 | by a hearing officer, the hearing officer, within 20 calendar | ||||||
24 | days after the conclusion of the hearing, shall serve a | ||||||
25 | written report of his or her findings by personal service or by | ||||||
26 | certified mail, return receipt requested, to the school board |
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1 | and to the person who enrolled the pupil. The person who | ||||||
2 | enrolled the pupil may, within 10 calendar days after | ||||||
3 | receiving the findings, file written objections to the | ||||||
4 | findings with the board of education by sending the objections | ||||||
5 | by certified mail, return receipt requested, addressed to the | ||||||
6 | general superintendent of schools. If the hearing is conducted | ||||||
7 | by the board of education, the board shall, within 45 calendar | ||||||
8 | days after the conclusion of the hearing, decide whether or | ||||||
9 | not the pupil is a resident of the district and the amount of | ||||||
10 | any tuition required to be charged under Section 10-20.12a as | ||||||
11 | a result of the pupil's attendance in the schools of the | ||||||
12 | district. If the hearing is conducted by a hearing officer, | ||||||
13 | the board of education shall, within 45 days after the receipt | ||||||
14 | of the hearing officer's findings, decide whether or not the | ||||||
15 | pupil is a resident of the district and the amount of any | ||||||
16 | tuition required to be charged under Section 10-20.12a as a | ||||||
17 | result of the pupil's attendance in the schools of the | ||||||
18 | district. The board of education shall send, by certified | ||||||
19 | mail, return receipt requested, a copy of its decision to the | ||||||
20 | person who enrolled the pupil, and the decision of the board | ||||||
21 | shall be final. | ||||||
22 | (d) If a hearing is requested under subsection (c) of this | ||||||
23 | Section to review the determination of the school board or | ||||||
24 | board of education that a nonresident pupil is attending the | ||||||
25 | schools of the district without payment of the tuition | ||||||
26 | required to be charged under Section 10-20.12a, the pupil may, |
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1 | at the request of the person who enrolled the pupil, continue | ||||||
2 | attendance at the schools of the district pending the decision | ||||||
3 | of the board or regional superintendent of schools, as | ||||||
4 | applicable, and the school district's payments under Section | ||||||
5 | 18-8.05 of this Code shall not be adjusted due to tuition | ||||||
6 | collection under this Section. However, attendance of that | ||||||
7 | pupil in the schools of the district as authorized by this | ||||||
8 | subsection (d) shall not relieve any person who enrolled the | ||||||
9 | pupil of the obligation to pay the tuition charged for that | ||||||
10 | attendance under Section 10-20.12a if the final decision of | ||||||
11 | the board or regional superintendent of schools is that the | ||||||
12 | pupil is a nonresident of the district. If a pupil is | ||||||
13 | determined to be a nonresident of the district for whom | ||||||
14 | tuition is required to be charged pursuant to this Section, | ||||||
15 | the board shall refuse to permit the pupil to continue | ||||||
16 | attending the schools of the district unless the required | ||||||
17 | tuition is paid for the pupil. | ||||||
18 | (d-5) If a hearing is requested under subsection (c-5) of | ||||||
19 | this Section to review the determination of the board of | ||||||
20 | education that a nonresident pupil is attending the schools of | ||||||
21 | the district without payment of the tuition required to be | ||||||
22 | charged under Section 10-20.12a of this Code, the pupil may, | ||||||
23 | at the request of the person who enrolled the pupil, continue | ||||||
24 | attendance at the schools of the district pending a final | ||||||
25 | decision of the board following the hearing. However, | ||||||
26 | attendance of that pupil in the schools of the district as |
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1 | authorized by this subsection (d-5) shall not relieve any | ||||||
2 | person who enrolled the pupil of the obligation to pay the | ||||||
3 | tuition charged for that attendance under Section 10-20.12a of | ||||||
4 | this Code if the final decision of the board is that the pupil | ||||||
5 | is a nonresident of the district. If a pupil is determined to | ||||||
6 | be a nonresident of the district for whom tuition is required | ||||||
7 | to be charged pursuant to this Section, the board shall refuse | ||||||
8 | to permit the pupil to continue attending the schools of the | ||||||
9 | district unless the required tuition is paid for the pupil. | ||||||
10 | (e) Except for a pupil referred to in subsection (b) of | ||||||
11 | Section 10-22.5a, a pupil referred to in Section 10-20.12a, or | ||||||
12 | a pupil referred to in subsection (b) of this Section, a person | ||||||
13 | who knowingly enrolls or attempts to enroll in the schools of a | ||||||
14 | school district on a tuition free basis a pupil known by that | ||||||
15 | person to be a nonresident of the district shall be guilty of a | ||||||
16 | Class C misdemeanor. | ||||||
17 | (f) A person who knowingly or wilfully presents to any | ||||||
18 | school district any false information regarding the residency | ||||||
19 | of a pupil for the purpose of enabling that pupil to attend any | ||||||
20 | school in that district without the payment of a nonresident | ||||||
21 | tuition charge shall be guilty of a Class C misdemeanor. | ||||||
22 | (g) The provisions of this Section are subject to the | ||||||
23 | provisions of the Education for Homeless Children Act. Nothing | ||||||
24 | in this Section shall be construed to apply to or require the | ||||||
25 | payment of tuition by a parent or guardian of a "homeless | ||||||
26 | child" (as that term is defined in Section 1-5 of the Education |
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