Bill Text: IL HB3858 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the School Code. Provides that a person who knowingly enrolls or attempts to enroll, on a tuition-free basis, a pupil known by that person to be a nonresident of a school district having a population of 500,000 or more or who knowingly or willfully presents to a school district having a population of 500,000 or more 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 also be charged a civil penalty of at least $30,000. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB3858 Detail]
Download: Illinois-2017-HB3858-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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)
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7 | Sec. 10-20.12b. Residency; payment of tuition; hearing; | ||||||||||||||||||||||||
8 | criminal penalty.
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9 | (a) For purposes of this Section:
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10 | (1) The residence of a person who has legal custody of | ||||||||||||||||||||||||
11 | a pupil is
deemed to be the residence of the pupil.
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12 | (2) "Legal custody" means one of the following:
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13 | (i) Custody exercised by a natural or adoptive | ||||||||||||||||||||||||
14 | parent with whom the
pupil resides.
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15 | (ii) Custody granted by order of a court of | ||||||||||||||||||||||||
16 | competent jurisdiction to a
person with whom the pupil | ||||||||||||||||||||||||
17 | resides for reasons other than to have access to the
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18 | educational programs of the district.
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19 | (iii) Custody exercised under a statutory | ||||||||||||||||||||||||
20 | short-term guardianship,
provided that within 60 days | ||||||||||||||||||||||||
21 | of the pupil's enrollment a court order is entered
that | ||||||||||||||||||||||||
22 | establishes a permanent guardianship and grants | ||||||||||||||||||||||||
23 | custody to a person with
whom the pupil resides for |
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1 | reasons other than to have access to the educational
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2 | programs of the district.
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3 | (iv) Custody exercised by an adult caretaker | ||||||
4 | relative who is receiving
aid under the Illinois Public | ||||||
5 | Aid Code for the pupil who resides with that
adult | ||||||
6 | caretaker relative for purposes other than to have | ||||||
7 | access to the
educational programs of the district.
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8 | (v) Custody exercised by an adult who demonstrates | ||||||
9 | that, in fact, he or
she has assumed and exercises | ||||||
10 | legal responsibility for the pupil and provides
the | ||||||
11 | pupil with a regular fixed night-time abode for | ||||||
12 | purposes other than to have
access to the educational | ||||||
13 | programs of the district.
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14 | (a-5) If a pupil's change of residence is due to the | ||||||
15 | military service obligation of a person who has legal custody | ||||||
16 | of the pupil, then, upon the written request of the person | ||||||
17 | having legal custody of the pupil, the residence of the pupil | ||||||
18 | is deemed for all purposes relating to enrollment (including | ||||||
19 | tuition, fees, and costs), for the duration of the custodian's | ||||||
20 | military service obligation, to be the same as the residence of | ||||||
21 | the pupil immediately before the change of residence caused by | ||||||
22 | the military service obligation. A school district is not | ||||||
23 | responsible for providing transportation to or from school for | ||||||
24 | a pupil whose residence is determined under this subsection | ||||||
25 | (a-5). School districts shall facilitate re-enrollment when | ||||||
26 | necessary to comply with this subsection (a-5). |
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1 | (b) Except as otherwise provided under Section 10-22.5a, | ||||||
2 | only resident
pupils of a school district may attend the | ||||||
3 | schools of the district without
payment of the tuition required | ||||||
4 | to be charged under Section 10-20.12a.
However, children for | ||||||
5 | whom the Guardianship Administrator of the Department of
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6 | Children and Family Services has been appointed temporary | ||||||
7 | custodian or guardian
of the person of a child shall not be | ||||||
8 | charged tuition as a nonresident pupil if
the child was placed | ||||||
9 | by the Department of Children and Family Services with a
foster | ||||||
10 | parent or placed in another type of child care facility and the | ||||||
11 | foster
parent or child care facility is located in a school | ||||||
12 | district other than
the child's former school district and it | ||||||
13 | is determined by the Department of
Children and Family Services | ||||||
14 | to be in the child's
best interest to maintain attendance at | ||||||
15 | his or her former school district.
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16 | (c) The provisions of this subsection do not apply in | ||||||
17 | school districts
having a population of 500,000 or more.
If a | ||||||
18 | school board in a school district with a population of less | ||||||
19 | than
500,000 determines that a pupil who is attending school in
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20 | the district on a tuition free basis is a nonresident of the | ||||||
21 | district for whom
tuition is required to be charged under | ||||||
22 | Section 10-20.12a, the board shall
notify the person who | ||||||
23 | enrolled the pupil of the amount of the tuition
charged under | ||||||
24 | Section 10-20.12a that is due to the district for a nonresident
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25 | pupil's attendance in the district's schools. The notice shall | ||||||
26 | detail the specific reasons why the board believes that the |
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1 | pupil is a nonresident of the district and shall be given by
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2 | certified mail, return receipt requested. Within 10 calendar | ||||||
3 | days after receipt of the
notice, the person who enrolled the | ||||||
4 | pupil may request a hearing to
review the determination of the | ||||||
5 | school board. The request shall be sent by
certified mail, | ||||||
6 | return receipt requested, to the district superintendent.
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7 | Within 10 calendar days after receipt of the request, the board | ||||||
8 | shall notify, by
certified mail, return receipt requested, the | ||||||
9 | person requesting the hearing of
the time and place of the | ||||||
10 | hearing, which shall be held not less than 10 nor
more than 20 | ||||||
11 | calendar days after the
notice of hearing is given. At least 3 | ||||||
12 | calendar days prior to the hearing, each party shall disclose | ||||||
13 | to the other party all written evidence and testimony that it | ||||||
14 | may submit during the hearing and a list of witnesses that it | ||||||
15 | may call to testify during the hearing. The hearing notice | ||||||
16 | shall notify the person requesting the hearing that any written | ||||||
17 | evidence and testimony or witnesses not disclosed to the other | ||||||
18 | party at least 3 calendar days prior to the hearing are barred | ||||||
19 | at the hearing without the consent of the other party. The | ||||||
20 | board or a hearing officer designated by the
board shall | ||||||
21 | conduct the hearing. The board and the person who enrolled
the | ||||||
22 | pupil may be represented at the hearing by representatives of | ||||||
23 | their
choice. At the hearing, the person who enrolled the pupil | ||||||
24 | shall have the
burden of going forward with the evidence | ||||||
25 | concerning the pupil's residency. If
the hearing is conducted | ||||||
26 | by a hearing officer, the hearing officer,
within 5 calendar |
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1 | days after the conclusion of the hearing, shall send a written | ||||||
2 | report
of his or her findings by certified mail, return receipt | ||||||
3 | requested, to the
school board and to the person who enrolled | ||||||
4 | the pupil.
The person who enrolled the pupil may, within 5 | ||||||
5 | calendar days
after receiving the findings, file written | ||||||
6 | objections to the findings with the
school board by sending the | ||||||
7 | objections by certified mail, return receipt
requested, | ||||||
8 | addressed to the district superintendent.
Whether the hearing | ||||||
9 | is conducted by the school board or a hearing officer, the
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10 | school board shall, within 30 calendar days after the | ||||||
11 | conclusion of the hearing, decide
whether or not the pupil is a | ||||||
12 | resident of the district and the amount of any
tuition required | ||||||
13 | to be charged under Section 10-20.12a as a result of the
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14 | pupil's attendance in the schools of the district. The school | ||||||
15 | board shall send
a copy of its decision within 5 calendar days | ||||||
16 | of its decision to the person who enrolled the
pupil by | ||||||
17 | certified mail, return receipt requested. This decision must | ||||||
18 | inform the person who enrolled the pupil that he or she may, | ||||||
19 | within 5 calendar days after receipt of the decision of the | ||||||
20 | board, petition the regional superintendent of schools to | ||||||
21 | review the decision. The decision must also include | ||||||
22 | notification that, at the request of the person who enrolled | ||||||
23 | the pupil, the pupil may continue attending the schools of the | ||||||
24 | district pending the regional superintendent of schools' | ||||||
25 | review of the board's decision but that tuition shall continue | ||||||
26 | to be assessed under Section 10-20.12a of this Code during the |
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1 | review period and become due upon a final determination of the | ||||||
2 | regional superintendent of schools that the student is a | ||||||
3 | nonresident.
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4 | Within 5 calendar days after receipt of the decision of the | ||||||
5 | board pursuant to this subsection (c) of this Section, the | ||||||
6 | person who enrolled the pupil may petition the regional | ||||||
7 | superintendent of schools who exercises supervision and | ||||||
8 | control of the board to review the board's decision. The | ||||||
9 | petition must include the basis for the request and be sent by | ||||||
10 | certified mail, return receipt requested, to both the regional | ||||||
11 | superintendent of schools and the district superintendent. | ||||||
12 | Within 5 calendar days after receipt of the petition, the | ||||||
13 | board must deliver to the regional superintendent of schools | ||||||
14 | the written decision of the board, any written evidence and | ||||||
15 | testimony that was submitted by the parties during the hearing, | ||||||
16 | a list of all witnesses that testified during the hearing, and | ||||||
17 | any existing written minutes or transcript of the hearing or | ||||||
18 | verbatim record of the hearing in the form of an audio or video | ||||||
19 | recording documenting the hearing. The board may also provide | ||||||
20 | the regional superintendent of schools and the petitioner with | ||||||
21 | a written response to the petition. The regional superintendent | ||||||
22 | of schools' review of the board's decision is limited to the | ||||||
23 | documentation submitted to the regional superintendent of | ||||||
24 | schools pursuant to this Section. | ||||||
25 | Within 10 calendar days after receipt of the documentation | ||||||
26 | provided by the school district pursuant to this Section, the |
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1 | regional superintendent of schools shall issue a written | ||||||
2 | decision as to whether or not there is clear and convincing | ||||||
3 | evidence that the pupil is a resident of the district pursuant | ||||||
4 | to this Section and eligible to attend the district's schools | ||||||
5 | on a tuition-free basis. The decision shall be transmitted to | ||||||
6 | the board and the person who enrolled the pupil and shall, with | ||||||
7 | specificity, detail the rationale behind the decision. | ||||||
8 | (c-5) The provisions of this subsection apply only in | ||||||
9 | school districts
having a population of 500,000 or more. If the | ||||||
10 | board of education of a school
district with a population of | ||||||
11 | 500,000 or more determines that a pupil who is
attending school | ||||||
12 | in the district on a tuition free basis is a nonresident of
the | ||||||
13 | district for whom tuition is required to be charged under | ||||||
14 | Section
10-20.12a, the board shall notify the person who | ||||||
15 | enrolled the pupil of the
amount of the tuition charged under | ||||||
16 | Section 10-20.12a that is due to the
district for the | ||||||
17 | nonresident pupil's attendance in the district's schools. The
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18 | notice shall be given by certified mail, return receipt | ||||||
19 | requested. Within 10 calendar
days after receipt of the notice, | ||||||
20 | the person who enrolled the pupil may request
a hearing to | ||||||
21 | review the determination of the school board. The request shall
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22 | be sent by certified mail, return receipt requested, to the | ||||||
23 | district
superintendent. Within 30 calendar days after receipt | ||||||
24 | of the
request, the board shall notify, by certified mail, | ||||||
25 | return receipt requested,
the person requesting the hearing of | ||||||
26 | the time and place of the hearing, which
shall be held not less |
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1 | than 10 calendar nor more than 30 calendar days after the | ||||||
2 | notice of
hearing is given. The board or a hearing officer | ||||||
3 | designated by the board shall
conduct the hearing. The board | ||||||
4 | and the person who enrolled the pupil may each
be represented | ||||||
5 | at the hearing by a representative of their choice. At the
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6 | hearing, the person who enrolled the pupil shall have the | ||||||
7 | burden of going
forward with the evidence concerning the | ||||||
8 | pupil's residency. If the hearing is
conducted by a hearing | ||||||
9 | officer, the hearing officer, within 20 calendar days after the
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10 | conclusion of the hearing, shall serve a written report of his | ||||||
11 | or her findings
by personal service or by certified mail, | ||||||
12 | return receipt requested, to the
school board and to the person | ||||||
13 | who enrolled the pupil. The person who enrolled
the pupil may, | ||||||
14 | within 10 calendar days after receiving the findings, file | ||||||
15 | written
objections to the findings with the board of education | ||||||
16 | by sending the
objections by certified mail, return receipt | ||||||
17 | requested, addressed to the
general superintendent of schools. | ||||||
18 | If the hearing is conducted by the board of
education, the | ||||||
19 | board shall, within 45 calendar days after the
conclusion of | ||||||
20 | the hearing, decide whether or not the pupil is a resident of | ||||||
21 | the
district and the amount of any tuition required to be | ||||||
22 | charged under Section
10-20.12a as a result of the pupil's | ||||||
23 | attendance in the schools of the district.
If the hearing is | ||||||
24 | conducted by a hearing officer, the board of education
shall, | ||||||
25 | within 45 days after the receipt of the hearing officer's | ||||||
26 | findings,
decide whether or not the pupil is a resident of the |
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1 | district and the amount of
any tuition required to be charged | ||||||
2 | under Section 10-20.12a as a result of the
pupil's attendance | ||||||
3 | in the schools of the district. The board of education
shall | ||||||
4 | send, by certified mail, return receipt requested, a copy of | ||||||
5 | its decision
to the person who enrolled the pupil, and the | ||||||
6 | decision of the board shall be
final.
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7 | (d) If a hearing is requested under subsection (c) of this | ||||||
8 | Section to review
the determination of the school board or | ||||||
9 | board of education that a nonresident pupil is attending the | ||||||
10 | schools of the
district without payment of the tuition required | ||||||
11 | to be charged under Section
10-20.12a, the pupil may, at the | ||||||
12 | request of the person who enrolled
the pupil, continue | ||||||
13 | attendance at the schools of the district pending the
decision | ||||||
14 | of the board or regional superintendent of schools, as | ||||||
15 | applicable, and the school district's payments under Section | ||||||
16 | 18-8.05 of this Code shall not be adjusted due to tuition | ||||||
17 | collection under this Section. However, attendance of
that | ||||||
18 | pupil in the schools of the district as authorized by this | ||||||
19 | subsection (d)
shall not relieve any person who enrolled the | ||||||
20 | pupil of the obligation to pay
the tuition
charged for that | ||||||
21 | attendance under Section 10-20.12a if the final decision of
the | ||||||
22 | board or regional superintendent of schools is that the pupil | ||||||
23 | is a nonresident of the district.
If a pupil is determined to | ||||||
24 | be a nonresident of the district for whom tuition
is required | ||||||
25 | to be charged pursuant to this Section, the board shall
refuse | ||||||
26 | to permit the pupil to continue attending the schools of the |
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1 | district
unless the required tuition is paid for the pupil.
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2 | (d-5) If a hearing is requested under subsection (c-5) of | ||||||
3 | this Section to review the determination of the board of | ||||||
4 | education that a nonresident pupil is attending the schools of | ||||||
5 | the district without payment of the tuition required to be | ||||||
6 | charged under Section 10-20.12a of this Code, the pupil may, at | ||||||
7 | the request of the person who enrolled the pupil, continue | ||||||
8 | attendance at the schools of the district pending a final | ||||||
9 | decision of the board following the hearing. However, | ||||||
10 | attendance of that pupil in the schools of the district as | ||||||
11 | authorized by this subsection (d-5) shall not relieve any | ||||||
12 | person who enrolled the pupil of the obligation to pay the | ||||||
13 | tuition charged for that attendance under Section 10-20.12a of | ||||||
14 | this Code if the final decision of the board is that the pupil | ||||||
15 | is a nonresident of the district. If a pupil is determined to | ||||||
16 | be a nonresident of the district for whom tuition is required | ||||||
17 | to be charged pursuant to this Section, the board shall refuse | ||||||
18 | to permit the pupil to continue attending the schools of the | ||||||
19 | district unless the required tuition is paid for the pupil. | ||||||
20 | (e) Except for a pupil referred to in subsection (b) of | ||||||
21 | Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or | ||||||
22 | a pupil referred to in subsection
(b) of this Section, a person | ||||||
23 | who knowingly enrolls or
attempts to enroll in the schools of a | ||||||
24 | school district on a tuition free basis
a pupil known by that | ||||||
25 | person to be a nonresident of the district shall be
guilty of a | ||||||
26 | Class C misdemeanor.
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1 | (f) A person who knowingly or wilfully presents to any | ||||||
2 | school district any
false information regarding the residency | ||||||
3 | of a pupil for the purpose of
enabling that pupil to attend any | ||||||
4 | school in that district without the payment
of a nonresident | ||||||
5 | tuition charge shall be guilty of a Class C misdemeanor. | ||||||
6 | (f-5) In a school district having a population of 500,000 | ||||||
7 | or more, a person who violates subsection (e) or (f) of this | ||||||
8 | Section shall also be charged a civil penalty of at least | ||||||
9 | $30,000.
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10 | (g) The provisions of this Section are subject to the | ||||||
11 | provisions of the
Education for Homeless Children Act. Nothing | ||||||
12 | in this Section shall be
construed to apply to or require the | ||||||
13 | payment of tuition by a parent or guardian
of a "homeless | ||||||
14 | child" (as that term is defined in Section 1-5 of the Education
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15 | for Homeless Children Act) in connection with or as a result of | ||||||
16 | the homeless
child's continued education or enrollment in a | ||||||
17 | school that is chosen in
accordance with any of the options | ||||||
18 | provided in Section 1-10 of that Act.
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19 | (Source: P.A. 99-670, eff. 1-1-17 .)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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