Bill Text: IL SB2824 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the School Boards Article of the School Code. In provisions concerning residency and the payment of tuition, provides that a child who has been removed from the child's parent or guardian by the Department of Children and Family Services as part of a safety plan shall not be charged tuition as a nonresident pupil if the foster parent, childcare facility, relative caregiver, or non-custodial parent is located in a school district other than the child's former school district and it is in the child's best interest to maintain attendance at the child's former school district.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-05-02 - Placed on Calendar 2nd Reading - Short Debate [SB2824 Detail]

Download: Illinois-2023-SB2824-Engrossed.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
10-20.12b as follows:
(105 ILCS 5/10-20.12b)
Sec. 10-20.12b. Residency; payment of tuition; hearing;
criminal penalty.
(a) For purposes of this Section:
(1) The residence of a person who has legal custody of
a pupil is deemed to be the residence of the pupil.
(2) "Legal custody" means one of the following:
(i) Custody exercised by a natural or adoptive
parent with whom the pupil resides.
(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
educational programs of the district.
(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

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reasons other than to have access to the educational
programs of the district.
(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.
(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.
(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

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necessary to comply with this subsection (a-5).
(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, (i) a
child children for whom the Guardianship Administrator of the
Department of Children and Family Services has been appointed
temporary custodian or guardian of the person of the a child
and who 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 or (ii) a child who has been removed from
the child's parent or guardian by the Department of Children
and Family Services as part of a safety plan shall not be
charged tuition as a nonresident pupil if and the foster
parent, or child care facility, relative caregiver, or
non-custodial parent 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 the child's
his or her former school district or at a school district the
child would have attended if the child was not removed from the
child's parent or guardian by the Department of Children and
Family Services.
(c) The provisions of this subsection do not apply in
school districts having a population of 500,000 or more. If a

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school board in a school district with a population of less
than 500,000 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 a
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 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

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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
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 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 within 5 calendar days of its decision to the
person who enrolled the pupil by certified mail, return

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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.
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

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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 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 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 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

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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.
(d) If a hearing is requested under subsection (c) of this
Section 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 person who enrolled the pupil, continue
attendance at the schools of the district pending the 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

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collection under this Section. 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.
(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

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