Bill Text: IL SB2824 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2024-07-01 - Public Act . . . . . . . . . 103-0629 [SB2824 Detail]
Download: Illinois-2023-SB2824-Engrossed.html
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: (Passed) 2024-07-01 - Public Act . . . . . . . . . 103-0629 [SB2824 Detail]
Download: Illinois-2023-SB2824-Engrossed.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, | ||||||
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) | ||||||
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 | ||||||
17 | resides for reasons other than to have access to the | ||||||
18 | educational programs of the district. | ||||||
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 | ||||||
22 | that 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 | ||||||
2 | programs of the district. | ||||||
3 | (iv) Custody exercised by an adult caretaker | ||||||
4 | relative who is receiving aid under the Illinois | ||||||
5 | Public Aid Code for the pupil who resides with that | ||||||
6 | adult caretaker relative for purposes other than to | ||||||
7 | have access to the educational programs of the | ||||||
8 | district. | ||||||
9 | (v) Custody exercised by an adult who demonstrates | ||||||
10 | that, in fact, he or she has assumed and exercises | ||||||
11 | legal responsibility for the pupil and provides the | ||||||
12 | pupil with a regular fixed night-time abode for | ||||||
13 | purposes other than to have access to the educational | ||||||
14 | programs of the district. | ||||||
15 | (a-5) If a pupil's change of residence is due to the | ||||||
16 | military service obligation of a person who has legal custody | ||||||
17 | of the pupil, then, upon the written request of the person | ||||||
18 | having legal custody of the pupil, the residence of the pupil | ||||||
19 | is deemed for all purposes relating to enrollment (including | ||||||
20 | tuition, fees, and costs), for the duration of the custodian's | ||||||
21 | military service obligation, to be the same as the residence | ||||||
22 | of the pupil immediately before the change of residence caused | ||||||
23 | by the military service obligation. A school district is not | ||||||
24 | responsible for providing transportation to or from school for | ||||||
25 | a pupil whose residence is determined under this subsection | ||||||
26 | (a-5). School districts shall facilitate re-enrollment when |
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1 | necessary to comply with this subsection (a-5). | ||||||
2 | (b) Except as otherwise provided under Section 10-22.5a, | ||||||
3 | only resident pupils of a school district may attend the | ||||||
4 | schools of the district without payment of the tuition | ||||||
5 | required to be charged under Section 10-20.12a. However, (i) a | ||||||
6 | child children for whom the Guardianship Administrator of the | ||||||
7 | Department of Children and Family Services has been appointed | ||||||
8 | temporary custodian or guardian of the person of the a child | ||||||
9 | and who shall not be charged tuition as a nonresident pupil if | ||||||
10 | the child was placed by the Department of Children and Family | ||||||
11 | Services with a foster parent or placed in another type of | ||||||
12 | child care facility or (ii) a child who has been removed from | ||||||
13 | the child's parent or guardian by the Department of Children | ||||||
14 | and Family Services as part of a safety plan shall not be | ||||||
15 | charged tuition as a nonresident pupil if and the foster | ||||||
16 | parent , or child care facility , relative caregiver, or | ||||||
17 | non-custodial parent is located in a school district other | ||||||
18 | than the child's former school district and it is determined | ||||||
19 | by the Department of Children and Family Services to be in the | ||||||
20 | child's best interest to maintain attendance at the child's | ||||||
21 | his or her former school district or at a school district the | ||||||
22 | child would have attended if the child was not removed from the | ||||||
23 | child's parent or guardian by the Department of Children and | ||||||
24 | Family Services . | ||||||
25 | (c) The provisions of this subsection do not apply in | ||||||
26 | school districts having a population of 500,000 or more. If a |
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1 | school board in a school district with a population of less | ||||||
2 | than 500,000 determines that a pupil who is attending school | ||||||
3 | in the district on a tuition free basis is a nonresident of the | ||||||
4 | district for whom tuition is required to be charged under | ||||||
5 | Section 10-20.12a, the board shall notify the person who | ||||||
6 | enrolled the pupil of the amount of the tuition charged under | ||||||
7 | Section 10-20.12a that is due to the district for a | ||||||
8 | nonresident pupil's attendance in the district's schools. The | ||||||
9 | notice shall detail the specific reasons why the board | ||||||
10 | believes that the pupil is a nonresident of the district and | ||||||
11 | shall be given by certified mail, return receipt requested. | ||||||
12 | Within 10 calendar days after receipt of the notice, the | ||||||
13 | person who enrolled the pupil may request a hearing to review | ||||||
14 | the determination of the school board. The request shall be | ||||||
15 | sent by certified mail, return receipt requested, to the | ||||||
16 | district superintendent. Within 10 calendar days after receipt | ||||||
17 | of the request, the board shall notify, by certified mail, | ||||||
18 | return receipt requested, the person requesting the hearing of | ||||||
19 | the time and place of the hearing, which shall be held not less | ||||||
20 | than 10 nor more than 20 calendar days after the notice of | ||||||
21 | hearing is given. At least 3 calendar days prior to the | ||||||
22 | hearing, each party shall disclose to the other party all | ||||||
23 | written evidence and testimony that it may submit during the | ||||||
24 | hearing and a list of witnesses that it may call to testify | ||||||
25 | during the hearing. The hearing notice shall notify the person | ||||||
26 | requesting the hearing that any written evidence and testimony |
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1 | or witnesses not disclosed to the other party at least 3 | ||||||
2 | calendar days prior to the hearing are barred at the hearing | ||||||
3 | without the consent of the other party. The board or a hearing | ||||||
4 | officer designated by the board shall conduct the hearing. The | ||||||
5 | board and the person who enrolled the pupil may be represented | ||||||
6 | at the hearing by representatives of their choice. At the | ||||||
7 | hearing, the person who enrolled the pupil shall have the | ||||||
8 | burden of going forward with the evidence concerning the | ||||||
9 | pupil's residency. If the hearing is conducted by a hearing | ||||||
10 | officer, the hearing officer, within 5 calendar days after the | ||||||
11 | conclusion of the hearing, shall send a written report of his | ||||||
12 | or her findings by certified mail, return receipt requested, | ||||||
13 | to the school board and to the person who enrolled the pupil. | ||||||
14 | The person who enrolled the pupil may, within 5 calendar days | ||||||
15 | after receiving the findings, file written objections to the | ||||||
16 | findings with the school board by sending the objections by | ||||||
17 | certified mail, return receipt requested, addressed to the | ||||||
18 | district superintendent. Whether the hearing is conducted by | ||||||
19 | the school board or a hearing officer, the school board shall, | ||||||
20 | within 30 calendar days after the conclusion of the hearing, | ||||||
21 | decide whether or not the pupil is a resident of the district | ||||||
22 | and the amount of any tuition required to be charged under | ||||||
23 | Section 10-20.12a as a result of the pupil's attendance in the | ||||||
24 | schools of the district. The school board shall send a copy of | ||||||
25 | its decision within 5 calendar days of its decision to the | ||||||
26 | person who enrolled the pupil by certified mail, return |
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1 | receipt requested. This decision must inform the person who | ||||||
2 | enrolled the pupil that he or she may, within 5 calendar days | ||||||
3 | after receipt of the decision of the board, petition the | ||||||
4 | regional superintendent of schools to review the decision. The | ||||||
5 | decision must also include notification that, at the request | ||||||
6 | of the person who enrolled the pupil, the pupil may continue | ||||||
7 | attending the schools of the district pending the regional | ||||||
8 | superintendent of schools' review of the board's decision but | ||||||
9 | that tuition shall continue to be assessed under Section | ||||||
10 | 10-20.12a of this Code during the review period and become due | ||||||
11 | upon a final determination of the regional superintendent of | ||||||
12 | schools that the student is a nonresident. | ||||||
13 | Within 5 calendar days after receipt of the decision of | ||||||
14 | the board pursuant to this subsection (c) of this Section, the | ||||||
15 | person who enrolled the pupil may petition the regional | ||||||
16 | superintendent of schools who exercises supervision and | ||||||
17 | control of the board to review the board's decision. The | ||||||
18 | petition must include the basis for the request and be sent by | ||||||
19 | certified mail, return receipt requested, to both the regional | ||||||
20 | superintendent of schools and the district superintendent. | ||||||
21 | Within 5 calendar days after receipt of the petition, the | ||||||
22 | board must deliver to the regional superintendent of schools | ||||||
23 | the written decision of the board, any written evidence and | ||||||
24 | testimony that was submitted by the parties during the | ||||||
25 | hearing, a list of all witnesses that testified during the | ||||||
26 | hearing, and any existing written minutes or transcript of the |
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1 | hearing or verbatim record of the hearing in the form of an | ||||||
2 | audio or video recording documenting the hearing. The board | ||||||
3 | may also provide the regional superintendent of schools and | ||||||
4 | the petitioner with a written response to the petition. The | ||||||
5 | regional superintendent of schools' review of the board's | ||||||
6 | decision is limited to the documentation submitted to the | ||||||
7 | regional superintendent of schools pursuant to this Section. | ||||||
8 | Within 10 calendar days after receipt of the documentation | ||||||
9 | provided by the school district pursuant to this Section, the | ||||||
10 | regional superintendent of schools shall issue a written | ||||||
11 | decision as to whether or not there is clear and convincing | ||||||
12 | evidence that the pupil is a resident of the district pursuant | ||||||
13 | to this Section and eligible to attend the district's schools | ||||||
14 | on a tuition-free basis. The decision shall be transmitted to | ||||||
15 | the board and the person who enrolled the pupil and shall, with | ||||||
16 | specificity, detail the rationale behind the decision. | ||||||
17 | (c-5) The provisions of this subsection apply only in | ||||||
18 | school districts having a population of 500,000 or more. If | ||||||
19 | the board of education of a school district with a population | ||||||
20 | of 500,000 or more determines that a pupil who is attending | ||||||
21 | school in the district on a tuition free basis is a nonresident | ||||||
22 | of the district for whom tuition is required to be charged | ||||||
23 | under Section 10-20.12a, the board shall notify the person who | ||||||
24 | enrolled the pupil of the amount of the tuition charged under | ||||||
25 | Section 10-20.12a that is due to the district for the | ||||||
26 | nonresident pupil's attendance in the district's schools. The |
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1 | notice shall be given by certified mail, return receipt | ||||||
2 | requested. Within 10 calendar days after receipt of the | ||||||
3 | notice, the person who enrolled the pupil may request a | ||||||
4 | hearing to review the determination of the school board. The | ||||||
5 | request shall be sent by certified mail, return receipt | ||||||
6 | requested, to the district superintendent. Within 30 calendar | ||||||
7 | days after receipt of the request, the board shall notify, by | ||||||
8 | certified mail, return receipt requested, the person | ||||||
9 | requesting the hearing of the time and place of the hearing, | ||||||
10 | which shall be held not less than 10 calendar nor more than 30 | ||||||
11 | calendar days after the notice of hearing is given. The board | ||||||
12 | or a hearing officer designated by the board shall conduct the | ||||||
13 | hearing. The board and the person who enrolled the pupil may | ||||||
14 | each be represented at the hearing by a representative of | ||||||
15 | their choice. At the hearing, the person who enrolled the | ||||||
16 | pupil shall have the burden of going forward with the evidence | ||||||
17 | concerning the pupil's residency. If the hearing is conducted | ||||||
18 | by a hearing officer, the hearing officer, within 20 calendar | ||||||
19 | days after the conclusion of the hearing, shall serve a | ||||||
20 | written report of his or her findings by personal service or by | ||||||
21 | certified mail, return receipt requested, to the school board | ||||||
22 | and to the person who enrolled the pupil. The person who | ||||||
23 | enrolled the pupil may, within 10 calendar days after | ||||||
24 | receiving the findings, file written objections to the | ||||||
25 | findings with the board of education by sending the objections | ||||||
26 | by certified mail, return receipt requested, addressed to the |
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1 | general superintendent of schools. If the hearing is conducted | ||||||
2 | by the board of education, the board shall, within 45 calendar | ||||||
3 | days after the conclusion of the hearing, decide whether or | ||||||
4 | not the pupil is a resident of the district and the amount of | ||||||
5 | any tuition required to be charged under Section 10-20.12a as | ||||||
6 | a result of the pupil's attendance in the schools of the | ||||||
7 | district. If the hearing is conducted by a hearing officer, | ||||||
8 | the board of education shall, within 45 days after the receipt | ||||||
9 | of the hearing officer's findings, decide whether or not the | ||||||
10 | pupil is a resident of the district and the amount of any | ||||||
11 | tuition required to be charged under Section 10-20.12a as a | ||||||
12 | result of the pupil's attendance in the schools of the | ||||||
13 | district. The board of education shall send, by certified | ||||||
14 | mail, return receipt requested, a copy of its decision to the | ||||||
15 | person who enrolled the pupil, and the decision of the board | ||||||
16 | shall be final. | ||||||
17 | (d) If a hearing is requested under subsection (c) of this | ||||||
18 | Section to review the determination of the school board or | ||||||
19 | board of education that a nonresident pupil is attending the | ||||||
20 | schools of the district without payment of the tuition | ||||||
21 | required to be charged under Section 10-20.12a, the pupil may, | ||||||
22 | at the request of the person who enrolled the pupil, continue | ||||||
23 | attendance at the schools of the district pending the decision | ||||||
24 | of the board or regional superintendent of schools, as | ||||||
25 | applicable, and the school district's payments under Section | ||||||
26 | 18-8.05 of this Code shall not be adjusted due to tuition |
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1 | collection under this Section. However, attendance of that | ||||||
2 | pupil in the schools of the district as authorized by this | ||||||
3 | subsection (d) shall not relieve any person who enrolled the | ||||||
4 | pupil of the obligation to pay the tuition charged for that | ||||||
5 | attendance under Section 10-20.12a if the final decision of | ||||||
6 | the board or regional superintendent of schools is that the | ||||||
7 | pupil is a nonresident of the district. If a pupil is | ||||||
8 | determined to be a nonresident of the district for whom | ||||||
9 | tuition is required to be charged pursuant to this Section, | ||||||
10 | the board shall refuse to permit the pupil to continue | ||||||
11 | attending the schools of the district unless the required | ||||||
12 | tuition is paid for the pupil. | ||||||
13 | (d-5) If a hearing is requested under subsection (c-5) of | ||||||
14 | this Section to review the determination of the board of | ||||||
15 | education that a nonresident pupil is attending the schools of | ||||||
16 | the district without payment of the tuition required to be | ||||||
17 | charged under Section 10-20.12a of this Code, the pupil may, | ||||||
18 | at the request of the person who enrolled the pupil, continue | ||||||
19 | attendance at the schools of the district pending a final | ||||||
20 | decision of the board following the hearing. However, | ||||||
21 | attendance of that pupil in the schools of the district as | ||||||
22 | authorized by this subsection (d-5) shall not relieve any | ||||||
23 | person who enrolled the pupil of the obligation to pay the | ||||||
24 | tuition charged for that attendance under Section 10-20.12a of | ||||||
25 | this Code if the final decision of the board is that the pupil | ||||||
26 | is a nonresident of the district. If a pupil is determined to |
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