Illinois General Assembly - Full Text of HB3858
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Full Text of HB3858  100th General Assembly

HB3858 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3858

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.12b

    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 wilfully 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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-20.12b as follows:
 
6    (105 ILCS 5/10-20.12b)
7    Sec. 10-20.12b. Residency; payment of tuition; hearing;
8criminal 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 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
2        programs of the district.
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.
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.
14    (a-5) If a pupil's change of residence is due to the
15military service obligation of a person who has legal custody
16of the pupil, then, upon the written request of the person
17having legal custody of the pupil, the residence of the pupil
18is deemed for all purposes relating to enrollment (including
19tuition, fees, and costs), for the duration of the custodian's
20military service obligation, to be the same as the residence of
21the pupil immediately before the change of residence caused by
22the military service obligation. A school district is not
23responsible for providing transportation to or from school for
24a pupil whose residence is determined under this subsection
25(a-5). School districts shall facilitate re-enrollment when
26necessary to comply with this subsection (a-5).

 

 

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1    (b) Except as otherwise provided under Section 10-22.5a,
2only resident pupils of a school district may attend the
3schools of the district without payment of the tuition required
4to be charged under Section 10-20.12a. However, children for
5whom the Guardianship Administrator of the Department of
6Children and Family Services has been appointed temporary
7custodian or guardian of the person of a child shall not be
8charged tuition as a nonresident pupil if the child was placed
9by the Department of Children and Family Services with a foster
10parent or placed in another type of child care facility and the
11foster parent or child care facility is located in a school
12district other than the child's former school district and it
13is determined by the Department of Children and Family Services
14to be in the child's best interest to maintain attendance at
15his or her former school district.
16    (c) The provisions of this subsection do not apply in
17school districts having a population of 500,000 or more. If a
18school board in a school district with a population of less
19than 500,000 determines that a pupil who is attending school in
20the district on a tuition free basis is a nonresident of the
21district for whom tuition is required to be charged under
22Section 10-20.12a, the board shall notify the person who
23enrolled the pupil of the amount of the tuition charged under
24Section 10-20.12a that is due to the district for a nonresident
25pupil's attendance in the district's schools. The notice shall
26detail the specific reasons why the board believes that the

 

 

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1pupil is a nonresident of the district and shall be given by
2certified mail, return receipt requested. Within 10 calendar
3days after receipt of the notice, the person who enrolled the
4pupil may request a hearing to review the determination of the
5school board. The request shall be sent by certified mail,
6return receipt requested, to the district superintendent.
7Within 10 calendar days after receipt of the request, the board
8shall notify, by certified mail, return receipt requested, the
9person requesting the hearing of the time and place of the
10hearing, which shall be held not less than 10 nor more than 20
11calendar days after the notice of hearing is given. At least 3
12calendar days prior to the hearing, each party shall disclose
13to the other party all written evidence and testimony that it
14may submit during the hearing and a list of witnesses that it
15may call to testify during the hearing. The hearing notice
16shall notify the person requesting the hearing that any written
17evidence and testimony or witnesses not disclosed to the other
18party at least 3 calendar days prior to the hearing are barred
19at the hearing without the consent of the other party. The
20board or a hearing officer designated by the board shall
21conduct the hearing. The board and the person who enrolled the
22pupil may be represented at the hearing by representatives of
23their choice. At the hearing, the person who enrolled the pupil
24shall have the burden of going forward with the evidence
25concerning the pupil's residency. If the hearing is conducted
26by a hearing officer, the hearing officer, within 5 calendar

 

 

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1days after the conclusion of the hearing, shall send a written
2report of his or her findings by certified mail, return receipt
3requested, to the school board and to the person who enrolled
4the pupil. The person who enrolled the pupil may, within 5
5calendar days after receiving the findings, file written
6objections to the findings with the school board by sending the
7objections by certified mail, return receipt requested,
8addressed to the district superintendent. Whether the hearing
9is conducted by the school board or a hearing officer, the
10school board shall, within 30 calendar days after the
11conclusion of the hearing, decide whether or not the pupil is a
12resident of the district and the amount of any tuition required
13to be charged under Section 10-20.12a as a result of the
14pupil's attendance in the schools of the district. The school
15board shall send a copy of its decision within 5 calendar days
16of its decision to the person who enrolled the pupil by
17certified mail, return receipt requested. This decision must
18inform the person who enrolled the pupil that he or she may,
19within 5 calendar days after receipt of the decision of the
20board, petition the regional superintendent of schools to
21review the decision. The decision must also include
22notification that, at the request of the person who enrolled
23the pupil, the pupil may continue attending the schools of the
24district pending the regional superintendent of schools'
25review of the board's decision but that tuition shall continue
26to be assessed under Section 10-20.12a of this Code during the

 

 

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1review period and become due upon a final determination of the
2regional superintendent of schools that the student is a
3nonresident.
4    Within 5 calendar days after receipt of the decision of the
5board pursuant to this subsection (c) of this Section, the
6person who enrolled the pupil may petition the regional
7superintendent of schools who exercises supervision and
8control of the board to review the board's decision. The
9petition must include the basis for the request and be sent by
10certified mail, return receipt requested, to both the regional
11superintendent of schools and the district superintendent.
12    Within 5 calendar days after receipt of the petition, the
13board must deliver to the regional superintendent of schools
14the written decision of the board, any written evidence and
15testimony that was submitted by the parties during the hearing,
16a list of all witnesses that testified during the hearing, and
17any existing written minutes or transcript of the hearing or
18verbatim record of the hearing in the form of an audio or video
19recording documenting the hearing. The board may also provide
20the regional superintendent of schools and the petitioner with
21a written response to the petition. The regional superintendent
22of schools' review of the board's decision is limited to the
23documentation submitted to the regional superintendent of
24schools pursuant to this Section.
25    Within 10 calendar days after receipt of the documentation
26provided by the school district pursuant to this Section, the

 

 

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1regional superintendent of schools shall issue a written
2decision as to whether or not there is clear and convincing
3evidence that the pupil is a resident of the district pursuant
4to this Section and eligible to attend the district's schools
5on a tuition-free basis. The decision shall be transmitted to
6the board and the person who enrolled the pupil and shall, with
7specificity, detail the rationale behind the decision.
8    (c-5) The provisions of this subsection apply only in
9school districts having a population of 500,000 or more. If the
10board of education of a school district with a population of
11500,000 or more determines that a pupil who is attending school
12in the district on a tuition free basis is a nonresident of the
13district for whom tuition is required to be charged under
14Section 10-20.12a, the board shall notify the person who
15enrolled the pupil of the amount of the tuition charged under
16Section 10-20.12a that is due to the district for the
17nonresident pupil's attendance in the district's schools. The
18notice shall be given by certified mail, return receipt
19requested. Within 10 calendar days after receipt of the notice,
20the person who enrolled the pupil may request a hearing to
21review the determination of the school board. The request shall
22be sent by certified mail, return receipt requested, to the
23district superintendent. Within 30 calendar days after receipt
24of the request, the board shall notify, by certified mail,
25return receipt requested, the person requesting the hearing of
26the time and place of the hearing, which shall be held not less

 

 

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1than 10 calendar nor more than 30 calendar days after the
2notice of hearing is given. The board or a hearing officer
3designated by the board shall conduct the hearing. The board
4and the person who enrolled the pupil may each be represented
5at the hearing by a representative of their choice. At the
6hearing, the person who enrolled the pupil shall have the
7burden of going forward with the evidence concerning the
8pupil's residency. If the hearing is conducted by a hearing
9officer, the hearing officer, within 20 calendar days after the
10conclusion of the hearing, shall serve a written report of his
11or her findings by personal service or by certified mail,
12return receipt requested, to the school board and to the person
13who enrolled the pupil. The person who enrolled the pupil may,
14within 10 calendar days after receiving the findings, file
15written objections to the findings with the board of education
16by sending the objections by certified mail, return receipt
17requested, addressed to the general superintendent of schools.
18If the hearing is conducted by the board of education, the
19board shall, within 45 calendar days after the conclusion of
20the hearing, decide whether or not the pupil is a resident of
21the district and the amount of any tuition required to be
22charged under Section 10-20.12a as a result of the pupil's
23attendance in the schools of the district. If the hearing is
24conducted by a hearing officer, the board of education shall,
25within 45 days after the receipt of the hearing officer's
26findings, decide whether or not the pupil is a resident of the

 

 

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1district and the amount of any tuition required to be charged
2under Section 10-20.12a as a result of the pupil's attendance
3in the schools of the district. The board of education shall
4send, by certified mail, return receipt requested, a copy of
5its decision to the person who enrolled the pupil, and the
6decision of the board shall be final.
7    (d) If a hearing is requested under subsection (c) of this
8Section to review the determination of the school board or
9board of education that a nonresident pupil is attending the
10schools of the district without payment of the tuition required
11to be charged under Section 10-20.12a, the pupil may, at the
12request of the person who enrolled the pupil, continue
13attendance at the schools of the district pending the decision
14of the board or regional superintendent of schools, as
15applicable, and the school district's payments under Section
1618-8.05 of this Code shall not be adjusted due to tuition
17collection under this Section. However, attendance of that
18pupil in the schools of the district as authorized by this
19subsection (d) shall not relieve any person who enrolled the
20pupil of the obligation to pay the tuition charged for that
21attendance under Section 10-20.12a if the final decision of the
22board or regional superintendent of schools is that the pupil
23is a nonresident of the district. If a pupil is determined to
24be a nonresident of the district for whom tuition is required
25to be charged pursuant to this Section, the board shall refuse
26to permit the pupil to continue attending the schools of the

 

 

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1district unless the required tuition is paid for the pupil.
2    (d-5) If a hearing is requested under subsection (c-5) of
3this Section to review the determination of the board of
4education that a nonresident pupil is attending the schools of
5the district without payment of the tuition required to be
6charged under Section 10-20.12a of this Code, the pupil may, at
7the request of the person who enrolled the pupil, continue
8attendance at the schools of the district pending a final
9decision of the board following the hearing. However,
10attendance of that pupil in the schools of the district as
11authorized by this subsection (d-5) shall not relieve any
12person who enrolled the pupil of the obligation to pay the
13tuition charged for that attendance under Section 10-20.12a of
14this Code if the final decision of the board is that the pupil
15is a nonresident of the district. If a pupil is determined to
16be a nonresident of the district for whom tuition is required
17to be charged pursuant to this Section, the board shall refuse
18to permit the pupil to continue attending the schools of the
19district unless the required tuition is paid for the pupil.
20    (e) Except for a pupil referred to in subsection (b) of
21Section 10-22.5a, a pupil referred to in Section 10-20.12a, or
22a pupil referred to in subsection (b) of this Section, a person
23who knowingly enrolls or attempts to enroll in the schools of a
24school district on a tuition free basis a pupil known by that
25person to be a nonresident of the district shall be guilty of a
26Class C misdemeanor.

 

 

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1    (f) A person who knowingly or wilfully presents to any
2school district any false information regarding the residency
3of a pupil for the purpose of enabling that pupil to attend any
4school in that district without the payment of a nonresident
5tuition charge shall be guilty of a Class C misdemeanor.
6    (f-5) In a school district having a population of 500,000
7or more, a person who violates subsection (e) or (f) of this
8Section shall also be charged a civil penalty of at least
9$30,000.
10    (g) The provisions of this Section are subject to the
11provisions of the Education for Homeless Children Act. Nothing
12in this Section shall be construed to apply to or require the
13payment of tuition by a parent or guardian of a "homeless
14child" (as that term is defined in Section 1-5 of the Education
15for Homeless Children Act) in connection with or as a result of
16the homeless child's continued education or enrollment in a
17school that is chosen in accordance with any of the options
18provided in Section 1-10 of that Act.
19(Source: P.A. 99-670, eff. 1-1-17.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.