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 Bill Status of SB2494  96th General Assembly


Short Description:  SCH CD-TUITION VOUCHERS

Senate Sponsors
Sen. James T. Meeks - Dan Cronin - Rickey R. Hendon, Chris Lauzen, Matt Murphy, Dan Duffy and Martin A. Sandoval

House Sponsors
(Rep. Karen A. Yarbrough - Edward J. Acevedo - Darlene J. Senger - Ed Sullivan, Jr., Susana A. Mendoza, Michael G. Connelly, Dave Winters, Patricia R. Bellock, Luis Arroyo and Maria Antonia Berrios)

Last Action
DateChamber Action
  1/12/2011SenateSession Sine Die

Statutes Amended In Order of Appearance
30 ILCS 105/5.755 new
105 ILCS 5/10-20.12c new
105 ILCS 5/34-21.8 new


Synopsis As Introduced
Amends the School Code. Creates the Illinois School Choice Program, which shall be administered by the State Board of Education. Provides that any State-certified, non-public school wishing to enroll eligible students and be reimbursed for vouchers available under specified provisions shall notify the State Board of Education in writing of its intent. Specifies the eligibility for reimbursement of vouchers. Specifies reporting requirements for non-public schools that are participating in the Program. Contains provisions concerning the calculation of vouchers and how they may be used by parents. Contains provisions concerning the verification of the household income of participating parents. Provides that the State Board of Education may adopt rules for administration of the Program. Amends the State Finance Act to create the School Choice Fund as a special fund in the State treasury and provides that permitted fees collected by the State Board of Education shall be deposited into the Fund and shall be used by the State Board of Education to cover the administrative costs of the Program. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
30 ILCS 105/5.755 new
105 ILCS 5/10-20.12c new
105 ILCS 5/34-21.8 new
Adds reference to:
New Act
35 ILCS 5/203from Ch. 120, par. 2-203

Deletes everything after the enacting clause. Creates the School Choice Act and amends the Illinois Income Tax Act. Provides findings and declarations of policy. Establishes the School Choice Program. Provides that under the program the custodian of a qualifying pupil is entitled to a School Choice Voucher to pay for qualified education expenses at participating Chicago elementary and secondary nonpublic schools. Requires the principal of each low-performing school in the Chicago school district to notify custodians of qualified pupils of the availability of vouchers. Requires custodians to apply to the State Board of Education for a voucher and provide documentation as to eligibility. Requires the State Board to issue a voucher to custodians who have made proper application and to honor the voucher when presented for payment by a nonpublic school and allocation of funding due to insufficient appropriations pursuant to certain procedures. Provides for the dollar amount of a voucher. Provides that the voucher may be renewed each year through the 12th grade so long as the pupil and custodian remain eligible. Requires pupils receiving vouchers to be assessed in the same manner as Illinois public school students. Provides that the amount received under the program shall not be considered base income for purposes of Illinois' income tax. Requires the State Board to submit a report to the General Assembly by December 31, 2014. Provides criminal penalties for certain violations. Requires the State Board to adopt rules to implement the Act.

Senate Committee Amendment No. 3
Makes changes to provide that the School Choice Program applies only to elementary school. Makes changes to the definition of "qualifying pupil". Provides that if a student attending a nonpublic school under the School Choice Program is expelled from the nonpublic school before the State Board of Education has honored the voucher of the school, then the State Board of Education shall pay the corresponding prorated portion of the voucher amount to the nonpublic school, and if the State Board of Education has paid the voucher amount to the nonpublic school and the pupil is expelled, then the nonpublic school shall refund the corresponding prorated portion of the voucher to the State Board of Education.

House Floor Amendment No. 1
Adds reference to:
105 ILCS 5/18-8.05

Replaces everything after the enacting clause with the engrossed bill and the following changes. Makes changes in certain definitions and adds a definition for "overcrowded school". In the provision concerning notification of vouchers, includes, in the requirement to notify custodians of qualifying pupils, the principal of each overcrowded school. Makes changes in the provisions concerning the entitlement to a voucher, the payment of a voucher, the amount of a voucher, the renewal of a voucher, and pupil assessment. Deletes the provision concerning funding. Provides instead that the total cost of the vouchers shall come from the portion of general State aid City of Chicago School District 299 receives under the State aid formula for that fiscal year. Provides that the State Board of Education may adopt rules to ensure that all pupils receiving services obtained through School Choice Vouchers shall continue to be included in the Longitudinal Data System. Provides that for the purposes of the Act, students receiving a voucher are considered nonpublic school students who have been voluntarily placed in a private setting by the parent or guardian. Amends the School Code to provide that beginning in fiscal year 2012, the State Board of Education shall annually calculate the amount of funding required for voucher reimbursement under the School Choice Program for school districts with an average daily attendance of 50,000 or more that qualify for supplemental general State aid and that such amount shall be withheld from the district and distributed by the State Board of Education to reimburse eligible claims submitted by nonpublic schools.

 Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation)
 No land conveyances are included in SB 2494, therefore, there are no appraisals to be filed.

 Home Rule Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 SB 2494 (H-AM 1) does not pre-empt home rule authority.

 Pension Note, House Floor Amendment No. 1 (Government Forecasting & Accountability)
 SB 2494, as amended, will have no fiscal impact on any pension funds or retirement systems in Illinois.

 State Debt Impact Note, House Floor Amendment No. 1 (Government Forecasting & Accountability)
 SB 2494, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts)
 SB 2494 would neither increase nor decrease the number of judges needed in the State.

 Fiscal Note (State Board of Education)
 The School Choice Act would require a specific appropriation from the General Assembly in order for vouchers to be given out under the program. The amount of any appropriation would be left up to the General Assembly. Chicago Public Schools (CPS) would eventually see a reduction in the number of students enrolled in the district, which would reduce the amount of the formula portion of State aid that CPS receives; however, the legislation states that the amount of the voucher can be the foundation level (in FY 10 this is $6119) or the "qualified education expenses". Since the foundation part of the General State Aid amount that districts receive is based on how much available local resources the district has per student, no public school district receives the full foundation level. In FY 10, CPS receives $1650 of that foundation amount per student. Therefore, while the amount of State aid CPS receives will eventually be reduced because the amount of students claimed for average daily attendance is reduced, it will not be a dollar to dollar comparison with the cost of the voucher. In addition, the amount that a district receives per student based on average daily attendance from the foundation part of the State aid formula changes each year based on average daily attendance from the foundation part of the State aid formula changes each year and could go up or down. Finally, the first year of the voucher program, or any year when new students are added to the program, there will not be a savings on the formula side of the State aid formula since GSA is paid based on the previous year's average daily attendance and those students would still be in the count for which the State is paying GSA. The bill also requires that students in the voucher program be assessed in the same manner as students are assessed in the public school district. While this requirement will not increase the number of students required to be assessed, there will be some cost to the State for changes to contracts with assessment vendors. It is indeterminable at this time what those costs may be. ISBE will also see an impact in administrative responsibilities developing the application for the voucher, soliciting participating non-public schools, approving and processing vouchers to parents, processing payments to the Comptroller's office for all non-public schools participating in the program, working with assessment vendors to provide for the assessment of non-public school students and the reporting of those scores; and, writing a report detailing the numbers of students receiving the voucher, the non-public schools to which the students transferred, the financial ramifications of the program and the assessment results.

 State Mandates Fiscal Note, House Floor Amendment No. 1 (State Board of Education)
 SB 2494 (H-AM 1) requires all schools in Chicago that have been determined to be in the lowest 10% of performance as defined under the bill, and those that have been determined to qualify as overcrowded, to notify the custodians of students in those schools about the voucher program established under the Act. Chicago Public Schools will have to determine which schools qualify as overcrowded. The State Board of Education (ISBE) is required to establish a procedure and process to issue vouchers and to honor vouchers to participating recognized nonpublic schools and to determine the maximum amount of the voucher based on a formula determined in the legislation. The State will have to determine a means to assess students enrolled in the nonpublic schools through the voucher program in the same manner as other public school students. Participating nonpublic schools will be required to participate in the Longitudinal Data System and to provide data to the State Board of Education on participating students as required by the agency. ISBE will be required to amend existing assessment vendor contracts to address the assessment requirements and to determine the manner of assessment and reporting requirements. In addition, ISBE will also be required to complete an analysis of the program and report to the General Assembly the financial and assessment data associated with the program.

 State Mandates Fiscal Note (State Board of Education)
 SB 2494, as engrossed, requires all schools in Chicago that have been determined to be in the lowest 10% of performance as defined under the bill, to notify the custodians of students in those schools about the voucher program. The State Board of Education (ISBE) is required to establish a procedure and process to issue vouchers and to honor those vouchers to participating recognized non-public schools. It also requires ISBE to determine an equitable way to allocate the appropriate funding for the voucher program if the appropriation is insufficient. Participating non-public schools will be required to assess students in the same manner as those assessed in public schools and to report those results to the State Board of Education. ISBE will be required to amend existing assessment vendor contracts to address the assessment requirements. In addition, ISBE will also be required to complete an analysis of the program and report to the General Assembly the financial and assessment data associate with this program.

 Fiscal Note, House Floor Amendment No. 1 (State Board of Education)
 The exact cost of the School Choice Act cannot be determined because it is dependent on the number of eligible students choosing to participate each year.

House Floor Amendment No. 3
Makes changes concerning the definitions of "qualifying pupil" and "School Choice Voucher", entitlement to a voucher, the receipt of a voucher, presentment of a voucher, the amount of a voucher, the longitudinal data system, funding, and School Choice Voucher Program adjustments.

 State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 SB 2494, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 SB 2494, as amended, will have no fiscal impact on any pension funds or retirement systems in Illinois.

 Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
 SB 2494 (H-AM 2) would neither increase nor decrease the number of judges needed in the State.

 Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts)
 SB 2494 (H-AM 3) would neither increase nor decrease the number of judges needed in the State.

 State Debt Impact Note, House Floor Amendment No. 3 ()
 SB 2494, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 SB 2494 (H-AM 2) does not pre-empt home rule authority.

 Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
 SB 2494 (H-AM 3) does not pre-empt home rule authority.

 Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
 This legislation has no fiscal or population impact on the Department.

 Correctional Note, House Floor Amendment No. 3 (Dept of Corrections)
 This legislation has no fiscal or population impact on the Department.

 Land Conveyance Appraisal Note, House Floor Amendment No. 3 (Dept. of Transportation)
 No land conveyances are included in SB 2494 (H-AM 3), therefore, there are no appraisals to be filed.

 Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability)
 SB 2494 (H-AM 3) will have no fiscal impact on any pension funds or retirement systems in Illinois.

 Housing Affordability Impact Note, House Floor Amendment No. 1 (Housing Development Authority)
 While the eventual impact of vouchers may trigger reduced enrollment in Chicago's public schools, which are partially funded through local property taxes and may result in a need to increase them to cover lost revenues, this amount cannot be quantified.

 Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority)
 Insufficient information to determine a fiscal effect.

 Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority)
 Insufficient information to determine a fiscal effect.

Actions 
DateChamber Action
  10/29/2009SenateFiled with Secretary by Sen. James T. Meeks
  10/29/2009SenateFirst Reading
  10/29/2009SenateReferred to Assignments
  11/30/2009SenateAdded as Co-Sponsor Sen. Chris Lauzen
  12/1/2009SenateAdded as Chief Co-Sponsor Sen. Dan Cronin
  2/10/2010SenateAssigned to Executive
  2/17/2010SenateTo Executive Subcommittee on Education
  2/18/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. James T. Meeks
  2/18/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/23/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  2/23/2010SenateSenate Committee Amendment No. 1 To Executive Subcommittee on Education
  3/3/2010SenateAdded as Chief Co-Sponsor Sen. David Koehler
  3/3/2010SenateAdded as Chief Co-Sponsor Sen. Rickey R. Hendon
  3/4/2010SenateAdded as Co-Sponsor Sen. Matt Murphy
  3/4/2010SenateAdded as Co-Sponsor Sen. Dan Duffy
  3/5/2010SenateRule 2-10 Committee Deadline Established As March 19, 2010
  3/9/2010SenateSponsor Removed Sen. David Koehler
  3/10/2010SenateSenate Committee Amendment No. 1 Postponed - Executive
  3/10/2010SenatePostponed - Executive
  3/15/2010SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. James T. Meeks
  3/15/2010SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/16/2010SenateSenate Committee Amendment No. 2 Assignments Refers to Executive
  3/16/2010SenateSenate Committee Amendment No. 2 To Executive Subcommittee on Education
  3/19/2010SenateRule 2-10 Committee/3rd Reading Deadline Established As April 15, 2010
  3/24/2010SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. James T. Meeks
  3/24/2010SenateSenate Committee Amendment No. 3 Referred to Assignments
  3/24/2010SenateSenate Committee Amendment No. 3 Assignments Refers to Executive
  3/24/2010SenateSenate Committee Amendment No. 3 To Executive Subcommittee on Education
  3/24/2010SenateSenate Committee Amendment No. 1 Reported Back To Executive
  3/24/2010SenateSenate Committee Amendment No. 2 Postponed - Executive; Subcommittee on Education
  3/24/2010SenateSenate Committee Amendment No. 3 Reported Back To Executive
  3/24/2010SenateReported Back To Executive
  3/24/2010SenateSenate Committee Amendment No. 1 Adopted
  3/24/2010SenateSenate Committee Amendment No. 2 Postponed - Executive
  3/24/2010SenateSenate Committee Amendment No. 3 Adopted
  3/24/2010SenateDo Pass as Amended Executive; 008-002-003
  3/24/2010SenatePlaced on Calendar Order of 2nd Reading March 25, 2010
  3/24/2010SenateSecond Reading
  3/24/2010SenatePlaced on Calendar Order of 3rd Reading March 25, 2010
  3/25/2010SenateThird Reading - Passed; 033-020-003
  3/25/2010SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  3/25/2010HouseArrived in House
  3/25/2010HouseChief House Sponsor Rep. William Davis
  3/25/2010HousePlaced on Calendar Order of First Reading
  3/25/2010HouseFirst Reading
  3/25/2010HouseReferred to Rules Committee
  4/12/2010HouseAssigned to Executive Committee
  4/21/2010HouseAlternate Chief Sponsor Changed to Rep. Kevin Joyce
  4/21/2010HouseAlternate Chief Sponsor Removed Rep. Kevin Joyce
  4/22/2010HouseDo Pass / Short Debate Executive Committee; 010-001-000
  4/22/2010HousePlaced on Calendar 2nd Reading - Short Debate
  4/22/2010HouseAdded Alternate Chief Co-Sponsor Rep. Edward J. Acevedo
  4/22/2010HouseAdded Alternate Chief Co-Sponsor Rep. Darlene J. Senger
  4/22/2010HouseAdded Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough
  4/22/2010HouseAdded Alternate Chief Co-Sponsor Rep. Dave Winters
  4/22/2010HouseAlternate Chief Co-Sponsor Removed Rep. Karen A. Yarbrough
  4/23/2010HouseFiscal Note Requested by Rep. Roger L. Eddy
  4/23/2010HouseState Mandates Fiscal Note Requested by Rep. Roger L. Eddy
  4/27/2010SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  4/28/2010HouseAdded Alternate Co-Sponsor Rep. Susana A. Mendoza
  4/29/2010HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kevin Joyce
  4/29/2010HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/29/2010HouseHouse Floor Amendment No. 1 Rules Refers to Executive Committee
  4/29/2010HouseAlternate Chief Co-Sponsor Removed Rep. Dave Winters
  4/29/2010HouseAdded Alternate Co-Sponsor Rep. Michael G. Connelly
  4/29/2010HouseAdded Alternate Co-Sponsor Rep. Dave Winters
  4/29/2010HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  4/29/2010HouseAdded Alternate Chief Co-Sponsor Rep. Ed Sullivan, Jr.
  4/29/2010HouseHouse Floor Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
  4/29/2010HouseHouse Floor Amendment No. 1 Recommends Be Adopted Executive Committee; 010-001-000
  4/30/2010HouseHouse Floor Amendment No. 1 Home Rule Note Filed as Amended
  4/30/2010HouseHouse Floor Amendment No. 1 Pension Note Filed as Amended
  4/30/2010HouseHouse Floor Amendment No. 1 State Debt Impact Note Filed as Amended
  4/30/2010HouseSecond Reading - Short Debate
  4/30/2010HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  4/30/2010HouseHeld on Calendar Order of Second Reading - Short Debate
  5/3/2010HouseHouse Floor Amendment No. 1 Judicial Note Filed as Amended
  5/3/2010HouseFiscal Note Filed
  5/3/2010HouseHouse Floor Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  5/3/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kevin Joyce
  5/3/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/3/2010HouseState Mandates Fiscal Note Filed
  5/3/2010HouseHouse Floor Amendment No. 1 Fiscal Note Filed as Amended
  5/3/2010HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Kevin Joyce
  5/3/2010HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/4/2010HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended
  5/4/2010HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended
  5/4/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  5/4/2010HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  5/4/2010HouseHouse Floor Amendment No. 2 Withdrawn by Rep. Kevin Joyce
  5/4/2010HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  5/4/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/4/2010HouseHouse Floor Amendment No. 2 Judicial Note Filed as Amended
  5/4/2010HouseHouse Floor Amendment No. 3 Judicial Note Filed as Amended
  5/4/2010HouseAdded Alternate Co-Sponsor Rep. Luis Arroyo
  5/4/2010HouseAdded Alternate Co-Sponsor Rep. Maria Antonia Berrios
  5/4/2010HouseHouse Floor Amendment No. 3 State Debt Impact Note Filed as Amended
  5/5/2010HouseHouse Floor Amendment No. 2 Home Rule Note Filed as Amended
  5/5/2010HouseHouse Floor Amendment No. 3 Home Rule Note Filed as Amended
  5/5/2010HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended
  5/5/2010HouseHouse Floor Amendment No. 3 Correctional Note Filed as Amended
  5/5/2010HouseHouse Floor Amendment No. 3 Land Conveyance Appraisal Note Filed as Amended
  5/5/2010HouseHouse Floor Amendment No. 3 Pension Note Filed as Amended
  5/5/2010HouseThird Reading - Consideration Postponed
  5/5/2010HousePlaced on Calendar - Consideration Postponed
  5/6/2010HouseHouse Floor Amendment No. 1 Housing Affordability Impact Note Filed as Amended
  5/7/2010HouseFinal Action Deadline Extended-9(b) May 28, 2010
  5/13/2010HouseHouse Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended
  5/13/2010HouseHouse Floor Amendment No. 3 Housing Affordability Impact Note Filed as Amended
  5/26/2010HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Kevin Joyce
  5/26/2010HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/28/2010HouseRule 19(a) / Re-referred to Rules Committee
  7/28/2010HouseChief House Sponsor Rep. Karen A. Yarbrough
  11/23/2010HouseFinal Action Deadline Extended-9(b) January 11, 2011
  11/23/2010HouseApproved for Consideration Rules Committee; 004-000-000
  11/23/2010HousePlaced on Calendar - Consideration Postponed
  1/12/2011SenateSession Sine Die

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