HB4098 104TH GENERAL ASSEMBLY

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4098

Introduced 10/15/2025, by Rep. Tony M. McCombie and Travis Weaver

SYNOPSIS AS INTRODUCED:

New Act

Creates the Educational Choice for Illinois Children Act. Contains legislative findings. Provides that the State Board of Education, in coordination with the Department of Revenue, shall establish and approve a list of scholarship granting organizations that meet the requirements of Section 70411 of the One Big Beautiful Bill Act to facilitate opting the State of Illinois into the school choice tax credit provisions of the One Big Beautiful Bill Act. Effective immediately.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Educational Choice for Illinois Children Act.

Section 5. Findings. The General Assembly finds that:

(1) Section 1 of Article X of the Illinois Constitution provides that "[a] fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities.". However, the State has failed to meet this goal. According to the 2024 National Assessment of Educational Progress (NAEP), 62% of 4th graders in the State were below proficient in mathematics, and 68% of 8th graders in the State were below proficient in mathematics. In reading, 70% of 4th graders were below proficient, and 67% of 8th graders were below proficient.

(2) H.R.1 of the 119th Congress (The One Big Beautiful Bill Act) was recently signed into law. It offers a federal tax credit of up to $1,700 for individuals who donate to Scholarship Granting Organizations, thereby increasing funding for these organizations to help families pay for their children to attend the K-12 school of their choice. The list of eligible educational expenses includes tuition, fees, tutoring, educational therapies, transportation, technology, and other expenses for children attending public schools, private schools, and home schools.

(3) Illinois experienced great success with its own tax credit program, the Invest in Kids Act, which was allowed to expire at the end of 2023. According to the Department of Revenue, over 40,940 scholarships were awarded during the time that the Invest in Kids Act was active. Failure to opt into the provisions of the One Big Beautiful Bill Act would place Illinois at a competitive disadvantage with surrounding states that are likely to opt into the school choice provisions of the One Big Beautiful Bill Act.

(4) The ability to choose where your child goes to school should not be a privilege reserved for the wealthy. Too many students are trapped in an educational learning environment that fails to meet their needs, and the financial burden of attending a different school is too often out of reach. Scholarships from scholarship granting organizations under the One Big Beautiful Bill Act can help alleviate this financial burden for families that could not otherwise afford private school and would result in no additional cost to the State.

(5) It is the purpose of this Act to support school choice in the State of Illinois by directing the Department of Revenue and the State Board of Education to develop a list of scholarship granting organizations to which qualified contributions may be made under Section 70411 of the One Big Beautiful Bill Act.

Section 10. List of scholarship granting organizations. By January 1, 2026, the State Board of Education, in coordination with the Department of Revenue, shall establish and approve a list of scholarship granting organizations that meet the requirements of Section 70411 of the One Big Beautiful Bill Act to facilitate opting the State of Illinois into the school choice tax credit provisions of the One Big Beautiful Bill Act.

Section 99. Effective date. This Act takes effect upon becoming law.