Sen. Bill Cunningham

Filed: 3/25/2022





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2    AMENDMENT NO. ______. Amend House Bill 4126 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Invest in Kids Act is amended by changing
5Section 40 as follows:
6    (35 ILCS 40/40)
7    (Section scheduled to be repealed on January 1, 2025)
8    Sec. 40. Scholarship granting organization
10    (a) Before granting a scholarship for an academic year,
11all scholarship granting organizations shall assess and
12document each student's eligibility for the academic year.
13    (b) A scholarship granting organization shall grant
14scholarships only to eligible students.
15    (c) A scholarship granting organization shall allow an
16eligible student to attend any qualified school of the



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1student's choosing, subject to the availability of funds.
2    (d) In granting scholarships, beginning in the 2022-2023
3school year and for each school year thereafter, a scholarship
4granting organization shall give priority to eligible students
5who received a scholarship from a scholarship granting
6organization during the previous school year. Second priority
7shall be given to the following priority groups:
8        (1) (blank); eligible students who received a
9    scholarship from a scholarship granting organization
10    during the previous school year;
11        (2) eligible students who are members of a household
12    whose previous year's total annual income does not exceed
13    185% of the federal poverty level;
14        (3) eligible students who reside within a focus
15    district; and
16        (4) eligible students who are siblings of students
17    currently receiving a scholarship.
18    (d-5) A scholarship granting organization shall begin
19granting scholarships no later than February 1 preceding the
20school year for which the scholarship is sought. Each The
21priority group groups identified in subsection (d) of this
22Section shall be eligible to receive scholarships on a
23first-come, first-served basis until the April 1 immediately
24preceding the school year for which the scholarship is sought
25starting with the first priority group identified in
26subsection (d) of this Section. Applications for scholarships



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1for eligible students meeting the qualifications of one or
2more priority groups that are received before April 1 must be
3either approved or denied within 10 business days after
4receipt. Beginning April 1, all eligible students shall be
5eligible to receive scholarships without regard to the
6priority groups identified in subsection (d) of this Section.
7    (e) Except as provided in subsection (e-5) of this
8Section, scholarships shall not exceed the lesser of (i) the
9statewide average operational expense per student among public
10schools or (ii) the necessary costs and fees for attendance at
11the qualified school. A qualified school may set a lower
12maximum scholarship amount for eligible students whose family
13income falls within paragraphs (2) and (3) of this subsection
14(e); that amount may not exceed the necessary costs and fees
15for attendance at the qualified school and is subject to the
16limitations on average scholarship amounts set forth in
17paragraphs (2) and (3) of this subsection, as applicable. The
18qualified school shall notify the scholarship granting
19organization of its necessary costs and fees as well as any
20maximum scholarship amount set by the school. Scholarships
21shall be prorated as follows:
22        (1) for eligible students whose household income is
23    less than 185% of the federal poverty level, the
24    scholarship shall be 100% of the amount determined
25    pursuant to this subsection (e) and subsection (e-5) of
26    this Section;



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1        (2) for eligible students whose household income is
2    185% or more of the federal poverty level but less than
3    250% of the federal poverty level, the average of
4    scholarships shall be 75% of the amount determined
5    pursuant to this subsection (e) and subsection (e-5) of
6    this Section; and
7        (3) for eligible students whose household income is
8    250% or more of the federal poverty level, the average of
9    scholarships shall be 50% of the amount determined
10    pursuant to this subsection (e) and subsection (e-5) of
11    this Section.
12    (e-5) The statewide average operational expense per
13student among public schools shall be multiplied by the
14following factors:
15        (1) for students determined eligible to receive
16    services under the federal Individuals with Disabilities
17    Education Act, 2;
18        (2) for students who are English learners, as defined
19    in subsection (d) of Section 14C-2 of the School Code,
20    1.2; and
21        (3) for students who are gifted and talented children,
22    as defined in Section 14A-20 of the School Code, 1.1.
23    (f) A scholarship granting organization shall distribute
24scholarship payments to the participating school where the
25student is enrolled.
26    (g) For the 2018-2019 school year through the 2021-2022



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1school year, each scholarship granting organization shall
2expend no less than 75% of the qualified contributions
3received during the calendar year in which the qualified
4contributions were received. No more than 25% of the qualified
5contributions may be carried forward to the following calendar
7    (h) For the 2022-2023 school year, each scholarship
8granting organization shall expend all qualified contributions
9received during the calendar year in which the qualified
10contributions were received. No qualified contributions may be
11carried forward to the following calendar year.
12    (i) A scholarship granting organization shall allow an
13eligible student to transfer a scholarship during a school
14year to any other participating school of the custodian's
15choice. Such scholarships shall be prorated.
16    (j) With the prior approval of the Department, a
17scholarship granting organization may transfer funds to
18another scholarship granting organization if additional funds
19are required to meet scholarship demands at the receiving
20scholarship granting organization. All transferred funds must
21be deposited by the receiving scholarship granting
22organization into its scholarship accounts. All transferred
23amounts received by any scholarship granting organization must
24be separately disclosed to the Department.
25    (k) If the approval of a scholarship granting organization
26is revoked as provided in Section 20 of this Act or the



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1scholarship granting organization is dissolved, all remaining
2qualified contributions of the scholarship granting
3organization shall be transferred to another scholarship
4granting organization. All transferred funds must be deposited
5by the receiving scholarship granting organization into its
6scholarship accounts.
7    (l) Scholarship granting organizations shall make
8reasonable efforts to advertise the availability of
9scholarships to eligible students.
10(Source: P.A. 100-465, eff. 8-31-17.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".