Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 102-1059


 

Public Act 1059 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1059
 
HB4126 EnrolledLRB102 19189 HLH 27954 b

    AN ACT concerning revenue.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Invest in Kids Act is amended by changing
Section 40 as follows:
 
    (35 ILCS 40/40)
    (Section scheduled to be repealed on January 1, 2025)
    Sec. 40. Scholarship granting organization
responsibilities.
    (a) Before granting a scholarship for an academic year,
all scholarship granting organizations shall assess and
document each student's eligibility for the academic year.
    (b) A scholarship granting organization shall grant
scholarships only to eligible students.
    (c) A scholarship granting organization shall allow an
eligible student to attend any qualified school of the
student's choosing, subject to the availability of funds.
    (d) In granting scholarships, beginning in the 2022-2023
school year and for each school year thereafter, a scholarship
granting organization shall give priority to eligible students
who received a scholarship from a scholarship granting
organization during the previous school year. Second priority
shall be given to the following priority groups:
        (1) (blank); eligible students who received a
    scholarship from a scholarship granting organization
    during the previous school year;
        (2) eligible students who are members of a household
    whose previous year's total annual income does not exceed
    185% of the federal poverty level;
        (3) eligible students who reside within a focus
    district; and
        (4) eligible students who are siblings of students
    currently receiving a scholarship.
    (d-5) A scholarship granting organization shall begin
granting scholarships no later than February 1 preceding the
school year for which the scholarship is sought. Each The
priority group groups identified in subsection (d) of this
Section shall be eligible to receive scholarships on a
first-come, first-served basis until the April 1 immediately
preceding the school year for which the scholarship is sought
starting with the first priority group identified in
subsection (d) of this Section. Applications for scholarships
for eligible students meeting the qualifications of one or
more priority groups that are received before April 1 must be
either approved or denied within 10 business days after
receipt. Beginning April 1, all eligible students shall be
eligible to receive scholarships without regard to the
priority groups identified in subsection (d) of this Section.
    (e) Except as provided in subsection (e-5) of this
Section, scholarships shall not exceed the lesser of (i) the
statewide average operational expense per student among public
schools or (ii) the necessary costs and fees for attendance at
the qualified school. A qualified school may set a lower
maximum scholarship amount for eligible students whose family
income falls within paragraphs (2) and (3) of this subsection
(e); that amount may not exceed the necessary costs and fees
for attendance at the qualified school and is subject to the
limitations on average scholarship amounts set forth in
paragraphs (2) and (3) of this subsection, as applicable. The
qualified school shall notify the scholarship granting
organization of its necessary costs and fees as well as any
maximum scholarship amount set by the school. Scholarships
shall be prorated as follows:
        (1) for eligible students whose household income is
    less than 185% of the federal poverty level, the
    scholarship shall be 100% of the amount determined
    pursuant to this subsection (e) and subsection (e-5) of
    this Section;
        (2) for eligible students whose household income is
    185% or more of the federal poverty level but less than
    250% of the federal poverty level, the average of
    scholarships shall be 75% of the amount determined
    pursuant to this subsection (e) and subsection (e-5) of
    this Section; and
        (3) for eligible students whose household income is
    250% or more of the federal poverty level, the average of
    scholarships shall be 50% of the amount determined
    pursuant to this subsection (e) and subsection (e-5) of
    this Section.
    (e-5) The statewide average operational expense per
student among public schools shall be multiplied by the
following factors:
        (1) for students determined eligible to receive
    services under the federal Individuals with Disabilities
    Education Act, 2;
        (2) for students who are English learners, as defined
    in subsection (d) of Section 14C-2 of the School Code,
    1.2; and
        (3) for students who are gifted and talented children,
    as defined in Section 14A-20 of the School Code, 1.1.
    (f) A scholarship granting organization shall distribute
scholarship payments to the participating school where the
student is enrolled.
    (g) For the 2018-2019 school year through the 2021-2022
school year, each scholarship granting organization shall
expend no less than 75% of the qualified contributions
received during the calendar year in which the qualified
contributions were received. No more than 25% of the qualified
contributions may be carried forward to the following calendar
year.
    (h) For the 2022-2023 school year, each scholarship
granting organization shall expend all qualified contributions
received during the calendar year in which the qualified
contributions were received. No qualified contributions may be
carried forward to the following calendar year.
    (i) A scholarship granting organization shall allow an
eligible student to transfer a scholarship during a school
year to any other participating school of the custodian's
choice. Such scholarships shall be prorated.
    (j) With the prior approval of the Department, a
scholarship granting organization may transfer funds to
another scholarship granting organization if additional funds
are required to meet scholarship demands at the receiving
scholarship granting organization. All transferred funds must
be deposited by the receiving scholarship granting
organization into its scholarship accounts. All transferred
amounts received by any scholarship granting organization must
be separately disclosed to the Department.
    (k) If the approval of a scholarship granting organization
is revoked as provided in Section 20 of this Act or the
scholarship granting organization is dissolved, all remaining
qualified contributions of the scholarship granting
organization shall be transferred to another scholarship
granting organization. All transferred funds must be deposited
by the receiving scholarship granting organization into its
scholarship accounts.
    (l) Scholarship granting organizations shall make
reasonable efforts to advertise the availability of
scholarships to eligible students.
(Source: P.A. 100-465, eff. 8-31-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/10/2022