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    (Section scheduled to be repealed on January 1, 2025)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