Illinois 2023-2024 Regular Session

Illinois House Bill HB2608 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2608 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act Creates the Equal Opportunity Act. Requires the State Board of Education to create the Education Savings Account Program. Provides that a parent of an eligible student (defined as any elementary or secondary student who was eligible to attend a public school in this State in the preceding semester or is starting school in this State for the first time) shall qualify for the State Board to make a grant to his or her child's Education Savings Account by signing an agreement. Requires the State Board to deposit into an Education Savings Account some or all of the State aid under the State aid formula provisions of the School Code that would otherwise have been provided to the resident school district for the eligible student had the student enrolled in the resident school district. Provides that parents participating in the Program shall agree to use the funds deposited in their eligible students' accounts for certain qualifying expenses to educate the eligible student. Sets forth provisions concerning the calculation of grant amounts and other basic elements of the Program, administration of the Program, accountability standards for participating schools, and the responsibilities of the State Board and resident school districts. LRB103 29576 RJT 55971 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2608 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act New Act Creates the Equal Opportunity Act. Requires the State Board of Education to create the Education Savings Account Program. Provides that a parent of an eligible student (defined as any elementary or secondary student who was eligible to attend a public school in this State in the preceding semester or is starting school in this State for the first time) shall qualify for the State Board to make a grant to his or her child's Education Savings Account by signing an agreement. Requires the State Board to deposit into an Education Savings Account some or all of the State aid under the State aid formula provisions of the School Code that would otherwise have been provided to the resident school district for the eligible student had the student enrolled in the resident school district. Provides that parents participating in the Program shall agree to use the funds deposited in their eligible students' accounts for certain qualifying expenses to educate the eligible student. Sets forth provisions concerning the calculation of grant amounts and other basic elements of the Program, administration of the Program, accountability standards for participating schools, and the responsibilities of the State Board and resident school districts. LRB103 29576 RJT 55971 b LRB103 29576 RJT 55971 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2608 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Equal Opportunity Act. Requires the State Board of Education to create the Education Savings Account Program. Provides that a parent of an eligible student (defined as any elementary or secondary student who was eligible to attend a public school in this State in the preceding semester or is starting school in this State for the first time) shall qualify for the State Board to make a grant to his or her child's Education Savings Account by signing an agreement. Requires the State Board to deposit into an Education Savings Account some or all of the State aid under the State aid formula provisions of the School Code that would otherwise have been provided to the resident school district for the eligible student had the student enrolled in the resident school district. Provides that parents participating in the Program shall agree to use the funds deposited in their eligible students' accounts for certain qualifying expenses to educate the eligible student. Sets forth provisions concerning the calculation of grant amounts and other basic elements of the Program, administration of the Program, accountability standards for participating schools, and the responsibilities of the State Board and resident school districts.
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8	8	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
9	9	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
10	10	A BILL FOR
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13	13	1 AN ACT concerning education.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 1. Short title. This Act may be cited as the Equal
17	17	5 Opportunity Act.
18	18	6 Section 5. Definitions.
19	19	7 "Eligible postsecondary institution" means a public
20	20	8 community college, a public university, or an accredited
21	21	9 private postsecondary institution.
22	22	10 "Eligible student" means any elementary or secondary
23	23	11 student who was eligible to attend a public school in this
24	24	12 State in the preceding semester or is starting school in this
25	25	13 State for the first time.
26	26	14 "Parent" means a resident of this State who is a parent,
27	27	15 guardian, custodian, or other person with the authority to act
28	28	16 on behalf of the child.
29	29	17 "Participating school" means any private school that
30	30	18 provides education to elementary or secondary students and has
31	31	19 notified the State Board of its intention to participate in
32	32	20 the Program and comply with the Program's requirements.
33	33	21 "Private tutoring" means tutoring services provided by
34	34	22 tutors accredited by a regional or national accrediting
35	35	23 organization.
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2608 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
40	40	New Act New Act
41	41	New Act
42	42	Creates the Equal Opportunity Act. Requires the State Board of Education to create the Education Savings Account Program. Provides that a parent of an eligible student (defined as any elementary or secondary student who was eligible to attend a public school in this State in the preceding semester or is starting school in this State for the first time) shall qualify for the State Board to make a grant to his or her child's Education Savings Account by signing an agreement. Requires the State Board to deposit into an Education Savings Account some or all of the State aid under the State aid formula provisions of the School Code that would otherwise have been provided to the resident school district for the eligible student had the student enrolled in the resident school district. Provides that parents participating in the Program shall agree to use the funds deposited in their eligible students' accounts for certain qualifying expenses to educate the eligible student. Sets forth provisions concerning the calculation of grant amounts and other basic elements of the Program, administration of the Program, accountability standards for participating schools, and the responsibilities of the State Board and resident school districts.
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45	45	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
46	46	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
47	47	A BILL FOR
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76	76	1 "Program" means the Education Savings Account Program
77	77	2 created in this Act.
78	78	3 "Resident school district" means the public school
79	79	4 district in which the student resides.
80	80	5 "State Board" means the State Board of Education.
81	81	6 Section 10. Basic elements of the Program.
82	82	7 (a) The State Board shall create the Education Savings
83	83	8 Account Program. The Program shall begin with the fall
84	84	9 semester of the 2024-2025 school year.
85	85	10 (b) A parent of an eligible student shall qualify for the
86	86	11 State Board to make a grant to his or her child's Education
87	87	12 Savings Account if the parent signs an agreement promising:
88	88	13 (1) to provide an education for the eligible student
89	89	14 in at least the subjects of reading, grammar, mathematics,
90	90	15 social studies, and science; and
91	91	16 (2) not to enroll their eligible student in a district
92	92	17 or charter school.
93	93	18 (c) The State Board shall deposit into an Education
94	94	19 Savings Account some or all of the State aid under Section
95	95	20 18-8.15 of the School Code that would otherwise have been
96	96	21 provided to the resident school district for the eligible
97	97	22 student had the student enrolled in the resident school
98	98	23 district, as calculated under subsection (e) of this Section.
99	99	24 (d) Parents participating in the Program shall agree to
100	100	25 use the funds deposited in their eligible students' Education
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111	111	1 Savings Accounts for the following qualifying expenses to
112	112	2 educate the eligible student:
113	113	3 (1) Tuition and fees at a participating school.
114	114	4 (2) Textbooks required by a participating school.
115	115	5 (3) Payment to a licensed or accredited tutor.
116	116	6 (4) Payment for the purchase of curriculum.
117	117	7 (5) Tuition or fees for a non-public, online learning
118	118	8 program.
119	119	9 (6) Fees for national, norm-referenced examinations,
120	120	10 Advanced Placement examinations or similar courses, and
121	121	11 any examinations related to college or university
122	122	12 admission.
123	123	13 (7) Contribution to the eligible student's qualified
124	124	14 tuition program established pursuant to 26 U.S.C. 529.
125	125	15 (8) Educational services for pupils with disabilities
126	126	16 from a licensed or accredited practitioner or provider.
127	127	17 (9) Tuition and fees at an eligible postsecondary
128	128	18 institution.
129	129	19 (10) Textbooks required for college or university
130	130	20 courses.
131	131	21 (11) Fees for account management by private financial
132	132	22 management firms approved by the State Board.
133	133	23 (e) Grant amounts to Education Savings Accounts shall be
134	134	24 calculated according to the following schedule:
135	135	25 (1) For students from households qualifying for the
136	136	26 federal free or reduced-price lunch program, the amount
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147	147	1 granted to the student's Education Savings Account shall
148	148	2 be equal to the dollar amount the resident school district
149	149	3 would have received to serve and educate the eligible
150	150	4 student from State aid under Section 18-8.15 of the School
151	151	5 Code had the student enrolled there.
152	152	6 (2) For students from households with an annual income
153	153	7 greater than the amount required to qualify for the
154	154	8 federal free or reduced-price lunch program but less than
155	155	9 1.5 times that amount, the amount granted to the student's
156	156	10 Education Savings Account shall be equal to 75% of the
157	157	11 dollar amount the resident school district would have
158	158	12 received to serve and educate the eligible student from
159	159	13 State aid under Section 18-8.15 of the School Code had the
160	160	14 student enrolled there.
161	161	15 (3) For students from households with an annual income
162	162	16 of at least 1.5 times the amount required to qualify for
163	163	17 the federal free or reduced-price lunch program but less
164	164	18 than 2 times that amount, the amount granted to the
165	165	19 student's Education Savings Account shall be equal to 50%
166	166	20 of the dollar amount the resident school district would
167	167	21 have received to serve and educate the eligible student
168	168	22 from State aid under Section 18-8.15 of the School Code
169	169	23 had the student enrolled there.
170	170	24 (4) For students from households with an annual income
171	171	25 of at least 2 times the amount required to qualify for the
172	172	26 federal free or reduced-price lunch program, the amount
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183	183	1 granted to the student's Education Savings Account shall
184	184	2 be equal to 25% of the dollar amount the resident school
185	185	3 district would have received to serve and educate the
186	186	4 eligible student from State aid under Section 18-8.15 of
187	187	5 the School Code had the student enrolled there.
188	188	6 (f) A participating school, private tutor, eligible
189	189	7 postsecondary institution, or other educational provider may
190	190	8 not refund, rebate, or share a student's grant with the
191	191	9 student's parent or the student in any manner. The funds in an
192	192	10 Education Saving Account may be used only for educational
193	193	11 purposes.
194	194	12 (g) Parents shall be allowed to make payments for the
195	195	13 costs of educational programs and services not covered by the
196	196	14 funds in their accounts.
197	197	15 (h) A participating student shall be counted in the
198	198	16 enrollment figures for his or her resident school district for
199	199	17 the purposes of calculating State aid to the resident school
200	200	18 district under Section 18-8.15 of the School Code. The funds
201	201	19 needed for a grant to an Education Savings Account shall be
202	202	20 subtracted from the State aid payable to the student's
203	203	21 resident school district under Section 18-8.15 of the School
204	204	22 Code.
205	205	23 Section 15. Administration of the Program.
206	206	24 (a) The State Board shall approve private financial
207	207	25 management firms to manage Education Savings Accounts.
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218	218	1 (b) The State Board shall have the authority to conduct or
219	219	2 contract for the auditing of accounts and shall, at a minimum,
220	220	3 conduct random audits of accounts on an annual basis. The
221	221	4 State Board shall have the authority to make any parent of an
222	222	5 eligible student ineligible for the Program in the event of
223	223	6 substantial misuse of the funds in the account.
224	224	7 (c) The State Board shall have the authority to refer
225	225	8 cases of substantial misuse of funds to law enforcement
226	226	9 agencies for investigation if evidence of fraudulent use of an
227	227	10 account is obtained.
228	228	11 (d) The State Board shall provide parents of participating
229	229	12 students with a written explanation of the allowable uses of
230	230	13 Education Savings Accounts, the responsibilities of parents,
231	231	14 and the duties of the State Board.
232	232	15 (e) The State Board may deduct an amount from the grants to
233	233	16 Education Savings Accounts to cover the costs of overseeing
234	234	17 the accounts and administering the program, up to a limit of
235	235	18 3%.
236	236	19 (f) The State Board shall establish reasonable fees for
237	237	20 private financial management firms participating in the
238	238	21 Program based upon market rates.
239	239	22 (g) The State Board shall make payments to eligible
240	240	23 students' Education Savings Accounts on a quarterly basis.
241	241	24 Section 20. Accountability standards for participating
242	242	25 schools.
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253	253	1 (a) To ensure that students are treated fairly and kept
254	254	2 safe, all participating schools shall:
255	255	3 (1) comply with all health and safety laws or codes
256	256	4 that apply to private schools;
257	257	5 (2) hold a valid occupancy permit if required by their
258	258	6 local government;
259	259	7 (3) certify that they comply with the
260	260	8 nondiscrimination policies set forth in 42 U.S.C. 1981;
261	261	9 and
262	262	10 (4) conduct criminal history records checks on
263	263	11 employees. The participating school shall then:
264	264	12 (A) exclude from employment any people not
265	265	13 permitted by State law to work in a private school; and
266	266	14 (B) exclude from employment any people that might
267	267	15 reasonably pose a threat to the safety of students.
268	268	16 (b) To ensure that funds are spent appropriately, all
269	269	17 participating schools shall:
270	270	18 (1) provide parents with a receipt for all qualifying
271	271	19 expenses at the school; and
272	272	20 (2) demonstrate their financial viability by showing
273	273	21 they can repay any funds that might be provided from
274	274	22 Education Savings Accounts, if they are to receive $50,000
275	275	23 or more during the school year, by:
276	276	24 (A) filing with the State Board, prior to the
277	277	25 start of the school year, a surety bond payable to this
278	278	26 State in an amount equal to the aggregate amount of the
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289	289	1 funds from Education Savings Accounts expected to be
290	290	2 paid during the school year from students admitted at
291	291	3 the participating school; or
292	292	4 (B) filing with the State Board, prior to the
293	293	5 start of the school year, financial information that
294	294	6 demonstrates the school has the ability to pay an
295	295	7 aggregate amount equal to the amount of the funds from
296	296	8 Education Savings Accounts expected to be paid during
297	297	9 the school year to students admitted to the
298	298	10 participating school.
299	299	11 (c) In order to allow parents and taxpayers to measure the
300	300	12 achievements of the Program:
301	301	13 (1) parents shall ensure that:
302	302	14 (A) each year their eligible student takes either
303	303	15 State achievement tests or national, norm-referenced
304	304	16 tests that measure learning gains in mathematics and
305	305	17 language arts and provide for value-added assessment;
306	306	18 (B) the results of these tests are provided to the
307	307	19 State Board or an organization chosen by the State
308	308	20 Board on an annual basis;
309	309	21 (C) the student information is reported in a way
310	310	22 that would allow the State Board to aggregate data by
311	311	23 grade level, gender, family income level, and race;
312	312	24 and
313	313	25 (D) the State Board or an organization chosen by
314	314	26 the State Board will be informed of the eligible
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325	325	1 student's graduation from high school; and
326	326	2 (2) the State Board or an organization chosen by the
327	327	3 State Board shall:
328	328	4 (A) ensure compliance with all student privacy
329	329	5 laws;
330	330	6 (B) collect all test results;
331	331	7 (C) provide the test results, associated learning
332	332	8 gains, and graduation rates to the public, via the
333	333	9 State Board's Internet website, after the third year
334	334	10 of test and graduation-related data collection; the
335	335	11 findings shall be aggregated by the students' grade
336	336	12 level, gender, family income level, number of years of
337	337	13 participation in the Program, and race;
338	338	14 (D) provide graduation rates to the public via the
339	339	15 State Board's Internet website after the third year of
340	340	16 test and test-related data collection; and
341	341	17 (E) administer an annual parental satisfaction
342	342	18 survey that shall ask parents of students receiving
343	343	19 Education Savings Accounts to express:
344	344	20 (i) their satisfaction with the Program; and
345	345	21 (ii) their opinions on other topics, items, or
346	346	22 issues that the State Board finds would elicit
347	347	23 information about the effectiveness of the Program
348	348	24 and the number of years their child has
349	349	25 participated in the Program.
350	350	26 (d) A participating school is autonomous and not an agent
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361	361	1 of this State or the federal government, and, therefore:
362	362	2 (1) the State Board or any other State agency may not
363	363	3 in any way regulate the educational program of a
364	364	4 participating school or education provider that accepts
365	365	5 funds from an Education Savings Account;
366	366	6 (2) the creation of the Program does not expand the
367	367	7 regulatory authority of this State, its officers, or any
368	368	8 school district to impose any additional regulation of
369	369	9 private schools or education providers beyond those
370	370	10 necessary to enforce the requirements of the Program; and
371	371	11 (3) participating schools and education providers
372	372	12 shall be given the maximum freedom to provide for the
373	373	13 educational needs of their students without governmental
374	374	14 control.
375	375	15 Section 25. Responsibilities of the State Board.
376	376	16 (a) The State Board shall ensure that eligible students
377	377	17 and their parents are informed annually of which schools will
378	378	18 be participating in the Program. Special attention shall be
379	379	19 paid to ensuring that lower-income families are made aware of
380	380	20 the program and their options.
381	381	21 (b) The State Board shall create a standard form that
382	382	22 parents of eligible students can submit to establish the
383	383	23 student's eligibility for the Program. The State Board shall
384	384	24 ensure that the application is readily available to interested
385	385	25 families through various sources, including the Internet.
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396	396	1 (c) The State Board may bar a participating school or
397	397	2 education provider from the Program if the State Board
398	398	3 establishes that the participating school or education
399	399	4 provider has:
400	400	5 (1) routinely failed to comply with the accountability
401	401	6 standards established in Section 20 of this Act; or
402	402	7 (2) failed to provide the eligible student with the
403	403	8 educational services funded by the Education Savings
404	404	9 Account.
405	405	10 (d) If the State Board decides to bar a participating
406	406	11 school or education provider from the program, the State Board
407	407	12 shall notify eligible students and their parents of this
408	408	13 decision as quickly as possible.
409	409	14 (e) The State Board shall adopt rules and procedures as
410	410	15 necessary for the administration of the Program.
411	411	16 Section 30. Responsibilities of resident school districts.
412	412	17 (a) The resident school district shall provide a
413	413	18 participating school or education provider that has admitted
414	414	19 an eligible student under the Program with a complete copy of
415	415	20 the student's school records, while complying with the federal
416	416	21 Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
417	417	22 1232g).
418	418	23 (b) The resident school district shall provide
419	419	24 transportation for an eligible student to and from the
420	420	25 participating school or education provider under the same
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431	431	1 conditions as the resident school district is required to
432	432	2 provide transportation for other resident students to and from
433	433	3 private schools under the law. The resident school district
434	434	4 shall qualify for State transportation aid for each student so
435	435	5 transported.
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