Illinois 2025-2026 Regular Session

Illinois House Bill HB1729 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1729 Introduced , by Rep. Michael J. Coffey, Jr. SYNOPSIS AS INTRODUCED: New Act35 ILCS 5/246 new Creates the Reinvest in Future Technical Careers Act. Provides that the Department of Revenue shall award income tax credits to taxpayers who make authorized contributions to scholarship granting organizations for the purpose of awarding scholarships to eligible students who attend technical academies. Sets forth limitations with respect to the aggregate amount of credits awarded by the Department of Revenue under the program in a calendar year and the amount of credits awarded to an individual taxpayer. Amends the Illinois Income Tax Act to make conforming changes. LRB104 08501 HLH 18553 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1729 Introduced , by Rep. Michael J. Coffey, Jr. SYNOPSIS AS INTRODUCED: New Act35 ILCS 5/246 new New Act 35 ILCS 5/246 new Creates the Reinvest in Future Technical Careers Act. Provides that the Department of Revenue shall award income tax credits to taxpayers who make authorized contributions to scholarship granting organizations for the purpose of awarding scholarships to eligible students who attend technical academies. Sets forth limitations with respect to the aggregate amount of credits awarded by the Department of Revenue under the program in a calendar year and the amount of credits awarded to an individual taxpayer. Amends the Illinois Income Tax Act to make conforming changes. LRB104 08501 HLH 18553 b LRB104 08501 HLH 18553 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1729 Introduced , by Rep. Michael J. Coffey, Jr. SYNOPSIS AS INTRODUCED:
33 New Act35 ILCS 5/246 new New Act 35 ILCS 5/246 new
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66 Creates the Reinvest in Future Technical Careers Act. Provides that the Department of Revenue shall award income tax credits to taxpayers who make authorized contributions to scholarship granting organizations for the purpose of awarding scholarships to eligible students who attend technical academies. Sets forth limitations with respect to the aggregate amount of credits awarded by the Department of Revenue under the program in a calendar year and the amount of credits awarded to an individual taxpayer. Amends the Illinois Income Tax Act to make conforming changes.
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1212 1 AN ACT concerning revenue.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. Short title. This Act may be cited as the
1616 5 Reinvest in Future Technical Careers Act.
1717 6 Section 5. Definitions. As used in this Act:
1818 7 "Authorized contribution" means the contribution amount
1919 8 that is listed on the contribution authorization certificate
2020 9 issued to the taxpayer.
2121 10 "Board" means the State Board of Education.
2222 11 "Contribution" means a donation made by the taxpayer
2323 12 during the taxable year for providing scholarships as provided
2424 13 in this Act.
2525 14 "Custodian" means an Illinois resident who is a parent or
2626 15 legal guardian of an eligible student or students.
2727 16 "Department" means the Department of Revenue.
2828 17 "Eligible student" means a child who:
2929 18 (1) is a member of a household whose federal adjusted
3030 19 gross income the year before he or she initially receives
3131 20 a scholarship under this program, as determined by the
3232 21 Department, does not exceed 300% of the federal poverty
3333 22 level and, once the child receives a scholarship, does not
3434 23 exceed 400% of the federal poverty level;
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1729 Introduced , by Rep. Michael J. Coffey, Jr. SYNOPSIS AS INTRODUCED:
3939 New Act35 ILCS 5/246 new New Act 35 ILCS 5/246 new
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4242 Creates the Reinvest in Future Technical Careers Act. Provides that the Department of Revenue shall award income tax credits to taxpayers who make authorized contributions to scholarship granting organizations for the purpose of awarding scholarships to eligible students who attend technical academies. Sets forth limitations with respect to the aggregate amount of credits awarded by the Department of Revenue under the program in a calendar year and the amount of credits awarded to an individual taxpayer. Amends the Illinois Income Tax Act to make conforming changes.
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7171 1 (2) is eligible to attend a public elementary school
7272 2 or high school in Illinois in the semester immediately
7373 3 preceding the semester for which he or she first receives
7474 4 a scholarship or is starting school in Illinois for the
7575 5 first time when he or she first receives a scholarship;
7676 6 and
7777 7 (3) resides in Illinois while receiving a scholarship.
7878 8 "Family member" means a parent, child, or sibling, whether
7979 9 by whole blood, half blood, or adoption; spouse; or stepchild.
8080 10 "Focus district" means a school district that has a school
8181 11 that either (i) has one or more subgroups in which the average
8282 12 student performance is at or below the State average for the
8383 13 lowest 10% of student performance in that subgroup or (ii) has
8484 14 an average graduation rate of less than 60% and is not
8585 15 identified for priority.
8686 16 "Jointly administered CTE program" means a program or set
8787 17 of programs within a non-public school located in Illinois, as
8888 18 determined by the State Board of Education pursuant to Section
8989 19 10 of this Act.
9090 20 "Necessary costs and fees" means the customary charge for
9191 21 instruction and use of facilities in general and the
9292 22 additional fixed fees charged for specified purposes that are
9393 23 required generally of non-scholarship recipients for each
9494 24 academic period for which the scholarship applicant actually
9595 25 enrolls, including costs associated with student assessments,
9696 26 but not including fees payable only once and other contingent
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107107 1 deposits that are refundable in whole or in part. The Board may
108108 2 prescribe, by rules consistent with this Act, detailed
109109 3 provisions concerning the computation of necessary costs and
110110 4 fees.
111111 5 "Scholarship granting organization" means an entity that:
112112 6 (1) is exempt from taxation under Section 501(c)(3) of
113113 7 the Internal Revenue Code;
114114 8 (2) uses at least 95% of the qualified contributions
115115 9 received during a taxable year for scholarships;
116116 10 (3) provides scholarships to students according to the
117117 11 guidelines of this Act;
118118 12 (4) deposits and holds qualified contributions and any
119119 13 income derived from qualified contributions in an account
120120 14 that is separate from the organization's operating fund or
121121 15 other funds until those qualified contributions or income
122122 16 are withdrawn for use; and
123123 17 (5) is approved to issue certificates of receipt.
124124 18 "Technical academy" means a non-public school located in
125125 19 Illinois that (i) registers with the Board pursuant to Section
126126 20 2-3.25o of the School Code and (ii) operates or will operate a
127127 21 jointly administered CTE program as the primary focus of the
128128 22 school. To maintain its status as a technical academy, the
129129 23 non-public school must obtain recognition from the Board
130130 24 pursuant to Section 2-3.25o of the School Code within 2
131131 25 calendar years of its registration with the Board.
132132 26 "Qualified contribution" means the authorized contribution
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143143 1 made by a taxpayer to a scholarship granting organization for
144144 2 which the taxpayer has received a certificate of receipt from
145145 3 the organization.
146146 4 "Scholarship" means an educational scholarship awarded to
147147 5 an eligible student to attend a technical academy of the
148148 6 student's custodian's choice in an amount not exceeding the
149149 7 necessary costs and fees to attend that technical academy.
150150 8 "Taxpayer" means an individual, corporation, partnership,
151151 9 trust, or other entity subject to the Illinois income tax. For
152152 10 the purposes of this Act, 2 individuals filing a joint
153153 11 Illinois income tax return shall be considered one taxpayer.
154154 12 Section 10. Determination of jointly administered CTE
155155 13 programs.
156156 14 (a) Upon its own motion, or upon petition from a technical
157157 15 academy, the State Board of Education shall determine whether
158158 16 a program or set of programs offered or proposed by a technical
159159 17 academy provides coursework and training in career and
160160 18 technical education pathways aligned to industry-recognized
161161 19 certifications and credentials. The State Board of Education
162162 20 shall make that determination based upon whether the
163163 21 industry-recognized certifications or credentials that are the
164164 22 focus of a technical academy's coursework and training program
165165 23 or set of programs (i) are associated with an occupation
166166 24 determined to fall under the LEADING or EMERGING priority
167167 25 sectors as determined through Illinois' Workforce Innovation
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178178 1 and Opportunity Act Unified State Plan and (ii) provide wages
179179 2 that are at least 70% of the average annual wage in the State,
180180 3 as determined by the United States Bureau of Labor Statistics.
181181 4 (b) The State Board of Education shall publish a list of
182182 5 approved jointly administered CTE programs on its website and
183183 6 otherwise make that list available to the public. A technical
184184 7 academy may petition the State Board of Education to obtain a
185185 8 determination that a proposed program or set of programs that
186186 9 it seeks to offer qualifies as a jointly administered CTE
187187 10 program under subsection (a) of this Section. A petitioner
188188 11 shall file one original petition in the form provided by the
189189 12 State Board of Education and in the manner specified by the
190190 13 State Board of Education. The petitioner may withdraw his or
191191 14 her petition by submitting a written statement to the State
192192 15 Board of Education indicating withdrawal. The State Board of
193193 16 Education shall approve or deny a petition within 180 days of
194194 17 its submission and, upon approval, shall proceed to add the
195195 18 program or set of programs to the list of approved jointly
196196 19 administered CTE programs. The approval or denial of any
197197 20 petition is a final decision of the Board, subject to judicial
198198 21 review under the Administrative Review Law. Jurisdiction and
199199 22 venue are vested in the circuit court.
200200 23 (c) The State Board of Education shall evaluate the
201201 24 approved jointly administered CTE programs under this Section
202202 25 once every 5 years. At this time, the State Board of Education
203203 26 shall determine whether these programs continue to meet the
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214214 1 requirements set forth in subsection (a) of this Section.
215215 2 Section 15. Credit awards.
216216 3 (a) For taxable years beginning on or after January 1,
217217 4 2026 and ending before January 1, 2037, the Department shall
218218 5 award credits against the tax imposed under subsections (a)
219219 6 and (b) of Section 201 of the Illinois Income Tax Act to
220220 7 taxpayers who make qualified contributions. For contributions
221221 8 made under this Act, the credit shall be equal to 75% of the
222222 9 total amount of qualified contributions made by the taxpayer
223223 10 during a taxable year.
224224 11 (b) The aggregate amount of all credits the Department may
225225 12 award under this Act in any calendar year may not exceed
226226 13 $25,000,000.
227227 14 (c) Contributions made by corporations (including
228228 15 Subchapter S corporations), partnerships, and trusts under
229229 16 this Act may not be directed to a particular subset of schools,
230230 17 a particular school, a particular group of students, or a
231231 18 particular student. Contributions made by individuals under
232232 19 this Act may be directed to a particular subset of schools or a
233233 20 particular school but may not be directed to a particular
234234 21 group of students or a particular student.
235235 22 (d) No credit shall be taken under this Act for any
236236 23 qualified contribution for which the taxpayer claims a federal
237237 24 income tax deduction.
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248248 1 Section 20. Approval to issue certificates of receipt.
249249 2 (a) A scholarship granting organization shall submit an
250250 3 application for approval to issue certificates of receipt in
251251 4 the form and manner prescribed by the Department, provided
252252 5 that each application shall include:
253253 6 (1) documentary evidence that the scholarship granting
254254 7 organization has been granted an exemption from taxation
255255 8 under Section 501(c)(3) of the Internal Revenue Code;
256256 9 (2) certification that all qualified contributions and
257257 10 any income derived from qualified contributions are
258258 11 deposited and held in an account that is separate from the
259259 12 scholarship granting organization's operating or other
260260 13 funds until such qualified contributions or income are
261261 14 withdrawn for use;
262262 15 (3) certification that the scholarship granting
263263 16 organization will use at least 95% of its annual revenue
264264 17 from qualified contributions for scholarships;
265265 18 (4) certification that the scholarship granting
266266 19 organization will provide scholarships to eligible
267267 20 students;
268268 21 (5) a list of the names and addresses of all members of
269269 22 the governing board of the scholarship granting
270270 23 organization; and
271271 24 (6) a copy of the most recent financial audit of the
272272 25 scholarship granting organization's accounts and records
273273 26 conducted by an independent certified public accountant in
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284284 1 accordance with auditing standards generally accepted in
285285 2 the United States, government auditing standards, and
286286 3 rules adopted by the Department.
287287 4 (b) A scholarship granting organization whose owner or
288288 5 operator in the last 7 years has filed for personal bankruptcy
289289 6 or corporate bankruptcy in a corporation of which he or she
290290 7 owned more than 20% shall not be eligible to provide
291291 8 scholarships.
292292 9 (c) A scholarship granting organization must not have an
293293 10 owner or operator who owns or operates a technical academy or
294294 11 has a family member who is a paid staff or board member of a
295295 12 participating technical academy.
296296 13 (d) A scholarship granting organization shall comply with
297297 14 the anti-discrimination provisions of 42 U.S.C. 2000d.
298298 15 (e) The Department shall review and either approve or deny
299299 16 each application to issue certificates of receipt pursuant to
300300 17 this Act. Approval or denial of an application shall be made on
301301 18 a periodic basis. Applicants shall be notified of the
302302 19 Department's determination within 30 business days after the
303303 20 application is received.
304304 21 (f) No scholarship granting organization shall issue any
305305 22 certificates of receipt without first being approved to issue
306306 23 certificates of receipt.
307307 24 Section 25. Annual review.
308308 25 (a) Each scholarship granting organization that receives
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319319 1 approval to issue certificates of receipt shall file an
320320 2 application for recertification on an annual basis. The
321321 3 application for recertification shall be in the form and
322322 4 manner prescribed by the Department and shall include:
323323 5 (1) certification from the Director or Chief Executive
324324 6 Officer of the organization that the organization has
325325 7 complied with and continues to comply with the
326326 8 requirements of this Act, including evidence of that
327327 9 compliance; and
328328 10 (2) a copy of the organization's current financial
329329 11 statements.
330330 12 (b) The Department may revoke the approval of a
331331 13 scholarship granting organization to issue certificates of
332332 14 receipt upon a finding that the organization has violated this
333333 15 Act or any rules adopted under this Act. These violations
334334 16 shall include, but need not be limited to, any of the
335335 17 following:
336336 18 (1) failure to meet the requirements of this Act;
337337 19 (2) failure to maintain full and adequate records with
338338 20 respect to the receipt of qualified contributions;
339339 21 (3) failure to supply those records to the Department;
340340 22 or
341341 23 (4) failure to provide notice to the Department of the
342342 24 issuance of certificates of receipt as required under this
343343 25 Act.
344344 26 (c) Within 5 days after the Department makes a
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355355 1 determination to revoke the approval of a scholarship granting
356356 2 organization to issue certificates of receipt, the Department
357357 3 shall provide the scholarship granting organization with
358358 4 notice of the determination as well as information regarding
359359 5 the process by which the organization may request a hearing to
360360 6 appeal the determination.
361361 7 Section 30. Contribution authorization certificates.
362362 8 (a) A taxpayer shall not be allowed a credit pursuant to
363363 9 this Act for any contribution to a scholarship granting
364364 10 organization that was made prior to the Department's issuance
365365 11 of a contribution authorization certificate for that
366366 12 contribution to the taxpayer.
367367 13 (b) Prior to making a contribution to a scholarship
368368 14 granting organization, the taxpayer shall apply to the
369369 15 Department for a contribution authorization certificate.
370370 16 (c) A taxpayer who makes more than one contribution to a
371371 17 scholarship granting organization must make a separate
372372 18 application for each such contribution authorization
373373 19 certificate. The application shall be in the form and manner
374374 20 prescribed by the Department, provided that the application
375375 21 shall include:
376376 22 (1) the taxpayer's name and address;
377377 23 (2) the amount the taxpayer will contribute; and
378378 24 (3) any other information the Department deems
379379 25 necessary.
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390390 1 (d) The Department may allow taxpayers to make multiple
391391 2 applications on the same form, provided that each application
392392 3 shall be treated as a separate application.
393393 4 (e) The Department shall issue credit authorization
394394 5 certificates on a first-come, first-served basis based upon
395395 6 the date that the Department received the taxpayer's
396396 7 application for the certificate.
397397 8 (f) A taxpayer's aggregate authorized contribution amount
398398 9 as listed on one or more authorized contribution certificates
399399 10 issued to the taxpayer shall not exceed the aggregate of the
400400 11 amounts listed on the taxpayer's applications submitted in
401401 12 accordance with this Section.
402402 13 (g) Each contribution authorization certificate shall
403403 14 state:
404404 15 (1) the date on which the certificate was issued;
405405 16 (2) the date by which the authorized contributions
406406 17 listed in the certificate must be made, which shall be 60
407407 18 days from the date of the issuance of a credit
408408 19 authorization certificate;
409409 20 (3) the total amount of authorized contributions; and
410410 21 (4) any other information the Department deems
411411 22 necessary.
412412 23 (h) Credit authorization certificates shall be mailed to
413413 24 the appropriate taxpayers within 3 business days after their
414414 25 issuance.
415415 26 (i) A taxpayer may rescind all or part of an authorized
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426426 1 contribution approved under this Act by providing written
427427 2 notice to the Department. Amounts rescinded shall no longer be
428428 3 deducted from the cap prescribed in Section 15 of this Act.
429429 4 (j) The Department shall maintain on its website a running
430430 5 total of the amount of credits for which taxpayers may make
431431 6 applications for contribution authorization certification. The
432432 7 running total shall be updated every business day.
433433 8 Section 35. Certificates of receipt.
434434 9 (a) No scholarship granting organization shall issue a
435435 10 certificate of receipt for any qualified contribution made by
436436 11 a taxpayer under this Act unless that scholarship granting
437437 12 organization has been approved to issue certificates of
438438 13 receipt under this Act.
439439 14 (b) No scholarship granting organization shall issue a
440440 15 certificate of receipt for a contribution made by a taxpayer
441441 16 unless the taxpayer has been issued a credit authorization
442442 17 certificate by the Department.
443443 18 (c) If a taxpayer makes a contribution to a scholarship
444444 19 granting organization prior to the date by which the
445445 20 authorized contribution shall be made, the scholarship
446446 21 granting organization shall, within 30 days of receipt of the
447447 22 authorized contribution, issue to the taxpayer a written
448448 23 certificate of receipt.
449449 24 (d) If a taxpayer fails to make all or a portion of a
450450 25 contribution prior to the date by which such authorized
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461461 1 contribution is required to be made, the taxpayer shall not be
462462 2 entitled to a certificate of receipt for that portion of the
463463 3 authorized contribution not made.
464464 4 (e) Each certificate of receipt shall state:
465465 5 (1) the name and address of the issuing scholarship
466466 6 granting organization;
467467 7 (2) the taxpayer's name and address;
468468 8 (3) the date for each qualified contribution;
469469 9 (4) the amount of each qualified contribution;
470470 10 (5) the total qualified contribution amount; and
471471 11 (6) any other information that the Department may deem
472472 12 necessary.
473473 13 (f) Upon the issuance of a certificate of receipt, the
474474 14 issuing scholarship granting organization shall, within 10
475475 15 days after issuing the certificate of receipt, provide the
476476 16 Department with notification of the issuance of such
477477 17 certificate in the form and manner prescribed by the
478478 18 Department, provided that such notification shall include:
479479 19 (1) the taxpayer's name and address;
480480 20 (2) the date of the issuance of a certificate of
481481 21 receipt;
482482 22 (3) the qualified contribution date or dates and the
483483 23 amounts contributed on such dates;
484484 24 (4) the total qualified contribution listed on such
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486486 26 (5) the issuing scholarship granting organization's
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497497 1 name and address; and
498498 2 (6) any other information the Department may deem
499499 3 necessary.
500500 4 (g) Any portion of a contribution that a taxpayer fails to
501501 5 make by the date indicated on the authorized contribution
502502 6 certificate shall no longer be deducted from the cap
503503 7 prescribed in Section 15 of this Act.
504504 8 Section 40. Reports.
505505 9 (a) Within 180 days after the end of its fiscal year, each
506506 10 scholarship granting organization must provide to the
507507 11 Department a copy of a financial audit of its accounts and
508508 12 records conducted by an independent certified public
509509 13 accountant in accordance with auditing standards generally
510510 14 accepted in the United States, government auditing standards,
511511 15 and rules adopted by the Department. The audit must include a
512512 16 report on financial statements presented in accordance with
513513 17 generally accepted accounting principles. The audit must
514514 18 include evidence that no less than 95% of qualified
515515 19 contributions received were used to provide scholarships to
516516 20 eligible students. The Department shall review all audits
517517 21 submitted pursuant to this subsection. The Department shall
518518 22 request any significant items that were omitted in violation
519519 23 of a rule adopted by the Department. The items must be provided
520520 24 within 45 days after the date of request. If a scholarship
521521 25 granting organization does not comply with the Department's
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532532 1 request, the Department may revoke the scholarship granting
533533 2 organization's ability to issue certificates of receipt.
534534 3 (b) A scholarship granting organization that is approved
535535 4 to receive qualified contributions shall report to the
536536 5 Department, on a form prescribed by the Department, by January
537537 6 31 of each calendar year. The report shall include:
538538 7 (1) the total number of certificates of receipt issued
539539 8 during the immediately preceding calendar year;
540540 9 (2) the total dollar amount of qualified contributions
541541 10 received, as set forth in the certificates of receipt
542542 11 issued during the immediately preceding calendar year;
543543 12 (3) the total number of eligible students using
544544 13 scholarships for the immediately preceding calendar year
545545 14 and the school year in progress and the total dollar value
546546 15 of the scholarships;
547547 16 (4) the name and address of each technical academy for
548548 17 which scholarships using qualified contributions were
549549 18 issued during the immediately preceding calendar year,
550550 19 detailing the number, grade, race, gender, income level,
551551 20 and residency by Zip Code of eligible students and the
552552 21 total dollar value of scholarships being used at each
553553 22 technical academy by priority group, as identified in
554554 23 subsection (d) of Section 45 of this Act; and
555555 24 (5) any additional information requested by the
556556 25 Department.
557557 26 (c) On or before the last day of March for each calendar
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568568 1 year, for the immediately preceding calendar year, the
569569 2 Department shall submit a written report to the Governor, the
570570 3 President of the Senate, the Speaker of the House of
571571 4 Representatives, the Minority Leader of the Senate, and the
572572 5 Minority Leader of the House of Representatives regarding this
573573 6 Act. The report shall include, but not be limited to, the
574574 7 following information:
575575 8 (1) the names and addresses of all scholarship
576576 9 granting organizations approved to issue certificates of
577577 10 receipt;
578578 11 (2) the number and aggregate total of certificates of
579579 12 receipt issued by each scholarship granting organization;
580580 13 and
581581 14 (3) the information reported to the Department
582582 15 required by subsection (b) of this Section.
583583 16 (d) The sharing and reporting of student data under this
584584 17 Section must be in accordance with the requirements of the
585585 18 Family Educational Rights and Privacy Act and the Illinois
586586 19 School Student Records Act. All parties must preserve the
587587 20 confidentiality of such information as required by law. Data
588588 21 reported by the Department under subsection (c) of this
589589 22 Section must not disaggregate data to a level that will
590590 23 disclose demographic data of individual students.
591591 24 Section 45. Scholarship granting organization
592592 25 responsibilities.
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603603 1 (a) Before granting a scholarship for an academic year,
604604 2 all scholarship granting organizations shall assess and
605605 3 document each student's eligibility for the academic year.
606606 4 (b) A scholarship granting organization shall grant
607607 5 scholarships only to eligible students.
608608 6 (c) A scholarship granting organization shall give
609609 7 priority to eligible students who received a scholarship from
610610 8 a scholarship granting organization under this Act or under
611611 9 the Invest in Kids Act during the previous school year. Second
612612 10 priority shall be given to the following priority groups:
613613 11 (1) eligible students who are members of a household
614614 12 whose previous year's total annual income does not exceed
615615 13 185% of the federal poverty level;
616616 14 (2) eligible students who reside within a focus
617617 15 district; and
618618 16 (3) eligible students who are siblings of students
619619 17 currently receiving a scholarship.
620620 18 (d) A scholarship granting organization shall begin
621621 19 granting scholarships no later than February 1 preceding the
622622 20 school year for which the scholarship is sought. Each priority
623623 21 group identified in subsection (c) of this Section shall be
624624 22 eligible to receive scholarships on a first-come, first-served
625625 23 basis until April 1 immediately preceding the school year for
626626 24 which the scholarship is sought, starting with the first
627627 25 priority group identified in subsection (c) of this Section.
628628 26 Applications for scholarships for eligible students meeting
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639639 1 the qualifications of one or more priority groups that are
640640 2 received before April 1 must be either approved or denied
641641 3 within 10 business days after receipt. Beginning April 1, all
642642 4 eligible students shall be eligible to receive scholarships
643643 5 without regard to the priority groups identified in subsection
644644 6 (c) of this Section.
645645 7 (e) Except as provided in subsection (e-5) of this
646646 8 Section, scholarships shall not exceed the lesser of (i) the
647647 9 statewide average operational expense per student among public
648648 10 schools or (ii) the necessary costs and fees for attendance at
649649 11 the technical academy. A technical academy may set a lower
650650 12 maximum scholarship amount for eligible students who are
651651 13 members of a household whose previous year's total annual
652652 14 income does not exceed 185% of the federal poverty level; that
653653 15 amount may not exceed the necessary costs and fees for
654654 16 attendance at the technical academy. The technical academy
655655 17 shall notify the scholarship granting organization of its
656656 18 necessary costs and fees as well as any maximum scholarship
657657 19 amount set by the school. Scholarships shall be prorated as
658658 20 follows:
659659 21 (1) for eligible students whose household income is
660660 22 less than 185% of the federal poverty level, the
661661 23 scholarship shall be 100% of the amount determined
662662 24 pursuant to this subsection (e) and subsection (e-5) of
663663 25 this Section;
664664 26 (2) for eligible students whose household income is
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675675 1 185% or more of the federal poverty level but less than
676676 2 250% of the federal poverty level, the average of
677677 3 scholarships shall be 75% of the amount determined
678678 4 pursuant to this subsection (e) and subsection (e-5) of
679679 5 this Section; and
680680 6 (3) for eligible students whose household income is
681681 7 250% or more of the federal poverty level, the average of
682682 8 scholarships shall be 50% of the amount determined
683683 9 pursuant to this subsection (e) and subsection (e-5) of
684684 10 this Section.
685685 11 (e-5) The statewide average operational expense per
686686 12 student among public schools shall be multiplied by the
687687 13 following factors:
688688 14 (1) for students who are determined eligible to
689689 15 receive services under the federal Individuals with
690690 16 Disabilities Education Act, 2;
691691 17 (2) for students who are English learners, as defined
692692 18 in subsection (d) of Section 14C-2 of the School Code,
693693 19 1.2; and
694694 20 (3) for students who are gifted and talented children,
695695 21 as defined in Section 14A-20 of the School Code, 1.1.
696696 22 (f) A scholarship granting organization shall distribute
697697 23 scholarship payments to the technical academy where the
698698 24 student is enrolled.
699699 25 (g) For the 2026-2027 school year through the 2035-2036
700700 26 school year, each scholarship granting organization shall
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711711 1 expend no less than 75% of the qualified contributions
712712 2 received during the calendar year in which the qualified
713713 3 contributions were received. No more than 25% of the qualified
714714 4 contributions may be carried forward to the following calendar
715715 5 year.
716716 6 (h) For the 2036-2037 school year, each scholarship
717717 7 granting organization shall expend all qualified contributions
718718 8 received during the calendar year in which the qualified
719719 9 contributions were received. No qualified contributions may be
720720 10 carried forward to the following calendar year.
721721 11 (i) A scholarship granting organization shall allow an
722722 12 eligible student to transfer a scholarship during a school
723723 13 year to any other technical academy of the custodian's choice.
724724 14 Those scholarships shall be prorated.
725725 15 (j) With the prior approval of the Department, a
726726 16 scholarship granting organization may transfer funds to
727727 17 another scholarship granting organization if additional funds
728728 18 are required to meet scholarship demands at the receiving
729729 19 scholarship granting organization. All transferred funds must
730730 20 be deposited by the receiving scholarship granting
731731 21 organization into its scholarship accounts. All transferred
732732 22 amounts received by any scholarship granting organization must
733733 23 be separately disclosed to the Department.
734734 24 (k) If the approval of a scholarship granting organization
735735 25 is revoked as provided in Section 25 of this Act or the
736736 26 scholarship granting organization is dissolved, all remaining
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747747 1 qualified contributions of the scholarship granting
748748 2 organization shall be transferred to another scholarship
749749 3 granting organization. All transferred funds must be deposited
750750 4 by the receiving scholarship granting organization into its
751751 5 scholarship accounts.
752752 6 (l) Scholarship granting organizations shall make
753753 7 reasonable efforts to advertise the availability of
754754 8 scholarships to eligible students.
755755 9 Section 50. State Board responsibilities.
756756 10 (a) Students who have been granted a scholarship under
757757 11 this Act shall be annually assessed at the technical academy
758758 12 where the student attends school in the same manner in which
759759 13 students that attend public schools are annually assessed
760760 14 pursuant to Section 2-3.64a-5 of the School Code. The
761761 15 technical academy shall pay costs associated with this
762762 16 requirement.
763763 17 (b) The Board shall select an independent research
764764 18 organization, which may be a public or private entity or
765765 19 university, to which participating technical academies must
766766 20 report the scores of students who are receiving scholarships
767767 21 and are assessed pursuant to subsection (a) of this Section.
768768 22 Costs associated with the independent research organization
769769 23 shall be paid by the scholarship granting organizations on a
770770 24 per-pupil basis or by gifts, grants, or donations received by
771771 25 the Board under subsection (d) of this Section, as determined
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782782 1 by the Board. The independent research organization must
783783 2 annually report to the Board on the year-to-year learning
784784 3 gains of students receiving scholarships on a statewide basis.
785785 4 The report shall also include, to the extent possible, a
786786 5 comparison of these learning gains to the statewide learning
787787 6 gains of public school students with socioeconomic backgrounds
788788 7 similar to those of students receiving scholarships. The
789789 8 annual report shall be delivered to the Board and published on
790790 9 its website.
791791 10 (c) Beginning within 120 days after the Board first
792792 11 receives the annual report by the independent research
793793 12 organization as provided in subsection (b) of this Section and
794794 13 on an annual basis thereafter, the Board shall submit a
795795 14 written report to the Governor, the President of the Senate,
796796 15 the Speaker of the House of Representatives, the Minority
797797 16 Leader of the Senate, and the Minority Leader of the House of
798798 17 Representatives regarding this Act. Such report shall include
799799 18 an evaluation of the academic performance of students
800800 19 receiving scholarships and recommendations for improving
801801 20 student performance.
802802 21 (d) Subject to the State Officials and Employees Ethics
803803 22 Act, the Board may receive and expend gifts, grants, and
804804 23 donations of any kind from any public or private entity to
805805 24 carry out the purposes of this Section, subject to the terms
806806 25 and conditions under which the gifts are given, provided that
807807 26 all such terms and conditions are permissible under law.
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818818 1 (e) The sharing and reporting of student learning gain
819819 2 data under this Section must be in accordance with
820820 3 requirements of the Family Educational Rights and Privacy Act
821821 4 and the Illinois School Student Records Act. All parties must
822822 5 preserve the confidentiality of such information as required
823823 6 by law. The annual report must not disaggregate data to a level
824824 7 that will disclose the academic level of individual students.
825825 8 Section 55. Technical academy responsibilities. A
826826 9 technical academy that accepts scholarship students must do
827827 10 all of the following:
828828 11 (1) provide to a scholarship granting organization,
829829 12 upon request, all documentation required for the student's
830830 13 participation, including the non-public school's cost and
831831 14 student's fee schedules;
832832 15 (2) be academically accountable to the custodian for
833833 16 meeting the educational needs of the student by:
834834 17 (A) at a minimum, annually providing to the
835835 18 custodian a written explanation of the student's
836836 19 progress; and
837837 20 (B) annually administering assessments required by
838838 21 subsection (a) of Section 50 of this Act in the same
839839 22 manner in which they are administered at public
840840 23 schools pursuant to Section 2-3.64a-5 of the School
841841 24 Code; the Board shall bill participating technical
842842 25 academies for all costs associated with administering
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853853 1 assessments required by this paragraph; the
854854 2 participating technical academies shall ensure that
855855 3 all test security and assessment administration
856856 4 procedures are followed; participating technical
857857 5 academies must report individual student scores to the
858858 6 custodians of the students; the independent research
859859 7 organization described in subsection (b) of Section 50
860860 8 of this Act shall be provided all student score data in
861861 9 a secure manner by the participating technical
862862 10 academy.
863863 11 The inability of a technical academy to meet the
864864 12 requirements of this Section shall constitute a basis for the
865865 13 ineligibility of the technical academy to participate in the
866866 14 scholarship program as determined by the Board.
867867 15 Section 60. Custodian and student responsibilities.
868868 16 (a) The custodian must select a technical academy and
869869 17 apply for the admission of his or her child.
870870 18 (b) The custodian shall ensure that the student
871871 19 participating in the scholarship program takes the assessment
872872 20 required by subsection (a) of Section 50 of this Act.
873873 21 (c) Each custodian and each student has an obligation to
874874 22 comply with the technical academy's published policies.
875875 23 (d) The custodian shall authorize the scholarship granting
876876 24 organization to access information needed for income
877877 25 eligibility determinations.
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888888 1 Section 65. Recordkeeping; rulemaking; violations.
889889 2 (a) Each taxpayer shall, for each taxable year for which
890890 3 the tax credit provided for under this Act is claimed,
891891 4 maintain records of the following information: (i)
892892 5 contribution authorization certificates obtained under Section
893893 6 25 of this Act and (ii) certificates of receipt obtained under
894894 7 Section 30 of this Act.
895895 8 (b) The Board and the Department may adopt rules
896896 9 consistent with and necessary for the implementation of this
897897 10 Act.
898898 11 (c) Violations of State laws or rules and complaints
899899 12 relating to program participation shall be referred to the
900900 13 Attorney General.
901901 14 Section 70. Repeal. This Act is repealed on January 1,
902902 15 2038.
903903 16 Section 900. The Illinois Income Tax Act is amended by
904904 17 adding Section 246 as follows:
905905 18 (35 ILCS 5/246 new)
906906 19 Sec. 246. Reinvest in Future Technical Careers Act.
907907 20 (a) For taxable years beginning on or after January 1,
908908 21 2026 and ending before January 1, 2037, each taxpayer for whom
909909 22 a tax credit has been awarded by the Department under the
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