Illinois 2025-2026 Regular Session

Illinois House Bill HB2822 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2822 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: New Act Creates the Education Savings Account 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 and who is a member of a household whose total annual income does not exceed an amount equal to 2.5 times the income standard used to qualify for a free or reduced-price lunch under the national free or reduced-price lunch program) 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. LRB104 06556 LNS 16592 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2822 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: New Act New Act Creates the Education Savings Account 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 and who is a member of a household whose total annual income does not exceed an amount equal to 2.5 times the income standard used to qualify for a free or reduced-price lunch under the national free or reduced-price lunch program) 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. LRB104 06556 LNS 16592 b LRB104 06556 LNS 16592 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2822 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Education Savings Account 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 and who is a member of a household whose total annual income does not exceed an amount equal to 2.5 times the income standard used to qualify for a free or reduced-price lunch under the national free or reduced-price lunch program) 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
11	11	HB2822LRB104 06556 LNS 16592 b HB2822 LRB104 06556 LNS 16592 b
12	12	HB2822 LRB104 06556 LNS 16592 b
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
17	17	5 Education Savings Account 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 and who is a member of a household
26	26	14 whose total annual income does not exceed an amount equal to
27	27	15 2.5 times the income standard used to qualify for a free or
28	28	16 reduced-price lunch under the national free or reduced-price
29	29	17 lunch program established under 42 U.S.C. 1751 et seq.
30	30	18 "Parent" means a resident of this State who is a parent,
31	31	19 guardian, custodian, or other person with the authority to act
32	32	20 on behalf of the child.
33	33	21 "Participating school" means any private school that
34	34	22 provides education to elementary or secondary students and has
35	35	23 notified the State Board of its intention to participate in
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2822 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
40	40	New Act New Act
41	41	New Act
42	42	Creates the Education Savings Account 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 and who is a member of a household whose total annual income does not exceed an amount equal to 2.5 times the income standard used to qualify for a free or reduced-price lunch under the national free or reduced-price lunch program) 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 the Program and comply with the Program's requirements.
77	77	2 "Private tutoring" means tutoring services provided by
78	78	3 tutors accredited by a regional or national accrediting
79	79	4 organization.
80	80	5 "Program" means the Education Savings Account Program
81	81	6 created in this Act.
82	82	7 "Resident school district" means the public school
83	83	8 district in which the student resides.
84	84	9 "State Board" means the State Board of Education.
85	85	10 Section 10. Basic elements of the Program.
86	86	11 (a) The State Board shall create the Education Savings
87	87	12 Account Program. The Program shall begin with the fall
88	88	13 semester of the 2024-2025 school year.
89	89	14 (b) A parent of an eligible student shall qualify for the
90	90	15 State Board to make a grant to his or her child's Education
91	91	16 Savings Account if the parent signs an agreement promising:
92	92	17 (1) to provide an education for the eligible student
93	93	18 in at least the subjects of reading, grammar, mathematics,
94	94	19 social studies, and science; and
95	95	20 (2) not to enroll their eligible student in a district
96	96	21 or charter school.
97	97	22 (c) The State Board shall deposit into an Education
98	98	23 Savings Account some or all of the State aid under Section
99	99	24 18-8.15 of the School Code that would otherwise have been
100	100	25 provided to the resident school district for the eligible
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111	111	1 student had the student enrolled in the resident school
112	112	2 district, as calculated under subsection (e) of this Section.
113	113	3 (d) Parents participating in the Program shall agree to
114	114	4 use the funds deposited in their eligible students' Education
115	115	5 Savings Accounts for the following qualifying expenses to
116	116	6 educate the eligible student:
117	117	7 (1) Tuition and fees at a participating school.
118	118	8 (2) Textbooks required by a participating school.
119	119	9 (3) Payment to a licensed or accredited tutor.
120	120	10 (4) Payment for the purchase of curriculum.
121	121	11 (5) Tuition or fees for a non-public, online learning
122	122	12 program.
123	123	13 (6) Fees for national, norm-referenced examinations,
124	124	14 Advanced Placement examinations or similar courses, and
125	125	15 any examinations related to college or university
126	126	16 admission.
127	127	17 (7) Contribution to the eligible student's qualified
128	128	18 tuition program established pursuant to 26 U.S.C. 529.
129	129	19 (8) Educational services for pupils with disabilities
130	130	20 from a licensed or accredited practitioner or provider.
131	131	21 (9) Tuition and fees at an eligible postsecondary
132	132	22 institution.
133	133	23 (10) Textbooks required for college or university
134	134	24 courses.
135	135	25 (11) Fees for account management by private financial
136	136	26 management firms approved by the State Board.
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147	147	1 (e) Grant amounts to Education Savings Accounts shall be
148	148	2 calculated according to the following schedule:
149	149	3 (1) For students from households qualifying for the
150	150	4 federal free or reduced-price lunch program, the amount
151	151	5 granted to the student's Education Savings Account shall
152	152	6 be equal to the dollar amount the resident school district
153	153	7 would have received to serve and educate the eligible
154	154	8 student from State aid under Section 18-8.15 of the School
155	155	9 Code had the student enrolled there.
156	156	10 (2) For students from households with an annual income
157	157	11 greater than the amount required to qualify for the
158	158	12 federal free or reduced-price lunch program but less than
159	159	13 1.5 times that amount, the amount granted to the student's
160	160	14 Education Savings Account shall be equal to 75% of the
161	161	15 dollar amount the resident school district would have
162	162	16 received to serve and educate the eligible student from
163	163	17 State aid under Section 18-8.15 of the School Code had the
164	164	18 student enrolled there.
165	165	19 (3) For students from households with an annual income
166	166	20 of greater than 1.5 times the amount required to qualify
167	167	21 for the federal free or reduced-price lunch program but
168	168	22 less than 2 times that amount, the amount granted to the
169	169	23 student's Education Savings Account shall be equal to 50%
170	170	24 of the dollar amount the resident school district would
171	171	25 have received to serve and educate the eligible student
172	172	26 from State aid under Section 18-8.15 of the School Code
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183	183	1 had the student enrolled there.
184	184	2 (4) For students from households with an annual income
185	185	3 of greater than 2 times the amount required to qualify for
186	186	4 the federal free or reduced-price lunch program but less
187	187	5 than 2.5 times that amount, the amount granted to the
188	188	6 student's Education Savings Account shall be equal to 25%
189	189	7 of the dollar amount the resident school district would
190	190	8 have received to serve and educate the eligible student
191	191	9 from State aid under Section 18-8.15 of the School Code
192	192	10 had the student enrolled there.
193	193	11 (f) A participating school, private tutor, eligible
194	194	12 postsecondary institution, or other educational provider may
195	195	13 not refund, rebate, or share a student's grant with the
196	196	14 student's parent or the student in any manner. The funds in an
197	197	15 Education Saving Account may be used only for educational
198	198	16 purposes.
199	199	17 (g) Parents shall be allowed to make payments for the
200	200	18 costs of educational programs and services not covered by the
201	201	19 funds in their accounts.
202	202	20 (h) A participating student shall be counted in the
203	203	21 enrollment figures for his or her resident school district for
204	204	22 the purposes of calculating State aid to the resident school
205	205	23 district under Section 18-8.15 of the School Code. The funds
206	206	24 needed for a grant to an Education Savings Account shall be
207	207	25 subtracted from the State aid payable to the student's
208	208	26 resident school district under Section 18-8.15 of the School
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219	219	1 Code.
220	220	2 Section 15. Administration of the Program.
221	221	3 (a) The State Board shall approve private financial
222	222	4 management firms to manage Education Savings Accounts.
223	223	5 (b) The State Board shall have the authority to conduct or
224	224	6 contract for the auditing of accounts and shall, at a minimum,
225	225	7 conduct random audits of accounts on an annual basis. The
226	226	8 State Board shall have the authority to make any parent of an
227	227	9 eligible student ineligible for the Program in the event of
228	228	10 substantial misuse of the funds in the account.
229	229	11 (c) The State Board shall have the authority to refer
230	230	12 cases of substantial misuse of funds to law enforcement
231	231	13 agencies for investigation if evidence of fraudulent use of an
232	232	14 account is obtained.
233	233	15 (d) The State Board shall provide parents of participating
234	234	16 students with a written explanation of the allowable uses of
235	235	17 Education Savings Accounts, the responsibilities of parents,
236	236	18 and the duties of the State Board.
237	237	19 (e) The State Board may deduct an amount from the grants to
238	238	20 Education Savings Accounts to cover the costs of overseeing
239	239	21 the accounts and administering the program, up to a limit of
240	240	22 3%.
241	241	23 (f) The State Board shall establish reasonable fees for
242	242	24 private financial management firms participating in the
243	243	25 Program based upon market rates.
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254	254	1 (g) The State Board shall make payments to eligible
255	255	2 students' Education Savings Accounts on a quarterly basis.
256	256	3 Section 20. Accountability standards for participating
257	257	4 schools.
258	258	5 (a) To ensure that students are treated fairly and kept
259	259	6 safe, all participating schools shall:
260	260	7 (1) comply with all health and safety laws or codes
261	261	8 that apply to private schools;
262	262	9 (2) hold a valid occupancy permit if required by their
263	263	10 local government;
264	264	11 (3) certify that they comply with the
265	265	12 nondiscrimination policies set forth in 42 U.S.C. 1981;
266	266	13 and
267	267	14 (4) conduct criminal history records checks on
268	268	15 employees. The participating school shall then:
269	269	16 (A) exclude from employment any people not
270	270	17 permitted by State law to work in a private school; and
271	271	18 (B) exclude from employment any people that might
272	272	19 reasonably pose a threat to the safety of students.
273	273	20 (b) To ensure that funds are spent appropriately, all
274	274	21 participating schools shall:
275	275	22 (1) provide parents with a receipt for all qualifying
276	276	23 expenses at the school; and
277	277	24 (2) demonstrate their financial viability by showing
278	278	25 they can repay any funds that might be provided from
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289	289	1 Education Savings Accounts, if they are to receive $50,000
290	290	2 or more during the school year, by:
291	291	3 (A) filing with the State Board, prior to the
292	292	4 start of the school year, a surety bond payable to this
293	293	5 State in an amount equal to the aggregate amount of the
294	294	6 funds from Education Savings Accounts expected to be
295	295	7 paid during the school year from students admitted at
296	296	8 the participating school; or
297	297	9 (B) filing with the State Board, prior to the
298	298	10 start of the school year, financial information that
299	299	11 demonstrates the school has the ability to pay an
300	300	12 aggregate amount equal to the amount of the funds from
301	301	13 Education Savings Accounts expected to be paid during
302	302	14 the school year to students admitted to the
303	303	15 participating school.
304	304	16 (c) In order to allow parents and taxpayers to measure the
305	305	17 achievements of the Program:
306	306	18 (1) parents shall ensure that:
307	307	19 (A) each year their eligible student takes either
308	308	20 State achievement tests or national, norm-referenced
309	309	21 tests that measure learning gains in mathematics and
310	310	22 language arts and provide for value-added assessment;
311	311	23 (B) the results of these tests are provided to the
312	312	24 State Board or an organization chosen by the State
313	313	25 Board on an annual basis;
314	314	26 (C) the student information is reported in a way
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325	325	1 that would allow the State Board to aggregate data by
326	326	2 grade level, gender, family income level, and race;
327	327	3 and
328	328	4 (D) the State Board or an organization chosen by
329	329	5 the State Board will be informed of the eligible
330	330	6 student's graduation from high school; and
331	331	7 (2) the State Board or an organization chosen by the
332	332	8 State Board shall:
333	333	9 (A) ensure compliance with all student privacy
334	334	10 laws;
335	335	11 (B) collect all test results;
336	336	12 (C) provide the test results, associated learning
337	337	13 gains, and graduation rates to the public, via the
338	338	14 State Board's Internet website, after the third year
339	339	15 of test and graduation-related data collection; the
340	340	16 findings shall be aggregated by the students' grade
341	341	17 level, gender, family income level, number of years of
342	342	18 participation in the Program, and race;
343	343	19 (D) provide graduation rates to the public via the
344	344	20 State Board's Internet website after the third year of
345	345	21 test and test-related data collection; and
346	346	22 (E) administer an annual parental satisfaction
347	347	23 survey that shall ask parents of students receiving
348	348	24 Education Savings Accounts to express:
349	349	25 (i) their satisfaction with the Program; and
350	350	26 (ii) their opinions on other topics, items, or
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361	361	1 issues that the State Board finds would elicit
362	362	2 information about the effectiveness of the Program
363	363	3 and the number of years their child has
364	364	4 participated in the Program.
365	365	5 (d) A participating school is autonomous and not an agent
366	366	6 of this State or the federal government, and, therefore:
367	367	7 (1) the State Board or any other State agency may not
368	368	8 in any way regulate the educational program of a
369	369	9 participating school or education provider that accepts
370	370	10 funds from an Education Savings Account;
371	371	11 (2) the creation of the Program does not expand the
372	372	12 regulatory authority of this State, its officers, or any
373	373	13 school district to impose any additional regulation of
374	374	14 private schools or education providers beyond those
375	375	15 necessary to enforce the requirements of the Program; and
376	376	16 (3) participating schools and education providers
377	377	17 shall be given the maximum freedom to provide for the
378	378	18 educational needs of their students without governmental
379	379	19 control.
380	380	20 Section 25. Responsibilities of the State Board.
381	381	21 (a) The State Board shall ensure that eligible students
382	382	22 and their parents are informed annually of which schools will
383	383	23 be participating in the Program. Special attention shall be
384	384	24 paid to ensuring that lower-income families are made aware of
385	385	25 the program and their options.
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396	396	1 (b) The State Board shall create a standard form that
397	397	2 parents of eligible students can submit to establish the
398	398	3 student's eligibility for the Program. The State Board shall
399	399	4 ensure that the application is readily available to interested
400	400	5 families through various sources, including the Internet.
401	401	6 (c) The State Board may bar a participating school or
402	402	7 education provider from the Program if the State Board
403	403	8 establishes that the participating school or education
404	404	9 provider has:
405	405	10 (1) routinely failed to comply with the accountability
406	406	11 standards established in Section 20 of this Act; or
407	407	12 (2) failed to provide the eligible student with the
408	408	13 educational services funded by the Education Savings
409	409	14 Account.
410	410	15 (d) If the State Board decides to bar a participating
411	411	16 school or education provider from the program, the State Board
412	412	17 shall notify eligible students and their parents of this
413	413	18 decision as quickly as possible.
414	414	19 (e) The State Board shall adopt rules and procedures as
415	415	20 necessary for the administration of the Program.
416	416	21 Section 30. Responsibilities of resident school districts.
417	417	22 (a) The resident school district shall provide a
418	418	23 participating school or education provider that has admitted
419	419	24 an eligible student under the Program with a complete copy of
420	420	25 the student's school records, while complying with the federal
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