101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3540

 

Introduced , by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 40/5

    Amends the Invest in Kids Act. Provides that a "qualified school" must not be controlled by a church or sectarian denomination and must not, in admitting students, discriminate based on socioeconomic factors or engage in unlawful discrimination, as that term is defined in the Illinois Human Rights Act. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Invest in Kids Act is amended by changing
5Section 5 as follows:
 
6    (35 ILCS 40/5)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 5. Definitions. As used in this Act:
9    "Authorized contribution" means the contribution amount
10that is listed on the contribution authorization certificate
11issued to the taxpayer.
12    "Board" means the State Board of Education.
13    "Contribution" means a donation made by the taxpayer during
14the taxable year for providing scholarships as provided in this
15Act.
16    "Custodian" means, with respect to eligible students, an
17Illinois resident who is a parent or legal guardian of the
18eligible student or students.
19    "Department" means the Department of Revenue.
20    "Eligible student" means a child who:
21        (1) is a member of a household whose federal adjusted
22    gross income the year before he or she initially receives a
23    scholarship under this program, as determined by the

 

 

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1    Department, does not exceed 300% of the federal poverty
2    level and, once the child receives a scholarship, does not
3    exceed 400% of the federal poverty level;
4        (2) is eligible to attend a public elementary school or
5    high school in Illinois in the semester immediately
6    preceding the semester for which he or she first receives a
7    scholarship or is starting school in Illinois for the first
8    time when he or she first receives a scholarship; and
9        (3) resides in Illinois while receiving a scholarship.
10    "Family member" means a parent, child, or sibling, whether
11by whole blood, half blood, or adoption; spouse; or stepchild.
12    "Focus district" means a school district which has a school
13that is either (i) a school that has one or more subgroups in
14which the average student performance is at or below the State
15average for the lowest 10% of student performance in that
16subgroup or (ii) a school with an average graduation rate of
17less than 60% and not identified for priority.
18    "Necessary costs and fees" includes the customary charge
19for instruction and use of facilities in general and the
20additional fixed fees charged for specified purposes that are
21required generally of non-scholarship recipients for each
22academic period for which the scholarship applicant actually
23enrolls, including costs associated with student assessments,
24but does not include fees payable only once and other
25contingent deposits that are refundable in whole or in part.
26The Board may prescribe, by rules consistent with this Act,

 

 

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1detailed provisions concerning the computation of necessary
2costs and fees.
3    "Scholarship granting organization" means an entity that:
4        (1) is exempt from taxation under Section 501(c)(3) of
5    the Internal Revenue Code;
6        (2) uses at least 95% of the qualified contributions
7    received during a taxable year for scholarships;
8        (3) provides scholarships to students according to the
9    guidelines of this Act;
10        (4) deposits and holds qualified contributions and any
11    income derived from qualified contributions in an account
12    that is separate from the organization's operating fund or
13    other funds until such qualified contributions or income
14    are withdrawn for use; and
15        (5) is approved to issue certificates of receipt.
16    "Qualified contribution" means the authorized contribution
17made by a taxpayer to a scholarship granting organization for
18which the taxpayer has received a certificate of receipt from
19such organization.
20    "Qualified school" means a non-public school (i) that is
21located in Illinois and recognized by the Board pursuant to
22Section 2-3.25o of the School Code, (ii) that is not controlled
23by a church or sectarian denomination, and (iii) that, in
24admitting students, does not discriminate based on
25socioeconomic factors or engage in unlawful discrimination, as
26that term is defined in the Illinois Human Rights Act.

 

 

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1    "Scholarship" means an educational scholarship awarded to
2an eligible student to attend a qualified school of their
3custodians' choice in an amount not exceeding the necessary
4costs and fees to attend that school.
5    "Taxpayer" means any individual, corporation, partnership,
6trust, or other entity subject to the Illinois income tax. For
7the purposes of this Act, 2 individuals filing a joint return
8shall be considered one taxpayer.
9(Source: P.A. 100-465, eff. 8-31-17.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.