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Full Text of SB3776
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SB3776 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3776
Introduced 2/5/2026, by Sen. Adriane Johnson
SYNOPSIS AS INTRODUCED:
New Act
Creates the Educational Choice for Children Act. Requires the State
Board of Education to submit to the Secretary of the Treasury of the United
States and publish on the website of the State Board a list of all
scholarship granting organizations that meet the requirements of certain
provisions of the Internal Revenue Code and that are located in the State.
Provides that the State Board may establish rules governing the process
and documentation necessary for an entity to demonstrate that it qualifies
to be included as a scholarship granting organization on the list.
Requires the State Board to comply with all federal regulations pertaining
to the administration of the federal tax credit established under certain
provisions of the Internal Revenue Code to ensure that the State is
eligible to participate in taxable years beginning after December 31,
2026. Provides that qualifying scholarship granting organizations on the
list may provide scholarships for any qualified elementary or secondary
education expense, to the extent allowed under federal law. Provides that
the General Assembly voluntarily elects the State to: (1) participate in
the federal tax credit for individuals who make qualified contributions to
scholarship granting organizations within the State; and (2) identify
scholarship granting organizations located in the State. Effective
immediately.
LRB104 20686 LNS 34185 b
A BILL FOR
SB3776
LRB104 20686 LNS 34185 b
1
AN ACT concerning education.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Educational Choice for Children Act.
6
Section 5.
Legislative intent.
7
(a) This Act is intended to avail elementary and secondary
8
students in this State of the additional funding opportunities
9
recently signed into law offering a federal tax credit of up to
10
$1,700 for individuals that donate to scholarship granting
11
organizations, thereby increasing funding for these
12
organizations to help families pay for their children to
13
attend the elementary or secondary school of their choice.
14
(b) This Act is intended to help students attending public
15
schools in this State, as well as nonpublic schools, to cover
16
all categories of educational expenses under the federal
17
Educational Choice for Children Act of 2025, including fees,
18
tutoring, educational therapies, transportation, technology,
19
and other expenses.
20
(c) This Act is intended to ensure that students in this
21
State are put on the same footing as other states that have
22
similar programs at the state level and with any state that
23
opts into the federal Educational Choice for Children Act of
SB3776
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LRB104 20686 LNS 34185 b
1
2025.
2
(d) This Act is intended to ensure that children in this
3
State are not prohibited from benefiting from scholarship
4
funds available to children in other states at no cost to State
5
taxpayers.
6
Section 10.
Definitions.
7
"Contribution" means a donation made by a taxpayer during
8
the taxable year for providing scholarships as provided in
9
this Act.
10
"Qualified contribution" means a charitable contribution
11
of cash to a scholarship granting organization that uses the
12
contribution to fund scholarships for eligible students, as
13
defined in Section 25f of the Internal Revenue Code, and
14
solely within the State pursuant to subsection (g) of Section
15
25f of the Internal Revenue Code.
16
"Qualified elementary or secondary education expense"
17
means any expense of an eligible student that is described in
18
subparagraph (A) of paragraph (3) of subsection (b) of Section
19
530 of the Internal Revenue Code.
20
"Scholarship granting organization" means an entity
21
meeting the definition of and requirements for a scholarship
22
granting organization under Section 25f of the Internal
23
Revenue Code.
24
"State Board" means the State Board of Education.
SB3776
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LRB104 20686 LNS 34185 b
1
Section 15.
Powers and duties of the State Board.
2
(a) The State Board shall submit to the Secretary of the
3
Treasury of the United States and publish on the website of the
4
State Board a list of all scholarship granting organizations
5
that meet the requirements of Section 25f of the Internal
6
Revenue Code and that are located in this State. As part of the
7
submission, the State Board shall certify its authority to
8
submit the list on behalf of the State and comply with any
9
other requirements of Section 25f of the Internal Revenue
10
Code, its associated regulations, or other applicable guidance
11
issued by the Secretary of the Treasury of the United States.
12
(b) The State Board may establish rules governing the
13
process and documentation necessary for an entity to
14
demonstrate that it qualifies to be included as a scholarship
15
granting organization on the list submitted by the State Board
16
pursuant to subsection (a) and in accordance with Section 25f
17
of the Internal Revenue Code, its associated regulations, or
18
other applicable guidance issued by the Secretary of the
19
Treasury of the United States.
20
(c) The State Board may enter into an agreement with other
21
State agencies, including the Department of Revenue, to meet
22
the requirements of this Section.
23
Section 20.
Compliance with federal regulations.
The State
24
Board shall comply with all federal regulations pertaining to
25
the administration of the federal tax credit established under
SB3776
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LRB104 20686 LNS 34185 b
1
Section 25f of the Internal Revenue Code to ensure that this
2
State is eligible to participate in taxable years beginning
3
after December 31, 2026.
4
Section 25.
Scholarships provided.
In accordance with
5
Section 25f of the Internal Revenue Code and any applicable
6
federal regulations and guidance, qualifying scholarship
7
granting organizations on the list submitted pursuant to
8
subsection (a) of Section 15 may provide scholarships for any
9
qualified elementary or secondary education expense, including
10
nonpublic school expenses, to the extent allowed under federal
11
law.
12
Section 30.
State election for federal tax credit.
13
Pursuant to Section 1 of Article IX of the Illinois
14
Constitution and in accordance with Section 25f of the
15
Internal Revenue Code, the General Assembly voluntarily elects
16
the State to do all of the following:
17
(1) Participate in the federal tax credit established
18
under Section 25f of the Internal Revenue Code for
19
individuals who make qualified contributions to
20
scholarship granting organizations within this State.
21
(2) Identify scholarship granting organizations
22
located in this State.
23
Section 99.
Effective date.
This Act takes effect upon
24
becoming law.
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