In 2025, Congress passed what’s formally known as the One Big Beautiful Bill Act (OBBA). Within that bill is the Educational Choice for Children provision, a federal tax credit allowing individuals to receive a dollar-for-dollar credit (up to $1,700) on their federal taxes when they donate to state-approved Scholarship Granting Organizations (SGOs). Those SGOs in turn can allocate scholarship funds for qualifying education expenses: tuition, fees, tutoring, special needs services, books, transportation, technology, and more.
The state must opt-in by January 1 of each year (beginning 2027), the state must submit and publish a list of SGOs it approves. Only in states where that opt-in occurs can residents’ donations be routed to benefit children. If Illinois does not opt-in, donations by Illinois taxpayers must go to SGOs in states that opted in, and those funds would benefit students elsewhere.
Eligibility for scholarships is available to students whose family income is up to 300% of the area median income. That opens the door to a very large portion of Illinois households.
Illinois is not starting from zero. For years we had the Invest in Kids Act, a state-level tax-credit scholarship program that, at its peak, served tens of thousands of students. But lawmakers let it expire in 2023.
That expiration left Illinois among a shrinking group of states without any meaningful private-school choice or scholarship program. A recent report describes Illinois as “among the few states to offer no private school choice scholarships” after letting the prior program lapse.
Meanwhile, neighboring states are gaining ground in choice and educational flexibility. Illinois risks falling further behind unless the Governor acts.
Let’s be clear about the consequences:
- If Illinois fails to opt-in, our taxpayers’ donations will skip over Illinois children to benefit kids in opt-in states.
- Illinois children will lack access to new scholarship funds made available as a result of federal law.
- Illinois’ competitiveness in retaining and attracting families may suffer.
HB 4099’s findings cite the 2024 NAEP results: 62% of Illinois 4th graders were below proficient in math, 70% below proficient in reading; likewise large shares of 8th graders lagging.
HB 4099 also highlights that over 40,940 scholarships were awarded under the now-expired Invest in Kids program (per Illinois Department of Revenue). The bill warns that failing to opt-in would place Illinois at a disadvantage relative to states likely to adopt federal choice provisions.
So far, the governor has given signals of opposition or skepticism. In recent comments, Gov. J.B. Pritzker called the federal program a “major setback for students across the nation.”
Now is the time for clarity: Governor Pritzker must decide whether to step in and allow this path of opportunity or to stand aside while other states reap the benefits.
Critics will argue that choice drains resources from public schools or lacks accountability, but the design of HB 4099 and federal law includes built-in guardrails:
- SGOs must spend at least 90% of contributions on scholarships, and limit administrative costs.
- SGOs must verify income eligibility and report annually on recipients.
- The state board has authority to certify SGOs and can set rules for documentation and eligibility.
- Because participation is voluntary and revisited annually, Illinois retains flexibility.
For lawmakers and parent advocates, the path is clear. Push HB 4099, build awareness, and demand the governor to make the opt-in decision. Illinois cannot afford to sit on the sidelines while other states capture resources, innovation, and momentum in education. We have a chance to restore and expand choice.
Governor Pritzker, the question is before you: will Illinois accept this invitation to create more pathways for children, or let families in this state lose this tremendous opportunity to expand educational opportunities?