Public Act 100-0645
 
SB1829 EnrolledLRB100 11349 MLM 21732 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The School Code is amended  by changing Section 
2-3.71 as follows:
 


    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)



    Sec. 2-3.71. Grants for preschool educational  programs.
    (a) Preschool program.

        (1) The State Board of Education shall implement and 
    administer
a grant program under the provisions of this 
    subsection  which shall
consist of grants to public school 
    districts and other eligible entities, as defined by the 
    State Board of Education, to conduct voluntary
preschool

    educational programs for children ages 3 to 5 which include 
    a parent
education component. A public school district 
    which receives grants under
this subsection may 
    subcontract with other entities that are eligible to 
    conduct a preschool educational
program. These grants must 
    be used to supplement, not supplant, funds received from 
    any other source.

        (2) (Blank).

        (3) Except as otherwise provided under this subsection 
    (a), any Any teacher of preschool children in the program 
    authorized by this
subsection shall hold a Professional 
    Educator License with an early childhood education 
    endorsement teaching certificate.
        (3.5) Beginning with the 2018-2019 school year and 
    until the 2023-2024 school year, an individual may teach 
    preschool children in an early childhood program under this 
    Section if he or she holds a Professional Educator License 
    with an early childhood education endorsement or with 
    short-term approval for early childhood education or he or 
    she pursues a Professional Educator License and holds any 
    of the following:
            (A) An ECE Credential Level of 5 awarded by the 
        Department of Human Services under the Gateways to 
        Opportunity Program developed under Section 10-70 of 
        the Department of Human Services Act.
            (B) An Educator License with Stipulations with a 
        transitional bilingual educator endorsement and he or 
        she has (i) passed an early childhood education content 
        test or (ii) completed no less than 9 semester hours of 
        postsecondary coursework in the area of early 
        childhood education. 

        (4) (Blank).

        (4.5)  The State Board of Education shall provide the 
    primary source of
funding through appropriations for the 
    program.
Such funds shall be distributed to achieve a goal 
    of "Preschool for All Children" for the benefit
of all 
    children whose families choose to participate in the 
    program.  Based on available appropriations, newly funded 
    programs shall be selected through a process giving first 
    priority to qualified programs serving primarily at-risk 
    children and second priority to qualified programs serving 
    primarily children with a family income of less than 4 
    times the poverty guidelines updated periodically in the 
    Federal Register by the U.S. Department of Health and Human 
    Services under the authority of 42 U.S.C. 9902(2).  For 
    purposes of this paragraph (4.5), at-risk children are 
    those who because of their home and community environment 
    are subject
to such language, cultural, economic and like 
    disadvantages to cause them to have
been determined as a 
    result of screening procedures to be at risk of
academic 
    failure.  Such screening procedures shall be based on 
    criteria
established by the State Board of Education.
        Except as otherwise provided in this paragraph (4.5), 
    grantees under the program must enter into a memorandum of 
    understanding with the appropriate local Head Start 
    agency.  This memorandum must be entered into no later than 
    3 months after the award of a grantee's grant under the 
    program, except that, in the case of the 2009-2010 program 
    year, the memorandum must be entered into no later than the 
    deadline set by the State Board of Education for 
    applications to participate in the program in fiscal year 
    2011, and must address collaboration between the grantee's 
    program and the local Head Start agency on certain issues, 
    which shall include without limitation the following:
            (A) educational activities, curricular objectives, 
        and instruction;
            (B) public information dissemination and access to 
        programs for families contacting programs;
            (C) service areas;
            (D) selection priorities for eligible children to 
        be served by programs;
            (E) maximizing the impact of federal and State 
        funding to benefit young children;
            (F) staff training, including opportunities for 
        joint staff training;
            (G) technical assistance;
            (H) communication and parent outreach for smooth 
        transitions to kindergarten;
            (I) provision and use of facilities, 
        transportation, and other program elements;
            (J) facilitating each program's fulfillment of its 
        statutory and regulatory requirements;
            (K) improving local planning and collaboration; 
        and
            (L) providing comprehensive services for the 
        neediest Illinois children and families.
    If the appropriate local Head Start agency is unable or 
    unwilling to enter into a memorandum of understanding as 
    required under this paragraph (4.5), the memorandum of 
    understanding requirement shall not apply and the grantee 
    under the program must notify the State Board of Education 
    in writing of the Head Start agency's inability or 
    unwillingness.  The State Board of Education shall compile 
    all such written notices and make them available to the 
    public. 
        (5) The State Board of Education shall develop and 
    provide
 evaluation tools, including tests, that school 
    districts and other eligible entities may use to

evaluate 
    children for school readiness prior to age 5.  The State 
    Board of
Education shall require school districts and other 
    eligible entities
to obtain consent from the parents
or 
    guardians of children before any evaluations are 
    conducted.  The State
Board of Education shall encourage 
    local school districts and other eligible entities to 
    evaluate the
population of preschool children in their 
    communities and provide preschool
programs, pursuant to 
    this subsection, where appropriate.

        (6) The State Board of Education shall report to the 
    General Assembly by November 1, 2018
 and every
2 years 
    thereafter on the results and progress of
students who were 
    enrolled in preschool educational programs, including an

    assessment of which programs have been most successful in 
    promoting
academic excellence and alleviating academic 
    failure.  The State Board of
Education shall assess the 
    academic progress of all students who have been
enrolled in 
    preschool educational programs.

        On or before November 1 of each fiscal year in which 
    the General Assembly provides funding for new programs 
    under paragraph (4.5) of this Section, the State Board of 
    Education shall report to the General Assembly on what 
    percentage of new funding was provided to programs serving 
    primarily at-risk children, what percentage of new funding 
    was provided to programs serving primarily children with a 
    family income of less than 4 times the federal poverty 
    level, and what percentage of new funding was provided to 
    other programs. 
        (7) Due to evidence that expulsion practices in the 
    preschool years are linked to poor child outcomes and are 
    employed inconsistently across racial and gender groups, 
    early childhood programs receiving State funds under this 
    subsection (a) shall prohibit expulsions.  Planned 
    transitions to settings that are able to better meet a 
    child's needs are not considered expulsion under this 
    paragraph (7).
            (A)  When persistent and serious challenging 
        behaviors emerge, the early childhood program shall 
        document steps taken to ensure that the child can 
        participate safely in the program; including 
        observations of initial and ongoing challenging 
        behaviors, strategies for remediation and intervention 
        plans to address the behaviors, and communication with 
        the parent or legal guardian, including participation 
        of the parent or legal guardian in planning and 
        decision-making.
            (B)  The early childhood program shall, with 
        parental or legal guardian consent as required, 
        utilize a range of community resources, if available 
        and deemed necessary, including, but not limited to, 
        developmental screenings, referrals to programs and 
        services administered by a local educational agency  or 
        early intervention agency under Parts B and C of the 
        federal Individual with Disabilities Education Act, 
        and consultation with infant and early childhood 
        mental health consultants and the child's health care 
        provider.  The program shall document attempts to 
        engage these resources, including parent or legal 
        guardian participation and consent attempted and 
        obtained. Communication with the parent or legal 
        guardian shall take place in a culturally and 
        linguistically competent manner.
            (C)  If there is documented evidence that all 
        available interventions and supports recommended by a 
        qualified professional have been exhausted and the 
        program determines in its professional judgment that 
        transitioning a child to another program is necessary 
        for the well-being of the child or his or her peers and 
        staff, with parent or legal  guardian permission, both 
        the current and pending programs shall create a 
        transition plan designed to ensure continuity of 
        services and the comprehensive development of the 
        child. Communication with families shall occur in a 
        culturally and linguistically competent manner.
            (D)  Nothing in this paragraph (7) shall preclude a 
        parent's or legal guardian's right to voluntarily 
        withdraw his or her child from an early childhood 
        program. Early childhood programs shall request and 
        keep on file, when received, a written statement from 
        the parent or legal guardian stating the reason for his 
        or her decision to withdraw his or her child.
            (E) In the case of the determination of a serious 
        safety threat to a child or others or in the case of 
        behaviors listed in subsection (d) of Section 10-22.6 
        of this Code, the temporary removal of a child from 
        attendance in group settings may be used. Temporary 
        removal of a child from attendance in a group setting 
        shall trigger the process detailed in subparagraphs 
        (A), (B), and (C) of this paragraph (7), with the child 
        placed back in a group setting as quickly as possible.
            (F) Early childhood programs may utilize and the 
        State Board of Education, the Department of Human 
        Services, and the Department of Children and Family 
        Services shall recommend training, technical support, 
        and professional development resources to improve the 
        ability of teachers, administrators, program 
        directors, and other staff to promote social-emotional 
        development and behavioral health, to address 
        challenging behaviors, and to understand trauma and 
        trauma-informed care, cultural competence, family 
        engagement with diverse populations, the impact of 
        implicit bias on adult behavior, and the use of 
        reflective practice techniques.  Support shall include 
        the availability of resources to contract with infant 
        and early childhood mental health consultants.
            (G)  Beginning on July 1, 2018, early childhood 
        programs shall annually report to the State Board of 
        Education, and, beginning in fiscal year 2020, the 
        State Board of Education shall make available on a 
        biennial basis, in an existing report, all of the 
        following data for children from birth to age 5 who are 
        served by the program:
                (i) Total number served over the course of the 
            program year and the total number of children who 
            left the program during the program year.
                (ii) Number of planned transitions to another 
            program due to children's behavior, by children's 
            race, gender, disability, language, class/group 
            size, teacher-child ratio, and length of program 
            day.
                (iii) Number of temporary removals of a child 
            from attendance in group settings due to a serious 
            safety threat under subparagraph (E) of this 
            paragraph (7), by children's race, gender, 
            disability, language, class/group size, 
            teacher-child ratio, and length of program day.
                (iv) Hours of infant and early childhood 
            mental health consultant contact with program 
            leaders, staff, and families over the program 
            year.
            (H) Changes to services for children with an 
        individualized education program or individual family 
        service plan shall be construed in a manner consistent 
        with the federal Individuals with Disabilities 
        Education Act.
        The State Board of Education, in consultation with the 
    Governor's Office of Early Childhood Development and the 
    Department of Children and Family Services, shall adopt 
    rules to administer this paragraph (7). 
    (b) (Blank).

(Source: P.A. 100-105, eff. 1-1-18.)

 

    Section 99. Effective date. This Act takes effect July 1, 
2018.