103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4140

 

Introduced , by Rep. Michael T. Marron

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.71  from Ch. 122, par. 2-3.71

    Amends the State Board of Education Article of the School Code. In provisions concerning grants for preschool educational programs, provides that school districts and other eligible entities shall (instead of may) use the State Board of Education's evaluation tools for school readiness for children prior to age 5. Provides that following an evaluation, if a school district or other eligible entity determines that a child does not meet school readiness requirements but is 5 or will turn 5 on or before September 1 of a school year and would otherwise be eligible to attend kindergarten, the child may continue to attend a preschool educational program for no more than one additional school year following the child meeting the kindergarten age requirement. Provides that upon completion of that school year, the child is no longer eligible to attend a preschool educational program. Requires the State Board of Education to establish guidelines and procedures for determining whether or not a child meets school readiness requirements. Effective July 1, 2024.


LRB103 33393 RJT 63205 b

 

 

A BILL FOR

 

HB4140LRB103 33393 RJT 63205 b

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 School Code is amended by changing Section
52-3.71 as follows:
 
6    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
7    Sec. 2-3.71. Grants for preschool educational programs.
8    (a) Preschool program.
9        (1) The State Board of Education shall implement and
10    administer a grant program under the provisions of this
11    subsection which shall consist of grants to public school
12    districts and other eligible entities, as defined by the
13    State Board of Education, to conduct voluntary preschool
14    educational programs for children ages 3 to 5 which
15    include a parent education component. A public school
16    district which receives grants under this subsection may
17    subcontract with other entities that are eligible to
18    conduct a preschool educational program. These grants must
19    be used to supplement, not supplant, funds received from
20    any other source.
21        (2) (Blank).
22        (3) Except as otherwise provided under this subsection
23    (a), any teacher of preschool children in the program

 

 

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1    authorized by this subsection shall hold a Professional
2    Educator License with an early childhood education
3    endorsement.
4        (3.5) Beginning with the 2018-2019 school year and
5    until the 2028-2029 school year, an individual may teach
6    preschool children in an early childhood program under
7    this Section if he or she holds a Professional Educator
8    License with an early childhood education endorsement or
9    with short-term approval for early childhood education or
10    he or she pursues a Professional Educator License and
11    holds any of the following:
12            (A) An ECE Credential Level of 5 awarded by the
13        Department of Human Services under the Gateways to
14        Opportunity Program developed under Section 10-70 of
15        the Department of Human Services Act.
16            (B) An Educator License with Stipulations with a
17        transitional bilingual educator endorsement and he or
18        she has (i) passed an early childhood education
19        content test or (ii) completed no less than 9 semester
20        hours of postsecondary coursework in the area of early
21        childhood education.
22        (4) (Blank).
23        (4.5) The State Board of Education shall provide the
24    primary source of funding through appropriations for the
25    program. Such funds shall be distributed to achieve a goal
26    of "Preschool for All Children" for the benefit of all

 

 

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1    children whose families choose to participate in the
2    program. Based on available appropriations, newly funded
3    programs shall be selected through a process giving first
4    priority to qualified programs serving primarily at-risk
5    children and second priority to qualified programs serving
6    primarily children with a family income of less than 4
7    times the poverty guidelines updated periodically in the
8    Federal Register by the U.S. Department of Health and
9    Human Services under the authority of 42 U.S.C. 9902(2).
10    For purposes of this paragraph (4.5), at-risk children are
11    those who because of their home and community environment
12    are subject to such language, cultural, economic and like
13    disadvantages to cause them to have been determined as a
14    result of screening procedures to be at risk of academic
15    failure. Such screening procedures shall be based on
16    criteria established by the State Board of Education.
17        Except as otherwise provided in this paragraph (4.5),
18    grantees under the program must enter into a memorandum of
19    understanding with the appropriate local Head Start
20    agency. This memorandum must be entered into no later than
21    3 months after the award of a grantee's grant under the
22    program, except that, in the case of the 2009-2010 program
23    year, the memorandum must be entered into no later than
24    the deadline set by the State Board of Education for
25    applications to participate in the program in fiscal year
26    2011, and must address collaboration between the grantee's

 

 

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1    program and the local Head Start agency on certain issues,
2    which shall include without limitation the following:
3            (A) educational activities, curricular objectives,
4        and instruction;
5            (B) public information dissemination and access to
6        programs for families contacting programs;
7            (C) service areas;
8            (D) selection priorities for eligible children to
9        be served by programs;
10            (E) maximizing the impact of federal and State
11        funding to benefit young children;
12            (F) staff training, including opportunities for
13        joint staff training;
14            (G) technical assistance;
15            (H) communication and parent outreach for smooth
16        transitions to kindergarten;
17            (I) provision and use of facilities,
18        transportation, and other program elements;
19            (J) facilitating each program's fulfillment of its
20        statutory and regulatory requirements;
21            (K) improving local planning and collaboration;
22        and
23            (L) providing comprehensive services for the
24        neediest Illinois children and families.
25    If the appropriate local Head Start agency is unable or
26    unwilling to enter into a memorandum of understanding as

 

 

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1    required under this paragraph (4.5), the memorandum of
2    understanding requirement shall not apply and the grantee
3    under the program must notify the State Board of Education
4    in writing of the Head Start agency's inability or
5    unwillingness. The State Board of Education shall compile
6    all such written notices and make them available to the
7    public.
8        (5) The State Board of Education shall develop and
9    provide evaluation tools, including tests, that school
10    districts and other eligible entities shall may use to
11    evaluate children for school readiness prior to age 5. The
12    State Board of Education shall require school districts
13    and other eligible entities to obtain consent from the
14    parents or guardians of children before any evaluations
15    are conducted. Following an evaluation completed under
16    this paragraph (5), if a school district or other eligible
17    entity determines that a child does not meet school
18    readiness requirements but is 5 or will turn 5 on or before
19    September 1 of a school year and would otherwise be
20    eligible to attend kindergarten, the child may continue to
21    attend a preschool educational program for no more than
22    one additional school year following the child meeting the
23    kindergarten age requirement. Upon completion of that
24    school year, the child is no longer eligible to attend a
25    preschool educational program. The State Board of
26    Education shall encourage local school districts and other

 

 

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1    eligible entities to evaluate the population of preschool
2    children in their communities and provide preschool
3    programs, pursuant to this subsection, where appropriate.
4    The State Board of Education shall establish guidelines
5    and procedures for determining whether or not a child
6    meets school readiness requirements under this paragraph
7    (5).
8        (6) The State Board of Education shall report to the
9    General Assembly by November 1, 2018 and every 2 years
10    thereafter on the results and progress of students who
11    were enrolled in preschool educational programs, including
12    an assessment of which programs have been most successful
13    in promoting academic excellence and alleviating academic
14    failure. The State Board of Education shall assess the
15    academic progress of all students who have been enrolled
16    in preschool educational programs.
17        On or before November 1 of each fiscal year in which
18    the General Assembly provides funding for new programs
19    under paragraph (4.5) of this Section, the State Board of
20    Education shall report to the General Assembly on what
21    percentage of new funding was provided to programs serving
22    primarily at-risk children, what percentage of new funding
23    was provided to programs serving primarily children with a
24    family income of less than 4 times the federal poverty
25    level, and what percentage of new funding was provided to
26    other programs.

 

 

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1        (7) Due to evidence that expulsion practices in the
2    preschool years are linked to poor child outcomes and are
3    employed inconsistently across racial and gender groups,
4    early childhood programs receiving State funds under this
5    subsection (a) shall prohibit expulsions. Planned
6    transitions to settings that are able to better meet a
7    child's needs are not considered expulsion under this
8    paragraph (7).
9            (A) When persistent and serious challenging
10        behaviors emerge, the early childhood program shall
11        document steps taken to ensure that the child can
12        participate safely in the program; including
13        observations of initial and ongoing challenging
14        behaviors, strategies for remediation and intervention
15        plans to address the behaviors, and communication with
16        the parent or legal guardian, including participation
17        of the parent or legal guardian in planning and
18        decision-making.
19            (B) The early childhood program shall, with
20        parental or legal guardian consent as required,
21        utilize a range of community resources, if available
22        and deemed necessary, including, but not limited to,
23        developmental screenings, referrals to programs and
24        services administered by a local educational agency or
25        early intervention agency under Parts B and C of the
26        federal Individual with Disabilities Education Act,

 

 

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1        and consultation with infant and early childhood
2        mental health consultants and the child's health care
3        provider. The program shall document attempts to
4        engage these resources, including parent or legal
5        guardian participation and consent attempted and
6        obtained. Communication with the parent or legal
7        guardian shall take place in a culturally and
8        linguistically competent manner.
9            (C) If there is documented evidence that all
10        available interventions and supports recommended by a
11        qualified professional have been exhausted and the
12        program determines in its professional judgment that
13        transitioning a child to another program is necessary
14        for the well-being of the child or his or her peers and
15        staff, with parent or legal guardian permission, both
16        the current and pending programs shall create a
17        transition plan designed to ensure continuity of
18        services and the comprehensive development of the
19        child. Communication with families shall occur in a
20        culturally and linguistically competent manner.
21            (D) Nothing in this paragraph (7) shall preclude a
22        parent's or legal guardian's right to voluntarily
23        withdraw his or her child from an early childhood
24        program. Early childhood programs shall request and
25        keep on file, when received, a written statement from
26        the parent or legal guardian stating the reason for

 

 

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1        his or her decision to withdraw his or her child.
2            (E) In the case of the determination of a serious
3        safety threat to a child or others or in the case of
4        behaviors listed in subsection (d) of Section 10-22.6
5        of this Code, the temporary removal of a child from
6        attendance in group settings may be used. Temporary
7        removal of a child from attendance in a group setting
8        shall trigger the process detailed in subparagraphs
9        (A), (B), and (C) of this paragraph (7), with the child
10        placed back in a group setting as quickly as possible.
11            (F) Early childhood programs may utilize and the
12        State Board of Education, the Department of Human
13        Services, and the Department of Children and Family
14        Services shall recommend training, technical support,
15        and professional development resources to improve the
16        ability of teachers, administrators, program
17        directors, and other staff to promote social-emotional
18        development and behavioral health, to address
19        challenging behaviors, and to understand trauma and
20        trauma-informed care, cultural competence, family
21        engagement with diverse populations, the impact of
22        implicit bias on adult behavior, and the use of
23        reflective practice techniques. Support shall include
24        the availability of resources to contract with infant
25        and early childhood mental health consultants.
26            (G) Beginning on July 1, 2018, early childhood

 

 

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1        programs shall annually report to the State Board of
2        Education, and, beginning in fiscal year 2020, the
3        State Board of Education shall make available on a
4        biennial basis, in an existing report, all of the
5        following data for children from birth to age 5 who are
6        served by the program:
7                (i) Total number served over the course of the
8            program year and the total number of children who
9            left the program during the program year.
10                (ii) Number of planned transitions to another
11            program due to children's behavior, by children's
12            race, gender, disability, language, class/group
13            size, teacher-child ratio, and length of program
14            day.
15                (iii) Number of temporary removals of a child
16            from attendance in group settings due to a serious
17            safety threat under subparagraph (E) of this
18            paragraph (7), by children's race, gender,
19            disability, language, class/group size,
20            teacher-child ratio, and length of program day.
21                (iv) Hours of infant and early childhood
22            mental health consultant contact with program
23            leaders, staff, and families over the program
24            year.
25            (H) Changes to services for children with an
26        individualized education program or individual family

 

 

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1        service plan shall be construed in a manner consistent
2        with the federal Individuals with Disabilities
3        Education Act.
4        The State Board of Education, in consultation with the
5    Governor's Office of Early Childhood Development and the
6    Department of Children and Family Services, shall adopt
7    rules to administer this paragraph (7).
8    (b) (Blank).
9    (c) Notwithstanding any other provisions of this Section,
10grantees may serve children ages 0 to 12 of essential workers
11if the Governor has declared a disaster due to a public health
12emergency pursuant to Section 7 of the Illinois Emergency
13Management Agency Act. For the purposes of this subsection,
14essential workers include those outlined in Executive Order
1520-8 and school employees. The State Board of Education shall
16adopt rules to administer this subsection.
17(Source: P.A. 103-111, eff. 6-29-23.)
 
18    Section 99. Effective date. This Act takes effect July 1,
192024.