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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4140 Introduced , by Rep. Michael T. Marron SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/2-3.71 | from Ch. 122, par. 2-3.71 |
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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.
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| | A BILL FOR |
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| | HB4140 | | LRB103 33393 RJT 63205 b |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Section |
5 | | 2-3.71 as follows:
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6 | | (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
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7 | | Sec. 2-3.71. Grants for preschool educational programs. |
8 | | (a) Preschool program.
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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
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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.
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21 | | (2) (Blank).
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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.
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22 | | (4) (Blank).
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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
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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
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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).
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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.
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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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| | HB4140 | - 7 - | LRB103 33393 RJT 63205 b |
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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).
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9 | | (c) Notwithstanding any other provisions of this Section, |
10 | | grantees may serve children ages 0 to 12 of essential workers |
11 | | if the Governor has declared a disaster due to a public health |
12 | | emergency pursuant to Section 7 of the Illinois Emergency |
13 | | Management Agency Act. For the purposes of this subsection, |
14 | | essential workers include those outlined in Executive Order |
15 | | 20-8 and school employees. The State Board of Education shall |
16 | | adopt rules to administer this subsection. |
17 | | (Source: P.A. 103-111, eff. 6-29-23.)
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18 | | Section 99. Effective date. This Act takes effect July 1, |
19 | | 2024.
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