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1 | AN ACT concerning education. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | ARTICLE 1. GENERAL PROVISIONS | ||||||
5 | Section 1-1. Short title. This Act may be cited as the | ||||||
6 | Department of Early Childhood Act. | ||||||
7 | Section 1-5. Findings. The General Assembly finds that: | ||||||
8 | (1) There are over 875,000 children under the age of 5 in | ||||||
9 | Illinois, nearly half of whom are under the age of 3. At birth, | ||||||
10 | a baby's brain is 25% the size of an adult's brain. Yet, an | ||||||
11 | infant's brain has roughly 86 billion neurons, almost all the | ||||||
12 | neurons the human brain will ever have. | ||||||
13 | (2) From 3 to 15 months, neuron connections form at a rate | ||||||
14 | of 40,000 per second. By age 3, synaptic connections have | ||||||
15 | grown to 100 trillion. Ages 3 to 5 are critical years to build | ||||||
16 | executive function skills like focusing attention, remembering | ||||||
17 | instructions, and demonstrating self-control. Without these | ||||||
18 | skills, children are not fully equipped to learn when they | ||||||
19 | enter kindergarten. By age 5, 90% of brain development is | ||||||
20 | complete. | ||||||
21 | (3) Prenatal programs improve the regular care of birthing | ||||||
22 | parents, reduce the risk of infant low birth weight and |
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1 | mortality, and increase regular child wellness visits, | ||||||
2 | screenings, and immunizations. | ||||||
3 | (4) Early childhood education and care not only improve | ||||||
4 | school readiness and literacy, but also improve cognitive | ||||||
5 | development for future success in life, school, and the | ||||||
6 | workforce. | ||||||
7 | (5) Research shows that for every dollar invested in | ||||||
8 | high-quality early childhood education and care, society gains | ||||||
9 | over $7 in economic returns in the long-term. | ||||||
10 | (6) Supporting children means supporting their parents and | ||||||
11 | families. The early childhood education and care industry is | ||||||
12 | the workforce behind all other workforces. High-quality child | ||||||
13 | care enables parents and families to consistently work and | ||||||
14 | earn an income to support their children. Research also shows | ||||||
15 | that early childhood education and care programs can reduce | ||||||
16 | parental stress and improve family well-being. | ||||||
17 | (7) Investing in early childhood education and care is in | ||||||
18 | the interest of all residents and will make Illinois the best | ||||||
19 | state in the nation to raise young children. | ||||||
20 | Section 1-10. Purpose. It is the purpose of this Act to | ||||||
21 | provide for the creation of the Department of Early Childhood | ||||||
22 | and to transfer to it certain rights, powers, duties, and | ||||||
23 | functions currently exercised by various agencies of State | ||||||
24 | Government. The Department of Early Childhood shall be the | ||||||
25 | lead State agency for administering and providing early |
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1 | childhood education and care programs and services to children | ||||||
2 | and families. This Act centralizes home-visiting services, | ||||||
3 | early intervention services, preschool services, child care | ||||||
4 | services, licensing for day care centers, day care homes, and | ||||||
5 | group day care homes, and other early childhood education and | ||||||
6 | care programs and administrative functions historically | ||||||
7 | managed by the Illinois State Board of Education, the Illinois | ||||||
8 | Department of Human Services, and the Illinois Department of | ||||||
9 | Children and Family Services. Centralizing early childhood | ||||||
10 | functions into a single State agency is intended to simplify | ||||||
11 | the process for parents and caregivers to identify and enroll | ||||||
12 | children in early childhood services, to create new, | ||||||
13 | equity-driven statewide systems, to streamline administrative | ||||||
14 | functions for providers, and to improve kindergarten readiness | ||||||
15 | for children. | ||||||
16 | Section 1-11. Rights; privileges; protections. | ||||||
17 | Notwithstanding any provision of law to the contrary, any | ||||||
18 | rights, privileges, or protections afforded to students in | ||||||
19 | early childhood education and care programs, including | ||||||
20 | undocumented students, under the School Code or any other | ||||||
21 | provision of law shall not terminate upon the effective date | ||||||
22 | of this Act. | ||||||
23 | Section 1-15. Definitions. As used in this Act, unless the | ||||||
24 | context otherwise requires: |
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1 | "Department" means the Department of Early Childhood. | ||||||
2 | "Secretary" means the Secretary of Early Childhood. | ||||||
3 | "Transferring agency" means the Department of Human | ||||||
4 | Services, Department of Children and Family Services, and the | ||||||
5 | State Board of Education. | ||||||
6 | Section 1-20. Department; Secretary; organization. | ||||||
7 | (a) The Department of Early Childhood is created and shall | ||||||
8 | begin operation on July 1, 2024. | ||||||
9 | (b) The head officer of the Department is the Secretary. | ||||||
10 | The Secretary shall be appointed by the Governor, with the | ||||||
11 | advice and consent of the Senate. The initial term of the | ||||||
12 | Secretary shall run from the date of appointment until January | ||||||
13 | 18, 2027, and until a successor has been appointed and | ||||||
14 | qualified. Thereafter, the Secretary's term shall be as | ||||||
15 | provided in Section 5-610 of the Civil Administrative Code of | ||||||
16 | Illinois. The Department may employ or retain other persons to | ||||||
17 | assist in the discharge of its functions, subject to the | ||||||
18 | Personnel Code. | ||||||
19 | (c) The Governor may, with the advice and consent of the | ||||||
20 | Senate, appoint an appropriate number of persons to serve as | ||||||
21 | Assistant Secretaries to head the major programmatic divisions | ||||||
22 | of the Department. Assistant Secretaries shall not be subject | ||||||
23 | to the Personnel Code. | ||||||
24 | (d) The Secretary shall create divisions and | ||||||
25 | administrative units within the Department and shall assign |
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1 | functions, powers, duties, and personnel as may now or in the | ||||||
2 | future be required by State or federal law. The Secretary may | ||||||
3 | create other divisions and administrative units and may assign | ||||||
4 | other functions, powers, duties, and personnel as may be | ||||||
5 | necessary or desirable to carry out the functions and | ||||||
6 | responsibilities vested by law in the Department. | ||||||
7 | Section 1-30. General powers and duties. | ||||||
8 | (a) The Department shall exercise the rights, powers, | ||||||
9 | duties, and functions provided by law, including, but not | ||||||
10 | limited to, the rights, powers, duties, and functions | ||||||
11 | transferred to the Department. | ||||||
12 | (b) The Department may employ personnel (in accordance | ||||||
13 | with the Personnel Code and any applicable collective | ||||||
14 | bargaining agreements), provide facilities, contract for goods | ||||||
15 | and services, and adopt rules as necessary to carry out its | ||||||
16 | functions and purposes, all in accordance with applicable | ||||||
17 | State and federal law. | ||||||
18 | The Department may establish such subdivisions of the | ||||||
19 | Department as shall be desirable and assign to the various | ||||||
20 | subdivisions the responsibilities and duties placed upon the | ||||||
21 | Department by the Laws of the State of Illinois. | ||||||
22 | The Department shall adopt, as necessary, rules for the | ||||||
23 | execution of its powers. The provisions of the Illinois | ||||||
24 | Administrative Procedure Act are hereby expressly adopted and | ||||||
25 | shall apply to all administrative rules and procedures of the |
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1 | Department under this Act, except that Section 5-35 of the | ||||||
2 | Illinois Administrative Procedure Act relating to procedures | ||||||
3 | for rulemaking does not apply to the adoption of any rule | ||||||
4 | required by federal law in connection with which the | ||||||
5 | Department is precluded by law from exercising any discretion. | ||||||
6 | (c) Procurements necessary for the Department of Early | ||||||
7 | Childhood to implement this Act are subject to the Illinois | ||||||
8 | Procurement Code, except as otherwise provided in paragraph | ||||||
9 | (25) of subsection (b) of Section 1-10 of that Code. The | ||||||
10 | Department of Early Childhood is subject to the Business | ||||||
11 | Enterprise for Minorities, Women, and Persons with | ||||||
12 | Disabilities Act. | ||||||
13 | Section 1-35. Advisory body. By July 1, 2026, the | ||||||
14 | Department shall create or designate an advisory body to | ||||||
15 | counsel the Department on an ongoing basis, ensuring the | ||||||
16 | Department functions with transparency, operates with a | ||||||
17 | commitment to centering racial equity and to meaningful | ||||||
18 | inclusion of parent, early childhood service provider, and | ||||||
19 | other public stakeholder engagement, feedback, and counsel, | ||||||
20 | including the creation of committees or working groups, and | ||||||
21 | devotes appropriate attention to data collection and timely | ||||||
22 | public reporting. This advisory body's membership shall | ||||||
23 | include representation from both public and private | ||||||
24 | organizations, and its membership shall reflect the regional, | ||||||
25 | racial, socioeconomic, and cultural diversity of the State to |
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1 | ensure representation of the needs of all Illinois children | ||||||
2 | and families. | ||||||
3 | ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION | ||||||
4 | SERVICES | ||||||
5 | Section 10-5. Transition planning. Beginning July 1, 2024, | ||||||
6 | the Department of Early Childhood and the Department of Human | ||||||
7 | Services shall collaborate and plan for the transition of | ||||||
8 | administrative responsibilities as prescribed in the Early | ||||||
9 | Intervention Services System Act. | ||||||
10 | Section 10-10. Legislative findings and policy. | ||||||
11 | (a) The General Assembly finds that there is an urgent and | ||||||
12 | substantial need to: | ||||||
13 | (1) enhance the development of all eligible infants | ||||||
14 | and toddlers in the State of Illinois in order to minimize | ||||||
15 | developmental delay and maximize individual potential for | ||||||
16 | adult independence; | ||||||
17 | (2) enhance the capacity of families to meet the | ||||||
18 | special needs of eligible infants and toddlers including | ||||||
19 | the purchase of services when necessary; | ||||||
20 | (3) reduce educational costs by minimizing the need | ||||||
21 | for special education and related services when eligible | ||||||
22 | infants and toddlers reach school age; | ||||||
23 | (4) enhance the independence, productivity and |
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1 | integration with age-appropriate peers of eligible | ||||||
2 | children and their families; | ||||||
3 | (5) reduce social services costs and minimize the need | ||||||
4 | for institutionalization; and | ||||||
5 | (6) prevent secondary impairments and disabilities by | ||||||
6 | improving the health of infants and toddlers, thereby | ||||||
7 | reducing health costs for the families and the State. | ||||||
8 | (b) The General Assembly therefore intends that the | ||||||
9 | policy of this State shall be to: | ||||||
10 | (1) affirm the importance of the family in all areas | ||||||
11 | of the child's development and reinforce the role of the | ||||||
12 | family as a participant in the decision-making processes | ||||||
13 | regarding their child; | ||||||
14 | (2) provide assistance and support to eligible infants | ||||||
15 | and toddlers and their families to address the individual | ||||||
16 | concerns and decisions of each family; | ||||||
17 | (3) develop and implement, on a statewide basis, | ||||||
18 | locally based comprehensive, coordinated, | ||||||
19 | interdisciplinary, interagency early intervention | ||||||
20 | services for all eligible infants and toddlers; | ||||||
21 | (4) enhance the local communities' capacity to provide | ||||||
22 | an array of quality early intervention services; | ||||||
23 | (5) identify and coordinate all available resources | ||||||
24 | for early intervention within the State including those | ||||||
25 | from federal, State, local and private sources; | ||||||
26 | (6) provide financial and technical assistance to |
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1 | local communities for the purposes of coordinating early | ||||||
2 | intervention services in local communities and enhancing | ||||||
3 | the communities' capacity to provide individualized early | ||||||
4 | intervention services to all eligible infants and toddlers | ||||||
5 | in their homes or in community environments; and | ||||||
6 | (7) affirm that eligible infants and toddlers have a | ||||||
7 | right to receive early intervention services to the | ||||||
8 | maximum extent appropriate, in natural environments in | ||||||
9 | which infants and toddlers without disabilities would | ||||||
10 | participate. | ||||||
11 | (c) The General Assembly further finds that early | ||||||
12 | intervention services are cost-effective and effectively serve | ||||||
13 | the developmental needs of eligible infants and toddlers and | ||||||
14 | their families. Therefore, the purpose of this Act is to | ||||||
15 | provide a comprehensive, coordinated, interagency, | ||||||
16 | interdisciplinary early intervention services system for | ||||||
17 | eligible infants and toddlers and their families by enhancing | ||||||
18 | the capacity to provide quality early intervention services, | ||||||
19 | expanding and improving existing services, and facilitating | ||||||
20 | coordination of payments for early intervention services from | ||||||
21 | various public and private sources. | ||||||
22 | Section 10-15. Definitions. As used in this Act: | ||||||
23 | (a) "Eligible infants and toddlers" means infants and | ||||||
24 | toddlers under 36 months of age with any of the following | ||||||
25 | conditions: |
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1 | (1) Developmental delays. | ||||||
2 | (2) A physical or mental condition which typically | ||||||
3 | results in developmental delay. | ||||||
4 | (3) Being at risk of having substantial developmental | ||||||
5 | delays based on informed clinical opinion. | ||||||
6 | (4) Either (A) having entered the program under any of | ||||||
7 | the circumstances listed in paragraphs (1) through (3) of | ||||||
8 | this subsection but no longer meeting the current | ||||||
9 | eligibility criteria under those paragraphs, and | ||||||
10 | continuing to have any measurable delay, or (B) not having | ||||||
11 | attained a level of development in each area, including | ||||||
12 | (i) cognitive, (ii) physical (including vision and | ||||||
13 | hearing), (iii) language, speech, and communication, (iv) | ||||||
14 | social or emotional, or (v) adaptive, that is at least at | ||||||
15 | the mean of the child's age equivalent peers; and, in | ||||||
16 | addition to either item (A) or item (B), (C) having been | ||||||
17 | determined by the multidisciplinary individualized family | ||||||
18 | service plan team to require the continuation of early | ||||||
19 | intervention services in order to support continuing | ||||||
20 | developmental progress, pursuant to the child's needs and | ||||||
21 | provided in an appropriate developmental manner. The type, | ||||||
22 | frequency, and intensity of services shall differ from the | ||||||
23 | initial individualized family services plan because of the | ||||||
24 | child's developmental progress, and may consist of only | ||||||
25 | service coordination, evaluation, and assessments. | ||||||
26 | "Eligible infants and toddlers" includes any child under |
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1 | the age of 3 who is the subject of a substantiated case of | ||||||
2 | child abuse or neglect as defined in the federal Child Abuse | ||||||
3 | Prevention and Treatment Act. | ||||||
4 | (b) "Developmental delay" means a delay in one or more of | ||||||
5 | the following areas of childhood development as measured by | ||||||
6 | appropriate diagnostic instruments and standard procedures: | ||||||
7 | cognitive; physical, including vision and hearing; language, | ||||||
8 | speech and communication; social or emotional; or adaptive. | ||||||
9 | The term means a delay of 30% or more below the mean in | ||||||
10 | function in one or more of those areas. | ||||||
11 | (c) "Physical or mental condition which typically results | ||||||
12 | in developmental delay" means: | ||||||
13 | (1) a diagnosed medical disorder or exposure to a | ||||||
14 | toxic substance bearing a relatively well known expectancy | ||||||
15 | for developmental outcomes within varying ranges of | ||||||
16 | developmental disabilities; or | ||||||
17 | (2) a history of prenatal, perinatal, neonatal or | ||||||
18 | early developmental events suggestive of biological | ||||||
19 | insults to the developing central nervous system and which | ||||||
20 | either singly or collectively increase the probability of | ||||||
21 | developing a disability or delay based on a medical | ||||||
22 | history. | ||||||
23 | (d) "Informed clinical opinion" means both clinical | ||||||
24 | observations and parental participation to determine | ||||||
25 | eligibility by a consensus of a multidisciplinary team of 2 or | ||||||
26 | more members based on their professional experience and |
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1 | expertise. | ||||||
2 | (e) "Early intervention services" means services which: | ||||||
3 | (1) are designed to meet the developmental needs of | ||||||
4 | each child eligible under this Act and the needs of his or | ||||||
5 | her family; | ||||||
6 | (2) are selected in collaboration with the child's | ||||||
7 | family; | ||||||
8 | (3) are provided under public supervision; | ||||||
9 | (4) are provided at no cost except where a schedule of | ||||||
10 | sliding scale fees or other system of payments by families | ||||||
11 | has been adopted in accordance with State and federal law; | ||||||
12 | (5) are designed to meet an infant's or toddler's | ||||||
13 | developmental needs in any of the following areas: | ||||||
14 | (A) physical development, including vision and | ||||||
15 | hearing, | ||||||
16 | (B) cognitive development, | ||||||
17 | (C) communication development, | ||||||
18 | (D) social or emotional development, or | ||||||
19 | (E) adaptive development; | ||||||
20 | (6) meet the standards of the State, including the | ||||||
21 | requirements of this Act; | ||||||
22 | (7) include one or more of the following: | ||||||
23 | (A) family training, | ||||||
24 | (B) social work services, including counseling, | ||||||
25 | and home visits, | ||||||
26 | (C) special instruction, |
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1 | (D) speech, language pathology and audiology, | ||||||
2 | (E) occupational therapy, | ||||||
3 | (F) physical therapy, | ||||||
4 | (G) psychological services, | ||||||
5 | (H) service coordination services, | ||||||
6 | (I) medical services only for diagnostic or | ||||||
7 | evaluation purposes, | ||||||
8 | (J) early identification, screening, and | ||||||
9 | assessment services, | ||||||
10 | (K) health services specified by the lead agency | ||||||
11 | as necessary to enable the infant or toddler to | ||||||
12 | benefit from the other early intervention services, | ||||||
13 | (L) vision services, | ||||||
14 | (M) transportation, | ||||||
15 | (N) assistive technology devices and services, | ||||||
16 | (O) nursing services, | ||||||
17 | (P) nutrition services, and | ||||||
18 | (Q) sign language and cued language services; | ||||||
19 | (8) are provided by qualified personnel, including but | ||||||
20 | not limited to: | ||||||
21 | (A) child development specialists or special | ||||||
22 | educators, including teachers of children with hearing | ||||||
23 | impairments (including deafness) and teachers of | ||||||
24 | children with vision impairments (including | ||||||
25 | blindness), | ||||||
26 | (B) speech and language pathologists and |
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1 | audiologists, | ||||||
2 | (C) occupational therapists, | ||||||
3 | (D) physical therapists, | ||||||
4 | (E) social workers, | ||||||
5 | (F) nurses, | ||||||
6 | (G) dietitian nutritionists, | ||||||
7 | (H) vision specialists, including ophthalmologists | ||||||
8 | and optometrists, | ||||||
9 | (I) psychologists, and | ||||||
10 | (J) physicians; | ||||||
11 | (9) are provided in conformity with an Individualized | ||||||
12 | Family Service Plan; | ||||||
13 | (10) are provided throughout the year; and | ||||||
14 | (11) are provided in natural environments, to the | ||||||
15 | maximum extent appropriate, which may include the home and | ||||||
16 | community settings, unless justification is provided | ||||||
17 | consistent with federal regulations adopted under Sections | ||||||
18 | 1431 through 1444 of Title 20 of the United States Code. | ||||||
19 | (f) "Individualized Family Service Plan" or "Plan" means a | ||||||
20 | written plan for providing early intervention services to a | ||||||
21 | child eligible under this Act and the child's family, as set | ||||||
22 | forth in Section 10-65. | ||||||
23 | (g) "Local interagency agreement" means an agreement | ||||||
24 | entered into by local community and State and regional | ||||||
25 | agencies receiving early intervention funds directly from the | ||||||
26 | State and made in accordance with State interagency agreements |
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1 | providing for the delivery of early intervention services | ||||||
2 | within a local community area. | ||||||
3 | (h) "Council" means the Illinois Interagency Council on | ||||||
4 | Early Intervention established under Section 10-30. | ||||||
5 | (i) "Lead agency" means the State agency responsible for | ||||||
6 | administering this Act and receiving and disbursing public | ||||||
7 | funds received in accordance with State and federal law and | ||||||
8 | rules. | ||||||
9 | (i-5) "Central billing office" means the central billing | ||||||
10 | office created by the lead agency under Section 10-75. | ||||||
11 | (j) "Child find" means a service which identifies eligible | ||||||
12 | infants and toddlers. | ||||||
13 | (k) "Regional intake entity" means the lead agency's | ||||||
14 | designated entity responsible for implementation of the Early | ||||||
15 | Intervention Services System within its designated geographic | ||||||
16 | area. | ||||||
17 | (l) "Early intervention provider" means an individual who | ||||||
18 | is qualified, as defined by the lead agency, to provide one or | ||||||
19 | more types of early intervention services, and who has | ||||||
20 | enrolled as a provider in the early intervention program. | ||||||
21 | (m) "Fully credentialed early intervention provider" means | ||||||
22 | an individual who has met the standards in the State | ||||||
23 | applicable to the relevant profession, and has met such other | ||||||
24 | qualifications as the lead agency has determined are suitable | ||||||
25 | for personnel providing early intervention services, including | ||||||
26 | pediatric experience, education, and continuing education. The |
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1 | lead agency shall establish these qualifications by rule filed | ||||||
2 | no later than 180 days after the effective date of this Act. | ||||||
3 | (n) "Telehealth" has the meaning given to that term in | ||||||
4 | Section 5 of the Telehealth Act. | ||||||
5 | (o) "Department" means Department of Early Childhood | ||||||
6 | unless otherwise specified. | ||||||
7 | Section 10-25. Services delivered by telehealth. An early | ||||||
8 | intervention provider may deliver via telehealth any type of | ||||||
9 | early intervention service outlined in subsection (e) of | ||||||
10 | Section 10-15 to the extent of the early intervention | ||||||
11 | provider's scope of practice as established in the provider's | ||||||
12 | respective licensing Act consistent with the standards of care | ||||||
13 | for in-person services. This Section shall not be construed to | ||||||
14 | alter the scope of practice of any early intervention provider | ||||||
15 | or authorize the delivery of early intervention services in a | ||||||
16 | setting or in a manner not otherwise authorized by the laws of | ||||||
17 | this State. | ||||||
18 | Section 10-30. Illinois Interagency Council on Early | ||||||
19 | Intervention. | ||||||
20 | (a) There is established the Illinois Interagency Council | ||||||
21 | on Early Intervention. The Council shall be composed of at | ||||||
22 | least 20 but not more than 30 members. The members of the | ||||||
23 | Council and the designated chairperson of the Council shall be | ||||||
24 | appointed by the Governor. The Council member representing the |
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1 | lead agency may not serve as chairperson of the Council. On and | ||||||
2 | after July 1, 2026, the Council shall be composed of the | ||||||
3 | following members: | ||||||
4 | (1) The Secretary of Early Childhood (or the Secretary's | ||||||
5 | designee) and 2 additional representatives of the Department | ||||||
6 | of Early Childhood designated by the Secretary, plus the | ||||||
7 | Directors (or their designees) of the following State agencies | ||||||
8 | involved in the provision of or payment for early intervention | ||||||
9 | services to eligible infants and toddlers and their families: | ||||||
10 | (A) Department of Insurance; and | ||||||
11 | (B) Department of Healthcare and Family Services. | ||||||
12 | (2) Other members as follows: | ||||||
13 | (A) At least 20% of the members of the Council shall be | ||||||
14 | parents, including minority parents, of infants or | ||||||
15 | toddlers with disabilities or children with disabilities | ||||||
16 | aged 12 or younger, with knowledge of, or experience with, | ||||||
17 | programs for infants and toddlers with disabilities. At | ||||||
18 | least one such member shall be a parent of an infant or | ||||||
19 | toddler with a disability or a child with a disability | ||||||
20 | aged 6 or younger; | ||||||
21 | (B) At least 20% of the members of the Council shall be | ||||||
22 | public or private providers of early intervention | ||||||
23 | services; | ||||||
24 | (C) One member shall be a representative of the | ||||||
25 | General Assembly; | ||||||
26 | (D) One member shall be involved in the preparation of |
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1 | professional personnel to serve infants and toddlers | ||||||
2 | similar to those eligible for services under this Act; | ||||||
3 | (E) Two members shall be from advocacy organizations | ||||||
4 | with expertise in improving health, development, and | ||||||
5 | educational outcomes for infants and toddlers with | ||||||
6 | disabilities; | ||||||
7 | (F) One member shall be a Child and Family Connections | ||||||
8 | manager from a rural district; | ||||||
9 | (G) One member shall be a Child and Family Connections | ||||||
10 | manager from an urban district; | ||||||
11 | (H) One member shall be the co-chair of the Illinois | ||||||
12 | Early Learning Council (or their designee); and | ||||||
13 | (I) Members representing the following agencies or | ||||||
14 | entities: the Department of Human Services; the State | ||||||
15 | Board of Education; the Department of Public Health; the | ||||||
16 | Department of Children and Family Services; the University | ||||||
17 | of Illinois Division of Specialized Care for Children; the | ||||||
18 | Illinois Council on Developmental Disabilities; Head Start | ||||||
19 | or Early Head Start; and the Department of Human Services' | ||||||
20 | Division of Mental Health. A member may represent one or | ||||||
21 | more of the listed agencies or entities. | ||||||
22 | The Council shall meet at least quarterly and in such | ||||||
23 | places as it deems necessary. The Council shall be a | ||||||
24 | continuation of the Council that was created under Section 4 | ||||||
25 | of the Early Intervention Services System Act and that is | ||||||
26 | repealed on July 1, 2026 by Section 20.1 of the Early |
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1 | Intervention Services System Act. Members serving on June 30, | ||||||
2 | 2026 who have served more than 2 consecutive terms shall | ||||||
3 | continue to serve on the Council on and after July 1, 2026. | ||||||
4 | Once appointed, members shall continue to serve until their | ||||||
5 | successors are appointed. Successors appointed under paragraph | ||||||
6 | (2) shall serve 3-year terms. No member shall be appointed to | ||||||
7 | serve more than 2 consecutive terms. | ||||||
8 | Council members shall serve without compensation but shall | ||||||
9 | be reimbursed for reasonable costs incurred in the performance | ||||||
10 | of their duties, including costs related to child care, and | ||||||
11 | parents may be paid a stipend in accordance with applicable | ||||||
12 | requirements. | ||||||
13 | The Council shall prepare and approve a budget using funds | ||||||
14 | appropriated for the purpose to hire staff, and obtain the | ||||||
15 | services of such professional, technical, and clerical | ||||||
16 | personnel as may be necessary to carry out its functions under | ||||||
17 | this Act. This funding support and staff shall be directed by | ||||||
18 | the lead agency. | ||||||
19 | (b) The Council shall: | ||||||
20 | (1) advise and assist the lead agency in the | ||||||
21 | performance of its responsibilities including but not | ||||||
22 | limited to the identification of sources of fiscal and | ||||||
23 | other support services for early intervention programs, | ||||||
24 | and the promotion of interagency agreements which assign | ||||||
25 | financial responsibility to the appropriate agencies; | ||||||
26 | (2) advise and assist the lead agency in the |
| |||||||
| |||||||
1 | preparation of applications and amendments to | ||||||
2 | applications; | ||||||
3 | (3) review and advise on relevant rules and standards | ||||||
4 | proposed by the related State agencies; | ||||||
5 | (4) advise and assist the lead agency in the | ||||||
6 | development, implementation and evaluation of the | ||||||
7 | comprehensive early intervention services system; | ||||||
8 | (4.5) coordinate and collaborate with State | ||||||
9 | interagency early learning initiatives, as appropriate; | ||||||
10 | and | ||||||
11 | (5) prepare and submit an annual report to the | ||||||
12 | Governor and to the General Assembly on the status of | ||||||
13 | early intervention programs for eligible infants and | ||||||
14 | toddlers and their families in Illinois. The annual report | ||||||
15 | shall include (i) the estimated number of eligible infants | ||||||
16 | and toddlers in this State, (ii) the number of eligible | ||||||
17 | infants and toddlers who have received services under this | ||||||
18 | Act and the cost of providing those services, and (iii) | ||||||
19 | the estimated cost of providing services under this Act to | ||||||
20 | all eligible infants and toddlers in this State. The | ||||||
21 | report shall be posted by the lead agency on the early | ||||||
22 | intervention website as required under paragraph (f) of | ||||||
23 | Section 10-35 of this Act. | ||||||
24 | No member of the Council shall cast a vote on or | ||||||
25 | participate substantially in any matter which would provide a | ||||||
26 | direct financial benefit to that member or otherwise give the |
| |||||||
| |||||||
1 | appearance of a conflict of interest under State law. All | ||||||
2 | provisions and reporting requirements of the Illinois | ||||||
3 | Governmental Ethics Act shall apply to Council members. | ||||||
4 | Section 10-35. Lead agency. Through June 30, 2026, the | ||||||
5 | Department of Human Services is designated the lead agency and | ||||||
6 | shall provide leadership in establishing and implementing the | ||||||
7 | coordinated, comprehensive, interagency and interdisciplinary | ||||||
8 | system of early intervention services. On and after July 1, | ||||||
9 | 2026, the Department of Early Childhood is designated the lead | ||||||
10 | agency and shall provide leadership in establishing and | ||||||
11 | implementing the coordinated, comprehensive, interagency and | ||||||
12 | interdisciplinary system of early intervention services. The | ||||||
13 | lead agency shall not have the sole responsibility for | ||||||
14 | providing these services. Each participating State agency | ||||||
15 | shall continue to coordinate those early intervention services | ||||||
16 | relating to health, social service and education provided | ||||||
17 | under this authority. | ||||||
18 | The lead agency is responsible for carrying out the | ||||||
19 | following: | ||||||
20 | (a) The general administration, supervision, and | ||||||
21 | monitoring of programs and activities receiving assistance | ||||||
22 | under Section 673 of the Individuals with Disabilities | ||||||
23 | Education Act (20 United States Code 1473). | ||||||
24 | (b) The identification and coordination of all | ||||||
25 | available resources within the State from federal, State, |
| |||||||
| |||||||
1 | local and private sources. | ||||||
2 | (c) The development of procedures to ensure that | ||||||
3 | services are provided to eligible infants and toddlers and | ||||||
4 | their families in a timely manner pending the resolution | ||||||
5 | of any disputes among public agencies or service | ||||||
6 | providers. | ||||||
7 | (d) The resolution of intra-agency and interagency | ||||||
8 | regulatory and procedural disputes. | ||||||
9 | (e) The development and implementation of formal | ||||||
10 | interagency agreements, and the entry into such | ||||||
11 | agreements, between the lead agency and (i) the Department | ||||||
12 | of Healthcare and Family Services, (ii) the University of | ||||||
13 | Illinois Division of Specialized Care for Children, and | ||||||
14 | (iii) other relevant State agencies that: | ||||||
15 | (1) define the financial responsibility of each | ||||||
16 | agency for paying for early intervention services | ||||||
17 | (consistent with existing State and federal law and | ||||||
18 | rules, including the requirement that early | ||||||
19 | intervention funds be used as the payor of last | ||||||
20 | resort), a hierarchical order of payment as among the | ||||||
21 | agencies for early intervention services that are | ||||||
22 | covered under or may be paid by programs in other | ||||||
23 | agencies, and procedures for direct billing, | ||||||
24 | collecting reimbursements for payments made, and | ||||||
25 | resolving service and payment disputes; and | ||||||
26 | (2) include all additional components necessary to |
| |||||||
| |||||||
1 | ensure meaningful cooperation and coordination. By | ||||||
2 | January 31, 2027, interagency agreements under this | ||||||
3 | paragraph (e) must be reviewed and revised to | ||||||
4 | implement the purposes of this Act. | ||||||
5 | (f) The maintenance of an early intervention website. | ||||||
6 | The lead agency shall post and keep posted on this website | ||||||
7 | the following: (i) the current annual report required | ||||||
8 | under subdivision (b)(5) of Section 10-30 of this Act, and | ||||||
9 | the annual reports of the prior 3 years, (ii) the most | ||||||
10 | recent Illinois application for funds prepared under | ||||||
11 | Section 637 of the Individuals with Disabilities Education | ||||||
12 | Act filed with the United States Department of Education, | ||||||
13 | (iii) proposed modifications of the application prepared | ||||||
14 | for public comment, (iv) notice of Council meetings, | ||||||
15 | Council agendas, and minutes of its proceedings for at | ||||||
16 | least the previous year, (v) proposed and final early | ||||||
17 | intervention rules, and (vi) all reports created for | ||||||
18 | dissemination to the public that are related to the early | ||||||
19 | intervention program, including reports prepared at the | ||||||
20 | request of the Council and the General Assembly. Each such | ||||||
21 | document shall be posted on the website within 3 working | ||||||
22 | days after the document's completion. | ||||||
23 | (g) Before adopting any new policy or procedure | ||||||
24 | (including any revisions to an existing policy or | ||||||
25 | procedure) needed to comply with Part C of the Individuals | ||||||
26 | with Disabilities Education Act, the lead agency must hold |
| |||||||
| |||||||
1 | public hearings on the new policy or procedure, provide | ||||||
2 | notice of the hearings at least 30 days before the | ||||||
3 | hearings are conducted to enable public participation, and | ||||||
4 | provide an opportunity for the general public, including | ||||||
5 | individuals with disabilities and parents of infants and | ||||||
6 | toddlers with disabilities, early intervention providers, | ||||||
7 | and members of the Council to comment for at least 30 days | ||||||
8 | on the new policy or procedure needed to comply with Part C | ||||||
9 | of the Individuals with Disabilities Education Act and | ||||||
10 | with 34 CFR Part 300 and Part 303. | ||||||
11 | Section 10-40. Local structure and interagency councils. | ||||||
12 | The lead agency, in conjunction with the Council and as | ||||||
13 | defined by administrative rule, shall define local service | ||||||
14 | areas and define the geographic boundaries of each so that all | ||||||
15 | areas of the State are included in a local service area but no | ||||||
16 | area of the State is included in more than one service area. In | ||||||
17 | each local service area, the lead agency shall designate a | ||||||
18 | regional entity responsible for the assessment of eligibility | ||||||
19 | and services and a local interagency council responsible for | ||||||
20 | coordination and design of child find and public awareness. | ||||||
21 | The regional entity shall be responsible for staffing the | ||||||
22 | local council, carrying out child find and public awareness | ||||||
23 | activities, and providing advocacy for eligible families | ||||||
24 | within the given geographic area. The regional entity is the | ||||||
25 | prime contractor responsible to the lead agency for |
| |||||||
| |||||||
1 | implementation of this Act. | ||||||
2 | The lead agency, in conjunction with the Council, shall | ||||||
3 | create local interagency councils. Members of each local | ||||||
4 | interagency council shall include, but not be limited to, the | ||||||
5 | following: parents; representatives from coordination and | ||||||
6 | advocacy service providers; local education agencies; other | ||||||
7 | local public and private service providers; representatives | ||||||
8 | from State agencies at the local level; and others deemed | ||||||
9 | necessary by the local council. | ||||||
10 | Local interagency councils shall: | ||||||
11 | (a) assist in the development of collaborative | ||||||
12 | agreements between local service providers, diagnostic and | ||||||
13 | other agencies providing additional services to the child | ||||||
14 | and family; | ||||||
15 | (b) assist in conducting local needs assessments and | ||||||
16 | planning efforts; | ||||||
17 | (c) identify and resolve local access issues; | ||||||
18 | (d) conduct collaborative child find activities; | ||||||
19 | (e) coordinate public awareness initiatives; | ||||||
20 | (f) coordinate local planning and evaluation; | ||||||
21 | (g) assist in the recruitment of specialty personnel; | ||||||
22 | (h) develop plans for facilitating transition and | ||||||
23 | integration of eligible children and families into the | ||||||
24 | community; | ||||||
25 | (i) facilitate conflict resolution at the local level; | ||||||
26 | and |
| |||||||
| |||||||
1 | (j) report annually to the Council. | ||||||
2 | Section 10-45. Essential components of the statewide | ||||||
3 | service system. As required by federal laws and regulations, a | ||||||
4 | statewide system of coordinated, comprehensive, interagency | ||||||
5 | and interdisciplinary programs shall be established and | ||||||
6 | maintained. The framework of the statewide system shall be | ||||||
7 | based on the components set forth in this Section. This | ||||||
8 | framework shall be used for planning, implementation, | ||||||
9 | coordination and evaluation of the statewide system of locally | ||||||
10 | based early intervention services. | ||||||
11 | The statewide system shall include, at a minimum: | ||||||
12 | (a) a definition of the term "developmentally | ||||||
13 | delayed", in accordance with the definition in Section | ||||||
14 | 10-15, that will be used in Illinois in carrying out | ||||||
15 | programs under this Act; | ||||||
16 | (b) timetables for ensuring that appropriate early | ||||||
17 | intervention services, based on scientifically based | ||||||
18 | research, to the extent practicable, will be available to | ||||||
19 | all eligible infants and toddlers in this State after the | ||||||
20 | effective date of this Act; | ||||||
21 | (c) a timely, comprehensive, multidisciplinary | ||||||
22 | evaluation of each potentially eligible infant and toddler | ||||||
23 | in this State, unless the child meets the definition of | ||||||
24 | eligibility based upon his or her medical and other | ||||||
25 | records; for a child determined eligible, a |
| |||||||
| |||||||
1 | multidisciplinary assessment of the unique strengths and | ||||||
2 | needs of that infant or toddler and the identification of | ||||||
3 | services appropriate to meet those needs and a | ||||||
4 | family-directed assessment of the resources, priorities, | ||||||
5 | and concerns of the family and the identification of | ||||||
6 | supports and services necessary to enhance the family's | ||||||
7 | capacity to meet the developmental needs of that infant or | ||||||
8 | toddler; | ||||||
9 | (d) for each eligible infant and toddler, an | ||||||
10 | Individualized Family Service Plan, including service | ||||||
11 | coordination (case management) services; | ||||||
12 | (e) a comprehensive child find system, consistent with | ||||||
13 | Part B of the Individuals with Disabilities Education Act | ||||||
14 | (20 United States Code 1411 through 1420 and as set forth | ||||||
15 | in 34 CFR 300.115), which includes timelines and provides | ||||||
16 | for participation by primary referral sources; | ||||||
17 | (f) a public awareness program focusing on early | ||||||
18 | identification of eligible infants and toddlers; | ||||||
19 | (g) a central directory which includes public and | ||||||
20 | private early intervention services, resources, and | ||||||
21 | experts available in this State, professional and other | ||||||
22 | groups (including parent support groups and training and | ||||||
23 | information centers) that provide assistance to infants | ||||||
24 | and toddlers with disabilities who are eligible for early | ||||||
25 | intervention programs assisted under Part C of the | ||||||
26 | Individuals with Disabilities Education Act and their |
| |||||||
| |||||||
1 | families, and research and demonstration projects being | ||||||
2 | conducted in this State relating to infants and toddlers | ||||||
3 | with disabilities; | ||||||
4 | (h) a comprehensive system of personnel development; | ||||||
5 | (i) a policy pertaining to the contracting or making | ||||||
6 | of other arrangements with public and private service | ||||||
7 | providers to provide early intervention services in this | ||||||
8 | State, consistent with the provisions of this Act, | ||||||
9 | including the contents of the application used and the | ||||||
10 | conditions of the contract or other arrangements; | ||||||
11 | (j) a procedure for securing timely reimbursement of | ||||||
12 | funds; | ||||||
13 | (k) procedural safeguards with respect to programs | ||||||
14 | under this Act; | ||||||
15 | (l) policies and procedures relating to the | ||||||
16 | establishment and maintenance of standards to ensure that | ||||||
17 | personnel necessary to carry out this Act are | ||||||
18 | appropriately and adequately prepared and trained; | ||||||
19 | (m) a system of evaluation of, and compliance with, | ||||||
20 | program standards; | ||||||
21 | (n) a system for compiling data on the numbers of | ||||||
22 | eligible infants and toddlers and their families in this | ||||||
23 | State in need of appropriate early intervention services; | ||||||
24 | the numbers served; the types of services provided; and | ||||||
25 | other information required by the State or federal | ||||||
26 | government; and |
| |||||||
| |||||||
1 | (o) a single line of responsibility in a lead agency | ||||||
2 | designated by the Governor to carry out its | ||||||
3 | responsibilities as required by this Act. | ||||||
4 | In addition to these required components, linkages may be | ||||||
5 | established within a local community area among the prenatal | ||||||
6 | initiatives affording services to high risk pregnant women. | ||||||
7 | Additional linkages among at risk programs and local literacy | ||||||
8 | programs may also be established. | ||||||
9 | On and after July 1, 2026, the Department of Early | ||||||
10 | Childhood shall continue implementation of the 5-fiscal-year | ||||||
11 | implementation plan that was created by the Department of | ||||||
12 | Human Services with the concurrence of the Interagency Council | ||||||
13 | on Early Intervention. The plan shall list specific activities | ||||||
14 | to be accomplished each year, with cost estimates for each | ||||||
15 | activity. The lead agency shall, with the concurrence of the | ||||||
16 | Interagency Council, submit to the Governor's Office a report | ||||||
17 | on accomplishments of the previous year and a revised list of | ||||||
18 | activities for the remainder of the 5-fiscal-year plan, with | ||||||
19 | cost estimates for each. The Governor shall certify that | ||||||
20 | specific activities in the plan for the previous year have | ||||||
21 | been substantially completed before authorizing relevant State | ||||||
22 | or local agencies to implement activities listed in the | ||||||
23 | revised plan that depend substantially upon completion of one | ||||||
24 | or more of the earlier activities. | ||||||
25 | Section 10-50. Authority to adopt rules. The lead agency |
| |||||||
| |||||||
1 | shall adopt rules under this Act. These rules shall reflect | ||||||
2 | the intent of federal regulations adopted under Part C of the | ||||||
3 | Individuals with Disabilities Education Improvement Act of | ||||||
4 | 2004 (Sections 1431 through 1444 of Title 20 of the United | ||||||
5 | States Code). | ||||||
6 | Section 10-55. Role of other State entities. The | ||||||
7 | Departments of Public Health, Early Childhood, Human Services, | ||||||
8 | Children and Family Services, and Healthcare and Family | ||||||
9 | Services; the University of Illinois Division of Specialized | ||||||
10 | Care for Children; the State Board of Education; and any other | ||||||
11 | State agency which directly or indirectly provides or | ||||||
12 | administers early intervention services shall adopt compatible | ||||||
13 | rules for the provision of services to eligible infants and | ||||||
14 | toddlers and their families by July 1, 2026. | ||||||
15 | These agencies shall enter into and maintain formal | ||||||
16 | interagency agreements to enable the State and local agencies | ||||||
17 | serving eligible children and their families to establish | ||||||
18 | working relationships that will increase the efficiency and | ||||||
19 | effectiveness of their early intervention services. The | ||||||
20 | agreements shall outline the administrative, program and | ||||||
21 | financial responsibilities of the relevant State agencies and | ||||||
22 | shall implement a coordinated service delivery system through | ||||||
23 | local interagency agreements. | ||||||
24 | There shall be created in the Office of the Governor an | ||||||
25 | Early Childhood Intervention Ombudsman to assist families and |
| |||||||
| |||||||
1 | local parties in ensuring that all State agencies serving | ||||||
2 | eligible families do so in a comprehensive and collaborative | ||||||
3 | manner. The Governor shall appoint the Ombudsman, which shall | ||||||
4 | be a continuation of the position that was created under | ||||||
5 | Section 9 of the Early Intervention Services System Act and | ||||||
6 | that is repealed on July 1, 2026 by Section 20.1 of the Early | ||||||
7 | Intervention Services System Act. | ||||||
8 | Section 10-60. Standards. The Council and the lead agency, | ||||||
9 | with assistance from parents and providers, shall develop and | ||||||
10 | promulgate policies and procedures relating to the | ||||||
11 | establishment and implementation of program and personnel | ||||||
12 | standards to ensure that services provided are consistent with | ||||||
13 | any State-approved or recognized certification, licensing, | ||||||
14 | registration, or other comparable requirements which apply to | ||||||
15 | the area of early intervention program service standards. Only | ||||||
16 | State-approved public or private early intervention service | ||||||
17 | providers shall be eligible to receive State and federal | ||||||
18 | funding for early intervention services. All early childhood | ||||||
19 | intervention staff shall hold the highest entry requirement | ||||||
20 | necessary for that position. | ||||||
21 | To be a State-approved early intervention service | ||||||
22 | provider, an individual (i) shall not have served or | ||||||
23 | completed, within the preceding 5 years, a sentence for | ||||||
24 | conviction of any felony that the lead agency establishes by | ||||||
25 | rule and (ii) shall not have been indicated as a perpetrator of |
| |||||||
| |||||||
1 | child abuse or neglect, within the preceding 5 years, in an | ||||||
2 | investigation by Illinois (pursuant to the Abused and | ||||||
3 | Neglected Child Reporting Act) or another state. The Lead | ||||||
4 | Agency is authorized to receive criminal background checks for | ||||||
5 | such providers and persons applying to be such a provider and | ||||||
6 | to receive child abuse and neglect reports regarding indicated | ||||||
7 | perpetrators who are applying to provide or currently | ||||||
8 | authorized to provide early intervention services in Illinois. | ||||||
9 | Beginning January 1, 2004, every provider of State-approved | ||||||
10 | early intervention services and every applicant to provide | ||||||
11 | such services must authorize, in writing and in the form | ||||||
12 | required by the lead agency, a State and FBI criminal | ||||||
13 | background check, as requested by the Department, and check of | ||||||
14 | child abuse and neglect reports regarding the provider or | ||||||
15 | applicant as a condition of authorization to provide early | ||||||
16 | intervention services. The lead agency shall use the results | ||||||
17 | of the checks only to determine State approval of the early | ||||||
18 | intervention service provider and shall not re-release the | ||||||
19 | information except as necessary to accomplish that purpose. | ||||||
20 | Section 10-65. Individualized Family Service Plans. | ||||||
21 | (a) Each eligible infant or toddler and that infant's or | ||||||
22 | toddler's family shall receive: | ||||||
23 | (1) timely, comprehensive, multidisciplinary | ||||||
24 | assessment of the unique strengths and needs of each | ||||||
25 | eligible infant and toddler, and assessment of the |
| |||||||
| |||||||
1 | concerns and priorities of the families to appropriately | ||||||
2 | assist them in meeting their needs and identify supports | ||||||
3 | and services to meet those needs; and | ||||||
4 | (2) a written Individualized Family Service Plan | ||||||
5 | developed by a multidisciplinary team which includes the | ||||||
6 | parent or guardian. The individualized family service plan | ||||||
7 | shall be based on the multidisciplinary team's assessment | ||||||
8 | of the resources, priorities, and concerns of the family | ||||||
9 | and its identification of the supports and services | ||||||
10 | necessary to enhance the family's capacity to meet the | ||||||
11 | developmental needs of the infant or toddler, and shall | ||||||
12 | include the identification of services appropriate to meet | ||||||
13 | those needs, including the frequency, intensity, and | ||||||
14 | method of delivering services. During and as part of the | ||||||
15 | initial development of the individualized family services | ||||||
16 | plan, and any periodic reviews of the plan, the | ||||||
17 | multidisciplinary team may seek consultation from the lead | ||||||
18 | agency's designated experts, if any, to help determine | ||||||
19 | appropriate services and the frequency and intensity of | ||||||
20 | those services. All services in the individualized family | ||||||
21 | services plan must be justified by the multidisciplinary | ||||||
22 | assessment of the unique strengths and needs of the infant | ||||||
23 | or toddler and must be appropriate to meet those needs. At | ||||||
24 | the periodic reviews, the team shall determine whether | ||||||
25 | modification or revision of the outcomes or services is | ||||||
26 | necessary. |
| |||||||
| |||||||
1 | (b) The Individualized Family Service Plan shall be | ||||||
2 | evaluated once a year and the family shall be provided a review | ||||||
3 | of the Plan at 6-month intervals or more often where | ||||||
4 | appropriate based on infant or toddler and family needs. The | ||||||
5 | lead agency shall create a quality review process regarding | ||||||
6 | Individualized Family Service Plan development and changes | ||||||
7 | thereto, to monitor and help ensure that resources are being | ||||||
8 | used to provide appropriate early intervention services. | ||||||
9 | (c) The initial evaluation and initial assessment and | ||||||
10 | initial Plan meeting must be held within 45 days after the | ||||||
11 | initial contact with the early intervention services system. | ||||||
12 | The 45-day timeline does not apply for any period when the | ||||||
13 | child or parent is unavailable to complete the initial | ||||||
14 | evaluation, the initial assessments of the child and family, | ||||||
15 | or the initial Plan meeting, due to exceptional family | ||||||
16 | circumstances that are documented in the child's early | ||||||
17 | intervention records, or when the parent has not provided | ||||||
18 | consent for the initial evaluation or the initial assessment | ||||||
19 | of the child despite documented, repeated attempts to obtain | ||||||
20 | parental consent. As soon as exceptional family circumstances | ||||||
21 | no longer exist or parental consent has been obtained, the | ||||||
22 | initial evaluation, the initial assessment, and the initial | ||||||
23 | Plan meeting must be completed as soon as possible. With | ||||||
24 | parental consent, early intervention services may commence | ||||||
25 | before the completion of the comprehensive assessment and | ||||||
26 | development of the Plan. All early intervention services shall |
| |||||||
| |||||||
1 | be initiated as soon as possible but not later than 30 calendar | ||||||
2 | days after the consent of the parent or guardian has been | ||||||
3 | obtained for the individualized family service plan, in | ||||||
4 | accordance with rules adopted by the lead agency. | ||||||
5 | (d) Parents must be informed that early intervention | ||||||
6 | services shall be provided to each eligible infant and | ||||||
7 | toddler, to the maximum extent appropriate, in the natural | ||||||
8 | environment, which may include the home or other community | ||||||
9 | settings. Parents must also be informed of the availability of | ||||||
10 | early intervention services provided through telehealth | ||||||
11 | services. Parents shall make the final decision to accept or | ||||||
12 | decline early intervention services, including whether | ||||||
13 | accepted services are delivered in person or via telehealth | ||||||
14 | services. A decision to decline such services shall not be a | ||||||
15 | basis for administrative determination of parental fitness, or | ||||||
16 | other findings or sanctions against the parents. Parameters of | ||||||
17 | the Plan shall be set forth in rules. | ||||||
18 | (e) The regional intake offices shall explain to each | ||||||
19 | family, orally and in writing, all of the following: | ||||||
20 | (1) That the early intervention program will pay for | ||||||
21 | all early intervention services set forth in the | ||||||
22 | individualized family service plan that are not covered or | ||||||
23 | paid under the family's public or private insurance plan | ||||||
24 | or policy and not eligible for payment through any other | ||||||
25 | third party payor. | ||||||
26 | (2) That services will not be delayed due to any rules |
| |||||||
| |||||||
1 | or restrictions under the family's insurance plan or | ||||||
2 | policy. | ||||||
3 | (3) That the family may request, with appropriate | ||||||
4 | documentation supporting the request, a determination of | ||||||
5 | an exemption from private insurance use under Section | ||||||
6 | 10-100. | ||||||
7 | (4) That responsibility for co-payments or | ||||||
8 | co-insurance under a family's private insurance plan or | ||||||
9 | policy will be transferred to the lead agency's central | ||||||
10 | billing office. | ||||||
11 | (5) That families will be responsible for payments of | ||||||
12 | family fees, which will be based on a sliding scale | ||||||
13 | according to the State's definition of ability to pay | ||||||
14 | which is comparing household size and income to the | ||||||
15 | sliding scale and considering out-of-pocket medical or | ||||||
16 | disaster expenses, and that these fees are payable to the | ||||||
17 | central billing office. Families who fail to provide | ||||||
18 | income information shall be charged the maximum amount on | ||||||
19 | the sliding scale. | ||||||
20 | (f) The individualized family service plan must state | ||||||
21 | whether the family has private insurance coverage and, if the | ||||||
22 | family has such coverage, must have attached to it a copy of | ||||||
23 | the family's insurance identification card or otherwise | ||||||
24 | include all of the following information: | ||||||
25 | (1) The name, address, and telephone number of the | ||||||
26 | insurance carrier. |
| |||||||
| |||||||
1 | (2) The contract number and policy number of the | ||||||
2 | insurance plan. | ||||||
3 | (3) The name, address, and social security number of | ||||||
4 | the primary insured. | ||||||
5 | (4) The beginning date of the insurance benefit year. | ||||||
6 | (g) A copy of the individualized family service plan must | ||||||
7 | be provided to each enrolled provider who is providing early | ||||||
8 | intervention services to the child who is the subject of that | ||||||
9 | plan. | ||||||
10 | (h) Children receiving services under this Act shall | ||||||
11 | receive a smooth and effective transition by their third | ||||||
12 | birthday consistent with federal regulations adopted pursuant | ||||||
13 | to Sections 1431 through 1444 of Title 20 of the United States | ||||||
14 | Code. Beginning January 1, 2022, children who receive early | ||||||
15 | intervention services prior to their third birthday and are | ||||||
16 | found eligible for an individualized education program under | ||||||
17 | the Individuals with Disabilities Education Act, 20 U.S.C. | ||||||
18 | 1414(d)(1)(A), and under Section 14-8.02 of the School Code | ||||||
19 | and whose birthday falls between May 1 and August 31 may | ||||||
20 | continue to receive early intervention services until the | ||||||
21 | beginning of the school year following their third birthday in | ||||||
22 | order to minimize gaps in services, ensure better continuity | ||||||
23 | of care, and align practices for the enrollment of preschool | ||||||
24 | children with special needs to the enrollment practices of | ||||||
25 | typically developing preschool children. |
| |||||||
| |||||||
1 | Section 10-70. Procedural safeguards. The lead agency | ||||||
2 | shall adopt procedural safeguards that meet federal | ||||||
3 | requirements and ensure effective implementation of the | ||||||
4 | safeguards for families by each public agency involved in the | ||||||
5 | provision of early intervention services under this Act. | ||||||
6 | The procedural safeguards shall provide, at a minimum, the | ||||||
7 | following: | ||||||
8 | (a) The timely administrative resolution of State | ||||||
9 | complaints, due process hearings, and mediations as defined by | ||||||
10 | administrative rule. | ||||||
11 | (b) The right to confidentiality of personally | ||||||
12 | identifiable information. | ||||||
13 | (c) The opportunity for parents and a guardian to examine | ||||||
14 | and receive copies of records relating to evaluations and | ||||||
15 | assessments, screening, eligibility determinations, and the | ||||||
16 | development and implementation of the Individualized Family | ||||||
17 | Service Plan provision of early intervention services, | ||||||
18 | individual complaints involving the child, or any part of the | ||||||
19 | child's early intervention record. | ||||||
20 | (d) Procedures to protect the rights of the eligible | ||||||
21 | infant or toddler whenever the parents or guardians of the | ||||||
22 | child are not known or unavailable or the child is a youth in | ||||||
23 | care as defined in Section 4d of the Children and Family | ||||||
24 | Services Act, including the assignment of an individual (who | ||||||
25 | shall not be an employee of the State agency or local agency | ||||||
26 | providing services) to act as a surrogate for the parents or |
| |||||||
| |||||||
1 | guardian. The regional intake entity must make reasonable | ||||||
2 | efforts to ensure the assignment of a surrogate parent not | ||||||
3 | more than 30 days after a public agency determines that the | ||||||
4 | child needs a surrogate parent. | ||||||
5 | (e) Timely written prior notice to the parents or guardian | ||||||
6 | of the eligible infant or toddler whenever the State agency or | ||||||
7 | public or private service provider proposes to initiate or | ||||||
8 | change or refuses to initiate or change the identification, | ||||||
9 | evaluation, placement, or the provision of appropriate early | ||||||
10 | intervention services to the eligible infant or toddler. | ||||||
11 | (f) Written prior notice to fully inform the parents or | ||||||
12 | guardians, in their native language or mode of communication | ||||||
13 | used by the parent, unless clearly not feasible to do so, in a | ||||||
14 | comprehensible manner, of these procedural safeguards. | ||||||
15 | (g) During the pendency of any State complaint procedure, | ||||||
16 | due process hearing, or mediation involving a complaint, | ||||||
17 | unless the State agency and the parents or guardian otherwise | ||||||
18 | agree, the child shall continue to receive the appropriate | ||||||
19 | early intervention services currently being provided, or in | ||||||
20 | the case of an application for initial services, the child | ||||||
21 | shall receive the services not in dispute. | ||||||
22 | Section 10-75. Funding and fiscal responsibility. | ||||||
23 | (a) The lead agency and every other participating State | ||||||
24 | agency may receive and expend funds appropriated by the | ||||||
25 | General Assembly to implement the early intervention services |
| |||||||
| |||||||
1 | system as required by this Act. | ||||||
2 | (b) The lead agency and each participating State agency | ||||||
3 | shall identify and report on an annual basis to the Council the | ||||||
4 | State agency funds used for the provision of early | ||||||
5 | intervention services to eligible infants and toddlers. | ||||||
6 | (c) Funds provided under Section 633 of the Individuals | ||||||
7 | with Disabilities Education Act (20 United States Code 1433) | ||||||
8 | and State funds designated or appropriated for early | ||||||
9 | intervention services or programs may not be used to satisfy a | ||||||
10 | financial commitment for services which would have been paid | ||||||
11 | for from another public or private source but for the | ||||||
12 | enactment of this Act, except whenever considered necessary to | ||||||
13 | prevent delay in receiving appropriate early intervention | ||||||
14 | services by the eligible infant or toddler or family in a | ||||||
15 | timely manner. "Public or private source" includes public and | ||||||
16 | private insurance coverage. | ||||||
17 | Funds provided under Section 633 of the Individuals with | ||||||
18 | Disabilities Education Act and State funds designated or | ||||||
19 | appropriated for early intervention services or programs may | ||||||
20 | be used by the lead agency to pay the provider of services (A) | ||||||
21 | pending reimbursement from the appropriate State agency or (B) | ||||||
22 | if (i) the claim for payment is denied in whole or in part by a | ||||||
23 | public or private source, or would be denied under the written | ||||||
24 | terms of the public program or plan or private plan, or (ii) | ||||||
25 | use of private insurance for the service has been exempted | ||||||
26 | under Section 10-100. Payment under item (B)(i) may be made |
| |||||||
| |||||||
1 | based on a pre-determination telephone inquiry supported by | ||||||
2 | written documentation of the denial supplied thereafter by the | ||||||
3 | insurance carrier. | ||||||
4 | (d) Nothing in this Act shall be construed to permit the | ||||||
5 | State to reduce medical or other assistance available or to | ||||||
6 | alter eligibility under Title V and Title XIX of the Social | ||||||
7 | Security Act relating to the Maternal Child Health Program and | ||||||
8 | Medicaid for eligible infants and toddlers in this State. | ||||||
9 | (e) The lead agency shall create a central billing office | ||||||
10 | to receive and dispense all relevant State and federal | ||||||
11 | resources, as well as local government or independent | ||||||
12 | resources available, for early intervention services. This | ||||||
13 | office shall assure that maximum federal resources are | ||||||
14 | utilized and that providers receive funds with minimal | ||||||
15 | duplications or interagency reporting and with consolidated | ||||||
16 | audit procedures. | ||||||
17 | (f) The lead agency shall, by rule, create a system of | ||||||
18 | payments by families, including a schedule of fees. No fees, | ||||||
19 | however, may be charged for implementing child find, | ||||||
20 | evaluation and assessment, service coordination, | ||||||
21 | administrative and coordination activities related to the | ||||||
22 | development, review, and evaluation of Individualized Family | ||||||
23 | Service Plans, or the implementation of procedural safeguards | ||||||
24 | and other administrative components of the statewide early | ||||||
25 | intervention system. | ||||||
26 | The system of payments, called family fees, shall be |
| |||||||
| |||||||
1 | structured on a sliding scale based on the family's ability to | ||||||
2 | pay. The family's coverage or lack of coverage under a public | ||||||
3 | or private insurance plan or policy shall not be a factor in | ||||||
4 | determining the amount of the family fees. | ||||||
5 | Each family's fee obligation shall be established | ||||||
6 | annually, and shall be paid by families to the central billing | ||||||
7 | office in installments. At the written request of the family, | ||||||
8 | the fee obligation shall be adjusted prospectively at any | ||||||
9 | point during the year upon proof of a change in family income | ||||||
10 | or family size. The inability of the parents of an eligible | ||||||
11 | child to pay family fees due to catastrophic circumstances or | ||||||
12 | extraordinary expenses shall not result in the denial of | ||||||
13 | services to the child or the child's family. A family must | ||||||
14 | document its extraordinary expenses or other catastrophic | ||||||
15 | circumstances by showing one of the following: (i) | ||||||
16 | out-of-pocket medical expenses in excess of 15% of gross | ||||||
17 | income; (ii) a fire, flood, or other disaster causing a direct | ||||||
18 | out-of-pocket loss in excess of 15% of gross income; or (iii) | ||||||
19 | other catastrophic circumstances causing out-of-pocket losses | ||||||
20 | in excess of 15% of gross income. The family must present proof | ||||||
21 | of loss to its service coordinator, who shall document it, and | ||||||
22 | the lead agency shall determine whether the fees shall be | ||||||
23 | reduced, forgiven, or suspended within 10 business days after | ||||||
24 | the family's request. | ||||||
25 | (g) To ensure that early intervention funds are used as | ||||||
26 | the payor of last resort for early intervention services, the |
| |||||||
| |||||||
1 | lead agency shall determine at the point of early intervention | ||||||
2 | intake, and again at any periodic review of eligibility | ||||||
3 | thereafter or upon a change in family circumstances, whether | ||||||
4 | the family is eligible for or enrolled in any program for which | ||||||
5 | payment is made directly or through public or private | ||||||
6 | insurance for any or all of the early intervention services | ||||||
7 | made available under this Act. The lead agency shall establish | ||||||
8 | procedures to ensure that payments are made either directly | ||||||
9 | from these public and private sources instead of from State or | ||||||
10 | federal early intervention funds, or as reimbursement for | ||||||
11 | payments previously made from State or federal early | ||||||
12 | intervention funds. | ||||||
13 | Section 10-80. Other programs. | ||||||
14 | (a) When an application or a review of eligibility for | ||||||
15 | early intervention services is made, and at any eligibility | ||||||
16 | redetermination thereafter, the family shall be asked if it is | ||||||
17 | currently enrolled in any federally funded, Department of | ||||||
18 | Healthcare and Family Services administered, medical programs, | ||||||
19 | or the Title V program administered by the University of | ||||||
20 | Illinois Division of Specialized Care for Children. If the | ||||||
21 | family is enrolled in any of these programs, that information | ||||||
22 | shall be put on the individualized family service plan and | ||||||
23 | entered into the computerized case management system, and | ||||||
24 | shall require that the individualized family services plan of | ||||||
25 | a child who has been found eligible for services through the |
| |||||||
| |||||||
1 | Division of Specialized Care for Children state that the child | ||||||
2 | is enrolled in that program. For those programs in which the | ||||||
3 | family is not enrolled, a preliminary eligibility screen shall | ||||||
4 | be conducted simultaneously for (i) medical assistance | ||||||
5 | (Medicaid) under Article V of the Illinois Public Aid Code, | ||||||
6 | (ii) children's health insurance program (any federally | ||||||
7 | funded, Department of Healthcare and Family Services | ||||||
8 | administered, medical programs) benefits under the Children's | ||||||
9 | Health Insurance Program Act, and (iii) Title V maternal and | ||||||
10 | child health services provided through the Division of | ||||||
11 | Specialized Care for Children of the University of Illinois. | ||||||
12 | (b) For purposes of determining family fees under | ||||||
13 | subsection (f) of Section 10-75 and determining eligibility | ||||||
14 | for the other programs and services specified in items (i) | ||||||
15 | through (iii) of subsection (a), the lead agency shall develop | ||||||
16 | and use, with the cooperation of the Department of Healthcare | ||||||
17 | and Family Services and the Division of Specialized Care for | ||||||
18 | Children of the University of Illinois, a screening device | ||||||
19 | that provides sufficient information for the early | ||||||
20 | intervention regional intake entities or other agencies to | ||||||
21 | establish eligibility for those other programs and shall, in | ||||||
22 | cooperation with the Illinois Department of Healthcare and | ||||||
23 | Family Services and the Division of Specialized Care for | ||||||
24 | Children, train the regional intake entities on using the | ||||||
25 | screening device. | ||||||
26 | (c) When a child is determined eligible for and enrolled |
| |||||||
| |||||||
1 | in the early intervention program and has been found to at | ||||||
2 | least meet the threshold income eligibility requirements for | ||||||
3 | any federally funded, Department of Healthcare and Family | ||||||
4 | Services administered, medical programs, the regional intake | ||||||
5 | entity shall complete an application for any federally funded, | ||||||
6 | Department of Healthcare and Family Services administered, | ||||||
7 | medical programs with the family and forward it to the | ||||||
8 | Department of Healthcare and Family Services for a | ||||||
9 | determination of eligibility. A parent shall not be required | ||||||
10 | to enroll in any federally funded, Department of Healthcare | ||||||
11 | and Family Services administered, medical programs as a | ||||||
12 | condition of receiving services provided pursuant to Part C of | ||||||
13 | the Individuals with Disabilities Education Act. | ||||||
14 | (d) With the cooperation of the Department of Healthcare | ||||||
15 | and Family Services, the lead agency shall establish | ||||||
16 | procedures that ensure the timely and maximum allowable | ||||||
17 | recovery of payments for all early intervention services and | ||||||
18 | allowable administrative costs under Article V of the Illinois | ||||||
19 | Public Aid Code and the Children's Health Insurance Program | ||||||
20 | Act and shall include those procedures in the interagency | ||||||
21 | agreement required under subsection (e) of Section 10-35 of | ||||||
22 | Article 10 of this Act. | ||||||
23 | (e) For purposes of making referrals for final | ||||||
24 | determinations of eligibility for any federally funded, | ||||||
25 | Department of Healthcare and Family Services administered, | ||||||
26 | medical programs benefits under the Children's Health |
| |||||||
| |||||||
1 | Insurance Program Act and for medical assistance under Article | ||||||
2 | V of the Illinois Public Aid Code, the lead agency shall | ||||||
3 | require each early intervention regional intake entity to | ||||||
4 | enroll as an application agent in order for the entity to | ||||||
5 | complete any federally funded, Department of Healthcare and | ||||||
6 | Family Services administered, medical programs application as | ||||||
7 | authorized under Section 22 of the Children's Health Insurance | ||||||
8 | Program Act. | ||||||
9 | (f) For purposes of early intervention services that may | ||||||
10 | be provided by the Division of Specialized Care for Children | ||||||
11 | of the University of Illinois (DSCC), the lead agency shall | ||||||
12 | establish procedures whereby the early intervention regional | ||||||
13 | intake entities may determine whether children enrolled in the | ||||||
14 | early intervention program may also be eligible for those | ||||||
15 | services, and shall develop, (i) the interagency agreement | ||||||
16 | required under subsection (e) of Section 10-35 of this Act, | ||||||
17 | establishing that early intervention funds are to be used as | ||||||
18 | the payor of last resort when services required under an | ||||||
19 | individualized family services plan may be provided to an | ||||||
20 | eligible child through the DSCC, and (ii) training guidelines | ||||||
21 | for the regional intake entities and providers that explain | ||||||
22 | eligibility and billing procedures for services through DSCC. | ||||||
23 | (g) The lead agency shall require that an individual | ||||||
24 | applying for or renewing enrollment as a provider of services | ||||||
25 | in the early intervention program state whether or not he or | ||||||
26 | she is also enrolled as a DSCC provider. This information |
| |||||||
| |||||||
1 | shall be noted next to the name of the provider on the | ||||||
2 | computerized roster of Illinois early intervention providers, | ||||||
3 | and regional intake entities shall make every effort to refer | ||||||
4 | families eligible for DSCC services to these providers. | ||||||
5 | Section 10-85. Private health insurance; assignment. The | ||||||
6 | lead agency shall determine, at the point of new applications | ||||||
7 | for early intervention services, and for all children enrolled | ||||||
8 | in the early intervention program, at the regional intake | ||||||
9 | offices, whether the child is insured under a private health | ||||||
10 | insurance plan or policy. | ||||||
11 | Section 10-90. Billing of insurance carrier. | ||||||
12 | (a) Subject to the restrictions against private insurance | ||||||
13 | use on the basis of material risk of loss of coverage, as | ||||||
14 | determined under Section 10-100, each enrolled provider who is | ||||||
15 | providing a family with early intervention services shall bill | ||||||
16 | the child's insurance carrier for each unit of early | ||||||
17 | intervention service for which coverage may be available. The | ||||||
18 | lead agency may exempt from the requirement of this paragraph | ||||||
19 | any early intervention service that it has deemed not to be | ||||||
20 | covered by insurance plans. When the service is not exempted, | ||||||
21 | providers who receive a denial of payment on the basis that the | ||||||
22 | service is not covered under any circumstance under the plan | ||||||
23 | are not required to bill that carrier for that service again | ||||||
24 | until the following insurance benefit year. That explanation |
| |||||||
| |||||||
1 | of benefits denying the claim, once submitted to the central | ||||||
2 | billing office, shall be sufficient to meet the requirements | ||||||
3 | of this paragraph as to subsequent services billed under the | ||||||
4 | same billing code provided to that child during that insurance | ||||||
5 | benefit year. Any time limit on a provider's filing of a claim | ||||||
6 | for payment with the central billing office that is imposed | ||||||
7 | through a policy, procedure, or rule of the lead agency shall | ||||||
8 | be suspended until the provider receives an explanation of | ||||||
9 | benefits or other final determination of the claim it files | ||||||
10 | with the child's insurance carrier. | ||||||
11 | (b) In all instances when an insurance carrier has been | ||||||
12 | billed for early intervention services, whether paid in full, | ||||||
13 | paid in part, or denied by the carrier, the provider must | ||||||
14 | provide the central billing office, within 90 days after | ||||||
15 | receipt, with a copy of the explanation of benefits form and | ||||||
16 | other information in the manner prescribed by the lead agency. | ||||||
17 | (c) When the insurance carrier has denied the claim or | ||||||
18 | paid an amount for the early intervention service billed that | ||||||
19 | is less than the current State rate for early intervention | ||||||
20 | services, the provider shall submit the explanation of | ||||||
21 | benefits with a claim for payment, and the lead agency shall | ||||||
22 | pay the provider the difference between the sum actually paid | ||||||
23 | by the insurance carrier for each unit of service provided | ||||||
24 | under the individualized family service plan and the current | ||||||
25 | State rate for early intervention services. The State shall | ||||||
26 | also pay the family's co-payment or co-insurance under its |
| |||||||
| |||||||
1 | plan, but only to the extent that those payments plus the | ||||||
2 | balance of the claim do not exceed the current State rate for | ||||||
3 | early intervention services. The provider may under no | ||||||
4 | circumstances bill the family for the difference between its | ||||||
5 | charge for services and that which has been paid by the | ||||||
6 | insurance carrier or by the State. | ||||||
7 | Section 10-95. Families with insurance coverage. | ||||||
8 | (a) Families of children with insurance coverage, whether | ||||||
9 | public or private, shall incur no greater or less direct | ||||||
10 | out-of-pocket expenses for early intervention services than | ||||||
11 | families who are not insured. | ||||||
12 | (b) Managed care plans. | ||||||
13 | (1) Use of managed care network providers. When a | ||||||
14 | family's insurance coverage is through a managed care | ||||||
15 | arrangement with a network of providers that includes one | ||||||
16 | or more types of early intervention specialists who | ||||||
17 | provide the services set forth in the family's | ||||||
18 | individualized family service plan, the regional intake | ||||||
19 | entity shall require the family to use those network | ||||||
20 | providers, but only to the extent that: | ||||||
21 | (A) the network provider is immediately available | ||||||
22 | to receive the referral and to begin providing | ||||||
23 | services to the child; | ||||||
24 | (B) the network provider is enrolled as a provider | ||||||
25 | in the Illinois early intervention system and fully |
| |||||||
| |||||||
1 | credentialed under the current policy or rule of the | ||||||
2 | lead agency; | ||||||
3 | (C) the network provider can provide the services | ||||||
4 | to the child in the manner required in the | ||||||
5 | individualized service plan; | ||||||
6 | (D) the family would not have to travel more than | ||||||
7 | an additional 15 miles or an additional 30 minutes to | ||||||
8 | the network provider than it would have to travel to a | ||||||
9 | non-network provider who is available to provide the | ||||||
10 | same service; and | ||||||
11 | (E) the family's managed care plan does not allow | ||||||
12 | for billing (even at a reduced rate or reduced | ||||||
13 | percentage of the claim) for early intervention | ||||||
14 | services provided by non-network providers. | ||||||
15 | (2) Transfers from non-network to network providers. | ||||||
16 | If a child has been receiving services from a non-network | ||||||
17 | provider and the regional intake entity determines, at the | ||||||
18 | time of enrollment in the early intervention program or at | ||||||
19 | any point thereafter, that the family is enrolled in a | ||||||
20 | managed care plan, the regional intake entity shall | ||||||
21 | require the family to transfer to a network provider | ||||||
22 | within 45 days after that determination, but within no | ||||||
23 | more than 60 days after the effective date of this Act, if: | ||||||
24 | (A) all the requirements of subdivision (b)(1) of | ||||||
25 | this Section have been met; and | ||||||
26 | (B) the child is less than 26 months of age. |
| |||||||
| |||||||
1 | (3) Waivers. The lead agency may fully or partially | ||||||
2 | waive the network enrollment requirements of subdivision | ||||||
3 | (b)(1) of this Section and the transfer requirements of | ||||||
4 | subdivision (b)(2) of this Section as to a particular | ||||||
5 | region, or narrower geographic area, if it finds that the | ||||||
6 | managed care plans in that area are not allowing further | ||||||
7 | enrollment of early intervention providers and it finds | ||||||
8 | that referrals or transfers to network providers could | ||||||
9 | cause an overall shortage of early intervention providers | ||||||
10 | in that region of the State or could cause delays in | ||||||
11 | families securing the early intervention services set | ||||||
12 | forth in individualized family services plans. | ||||||
13 | (4) The lead agency, in conjunction with any entities | ||||||
14 | with which it may have contracted for the training and | ||||||
15 | credentialing of providers, the local interagency council | ||||||
16 | for early intervention, the regional intake entity, and | ||||||
17 | the enrolled providers in each region who wish to | ||||||
18 | participate, shall cooperate in developing a matrix and | ||||||
19 | action plan that (A) identifies both (i) which early | ||||||
20 | intervention providers and which fully credentialed early | ||||||
21 | intervention providers are members of the managed care | ||||||
22 | plans that are used in the region by families with | ||||||
23 | children in the early intervention program, and (ii) which | ||||||
24 | early intervention services, with what restrictions, if | ||||||
25 | any, are covered under those plans, (B) identifies which | ||||||
26 | credentialed specialists are members of which managed care |
| |||||||
| |||||||
1 | plans in the region, and (C) identifies the various | ||||||
2 | managed care plans to early intervention providers, | ||||||
3 | encourages their enrollment in the area plans, and | ||||||
4 | provides them with information on how to enroll. These | ||||||
5 | matrices shall be complete no later than 7 months after | ||||||
6 | the effective date of this Act, and shall be provided to | ||||||
7 | the Early Intervention Legislative Advisory Committee at | ||||||
8 | that time. The lead agency shall work with networks that | ||||||
9 | may have closed enrollment to additional providers to | ||||||
10 | encourage their admission of early intervention providers, | ||||||
11 | and shall report to the Early Intervention Legislative | ||||||
12 | Advisory Committee on the initial results of these efforts | ||||||
13 | no later than February 1, 2002. | ||||||
14 | Section 10-100. Private insurance; exemption. | ||||||
15 | (a) The lead agency shall establish procedures for a | ||||||
16 | family whose child is eligible to receive early intervention | ||||||
17 | services to apply for an exemption restricting the use of its | ||||||
18 | private insurance plan or policy based on material risk of | ||||||
19 | loss of coverage as authorized under subsection (c) of this | ||||||
20 | Section. | ||||||
21 | (b) The lead agency shall make a final determination on a | ||||||
22 | request for an exemption within 10 business days after its | ||||||
23 | receipt of a written request for an exemption at the regional | ||||||
24 | intake entity. During those 10 days, no claims may be filed | ||||||
25 | against the insurance plan or policy. If the exemption is |
| |||||||
| |||||||
1 | granted, it shall be noted on the individualized family | ||||||
2 | service plan, and the family and the providers serving the | ||||||
3 | family shall be notified in writing of the exemption. | ||||||
4 | (c) An exemption may be granted on the basis of material | ||||||
5 | risk of loss of coverage only if the family submits | ||||||
6 | documentation with its request for an exemption that | ||||||
7 | establishes (i) that the insurance plan or policy covering the | ||||||
8 | child is an individually purchased plan or policy and has been | ||||||
9 | purchased by a head of a household that is not eligible for a | ||||||
10 | group medical insurance plan, (ii) that the policy or plan has | ||||||
11 | a lifetime cap that applies to one or more specific types of | ||||||
12 | early intervention services specified in the family's | ||||||
13 | individualized family service plan, and that coverage could be | ||||||
14 | exhausted during the period covered by the individualized | ||||||
15 | family service plan, or (iii) proof of another risk that the | ||||||
16 | lead agency, in its discretion, may have additionally | ||||||
17 | established and defined as a ground for exemption by rule. | ||||||
18 | (d) An exemption under this Section based on material risk | ||||||
19 | of loss of coverage may apply to all early intervention | ||||||
20 | services and all plans or policies insuring the child, may be | ||||||
21 | limited to one or more plans or policies, or may be limited to | ||||||
22 | one or more types of early intervention services in the | ||||||
23 | child's individualized family services plan. | ||||||
24 | Section 10-105. System of personnel development. The lead | ||||||
25 | agency shall provide training to early intervention providers |
| |||||||
| |||||||
1 | and may enter into contracts to meet this requirement in | ||||||
2 | accordance with Section 1-30(c) of this Act. This training | ||||||
3 | shall include, at minimum, the following types of instruction: | ||||||
4 | (a) Courses in birth-to-3 evaluation and treatment of | ||||||
5 | children with developmental disabilities and delays (1) that | ||||||
6 | are taught by fully credentialed early intervention providers | ||||||
7 | or educators with substantial experience in evaluation and | ||||||
8 | treatment of children from birth to age 3 with developmental | ||||||
9 | disabilities and delays, (2) that cover these topics within | ||||||
10 | each of the disciplines of audiology, occupational therapy, | ||||||
11 | physical therapy, speech and language pathology, and | ||||||
12 | developmental therapy, including the social-emotional domain | ||||||
13 | of development, (3) that are held no less than twice per year, | ||||||
14 | (4) that offer no fewer than 20 contact hours per year of | ||||||
15 | course work, (5) that are held in no fewer than 5 separate | ||||||
16 | locales throughout the State, and (6) that give enrollment | ||||||
17 | priority to early intervention providers who do not meet the | ||||||
18 | experience, education, or continuing education requirements | ||||||
19 | necessary to be fully credentialed early intervention | ||||||
20 | providers; and | ||||||
21 | (b) Courses held no less than twice per year for no fewer | ||||||
22 | than 4 hours each in no fewer than 5 separate locales | ||||||
23 | throughout the State each on the following topics: | ||||||
24 | (1) Practice and procedures of private insurance | ||||||
25 | billing. | ||||||
26 | (2) The role of the regional intake entities; service |
| |||||||
| |||||||
1 | coordination; program eligibility determinations; family | ||||||
2 | fees; any federally funded, Department of Healthcare and | ||||||
3 | Family Services administered, medical programs, and | ||||||
4 | Division of Specialized Care applications, referrals, and | ||||||
5 | coordination with Early Intervention; and procedural | ||||||
6 | safeguards. | ||||||
7 | (3) Introduction to the early intervention program, | ||||||
8 | including provider enrollment and credentialing, overview | ||||||
9 | of Early Intervention program policies and rules, and | ||||||
10 | billing requirements. | ||||||
11 | (4) Evaluation and assessment of birth-to-3 children; | ||||||
12 | individualized family service plan development, | ||||||
13 | monitoring, and review; best practices; service | ||||||
14 | guidelines; and quality assurance. | ||||||
15 | Section 10-110. Contracting. In accordance with Section | ||||||
16 | 1-30(c) of this Act, the lead agency may enter into contracts | ||||||
17 | for some or all of its responsibilities under this Act, | ||||||
18 | including, but not limited to: credentialing and enrolling | ||||||
19 | providers; training under Section 10-105; maintaining a | ||||||
20 | central billing office; data collection and analysis; | ||||||
21 | establishing and maintaining a computerized case management | ||||||
22 | system accessible to local referral offices and providers; | ||||||
23 | creating and maintaining a system for provider credentialing | ||||||
24 | and enrollment; creating and maintaining the central directory | ||||||
25 | required under subsection (g) of Section 10-45 of this Act; |
| |||||||
| |||||||
1 | and program operations. Contracts with or grants to regional | ||||||
2 | intake entities must be made subject to public bid under a | ||||||
3 | request for proposals process. | ||||||
4 | Section 10-120. Early Intervention Services Revolving | ||||||
5 | Fund. The Early Intervention Services Revolving Fund, created | ||||||
6 | by Public Act 89-106, shall be held by the lead agency. | ||||||
7 | The Early Intervention Services Revolving Fund shall be | ||||||
8 | used to the extent determined necessary by the lead agency to | ||||||
9 | pay for early intervention services. | ||||||
10 | Local Accounts for such purposes may be established by the | ||||||
11 | lead agency. | ||||||
12 | Expenditures from the Early Intervention Services | ||||||
13 | Revolving Fund shall be made in accordance with applicable | ||||||
14 | program provisions and shall be limited to those purposes and | ||||||
15 | amounts specified under applicable program guidelines. Funding | ||||||
16 | of the Fund shall be from family fees, insurance company | ||||||
17 | payments, federal financial participation received as | ||||||
18 | reimbursement for expenditures from the Fund, and | ||||||
19 | appropriations made to the State agencies involved in the | ||||||
20 | payment for early intervention services under this Act. | ||||||
21 | Disbursements from the Early Intervention Services | ||||||
22 | Revolving Fund shall be made as determined by the lead agency | ||||||
23 | or its designee. Funds in the Early Intervention Services | ||||||
24 | Revolving Fund or the local accounts created under this | ||||||
25 | Section that are not immediately required for expenditure may |
| |||||||
| |||||||
1 | be invested in certificates of deposit or other interest | ||||||
2 | bearing accounts. Any interest earned shall be deposited in | ||||||
3 | the Early Intervention Services Revolving Fund. | ||||||
4 | ARTICLE 15. POWERS AND DUTIES RELATING TO HOME-VISITING AND | ||||||
5 | PRESCHOOL SERVICES | ||||||
6 | Section 15-5. Transition of administrative | ||||||
7 | responsibilities related to home-visiting services Beginning | ||||||
8 | July 1, 2024, the Department of Early Childhood and the | ||||||
9 | Department of Human Services shall collaborate and plan for | ||||||
10 | the transition of administrative responsibilities related to | ||||||
11 | home-visiting services as prescribed in Section 10-16 of the | ||||||
12 | Department of Human Services Act. | ||||||
13 | Section 15-10. Home visiting program. | ||||||
14 | (a) The General Assembly finds that research-informed home | ||||||
15 | visiting programs work to strengthen families' functioning and | ||||||
16 | support parents in caring for their children to ensure optimal | ||||||
17 | child development. | ||||||
18 | (b) Through June 30, 2026, the Department of Human | ||||||
19 | Services shall administer a home visiting program to support | ||||||
20 | communities in providing intensive home visiting programs to | ||||||
21 | pregnant persons and families with children from birth up to | ||||||
22 | elementary school enrollment. Services shall be offered on a | ||||||
23 | voluntary basis to families. In awarding grants under the |
| |||||||
| |||||||
1 | program, the Department of Human Services shall prioritize | ||||||
2 | populations or communities in need of such services, as | ||||||
3 | determined by the Department of Human Services, based on data | ||||||
4 | including, but not limited to, statewide home visiting needs | ||||||
5 | assessments. Eligibility under the program shall also take | ||||||
6 | into consideration requirements of the federal Maternal, | ||||||
7 | Infant, and Early Childhood Home Visiting Program and Head | ||||||
8 | Start and Early Head Start to ensure appropriate alignment. | ||||||
9 | The overall goals for these services are to: | ||||||
10 | (1) improve maternal and newborn health; | ||||||
11 | (2) prevent child abuse and neglect; | ||||||
12 | (3) promote children's development and readiness to | ||||||
13 | participate in school; and | ||||||
14 | (4) connect families to needed community resources | ||||||
15 | and supports. | ||||||
16 | (b-5) On and after July 1, 2026, the Department of Early | ||||||
17 | Childhood shall establish and administer a home visiting | ||||||
18 | program to support communities in providing intensive home | ||||||
19 | visiting programs to pregnant persons and families with | ||||||
20 | children from birth up to elementary school enrollment. | ||||||
21 | (c) Allowable uses of funding include: | ||||||
22 | (1) Grants to community-based organizations to | ||||||
23 | implement home visiting and family support services with | ||||||
24 | fidelity to research-informed home visiting program | ||||||
25 | models, as defined by the Department. Services may | ||||||
26 | include, but are not limited to: |
| |||||||
| |||||||
1 | (A) personal visits with a child and the child's | ||||||
2 | parent or caregiver at a periodicity aligned with the | ||||||
3 | model being implemented; | ||||||
4 | (B) opportunities for connections with other | ||||||
5 | parents and caregivers in their community and other | ||||||
6 | social and community supports; | ||||||
7 | (C) enhancements to research-informed home | ||||||
8 | visiting program models based on community needs | ||||||
9 | including doula services, and other program | ||||||
10 | innovations as approved by the Department; and | ||||||
11 | (D) referrals to other resources needed by | ||||||
12 | families. | ||||||
13 | (2) Infrastructure supports for grantees, including, | ||||||
14 | but not limited to, professional development for the | ||||||
15 | workforce, technical assistance and capacity-building, | ||||||
16 | data system and supports, infant and early childhood | ||||||
17 | mental health consultation, trauma-informed practices, | ||||||
18 | research, universal newborn screening, and coordinated | ||||||
19 | intake. | ||||||
20 | (d) Subject to appropriation, the Department administering | ||||||
21 | home-visiting programs subject to Section 15-10 (b) and | ||||||
22 | Section 15-10(b-5) shall award grants to community-based | ||||||
23 | agencies in accordance with this Section and any other rules | ||||||
24 | that may be adopted by the Department. Successful grantees | ||||||
25 | under this program shall comply with policies and procedures | ||||||
26 | on program, data, and expense reporting as developed by the |
| |||||||
| |||||||
1 | Department. | ||||||
2 | (e) Funds received under this Section shall supplement, | ||||||
3 | not supplant, other existing or new federal, State, or local | ||||||
4 | sources of funding for these services. Any new federal funding | ||||||
5 | received shall supplement and not supplant funding for this | ||||||
6 | program. | ||||||
7 | (f) The Department administering home-visiting programs | ||||||
8 | subject to Section 15-10 (b) and Section 15-10(b-5) shall | ||||||
9 | collaborate with relevant agencies to support the coordination | ||||||
10 | and alignment of home visiting services provided through other | ||||||
11 | State and federal funds, to the extent possible. The | ||||||
12 | Department administering home-visiting programs subject to | ||||||
13 | Section 15-10 (b) and Section 15-10(b-5) shall collaborate | ||||||
14 | with the State Board of Education, the Department of | ||||||
15 | Healthcare and Family Services, and Head Start and Early Head | ||||||
16 | Start in the implementation of these services to support | ||||||
17 | alignment with home visiting services provided through the | ||||||
18 | Early Childhood Block Grant and the State's Medical Assistance | ||||||
19 | Program, respectively, to the extent possible. | ||||||
20 | (g) An advisory committee shall advise the Department | ||||||
21 | administering home-visiting programs subject to Section | ||||||
22 | 15-10(b) and Section 15-10(b-5) concerning the implementation | ||||||
23 | of the home visiting program. The advisory committee shall | ||||||
24 | make recommendations on policy and implementation. The | ||||||
25 | Department shall determine whether the advisory committee | ||||||
26 | shall be a newly created body or an existing body such as a |
| |||||||
| |||||||
1 | committee of the Illinois Early Learning Council. The advisory | ||||||
2 | committee shall consist of one or more representatives of the | ||||||
3 | Department, other members representing public and private | ||||||
4 | entities that serve and interact with the families served | ||||||
5 | under the home visiting program, with the input of families | ||||||
6 | engaged in home visiting or related services themselves. | ||||||
7 | Family input may be secured by engaging families as members of | ||||||
8 | this advisory committee or as a separate committee of family | ||||||
9 | representatives. | ||||||
10 | (h) The Department of Early Childhood may adopt any rules | ||||||
11 | necessary to implement this Section. | ||||||
12 | Section 15-15. Collaboration; planning. Beginning July 1, | ||||||
13 | 2024, the Department of Early Childhood shall collaborate with | ||||||
14 | the Illinois State Board of Education on administration of the | ||||||
15 | early childhood programs established in Sections 1C-2, 2-3.71, | ||||||
16 | 2-3.71a, and 2-3.89 of the School Code. The Department of | ||||||
17 | Early Childhood and the Illinois State Board of Education | ||||||
18 | shall plan for the transfer of administrative responsibilities | ||||||
19 | that will occur on and after July 1, 2026. | ||||||
20 | Section 15-20. Programs concerning services to at-risk | ||||||
21 | children and their families. | ||||||
22 | (a) On and after July 1, 2026, the Department of Early | ||||||
23 | Childhood may provide grants to eligible entities, as defined | ||||||
24 | by the Department, to establish programs which offer |
| |||||||
| |||||||
1 | coordinated services to at-risk infants and toddlers and their | ||||||
2 | families. Each program shall include a parent education | ||||||
3 | program relating to the development and nurturing of infants | ||||||
4 | and toddlers and case management services to coordinate | ||||||
5 | existing services available in the region served by the | ||||||
6 | program. These services shall be provided through the | ||||||
7 | implementation of an individual family service plan. Each | ||||||
8 | program will have a community involvement component to provide | ||||||
9 | coordination in the service system. | ||||||
10 | (b) The Department shall administer the programs through | ||||||
11 | the grants to public school districts and other eligible | ||||||
12 | entities. These grants must be used to supplement, not | ||||||
13 | supplant, funds received from any other source. School | ||||||
14 | districts and other eligible entities receiving grants | ||||||
15 | pursuant to this Section shall conduct voluntary, intensive, | ||||||
16 | research-based, and comprehensive prevention services, as | ||||||
17 | defined by the Department, for expecting parents and families | ||||||
18 | with children from birth to age 3 who are at-risk of academic | ||||||
19 | failure. A public school district that receives a grant under | ||||||
20 | this Section may subcontract with other eligible entities. | ||||||
21 | (c) The Department shall report to the General Assembly by | ||||||
22 | July 1, 2028 and every 2 years thereafter, using the most | ||||||
23 | current data available, on the status of programs funded under | ||||||
24 | this Section, including without limitation characteristics of | ||||||
25 | participants, services delivered, program models used, unmet | ||||||
26 | needs, and results of the programs funded. |
| |||||||
| |||||||
1 | Section 15-25. Block grants. | ||||||
2 | (a) Through June 30, 2026, the State Board of Education | ||||||
3 | shall award block grants to school districts and other | ||||||
4 | entities pursuant to Section 1C-2 of the School Code. | ||||||
5 | (b) On and after July 1, 2026, the Department of Early | ||||||
6 | Childhood shall award to school districts and other entities | ||||||
7 | block grants as described in subsection (c). The Department of | ||||||
8 | Early Childhood may adopt rules necessary to implement this | ||||||
9 | Section. Block grants are subject to audit. Therefore, block | ||||||
10 | grant receipts and block grant expenditures shall be recorded | ||||||
11 | to the appropriate fund code. | ||||||
12 | (c) An Early Childhood Education Block Grant shall be | ||||||
13 | created by combining the following programs: Preschool | ||||||
14 | Education, Parental Training and Prevention Initiative. These | ||||||
15 | funds shall be distributed to school districts and other | ||||||
16 | entities on a competitive basis, except that the Department of | ||||||
17 | Early Childhood shall award to a school district having a | ||||||
18 | population exceeding 500,000 inhabitants 37% of the funds in | ||||||
19 | each fiscal year. Not less than 14% of the Early Childhood | ||||||
20 | Education Block Grant allocation of funds shall be used to | ||||||
21 | fund programs for children ages 0-3. Beginning in Fiscal Year | ||||||
22 | 2016, at least 25% of any additional Early Childhood Education | ||||||
23 | Block Grant funding over and above the previous fiscal year's | ||||||
24 | allocation shall be used to fund programs for children ages | ||||||
25 | 0-3. Once the percentage of Early Childhood Education Block |
| |||||||
| |||||||
1 | Grant funding allocated to programs for children ages 0-3 | ||||||
2 | reaches 20% of the overall Early Childhood Education Block | ||||||
3 | Grant allocation for a full fiscal year, thereafter in | ||||||
4 | subsequent fiscal years the percentage of Early Childhood | ||||||
5 | Education Block Grant funding allocated to programs for | ||||||
6 | children ages 0-3 each fiscal year shall remain at least 20% of | ||||||
7 | the overall Early Childhood Education Block Grant allocation. | ||||||
8 | However, if, in a given fiscal year, the amount appropriated | ||||||
9 | for the Early Childhood Education Block Grant is insufficient | ||||||
10 | to increase the percentage of the grant to fund programs for | ||||||
11 | children ages 0-3 without reducing the amount of the grant for | ||||||
12 | existing providers of preschool education programs, then the | ||||||
13 | percentage of the grant to fund programs for children ages 0-3 | ||||||
14 | may be held steady instead of increased. | ||||||
15 | (d) A school district in a city having a population | ||||||
16 | exceeding 500,000 is not required to file any application or | ||||||
17 | other claim in order to receive the block grant to which it is | ||||||
18 | entitled under this Section. The Department of Early Childhood | ||||||
19 | shall make payments to the district of amounts due under the | ||||||
20 | district's block grant on a schedule determined by the | ||||||
21 | Department. A school district to which this Section applies | ||||||
22 | shall report to the Department of Early Childhood on its use of | ||||||
23 | the block grant in such form and detail as the Department may | ||||||
24 | specify. In addition, the report must include the following | ||||||
25 | description for the district, which must also be reported to | ||||||
26 | the General Assembly: block grant allocation and expenditures |
| |||||||
| |||||||
1 | by program; population and service levels by program; and | ||||||
2 | administrative expenditures by program. The Department shall | ||||||
3 | ensure that the reporting requirements for the district are | ||||||
4 | the same as for all other school districts in this State. | ||||||
5 | Beginning in Fiscal Year 2018, at least 25% of any additional | ||||||
6 | Preschool Education, Parental Training, and Prevention | ||||||
7 | Initiative program funding over and above the previous fiscal | ||||||
8 | year's allocation shall be used to fund programs for children | ||||||
9 | ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool | ||||||
10 | Education, Parental Training, and Prevention Initiative | ||||||
11 | programs above the allocation for these programs in Fiscal | ||||||
12 | Year 2017 must be used solely as a supplement for these | ||||||
13 | programs and may not supplant funds received from other | ||||||
14 | sources. | ||||||
15 | (e) Reports. School districts and other entities that | ||||||
16 | receive an Early Childhood Education Block Grant shall report | ||||||
17 | to the Department of Early Childhood on its use of the block | ||||||
18 | grant in such form and detail as the Department may specify. In | ||||||
19 | addition, the report must include the following description | ||||||
20 | for the district and other entities that receive an Early | ||||||
21 | Childhood Block Grant, which must also be reported to the | ||||||
22 | General Assembly: block grant allocation and expenditures by | ||||||
23 | program; population and service levels by program; and | ||||||
24 | administrative expenditures by program. | ||||||
25 | Section 15-30. Grants for preschool educational programs. |
| |||||||
| |||||||
1 | (a) Preschool program. | ||||||
2 | (1) Through June 30, 2026, The State Board of | ||||||
3 | Education shall implement and administer a grant program | ||||||
4 | to conduct voluntary preschool educational programs for | ||||||
5 | children ages 3 to 5, which include a parent education | ||||||
6 | component, pursuant to Section 2-3.71 of the School Code. | ||||||
7 | (2) On and after July 1, 2026, the Department of Early | ||||||
8 | Childhood shall implement and administer a grant program | ||||||
9 | for school districts and other eligible entities, as | ||||||
10 | defined by the Department, to conduct voluntary preschool | ||||||
11 | educational programs for children ages 3 to 5 which | ||||||
12 | include a parent education component. A public school | ||||||
13 | district which receives grants under this subsection may | ||||||
14 | subcontract with other entities that are eligible to | ||||||
15 | conduct a preschool educational program. These grants must | ||||||
16 | be used to supplement, not supplant, funds received from | ||||||
17 | any other source. | ||||||
18 | (3) Except as otherwise provided under this subsection | ||||||
19 | (a), any teacher of preschool children in the program | ||||||
20 | authorized by this subsection shall hold a Professional | ||||||
21 | Educator License with an early childhood education | ||||||
22 | endorsement. | ||||||
23 | (3.5) Beginning with the 2018-2019 school year and | ||||||
24 | until the 2028-2029 school year, an individual may teach | ||||||
25 | preschool children in an early childhood program under | ||||||
26 | this Section if he or she holds a Professional Educator |
| |||||||
| |||||||
1 | License with an early childhood education endorsement or | ||||||
2 | with short-term approval for early childhood education or | ||||||
3 | he or she pursues a Professional Educator License and | ||||||
4 | holds any of the following: | ||||||
5 | (A) An ECE Credential Level of 5 awarded by the | ||||||
6 | Department of Human Services under the Gateways to | ||||||
7 | Opportunity Program developed under Section 10-70 of | ||||||
8 | the Department of Human Services Act. | ||||||
9 | (B) An Educator License with Stipulations with a | ||||||
10 | transitional bilingual educator endorsement and he or | ||||||
11 | she has (i) passed an early childhood education | ||||||
12 | content test or (ii) completed no less than 9 semester | ||||||
13 | hours of postsecondary coursework in the area of early | ||||||
14 | childhood education. | ||||||
15 | (4) Through June 30, 2026, the State Board of | ||||||
16 | Education shall provide the primary source of funding | ||||||
17 | through appropriations for the program. On and after July | ||||||
18 | 1, 2026, the Department of Early Childhood shall provide | ||||||
19 | the primary source of funding through appropriations for | ||||||
20 | the program. Such funds shall be distributed to achieve a | ||||||
21 | goal of "Preschool for All Children" for the benefit of | ||||||
22 | all children whose families choose to participate in the | ||||||
23 | program. Based on available appropriations, newly funded | ||||||
24 | programs shall be selected through a process giving first | ||||||
25 | priority to qualified programs serving primarily at-risk | ||||||
26 | children and second priority to qualified programs serving |
| |||||||
| |||||||
1 | primarily children with a family income of less than 4 | ||||||
2 | times the poverty guidelines updated periodically in the | ||||||
3 | Federal Register by the U.S. Department of Health and | ||||||
4 | Human Services under the authority of 42 U.S.C. 9902(2). | ||||||
5 | For purposes of this paragraph (4), at-risk children are | ||||||
6 | those who because of their home and community environment | ||||||
7 | are subject to such language, cultural, economic and like | ||||||
8 | disadvantages to cause them to have been determined as a | ||||||
9 | result of screening procedures to be at risk of academic | ||||||
10 | failure. Through June 30, 2026, such screening procedures | ||||||
11 | shall be based on criteria established by the State Board | ||||||
12 | of Education. On and after July 1, 2026, such screening | ||||||
13 | procedures shall be based on criteria established by the | ||||||
14 | Department of Early Childhood. Except as otherwise | ||||||
15 | provided in this paragraph (4), grantees under the program | ||||||
16 | must enter into a memorandum of understanding with the | ||||||
17 | appropriate local Head Start agency. This memorandum must | ||||||
18 | be entered into no later than 3 months after the award of a | ||||||
19 | grantee's grant under the program and must address | ||||||
20 | collaboration between the grantee's program and the local | ||||||
21 | Head Start agency on certain issues, which shall include | ||||||
22 | without limitation the following: | ||||||
23 | (A) educational activities, curricular objectives, | ||||||
24 | and instruction; | ||||||
25 | (B) public information dissemination and access to | ||||||
26 | programs for families contacting programs; |
| |||||||
| |||||||
1 | (C) service areas; | ||||||
2 | (D) selection priorities for eligible children to | ||||||
3 | be served by programs; | ||||||
4 | (E) maximizing the impact of federal and State | ||||||
5 | funding to benefit young children; | ||||||
6 | (F) staff training, including opportunities for | ||||||
7 | joint staff training; | ||||||
8 | (G) technical assistance; | ||||||
9 | (H) communication and parent outreach for smooth | ||||||
10 | transitions to kindergarten; | ||||||
11 | (I) provision and use of facilities, | ||||||
12 | transportation, and other program elements; | ||||||
13 | (J) facilitating each program's fulfillment of its | ||||||
14 | statutory and regulatory requirements; | ||||||
15 | (K) improving local planning and collaboration; | ||||||
16 | and | ||||||
17 | (L) providing comprehensive services for the | ||||||
18 | neediest Illinois children and families. Through June | ||||||
19 | 30, 2026, if the appropriate local Head Start agency | ||||||
20 | is unable or unwilling to enter into a memorandum of | ||||||
21 | understanding as required under this paragraph (4), | ||||||
22 | the memorandum of understanding requirement shall not | ||||||
23 | apply and the grantee under the program must notify | ||||||
24 | the State Board of Education in writing of the Head | ||||||
25 | Start agency's inability or unwillingness. Through | ||||||
26 | June 30, 2026, the State Board of Education shall |
| |||||||
| |||||||
1 | compile all such written notices and make them | ||||||
2 | available to the public. On and after July 1, 2026, if | ||||||
3 | the appropriate local Head Start agency is unable or | ||||||
4 | unwilling to enter into a memorandum of understanding | ||||||
5 | as required under this paragraph (4), the memorandum | ||||||
6 | of understanding requirement shall not apply and the | ||||||
7 | grantee under the program must notify the Department | ||||||
8 | of Early Childhood in writing of the Head Start | ||||||
9 | agency's inability or unwillingness. The Department of | ||||||
10 | Early Childhood shall compile all such written notices | ||||||
11 | and make them available to the public. | ||||||
12 | (5) Through June 30, 2026, the State Board of | ||||||
13 | Education shall develop and provide evaluation tools, | ||||||
14 | including tests, that school districts and other eligible | ||||||
15 | entities may use to evaluate children for school readiness | ||||||
16 | prior to age 5. The State Board of Education shall require | ||||||
17 | school districts and other eligible entities to obtain | ||||||
18 | consent from the parents or guardians of children before | ||||||
19 | any evaluations are conducted. The State Board of | ||||||
20 | Education shall encourage local school districts and other | ||||||
21 | eligible entities to evaluate the population of preschool | ||||||
22 | children in their communities and provide preschool | ||||||
23 | programs, pursuant to this subsection, where appropriate. | ||||||
24 | (5.1) On and after July 1, 2026, the Department of | ||||||
25 | Early Childhood shall develop and provide evaluation | ||||||
26 | tools, including tests, that school districts and other |
| |||||||
| |||||||
1 | eligible entities may use to evaluate children for school | ||||||
2 | readiness prior to age 5. The Department of Early | ||||||
3 | Childhood shall require school districts and other | ||||||
4 | eligible entities to obtain consent from the parents or | ||||||
5 | guardians of children before any evaluations are | ||||||
6 | conducted. The Department of Early Childhood shall | ||||||
7 | encourage local school districts and other eligible | ||||||
8 | entities to evaluate the population of preschool children | ||||||
9 | in their communities and provide preschool programs, | ||||||
10 | pursuant to this subsection, where appropriate. | ||||||
11 | (6) Through June 30, 2026, the State Board of | ||||||
12 | Education shall report to the General Assembly by November | ||||||
13 | 1, 2018 and every 2 years thereafter on the results and | ||||||
14 | progress of students who were enrolled in preschool | ||||||
15 | educational programs, including an assessment of which | ||||||
16 | programs have been most successful in promoting academic | ||||||
17 | excellence and alleviating academic failure. Through June | ||||||
18 | 30, 2026, the State Board of Education shall assess the | ||||||
19 | academic progress of all students who have been enrolled | ||||||
20 | in preschool educational programs. Through Fiscal Year | ||||||
21 | 2026, on or before November 1 of each fiscal year in which | ||||||
22 | the General Assembly provides funding for new programs | ||||||
23 | under paragraph (4) of this Section, the State Board of | ||||||
24 | Education shall report to the General Assembly on what | ||||||
25 | percentage of new funding was provided to programs serving | ||||||
26 | primarily at-risk children, what percentage of new funding |
| |||||||
| |||||||
1 | was provided to programs serving primarily children with a | ||||||
2 | family income of less than 4 times the federal poverty | ||||||
3 | level, and what percentage of new funding was provided to | ||||||
4 | other programs. | ||||||
5 | (6.1) On and after July 1, 2026, the Department of | ||||||
6 | Early Childhood shall report to the General Assembly by | ||||||
7 | November 1, 2026 and every 2 years thereafter on the | ||||||
8 | results and progress of students who were enrolled in | ||||||
9 | preschool educational programs, including an assessment of | ||||||
10 | which programs have been most successful in promoting | ||||||
11 | academic excellence and alleviating academic failure. On | ||||||
12 | and after July 1, 2026, the Department of Early Childhood | ||||||
13 | shall assess the academic progress of all students who | ||||||
14 | have been enrolled in preschool educational programs. | ||||||
15 | Beginning in Fiscal Year 2027, on or before November 1 of | ||||||
16 | each fiscal year in which the General Assembly provides | ||||||
17 | funding for new programs under paragraph (4) of this | ||||||
18 | Section, the Department of Early Childhood shall report to | ||||||
19 | the General Assembly on what percentage of new funding was | ||||||
20 | provided to programs serving primarily at-risk children, | ||||||
21 | what percentage of new funding was provided to programs | ||||||
22 | serving primarily children with a family income of less | ||||||
23 | than 4 times the federal poverty level, and what | ||||||
24 | percentage of new funding was provided to other programs. | ||||||
25 | (7) Due to evidence that expulsion practices in the | ||||||
26 | preschool years are linked to poor child outcomes and are |
| |||||||
| |||||||
1 | employed inconsistently across racial and gender groups, | ||||||
2 | early childhood programs receiving State funds under this | ||||||
3 | subsection (a) shall prohibit expulsions. Planned | ||||||
4 | transitions to settings that are able to better meet a | ||||||
5 | child's needs are not considered expulsion under this | ||||||
6 | paragraph (7). | ||||||
7 | (A) When persistent and serious challenging | ||||||
8 | behaviors emerge, the early childhood program shall | ||||||
9 | document steps taken to ensure that the child can | ||||||
10 | participate safely in the program; including | ||||||
11 | observations of initial and ongoing challenging | ||||||
12 | behaviors, strategies for remediation and intervention | ||||||
13 | plans to address the behaviors, and communication with | ||||||
14 | the parent or legal guardian, including participation | ||||||
15 | of the parent or legal guardian in planning and | ||||||
16 | decision-making. | ||||||
17 | (B) The early childhood program shall, with | ||||||
18 | parental or legal guardian consent as required, use a | ||||||
19 | range of community resources, if available and deemed | ||||||
20 | necessary, including, but not limited to, | ||||||
21 | developmental screenings, referrals to programs and | ||||||
22 | services administered by a local educational agency or | ||||||
23 | early intervention agency under Parts B and C of the | ||||||
24 | federal Individual with Disabilities Education Act, | ||||||
25 | and consultation with infant and early childhood | ||||||
26 | mental health consultants and the child's health care |
| |||||||
| |||||||
1 | provider. The program shall document attempts to | ||||||
2 | engage these resources, including parent or legal | ||||||
3 | guardian participation and consent attempted and | ||||||
4 | obtained. Communication with the parent or legal | ||||||
5 | guardian shall take place in a culturally and | ||||||
6 | linguistically competent manner. | ||||||
7 | (C) If there is documented evidence that all | ||||||
8 | available interventions and supports recommended by a | ||||||
9 | qualified professional have been exhausted and the | ||||||
10 | program determines in its professional judgment that | ||||||
11 | transitioning a child to another program is necessary | ||||||
12 | for the well-being of the child or his or her peers and | ||||||
13 | staff, with parent or legal guardian permission, both | ||||||
14 | the current and pending programs shall create a | ||||||
15 | transition plan designed to ensure continuity of | ||||||
16 | services and the comprehensive development of the | ||||||
17 | child. Communication with families shall occur in a | ||||||
18 | culturally and linguistically competent manner. | ||||||
19 | (D) Nothing in this paragraph (7) shall preclude a | ||||||
20 | parent's or legal guardian's right to voluntarily | ||||||
21 | withdraw his or her child from an early childhood | ||||||
22 | program. Early childhood programs shall request and | ||||||
23 | keep on file, when received, a written statement from | ||||||
24 | the parent or legal guardian stating the reason for | ||||||
25 | his or her decision to withdraw his or her child. | ||||||
26 | (E) In the case of the determination of a serious |
| |||||||
| |||||||
1 | safety threat to a child or others or in the case of | ||||||
2 | behaviors listed in subsection (d) of Section 10-22.6 | ||||||
3 | of the School Code, the temporary removal of a child | ||||||
4 | from attendance in group settings may be used. | ||||||
5 | Temporary removal of a child from attendance in a | ||||||
6 | group setting shall trigger the process detailed in | ||||||
7 | subparagraphs (A), (B), and (C) of this paragraph (7), | ||||||
8 | with the child placed back in a group setting as | ||||||
9 | quickly as possible. | ||||||
10 | (F) Early childhood programs may use and the | ||||||
11 | Department of Early Childhood, State Board of | ||||||
12 | Education, the Department of Human Services, and the | ||||||
13 | Department of Children and Family Services shall | ||||||
14 | recommend training, technical support, and | ||||||
15 | 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) Through June 30, 2026, early childhood |
| |||||||
| |||||||
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 | (G-5) On and after July 1, 2026, early childhood | ||||||
26 | programs shall annually report to the Department of |
| |||||||
| |||||||
1 | Early Childhood, and beginning in Fiscal Year 2028, | ||||||
2 | the Department of Early Childhood shall make available | ||||||
3 | on a biennial basis, in a report, all of the following | ||||||
4 | data for children from birth to age 5 who are served by | ||||||
5 | the program: | ||||||
6 | (i) Total number served over the course of the | ||||||
7 | program year and the total number of children who | ||||||
8 | left the program during the program year. | ||||||
9 | (ii) Number of planned transitions to another | ||||||
10 | program due to children's behavior, by children's | ||||||
11 | race, gender, disability, language, class/group | ||||||
12 | size, teacher-child ratio, and length of program | ||||||
13 | day. | ||||||
14 | (iii) Number of temporary removals of a child | ||||||
15 | from attendance in group settings due to a serious | ||||||
16 | safety threat under subparagraph (E) of this | ||||||
17 | paragraph (7), by children's race, gender, | ||||||
18 | disability, language, class/group size, | ||||||
19 | teacher-child ratio, and length of program day. | ||||||
20 | (iv) Hours of infant and early childhood | ||||||
21 | mental health consultant contact with program | ||||||
22 | leaders, staff, and families over the program | ||||||
23 | year. | ||||||
24 | (H) Changes to services for children with an | ||||||
25 | individualized education program or individual family | ||||||
26 | service plan shall be construed in a manner consistent |
| |||||||
| |||||||
1 | with the federal Individuals with Disabilities | ||||||
2 | Education Act. | ||||||
3 | The Department of Early Childhood, in consultation | ||||||
4 | with the Department of Children and Family Services, shall | ||||||
5 | adopt rules to administer this paragraph (7). | ||||||
6 | (b) Notwithstanding any other provisions of this Section, | ||||||
7 | grantees may serve children ages 0 to 12 of essential workers | ||||||
8 | if the Governor has declared a disaster due to a public health | ||||||
9 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
10 | Management Agency Act. The Department of Early Childhood may | ||||||
11 | adopt rules to administer this subsection. | ||||||
12 | Section 15-35. Chronic absenteeism in preschool children. | ||||||
13 | (a) In this Section, "chronic absence" means absences that | ||||||
14 | total 10% or more of school days of the most recent academic | ||||||
15 | school year, including absences with and without valid cause, | ||||||
16 | as defined in Section 26-2a of the School Code. | ||||||
17 | (b) The General Assembly makes all of the following | ||||||
18 | findings: | ||||||
19 | (1) The early years are an extremely important period | ||||||
20 | in a child's learning and development. | ||||||
21 | (2) Missed learning opportunities in the early years | ||||||
22 | make it difficult for a child to enter kindergarten ready | ||||||
23 | for success. | ||||||
24 | (3) Attendance patterns in the early years serve as | ||||||
25 | predictors of chronic absenteeism and reduced educational |
| |||||||
| |||||||
1 | outcomes in later school years. Therefore, it is crucial | ||||||
2 | that the implications of chronic absence be understood and | ||||||
3 | reviewed regularly under the Preschool for All Program and | ||||||
4 | Preschool for All Expansion Program under Section 15-30 of | ||||||
5 | this Act. | ||||||
6 | (c) The Preschool for All Program and Preschool for All | ||||||
7 | Expansion Program under Section 15-30 of this Act shall | ||||||
8 | collect and review its chronic absence data and determine what | ||||||
9 | support and resources are needed to positively engage | ||||||
10 | chronically absent students and their families to encourage | ||||||
11 | the habit of daily attendance and promote success. | ||||||
12 | (d) The Preschool for All Program and Preschool for All | ||||||
13 | Expansion Program under Section 15-30 of this Act are | ||||||
14 | encouraged to do all of the following: | ||||||
15 | (1) Provide support to students who are at risk of | ||||||
16 | reaching or exceeding chronic absence levels. | ||||||
17 | (2) Make resources available to families, such as | ||||||
18 | those available through the State Board of Education's | ||||||
19 | Family Engagement Framework, to support and encourage | ||||||
20 | families to ensure their children's daily program | ||||||
21 | attendance. | ||||||
22 | (3) Include information about chronic absenteeism as | ||||||
23 | part of their preschool to kindergarten transition | ||||||
24 | resources. | ||||||
25 | (e) On or before July 1, 2020, and annually thereafter | ||||||
26 | through June 30, 2026, the Preschool for All Program and |
| |||||||
| |||||||
1 | Preschool for All Expansion Program shall report all data | ||||||
2 | collected under subsection (c) of this Section to the State | ||||||
3 | Board of Education, which shall make the report publicly | ||||||
4 | available via the Illinois Early Childhood Asset Map Internet | ||||||
5 | website and the Preschool for All Program or Preschool for All | ||||||
6 | Expansion Program triennial report. | ||||||
7 | (e-5) On and after July 1, 2026, the Preschool for All | ||||||
8 | Program and Preschool for All Expansion Program shall report | ||||||
9 | all data collected under subsection (c) to the Department of | ||||||
10 | Early Childhood, which shall review the chronic absence data | ||||||
11 | to determine what support and resources are needed to | ||||||
12 | positively engage chronically absent students and their | ||||||
13 | families to encourage the habit of daily attendance and | ||||||
14 | promote success. The Department shall also report all data | ||||||
15 | collected under this subsection and make a report publicly | ||||||
16 | available via the Illinois Early Childhood Asset Map Internet | ||||||
17 | website and the Preschool for All Program or Preschool for All | ||||||
18 | Expansion Program triennial report. | ||||||
19 | Section 15-40. Restrictions on prekindergarten | ||||||
20 | assessments. | ||||||
21 | (a) In this Section: | ||||||
22 | "Diagnostic and screening purposes" means for the purpose | ||||||
23 | of determining if individual students need remedial | ||||||
24 | instruction or to determine eligibility for special education, | ||||||
25 | early intervention, bilingual education, dyslexia services, or |
| |||||||
| |||||||
1 | other related educational services. Any assessment used to | ||||||
2 | determine eligibility for special education or related | ||||||
3 | services must be consistent with Section 614 of the federal | ||||||
4 | Individuals with Disabilities Education Act. "Diagnostic and | ||||||
5 | screening purposes" includes the identification and evaluation | ||||||
6 | of students with disabilities. "Diagnostic and screening | ||||||
7 | purposes" does not include any assessment in which student | ||||||
8 | scores are used to rate or rank a classroom, program, teacher, | ||||||
9 | school, school district, or jurisdiction. | ||||||
10 | "Standardized assessment" means an assessment that | ||||||
11 | requires all student test takers to answer the same questions, | ||||||
12 | or a selection of questions from a common bank of questions, in | ||||||
13 | the same manner or substantially the same questions in the | ||||||
14 | same manner. "Standardized assessment" does not include an | ||||||
15 | observational assessment tool used to satisfy the requirements | ||||||
16 | of Section 2-3.64a-10 of the School Code. | ||||||
17 | (b) Consistent with Section 2-3.64a-15 of the School Code, | ||||||
18 | the Department of Early Childhood may not develop, purchase, | ||||||
19 | or require a school district to administer, develop, or | ||||||
20 | purchase a standardized assessment for students enrolled or | ||||||
21 | preparing to enroll in prekindergarten, other than for | ||||||
22 | diagnostic and screening purposes. | ||||||
23 | (c) Consistent with Section 2-3.64a-15 of the School Code, | ||||||
24 | the Department of Early Childhood may not provide funding for | ||||||
25 | any standardized assessment of students enrolled or preparing | ||||||
26 | to enroll in prekindergarten, other than for diagnostic and |
| |||||||
| |||||||
1 | screening purposes. | ||||||
2 | (d) Nothing in this Section shall be construed to limit | ||||||
3 | the ability of a classroom teacher or school district to | ||||||
4 | develop, purchase, administer, or score an assessment for an | ||||||
5 | individual classroom, grade level, or group of grade levels in | ||||||
6 | any subject area in prekindergarten. | ||||||
7 | (e) Nothing in this Section limits procedures used by a | ||||||
8 | school or school district for child find under 34 CFR | ||||||
9 | 300.111(c) or evaluation under 34 CFR 300.304. | ||||||
10 | (f) Nothing in this Section restricts the use of an annual | ||||||
11 | assessment of English proficiency of all English learners to | ||||||
12 | comply with Section 1111(b)(2)(G) of the federal Elementary | ||||||
13 | and Secondary Education Act of 1965. | ||||||
14 | Section 15-45. Grants for early childhood parental | ||||||
15 | training programs. On and after July 1, 2026, the Department | ||||||
16 | of Early Childhood shall implement and administer a grant | ||||||
17 | program consisting of grants to public school districts and | ||||||
18 | other eligible entities, as defined by the Department, to | ||||||
19 | conduct early childhood parental training programs for the | ||||||
20 | parents of children in the period of life from birth to | ||||||
21 | prekindergarten. A public school district that receives grants | ||||||
22 | under this Section may contract with other eligible entities | ||||||
23 | to conduct an early childhood parental training program. These | ||||||
24 | grants must be used to supplement, not supplant, funds | ||||||
25 | received from any other source. A school board or other |
| |||||||
| |||||||
1 | eligible entity shall employ appropriately qualified personnel | ||||||
2 | for its early childhood parental training program, including | ||||||
3 | but not limited to certified teachers, counselors, | ||||||
4 | psychiatrists, psychologists and social workers. | ||||||
5 | (a) As used in this Section, "parental training" means and | ||||||
6 | includes instruction in the following: | ||||||
7 | (1) Child growth and development, including prenatal | ||||||
8 | development. | ||||||
9 | (2) Childbirth and child care. | ||||||
10 | (3) Family structure, function and management. | ||||||
11 | (4) Prenatal and postnatal care for mothers and | ||||||
12 | infants. | ||||||
13 | (5) Prevention of child abuse. | ||||||
14 | (6) The physical, mental, emotional, social, economic | ||||||
15 | and psychological aspects of interpersonal and family | ||||||
16 | relationships. | ||||||
17 | (7) Parenting skill development. | ||||||
18 | The programs shall include activities that require | ||||||
19 | substantial participation and interaction between parent and | ||||||
20 | child. | ||||||
21 | (b) The Department shall annually award funds through a | ||||||
22 | grant approval process established by the Department, | ||||||
23 | providing that an annual appropriation is made for this | ||||||
24 | purpose from State, federal or private funds. Nothing in this | ||||||
25 | Section shall preclude school districts from applying for or | ||||||
26 | accepting private funds to establish and implement programs. |
| |||||||
| |||||||
1 | (c) The Department shall assist those districts and other | ||||||
2 | eligible entities offering early childhood parental training | ||||||
3 | programs, upon request, in developing instructional materials, | ||||||
4 | training teachers and staff, and establishing appropriate time | ||||||
5 | allotments for each of the areas included in such instruction. | ||||||
6 | (d) School districts and other eligible entities may offer | ||||||
7 | early childhood parental training courses during that period | ||||||
8 | of the day which is not part of the regular school day. | ||||||
9 | Residents of the community may enroll in such courses. The | ||||||
10 | school board or other eligible entity may establish fees and | ||||||
11 | collect such charges as may be necessary for attendance at | ||||||
12 | such courses in an amount not to exceed the per capita cost of | ||||||
13 | the operation thereof, except that the board or other eligible | ||||||
14 | entity may waive all or part of such charges if it determines | ||||||
15 | that the parent is indigent or that the educational needs of | ||||||
16 | the parent require his or her attendance at such courses. | ||||||
17 | (e) Parents who participate in early childhood parental | ||||||
18 | training programs under this Section may be eligible for | ||||||
19 | reasonable reimbursement of any incidental transportation and | ||||||
20 | child care expenses from the school district receiving funds | ||||||
21 | pursuant to this Section. | ||||||
22 | (f) Districts and other eligible entities receiving grants | ||||||
23 | pursuant to this Section shall coordinate programs created | ||||||
24 | under this Section with other preschool educational programs, | ||||||
25 | including "at-risk" preschool programs, special and vocational | ||||||
26 | education, and related services provided by other governmental |
| |||||||
| |||||||
1 | agencies and not-for-profit agencies. | ||||||
2 | (g) Early childhood programs under this Section are | ||||||
3 | subject to the requirements under paragraph (7) of subsection | ||||||
4 | (a) of Section 15-30 of this Act. | ||||||
5 | Section 15-50. Early childhood construction grants. | ||||||
6 | (a) The Capital Development Board is authorized to make | ||||||
7 | grants to public school districts and not-for-profit entities | ||||||
8 | for early childhood construction projects, except that in | ||||||
9 | Fiscal Year 2024 those grants may be made only to public school | ||||||
10 | districts. These grants shall be paid out of moneys | ||||||
11 | appropriated for that purpose from the School Construction | ||||||
12 | Fund, the Build Illinois Bond Fund, or the Rebuild Illinois | ||||||
13 | Projects Fund. No grants may be awarded to entities providing | ||||||
14 | services within private residences. A public school district | ||||||
15 | or other eligible entity must provide local matching funds in | ||||||
16 | the following manner: | ||||||
17 | (1) A public school district assigned to Tier 1 under | ||||||
18 | Section 18-8.15 of the School Code or any other eligible | ||||||
19 | entity in an area encompassed by that district must | ||||||
20 | provide local matching funds in an amount equal to 3% of | ||||||
21 | the grant awarded under this Section. | ||||||
22 | (2) A public school district assigned to Tier 2 under | ||||||
23 | Section 18-8.15 of the School Code or any other eligible | ||||||
24 | entity in an area encompassed by that district must | ||||||
25 | provide local matching funds in an amount equal to 7.5% of |
| |||||||
| |||||||
1 | the grant awarded under this Section. | ||||||
2 | (3) A public school district assigned to Tier 3 under | ||||||
3 | Section 18-8.15 of the School Code or any other eligible | ||||||
4 | entity in an area encompassed by that district must | ||||||
5 | provide local matching funds in an amount equal to 8.75% | ||||||
6 | of the grant awarded under this Section. | ||||||
7 | (4) A public school district assigned to Tier 4 under | ||||||
8 | Section 18-8.15 of the School Code or any other eligible | ||||||
9 | entity in an area encompassed by that district must | ||||||
10 | provide local matching funds in an amount equal to 10% of | ||||||
11 | the grant awarded under this Section. | ||||||
12 | A public school district or other eligible entity has no | ||||||
13 | entitlement to a grant under this Section. | ||||||
14 | (b) The Capital Development Board shall adopt rules to | ||||||
15 | implement this Section. These rules need not be the same as the | ||||||
16 | rules for school construction project grants or school | ||||||
17 | maintenance project grants. The rules may specify: | ||||||
18 | (1) the manner of applying for grants; | ||||||
19 | (2) project eligibility requirements; | ||||||
20 | (3) restrictions on the use of grant moneys; | ||||||
21 | (4) the manner in which school districts and other | ||||||
22 | eligible entities must account for the use of grant | ||||||
23 | moneys; | ||||||
24 | (5) requirements that new or improved facilities be | ||||||
25 | used for early childhood and other related programs for a | ||||||
26 | period of at least 10 years; and |
| |||||||
| |||||||
1 | (6) any other provision that the Capital Development | ||||||
2 | Board determines to be necessary or useful for the | ||||||
3 | administration of this Section. | ||||||
4 | (b-5) When grants are made to non-profit corporations for | ||||||
5 | the acquisition or construction of new facilities, the Capital | ||||||
6 | Development Board or any State agency it so designates shall | ||||||
7 | hold title to or place a lien on the facility for a period of | ||||||
8 | 10 years after the date of the grant award, after which title | ||||||
9 | to the facility shall be transferred to the non-profit | ||||||
10 | corporation or the lien shall be removed, provided that the | ||||||
11 | non-profit corporation has complied with the terms of its | ||||||
12 | grant agreement. When grants are made to non-profit | ||||||
13 | corporations for the purpose of renovation or rehabilitation, | ||||||
14 | if the non-profit corporation does not comply with item (5) of | ||||||
15 | subsection (b) of this Section, the Capital Development Board | ||||||
16 | or any State agency it so designates shall recover the grant | ||||||
17 | pursuant to the procedures outlined in the Illinois Grant | ||||||
18 | Funds Recovery Act. | ||||||
19 | (c) On and after July 1, 2026, the Capital Development | ||||||
20 | Board, in consultation with the Department of Early Childhood, | ||||||
21 | shall establish standards for the determination of priority | ||||||
22 | needs concerning early childhood projects based on projects | ||||||
23 | located in communities in the State with the greatest | ||||||
24 | underserved population of young children, utilizing Census | ||||||
25 | data and other reliable local early childhood service data. | ||||||
26 | (d) In each school year in which early childhood |
| |||||||
| |||||||
1 | construction project grants are awarded, 20% of the total | ||||||
2 | amount awarded shall be awarded to a school district with a | ||||||
3 | population of more than 500,000, provided that the school | ||||||
4 | district complies with the requirements of this Section and | ||||||
5 | the rules adopted under this Section. | ||||||
6 | Section 15-55. Infant/early childhood mental health | ||||||
7 | consultations. | ||||||
8 | (a) Findings; policies. | ||||||
9 | (1) The General Assembly finds that social and | ||||||
10 | emotional development is a core, developmental domain in | ||||||
11 | young children and is codified in the Illinois Early | ||||||
12 | Learning Standards. | ||||||
13 | (2) Fostering social and emotional development in, | ||||||
14 | early childhood means both providing the supportive | ||||||
15 | settings and interactions to maximize healthy social and | ||||||
16 | emotional development for all children, as well as | ||||||
17 | providing communities, programs, and providers with | ||||||
18 | systems of tiered supports with training to respond to | ||||||
19 | more significant social and emotional challenges or where | ||||||
20 | experiences of trauma may be more prevalent. | ||||||
21 | (3) Early care and education programs and providers, | ||||||
22 | across a range of settings, have an important role to play | ||||||
23 | in supporting young children and families, especially | ||||||
24 | those who face greater challenges, such as trauma | ||||||
25 | exposure, social isolation, pervasive poverty, and toxic |
| |||||||
| |||||||
1 | stress. If programs, teaching staff, caregivers, and | ||||||
2 | providers are not provided with the support, services, and | ||||||
3 | training needed to accomplish these goals, it can lead to | ||||||
4 | children and families being asked to leave programs, | ||||||
5 | particularly without connection to more appropriate | ||||||
6 | services, thereby creating a disruption in learning and | ||||||
7 | social-emotional development. Investments in reflective | ||||||
8 | supervision, professional development specific to | ||||||
9 | diversity, equity, and inclusion practice, culturally | ||||||
10 | responsive training, implicit bias training, and how | ||||||
11 | trauma experienced during the early years can manifest in | ||||||
12 | challenging behaviors will create systems for serving | ||||||
13 | children that are informed in developmentally appropriate | ||||||
14 | and responsive supports. | ||||||
15 | (4) Studies have shown that the expulsion of infants, | ||||||
16 | toddlers, and young children in early care and education | ||||||
17 | settings is occurring at alarmingly high rates, more than | ||||||
18 | 3 times that of students in K-12; further, expulsion | ||||||
19 | occurs more frequently for Black children and Latinx | ||||||
20 | children and more frequently for boys than for girls, with | ||||||
21 | Black boys being most frequently expelled; there is | ||||||
22 | evidence to show that the expulsion of Black girls is | ||||||
23 | occurring with increasing frequency. | ||||||
24 | (5) Illinois took its first steps toward addressing | ||||||
25 | this disparity through Public Act 100-105 to prohibit | ||||||
26 | expulsion due to child behavior in early care and |
| |||||||
| |||||||
1 | education settings, but further work is needed to | ||||||
2 | implement this law, including strengthening provider | ||||||
3 | understanding of a successful transition and beginning to | ||||||
4 | identify strategies to reduce "soft expulsions" and to | ||||||
5 | ensure more young children and their teachers, providers, | ||||||
6 | and caregivers, in a range of early care and education | ||||||
7 | settings, can benefit from services, such as Infant/Early | ||||||
8 | Childhood Mental Health Consultations (I/ECMHC) and | ||||||
9 | positive behavior interventions and supports such as the | ||||||
10 | Pyramid Model. | ||||||
11 | (6) I/ECMHC is a critical component needed to align | ||||||
12 | social-emotional well-being with the public health model | ||||||
13 | of promotion, prevention, and intervention across early | ||||||
14 | care and education systems. | ||||||
15 | (b) The General Assembly encourages that all of the | ||||||
16 | following actions be taken by: | ||||||
17 | (1) the State to increase the availability of | ||||||
18 | Infant/Early Childhood Mental Health Consultations | ||||||
19 | (I/ECMHC) through increased funding in early childhood | ||||||
20 | programs and sustainable funding for coordination of | ||||||
21 | I/ECMHC and other social and emotional support at the | ||||||
22 | State level; | ||||||
23 | (2) the Department of Early Childhood, the Department | ||||||
24 | of Human Services, the Illinois State Board of Education, | ||||||
25 | and other relevant agencies to develop and promote | ||||||
26 | provider-accessible and parent-accessible materials, |
| |||||||
| |||||||
1 | including native language, on the role and value of | ||||||
2 | I/ECMHC, including targeted promotion in underserved | ||||||
3 | communities, and promote the use of existing I/ECMHCs, the | ||||||
4 | I/ECMHC consultant database, or other existing services; | ||||||
5 | (3) the State to increase funding to promote and | ||||||
6 | provide training and implementation support for systems of | ||||||
7 | tiered support, such as the Pyramid Model, across early | ||||||
8 | childhood settings and urge the Department of Early | ||||||
9 | Childhood, the Department of Human Services, the Illinois | ||||||
10 | State Board of Education, and other relevant State | ||||||
11 | agencies to coordinate efforts and develop strategies to | ||||||
12 | provide outreach to and support providers in underserved | ||||||
13 | communities and communities with fewer programmatic | ||||||
14 | resources; and | ||||||
15 | (4) State agencies to provide the data required by | ||||||
16 | Public Act 100-105, even if the data is incomplete at the | ||||||
17 | time due to data system challenges. | ||||||
18 | ARTICLE 20. POWERS AND DUTIES RELATING TO CHILD CARE AND DAY | ||||||
19 | CARE LICENSING | ||||||
20 | Section 20-5. Transition. Beginning July 1, 2024, the | ||||||
21 | Department of Early Childhood and the Department of Human | ||||||
22 | Services shall collaborate and plan for the transition of | ||||||
23 | child care services for children established in Section 5.15 | ||||||
24 | of the Children and Family Services Act. |
| |||||||
| |||||||
1 | Section 20-10. Child care. | ||||||
2 | (a) The General Assembly recognizes that families with | ||||||
3 | children need child care in order to work. Child care is | ||||||
4 | expensive and families with limited access to economic | ||||||
5 | resources, including those who are transitioning from welfare | ||||||
6 | to work, often struggle to pay the costs of day care. The | ||||||
7 | General Assembly understands the importance of helping working | ||||||
8 | families with limited access to economic resources become and | ||||||
9 | remain self-sufficient. The General Assembly also believes | ||||||
10 | that it is the responsibility of families to share in the costs | ||||||
11 | of child care. It is also the preference of the General | ||||||
12 | Assembly that all working families with limited access to | ||||||
13 | economic resources should be treated equally, regardless of | ||||||
14 | their welfare status. | ||||||
15 | (b) On and after July 1, 2026, to the extent resources | ||||||
16 | permit, the Illinois Department of Early Childhood shall | ||||||
17 | provide child care services to parents or other relatives as | ||||||
18 | defined by rule who are working or participating in employment | ||||||
19 | or Department approved education or training programs as | ||||||
20 | prescribed in Section 9A-11 of the Illinois Public Aid Code. | ||||||
21 | (c) Smart Start Child Care Program. Through June 30, 2026, | ||||||
22 | subject to appropriation, the Department of Human Services | ||||||
23 | shall establish and administer the Smart Start Child Care | ||||||
24 | Program. On and after July 1, 2026, the Department of Early | ||||||
25 | Childhood shall administer the Smart Start Child Care Program. |
| |||||||
| |||||||
1 | The Smart Start Child Care Program shall focus on creating | ||||||
2 | affordable child care, as well as increasing access to child | ||||||
3 | care, for Illinois residents and may include, but is not | ||||||
4 | limited to, providing funding to increase preschool | ||||||
5 | availability, providing funding for childcare workforce | ||||||
6 | compensation or capital investments, and expanding funding for | ||||||
7 | Early Childhood Access Consortium for Equity Scholarships. The | ||||||
8 | Department with authority to administer the Smart Start Child | ||||||
9 | Care Program shall establish program eligibility criteria, | ||||||
10 | participation conditions, payment levels, and other program | ||||||
11 | requirements by rule. The Department with authority to | ||||||
12 | administer the Smart Start Child Care Program may consult with | ||||||
13 | the Capital Development Board, the Department of Commerce and | ||||||
14 | Economic Opportunity, the State Board of Education, and the | ||||||
15 | Illinois Housing Development Authority, and other state | ||||||
16 | agencies as determined by the Department in the management and | ||||||
17 | disbursement of funds for capital-related projects. The | ||||||
18 | Capital Development Board, the Department of Commerce and | ||||||
19 | Economic Opportunity, the State Board of Education, and the | ||||||
20 | Illinois Housing Development Authority, and other state | ||||||
21 | agencies as determined by the Department shall act in a | ||||||
22 | consulting role only for the evaluation of applicants, scoring | ||||||
23 | of applicants, or administration of the grant program. | ||||||
24 | Section 20-15. Day care services. | ||||||
25 | (a) For the purpose of ensuring effective statewide |
| |||||||
| |||||||
1 | planning, development, and utilization of resources for the | ||||||
2 | day care of children, operated under various auspices, the | ||||||
3 | Department of Early Childhood is designated on and after July | ||||||
4 | 1, 2026 to coordinate all day care activities for children of | ||||||
5 | the State and shall develop or continue, and shall update | ||||||
6 | every year, a State comprehensive day care plan for submission | ||||||
7 | to the Governor that identifies high-priority areas and | ||||||
8 | groups, relating them to available resources and identifying | ||||||
9 | the most effective approaches to the use of existing day care | ||||||
10 | services. The State comprehensive day care plan shall be made | ||||||
11 | available to the General Assembly following the Governor's | ||||||
12 | approval of the plan. | ||||||
13 | The plan shall include methods and procedures for the | ||||||
14 | development of additional day care resources for children to | ||||||
15 | meet the goal of reducing short-run and long-run dependency | ||||||
16 | and to provide necessary enrichment and stimulation to the | ||||||
17 | education of young children. Recommendations shall be made for | ||||||
18 | State policy on optimum use of private and public, local, | ||||||
19 | State and federal resources, including an estimate of the | ||||||
20 | resources needed for the licensing and regulation of day care | ||||||
21 | facilities. | ||||||
22 | A written report shall be submitted to the Governor and | ||||||
23 | the General Assembly annually on April 15. The report shall | ||||||
24 | include an evaluation of developments over the preceding | ||||||
25 | fiscal year, including cost-benefit analyses of various | ||||||
26 | arrangements. Beginning with the report in 1990 submitted by |
| |||||||
| |||||||
1 | the Department's predecessor agency and every 2 years | ||||||
2 | thereafter, the report shall also include the following: | ||||||
3 | (1) An assessment of the child care services, needs | ||||||
4 | and available resources throughout the State and an | ||||||
5 | assessment of the adequacy of existing child care | ||||||
6 | services, including, but not limited to, services assisted | ||||||
7 | under this Act and under any other program administered by | ||||||
8 | other State agencies. | ||||||
9 | (2) A survey of day care facilities to determine the | ||||||
10 | number of qualified caregivers, as defined by rule, | ||||||
11 | attracted to vacant positions and any problems encountered | ||||||
12 | by facilities in attracting and retaining capable | ||||||
13 | caregivers. The report shall include an assessment, based | ||||||
14 | on the survey, of improvements in employee benefits that | ||||||
15 | may attract capable caregivers. | ||||||
16 | (3) The average wages and salaries and fringe benefit | ||||||
17 | packages paid to caregivers throughout the State, computed | ||||||
18 | on a regional basis, compared to similarly qualified | ||||||
19 | employees in other but related fields. | ||||||
20 | (4) The qualifications of new caregivers hired at | ||||||
21 | licensed day care facilities during the previous 2-year | ||||||
22 | period. | ||||||
23 | (5) Recommendations for increasing caregiver wages and | ||||||
24 | salaries to ensure quality care for children. | ||||||
25 | (6) Evaluation of the fee structure and income | ||||||
26 | eligibility for child care subsidized by the State. |
| |||||||
| |||||||
1 | (b) The Department of Early Childhood shall establish | ||||||
2 | policies and procedures for developing and implementing | ||||||
3 | interagency agreements with other agencies of the State | ||||||
4 | providing child care services or reimbursement for such | ||||||
5 | services. The plans shall be annually reviewed and modified | ||||||
6 | for the purpose of addressing issues of applicability and | ||||||
7 | service system barriers. | ||||||
8 | (c) In cooperation with other State agencies, the | ||||||
9 | Department of Early Childhood shall develop and implement, or | ||||||
10 | shall continue, a resource and referral system for the State | ||||||
11 | of Illinois either within the Department or by contract with | ||||||
12 | local or regional agencies. Funding for implementation of this | ||||||
13 | system may be provided through Department appropriations or | ||||||
14 | other interagency funding arrangements. The resource and | ||||||
15 | referral system shall provide at least the following services: | ||||||
16 | (1) Assembling and maintaining a database on the | ||||||
17 | supply of child care services. | ||||||
18 | (2) Providing information and referrals for parents. | ||||||
19 | (3) Coordinating the development of new child care | ||||||
20 | resources. | ||||||
21 | (4) Providing technical assistance and training to | ||||||
22 | child care service providers. | ||||||
23 | (5) Recording and analyzing the demand for child care | ||||||
24 | services. | ||||||
25 | (d) The Department of Early Childhood shall conduct day | ||||||
26 | care planning activities with the following priorities: |
| |||||||
| |||||||
1 | (1) Development of voluntary day care resources | ||||||
2 | wherever possible, with the provision for grants-in-aid | ||||||
3 | only where demonstrated to be useful and necessary as | ||||||
4 | incentives or supports. The Department shall design a plan | ||||||
5 | to create more child care slots as well as goals and | ||||||
6 | timetables to improve quality and accessibility of child | ||||||
7 | care. | ||||||
8 | (2) Emphasis on service to children of recipients of | ||||||
9 | public assistance when such service will allow training or | ||||||
10 | employment of the parent toward achieving the goal of | ||||||
11 | independence. | ||||||
12 | (3) Care of children from families in stress and | ||||||
13 | crises whose members potentially may become, or are in | ||||||
14 | danger of becoming, non-productive and dependent. | ||||||
15 | (4) Expansion of family day care facilities wherever | ||||||
16 | possible. | ||||||
17 | (5) Location of centers in economically depressed | ||||||
18 | neighborhoods, preferably in multi-service centers with | ||||||
19 | cooperation of other agencies. The Department shall | ||||||
20 | coordinate the provision of grants, but only to the extent | ||||||
21 | funds are specifically appropriated for this purpose, to | ||||||
22 | encourage the creation and expansion of child care centers | ||||||
23 | in high need communities to be issued by the State, | ||||||
24 | business, and local governments. | ||||||
25 | (6) Use of existing facilities free of charge or for | ||||||
26 | reasonable rental whenever possible in lieu of |
| |||||||
| |||||||
1 | construction. | ||||||
2 | (7) Development of strategies for assuring a more | ||||||
3 | complete range of day care options, including provision of | ||||||
4 | day care services in homes, in schools, or in centers, | ||||||
5 | which will enable parents to complete a course of | ||||||
6 | education or obtain or maintain employment and the | ||||||
7 | creation of more child care options for swing shift, | ||||||
8 | evening, and weekend workers and for working women with | ||||||
9 | sick children. The Department shall encourage companies to | ||||||
10 | provide child care in their own offices or in the building | ||||||
11 | in which the corporation is located so that employees of | ||||||
12 | all the building's tenants can benefit from the facility. | ||||||
13 | (8) Development of strategies for subsidizing students | ||||||
14 | pursuing degrees in the child care field. | ||||||
15 | (9) Continuation and expansion of service programs | ||||||
16 | that assist teen parents to continue and complete their | ||||||
17 | education. | ||||||
18 | Emphasis shall be given to support services that will help | ||||||
19 | to ensure such parents' graduation from high school and to | ||||||
20 | services for participants in any programs of job training | ||||||
21 | conducted by the Department. | ||||||
22 | (e) The Department of Early Childhood shall actively | ||||||
23 | stimulate the development of public and private resources at | ||||||
24 | the local level. It shall also seek the fullest utilization of | ||||||
25 | federal funds directly or indirectly available to the | ||||||
26 | Department. Where appropriate, existing non-governmental |
| |||||||
| |||||||
1 | agencies or associations shall be involved in planning by the | ||||||
2 | Department. | ||||||
3 | Section 20-20. Day care facilities for the children of | ||||||
4 | migrant workers. On and after July 1, 2026, the Department of | ||||||
5 | Early Childhood shall operate day care facilities for the | ||||||
6 | children of migrant workers in areas of the State where they | ||||||
7 | are needed. The Department of Early Childhood may provide | ||||||
8 | these day care services by contracting with private centers if | ||||||
9 | practicable. "Migrant worker" means any person who moves | ||||||
10 | seasonally from one place to another, within or without the | ||||||
11 | State, for the purpose of employment in agricultural | ||||||
12 | activities. | ||||||
13 | Section 20-25. Licensing day care facilities. | ||||||
14 | (a) Beginning July 1, 2024, the Department of Early | ||||||
15 | Childhood and the Department of Children and Family Services | ||||||
16 | shall collaborate and plan for the transition of | ||||||
17 | administrative responsibilities related to licensing day care | ||||||
18 | centers, day care homes, and group day care homes as | ||||||
19 | prescribed throughout the Child Care Act of 1969. | ||||||
20 | (b) Beginning July 1, 2026, the Department of Early | ||||||
21 | Childhood shall manage all facets of licensing for day care | ||||||
22 | centers, day care homes, and group day care homes as | ||||||
23 | prescribed throughout the Child Care Act of 1969. |
| |||||||
| |||||||
1 | Section 20-30. Off-Hours Child Care Program. | ||||||
2 | (a) Legislative intent. The General Assembly finds that: | ||||||
3 | (1) Finding child care can be a challenge for | ||||||
4 | firefighters, paramedics, police officers, nurses, and | ||||||
5 | other third shift workers across the State who often work | ||||||
6 | non-typical work hours. This can impact home life, school, | ||||||
7 | bedtime routines, job safety, and the mental health of | ||||||
8 | some of our most critical front line workers and their | ||||||
9 | families. | ||||||
10 | (2) There is a need for increased options for | ||||||
11 | off-hours child care in the State. | ||||||
12 | (3) Illinois has a vested interest in ensuring that | ||||||
13 | our first responders and working families can provide | ||||||
14 | their children with appropriate care during off hours to | ||||||
15 | improve the morale of existing first responders and to | ||||||
16 | improve recruitment into the future. | ||||||
17 | (b) As used in this Section, "first responders" means | ||||||
18 | emergency medical services personnel as defined in the | ||||||
19 | Emergency Medical Services (EMS) Systems Act, firefighters, | ||||||
20 | law enforcement officers, and, as determined by the Department | ||||||
21 | of Early Childhood on and after July 1, 2026, any other workers | ||||||
22 | who, on account of their work schedule, need child care | ||||||
23 | outside of the hours when licensed child care facilities | ||||||
24 | typically operate. | ||||||
25 | (c) Beginning July 1, 2026, the Department of Early | ||||||
26 | Childhood shall administer the Off-Hours Child Care Program to |
| |||||||
| |||||||
1 | help first responders and other workers identify and access | ||||||
2 | off-hours, night, or sleep time child care, subject to | ||||||
3 | appropriation. Services funded under the program must address | ||||||
4 | the child care needs of first responders. Funding provided | ||||||
5 | under the program may also be used to cover any capital and | ||||||
6 | operating expenses related to the provision of off-hours, | ||||||
7 | night, or sleep time child care for first responders. Funding | ||||||
8 | awarded under this Section shall be funded through | ||||||
9 | appropriations from the Off-Hours Child Care Program Fund | ||||||
10 | created under Public Act 102-912. The Department of Early | ||||||
11 | Childhood may adopt any rules necessary to implement the | ||||||
12 | program. | ||||||
13 | Section 20-35. Great START program. | ||||||
14 | (a) Through June 30, 2026, the Department of Human | ||||||
15 | Services shall, subject to a specific appropriation for this | ||||||
16 | purpose, operate a Great START (Strategy To Attract and Retain | ||||||
17 | Teachers) program. The goal of the program is to improve | ||||||
18 | children's developmental and educational outcomes in child | ||||||
19 | care by encouraging increased professional preparation by | ||||||
20 | staff and staff retention. The Great START program shall | ||||||
21 | coordinate with the TEACH professional development program. | ||||||
22 | The program shall provide wage supplements and may include | ||||||
23 | other incentives to licensed child care center personnel, | ||||||
24 | including early childhood teachers, school-age workers, early | ||||||
25 | childhood assistants, school-age assistants, and directors, as |
| |||||||
| |||||||
1 | such positions are defined by administrative rule of the | ||||||
2 | Department of Children and Family Services. The program shall | ||||||
3 | provide wage supplements and may include other incentives to | ||||||
4 | licensed family day care home personnel and licensed group day | ||||||
5 | care home personnel, including caregivers and assistants as | ||||||
6 | such positions are defined by administrative rule of the | ||||||
7 | Department of Children and Family Services. Individuals will | ||||||
8 | receive supplements commensurate with their qualifications. | ||||||
9 | (b) On and after July 1, 2026, the Department of Early | ||||||
10 | Childhood shall, subject to a specific appropriation for this | ||||||
11 | purpose, operate a Great START program. The goal of the | ||||||
12 | program is to improve children's developmental and educational | ||||||
13 | outcomes in child care by encouraging increased professional | ||||||
14 | preparation by staff and staff retention. The Great START | ||||||
15 | program shall coordinate with the TEACH professional | ||||||
16 | development program. | ||||||
17 | The program shall provide wage supplements and may include | ||||||
18 | other incentives to licensed child care center personnel, | ||||||
19 | including early childhood teachers, school-age workers, early | ||||||
20 | childhood assistants, school-age assistants, and directors, as | ||||||
21 | such positions are defined by administrative rule by the | ||||||
22 | Department pursuant to subsections (a) and this subsection. | ||||||
23 | (c) The Department, pursuant to subsections (a) and (b), | ||||||
24 | shall, by rule, define the scope and operation of the program, | ||||||
25 | including a wage supplement scale. The scale shall pay | ||||||
26 | increasing amounts for higher levels of educational attainment |
| |||||||
| |||||||
1 | beyond minimum qualifications and shall recognize longevity of | ||||||
2 | employment. Subject to the availability of sufficient | ||||||
3 | appropriation, the wage supplements shall be paid to child | ||||||
4 | care personnel in the form of bonuses at 6-month intervals. | ||||||
5 | Six months of continuous service with a single employer is | ||||||
6 | required to be eligible to receive a wage supplement bonus. | ||||||
7 | Wage supplements shall be paid directly to individual day care | ||||||
8 | personnel, not to their employers. Eligible individuals must | ||||||
9 | provide to the Department or its agent all information and | ||||||
10 | documentation, including but not limited to college | ||||||
11 | transcripts, to demonstrate their qualifications for a | ||||||
12 | particular wage supplement level. | ||||||
13 | If appropriations permit, the Department may include | ||||||
14 | one-time signing bonuses or other incentives to help providers | ||||||
15 | attract staff, provided that the signing bonuses are less than | ||||||
16 | the supplement staff would have received if they had remained | ||||||
17 | employed with another day care center or family day care home. | ||||||
18 | If appropriations permit, the Department may include | ||||||
19 | one-time longevity bonuses or other incentives to recognize | ||||||
20 | staff who have remained with a single employer. | ||||||
21 | Section 20-40. Programs to train low-income older persons | ||||||
22 | to be child care workers. On and after July 1, 2026, the | ||||||
23 | Department of Early Childhood may, in conjunction with | ||||||
24 | colleges or universities in this State, establish programs to | ||||||
25 | train low-income older persons to be child care workers. The |
| |||||||
| |||||||
1 | Department shall prescribe, by rule: | ||||||
2 | (a) age and income qualifications for persons to be | ||||||
3 | trained under such programs; and | ||||||
4 | (b) standards for such programs to ensure that such | ||||||
5 | programs train participants to be skilled workers for the | ||||||
6 | child care industry. | ||||||
7 | Section 20-45. Home child care demonstration project; | ||||||
8 | conversion and renovation grants; Department of Early | ||||||
9 | Childhood. | ||||||
10 | (a) The General Assembly finds that the demand for quality | ||||||
11 | child care far outweighs the number of safe, quality spaces | ||||||
12 | for our children. The purpose of this Section is to increase | ||||||
13 | the number of child care providers by: | ||||||
14 | (1) developing a demonstration project to train | ||||||
15 | individuals to become home child care providers who are | ||||||
16 | able to establish and operate their own child care | ||||||
17 | facility; and | ||||||
18 | (2) providing grants to convert and renovate existing | ||||||
19 | facilities. | ||||||
20 | (b) On and after July 1, 2026, the Department of Early | ||||||
21 | Childhood may from appropriations from the Child Care | ||||||
22 | Development Block Grant establish a demonstration project to | ||||||
23 | train individuals to become home child care providers who are | ||||||
24 | able to establish and operate their own home-based child care | ||||||
25 | facilities. On and after July 1, 2026, the Department of Early |
| |||||||
| |||||||
1 | Childhood is authorized to use funds for this purpose from the | ||||||
2 | child care and development funds deposited into the DHS | ||||||
3 | Special Purposes Trust Fund as described in Section 12-10 of | ||||||
4 | the Illinois Public Aid Code or deposited into the Employment | ||||||
5 | and Training Fund as described in Section 12-10.3 of the | ||||||
6 | Illinois Public Aid Code. As an economic development program, | ||||||
7 | the project's focus is to foster individual self-sufficiency | ||||||
8 | through an entrepreneurial approach by the creation of new | ||||||
9 | jobs and opening of new small home-based child care | ||||||
10 | businesses. The demonstration project shall involve | ||||||
11 | coordination among State and county governments and the | ||||||
12 | private sector, including but not limited to: the community | ||||||
13 | college system, the Departments of Labor and Commerce and | ||||||
14 | Economic Opportunity, the State Board of Education, large and | ||||||
15 | small private businesses, non-profit programs, unions, and | ||||||
16 | child care providers in the State. | ||||||
17 | (c) On and after July 1, 2026, the Department of Early | ||||||
18 | Childhood may from appropriations from the Child Care | ||||||
19 | Development Block Grant provide grants to family child care | ||||||
20 | providers and center based programs to convert and renovate | ||||||
21 | existing facilities, to the extent permitted by federal law, | ||||||
22 | so additional family child care homes and child care centers | ||||||
23 | can be located in such facilities. | ||||||
24 | (1) Applications for grants shall be made to the | ||||||
25 | Department and shall contain information as the Department | ||||||
26 | shall require by rule. Every applicant shall provide |
| |||||||
| |||||||
1 | assurance to the Department that: | ||||||
2 | (A) the facility to be renovated or improved shall | ||||||
3 | be used as family child care home or child care center | ||||||
4 | for a continuous period of at least 5 years; | ||||||
5 | (B) any family child care home or child care | ||||||
6 | center program located in a renovated or improved | ||||||
7 | facility shall be licensed by the Department; | ||||||
8 | (C) the program shall comply with applicable | ||||||
9 | federal and State laws prohibiting discrimination | ||||||
10 | against any person on the basis of race, color, | ||||||
11 | national origin, religion, creed, or sex; | ||||||
12 | (D) the grant shall not be used for purposes of | ||||||
13 | entertainment or perquisites; | ||||||
14 | (E) the applicant shall comply with any other | ||||||
15 | requirement the Department may prescribe to ensure | ||||||
16 | adherence to applicable federal, State, and county | ||||||
17 | laws; | ||||||
18 | (F) all renovations and improvements undertaken | ||||||
19 | with funds received under this Section shall comply | ||||||
20 | with all applicable State and county statutes and | ||||||
21 | ordinances including applicable building codes and | ||||||
22 | structural requirements of the Department; and | ||||||
23 | (G) the applicant shall indemnify and save | ||||||
24 | harmless the State and its officers, agents, and | ||||||
25 | employees from and against any and all claims arising | ||||||
26 | out of or resulting from the renovation and |
| |||||||
| |||||||
1 | improvements made with funds provided by this Section, | ||||||
2 | and, upon request of the Department, the applicant | ||||||
3 | shall procure sufficient insurance to provide that | ||||||
4 | indemnification. | ||||||
5 | (2) To receive a grant under this Section to convert | ||||||
6 | an existing facility into a family child care home or | ||||||
7 | child care center facility, the applicant shall: | ||||||
8 | (A) agree to make available to the Department all | ||||||
9 | records it may have relating to the operation of any | ||||||
10 | family child care home and child care center facility, | ||||||
11 | and to allow State agencies to monitor its compliance | ||||||
12 | with the purpose of this Section; | ||||||
13 | (B) agree that, if the facility is to be altered or | ||||||
14 | improved, or is to be used by other groups, moneys | ||||||
15 | appropriated by this Section shall be used for | ||||||
16 | renovating or improving the facility only to the | ||||||
17 | proportionate extent that the floor space will be used | ||||||
18 | by the child care program; and | ||||||
19 | (C) establish, to the satisfaction of the | ||||||
20 | Department, that sufficient funds are available for | ||||||
21 | the effective use of the facility for the purpose for | ||||||
22 | which it is being renovated or improved. | ||||||
23 | (3) In selecting applicants for funding, the | ||||||
24 | Department shall make every effort to ensure that family | ||||||
25 | child care home or child care center facilities are | ||||||
26 | equitably distributed throughout the State according to |
| |||||||
| |||||||
1 | demographic need. The Department shall give priority | ||||||
2 | consideration to rural/Downstate areas of the State that | ||||||
3 | are currently experiencing a shortage of child care | ||||||
4 | services. | ||||||
5 | (4) In considering applications for grants to renovate | ||||||
6 | or improve an existing facility used for the operations of | ||||||
7 | a family child care home or child care center, the | ||||||
8 | Department shall give preference to applications to | ||||||
9 | renovate facilities most in need of repair to address | ||||||
10 | safety and habitability concerns. No grant shall be | ||||||
11 | disbursed unless an agreement is entered into between the | ||||||
12 | applicant and the State, by and through the Department. | ||||||
13 | The agreement shall include the assurances and conditions | ||||||
14 | required by this Section and any other terms which the | ||||||
15 | Department may require. | ||||||
16 | ARTICLE 80. TRANSITION PROVISIONS | ||||||
17 | Section 80-5. Transfer of functions. On and after July 1, | ||||||
18 | 2026: | ||||||
19 | (a) The powers, duties, rights, and responsibilities | ||||||
20 | vested in the transferring agencies relating to early care and | ||||||
21 | education programs and services to children and families | ||||||
22 | transferred by this Act shall be vested in and shall be | ||||||
23 | exercised by the Department of Early Childhood. | ||||||
24 | (b) Personnel employed by the Department of Human Services |
| |||||||
| |||||||
1 | or the Department of Children and Family Services who are | ||||||
2 | engaged in the performance of functions transferred to the | ||||||
3 | Department or who are engaged in the administration of a law | ||||||
4 | the administration of which is transferred to the Department | ||||||
5 | shall be transferred to the Department of Early Childhood. The | ||||||
6 | status and rights of the employees and the State of Illinois or | ||||||
7 | its transferring agencies under the Personnel Code, the | ||||||
8 | Illinois Public Labor Relations Act, and applicable collective | ||||||
9 | bargaining agreements, or under any pension, retirement, or | ||||||
10 | annuity plan, shall not be affected by this Act. | ||||||
11 | (c) All books, records, papers, documents, property (real | ||||||
12 | and personal), contracts, causes of action, and pending | ||||||
13 | business pertaining to the powers, duties, rights, and | ||||||
14 | responsibilities relating to functions transferred under this | ||||||
15 | Act to the Department of Early Childhood, including, but not | ||||||
16 | limited to, material in electronic or magnetic format and | ||||||
17 | necessary computer hardware and software, shall be transferred | ||||||
18 | to the Department. | ||||||
19 | (d) Whenever reports or notices are now required to be | ||||||
20 | made or given or papers or documents furnished or served by any | ||||||
21 | person in connection with any of the powers, duties, rights, | ||||||
22 | and responsibilities relating to functions transferred by this | ||||||
23 | Act, the same shall be made, given, furnished, or served in the | ||||||
24 | same manner to or upon the Department. | ||||||
25 | (e) This Act does not affect any act done, ratified, or | ||||||
26 | canceled or any right occurring or established or any action |
| |||||||
| |||||||
1 | or proceeding had or commenced in an administrative, civil, or | ||||||
2 | criminal cause by each transferring agency relating to | ||||||
3 | functions transferred by this Act before the transfer of | ||||||
4 | responsibilities; such actions or proceedings may be | ||||||
5 | prosecuted and continued by the Department. | ||||||
6 | Section 80-10. Rules and standards. | ||||||
7 | (a) The rules and standards of the Department's | ||||||
8 | predecessor agencies that are in effect on June 30, 2026 and | ||||||
9 | pertain to the rights, powers, duties, and functions | ||||||
10 | transferred to the Department under this Act shall become the | ||||||
11 | rules and standards of the Department of Early Childhood on | ||||||
12 | July 1, 2026 and shall continue in effect until amended or | ||||||
13 | repealed by the Department. | ||||||
14 | (b) Any rules pertaining to the rights, powers, duties, | ||||||
15 | and functions transferred to the Department under this Act | ||||||
16 | that have been proposed by a predecessor agency but have not | ||||||
17 | taken effect or been finally adopted by June 30, 2026 shall | ||||||
18 | become proposed rules of the Department of Early Childhood on | ||||||
19 | July 1, 2026, and any rulemaking procedures that have already | ||||||
20 | been completed by the predecessor agency for those proposed | ||||||
21 | rules need not be repeated. | ||||||
22 | (c) As soon as practical after July 1, 2026, the | ||||||
23 | Department of Early Childhood shall revise and clarify the | ||||||
24 | rules transferred to it under this Act to reflect the | ||||||
25 | reorganization of rights, powers, duties, and functions |
| |||||||
| |||||||
1 | effected by this Act using the procedures for recodification | ||||||
2 | of rules available under the Illinois Administrative Procedure | ||||||
3 | Act, except that existing Title, Part, and Section numbering | ||||||
4 | for the affected rules may be retained. The Department may | ||||||
5 | propose and adopt under the Illinois Administrative Procedure | ||||||
6 | Act such other rules as may be necessary to consolidate and | ||||||
7 | clarify the rules of the agencies reorganized by this Act. | ||||||
8 | Section 80-15. Savings provisions. | ||||||
9 | (a) The rights, powers, duties, and functions transferred | ||||||
10 | to the Department of Early Childhood by this Act shall be | ||||||
11 | vested in and exercised by the Department subject to the | ||||||
12 | provisions of this Act. An act done by the Department or an | ||||||
13 | officer, employee, or agent of the Department in the exercise | ||||||
14 | of the transferred rights, powers, duties, or functions shall | ||||||
15 | have the same legal effect as if done by the predecessor agency | ||||||
16 | or an officer, employee, or agent of the predecessor agency. | ||||||
17 | (b) The transfer of rights, powers, duties, and functions | ||||||
18 | to the Department of Early Childhood under this Act does not | ||||||
19 | invalidate any previous action taken by or in respect to any of | ||||||
20 | its predecessor agencies or their officers, employees, or | ||||||
21 | agents. References to those predecessor agencies or their | ||||||
22 | officers, employees or agents in any document, contract, | ||||||
23 | agreement, or law shall, in appropriate contexts, be deemed to | ||||||
24 | refer to the Department or its officers, employees, or agents. | ||||||
25 | (c) The transfer of rights, powers, duties, and functions |
| |||||||
| |||||||
1 | to the Department of Early Childhood under this Act does not | ||||||
2 | affect any person's rights, obligations, or duties, including | ||||||
3 | any civil or criminal penalties applicable thereto, arising | ||||||
4 | out of those transferred rights, powers, duties, and | ||||||
5 | functions. | ||||||
6 | (d) With respect to matters that pertain to a right, | ||||||
7 | power, duty, or function transferred to the Department of | ||||||
8 | Early Childhood under this Act: | ||||||
9 | (1) Beginning July 1, 2026, a report or notice that | ||||||
10 | was previously required to be made or given by any person | ||||||
11 | to a predecessor agency or any of its officers, employees, | ||||||
12 | or agents shall be made or given in the same manner to the | ||||||
13 | Department or its appropriate officer, employee, or agent. | ||||||
14 | (2) Beginning July 1, 2026, a document that was | ||||||
15 | previously required to be furnished or served by any | ||||||
16 | person to or upon a predecessor agency or any of its | ||||||
17 | officers, employees, or agents shall be furnished or | ||||||
18 | served in the same manner to or upon the Department or its | ||||||
19 | appropriate officer, employee, or agent. | ||||||
20 | (e) This Act does not affect any act done, ratified, or | ||||||
21 | canceled, any right occurring or established, or any action or | ||||||
22 | proceeding had or commenced in an administrative, civil, or | ||||||
23 | criminal cause before July 1, 2026. Any such action or | ||||||
24 | proceeding that pertains to a right, power, duty, or function | ||||||
25 | transferred to the Department of Early Childhood under this | ||||||
26 | Act and that is pending on that date may be prosecuted, |
| |||||||
| |||||||
1 | defended, or continued by the Department of Early Childhood. | ||||||
2 | ARTICLE 90. AMENDATORY PROVISIONS | ||||||
3 | Section 90-5. The Civil Administrative Code of Illinois is | ||||||
4 | amended by changing Sections 5-10, 5-15, and 5-20 and by | ||||||
5 | adding Section 5-336 as follows: | ||||||
6 | (20 ILCS 5/5-10) (was 20 ILCS 5/2.1) | ||||||
7 | Sec. 5-10. "Director". As used in the Civil Administrative | ||||||
8 | Code of Illinois, unless the context clearly indicates | ||||||
9 | otherwise, the word "director" means the several directors of | ||||||
10 | the departments of State government as designated in Section | ||||||
11 | 5-20 of this Law and includes the Secretary of Early | ||||||
12 | Childhood, the Secretary of Financial and Professional | ||||||
13 | Regulation, the Secretary of Innovation and Technology, the | ||||||
14 | Secretary of Human Services, and the Secretary of | ||||||
15 | Transportation. | ||||||
16 | (Source: P.A. 100-611, eff. 7-20-18.) | ||||||
17 | (20 ILCS 5/5-15) (was 20 ILCS 5/3) | ||||||
18 | Sec. 5-15. Departments of State government. The | ||||||
19 | Departments of State government are created as follows: | ||||||
20 | The Department on Aging. | ||||||
21 | The Department of Agriculture. | ||||||
22 | The Department of Central Management Services. |
| |||||||
| |||||||
1 | The Department of Children and Family Services. | ||||||
2 | The Department of Commerce and Economic Opportunity. | ||||||
3 | The Department of Corrections. | ||||||
4 | The Department of Early Childhood. | ||||||
5 | The Department of Employment Security. | ||||||
6 | The Illinois Emergency Management Agency. | ||||||
7 | The Department of Financial and Professional Regulation. | ||||||
8 | The Department of Healthcare and Family Services. | ||||||
9 | The Department of Human Rights. | ||||||
10 | The Department of Human Services. | ||||||
11 | The Department of Innovation and Technology. | ||||||
12 | The Department of Insurance. | ||||||
13 | The Department of Juvenile Justice. | ||||||
14 | The Department of Labor. | ||||||
15 | The Department of the Lottery. | ||||||
16 | The Department of Natural Resources. | ||||||
17 | The Department of Public Health. | ||||||
18 | The Department of Revenue. | ||||||
19 | The Illinois State Police. | ||||||
20 | The Department of Transportation. | ||||||
21 | The Department of Veterans' Affairs. | ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
23 | (20 ILCS 5/5-20) (was 20 ILCS 5/4) | ||||||
24 | Sec. 5-20. Heads of departments. Each department shall | ||||||
25 | have an officer as its head who shall be known as director or |
| |||||||
| |||||||
1 | secretary and who shall, subject to the provisions of the | ||||||
2 | Civil Administrative Code of Illinois, execute the powers and | ||||||
3 | discharge the duties vested by law in his or her respective | ||||||
4 | department. | ||||||
5 | The following officers are hereby created: | ||||||
6 | Director of Aging, for the Department on Aging. | ||||||
7 | Director of Agriculture, for the Department of | ||||||
8 | Agriculture. | ||||||
9 | Director of Central Management Services, for the | ||||||
10 | Department of Central Management Services. | ||||||
11 | Director of Children and Family Services, for the | ||||||
12 | Department of Children and Family Services. | ||||||
13 | Director of Commerce and Economic Opportunity, for the | ||||||
14 | Department of Commerce and Economic Opportunity. | ||||||
15 | Director of Corrections, for the Department of | ||||||
16 | Corrections. | ||||||
17 | Director of the Illinois Emergency Management Agency, for | ||||||
18 | the Illinois Emergency Management Agency. | ||||||
19 | Secretary of Early Childhood, for the Department of Early | ||||||
20 | Childhood. | ||||||
21 | Director of Employment Security, for the Department of | ||||||
22 | Employment Security. | ||||||
23 | Secretary of Financial and Professional Regulation, for | ||||||
24 | the Department of Financial and Professional Regulation. | ||||||
25 | Director of Healthcare and Family Services, for the | ||||||
26 | Department of Healthcare and Family Services. |
| |||||||
| |||||||
1 | Director of Human Rights, for the Department of Human | ||||||
2 | Rights. | ||||||
3 | Secretary of Human Services, for the Department of Human | ||||||
4 | Services. | ||||||
5 | Secretary of Innovation and Technology, for the Department | ||||||
6 | of Innovation and Technology. | ||||||
7 | Director of Insurance, for the Department of Insurance. | ||||||
8 | Director of Juvenile Justice, for the Department of | ||||||
9 | Juvenile Justice. | ||||||
10 | Director of Labor, for the Department of Labor. | ||||||
11 | Director of the Lottery, for the Department of the | ||||||
12 | Lottery. | ||||||
13 | Director of Natural Resources, for the Department of | ||||||
14 | Natural Resources. | ||||||
15 | Director of Public Health, for the Department of Public | ||||||
16 | Health. | ||||||
17 | Director of Revenue, for the Department of Revenue. | ||||||
18 | Director of the Illinois State Police, for the Illinois | ||||||
19 | State Police. | ||||||
20 | Secretary of Transportation, for the Department of | ||||||
21 | Transportation. | ||||||
22 | Director of Veterans' Affairs, for the Department of | ||||||
23 | Veterans' Affairs. | ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
25 | (20 ILCS 5/5-336 new) |
| |||||||
| |||||||
1 | Sec. 5-336. In the Department of Early Childhood. For | ||||||
2 | terms beginning on or after July 1, 2024, the Secretary shall | ||||||
3 | receive an annual salary of $214,988 or as set by the Governor, | ||||||
4 | whichever is higher. On July 1, 2025, and on each July 1 | ||||||
5 | thereafter, the Secretary shall receive an increase in salary | ||||||
6 | based on the cost of living adjustment as authorized by Senate | ||||||
7 | Joint Resolution 192 of the 86th General Assembly. | ||||||
8 | Section 90-10. The Children and Family Services Act is | ||||||
9 | amended by changing Sections 5a, 5.15, 5.20, 22.1, 34.9, and | ||||||
10 | 34.10 as follows: | ||||||
11 | (20 ILCS 505/5a) (from Ch. 23, par. 5005a) | ||||||
12 | Sec. 5a. Reimbursable services for which the Department of | ||||||
13 | Children and Family Services shall pay 100% of the reasonable | ||||||
14 | cost pursuant to a written contract negotiated between the | ||||||
15 | Department and the agency furnishing the services (which shall | ||||||
16 | include but not be limited to the determination of reasonable | ||||||
17 | cost, the services being purchased and the duration of the | ||||||
18 | agreement) include, but are not limited to: | ||||||
19 | SERVICE ACTIVITIES
| ||||||
20 | Adjunctive Therapy;
| ||||||
21 | Child Care Service, including day care;
| ||||||
22 | Clinical Therapy;
| ||||||
23 | Custodial Service;
|
| |||||||
| |||||||
1 | Field Work Students;
| ||||||
2 | Food Service;
| ||||||
3 | Normal Education;
| ||||||
4 | In-Service Training;
| ||||||
5 | Intake or Evaluation, or both;
| ||||||
6 | Medical Services;
| ||||||
7 | Recreation;
| ||||||
8 | Social Work or Counselling, or both;
| ||||||
9 | Supportive Staff;
| ||||||
10 | Volunteers. | ||||||
11 | OBJECT EXPENSES
| ||||||
12 | Professional Fees and Contract Service Payments;
| ||||||
13 | Supplies;
| ||||||
14 | Telephone and Telegram;
| ||||||
15 | Occupancy;
| ||||||
16 | Local Transportation;
| ||||||
17 | Equipment and Other Fixed Assets, including amortization
| ||||||
18 | of same;
| ||||||
19 | Miscellaneous. | ||||||
20 | ADMINISTRATIVE COSTS
| ||||||
21 | Program Administration;
| ||||||
22 | Supervision and Consultation;
| ||||||
23 | Inspection and Monitoring for purposes of issuing
| ||||||
24 | licenses;
|
| |||||||
| |||||||
1 | Determination of Children who are eligible
| ||||||
2 | for federal or other reimbursement;
| ||||||
3 | Postage and Shipping;
| ||||||
4 | Outside Printing, Artwork, etc.;
| ||||||
5 | Subscriptions and Reference Publications;
| ||||||
6 | Management and General Expense. | ||||||
7 | Reimbursement of administrative costs other than inspection | ||||||
8 | and monitoring for purposes of issuing licenses may not exceed | ||||||
9 | 20% of the costs for other services. | ||||||
10 | The Department may offer services to any child or family | ||||||
11 | with respect to whom a report of suspected child abuse or | ||||||
12 | neglect has been called in to the hotline after completion of a | ||||||
13 | family assessment as provided under subsection (a-5) of | ||||||
14 | Section 7.4 of the Abused and Neglected Child Reporting Act | ||||||
15 | and the Department has determined that services are needed to | ||||||
16 | address the safety of the child and other family members and | ||||||
17 | the risk of subsequent maltreatment. Acceptance of such | ||||||
18 | services shall be voluntary. | ||||||
19 | All Object Expenses, Service Activities and Administrative | ||||||
20 | Costs are allowable. | ||||||
21 | If a survey instrument is used in the rate setting | ||||||
22 | process: | ||||||
23 | (a) with respect to any day care centers, it shall be | ||||||
24 | limited to those agencies which receive reimbursement from | ||||||
25 | the State; | ||||||
26 | (b) the cost survey instrument shall be promulgated by |
| |||||||
| |||||||
1 | rule; | ||||||
2 | (c) any requirements of the respondents shall be | ||||||
3 | promulgated by rule; | ||||||
4 | (d) all screens, limits or other tests of | ||||||
5 | reasonableness, allowability and reimbursability shall be | ||||||
6 | promulgated by rule; | ||||||
7 | (e) adjustments may be made by the Department to rates | ||||||
8 | when it determines that reported wage and salary levels | ||||||
9 | are insufficient to attract capable caregivers in | ||||||
10 | sufficient numbers. | ||||||
11 | The Department of Children and Family Services may pay | ||||||
12 | 100% of the reasonable costs of research and valuation focused | ||||||
13 | exclusively on services to youth in care. Such research | ||||||
14 | projects must be approved, in advance, by the Director of the | ||||||
15 | Department. | ||||||
16 | In addition to reimbursements otherwise provided for in | ||||||
17 | this Section, the Department of Human Services, through June | ||||||
18 | 30, 2026 and Department of Early Childhood beginning on and | ||||||
19 | after July 1, 2026, shall, in accordance with annual written | ||||||
20 | agreements, make advance quarterly disbursements to local | ||||||
21 | public agencies for child day care services with funds | ||||||
22 | appropriated from the Local Effort Day Care Fund. | ||||||
23 | Neither the Department of Children and Family Services nor | ||||||
24 | the Department of Human Services through June 30, 2026 and the | ||||||
25 | Department of Early Childhood beginning on and after July 1, | ||||||
26 | 2026 shall pay or approve reimbursement for day care in a |
| |||||||
| |||||||
1 | facility which is operating without a valid license or permit, | ||||||
2 | except in the case of day care homes or day care centers which | ||||||
3 | are exempt from the licensing requirements of the Child Care | ||||||
4 | Act of 1969. | ||||||
5 | The rates paid to day care providers by the Department of | ||||||
6 | Children and Family Services shall match the rates paid to | ||||||
7 | child care providers by the Department of Human Services, | ||||||
8 | including base rates and any relevant rate enhancements | ||||||
9 | through June 30, 2026. On and after July 1, 2026, the | ||||||
10 | Department of Early Childhood shall pay day care providers, | ||||||
11 | who service the Department of Children and Family Services | ||||||
12 | under the child care assistance program, including base rates | ||||||
13 | and any relevant rate enhancements. | ||||||
14 | In addition to reimbursements otherwise provided for in | ||||||
15 | this Section, the Department of Human Services shall, in | ||||||
16 | accordance with annual written agreements, make advance | ||||||
17 | quarterly disbursements to local public agencies for child day | ||||||
18 | care services with funds appropriated from the Local Effort | ||||||
19 | Day Care Fund. | ||||||
20 | Neither the Department of Children and Family Services nor | ||||||
21 | the Department of Human Services shall pay or approve | ||||||
22 | reimbursement for day care in a facility which is operating | ||||||
23 | without a valid license or permit, except in the case of day | ||||||
24 | care homes or day care centers which are exempt from the | ||||||
25 | licensing requirements of the "Child Care Act of 1969". | ||||||
26 | The rates paid to day care providers by the Department of |
| |||||||
| |||||||
1 | Children and Family Services shall match the rates paid to | ||||||
2 | child care providers by the Department of Human Services under | ||||||
3 | the child care assistance program, including base rates and | ||||||
4 | any relevant rate enhancements. | ||||||
5 | (Source: P.A. 102-926, eff. 7-1-23 .) | ||||||
6 | (20 ILCS 505/5.15) | ||||||
7 | Sec. 5.15. Day care Daycare ; Department of Human Services. | ||||||
8 | (a) For the purpose of ensuring effective statewide | ||||||
9 | planning, development, and utilization of resources for the | ||||||
10 | day care of children, operated under various auspices, the | ||||||
11 | Department of Human Services is designated to coordinate all | ||||||
12 | day care activities for children of the State and shall | ||||||
13 | develop or continue, and shall update every year, a State | ||||||
14 | comprehensive day-care plan for submission to the Governor | ||||||
15 | that identifies high-priority areas and groups, relating them | ||||||
16 | to available resources and identifying the most effective | ||||||
17 | approaches to the use of existing day care services. The State | ||||||
18 | comprehensive day-care plan shall be made available to the | ||||||
19 | General Assembly following the Governor's approval of the | ||||||
20 | plan. | ||||||
21 | The plan shall include methods and procedures for the | ||||||
22 | development of additional day care resources for children to | ||||||
23 | meet the goal of reducing short-run and long-run dependency | ||||||
24 | and to provide necessary enrichment and stimulation to the | ||||||
25 | education of young children. Recommendations shall be made for |
| |||||||
| |||||||
1 | State policy on optimum use of private and public, local, | ||||||
2 | State and federal resources, including an estimate of the | ||||||
3 | resources needed for the licensing and regulation of day care | ||||||
4 | facilities. | ||||||
5 | A written report shall be submitted to the Governor and | ||||||
6 | the General Assembly annually on April 15. The report shall | ||||||
7 | include an evaluation of developments over the preceding | ||||||
8 | fiscal year, including cost-benefit analyses of various | ||||||
9 | arrangements. Beginning with the report in 1990 submitted by | ||||||
10 | the Department's predecessor agency and every 2 years | ||||||
11 | thereafter, the report shall also include the following: | ||||||
12 | (1) An assessment of the child care services, needs | ||||||
13 | and available resources throughout the State and an | ||||||
14 | assessment of the adequacy of existing child care | ||||||
15 | services, including, but not limited to, services assisted | ||||||
16 | under this Act and under any other program administered by | ||||||
17 | other State agencies. | ||||||
18 | (2) A survey of day care facilities to determine the | ||||||
19 | number of qualified caregivers, as defined by rule, | ||||||
20 | attracted to vacant positions and any problems encountered | ||||||
21 | by facilities in attracting and retaining capable | ||||||
22 | caregivers. The report shall include an assessment, based | ||||||
23 | on the survey, of improvements in employee benefits that | ||||||
24 | may attract capable caregivers. | ||||||
25 | (3) The average wages and salaries and fringe benefit | ||||||
26 | packages paid to caregivers throughout the State, computed |
| |||||||
| |||||||
1 | on a regional basis, compared to similarly qualified | ||||||
2 | employees in other but related fields. | ||||||
3 | (4) The qualifications of new caregivers hired at | ||||||
4 | licensed day care facilities during the previous 2-year | ||||||
5 | period. | ||||||
6 | (5) Recommendations for increasing caregiver wages and | ||||||
7 | salaries to ensure quality care for children. | ||||||
8 | (6) Evaluation of the fee structure and income | ||||||
9 | eligibility for child care subsidized by the State. | ||||||
10 | The requirement for reporting to the General Assembly | ||||||
11 | shall be satisfied by filing copies of the report as required | ||||||
12 | by Section 3.1 of the General Assembly Organization Act, and | ||||||
13 | filing such additional copies with the State Government Report | ||||||
14 | Distribution Center for the General Assembly as is required | ||||||
15 | under paragraph (t) of Section 7 of the State Library Act. | ||||||
16 | (b) The Department of Human Services shall establish | ||||||
17 | policies and procedures for developing and implementing | ||||||
18 | interagency agreements with other agencies of the State | ||||||
19 | providing child care services or reimbursement for such | ||||||
20 | services. The plans shall be annually reviewed and modified | ||||||
21 | for the purpose of addressing issues of applicability and | ||||||
22 | service system barriers. | ||||||
23 | (c) In cooperation with other State agencies, the | ||||||
24 | Department of Human Services shall develop and implement, or | ||||||
25 | shall continue, a resource and referral system for the State | ||||||
26 | of Illinois either within the Department or by contract with |
| |||||||
| |||||||
1 | local or regional agencies. Funding for implementation of this | ||||||
2 | system may be provided through Department appropriations or | ||||||
3 | other inter-agency funding arrangements. The resource and | ||||||
4 | referral system shall provide at least the following services: | ||||||
5 | (1) Assembling and maintaining a data base on the | ||||||
6 | supply of child care services. | ||||||
7 | (2) Providing information and referrals for parents. | ||||||
8 | (3) Coordinating the development of new child care | ||||||
9 | resources. | ||||||
10 | (4) Providing technical assistance and training to | ||||||
11 | child care service providers. | ||||||
12 | (5) Recording and analyzing the demand for child care | ||||||
13 | services. | ||||||
14 | (d) The Department of Human Services shall conduct day | ||||||
15 | care planning activities with the following priorities: | ||||||
16 | (1) Development of voluntary day care resources | ||||||
17 | wherever possible, with the provision for grants-in-aid | ||||||
18 | only where demonstrated to be useful and necessary as | ||||||
19 | incentives or supports. By January 1, 2002, the Department | ||||||
20 | shall design a plan to create more child care slots as well | ||||||
21 | as goals and timetables to improve quality and | ||||||
22 | accessibility of child care. | ||||||
23 | (2) Emphasis on service to children of recipients of | ||||||
24 | public assistance when such service will allow training or | ||||||
25 | employment of the parent toward achieving the goal of | ||||||
26 | independence. |
| |||||||
| |||||||
1 | (3) (Blank). | ||||||
2 | (4) Care of children from families in stress and | ||||||
3 | crises whose members potentially may become, or are in | ||||||
4 | danger of becoming, non-productive and dependent. | ||||||
5 | (5) Expansion of family day care facilities wherever | ||||||
6 | possible. | ||||||
7 | (6) Location of centers in economically depressed | ||||||
8 | neighborhoods, preferably in multi-service centers with | ||||||
9 | cooperation of other agencies. The Department shall | ||||||
10 | coordinate the provision of grants, but only to the extent | ||||||
11 | funds are specifically appropriated for this purpose, to | ||||||
12 | encourage the creation and expansion of child care centers | ||||||
13 | in high need communities to be issued by the State, | ||||||
14 | business, and local governments. | ||||||
15 | (7) Use of existing facilities free of charge or for | ||||||
16 | reasonable rental whenever possible in lieu of | ||||||
17 | construction. | ||||||
18 | (8) Development of strategies for assuring a more | ||||||
19 | complete range of day care options, including provision of | ||||||
20 | day care services in homes, in schools, or in centers, | ||||||
21 | which will enable a parent or parents to complete a course | ||||||
22 | of education or obtain or maintain employment and the | ||||||
23 | creation of more child care options for swing shift, | ||||||
24 | evening, and weekend workers and for working women with | ||||||
25 | sick children. The Department shall encourage companies to | ||||||
26 | provide child care in their own offices or in the building |
| |||||||
| |||||||
1 | in which the corporation is located so that employees of | ||||||
2 | all the building's tenants can benefit from the facility. | ||||||
3 | (9) Development of strategies for subsidizing students | ||||||
4 | pursuing degrees in the child care field. | ||||||
5 | (10) Continuation and expansion of service programs | ||||||
6 | that assist teen parents to continue and complete their | ||||||
7 | education. | ||||||
8 | Emphasis shall be given to support services that will help | ||||||
9 | to ensure such parents' graduation from high school and to | ||||||
10 | services for participants in any programs of job training | ||||||
11 | conducted by the Department. | ||||||
12 | (e) The Department of Human Services shall actively | ||||||
13 | stimulate the development of public and private resources at | ||||||
14 | the local level. It shall also seek the fullest utilization of | ||||||
15 | federal funds directly or indirectly available to the | ||||||
16 | Department. | ||||||
17 | Where appropriate, existing non-governmental agencies or | ||||||
18 | associations shall be involved in planning by the Department. | ||||||
19 | (f) To better accommodate the child care needs of low | ||||||
20 | income working families, especially those who receive | ||||||
21 | Temporary Assistance for Needy Families (TANF) or who are | ||||||
22 | transitioning from TANF to work, or who are at risk of | ||||||
23 | depending on TANF in the absence of child care, the Department | ||||||
24 | shall complete a study using outcome-based assessment | ||||||
25 | measurements to analyze the various types of child care needs, | ||||||
26 | including but not limited to: child care homes; child care |
| |||||||
| |||||||
1 | facilities; before and after school care; and evening and | ||||||
2 | weekend care. Based upon the findings of the study, the | ||||||
3 | Department shall develop a plan by April 15, 1998, that | ||||||
4 | identifies the various types of child care needs within | ||||||
5 | various geographic locations. The plan shall include, but not | ||||||
6 | be limited to, the special needs of parents and guardians in | ||||||
7 | need of non-traditional child care services such as early | ||||||
8 | mornings, evenings, and weekends; the needs of very low income | ||||||
9 | families and children and how they might be better served; and | ||||||
10 | strategies to assist child care providers to meet the needs | ||||||
11 | and schedules of low income families. | ||||||
12 | (g) This Section is repealed on July 1, 2026. | ||||||
13 | (Source: P.A. 100-1148, eff. 12-10-18.) | ||||||
14 | (20 ILCS 505/5.20) | ||||||
15 | Sec. 5.20. Child care for former public aid recipients; | ||||||
16 | Department of Human Services. The Department of Human Services | ||||||
17 | may provide child care services to former recipients of | ||||||
18 | assistance under the Illinois Public Aid Code as authorized by | ||||||
19 | Section 9-6.3 of that Code. This Section is repealed on July 1, | ||||||
20 | 2026. | ||||||
21 | (Source: P.A. 89-507, eff. 7-1-97.) | ||||||
22 | (20 ILCS 505/22.1) (from Ch. 23, par. 5022.1) | ||||||
23 | Sec. 22.1. Grants-in-aid for child care services; | ||||||
24 | Department of Human Services. |
| |||||||
| |||||||
1 | (a) Blank. | ||||||
2 | (b) Blank. | ||||||
3 | (c) The Department of Human Services shall establish and | ||||||
4 | operate day care facilities for the children of migrant | ||||||
5 | workers in areas of the State where they are needed. The | ||||||
6 | Department may provide these day care services by contracting | ||||||
7 | with private centers if practicable. "Migrant worker" means | ||||||
8 | any person who moves seasonally from one place to another, | ||||||
9 | within or without the State, for the purpose of employment in | ||||||
10 | agricultural activities. This Section is repealed on July 1, | ||||||
11 | 2026. | ||||||
12 | (Source: P.A. 97-516, eff. 8-23-11.) | ||||||
13 | (20 ILCS 505/34.9) (from Ch. 23, par. 5034.9) | ||||||
14 | Sec. 34.9. The Department may, in conjunction with | ||||||
15 | colleges or universities in this State, establish programs to | ||||||
16 | train low-income older persons to be child care workers. The | ||||||
17 | Department shall prescribe, by rule: | ||||||
18 | (a) age and income qualifications for persons to be | ||||||
19 | trained under such programs; and | ||||||
20 | (b) standards for such programs to ensure that such | ||||||
21 | programs train participants to be skilled workers for the | ||||||
22 | child care industry. | ||||||
23 | This Section is repealed on July 1, 2026. | ||||||
24 | (Source: P.A. 86-889.) |
| |||||||
| |||||||
1 | (20 ILCS 505/34.10) (from Ch. 23, par. 5034.10) | ||||||
2 | Sec. 34.10. Home child care demonstration project; | ||||||
3 | conversion and renovation grants; Department of Human | ||||||
4 | Services. | ||||||
5 | (a) The legislature finds that the demand for quality | ||||||
6 | child care far outweighs the number of safe, quality spaces | ||||||
7 | for our children. The purpose of this Section is to increase | ||||||
8 | the number of child care providers by: | ||||||
9 | (1) developing a demonstration project to train | ||||||
10 | individuals to become home child care providers who are | ||||||
11 | able to establish and operate their own child care | ||||||
12 | facility; and | ||||||
13 | (2) providing grants to convert and renovate existing | ||||||
14 | facilities. | ||||||
15 | (b) The Department of Human Services may from | ||||||
16 | appropriations from the Child Care Development Block Grant | ||||||
17 | establish a demonstration project to train individuals to | ||||||
18 | become home child care providers who are able to establish and | ||||||
19 | operate their own home-based child care facilities. The | ||||||
20 | Department of Human Services is authorized to use funds for | ||||||
21 | this purpose from the child care and development funds | ||||||
22 | deposited into the DHS Special Purposes Trust Fund as | ||||||
23 | described in Section 12-10 of the Illinois Public Aid Code or | ||||||
24 | deposited into the Employment and Training Fund as described | ||||||
25 | in Section 12-10.3 of the Illinois Public Aid Code. As an | ||||||
26 | economic development program, the project's focus is to foster |
| |||||||
| |||||||
1 | individual self-sufficiency through an entrepreneurial | ||||||
2 | approach by the creation of new jobs and opening of new small | ||||||
3 | home-based child care businesses. The demonstration project | ||||||
4 | shall involve coordination among State and county governments | ||||||
5 | and the private sector, including but not limited to: the | ||||||
6 | community college system, the Departments of Labor and | ||||||
7 | Commerce and Economic Opportunity, the State Board of | ||||||
8 | Education, large and small private businesses, nonprofit | ||||||
9 | programs, unions, and child care providers in the State. | ||||||
10 | The Department shall submit: | ||||||
11 | (1) a progress report on the demonstration project to | ||||||
12 | the legislature by one year after January 1, 1992 (the | ||||||
13 | effective date of Public Act 87-332); and | ||||||
14 | (2) a final evaluation report on the demonstration | ||||||
15 | project, including findings and recommendations, to the | ||||||
16 | legislature by one year after the due date of the progress | ||||||
17 | report. | ||||||
18 | (c) The Department of Human Services may from | ||||||
19 | appropriations from the Child Care Development Block Grant | ||||||
20 | provide grants to family child care providers and center based | ||||||
21 | programs to convert and renovate existing facilities, to the | ||||||
22 | extent permitted by federal law, so additional family child | ||||||
23 | care homes and child care centers can be located in such | ||||||
24 | facilities. | ||||||
25 | (1) Applications for grants shall be made to the | ||||||
26 | Department and shall contain information as the Department |
| |||||||
| |||||||
1 | shall require by rule. Every applicant shall provide | ||||||
2 | assurance to the Department that: | ||||||
3 | (A) the facility to be renovated or improved shall | ||||||
4 | be used as family child care home or child care center | ||||||
5 | for a continuous period of at least 5 years; | ||||||
6 | (B) any family child care home or child care | ||||||
7 | center program located in a renovated or improved | ||||||
8 | facility shall be licensed by the Department; | ||||||
9 | (C) the program shall comply with applicable | ||||||
10 | federal and State laws prohibiting discrimination | ||||||
11 | against any person on the basis of race, color, | ||||||
12 | national origin, religion, creed, or sex; | ||||||
13 | (D) the grant shall not be used for purposes of | ||||||
14 | entertainment or perquisites; | ||||||
15 | (E) the applicant shall comply with any other | ||||||
16 | requirement the Department may prescribe to ensure | ||||||
17 | adherence to applicable federal, State, and county | ||||||
18 | laws; | ||||||
19 | (F) all renovations and improvements undertaken | ||||||
20 | with funds received under this Section shall comply | ||||||
21 | with all applicable State and county statutes and | ||||||
22 | ordinances including applicable building codes and | ||||||
23 | structural requirements of the Department; and | ||||||
24 | (G) the applicant shall indemnify and save | ||||||
25 | harmless the State and its officers, agents, and | ||||||
26 | employees from and against any and all claims arising |
| |||||||
| |||||||
1 | out of or resulting from the renovation and | ||||||
2 | improvements made with funds provided by this Section, | ||||||
3 | and, upon request of the Department, the applicant | ||||||
4 | shall procure sufficient insurance to provide that | ||||||
5 | indemnification. | ||||||
6 | (2) To receive a grant under this Section to convert | ||||||
7 | an existing facility into a family child care home or | ||||||
8 | child care center facility, the applicant shall: | ||||||
9 | (A) agree to make available to the Department of | ||||||
10 | Human Services all records it may have relating to the | ||||||
11 | operation of any family child care home and child care | ||||||
12 | center facility, and to allow State agencies to | ||||||
13 | monitor its compliance with the purpose of this | ||||||
14 | Section; | ||||||
15 | (B) agree that, if the facility is to be altered or | ||||||
16 | improved, or is to be used by other groups, moneys | ||||||
17 | appropriated by this Section shall be used for | ||||||
18 | renovating or improving the facility only to the | ||||||
19 | proportionate extent that the floor space will be used | ||||||
20 | by the child care program; and | ||||||
21 | (C) establish, to the satisfaction of the | ||||||
22 | Department , that sufficient funds are available for | ||||||
23 | the effective use of the facility for the purpose for | ||||||
24 | which it is being renovated or improved. | ||||||
25 | (3) In selecting applicants for funding, the | ||||||
26 | Department shall make every effort to ensure that family |
| |||||||
| |||||||
1 | child care home or child care center facilities are | ||||||
2 | equitably distributed throughout the State according to | ||||||
3 | demographic need. The Department shall give priority | ||||||
4 | consideration to rural/Downstate areas of the State that | ||||||
5 | are currently experiencing a shortage of child care | ||||||
6 | services. | ||||||
7 | (4) In considering applications for grants to renovate | ||||||
8 | or improve an existing facility used for the operations of | ||||||
9 | a family child care home or child care center, the | ||||||
10 | Department shall give preference to applications to | ||||||
11 | renovate facilities most in need of repair to address | ||||||
12 | safety and habitability concerns. No grant shall be | ||||||
13 | disbursed unless an agreement is entered into between the | ||||||
14 | applicant and the State, by and through the Department. | ||||||
15 | The agreement shall include the assurances and conditions | ||||||
16 | required by this Section and any other terms which the | ||||||
17 | Department may require. | ||||||
18 | (d) This Section is repealed on July 1, 2026. | ||||||
19 | (Source: P.A. 103-363, eff. 7-28-23.) | ||||||
20 | Section 90-15. The Department of Human Services Act is | ||||||
21 | amended by changing Sections 1-75, 10-16, and 10-22 as | ||||||
22 | follows: | ||||||
23 | (20 ILCS 1305/1-75) | ||||||
24 | Sec. 1-75. Off-Hours Child Care Program. |
| |||||||
| |||||||
1 | (a) Legislative intent. The General Assembly finds that: | ||||||
2 | (1) Finding child care can be a challenge for | ||||||
3 | firefighters, paramedics, police officers, nurses, and | ||||||
4 | other third shift workers across the State who often work | ||||||
5 | non-typical work hours. This can impact home life, school, | ||||||
6 | bedtime routines, job safety, and the mental health of | ||||||
7 | some of our most critical front line workers and their | ||||||
8 | families. | ||||||
9 | (2) There is a need for increased options for | ||||||
10 | off-hours child care in the State. A majority of the | ||||||
11 | State's child care facilities do not provide care outside | ||||||
12 | of normal work hours, with just 3,251 day care homes and | ||||||
13 | 435 group day care homes that provide night care. | ||||||
14 | (3) Illinois has a vested interest in ensuring that | ||||||
15 | our first responders and working families can provide | ||||||
16 | their children with appropriate care during off hours to | ||||||
17 | improve the morale of existing first responders and to | ||||||
18 | improve recruitment into the future. | ||||||
19 | (b) As used in this Section, "first responders" means | ||||||
20 | emergency medical services personnel as defined in the | ||||||
21 | Emergency Medical Services (EMS) Systems Act, firefighters, | ||||||
22 | law enforcement officers, and, as determined by the | ||||||
23 | Department, any other workers who, on account of their work | ||||||
24 | schedule, need child care outside of the hours when licensed | ||||||
25 | child care facilities typically operate. | ||||||
26 | (c) Subject to appropriation, the Department of Human |
| |||||||
| |||||||
1 | Services shall establish and administer an Off-Hours Child | ||||||
2 | Care Program to help first responders and other workers | ||||||
3 | identify and access off-hours, night, or sleep time child | ||||||
4 | care. Services funded under the program must address the child | ||||||
5 | care needs of first responders. Funding provided under the | ||||||
6 | program may also be used to cover any capital and operating | ||||||
7 | expenses related to the provision of off-hours, night, or | ||||||
8 | sleep time child care for first responders. Funding awarded | ||||||
9 | under this Section shall be funded through appropriations from | ||||||
10 | the Off-Hours Child Care Program Fund created under subsection | ||||||
11 | (d). The Department shall implement the program by July 1, | ||||||
12 | 2023. The Department may adopt any rules necessary to | ||||||
13 | implement the program. | ||||||
14 | (d) The Off-Hours Child Care Program Fund is created as a | ||||||
15 | special fund in the State treasury. The Fund shall consist of | ||||||
16 | any moneys appropriated to the Department of Human Services | ||||||
17 | for the Off-Hours Child Care Program. Moneys in the Fund shall | ||||||
18 | be expended for the Off-Hours Child Care Program and for no | ||||||
19 | other purpose. All interest earned on moneys in the Fund shall | ||||||
20 | be deposited into the Fund. | ||||||
21 | (e) This Section is repealed on July 1, 2026. | ||||||
22 | (Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.) | ||||||
23 | (20 ILCS 1305/10-16) | ||||||
24 | Sec. 10-16. Home visiting program. | ||||||
25 | (a) The General Assembly finds that research-informed home |
| |||||||
| |||||||
1 | visiting programs work to strengthen families' functioning and | ||||||
2 | support parents in caring for their children to ensure optimal | ||||||
3 | child development. | ||||||
4 | (b) The Department shall establish a home visiting program | ||||||
5 | to support communities in providing intensive home visiting | ||||||
6 | programs to pregnant persons and families with children from | ||||||
7 | birth up to elementary school enrollment. Services shall be | ||||||
8 | offered on a voluntary basis to families. In awarding grants | ||||||
9 | under the program, the Department shall prioritize populations | ||||||
10 | or communities in need of such services, as determined by the | ||||||
11 | Department, based on data including, but not limited to, | ||||||
12 | statewide home visiting needs assessments. Eligibility under | ||||||
13 | the program shall also take into consideration requirements of | ||||||
14 | the federal Maternal, Infant, and Early Childhood Home | ||||||
15 | Visiting Program and Head Start and Early Head Start to ensure | ||||||
16 | appropriate alignment. The overall goals for these services | ||||||
17 | are to: | ||||||
18 | (1) improve maternal and newborn health; | ||||||
19 | (2) prevent child abuse and neglect; | ||||||
20 | (3) promote children's development and readiness to | ||||||
21 | participate in school; and | ||||||
22 | (4) connect families to needed community resources and | ||||||
23 | supports. | ||||||
24 | (b) Allowable uses of funding include: | ||||||
25 | (1) Grants to community-based organizations to | ||||||
26 | implement home visiting and family support services with |
| |||||||
| |||||||
1 | fidelity to research-informed home visiting program | ||||||
2 | models, as defined by the Department. Services may | ||||||
3 | include, but are not limited to: | ||||||
4 | (A) personal visits with a child and the child's | ||||||
5 | parent or caregiver at a periodicity aligned with the | ||||||
6 | model being implemented; | ||||||
7 | (B) opportunities for connections with other | ||||||
8 | parents and caregivers in their community and other | ||||||
9 | social and community supports; | ||||||
10 | (C) enhancements to research-informed home | ||||||
11 | visiting program models based on community needs | ||||||
12 | including doula services, and other program | ||||||
13 | innovations as approved by the Department; and | ||||||
14 | (D) referrals to other resources needed by | ||||||
15 | families. | ||||||
16 | (2) Infrastructure supports for grantees, including, | ||||||
17 | but not limited to, professional development for the | ||||||
18 | workforce, technical assistance and capacity-building, | ||||||
19 | data system and supports, infant and early childhood | ||||||
20 | mental health consultation, trauma-informed practices, | ||||||
21 | research, universal newborn screening, and coordinated | ||||||
22 | intake. | ||||||
23 | (c) Subject to appropriation, the Department shall award | ||||||
24 | grants to community-based agencies in accordance with this | ||||||
25 | Section and any other rules that may be adopted by the | ||||||
26 | Department. Successful grantees under this program shall |
| |||||||
| |||||||
1 | comply with policies and procedures on program, data, and | ||||||
2 | expense reporting as developed by the Department. | ||||||
3 | (d) Funds received under this Section shall supplement, | ||||||
4 | not supplant, other existing or new federal, State, or local | ||||||
5 | sources of funding for these services. Any new federal funding | ||||||
6 | received shall supplement and not supplant funding for this | ||||||
7 | program. | ||||||
8 | (e) The Department shall collaborate with relevant | ||||||
9 | agencies to support the coordination and alignment of home | ||||||
10 | visiting services provided through other State and federal | ||||||
11 | funds, to the extent possible. The Department shall | ||||||
12 | collaborate with the State Board of Education, the Department | ||||||
13 | of Healthcare and Family Services, and Head Start and Early | ||||||
14 | Head Start in the implementation of these services to support | ||||||
15 | alignment with home visiting services provided through the | ||||||
16 | Early Childhood Block Grant and the State's Medical Assistance | ||||||
17 | Program, respectively, to the extent possible. | ||||||
18 | (f) An advisory committee shall advise the Department | ||||||
19 | concerning the implementation of the home visiting program. | ||||||
20 | The advisory committee shall make recommendations on policy | ||||||
21 | and implementation. The Department shall determine whether the | ||||||
22 | advisory committee shall be a newly created body or an | ||||||
23 | existing body such as a committee of the Illinois Early | ||||||
24 | Learning Council. The advisory committee shall consist of one | ||||||
25 | or more representatives of the Department, other members | ||||||
26 | representing public and private entities that serve and |
| |||||||
| |||||||
1 | interact with the families served under the home visiting | ||||||
2 | program, with the input of families engaged in home visiting | ||||||
3 | or related services themselves. Family input may be secured by | ||||||
4 | engaging families as members of this advisory committee or as | ||||||
5 | a separate committee of family representatives. | ||||||
6 | (g) The Department may adopt any rules necessary to | ||||||
7 | implement this Section. | ||||||
8 | (i) This Section is repealed on July 1, 2026. | ||||||
9 | (Source: P.A. 103-498, eff. 1-1-24 .) | ||||||
10 | (20 ILCS 1305/10-22) | ||||||
11 | Sec. 10-22. Great START program. | ||||||
12 | (a) The Department of Human Services shall, subject to a | ||||||
13 | specific appropriation for this purpose, operate a Great START | ||||||
14 | (Strategy To Attract and Retain Teachers) program. The goal of | ||||||
15 | the program is to improve children's developmental and | ||||||
16 | educational outcomes in child care by encouraging increased | ||||||
17 | professional preparation by staff and staff retention. The | ||||||
18 | Great START program shall coordinate with the TEACH | ||||||
19 | professional development program. | ||||||
20 | The program shall provide wage supplements and may include | ||||||
21 | other incentives to licensed child care center personnel, | ||||||
22 | including early childhood teachers, school-age workers, early | ||||||
23 | childhood assistants, school-age assistants, and directors, as | ||||||
24 | such positions are defined by administrative rule of the | ||||||
25 | Department of Children and Family Services. The program shall |
| |||||||
| |||||||
1 | provide wage supplements and may include other incentives to | ||||||
2 | licensed family day care home personnel and licensed group day | ||||||
3 | care home personnel, including caregivers and assistants as | ||||||
4 | such positions are defined by administrative rule of the | ||||||
5 | Department of Children and Family Services. Individuals will | ||||||
6 | receive supplements commensurate with their qualifications. | ||||||
7 | (b) (Blank). | ||||||
8 | (c) The Department shall, by rule, define the scope and | ||||||
9 | operation of the program, including a wage supplement scale. | ||||||
10 | The scale shall pay increasing amounts for higher levels of | ||||||
11 | educational attainment beyond minimum qualifications and shall | ||||||
12 | recognize longevity of employment. Subject to the availability | ||||||
13 | of sufficient appropriation, the wage supplements shall be | ||||||
14 | paid to child care personnel in the form of bonuses at 6 month | ||||||
15 | intervals. Six months of continuous service with a single | ||||||
16 | employer is required to be eligible to receive a wage | ||||||
17 | supplement bonus. Wage supplements shall be paid directly to | ||||||
18 | individual day care personnel, not to their employers. | ||||||
19 | Eligible individuals must provide to the Department or its | ||||||
20 | agent all information and documentation, including but not | ||||||
21 | limited to college transcripts, to demonstrate their | ||||||
22 | qualifications for a particular wage supplement level. | ||||||
23 | If appropriations permit, the Department may include | ||||||
24 | one-time signing bonuses or other incentives to help providers | ||||||
25 | attract staff, provided that the signing bonuses are less than | ||||||
26 | the supplement staff would have received if they had remained |
| |||||||
| |||||||
1 | employed with another day care center or family day care home. | ||||||
2 | If appropriations permit, the Department may include | ||||||
3 | one-time longevity bonuses or other incentives to recognize | ||||||
4 | staff who have remained with a single employer. | ||||||
5 | (d) (Blank). | ||||||
6 | (e) This Section is repealed on July 1, 2026. | ||||||
7 | (Source: P.A. 93-711, eff. 7-12-04.) | ||||||
8 | Section 90-20. The Illinois Early Learning Council Act is | ||||||
9 | amended by changing Section 10 as follows: | ||||||
10 | (20 ILCS 3933/10) | ||||||
11 | Sec. 10. Membership. The Illinois Early Learning Council | ||||||
12 | shall include representation from both public and private | ||||||
13 | organizations, and its membership shall reflect regional, | ||||||
14 | racial, and cultural diversity to ensure representation of the | ||||||
15 | needs of all Illinois children. One member shall be appointed | ||||||
16 | by the President of the Senate, one member appointed by the | ||||||
17 | Minority Leader of the Senate, one member appointed by the | ||||||
18 | Speaker of the House of Representatives, one member appointed | ||||||
19 | by the Minority Leader of the House of Representatives, and | ||||||
20 | other members appointed by the Governor. The Governor's | ||||||
21 | appointments shall include without limitation the following: | ||||||
22 | (1) A leader of stature from the Governor's office, to | ||||||
23 | serve as co-chairperson of the Council. | ||||||
24 | (2) The chief administrators of the following State |
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| |||||||
1 | agencies: Department of Early Childhood, State Board of | ||||||
2 | Education; Department of Human Services; Department of | ||||||
3 | Children and Family Services; Department of Public Health; | ||||||
4 | Department of Healthcare and Family Services; Board of | ||||||
5 | Higher Education; and Illinois Community College Board. | ||||||
6 | (3) Local government stakeholders and nongovernment | ||||||
7 | stakeholders with an interest in early childhood care and | ||||||
8 | education, including representation from the following | ||||||
9 | private-sector fields and constituencies: early childhood | ||||||
10 | education and development; child care; child advocacy; | ||||||
11 | parenting support; local community collaborations among | ||||||
12 | early care and education programs and services; maternal | ||||||
13 | and child health; children with special needs; business; | ||||||
14 | labor; and law enforcement. The Governor shall designate | ||||||
15 | one of the members who is a nongovernment stakeholder to | ||||||
16 | serve as co-chairperson. | ||||||
17 | In addition, the Governor shall request that the Region V | ||||||
18 | office of the U.S. Department of Health and Human Services' | ||||||
19 | Administration for Children and Families appoint a member to | ||||||
20 | the Council to represent federal children's programs and | ||||||
21 | services. | ||||||
22 | Members appointed by General Assembly members and members | ||||||
23 | appointed by the Governor who are local government or | ||||||
24 | nongovernment stakeholders shall serve 3-year terms, except | ||||||
25 | that of the initial appointments, half of these members, as | ||||||
26 | determined by lot, shall be appointed to 2-year terms so that |
| |||||||
| |||||||
1 | terms are staggered. Members shall serve on a voluntary, | ||||||
2 | unpaid basis. | ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||
4 | Section 90-25. The Illinois Procurement Code is amended by | ||||||
5 | changing Section 1-10 as follows: | ||||||
6 | (30 ILCS 500/1-10) | ||||||
7 | Sec. 1-10. Application. | ||||||
8 | (a) This Code applies only to procurements for which | ||||||
9 | bidders, offerors, potential contractors, or contractors were | ||||||
10 | first solicited on or after July 1, 1998. This Code shall not | ||||||
11 | be construed to affect or impair any contract, or any | ||||||
12 | provision of a contract, entered into based on a solicitation | ||||||
13 | prior to the implementation date of this Code as described in | ||||||
14 | Article 99, including, but not limited to, any covenant | ||||||
15 | entered into with respect to any revenue bonds or similar | ||||||
16 | instruments. All procurements for which contracts are | ||||||
17 | solicited between the effective date of Articles 50 and 99 and | ||||||
18 | July 1, 1998 shall be substantially in accordance with this | ||||||
19 | Code and its intent. | ||||||
20 | (b) This Code shall apply regardless of the source of the | ||||||
21 | funds with which the contracts are paid, including federal | ||||||
22 | assistance moneys. This Code shall not apply to: | ||||||
23 | (1) Contracts between the State and its political | ||||||
24 | subdivisions or other governments, or between State |
| |||||||
| |||||||
1 | governmental bodies, except as specifically provided in | ||||||
2 | this Code. | ||||||
3 | (2) Grants, except for the filing requirements of | ||||||
4 | Section 20-80. | ||||||
5 | (3) Purchase of care, except as provided in Section | ||||||
6 | 5-30.6 of the Illinois Public Aid Code and this Section. | ||||||
7 | (4) Hiring of an individual as an employee and not as | ||||||
8 | an independent contractor, whether pursuant to an | ||||||
9 | employment code or policy or by contract directly with | ||||||
10 | that individual. | ||||||
11 | (5) Collective bargaining contracts. | ||||||
12 | (6) Purchase of real estate, except that notice of | ||||||
13 | this type of contract with a value of more than $25,000 | ||||||
14 | must be published in the Procurement Bulletin within 10 | ||||||
15 | calendar days after the deed is recorded in the county of | ||||||
16 | jurisdiction. The notice shall identify the real estate | ||||||
17 | purchased, the names of all parties to the contract, the | ||||||
18 | value of the contract, and the effective date of the | ||||||
19 | contract. | ||||||
20 | (7) Contracts necessary to prepare for anticipated | ||||||
21 | litigation, enforcement actions, or investigations, | ||||||
22 | provided that the chief legal counsel to the Governor | ||||||
23 | shall give his or her prior approval when the procuring | ||||||
24 | agency is one subject to the jurisdiction of the Governor, | ||||||
25 | and provided that the chief legal counsel of any other | ||||||
26 | procuring entity subject to this Code shall give his or |
| |||||||
| |||||||
1 | her prior approval when the procuring entity is not one | ||||||
2 | subject to the jurisdiction of the Governor. | ||||||
3 | (8) (Blank). | ||||||
4 | (9) Procurement expenditures by the Illinois | ||||||
5 | Conservation Foundation when only private funds are used. | ||||||
6 | (10) (Blank). | ||||||
7 | (11) Public-private agreements entered into according | ||||||
8 | to the procurement requirements of Section 20 of the | ||||||
9 | Public-Private Partnerships for Transportation Act and | ||||||
10 | design-build agreements entered into according to the | ||||||
11 | procurement requirements of Section 25 of the | ||||||
12 | Public-Private Partnerships for Transportation Act. | ||||||
13 | (12) (A) Contracts for legal, financial, and other | ||||||
14 | professional and artistic services entered into by the | ||||||
15 | Illinois Finance Authority in which the State of Illinois | ||||||
16 | is not obligated. Such contracts shall be awarded through | ||||||
17 | a competitive process authorized by the members of the | ||||||
18 | Illinois Finance Authority and are subject to Sections | ||||||
19 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
20 | as well as the final approval by the members of the | ||||||
21 | Illinois Finance Authority of the terms of the contract. | ||||||
22 | (B) Contracts for legal and financial services entered | ||||||
23 | into by the Illinois Housing Development Authority in | ||||||
24 | connection with the issuance of bonds in which the State | ||||||
25 | of Illinois is not obligated. Such contracts shall be | ||||||
26 | awarded through a competitive process authorized by the |
| |||||||
| |||||||
1 | members of the Illinois Housing Development Authority and | ||||||
2 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
3 | and 50-37 of this Code, as well as the final approval by | ||||||
4 | the members of the Illinois Housing Development Authority | ||||||
5 | of the terms of the contract. | ||||||
6 | (13) Contracts for services, commodities, and | ||||||
7 | equipment to support the delivery of timely forensic | ||||||
8 | science services in consultation with and subject to the | ||||||
9 | approval of the Chief Procurement Officer as provided in | ||||||
10 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
11 | Corrections, except for the requirements of Sections | ||||||
12 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
13 | Code; however, the Chief Procurement Officer may, in | ||||||
14 | writing with justification, waive any certification | ||||||
15 | required under Article 50 of this Code. For any contracts | ||||||
16 | for services which are currently provided by members of a | ||||||
17 | collective bargaining agreement, the applicable terms of | ||||||
18 | the collective bargaining agreement concerning | ||||||
19 | subcontracting shall be followed. | ||||||
20 | On and after January 1, 2019, this paragraph (13), | ||||||
21 | except for this sentence, is inoperative. | ||||||
22 | (14) Contracts for participation expenditures required | ||||||
23 | by a domestic or international trade show or exhibition of | ||||||
24 | an exhibitor, member, or sponsor. | ||||||
25 | (15) Contracts with a railroad or utility that | ||||||
26 | requires the State to reimburse the railroad or utilities |
| |||||||
| |||||||
1 | for the relocation of utilities for construction or other | ||||||
2 | public purpose. Contracts included within this paragraph | ||||||
3 | (15) shall include, but not be limited to, those | ||||||
4 | associated with: relocations, crossings, installations, | ||||||
5 | and maintenance. For the purposes of this paragraph (15), | ||||||
6 | "railroad" means any form of non-highway ground | ||||||
7 | transportation that runs on rails or electromagnetic | ||||||
8 | guideways and "utility" means: (1) public utilities as | ||||||
9 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
10 | telecommunications carriers as defined in Section 13-202 | ||||||
11 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
12 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
13 | telephone or telecommunications cooperatives as defined in | ||||||
14 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
15 | water or waste water systems with 10,000 connections or | ||||||
16 | less, (6) a holder as defined in Section 21-201 of the | ||||||
17 | Public Utilities Act, and (7) municipalities owning or | ||||||
18 | operating utility systems consisting of public utilities | ||||||
19 | as that term is defined in Section 11-117-2 of the | ||||||
20 | Illinois Municipal Code. | ||||||
21 | (16) Procurement expenditures necessary for the | ||||||
22 | Department of Public Health to provide the delivery of | ||||||
23 | timely newborn screening services in accordance with the | ||||||
24 | Newborn Metabolic Screening Act. | ||||||
25 | (17) Procurement expenditures necessary for the | ||||||
26 | Department of Agriculture, the Department of Financial and |
| |||||||
| |||||||
1 | Professional Regulation, the Department of Human Services, | ||||||
2 | and the Department of Public Health to implement the | ||||||
3 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
4 | Alternative Pilot Program requirements and ensure access | ||||||
5 | to medical cannabis for patients with debilitating medical | ||||||
6 | conditions in accordance with the Compassionate Use of | ||||||
7 | Medical Cannabis Program Act. | ||||||
8 | (18) This Code does not apply to any procurements | ||||||
9 | necessary for the Department of Agriculture, the | ||||||
10 | Department of Financial and Professional Regulation, the | ||||||
11 | Department of Human Services, the Department of Commerce | ||||||
12 | and Economic Opportunity, and the Department of Public | ||||||
13 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
14 | the applicable agency has made a good faith determination | ||||||
15 | that it is necessary and appropriate for the expenditure | ||||||
16 | to fall within this exemption and if the process is | ||||||
17 | conducted in a manner substantially in accordance with the | ||||||
18 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
19 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
20 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
21 | Section 50-35, compliance applies only to contracts or | ||||||
22 | subcontracts over $100,000. Notice of each contract | ||||||
23 | entered into under this paragraph (18) that is related to | ||||||
24 | the procurement of goods and services identified in | ||||||
25 | paragraph (1) through (9) of this subsection shall be | ||||||
26 | published in the Procurement Bulletin within 14 calendar |
| |||||||
| |||||||
1 | days after contract execution. The Chief Procurement | ||||||
2 | Officer shall prescribe the form and content of the | ||||||
3 | notice. Each agency shall provide the Chief Procurement | ||||||
4 | Officer, on a monthly basis, in the form and content | ||||||
5 | prescribed by the Chief Procurement Officer, a report of | ||||||
6 | contracts that are related to the procurement of goods and | ||||||
7 | services identified in this subsection. At a minimum, this | ||||||
8 | report shall include the name of the contractor, a | ||||||
9 | description of the supply or service provided, the total | ||||||
10 | amount of the contract, the term of the contract, and the | ||||||
11 | exception to this Code utilized. A copy of any or all of | ||||||
12 | these contracts shall be made available to the Chief | ||||||
13 | Procurement Officer immediately upon request. The Chief | ||||||
14 | Procurement Officer shall submit a report to the Governor | ||||||
15 | and General Assembly no later than November 1 of each year | ||||||
16 | that includes, at a minimum, an annual summary of the | ||||||
17 | monthly information reported to the Chief Procurement | ||||||
18 | Officer. This exemption becomes inoperative 5 years after | ||||||
19 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
20 | (19) Acquisition of modifications or adjustments, | ||||||
21 | limited to assistive technology devices and assistive | ||||||
22 | technology services, adaptive equipment, repairs, and | ||||||
23 | replacement parts to provide reasonable accommodations (i) | ||||||
24 | that enable a qualified applicant with a disability to | ||||||
25 | complete the job application process and be considered for | ||||||
26 | the position such qualified applicant desires, (ii) that |
| |||||||
| |||||||
1 | modify or adjust the work environment to enable a | ||||||
2 | qualified current employee with a disability to perform | ||||||
3 | the essential functions of the position held by that | ||||||
4 | employee, (iii) to enable a qualified current employee | ||||||
5 | with a disability to enjoy equal benefits and privileges | ||||||
6 | of employment as are enjoyed by other similarly situated | ||||||
7 | employees without disabilities, and (iv) that allow a | ||||||
8 | customer, client, claimant, or member of the public | ||||||
9 | seeking State services full use and enjoyment of and | ||||||
10 | access to its programs, services, or benefits. | ||||||
11 | For purposes of this paragraph (19): | ||||||
12 | "Assistive technology devices" means any item, piece | ||||||
13 | of equipment, or product system, whether acquired | ||||||
14 | commercially off the shelf, modified, or customized, that | ||||||
15 | is used to increase, maintain, or improve functional | ||||||
16 | capabilities of individuals with disabilities. | ||||||
17 | "Assistive technology services" means any service that | ||||||
18 | directly assists an individual with a disability in | ||||||
19 | selection, acquisition, or use of an assistive technology | ||||||
20 | device. | ||||||
21 | "Qualified" has the same meaning and use as provided | ||||||
22 | under the federal Americans with Disabilities Act when | ||||||
23 | describing an individual with a disability. | ||||||
24 | (20) Procurement expenditures necessary for the | ||||||
25 | Illinois Commerce Commission to hire third-party | ||||||
26 | facilitators pursuant to Sections 16-105.17 and 16-108.18 |
| |||||||
| |||||||
1 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
2 | Section 16-107.5 of the Public Utilities Act, a | ||||||
3 | facilitator pursuant to Section 16-105.17 of the Public | ||||||
4 | Utilities Act, or a grid auditor pursuant to Section | ||||||
5 | 16-105.10 of the Public Utilities Act. | ||||||
6 | (21) Procurement expenditures for the purchase, | ||||||
7 | renewal, and expansion of software, software licenses, or | ||||||
8 | software maintenance agreements that support the efforts | ||||||
9 | of the Illinois State Police to enforce, regulate, and | ||||||
10 | administer the Firearm Owners Identification Card Act, the | ||||||
11 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
12 | Order Act, the Firearm Dealer License Certification Act, | ||||||
13 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
14 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
15 | Act, the Illinois Uniform Conviction Information Act, and | ||||||
16 | the Gun Trafficking Information Act, or establish or | ||||||
17 | maintain record management systems necessary to conduct | ||||||
18 | human trafficking investigations or gun trafficking or | ||||||
19 | other stolen firearm investigations. This paragraph (21) | ||||||
20 | applies to contracts entered into on or after January 10, | ||||||
21 | 2023 (the effective date of Public Act 102-1116) and the | ||||||
22 | renewal of contracts that are in effect on January 10, | ||||||
23 | 2023 (the effective date of Public Act 102-1116). | ||||||
24 | (22) Contracts for project management services and | ||||||
25 | system integration services required for the completion of | ||||||
26 | the State's enterprise resource planning project. This |
| |||||||
| |||||||
1 | exemption becomes inoperative 5 years after June 7, 2023 | ||||||
2 | (the effective date of the changes made to this Section by | ||||||
3 | Public Act 103-8). This paragraph (22) applies to | ||||||
4 | contracts entered into on or after June 7, 2023 (the | ||||||
5 | effective date of the changes made to this Section by | ||||||
6 | Public Act 103-8) and the renewal of contracts that are in | ||||||
7 | effect on June 7, 2023 (the effective date of the changes | ||||||
8 | made to this Section by Public Act 103-8). | ||||||
9 | (23) Procurements necessary for the Department of | ||||||
10 | Insurance to implement the Illinois Health Benefits | ||||||
11 | Exchange Law if the Department of Insurance has made a | ||||||
12 | good faith determination that it is necessary and | ||||||
13 | appropriate for the expenditure to fall within this | ||||||
14 | exemption. The procurement process shall be conducted in a | ||||||
15 | manner substantially in accordance with the requirements | ||||||
16 | of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||||||
17 | copy of these contracts shall be made available to the | ||||||
18 | Chief Procurement Officer immediately upon request. This | ||||||
19 | paragraph is inoperative 5 years after June 27, 2023 (the | ||||||
20 | effective date of Public Act 103-103). | ||||||
21 | (24) (22) Contracts for public education programming, | ||||||
22 | noncommercial sustaining announcements, public service | ||||||
23 | announcements, and public awareness and education | ||||||
24 | messaging with the nonprofit trade associations of the | ||||||
25 | providers of those services that inform the public on | ||||||
26 | immediate and ongoing health and safety risks and hazards. |
| |||||||
| |||||||
1 | (25) Procurements necessary for the Department of | ||||||
2 | Early Childhood to implement the Department of Early | ||||||
3 | Childhood Act if the Department has made a good faith | ||||||
4 | determination that it is necessary and appropriate for the | ||||||
5 | expenditure to fall within this exemption. This exemption | ||||||
6 | shall only be used for products and services procured | ||||||
7 | solely for use by the Department of Early Childhood. The | ||||||
8 | procurements may include those necessary to design and | ||||||
9 | build integrated, operational systems of programs and | ||||||
10 | services. The procurements may include, but are not | ||||||
11 | limited to, those necessary to align and update program | ||||||
12 | standards, integrate funding systems, design and establish | ||||||
13 | data and reporting systems, align and update models for | ||||||
14 | technical assistance and professional development, design | ||||||
15 | systems to manage grants and ensure compliance, design and | ||||||
16 | implement management and operational structures, and | ||||||
17 | establish new means of engaging with families, educators, | ||||||
18 | providers, and stakeholders. The procurement processes | ||||||
19 | shall be conducted in a manner substantially in accordance | ||||||
20 | with the requirements of Article 50 (ethics) and Sections | ||||||
21 | 5-5 (Procurement Policy Board), 5-7 (Commission on Equity | ||||||
22 | and Inclusion), 20-80 (contract files), 20-120 | ||||||
23 | (subcontractors), 20-155 (paperwork), 20-160 | ||||||
24 | (ethics/campaign contribution prohibitions), 25-60 | ||||||
25 | (prevailing wage), and 25-90 (prohibited and authorized | ||||||
26 | cybersecurity) of this Code. Beginning January 1, 2025, |
| |||||||
| |||||||
1 | the Department of Early Childhood shall provide a | ||||||
2 | quarterly report to the General Assembly detailing a list | ||||||
3 | of expenditures and contracts for which the Department | ||||||
4 | uses this exemption. This paragraph is inoperative on and | ||||||
5 | after July 1, 2027. | ||||||
6 | Notwithstanding any other provision of law, for contracts | ||||||
7 | with an annual value of more than $100,000 entered into on or | ||||||
8 | after October 1, 2017 under an exemption provided in any | ||||||
9 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
10 | or (5), each State agency shall post to the appropriate | ||||||
11 | procurement bulletin the name of the contractor, a description | ||||||
12 | of the supply or service provided, the total amount of the | ||||||
13 | contract, the term of the contract, and the exception to the | ||||||
14 | Code utilized. The chief procurement officer shall submit a | ||||||
15 | report to the Governor and General Assembly no later than | ||||||
16 | November 1 of each year that shall include, at a minimum, an | ||||||
17 | annual summary of the monthly information reported to the | ||||||
18 | chief procurement officer. | ||||||
19 | (c) This Code does not apply to the electric power | ||||||
20 | procurement process provided for under Section 1-75 of the | ||||||
21 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
22 | Utilities Act. This Code does not apply to the procurement of | ||||||
23 | technical and policy experts pursuant to Section 1-129 of the | ||||||
24 | Illinois Power Agency Act. | ||||||
25 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
26 | and as expressly required by Section 9.1 of the Illinois |
| |||||||
| |||||||
1 | Lottery Law, the provisions of this Code do not apply to the | ||||||
2 | procurement process provided for under Section 9.1 of the | ||||||
3 | Illinois Lottery Law. | ||||||
4 | (e) This Code does not apply to the process used by the | ||||||
5 | Capital Development Board to retain a person or entity to | ||||||
6 | assist the Capital Development Board with its duties related | ||||||
7 | to the determination of costs of a clean coal SNG brownfield | ||||||
8 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
9 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
10 | of the Public Utilities Act, including calculating the range | ||||||
11 | of capital costs, the range of operating and maintenance | ||||||
12 | costs, or the sequestration costs or monitoring the | ||||||
13 | construction of clean coal SNG brownfield facility for the | ||||||
14 | full duration of construction. | ||||||
15 | (f) (Blank). | ||||||
16 | (g) (Blank). | ||||||
17 | (h) This Code does not apply to the process to procure or | ||||||
18 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
19 | 11-5.3 of the Illinois Public Aid Code. | ||||||
20 | (i) Each chief procurement officer may access records | ||||||
21 | necessary to review whether a contract, purchase, or other | ||||||
22 | expenditure is or is not subject to the provisions of this | ||||||
23 | Code, unless such records would be subject to attorney-client | ||||||
24 | privilege. | ||||||
25 | (j) This Code does not apply to the process used by the | ||||||
26 | Capital Development Board to retain an artist or work or works |
| |||||||
| |||||||
1 | of art as required in Section 14 of the Capital Development | ||||||
2 | Board Act. | ||||||
3 | (k) This Code does not apply to the process to procure | ||||||
4 | contracts, or contracts entered into, by the State Board of | ||||||
5 | Elections or the State Electoral Board for hearing officers | ||||||
6 | appointed pursuant to the Election Code. | ||||||
7 | (l) This Code does not apply to the processes used by the | ||||||
8 | Illinois Student Assistance Commission to procure supplies and | ||||||
9 | services paid for from the private funds of the Illinois | ||||||
10 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
11 | funds" means funds derived from deposits paid into the | ||||||
12 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
13 | (m) This Code shall apply regardless of the source of | ||||||
14 | funds with which contracts are paid, including federal | ||||||
15 | assistance moneys. Except as specifically provided in this | ||||||
16 | Code, this Code shall not apply to procurement expenditures | ||||||
17 | necessary for the Department of Public Health to conduct the | ||||||
18 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
19 | the Department of Public Health Powers and Duties Law of the | ||||||
20 | Civil Administrative Code of Illinois. | ||||||
21 | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | ||||||
22 | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | ||||||
23 | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
24 | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | ||||||
25 | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised | ||||||
26 | 1-2-24.) |
| |||||||
| |||||||
1 | Section 90-30. The School Code is amended by changing | ||||||
2 | Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71, | ||||||
3 | 2-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as | ||||||
4 | follows: | ||||||
5 | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4) | ||||||
6 | Sec. 1A-4. Powers and duties of the Board. | ||||||
7 | A. (Blank). | ||||||
8 | B. The Board shall determine the qualifications of and | ||||||
9 | appoint a chief education officer, to be known as the State | ||||||
10 | Superintendent of Education, who may be proposed by the | ||||||
11 | Governor and who shall serve at the pleasure of the Board and | ||||||
12 | pursuant to a performance-based contract linked to statewide | ||||||
13 | student performance and academic improvement within Illinois | ||||||
14 | schools. Upon expiration or buyout of the contract of the | ||||||
15 | State Superintendent of Education in office on the effective | ||||||
16 | date of this amendatory Act of the 93rd General Assembly, a | ||||||
17 | State Superintendent of Education shall be appointed by a | ||||||
18 | State Board of Education that includes the 7 new Board members | ||||||
19 | who were appointed to fill seats of members whose terms were | ||||||
20 | terminated on the effective date of this amendatory Act of the | ||||||
21 | 93rd General Assembly. Thereafter, a State Superintendent of | ||||||
22 | Education must, at a minimum, be appointed at the beginning of | ||||||
23 | each term of a Governor after that Governor has made | ||||||
24 | appointments to the Board. A performance-based contract issued |
| |||||||
| |||||||
1 | for the employment of a State Superintendent of Education | ||||||
2 | entered into on or after the effective date of this amendatory | ||||||
3 | Act of the 93rd General Assembly must expire no later than | ||||||
4 | February 1, 2007, and subsequent contracts must expire no | ||||||
5 | later than February 1 each 4 years thereafter. No contract | ||||||
6 | shall be extended or renewed beyond February 1, 2007 and | ||||||
7 | February 1 each 4 years thereafter, but a State Superintendent | ||||||
8 | of Education shall serve until his or her successor is | ||||||
9 | appointed. Each contract entered into on or before January 8, | ||||||
10 | 2007 with a State Superintendent of Education must provide | ||||||
11 | that the State Board of Education may terminate the contract | ||||||
12 | for cause, and the State Board of Education shall not | ||||||
13 | thereafter be liable for further payments under the contract. | ||||||
14 | With regard to this amendatory Act of the 93rd General | ||||||
15 | Assembly, it is the intent of the General Assembly that, | ||||||
16 | beginning with the Governor who takes office on the second | ||||||
17 | Monday of January, 2007, a State Superintendent of Education | ||||||
18 | be appointed at the beginning of each term of a Governor after | ||||||
19 | that Governor has made appointments to the Board. The State | ||||||
20 | Superintendent of Education shall not serve as a member of the | ||||||
21 | State Board of Education. The Board shall set the compensation | ||||||
22 | of the State Superintendent of Education who shall serve as | ||||||
23 | the Board's chief executive officer. The Board shall also | ||||||
24 | establish the duties, powers and responsibilities of the State | ||||||
25 | Superintendent, which shall be included in the State | ||||||
26 | Superintendent's performance-based contract along with the |
| |||||||
| |||||||
1 | goals and indicators of student performance and academic | ||||||
2 | improvement used to measure the performance and effectiveness | ||||||
3 | of the State Superintendent. The State Board of Education may | ||||||
4 | delegate to the State Superintendent of Education the | ||||||
5 | authority to act on the Board's behalf, provided such | ||||||
6 | delegation is made pursuant to adopted board policy or the | ||||||
7 | powers delegated are ministerial in nature. The State Board | ||||||
8 | may not delegate authority under this Section to the State | ||||||
9 | Superintendent to (1) nonrecognize school districts, (2) | ||||||
10 | withhold State payments as a penalty, or (3) make final | ||||||
11 | decisions under the contested case provisions of the Illinois | ||||||
12 | Administrative Procedure Act unless otherwise provided by law. | ||||||
13 | C. The powers and duties of the State Board of Education | ||||||
14 | shall encompass all duties delegated to the Office of | ||||||
15 | Superintendent of Public Instruction on January 12, 1975, | ||||||
16 | except as the law providing for such powers and duties is | ||||||
17 | thereafter amended, and such other powers and duties as the | ||||||
18 | General Assembly shall designate. The Board shall be | ||||||
19 | responsible for the educational policies and guidelines for | ||||||
20 | public schools, pre-school through grade 12 and Vocational | ||||||
21 | Education in the State of Illinois. Beginning July 1, 2024, | ||||||
22 | educational policies and guidelines pertaining to pre-school | ||||||
23 | and the Prevention Initiative program shall be done in | ||||||
24 | consultation with the Department of Early Childhood. The Board | ||||||
25 | shall analyze the present and future aims, needs, and | ||||||
26 | requirements of education in the State of Illinois and |
| |||||||
| |||||||
1 | recommend to the General Assembly the powers which should be | ||||||
2 | exercised by the Board. The Board shall recommend the passage | ||||||
3 | and the legislation necessary to determine the appropriate | ||||||
4 | relationship between the Board and local boards of education | ||||||
5 | and the various State agencies and shall recommend desirable | ||||||
6 | modifications in the laws which affect schools. | ||||||
7 | D. Two members of the Board shall be appointed by the | ||||||
8 | chairperson to serve on a standing joint Education Committee, | ||||||
9 | 2 others shall be appointed from the Board of Higher | ||||||
10 | Education, 2 others shall be appointed by the chairperson of | ||||||
11 | the Illinois Community College Board, and 2 others shall be | ||||||
12 | appointed by the chairperson of the Human Resource Investment | ||||||
13 | Council. The Committee shall be responsible for making | ||||||
14 | recommendations concerning the submission of any workforce | ||||||
15 | development plan or workforce training program required by | ||||||
16 | federal law or under any block grant authority. The Committee | ||||||
17 | will be responsible for developing policy on matters of mutual | ||||||
18 | concern to elementary, secondary and higher education such as | ||||||
19 | Occupational and Career Education, Teacher Preparation and | ||||||
20 | Licensure, Educational Finance, Articulation between | ||||||
21 | Elementary, Secondary and Higher Education and Research and | ||||||
22 | Planning. The joint Education Committee shall meet at least | ||||||
23 | quarterly and submit an annual report of its findings, | ||||||
24 | conclusions, and recommendations to the State Board of | ||||||
25 | Education, the Board of Higher Education, the Illinois | ||||||
26 | Community College Board, the Human Resource Investment |
| |||||||
| |||||||
1 | Council, the Governor, and the General Assembly. All meetings | ||||||
2 | of this Committee shall be official meetings for reimbursement | ||||||
3 | under this Act. On the effective date of this amendatory Act of | ||||||
4 | the 95th General Assembly, the Joint Education Committee is | ||||||
5 | abolished. | ||||||
6 | E. Five members of the Board shall constitute a quorum. A | ||||||
7 | majority vote of the members appointed, confirmed and serving | ||||||
8 | on the Board is required to approve any action, except that the | ||||||
9 | 7 new Board members who were appointed to fill seats of members | ||||||
10 | whose terms were terminated on the effective date of this | ||||||
11 | amendatory act of the 93rd General Assembly may vote to | ||||||
12 | approve actions when appointed and serving. | ||||||
13 | F. Upon appointment of the 7 new Board members who were | ||||||
14 | appointed to fill seats of members whose terms were terminated | ||||||
15 | on the effective date of this amendatory Act of the 93rd | ||||||
16 | General Assembly, the Board shall review all of its current | ||||||
17 | rules in an effort to streamline procedures, improve | ||||||
18 | efficiency, and eliminate unnecessary forms and paperwork. | ||||||
19 | (Source: P.A. 102-894, eff. 5-20-22.) | ||||||
20 | (105 ILCS 5/1C-2) | ||||||
21 | Sec. 1C-2. Block grants. | ||||||
22 | (a) For fiscal year 1999, and each fiscal year thereafter | ||||||
23 | through fiscal year 2026 , the State Board of Education shall | ||||||
24 | award to school districts block grants as described in | ||||||
25 | subsection (c). The State Board of Education may adopt rules |
| |||||||
| |||||||
1 | and regulations necessary to implement this Section. In | ||||||
2 | accordance with Section 2-3.32, all state block grants are | ||||||
3 | subject to an audit. Therefore, block grant receipts and block | ||||||
4 | grant expenditures shall be recorded to the appropriate fund | ||||||
5 | code. | ||||||
6 | (b) (Blank). | ||||||
7 | (c) An Early Childhood Education Block Grant shall be | ||||||
8 | created by combining the following programs: Preschool | ||||||
9 | Education, Parental Training and Prevention Initiative. These | ||||||
10 | funds shall be distributed to school districts and other | ||||||
11 | entities on a competitive basis, except that the State Board | ||||||
12 | of Education shall award to a school district having a | ||||||
13 | population exceeding 500,000 inhabitants 37% of the funds in | ||||||
14 | each fiscal year. Not less than 14% of the Early Childhood | ||||||
15 | Education Block Grant allocation of funds shall be used to | ||||||
16 | fund programs for children ages 0-3. Beginning in Fiscal Year | ||||||
17 | 2016, at least 25% of any additional Early Childhood Education | ||||||
18 | Block Grant funding over and above the previous fiscal year's | ||||||
19 | allocation shall be used to fund programs for children ages | ||||||
20 | 0-3. Once the percentage of Early Childhood Education Block | ||||||
21 | Grant funding allocated to programs for children ages 0-3 | ||||||
22 | reaches 20% of the overall Early Childhood Education Block | ||||||
23 | Grant allocation for a full fiscal year, thereafter in | ||||||
24 | subsequent fiscal years the percentage of Early Childhood | ||||||
25 | Education Block Grant funding allocated to programs for | ||||||
26 | children ages 0-3 each fiscal year shall remain at least 20% of |
| |||||||
| |||||||
1 | the overall Early Childhood Education Block Grant allocation. | ||||||
2 | However, if, in a given fiscal year, the amount appropriated | ||||||
3 | for the Early Childhood Education Block Grant is insufficient | ||||||
4 | to increase the percentage of the grant to fund programs for | ||||||
5 | children ages 0-3 without reducing the amount of the grant for | ||||||
6 | existing providers of preschool education programs, then the | ||||||
7 | percentage of the grant to fund programs for children ages 0-3 | ||||||
8 | may be held steady instead of increased. This subsection (c) is | ||||||
9 | inoperative on and after July 1, 2026. | ||||||
10 | (Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.) | ||||||
11 | (105 ILCS 5/1C-4) | ||||||
12 | Sec. 1C-4. Reports. A school district that receives an | ||||||
13 | Early Childhood Education Block Grant shall report to the | ||||||
14 | State Board of Education on its use of the block grant in such | ||||||
15 | form and detail as the State Board of Education may specify. In | ||||||
16 | addition, the report must include the following description | ||||||
17 | for the district, which must also be reported to the General | ||||||
18 | Assembly: block grant allocation and expenditures by program; | ||||||
19 | population and service levels by program; and administrative | ||||||
20 | expenditures by program. The State Board of Education shall | ||||||
21 | ensure that the reporting requirements for a district | ||||||
22 | organized under Article 34 of this Code are the same as for all | ||||||
23 | other school districts in this State. | ||||||
24 | This Section is repealed on July 1, 2026. | ||||||
25 | (Source: P.A. 99-30, eff. 7-10-15.) |
| |||||||
| |||||||
1 | (105 ILCS 5/1D-1) | ||||||
2 | (Text of Section from P.A. 100-55) | ||||||
3 | Sec. 1D-1. Block grant funding. | ||||||
4 | (a) For fiscal year 1996 and each fiscal year thereafter, | ||||||
5 | the State Board of Education shall award to a school district | ||||||
6 | having a population exceeding 500,000 inhabitants a general | ||||||
7 | education block grant and an educational services block grant, | ||||||
8 | determined as provided in this Section, in lieu of | ||||||
9 | distributing to the district separate State funding for the | ||||||
10 | programs described in subsections (b) and (c). The provisions | ||||||
11 | of this Section, however, do not apply to any federal funds | ||||||
12 | that the district is entitled to receive. In accordance with | ||||||
13 | Section 2-3.32, all block grants are subject to an audit. | ||||||
14 | Therefore, block grant receipts and block grant expenditures | ||||||
15 | shall be recorded to the appropriate fund code for the | ||||||
16 | designated block grant. | ||||||
17 | (b) The general education block grant shall include the | ||||||
18 | following programs: REI Initiative, Summer Bridges, Preschool | ||||||
19 | Education, K-6 Comprehensive Arts, School Improvement Support, | ||||||
20 | Urban Education, Scientific Literacy, Substance Abuse | ||||||
21 | Prevention, Second Language Planning, Staff Development, | ||||||
22 | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | ||||||
23 | Continued Reading Improvement, Truants' Optional Education, | ||||||
24 | Hispanic Programs, Agriculture Education, Parental Training, | ||||||
25 | Prevention Initiative, Report Cards, and Criminal Background |
| |||||||
| |||||||
1 | Investigations. The general education block grant shall also | ||||||
2 | include Preschool Education, Parental Training, and Prevention | ||||||
3 | Initiative through June 30, 2026. Notwithstanding any other | ||||||
4 | provision of law, all amounts paid under the general education | ||||||
5 | block grant from State appropriations to a school district in | ||||||
6 | a city having a population exceeding 500,000 inhabitants shall | ||||||
7 | be appropriated and expended by the board of that district for | ||||||
8 | any of the programs included in the block grant or any of the | ||||||
9 | board's lawful purposes. Beginning in Fiscal Year 2018, at | ||||||
10 | least 25% of any additional Preschool Education, Parental | ||||||
11 | Training, and Prevention Initiative program funding over and | ||||||
12 | above the previous fiscal year's allocation shall be used to | ||||||
13 | fund programs for children ages 0-3. Beginning in Fiscal Year | ||||||
14 | 2018, funding for Preschool Education, Parental Training, and | ||||||
15 | Prevention Initiative programs above the allocation for these | ||||||
16 | programs in Fiscal Year 2017 must be used solely as a | ||||||
17 | supplement for these programs and may not supplant funds | ||||||
18 | received from other sources. | ||||||
19 | (b-5) Beginning in Fiscal Year 2027, the Department of | ||||||
20 | Early Childhood shall award a block grant for Preschool | ||||||
21 | Education, Parental Training, and Prevention Initiative to a | ||||||
22 | school district having a population exceeding 500,000 | ||||||
23 | inhabitants. The grants are subject to audit. Therefore, block | ||||||
24 | grant receipts and block grant expenditures shall be recorded | ||||||
25 | to the appropriate fund code for the designated block grant. | ||||||
26 | Notwithstanding any other provision of law, all amounts paid |
| |||||||
| |||||||
1 | under the block grant from State appropriations to a school | ||||||
2 | district in a city having a population exceeding 500,000 | ||||||
3 | inhabitants shall be appropriated and expended by the board of | ||||||
4 | that district for any of the programs included in the block | ||||||
5 | grant or any of the board's lawful purposes. The district is | ||||||
6 | not required to file any application or other claim in order to | ||||||
7 | receive the block grant to which it is entitled under this | ||||||
8 | Section. The Department of Early Childhood shall make payments | ||||||
9 | to the district of amounts due under the district's block | ||||||
10 | grant on a schedule determined by the Department. A school | ||||||
11 | district to which this Section applies shall report to the | ||||||
12 | Department of Early Childhood on its use of the block grant in | ||||||
13 | such form and detail as the Department may specify. In | ||||||
14 | addition, the report must include the following description | ||||||
15 | for the district, which must also be reported to the General | ||||||
16 | Assembly: block grant allocation and expenditures by program; | ||||||
17 | population and service levels by program; and administrative | ||||||
18 | expenditures by program. The Department shall ensure that the | ||||||
19 | reporting requirements for the district are the same as for | ||||||
20 | all other school districts in this State. Beginning in Fiscal | ||||||
21 | Year 2018, at least 25% of any additional Preschool Education, | ||||||
22 | Parental Training, and Prevention Initiative program funding | ||||||
23 | over and above the previous fiscal year's allocation shall be | ||||||
24 | used to fund programs for children ages 0-3. Beginning in | ||||||
25 | Fiscal Year 2018, funding for Preschool Education, Parental | ||||||
26 | Training, and Prevention Initiative programs above the |
| |||||||
| |||||||
1 | allocation for these programs in Fiscal Year 2017 must be used | ||||||
2 | solely as a supplement for these programs and may not supplant | ||||||
3 | funds received from other sources. | ||||||
4 | (c) The educational services block grant shall include the | ||||||
5 | following programs: Regular and Vocational Transportation, | ||||||
6 | State Lunch and Free Breakfast Program, Special Education | ||||||
7 | (Personnel, Transportation, Orphanage, Private Tuition), | ||||||
8 | funding for children requiring special education services, | ||||||
9 | Summer School, Educational Service Centers, and | ||||||
10 | Administrator's Academy. This subsection (c) does not relieve | ||||||
11 | the district of its obligation to provide the services | ||||||
12 | required under a program that is included within the | ||||||
13 | educational services block grant. It is the intention of the | ||||||
14 | General Assembly in enacting the provisions of this subsection | ||||||
15 | (c) to relieve the district of the administrative burdens that | ||||||
16 | impede efficiency and accompany single-program funding. The | ||||||
17 | General Assembly encourages the board to pursue mandate | ||||||
18 | waivers pursuant to Section 2-3.25g. | ||||||
19 | The funding program included in the educational services | ||||||
20 | block grant for funding for children requiring special | ||||||
21 | education services in each fiscal year shall be treated in | ||||||
22 | that fiscal year as a payment to the school district in respect | ||||||
23 | of services provided or costs incurred in the prior fiscal | ||||||
24 | year, calculated in each case as provided in this Section. | ||||||
25 | Nothing in this Section shall change the nature of payments | ||||||
26 | for any program that, apart from this Section, would be or, |
| |||||||
| |||||||
1 | prior to adoption or amendment of this Section, was on the | ||||||
2 | basis of a payment in a fiscal year in respect of services | ||||||
3 | provided or costs incurred in the prior fiscal year, | ||||||
4 | calculated in each case as provided in this Section. | ||||||
5 | (d) For fiscal year 1996 and each fiscal year thereafter, | ||||||
6 | the amount of the district's block grants shall be determined | ||||||
7 | as follows: (i) with respect to each program that is included | ||||||
8 | within each block grant, the district shall receive an amount | ||||||
9 | equal to the same percentage of the current fiscal year | ||||||
10 | appropriation made for that program as the percentage of the | ||||||
11 | appropriation received by the district from the 1995 fiscal | ||||||
12 | year appropriation made for that program, and (ii) the total | ||||||
13 | amount that is due the district under the block grant shall be | ||||||
14 | the aggregate of the amounts that the district is entitled to | ||||||
15 | receive for the fiscal year with respect to each program that | ||||||
16 | is included within the block grant that the State Board of | ||||||
17 | Education shall award the district under this Section for that | ||||||
18 | fiscal year. In the case of the Summer Bridges program, the | ||||||
19 | amount of the district's block grant shall be equal to 44% of | ||||||
20 | the amount of the current fiscal year appropriation made for | ||||||
21 | that program. | ||||||
22 | (e) The district is not required to file any application | ||||||
23 | or other claim in order to receive the block grants to which it | ||||||
24 | is entitled under this Section. The State Board of Education | ||||||
25 | shall make payments to the district of amounts due under the | ||||||
26 | district's block grants on a schedule determined by the State |
| |||||||
| |||||||
1 | Board of Education. | ||||||
2 | (f) A school district to which this Section applies shall | ||||||
3 | report to the State Board of Education on its use of the block | ||||||
4 | grants in such form and detail as the State Board of Education | ||||||
5 | may specify. In addition, the report must include the | ||||||
6 | following description for the district, which must also be | ||||||
7 | reported to the General Assembly: block grant allocation and | ||||||
8 | expenditures by program; population and service levels by | ||||||
9 | program; and administrative expenditures by program. The State | ||||||
10 | Board of Education shall ensure that the reporting | ||||||
11 | requirements for the district are the same as for all other | ||||||
12 | school districts in this State. | ||||||
13 | (g) This paragraph provides for the treatment of block | ||||||
14 | grants under Article 1C for purposes of calculating the amount | ||||||
15 | of block grants for a district under this Section. Those block | ||||||
16 | grants under Article 1C are, for this purpose, treated as | ||||||
17 | included in the amount of appropriation for the various | ||||||
18 | programs set forth in paragraph (b) above. The appropriation | ||||||
19 | in each current fiscal year for each block grant under Article | ||||||
20 | 1C shall be treated for these purposes as appropriations for | ||||||
21 | the individual program included in that block grant. The | ||||||
22 | proportion of each block grant so allocated to each such | ||||||
23 | program included in it shall be the proportion which the | ||||||
24 | appropriation for that program was of all appropriations for | ||||||
25 | such purposes now in that block grant, in fiscal 1995. | ||||||
26 | Payments to the school district under this Section with |
| |||||||
| |||||||
1 | respect to each program for which payments to school districts | ||||||
2 | generally, as of the date of this amendatory Act of the 92nd | ||||||
3 | General Assembly, are on a reimbursement basis shall continue | ||||||
4 | to be made to the district on a reimbursement basis, pursuant | ||||||
5 | to the provisions of this Code governing those programs. | ||||||
6 | (h) Notwithstanding any other provision of law, any school | ||||||
7 | district receiving a block grant under this Section may | ||||||
8 | classify all or a portion of the funds that it receives in a | ||||||
9 | particular fiscal year from any block grant authorized under | ||||||
10 | this Code or from general State aid pursuant to Section | ||||||
11 | 18-8.05 of this Code (other than supplemental general State | ||||||
12 | aid) as funds received in connection with any funding program | ||||||
13 | for which it is entitled to receive funds from the State in | ||||||
14 | that fiscal year (including, without limitation, any funding | ||||||
15 | program referred to in subsection (c) of this Section), | ||||||
16 | regardless of the source or timing of the receipt. The | ||||||
17 | district may not classify more funds as funds received in | ||||||
18 | connection with the funding program than the district is | ||||||
19 | entitled to receive in that fiscal year for that program. Any | ||||||
20 | classification by a district must be made by a resolution of | ||||||
21 | its board of education. The resolution must identify the | ||||||
22 | amount of any block grant or general State aid to be classified | ||||||
23 | under this subsection (h) and must specify the funding program | ||||||
24 | to which the funds are to be treated as received in connection | ||||||
25 | therewith. This resolution is controlling as to the | ||||||
26 | classification of funds referenced therein. A certified copy |
| |||||||
| |||||||
1 | of the resolution must be sent to the State Superintendent of | ||||||
2 | Education. The resolution shall still take effect even though | ||||||
3 | a copy of the resolution has not been sent to the State | ||||||
4 | Superintendent of Education in a timely manner. No | ||||||
5 | classification under this subsection (h) by a district shall | ||||||
6 | affect the total amount or timing of money the district is | ||||||
7 | entitled to receive under this Code. No classification under | ||||||
8 | this subsection (h) by a district shall in any way relieve the | ||||||
9 | district from or affect any requirements that otherwise would | ||||||
10 | apply with respect to the block grant as provided in this | ||||||
11 | Section, including any accounting of funds by source, | ||||||
12 | reporting expenditures by original source and purpose, | ||||||
13 | reporting requirements, or requirements of provision of | ||||||
14 | services. | ||||||
15 | (Source: P.A. 100-55, eff. 8-11-17 .) | ||||||
16 | (Text of Section from P.A. 100-465) | ||||||
17 | Sec. 1D-1. Block grant funding. | ||||||
18 | (a) For fiscal year 1996 through fiscal year 2017, the | ||||||
19 | State Board of Education shall award to a school district | ||||||
20 | having a population exceeding 500,000 inhabitants a general | ||||||
21 | education block grant and an educational services block grant, | ||||||
22 | determined as provided in this Section, in lieu of | ||||||
23 | distributing to the district separate State funding for the | ||||||
24 | programs described in subsections (b) and (c). The provisions | ||||||
25 | of this Section, however, do not apply to any federal funds |
| |||||||
| |||||||
1 | that the district is entitled to receive. In accordance with | ||||||
2 | Section 2-3.32, all block grants are subject to an audit. | ||||||
3 | Therefore, block grant receipts and block grant expenditures | ||||||
4 | shall be recorded to the appropriate fund code for the | ||||||
5 | designated block grant. | ||||||
6 | (b) The general education block grant shall include the | ||||||
7 | following programs: REI Initiative, Summer Bridges, Preschool | ||||||
8 | At Risk, K-6 Comprehensive Arts, School Improvement Support, | ||||||
9 | Urban Education, Scientific Literacy, Substance Abuse | ||||||
10 | Prevention, Second Language Planning, Staff Development, | ||||||
11 | Outcomes and Assessment, K-6 Reading Improvement, 7-12 | ||||||
12 | Continued Reading Improvement, Truants' Optional Education, | ||||||
13 | Hispanic Programs, Agriculture Education, Parental Education, | ||||||
14 | Prevention Initiative, Report Cards, and Criminal Background | ||||||
15 | Investigations. The general education block grant shall also | ||||||
16 | include Preschool Education, Parental Training, and Prevention | ||||||
17 | Initiative through June 30, 2026. Notwithstanding any other | ||||||
18 | provision of law, all amounts paid under the general education | ||||||
19 | block grant from State appropriations to a school district in | ||||||
20 | a city having a population exceeding 500,000 inhabitants shall | ||||||
21 | be appropriated and expended by the board of that district for | ||||||
22 | any of the programs included in the block grant or any of the | ||||||
23 | board's lawful purposes. | ||||||
24 | (b-5) Beginning in Fiscal Year 2027, the Department of | ||||||
25 | Early Childhood shall award a block grant for Preschool | ||||||
26 | Education, Parental Training, and Prevention Initiative to a |
| |||||||
| |||||||
1 | school district having a population exceeding 500,000 | ||||||
2 | inhabitants. The grants are subject to audit. Therefore, block | ||||||
3 | grant receipts and block grant expenditures shall be recorded | ||||||
4 | to the appropriate fund code for the designated block grant. | ||||||
5 | Notwithstanding any other provision of law, all amounts paid | ||||||
6 | under the block grant from State appropriations to a school | ||||||
7 | district in a city having a population exceeding 500,000 | ||||||
8 | inhabitants shall be appropriated and expended by the board of | ||||||
9 | that district for any of the programs included in the block | ||||||
10 | grant or any of the board's lawful purposes. The district is | ||||||
11 | not required to file any application or other claim in order to | ||||||
12 | receive the block grant to which it is entitled under this | ||||||
13 | Section. The Department of Early Childhood shall make payments | ||||||
14 | to the district of amounts due under the district's block | ||||||
15 | grant on a schedule determined by the Department. A school | ||||||
16 | district to which this Section applies shall report to the | ||||||
17 | Department of Early Childhood on its use of the block grant in | ||||||
18 | such form and detail as the Department may specify. In | ||||||
19 | addition, the report must include the following description | ||||||
20 | for the district, which must also be reported to the General | ||||||
21 | Assembly: block grant allocation and expenditures by program; | ||||||
22 | population and service levels by program; and administrative | ||||||
23 | expenditures by program. The Department shall ensure that the | ||||||
24 | reporting requirements for the district are the same as for | ||||||
25 | all other school districts in this State. Beginning in Fiscal | ||||||
26 | Year 2018, at least 25% of any additional Preschool Education, |
| |||||||
| |||||||
1 | Parental Training, and Prevention Initiative program funding | ||||||
2 | over and above the previous fiscal year's allocation shall be | ||||||
3 | used to fund programs for children ages 0-3. Beginning in | ||||||
4 | Fiscal Year 2018, funding for Preschool Education, Parental | ||||||
5 | Training, and Prevention Initiative programs above the | ||||||
6 | allocation for these programs in Fiscal Year 2017 must be used | ||||||
7 | solely as a supplement for these programs and may not supplant | ||||||
8 | funds received from other sources. (b-10). | ||||||
9 | (c) The educational services block grant shall include the | ||||||
10 | following programs: Regular and Vocational Transportation, | ||||||
11 | State Lunch and Free Breakfast Program, Special Education | ||||||
12 | (Personnel, Transportation, Orphanage, Private Tuition), | ||||||
13 | funding for children requiring special education services, | ||||||
14 | Summer School, Educational Service Centers, and | ||||||
15 | Administrator's Academy. This subsection (c) does not relieve | ||||||
16 | the district of its obligation to provide the services | ||||||
17 | required under a program that is included within the | ||||||
18 | educational services block grant. It is the intention of the | ||||||
19 | General Assembly in enacting the provisions of this subsection | ||||||
20 | (c) to relieve the district of the administrative burdens that | ||||||
21 | impede efficiency and accompany single-program funding. The | ||||||
22 | General Assembly encourages the board to pursue mandate | ||||||
23 | waivers pursuant to Section 2-3.25g. | ||||||
24 | The funding program included in the educational services | ||||||
25 | block grant for funding for children requiring special | ||||||
26 | education services in each fiscal year shall be treated in |
| |||||||
| |||||||
1 | that fiscal year as a payment to the school district in respect | ||||||
2 | of services provided or costs incurred in the prior fiscal | ||||||
3 | year, calculated in each case as provided in this Section. | ||||||
4 | Nothing in this Section shall change the nature of payments | ||||||
5 | for any program that, apart from this Section, would be or, | ||||||
6 | prior to adoption or amendment of this Section, was on the | ||||||
7 | basis of a payment in a fiscal year in respect of services | ||||||
8 | provided or costs incurred in the prior fiscal year, | ||||||
9 | calculated in each case as provided in this Section. | ||||||
10 | (d) For fiscal year 1996 through fiscal year 2017, the | ||||||
11 | amount of the district's block grants shall be determined as | ||||||
12 | follows: (i) with respect to each program that is included | ||||||
13 | within each block grant, the district shall receive an amount | ||||||
14 | equal to the same percentage of the current fiscal year | ||||||
15 | appropriation made for that program as the percentage of the | ||||||
16 | appropriation received by the district from the 1995 fiscal | ||||||
17 | year appropriation made for that program, and (ii) the total | ||||||
18 | amount that is due the district under the block grant shall be | ||||||
19 | the aggregate of the amounts that the district is entitled to | ||||||
20 | receive for the fiscal year with respect to each program that | ||||||
21 | is included within the block grant that the State Board of | ||||||
22 | Education shall award the district under this Section for that | ||||||
23 | fiscal year. In the case of the Summer Bridges program, the | ||||||
24 | amount of the district's block grant shall be equal to 44% of | ||||||
25 | the amount of the current fiscal year appropriation made for | ||||||
26 | that program. |
| |||||||
| |||||||
1 | (e) The district is not required to file any application | ||||||
2 | or other claim in order to receive the block grants to which it | ||||||
3 | is entitled under this Section. The State Board of Education | ||||||
4 | shall make payments to the district of amounts due under the | ||||||
5 | district's block grants on a schedule determined by the State | ||||||
6 | Board of Education. | ||||||
7 | (f) A school district to which this Section applies shall | ||||||
8 | report to the State Board of Education on its use of the block | ||||||
9 | grants in such form and detail as the State Board of Education | ||||||
10 | may specify. In addition, the report must include the | ||||||
11 | following description for the district, which must also be | ||||||
12 | reported to the General Assembly: block grant allocation and | ||||||
13 | expenditures by program; population and service levels by | ||||||
14 | program; and administrative expenditures by program. The State | ||||||
15 | Board of Education shall ensure that the reporting | ||||||
16 | requirements for the district are the same as for all other | ||||||
17 | school districts in this State. | ||||||
18 | (g) Through fiscal year 2017, this paragraph provides for | ||||||
19 | the treatment of block grants under Article 1C for purposes of | ||||||
20 | calculating the amount of block grants for a district under | ||||||
21 | this Section. Those block grants under Article 1C are, for | ||||||
22 | this purpose, treated as included in the amount of | ||||||
23 | appropriation for the various programs set forth in paragraph | ||||||
24 | (b) above. The appropriation in each current fiscal year for | ||||||
25 | each block grant under Article 1C shall be treated for these | ||||||
26 | purposes as appropriations for the individual program included |
| |||||||
| |||||||
1 | in that block grant. The proportion of each block grant so | ||||||
2 | allocated to each such program included in it shall be the | ||||||
3 | proportion which the appropriation for that program was of all | ||||||
4 | appropriations for such purposes now in that block grant, in | ||||||
5 | fiscal 1995. | ||||||
6 | Payments to the school district under this Section with | ||||||
7 | respect to each program for which payments to school districts | ||||||
8 | generally, as of the date of this amendatory Act of the 92nd | ||||||
9 | General Assembly, are on a reimbursement basis shall continue | ||||||
10 | to be made to the district on a reimbursement basis, pursuant | ||||||
11 | to the provisions of this Code governing those programs. | ||||||
12 | (h) Notwithstanding any other provision of law, any school | ||||||
13 | district receiving a block grant under this Section may | ||||||
14 | classify all or a portion of the funds that it receives in a | ||||||
15 | particular fiscal year from any block grant authorized under | ||||||
16 | this Code or from general State aid pursuant to Section | ||||||
17 | 18-8.05 of this Code (other than supplemental general State | ||||||
18 | aid) as funds received in connection with any funding program | ||||||
19 | for which it is entitled to receive funds from the State in | ||||||
20 | that fiscal year (including, without limitation, any funding | ||||||
21 | program referred to in subsection (c) of this Section), | ||||||
22 | regardless of the source or timing of the receipt. The | ||||||
23 | district may not classify more funds as funds received in | ||||||
24 | connection with the funding program than the district is | ||||||
25 | entitled to receive in that fiscal year for that program. Any | ||||||
26 | classification by a district must be made by a resolution of |
| |||||||
| |||||||
1 | its board of education. The resolution must identify the | ||||||
2 | amount of any block grant or general State aid to be classified | ||||||
3 | under this subsection (h) and must specify the funding program | ||||||
4 | to which the funds are to be treated as received in connection | ||||||
5 | therewith. This resolution is controlling as to the | ||||||
6 | classification of funds referenced therein. A certified copy | ||||||
7 | of the resolution must be sent to the State Superintendent of | ||||||
8 | Education. The resolution shall still take effect even though | ||||||
9 | a copy of the resolution has not been sent to the State | ||||||
10 | Superintendent of Education in a timely manner. No | ||||||
11 | classification under this subsection (h) by a district shall | ||||||
12 | affect the total amount or timing of money the district is | ||||||
13 | entitled to receive under this Code. No classification under | ||||||
14 | this subsection (h) by a district shall in any way relieve the | ||||||
15 | district from or affect any requirements that otherwise would | ||||||
16 | apply with respect to the block grant as provided in this | ||||||
17 | Section, including any accounting of funds by source, | ||||||
18 | reporting expenditures by original source and purpose, | ||||||
19 | reporting requirements, or requirements of provision of | ||||||
20 | services. | ||||||
21 | (Source: P.A. 100-465, eff. 8-31-17 .) | ||||||
22 | (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47) | ||||||
23 | Sec. 2-3.47. The State Board of Education shall annually | ||||||
24 | submit a budget recommendation to the Governor and General | ||||||
25 | Assembly that contains recommendations for funding for |
| |||||||
| |||||||
1 | pre-school through grade 12 through Fiscal Year 2026. For | ||||||
2 | Fiscal Year 2027, and annually thereafter, the State Board of | ||||||
3 | Education shall submit a budget recommendation to the Governor | ||||||
4 | and General Assembly that contains recommendations for funding | ||||||
5 | for kindergarten through grade 12 . | ||||||
6 | (Source: P.A. 98-739, eff. 7-16-14.) | ||||||
7 | (105 ILCS 5/2-3.64a-10) | ||||||
8 | Sec. 2-3.64a-10. Kindergarten assessment. | ||||||
9 | (a) For the purposes of this Section, "kindergarten" | ||||||
10 | includes both full-day and half-day kindergarten programs. | ||||||
11 | (b) Beginning no later than the 2021-2022 school year, the | ||||||
12 | State Board of Education shall annually assess all public | ||||||
13 | school students entering kindergarten using a common | ||||||
14 | assessment tool, unless the State Board determines that a | ||||||
15 | student is otherwise exempt. The common assessment tool must | ||||||
16 | assess multiple developmental domains, including literacy, | ||||||
17 | language, mathematics, and social and emotional development. | ||||||
18 | The assessment must be valid, reliable, and developmentally | ||||||
19 | appropriate to formatively assess a child's development and | ||||||
20 | readiness for kindergarten. | ||||||
21 | (c) Results from the assessment may be used by the school | ||||||
22 | to understand the child's development and readiness for | ||||||
23 | kindergarten, to tailor instruction, and to measure the | ||||||
24 | child's progress over time. Assessment results may also be | ||||||
25 | used to identify a need for the professional development of |
| |||||||
| |||||||
1 | teachers and early childhood educators and to inform | ||||||
2 | State-level and district-level policies and resource | ||||||
3 | allocation. | ||||||
4 | The school shall make the assessment results available to | ||||||
5 | the child's parent or guardian. | ||||||
6 | The assessment results may not be used (i) to prevent a | ||||||
7 | child from enrolling in kindergarten or (ii) as the sole | ||||||
8 | measure used in determining the grade promotion or retention | ||||||
9 | of a student. | ||||||
10 | (d) On an annual basis, the State Board shall report | ||||||
11 | publicly, at a minimum, data from the assessment for the State | ||||||
12 | overall and for each school district. The State Board's report | ||||||
13 | must disaggregate data by race and ethnicity, household | ||||||
14 | income, students who are English learners, and students who | ||||||
15 | have an individualized education program. | ||||||
16 | (e) The State Superintendent of Education shall appoint a | ||||||
17 | committee of no more than 22 21 members, including the | ||||||
18 | Secretary of Early Childhood or the Secretary's designee, | ||||||
19 | parents, teachers, school administrators, assessment experts, | ||||||
20 | regional superintendents of schools, state policy advocates, | ||||||
21 | early childhood administrators, and other stakeholders, to | ||||||
22 | review, on an ongoing basis, the content and design of the | ||||||
23 | assessment, the collective results of the assessment as | ||||||
24 | measured against kindergarten-readiness standards, and other | ||||||
25 | issues involving the assessment as identified by the | ||||||
26 | committee. |
| |||||||
| |||||||
1 | The committee shall make periodic recommendations to the | ||||||
2 | State Superintendent of Education and the General Assembly | ||||||
3 | concerning the assessments. | ||||||
4 | (f) The State Board may adopt rules to implement and | ||||||
5 | administer this Section. | ||||||
6 | (Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21 | ||||||
7 | (See Section 10 of P.A. 102-671 for effective date of P.A. | ||||||
8 | 102-209).) | ||||||
9 | (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71) | ||||||
10 | Sec. 2-3.71. Grants for preschool educational programs. | ||||||
11 | (a) Preschool program. | ||||||
12 | (1) Through June 30, 2026, the The State Board of | ||||||
13 | Education shall implement and administer a grant program | ||||||
14 | under the provisions of this subsection which shall | ||||||
15 | consist of grants to public school districts and other | ||||||
16 | eligible entities, as defined by the State Board of | ||||||
17 | Education, to conduct voluntary preschool educational | ||||||
18 | programs for children ages 3 to 5 which include a parent | ||||||
19 | education component. A public school district which | ||||||
20 | receives grants under this subsection may subcontract with | ||||||
21 | other entities that are eligible to conduct a preschool | ||||||
22 | educational program. These grants must be used to | ||||||
23 | supplement, not supplant, funds received from any other | ||||||
24 | source. | ||||||
25 | (1.5) On and after July 1, 2026, the Department of |
| |||||||
| |||||||
1 | Early Childhood shall implement and administer a grant | ||||||
2 | program for school districts and other eligible entities, | ||||||
3 | as defined by the Department, to conduct voluntary | ||||||
4 | preschool educational programs for children ages 3 to 5 | ||||||
5 | which include a parent education component. A public | ||||||
6 | school district which receives grants under this | ||||||
7 | subsection may subcontract with other entities that are | ||||||
8 | eligible to conduct a preschool educational program. These | ||||||
9 | grants must be used to supplement, not supplant, funds | ||||||
10 | received from any other source. | ||||||
11 | (2) (Blank). | ||||||
12 | (3) Except as otherwise provided under this subsection | ||||||
13 | (a), any teacher of preschool children in the program | ||||||
14 | authorized by this subsection shall hold a Professional | ||||||
15 | Educator License with an early childhood education | ||||||
16 | endorsement. | ||||||
17 | (3.5) Beginning with the 2018-2019 school year and | ||||||
18 | until the 2028-2029 school year, an individual may teach | ||||||
19 | preschool children in an early childhood program under | ||||||
20 | this Section if he or she holds a Professional Educator | ||||||
21 | License with an early childhood education endorsement or | ||||||
22 | with short-term approval for early childhood education or | ||||||
23 | he or she pursues a Professional Educator License and | ||||||
24 | holds any of the following: | ||||||
25 | (A) An ECE Credential Level of 5 awarded by the | ||||||
26 | Department of Human Services under the Gateways to |
| |||||||
| |||||||
1 | Opportunity Program developed under Section 10-70 of | ||||||
2 | the Department of Human Services Act. | ||||||
3 | (B) An Educator License with Stipulations with a | ||||||
4 | transitional bilingual educator endorsement and he or | ||||||
5 | she has (i) passed an early childhood education | ||||||
6 | content test or (ii) completed no less than 9 semester | ||||||
7 | hours of postsecondary coursework in the area of early | ||||||
8 | childhood education. | ||||||
9 | (4) (Blank). | ||||||
10 | (4.5) Through June 30, 2026, the State Board of | ||||||
11 | Education shall provide the primary source of funding | ||||||
12 | through appropriations for the program. On and after July | ||||||
13 | 1, 2026, the Department of Early Childhood shall provide | ||||||
14 | the primary source of funding through appropriations for | ||||||
15 | the program. The State Board of Education shall provide | ||||||
16 | the primary source of funding through appropriations for | ||||||
17 | the program. Such funds shall be distributed to achieve a | ||||||
18 | goal of "Preschool for All Children" for the benefit of | ||||||
19 | all children whose families choose to participate in the | ||||||
20 | program. Based on available appropriations, newly funded | ||||||
21 | programs shall be selected through a process giving first | ||||||
22 | priority to qualified programs serving primarily at-risk | ||||||
23 | children and second priority to qualified programs serving | ||||||
24 | primarily children with a family income of less than 4 | ||||||
25 | times the poverty guidelines updated periodically in the | ||||||
26 | Federal Register by the U.S. Department of Health and |
| |||||||
| |||||||
1 | Human Services under the authority of 42 U.S.C. 9902(2). | ||||||
2 | For purposes of this paragraph (4.5), at-risk children are | ||||||
3 | those who because of their home and community environment | ||||||
4 | are subject to such language, cultural, economic and like | ||||||
5 | disadvantages to cause them to have been determined as a | ||||||
6 | result of screening procedures to be at risk of academic | ||||||
7 | failure. Through June 30, 2026, such screening procedures | ||||||
8 | shall be based on criteria established by the State Board | ||||||
9 | of Education. On and after July 1, 2026, such screening | ||||||
10 | procedures shall be based on criteria established by the | ||||||
11 | Department of Early Childhood. Such screening procedures | ||||||
12 | shall be based on criteria established by the State Board | ||||||
13 | of Education. | ||||||
14 | Except as otherwise provided in this paragraph (4.5), | ||||||
15 | grantees under the program must enter into a memorandum of | ||||||
16 | understanding with the appropriate local Head Start | ||||||
17 | agency. This memorandum must be entered into no later than | ||||||
18 | 3 months after the award of a grantee's grant under the | ||||||
19 | program, except that, in the case of the 2009-2010 program | ||||||
20 | year, the memorandum must be entered into no later than | ||||||
21 | the deadline set by the State Board of Education for | ||||||
22 | applications to participate in the program in fiscal year | ||||||
23 | 2011, and must address collaboration between the grantee's | ||||||
24 | program and the local Head Start agency on certain issues, | ||||||
25 | which shall include without limitation the following: | ||||||
26 | (A) educational activities, curricular objectives, |
| |||||||
| |||||||
1 | and instruction; | ||||||
2 | (B) public information dissemination and access to | ||||||
3 | programs for families contacting programs; | ||||||
4 | (C) service areas; | ||||||
5 | (D) selection priorities for eligible children to | ||||||
6 | be served by programs; | ||||||
7 | (E) maximizing the impact of federal and State | ||||||
8 | funding to benefit young children; | ||||||
9 | (F) staff training, including opportunities for | ||||||
10 | joint staff training; | ||||||
11 | (G) technical assistance; | ||||||
12 | (H) communication and parent outreach for smooth | ||||||
13 | transitions to kindergarten; | ||||||
14 | (I) provision and use of facilities, | ||||||
15 | transportation, and other program elements; | ||||||
16 | (J) facilitating each program's fulfillment of its | ||||||
17 | statutory and regulatory requirements; | ||||||
18 | (K) improving local planning and collaboration; | ||||||
19 | and | ||||||
20 | (L) providing comprehensive services for the | ||||||
21 | neediest Illinois children and families. | ||||||
22 | Through June 30, 2026, if If the appropriate local Head | ||||||
23 | Start agency is unable or unwilling to enter into a | ||||||
24 | memorandum of understanding as required under this | ||||||
25 | paragraph (4.5), the memorandum of understanding | ||||||
26 | requirement shall not apply and the grantee under the |
| |||||||
| |||||||
1 | program must notify the State Board of Education in | ||||||
2 | writing of the Head Start agency's inability or | ||||||
3 | unwillingness. The State Board of Education shall compile | ||||||
4 | all such written notices and make them available to the | ||||||
5 | public. On and after July 1, 2026, if the appropriate | ||||||
6 | local Head Start agency is unable or unwilling to enter | ||||||
7 | into a memorandum of understanding as required under this | ||||||
8 | paragraph (4.5), the memorandum of understanding | ||||||
9 | requirement shall not apply and the grantee under the | ||||||
10 | program must notify the Department of Early Childhood in | ||||||
11 | writing of the Head Start agency's inability or | ||||||
12 | unwillingness. The Department of Early Childhood shall | ||||||
13 | compile all such written notices and make them available | ||||||
14 | to the public. | ||||||
15 | (5) Through June 30, 2026, the The State Board of | ||||||
16 | Education shall develop and provide evaluation tools, | ||||||
17 | including tests, that school districts and other eligible | ||||||
18 | entities may use to evaluate children for school readiness | ||||||
19 | prior to age 5. The State Board of Education shall require | ||||||
20 | school districts and other eligible entities to obtain | ||||||
21 | consent from the parents or guardians of children before | ||||||
22 | any evaluations are conducted. The State Board of | ||||||
23 | Education shall encourage local school districts and other | ||||||
24 | eligible entities to evaluate the population of preschool | ||||||
25 | children in their communities and provide preschool | ||||||
26 | programs, pursuant to this subsection, where appropriate. |
| |||||||
| |||||||
1 | (5.1) On and after July 1, 2026, the Department of | ||||||
2 | Early Childhood shall develop and provide evaluation | ||||||
3 | tools, including tests, that school districts and other | ||||||
4 | eligible entities may use to evaluate children for school | ||||||
5 | readiness prior to age 5. The Department of Early | ||||||
6 | Childhood shall require school districts and other | ||||||
7 | eligible entities to obtain consent from the parents or | ||||||
8 | guardians of children before any evaluations are | ||||||
9 | conducted. The Department of Early Childhood shall | ||||||
10 | encourage local school districts and other eligible | ||||||
11 | entities to evaluate the population of preschool children | ||||||
12 | in their communities and provide preschool programs, | ||||||
13 | pursuant to this subsection, where appropriate. | ||||||
14 | (6) Through June 30, 2026, the The State Board of | ||||||
15 | Education shall report to the General Assembly by November | ||||||
16 | 1, 2018 and every 2 years thereafter on the results and | ||||||
17 | progress of students who were enrolled in preschool | ||||||
18 | educational programs, including an assessment of which | ||||||
19 | programs have been most successful in promoting academic | ||||||
20 | excellence and alleviating academic failure. Through June | ||||||
21 | 30, 2026, the The State Board of Education shall assess | ||||||
22 | the academic progress of all students who have been | ||||||
23 | enrolled in preschool educational programs. | ||||||
24 | Through fiscal year 2026, on On or before November 1 | ||||||
25 | of each fiscal year in which the General Assembly provides | ||||||
26 | funding for new programs under paragraph (4.5) of this |
| |||||||
| |||||||
1 | Section, the State Board of Education shall report to the | ||||||
2 | General Assembly on what percentage of new funding was | ||||||
3 | provided to programs serving primarily at-risk children, | ||||||
4 | what percentage of new funding was provided to programs | ||||||
5 | serving primarily children with a family income of less | ||||||
6 | than 4 times the federal poverty level, and what | ||||||
7 | percentage of new funding was provided to other programs. | ||||||
8 | (6.1) On and after July 1, 2026, the Department of | ||||||
9 | Early Childhood shall report to the General Assembly by | ||||||
10 | November 1, 2026 and every 2 years thereafter on the | ||||||
11 | results and progress of students who were enrolled in | ||||||
12 | preschool educational programs, including an assessment of | ||||||
13 | which programs have been most successful in promoting | ||||||
14 | academic excellence and alleviating academic failure. On | ||||||
15 | and after July 1, 2026, the Department of Early Childhood | ||||||
16 | shall assess the academic progress of all students who | ||||||
17 | have been enrolled in preschool educational programs. | ||||||
18 | Beginning in fiscal year 2027, on or before November 1 of | ||||||
19 | each fiscal year in which the General Assembly provides | ||||||
20 | funding for new programs under paragraph (4.5) of this | ||||||
21 | Section, the Department of Early Childhood shall report to | ||||||
22 | the General Assembly on what percentage of new funding was | ||||||
23 | provided to programs serving primarily at-risk children, | ||||||
24 | what percentage of new funding was provided to programs | ||||||
25 | serving primarily children with a family income of less | ||||||
26 | than 4 times the federal poverty level, and what |
| |||||||
| |||||||
1 | percentage of new funding was provided to other programs. | ||||||
2 | (7) Due to evidence that expulsion practices in the | ||||||
3 | preschool years are linked to poor child outcomes and are | ||||||
4 | employed inconsistently across racial and gender groups, | ||||||
5 | early childhood programs receiving State funds under this | ||||||
6 | subsection (a) shall prohibit expulsions. Planned | ||||||
7 | transitions to settings that are able to better meet a | ||||||
8 | child's needs are not considered expulsion under this | ||||||
9 | paragraph (7). | ||||||
10 | (A) When persistent and serious challenging | ||||||
11 | behaviors emerge, the early childhood program shall | ||||||
12 | document steps taken to ensure that the child can | ||||||
13 | participate safely in the program; including | ||||||
14 | observations of initial and ongoing challenging | ||||||
15 | behaviors, strategies for remediation and intervention | ||||||
16 | plans to address the behaviors, and communication with | ||||||
17 | the parent or legal guardian, including participation | ||||||
18 | of the parent or legal guardian in planning and | ||||||
19 | decision-making. | ||||||
20 | (B) The early childhood program shall, with | ||||||
21 | parental or legal guardian consent as required, | ||||||
22 | utilize a range of community resources, if available | ||||||
23 | and deemed necessary, including, but not limited to, | ||||||
24 | developmental screenings, referrals to programs and | ||||||
25 | services administered by a local educational agency or | ||||||
26 | early intervention agency under Parts B and C of the |
| |||||||
| |||||||
1 | federal Individual with Disabilities Education Act, | ||||||
2 | and consultation with infant and early childhood | ||||||
3 | mental health consultants and the child's health care | ||||||
4 | provider. The program shall document attempts to | ||||||
5 | engage these resources, including parent or legal | ||||||
6 | guardian participation and consent attempted and | ||||||
7 | obtained. Communication with the parent or legal | ||||||
8 | guardian shall take place in a culturally and | ||||||
9 | linguistically competent manner. | ||||||
10 | (C) If there is documented evidence that all | ||||||
11 | available interventions and supports recommended by a | ||||||
12 | qualified professional have been exhausted and the | ||||||
13 | program determines in its professional judgment that | ||||||
14 | transitioning a child to another program is necessary | ||||||
15 | for the well-being of the child or his or her peers and | ||||||
16 | staff, with parent or legal guardian permission, both | ||||||
17 | the current and pending programs shall create a | ||||||
18 | transition plan designed to ensure continuity of | ||||||
19 | services and the comprehensive development of the | ||||||
20 | child. Communication with families shall occur in a | ||||||
21 | culturally and linguistically competent manner. | ||||||
22 | (D) Nothing in this paragraph (7) shall preclude a | ||||||
23 | parent's or legal guardian's right to voluntarily | ||||||
24 | withdraw his or her child from an early childhood | ||||||
25 | program. Early childhood programs shall request and | ||||||
26 | keep on file, when received, a written statement from |
| |||||||
| |||||||
1 | the parent or legal guardian stating the reason for | ||||||
2 | his or her decision to withdraw his or her child. | ||||||
3 | (E) In the case of the determination of a serious | ||||||
4 | safety threat to a child or others or in the case of | ||||||
5 | behaviors listed in subsection (d) of Section 10-22.6 | ||||||
6 | of this Code, the temporary removal of a child from | ||||||
7 | attendance in group settings may be used. Temporary | ||||||
8 | removal of a child from attendance in a group setting | ||||||
9 | shall trigger the process detailed in subparagraphs | ||||||
10 | (A), (B), and (C) of this paragraph (7), with the child | ||||||
11 | placed back in a group setting as quickly as possible. | ||||||
12 | (F) Early childhood programs may utilize and the | ||||||
13 | Department of Early Childhood, State Board of | ||||||
14 | Education, the Department of Human Services, and the | ||||||
15 | Department of Children and Family Services shall | ||||||
16 | recommend training, technical support, and | ||||||
17 | professional development resources to improve the | ||||||
18 | ability of teachers, administrators, program | ||||||
19 | directors, and other staff to promote social-emotional | ||||||
20 | development and behavioral health, to address | ||||||
21 | challenging behaviors, and to understand trauma and | ||||||
22 | trauma-informed care, cultural competence, family | ||||||
23 | engagement with diverse populations, the impact of | ||||||
24 | implicit bias on adult behavior, and the use of | ||||||
25 | reflective practice techniques. Support shall include | ||||||
26 | the availability of resources to contract with infant |
| |||||||
| |||||||
1 | and early childhood mental health consultants. | ||||||
2 | (G) Through June 30, 2026 Beginning on July 1, | ||||||
3 | 2018 , early childhood programs shall annually report | ||||||
4 | to the State Board of Education, and, beginning in | ||||||
5 | fiscal year 2020, the State Board of Education shall | ||||||
6 | make available on a biennial basis, in an existing | ||||||
7 | report, all of the following data for children from | ||||||
8 | birth to age 5 who are served by the program: | ||||||
9 | (i) Total number served over the course of the | ||||||
10 | program year and the total number of children who | ||||||
11 | left the program during the program year. | ||||||
12 | (ii) Number of planned transitions to another | ||||||
13 | program due to children's behavior, by children's | ||||||
14 | race, gender, disability, language, class/group | ||||||
15 | size, teacher-child ratio, and length of program | ||||||
16 | day. | ||||||
17 | (iii) Number of temporary removals of a child | ||||||
18 | from attendance in group settings due to a serious | ||||||
19 | safety threat under subparagraph (E) of this | ||||||
20 | paragraph (7), by children's race, gender, | ||||||
21 | disability, language, class/group size, | ||||||
22 | teacher-child ratio, and length of program day. | ||||||
23 | (iv) Hours of infant and early childhood | ||||||
24 | mental health consultant contact with program | ||||||
25 | leaders, staff, and families over the program | ||||||
26 | year. |
| |||||||
| |||||||
1 | (G-5) On and after July 1, 2026, early childhood | ||||||
2 | programs shall annually report to the Department of | ||||||
3 | Early Childhood, and beginning in fiscal year 2028, | ||||||
4 | the Department of Early Childhood shall make available | ||||||
5 | on a biennial basis, in a report, all of the following | ||||||
6 | data for children from birth to age 5 who are served by | ||||||
7 | the program: | ||||||
8 | (i) Total number served over the course of the | ||||||
9 | program year and the total number of children who | ||||||
10 | left the program during the program year. | ||||||
11 | (ii) Number of planned transitions to another | ||||||
12 | program due to children's behavior, by children's | ||||||
13 | race, gender, disability, language, class/group | ||||||
14 | size, teacher-child ratio, and length of program | ||||||
15 | day. | ||||||
16 | (iii) Number of temporary removals of a child | ||||||
17 | from attendance in group settings due to a serious | ||||||
18 | safety threat under subparagraph (E) of this | ||||||
19 | paragraph (7), by children's race, gender, | ||||||
20 | disability, language, class/group size, | ||||||
21 | teacher-child ratio, and length of program day. | ||||||
22 | (iv) Hours of infant and early childhood | ||||||
23 | mental health consultant contact with program | ||||||
24 | leaders, staff, and families over the program | ||||||
25 | year. | ||||||
26 | (H) Changes to services for children with an |
| |||||||
| |||||||
1 | individualized education program or individual family | ||||||
2 | service plan shall be construed in a manner consistent | ||||||
3 | with the federal Individuals with Disabilities | ||||||
4 | Education Act. | ||||||
5 | The Department of Early Childhood State Board of | ||||||
6 | Education , in consultation with the Governor's Office of | ||||||
7 | Early Childhood Development and the Department of Children | ||||||
8 | and Family Services, shall adopt rules to administer this | ||||||
9 | paragraph (7). | ||||||
10 | (b) (Blank). | ||||||
11 | (c) Notwithstanding any other provisions of this Section, | ||||||
12 | grantees may serve children ages 0 to 12 of essential workers | ||||||
13 | if the Governor has declared a disaster due to a public health | ||||||
14 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
15 | Management Agency Act. For the purposes of this subsection, | ||||||
16 | essential workers include those outlined in Executive Order | ||||||
17 | 20-8 and school employees. The State Board of Education shall | ||||||
18 | adopt rules to administer this subsection. | ||||||
19 | (d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5), | ||||||
20 | (a)(5.1), (a)(6), (a)(6.1), and (a)(7) and subsection (c) of | ||||||
21 | this Section are inoperative on and after July 1, 2026. | ||||||
22 | (Source: P.A. 103-111, eff. 6-29-23.) | ||||||
23 | (105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a) | ||||||
24 | Sec. 2-3.71a. Grants for early childhood parental training | ||||||
25 | programs. The State Board of Education shall implement and |
| |||||||
| |||||||
1 | administer a grant program consisting of grants to public | ||||||
2 | school districts and other eligible entities, as defined by | ||||||
3 | the State Board of Education, to conduct early childhood | ||||||
4 | parental training programs for the parents of children in the | ||||||
5 | period of life from birth to kindergarten. A public school | ||||||
6 | district that receives grants under this Section may contract | ||||||
7 | with other eligible entities to conduct an early childhood | ||||||
8 | parental training program. These grants must be used to | ||||||
9 | supplement, not supplant, funds received from any other | ||||||
10 | source. A school board or other eligible entity shall employ | ||||||
11 | appropriately qualified personnel for its early childhood | ||||||
12 | parental training program, including but not limited to | ||||||
13 | certified teachers, counselors, psychiatrists, psychologists | ||||||
14 | and social workers. | ||||||
15 | (a) As used in this Section, "parental training" means and | ||||||
16 | includes instruction in the following: | ||||||
17 | (1) Child growth and development, including prenatal | ||||||
18 | development. | ||||||
19 | (2) Childbirth and child care. | ||||||
20 | (3) Family structure, function and management. | ||||||
21 | (4) Prenatal and postnatal care for mothers and | ||||||
22 | infants. | ||||||
23 | (5) Prevention of child abuse. | ||||||
24 | (6) The physical, mental, emotional, social, economic | ||||||
25 | and psychological aspects of interpersonal and family | ||||||
26 | relationships. |
| |||||||
| |||||||
1 | (7) Parenting skill development. | ||||||
2 | The programs shall include activities that require | ||||||
3 | substantial participation and interaction between parent and | ||||||
4 | child. | ||||||
5 | (b) The Board shall annually award funds through a grant | ||||||
6 | approval process established by the State Board of Education, | ||||||
7 | providing that an annual appropriation is made for this | ||||||
8 | purpose from State, federal or private funds. Nothing in this | ||||||
9 | Section shall preclude school districts from applying for or | ||||||
10 | accepting private funds to establish and implement programs. | ||||||
11 | (c) The State Board of Education shall assist those | ||||||
12 | districts and other eligible entities offering early childhood | ||||||
13 | parental training programs, upon request, in developing | ||||||
14 | instructional materials, training teachers and staff, and | ||||||
15 | establishing appropriate time allotments for each of the areas | ||||||
16 | included in such instruction. | ||||||
17 | (d) School districts and other eligible entities may offer | ||||||
18 | early childhood parental training courses during that period | ||||||
19 | of the day which is not part of the regular school day. | ||||||
20 | Residents of the community may enroll in such courses. The | ||||||
21 | school board or other eligible entity may establish fees and | ||||||
22 | collect such charges as may be necessary for attendance at | ||||||
23 | such courses in an amount not to exceed the per capita cost of | ||||||
24 | the operation thereof, except that the board or other eligible | ||||||
25 | entity may waive all or part of such charges if it determines | ||||||
26 | that the parent is indigent or that the educational needs of |
| |||||||
| |||||||
1 | the parent require his or her attendance at such courses. | ||||||
2 | (e) Parents who participate in early childhood parental | ||||||
3 | training programs under this Section may be eligible for | ||||||
4 | reasonable reimbursement of any incidental transportation and | ||||||
5 | child care expenses from the school district receiving funds | ||||||
6 | pursuant to this Section. | ||||||
7 | (f) Districts and other eligible entities receiving grants | ||||||
8 | pursuant to this Section shall coordinate programs created | ||||||
9 | under this Section with other preschool educational programs, | ||||||
10 | including "at-risk" preschool programs, special and vocational | ||||||
11 | education, and related services provided by other governmental | ||||||
12 | agencies and not-for-profit agencies. | ||||||
13 | (g) The State Board of Education shall report to the | ||||||
14 | General Assembly by July 1, 1991, on the results of the | ||||||
15 | programs funded pursuant to this Section and whether a need | ||||||
16 | continues for such programs. | ||||||
17 | (h) After July 1, 2006, any parental training services | ||||||
18 | funded pursuant to this Section on the effective date of this | ||||||
19 | amendatory Act of the 94th General Assembly shall continue to | ||||||
20 | be funded pursuant to this Section, subject to appropriation | ||||||
21 | and the meeting of program standards. Any additional parental | ||||||
22 | training services must be funded, subject to appropriation, | ||||||
23 | through preschool education grants pursuant to subdivision (4) | ||||||
24 | of subsection (a) of Section 2-3.71 of this Code for families | ||||||
25 | with children ages 3 to 5 and through prevention initiative | ||||||
26 | grants pursuant to subsection (b) of Section 2-3.89 of this |
| |||||||
| |||||||
1 | Code for expecting families and those with children from birth | ||||||
2 | to 3 years of age. | ||||||
3 | (i) Early childhood programs under this Section are | ||||||
4 | subject to the requirements under paragraph (7) of subsection | ||||||
5 | (a) of Section 2-3.71 of this Code. | ||||||
6 | (j) This Section is repealed on July 1, 2026. | ||||||
7 | (Source: P.A. 100-105, eff. 1-1-18 .) | ||||||
8 | (105 ILCS 5/2-3.79) (from Ch. 122, par. 2-3.79) | ||||||
9 | Sec. 2-3.79. Pilot programs and special education services | ||||||
10 | for preschool children with disabilities from birth to age 3. | ||||||
11 | The State Board of Education may enter into contracts with | ||||||
12 | public or not-for-profit private organizations or agencies to | ||||||
13 | establish model pilot programs which provide services to | ||||||
14 | children with disabilities from birth up to the age of 3 years. | ||||||
15 | Annual grants shall be awarded on a competitive basis pursuant | ||||||
16 | to established criteria provided that there is an annual | ||||||
17 | appropriation for this purpose. Public or not-for-profit | ||||||
18 | private organizations or agencies that are providing services | ||||||
19 | to children with disabilities up to the age of 3 years prior to | ||||||
20 | September 22, 1985 are eligible to receive grants awarded | ||||||
21 | pursuant to this Section. | ||||||
22 | Each pilot program shall include, but not be limited to: a | ||||||
23 | process for identification of infants with disabilities in the | ||||||
24 | region; community awareness of the project and the services | ||||||
25 | provided; an intervention system; methods to assess and |
| |||||||
| |||||||
1 | diagnose infants with disabilities; written individual | ||||||
2 | treatment programs that include parental involvement; an | ||||||
3 | interdisciplinary treatment approach to include other agencies | ||||||
4 | and not-for-profit organizations; and a written evaluation | ||||||
5 | submitted to the State Board of Education at the end of the | ||||||
6 | grant period. | ||||||
7 | An Interagency Coordination Council shall be established | ||||||
8 | consisting of a representative of the State Superintendent of | ||||||
9 | Education who shall serve as chairman, and one representative | ||||||
10 | from the following departments appointed by the respective | ||||||
11 | directors or secretary: Children and Family Services, Public | ||||||
12 | Health, Human Services, Public Aid, and the Division of | ||||||
13 | Specialized Care for Children of the University of Illinois. | ||||||
14 | The council shall recommend criteria to the State Board of | ||||||
15 | Education for the awarding of grants pursuant to this Section | ||||||
16 | and shall assist in coordinating the services provided by | ||||||
17 | agencies to the children with disabilities described in this | ||||||
18 | Section. | ||||||
19 | A report containing recommendations concerning all of the | ||||||
20 | pilot programs shall be submitted by the State Board of | ||||||
21 | Education to the General Assembly by January of 1989. The | ||||||
22 | report which shall analyze the results of the pilot programs | ||||||
23 | funded under this Section and make recommendations concerning | ||||||
24 | existing and proposed programs shall include, but not be | ||||||
25 | limited to: recommendations for staff licensure and | ||||||
26 | qualifications; the number of children and families eligible |
| |||||||
| |||||||
1 | for services statewide; the cost of serving the children and | ||||||
2 | their families; the types of services to be provided; and | ||||||
3 | designs for the most effective delivery systems of these | ||||||
4 | services. | ||||||
5 | This Section is repealed on July 1, 2026. | ||||||
6 | (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.) | ||||||
7 | (105 ILCS 5/2-3.89) (from Ch. 122, par. 2-3.89) | ||||||
8 | Sec. 2-3.89. Programs concerning services to at-risk | ||||||
9 | children and their families. | ||||||
10 | (a) The State Board of Education may provide grants to | ||||||
11 | eligible entities, as defined by the State Board of Education, | ||||||
12 | to establish programs which offer coordinated services to | ||||||
13 | at-risk infants and toddlers and their families. Each program | ||||||
14 | shall include a parent education program relating to the | ||||||
15 | development and nurturing of infants and toddlers and case | ||||||
16 | management services to coordinate existing services available | ||||||
17 | in the region served by the program. These services shall be | ||||||
18 | provided through the implementation of an individual family | ||||||
19 | service plan. Each program will have a community involvement | ||||||
20 | component to provide coordination in the service system. | ||||||
21 | (b) The State Board of Education shall administer the | ||||||
22 | programs through the grants to public school districts and | ||||||
23 | other eligible entities. These grants must be used to | ||||||
24 | supplement, not supplant, funds received from any other | ||||||
25 | source. School districts and other eligible entities receiving |
| |||||||
| |||||||
1 | grants pursuant to this Section shall conduct voluntary, | ||||||
2 | intensive, research-based, and comprehensive prevention | ||||||
3 | services, as defined by the State Board of Education, for | ||||||
4 | expecting parents and families with children from birth to age | ||||||
5 | 3 who are at-risk of academic failure. A public school | ||||||
6 | district that receives a grant under this Section may | ||||||
7 | subcontract with other eligible entities. | ||||||
8 | (c) The State Board of Education shall report to the | ||||||
9 | General Assembly by July 1, 2006 and every 2 years thereafter, | ||||||
10 | using the most current data available, on the status of | ||||||
11 | programs funded under this Section, including without | ||||||
12 | limitation characteristics of participants, services | ||||||
13 | delivered, program models used, unmet needs, and results of | ||||||
14 | the programs funded. | ||||||
15 | (d) This Section is repealed on July 1, 2026. | ||||||
16 | (Source: P.A. 96-734, eff. 8-25-09.) | ||||||
17 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | ||||||
18 | (Text of Section before amendment by P.A. 102-466 ) | ||||||
19 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
20 | searches. | ||||||
21 | (a) To expel pupils guilty of gross disobedience or | ||||||
22 | misconduct, including gross disobedience or misconduct | ||||||
23 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
24 | of this Section, and no action shall lie against them for such | ||||||
25 | expulsion. Expulsion shall take place only after the parents |
| |||||||
| |||||||
1 | have been requested to appear at a meeting of the board, or | ||||||
2 | with a hearing officer appointed by it, to discuss their | ||||||
3 | child's behavior. Such request shall be made by registered or | ||||||
4 | certified mail and shall state the time, place and purpose of | ||||||
5 | the meeting. The board, or a hearing officer appointed by it, | ||||||
6 | at such meeting shall state the reasons for dismissal and the | ||||||
7 | date on which the expulsion is to become effective. If a | ||||||
8 | hearing officer is appointed by the board, he shall report to | ||||||
9 | the board a written summary of the evidence heard at the | ||||||
10 | meeting and the board may take such action thereon as it finds | ||||||
11 | appropriate. If the board acts to expel a pupil, the written | ||||||
12 | expulsion decision shall detail the specific reasons why | ||||||
13 | removing the pupil from the learning environment is in the | ||||||
14 | best interest of the school. The expulsion decision shall also | ||||||
15 | include a rationale as to the specific duration of the | ||||||
16 | expulsion. An expelled pupil may be immediately transferred to | ||||||
17 | an alternative program in the manner provided in Article 13A | ||||||
18 | or 13B of this Code. A pupil must not be denied transfer | ||||||
19 | because of the expulsion, except in cases in which such | ||||||
20 | transfer is deemed to cause a threat to the safety of students | ||||||
21 | or staff in the alternative program. | ||||||
22 | (b) To suspend or by policy to authorize the | ||||||
23 | superintendent of the district or the principal, assistant | ||||||
24 | principal, or dean of students of any school to suspend pupils | ||||||
25 | guilty of gross disobedience or misconduct, or to suspend | ||||||
26 | pupils guilty of gross disobedience or misconduct on the |
| |||||||
| |||||||
1 | school bus from riding the school bus, pursuant to subsections | ||||||
2 | (b-15) and (b-20) of this Section, and no action shall lie | ||||||
3 | against them for such suspension. The board may by policy | ||||||
4 | authorize the superintendent of the district or the principal, | ||||||
5 | assistant principal, or dean of students of any school to | ||||||
6 | suspend pupils guilty of such acts for a period not to exceed | ||||||
7 | 10 school days. If a pupil is suspended due to gross | ||||||
8 | disobedience or misconduct on a school bus, the board may | ||||||
9 | suspend the pupil in excess of 10 school days for safety | ||||||
10 | reasons. | ||||||
11 | Any suspension shall be reported immediately to the | ||||||
12 | parents or guardian of a pupil along with a full statement of | ||||||
13 | the reasons for such suspension and a notice of their right to | ||||||
14 | a review. The school board must be given a summary of the | ||||||
15 | notice, including the reason for the suspension and the | ||||||
16 | suspension length. Upon request of the parents or guardian, | ||||||
17 | the school board or a hearing officer appointed by it shall | ||||||
18 | review such action of the superintendent or principal, | ||||||
19 | assistant principal, or dean of students. At such review, the | ||||||
20 | parents or guardian of the pupil may appear and discuss the | ||||||
21 | suspension with the board or its hearing officer. If a hearing | ||||||
22 | officer is appointed by the board, he shall report to the board | ||||||
23 | a written summary of the evidence heard at the meeting. After | ||||||
24 | its hearing or upon receipt of the written report of its | ||||||
25 | hearing officer, the board may take such action as it finds | ||||||
26 | appropriate. If a student is suspended pursuant to this |
| |||||||
| |||||||
1 | subsection (b), the board shall, in the written suspension | ||||||
2 | decision, detail the specific act of gross disobedience or | ||||||
3 | misconduct resulting in the decision to suspend. The | ||||||
4 | suspension decision shall also include a rationale as to the | ||||||
5 | specific duration of the suspension. A pupil who is suspended | ||||||
6 | in excess of 20 school days may be immediately transferred to | ||||||
7 | an alternative program in the manner provided in Article 13A | ||||||
8 | or 13B of this Code. A pupil must not be denied transfer | ||||||
9 | because of the suspension, except in cases in which such | ||||||
10 | transfer is deemed to cause a threat to the safety of students | ||||||
11 | or staff in the alternative program. | ||||||
12 | (b-5) Among the many possible disciplinary interventions | ||||||
13 | and consequences available to school officials, school | ||||||
14 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
15 | are the most serious. School officials shall limit the number | ||||||
16 | and duration of expulsions and suspensions to the greatest | ||||||
17 | extent practicable, and it is recommended that they use them | ||||||
18 | only for legitimate educational purposes. To ensure that | ||||||
19 | students are not excluded from school unnecessarily, it is | ||||||
20 | recommended that school officials consider forms of | ||||||
21 | non-exclusionary discipline prior to using out-of-school | ||||||
22 | suspensions or expulsions. | ||||||
23 | (b-10) Unless otherwise required by federal law or this | ||||||
24 | Code, school boards may not institute zero-tolerance policies | ||||||
25 | by which school administrators are required to suspend or | ||||||
26 | expel students for particular behaviors. |
| |||||||
| |||||||
1 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
2 | used only if the student's continuing presence in school would | ||||||
3 | pose a threat to school safety or a disruption to other | ||||||
4 | students' learning opportunities. For purposes of this | ||||||
5 | subsection (b-15), "threat to school safety or a disruption to | ||||||
6 | other students' learning opportunities" shall be determined on | ||||||
7 | a case-by-case basis by the school board or its designee. | ||||||
8 | School officials shall make all reasonable efforts to resolve | ||||||
9 | such threats, address such disruptions, and minimize the | ||||||
10 | length of suspensions to the greatest extent practicable. | ||||||
11 | (b-20) Unless otherwise required by this Code, | ||||||
12 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
13 | and disciplinary removals to alternative schools may be used | ||||||
14 | only if other appropriate and available behavioral and | ||||||
15 | disciplinary interventions have been exhausted and the | ||||||
16 | student's continuing presence in school would either (i) pose | ||||||
17 | a threat to the safety of other students, staff, or members of | ||||||
18 | the school community or (ii) substantially disrupt, impede, or | ||||||
19 | interfere with the operation of the school. For purposes of | ||||||
20 | this subsection (b-20), "threat to the safety of other | ||||||
21 | students, staff, or members of the school community" and | ||||||
22 | "substantially disrupt, impede, or interfere with the | ||||||
23 | operation of the school" shall be determined on a case-by-case | ||||||
24 | basis by school officials. For purposes of this subsection | ||||||
25 | (b-20), the determination of whether "appropriate and | ||||||
26 | available behavioral and disciplinary interventions have been |
| |||||||
| |||||||
1 | exhausted" shall be made by school officials. School officials | ||||||
2 | shall make all reasonable efforts to resolve such threats, | ||||||
3 | address such disruptions, and minimize the length of student | ||||||
4 | exclusions to the greatest extent practicable. Within the | ||||||
5 | suspension decision described in subsection (b) of this | ||||||
6 | Section or the expulsion decision described in subsection (a) | ||||||
7 | of this Section, it shall be documented whether other | ||||||
8 | interventions were attempted or whether it was determined that | ||||||
9 | there were no other appropriate and available interventions. | ||||||
10 | (b-25) Students who are suspended out-of-school for longer | ||||||
11 | than 4 school days shall be provided appropriate and available | ||||||
12 | support services during the period of their suspension. For | ||||||
13 | purposes of this subsection (b-25), "appropriate and available | ||||||
14 | support services" shall be determined by school authorities. | ||||||
15 | Within the suspension decision described in subsection (b) of | ||||||
16 | this Section, it shall be documented whether such services are | ||||||
17 | to be provided or whether it was determined that there are no | ||||||
18 | such appropriate and available services. | ||||||
19 | A school district may refer students who are expelled to | ||||||
20 | appropriate and available support services. | ||||||
21 | A school district shall create a policy to facilitate the | ||||||
22 | re-engagement of students who are suspended out-of-school, | ||||||
23 | expelled, or returning from an alternative school setting. | ||||||
24 | (b-30) A school district shall create a policy by which | ||||||
25 | suspended pupils, including those pupils suspended from the | ||||||
26 | school bus who do not have alternate transportation to school, |
| |||||||
| |||||||
1 | shall have the opportunity to make up work for equivalent | ||||||
2 | academic credit. It shall be the responsibility of a pupil's | ||||||
3 | parent or guardian to notify school officials that a pupil | ||||||
4 | suspended from the school bus does not have alternate | ||||||
5 | transportation to school. | ||||||
6 | (c) A school board must invite a representative from a | ||||||
7 | local mental health agency to consult with the board at the | ||||||
8 | meeting whenever there is evidence that mental illness may be | ||||||
9 | the cause of a student's expulsion or suspension. | ||||||
10 | (c-5) School districts shall make reasonable efforts to | ||||||
11 | provide ongoing professional development to teachers, | ||||||
12 | administrators, school board members, school resource | ||||||
13 | officers, and staff on the adverse consequences of school | ||||||
14 | exclusion and justice-system involvement, effective classroom | ||||||
15 | management strategies, culturally responsive discipline, the | ||||||
16 | appropriate and available supportive services for the | ||||||
17 | promotion of student attendance and engagement, and | ||||||
18 | developmentally appropriate disciplinary methods that promote | ||||||
19 | positive and healthy school climates. | ||||||
20 | (d) The board may expel a student for a definite period of | ||||||
21 | time not to exceed 2 calendar years, as determined on a | ||||||
22 | case-by-case basis. A student who is determined to have | ||||||
23 | brought one of the following objects to school, any | ||||||
24 | school-sponsored activity or event, or any activity or event | ||||||
25 | that bears a reasonable relationship to school shall be | ||||||
26 | expelled for a period of not less than one year: |
| |||||||
| |||||||
1 | (1) A firearm. For the purposes of this Section, | ||||||
2 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
3 | by Section 921 of Title 18 of the United States Code, | ||||||
4 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
5 | Identification Card Act, or firearm as defined in Section | ||||||
6 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
7 | under this subdivision (1) may be modified by the | ||||||
8 | superintendent, and the superintendent's determination may | ||||||
9 | be modified by the board on a case-by-case basis. | ||||||
10 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
11 | regardless of its composition, a billy club, or any other | ||||||
12 | object if used or attempted to be used to cause bodily | ||||||
13 | harm, including "look alikes" of any firearm as defined in | ||||||
14 | subdivision (1) of this subsection (d). The expulsion | ||||||
15 | requirement under this subdivision (2) may be modified by | ||||||
16 | the superintendent, and the superintendent's determination | ||||||
17 | may be modified by the board on a case-by-case basis. | ||||||
18 | Expulsion or suspension shall be construed in a manner | ||||||
19 | consistent with the federal Individuals with Disabilities | ||||||
20 | Education Act. A student who is subject to suspension or | ||||||
21 | expulsion as provided in this Section may be eligible for a | ||||||
22 | transfer to an alternative school program in accordance with | ||||||
23 | Article 13A of the School Code. | ||||||
24 | (d-5) The board may suspend or by regulation authorize the | ||||||
25 | superintendent of the district or the principal, assistant | ||||||
26 | principal, or dean of students of any school to suspend a |
| |||||||
| |||||||
1 | student for a period not to exceed 10 school days or may expel | ||||||
2 | a student for a definite period of time not to exceed 2 | ||||||
3 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
4 | that student has been determined to have made an explicit | ||||||
5 | threat on an Internet website against a school employee, a | ||||||
6 | student, or any school-related personnel, (ii) the Internet | ||||||
7 | website through which the threat was made is a site that was | ||||||
8 | accessible within the school at the time the threat was made or | ||||||
9 | was available to third parties who worked or studied within | ||||||
10 | the school grounds at the time the threat was made, and (iii) | ||||||
11 | the threat could be reasonably interpreted as threatening to | ||||||
12 | the safety and security of the threatened individual because | ||||||
13 | of his or her duties or employment status or status as a | ||||||
14 | student inside the school. | ||||||
15 | (e) To maintain order and security in the schools, school | ||||||
16 | authorities may inspect and search places and areas such as | ||||||
17 | lockers, desks, parking lots, and other school property and | ||||||
18 | equipment owned or controlled by the school, as well as | ||||||
19 | personal effects left in those places and areas by students, | ||||||
20 | without notice to or the consent of the student, and without a | ||||||
21 | search warrant. As a matter of public policy, the General | ||||||
22 | Assembly finds that students have no reasonable expectation of | ||||||
23 | privacy in these places and areas or in their personal effects | ||||||
24 | left in these places and areas. School authorities may request | ||||||
25 | the assistance of law enforcement officials for the purpose of | ||||||
26 | conducting inspections and searches of lockers, desks, parking |
| |||||||
| |||||||
1 | lots, and other school property and equipment owned or | ||||||
2 | controlled by the school for illegal drugs, weapons, or other | ||||||
3 | illegal or dangerous substances or materials, including | ||||||
4 | searches conducted through the use of specially trained dogs. | ||||||
5 | If a search conducted in accordance with this Section produces | ||||||
6 | evidence that the student has violated or is violating either | ||||||
7 | the law, local ordinance, or the school's policies or rules, | ||||||
8 | such evidence may be seized by school authorities, and | ||||||
9 | disciplinary action may be taken. School authorities may also | ||||||
10 | turn over such evidence to law enforcement authorities. | ||||||
11 | (f) Suspension or expulsion may include suspension or | ||||||
12 | expulsion from school and all school activities and a | ||||||
13 | prohibition from being present on school grounds. | ||||||
14 | (g) A school district may adopt a policy providing that if | ||||||
15 | a student is suspended or expelled for any reason from any | ||||||
16 | public or private school in this or any other state, the | ||||||
17 | student must complete the entire term of the suspension or | ||||||
18 | expulsion in an alternative school program under Article 13A | ||||||
19 | of this Code or an alternative learning opportunities program | ||||||
20 | under Article 13B of this Code before being admitted into the | ||||||
21 | school district if there is no threat to the safety of students | ||||||
22 | or staff in the alternative program. | ||||||
23 | (h) School officials shall not advise or encourage | ||||||
24 | students to drop out voluntarily due to behavioral or academic | ||||||
25 | difficulties. | ||||||
26 | (i) A student may not be issued a monetary fine or fee as a |
| |||||||
| |||||||
1 | disciplinary consequence, though this shall not preclude | ||||||
2 | requiring a student to provide restitution for lost, stolen, | ||||||
3 | or damaged property. | ||||||
4 | (j) Subsections (a) through (i) of this Section shall | ||||||
5 | apply to elementary and secondary schools, charter schools, | ||||||
6 | special charter districts, and school districts organized | ||||||
7 | under Article 34 of this Code. | ||||||
8 | (k) The expulsion of children enrolled in programs funded | ||||||
9 | under Section 1C-2 of this Code is subject to the requirements | ||||||
10 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
11 | this Code. | ||||||
12 | (l) Beginning with the 2018-2019 school year, an in-school | ||||||
13 | suspension program provided by a school district for any | ||||||
14 | students in kindergarten through grade 12 may focus on | ||||||
15 | promoting non-violent conflict resolution and positive | ||||||
16 | interaction with other students and school personnel. A school | ||||||
17 | district may employ a school social worker or a licensed | ||||||
18 | mental health professional to oversee an in-school suspension | ||||||
19 | program in kindergarten through grade 12. | ||||||
20 | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; | ||||||
21 | 102-813, eff. 5-13-22.) | ||||||
22 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
23 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
24 | searches. | ||||||
25 | (a) To expel pupils guilty of gross disobedience or |
| |||||||
| |||||||
1 | misconduct, including gross disobedience or misconduct | ||||||
2 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
3 | of this Section, and no action shall lie against them for such | ||||||
4 | expulsion. Expulsion shall take place only after the parents | ||||||
5 | or guardians have been requested to appear at a meeting of the | ||||||
6 | board, or with a hearing officer appointed by it, to discuss | ||||||
7 | their child's behavior. Such request shall be made by | ||||||
8 | registered or certified mail and shall state the time, place | ||||||
9 | and purpose of the meeting. The board, or a hearing officer | ||||||
10 | appointed by it, at such meeting shall state the reasons for | ||||||
11 | dismissal and the date on which the expulsion is to become | ||||||
12 | effective. If a hearing officer is appointed by the board, he | ||||||
13 | shall report to the board a written summary of the evidence | ||||||
14 | heard at the meeting and the board may take such action thereon | ||||||
15 | as it finds appropriate. If the board acts to expel a pupil, | ||||||
16 | the written expulsion decision shall detail the specific | ||||||
17 | reasons why removing the pupil from the learning environment | ||||||
18 | is in the best interest of the school. The expulsion decision | ||||||
19 | shall also include a rationale as to the specific duration of | ||||||
20 | the expulsion. An expelled pupil may be immediately | ||||||
21 | transferred to an alternative program in the manner provided | ||||||
22 | in Article 13A or 13B of this Code. A pupil must not be denied | ||||||
23 | transfer because of the expulsion, except in cases in which | ||||||
24 | such transfer is deemed to cause a threat to the safety of | ||||||
25 | students or staff in the alternative program. | ||||||
26 | (b) To suspend or by policy to authorize the |
| |||||||
| |||||||
1 | superintendent of the district or the principal, assistant | ||||||
2 | principal, or dean of students of any school to suspend pupils | ||||||
3 | guilty of gross disobedience or misconduct, or to suspend | ||||||
4 | pupils guilty of gross disobedience or misconduct on the | ||||||
5 | school bus from riding the school bus, pursuant to subsections | ||||||
6 | (b-15) and (b-20) of this Section, and no action shall lie | ||||||
7 | against them for such suspension. The board may by policy | ||||||
8 | authorize the superintendent of the district or the principal, | ||||||
9 | assistant principal, or dean of students of any school to | ||||||
10 | suspend pupils guilty of such acts for a period not to exceed | ||||||
11 | 10 school days. If a pupil is suspended due to gross | ||||||
12 | disobedience or misconduct on a school bus, the board may | ||||||
13 | suspend the pupil in excess of 10 school days for safety | ||||||
14 | reasons. | ||||||
15 | Any suspension shall be reported immediately to the | ||||||
16 | parents or guardians of a pupil along with a full statement of | ||||||
17 | the reasons for such suspension and a notice of their right to | ||||||
18 | a review. The school board must be given a summary of the | ||||||
19 | notice, including the reason for the suspension and the | ||||||
20 | suspension length. Upon request of the parents or guardians, | ||||||
21 | the school board or a hearing officer appointed by it shall | ||||||
22 | review such action of the superintendent or principal, | ||||||
23 | assistant principal, or dean of students. At such review, the | ||||||
24 | parents or guardians of the pupil may appear and discuss the | ||||||
25 | suspension with the board or its hearing officer. If a hearing | ||||||
26 | officer is appointed by the board, he shall report to the board |
| |||||||
| |||||||
1 | a written summary of the evidence heard at the meeting. After | ||||||
2 | its hearing or upon receipt of the written report of its | ||||||
3 | hearing officer, the board may take such action as it finds | ||||||
4 | appropriate. If a student is suspended pursuant to this | ||||||
5 | subsection (b), the board shall, in the written suspension | ||||||
6 | decision, detail the specific act of gross disobedience or | ||||||
7 | misconduct resulting in the decision to suspend. The | ||||||
8 | suspension decision shall also include a rationale as to the | ||||||
9 | specific duration of the suspension. A pupil who is suspended | ||||||
10 | in excess of 20 school days may be immediately transferred to | ||||||
11 | an alternative program in the manner provided in Article 13A | ||||||
12 | or 13B of this Code. A pupil must not be denied transfer | ||||||
13 | because of the suspension, except in cases in which such | ||||||
14 | transfer is deemed to cause a threat to the safety of students | ||||||
15 | or staff in the alternative program. | ||||||
16 | (b-5) Among the many possible disciplinary interventions | ||||||
17 | and consequences available to school officials, school | ||||||
18 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
19 | are the most serious. School officials shall limit the number | ||||||
20 | and duration of expulsions and suspensions to the greatest | ||||||
21 | extent practicable, and it is recommended that they use them | ||||||
22 | only for legitimate educational purposes. To ensure that | ||||||
23 | students are not excluded from school unnecessarily, it is | ||||||
24 | recommended that school officials consider forms of | ||||||
25 | non-exclusionary discipline prior to using out-of-school | ||||||
26 | suspensions or expulsions. |
| |||||||
| |||||||
1 | (b-10) Unless otherwise required by federal law or this | ||||||
2 | Code, school boards may not institute zero-tolerance policies | ||||||
3 | by which school administrators are required to suspend or | ||||||
4 | expel students for particular behaviors. | ||||||
5 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
6 | used only if the student's continuing presence in school would | ||||||
7 | pose a threat to school safety or a disruption to other | ||||||
8 | students' learning opportunities. For purposes of this | ||||||
9 | subsection (b-15), "threat to school safety or a disruption to | ||||||
10 | other students' learning opportunities" shall be determined on | ||||||
11 | a case-by-case basis by the school board or its designee. | ||||||
12 | School officials shall make all reasonable efforts to resolve | ||||||
13 | such threats, address such disruptions, and minimize the | ||||||
14 | length of suspensions to the greatest extent practicable. | ||||||
15 | (b-20) Unless otherwise required by this Code, | ||||||
16 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
17 | and disciplinary removals to alternative schools may be used | ||||||
18 | only if other appropriate and available behavioral and | ||||||
19 | disciplinary interventions have been exhausted and the | ||||||
20 | student's continuing presence in school would either (i) pose | ||||||
21 | a threat to the safety of other students, staff, or members of | ||||||
22 | the school community or (ii) substantially disrupt, impede, or | ||||||
23 | interfere with the operation of the school. For purposes of | ||||||
24 | this subsection (b-20), "threat to the safety of other | ||||||
25 | students, staff, or members of the school community" and | ||||||
26 | "substantially disrupt, impede, or interfere with the |
| |||||||
| |||||||
1 | operation of the school" shall be determined on a case-by-case | ||||||
2 | basis by school officials. For purposes of this subsection | ||||||
3 | (b-20), the determination of whether "appropriate and | ||||||
4 | available behavioral and disciplinary interventions have been | ||||||
5 | exhausted" shall be made by school officials. School officials | ||||||
6 | shall make all reasonable efforts to resolve such threats, | ||||||
7 | address such disruptions, and minimize the length of student | ||||||
8 | exclusions to the greatest extent practicable. Within the | ||||||
9 | suspension decision described in subsection (b) of this | ||||||
10 | Section or the expulsion decision described in subsection (a) | ||||||
11 | of this Section, it shall be documented whether other | ||||||
12 | interventions were attempted or whether it was determined that | ||||||
13 | there were no other appropriate and available interventions. | ||||||
14 | (b-25) Students who are suspended out-of-school for longer | ||||||
15 | than 4 school days shall be provided appropriate and available | ||||||
16 | support services during the period of their suspension. For | ||||||
17 | purposes of this subsection (b-25), "appropriate and available | ||||||
18 | support services" shall be determined by school authorities. | ||||||
19 | Within the suspension decision described in subsection (b) of | ||||||
20 | this Section, it shall be documented whether such services are | ||||||
21 | to be provided or whether it was determined that there are no | ||||||
22 | such appropriate and available services. | ||||||
23 | A school district may refer students who are expelled to | ||||||
24 | appropriate and available support services. | ||||||
25 | A school district shall create a policy to facilitate the | ||||||
26 | re-engagement of students who are suspended out-of-school, |
| |||||||
| |||||||
1 | expelled, or returning from an alternative school setting. | ||||||
2 | (b-30) A school district shall create a policy by which | ||||||
3 | suspended pupils, including those pupils suspended from the | ||||||
4 | school bus who do not have alternate transportation to school, | ||||||
5 | shall have the opportunity to make up work for equivalent | ||||||
6 | academic credit. It shall be the responsibility of a pupil's | ||||||
7 | parents or guardians to notify school officials that a pupil | ||||||
8 | suspended from the school bus does not have alternate | ||||||
9 | transportation to school. | ||||||
10 | (b-35) In all suspension review hearings conducted under | ||||||
11 | subsection (b) or expulsion hearings conducted under | ||||||
12 | subsection (a), a student may disclose any factor to be | ||||||
13 | considered in mitigation, including his or her status as a | ||||||
14 | parent, expectant parent, or victim of domestic or sexual | ||||||
15 | violence, as defined in Article 26A. A representative of the | ||||||
16 | parent's or guardian's choice, or of the student's choice if | ||||||
17 | emancipated, must be permitted to represent the student | ||||||
18 | throughout the proceedings and to address the school board or | ||||||
19 | its appointed hearing officer. With the approval of the | ||||||
20 | student's parent or guardian, or of the student if | ||||||
21 | emancipated, a support person must be permitted to accompany | ||||||
22 | the student to any disciplinary hearings or proceedings. The | ||||||
23 | representative or support person must comply with any rules of | ||||||
24 | the school district's hearing process. If the representative | ||||||
25 | or support person violates the rules or engages in behavior or | ||||||
26 | advocacy that harasses, abuses, or intimidates either party, a |
| |||||||
| |||||||
1 | witness, or anyone else in attendance at the hearing, the | ||||||
2 | representative or support person may be prohibited from | ||||||
3 | further participation in the hearing or proceeding. A | ||||||
4 | suspension or expulsion proceeding under this subsection | ||||||
5 | (b-35) must be conducted independently from any ongoing | ||||||
6 | criminal investigation or proceeding, and an absence of | ||||||
7 | pending or possible criminal charges, criminal investigations, | ||||||
8 | or proceedings may not be a factor in school disciplinary | ||||||
9 | decisions. | ||||||
10 | (b-40) During a suspension review hearing conducted under | ||||||
11 | subsection (b) or an expulsion hearing conducted under | ||||||
12 | subsection (a) that involves allegations of sexual violence by | ||||||
13 | the student who is subject to discipline, neither the student | ||||||
14 | nor his or her representative shall directly question nor have | ||||||
15 | direct contact with the alleged victim. The student who is | ||||||
16 | subject to discipline or his or her representative may, at the | ||||||
17 | discretion and direction of the school board or its appointed | ||||||
18 | hearing officer, suggest questions to be posed by the school | ||||||
19 | board or its appointed hearing officer to the alleged victim. | ||||||
20 | (c) A school board must invite a representative from a | ||||||
21 | local mental health agency to consult with the board at the | ||||||
22 | meeting whenever there is evidence that mental illness may be | ||||||
23 | the cause of a student's expulsion or suspension. | ||||||
24 | (c-5) School districts shall make reasonable efforts to | ||||||
25 | provide ongoing professional development to teachers, | ||||||
26 | administrators, school board members, school resource |
| |||||||
| |||||||
1 | officers, and staff on the adverse consequences of school | ||||||
2 | exclusion and justice-system involvement, effective classroom | ||||||
3 | management strategies, culturally responsive discipline, the | ||||||
4 | appropriate and available supportive services for the | ||||||
5 | promotion of student attendance and engagement, and | ||||||
6 | developmentally appropriate disciplinary methods that promote | ||||||
7 | positive and healthy school climates. | ||||||
8 | (d) The board may expel a student for a definite period of | ||||||
9 | time not to exceed 2 calendar years, as determined on a | ||||||
10 | case-by-case basis. A student who is determined to have | ||||||
11 | brought one of the following objects to school, any | ||||||
12 | school-sponsored activity or event, or any activity or event | ||||||
13 | that bears a reasonable relationship to school shall be | ||||||
14 | expelled for a period of not less than one year: | ||||||
15 | (1) A firearm. For the purposes of this Section, | ||||||
16 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
17 | by Section 921 of Title 18 of the United States Code, | ||||||
18 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
19 | Identification Card Act, or firearm as defined in Section | ||||||
20 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
21 | under this subdivision (1) may be modified by the | ||||||
22 | superintendent, and the superintendent's determination may | ||||||
23 | be modified by the board on a case-by-case basis. | ||||||
24 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
25 | regardless of its composition, a billy club, or any other | ||||||
26 | object if used or attempted to be used to cause bodily |
| |||||||
| |||||||
1 | harm, including "look alikes" of any firearm as defined in | ||||||
2 | subdivision (1) of this subsection (d). The expulsion | ||||||
3 | requirement under this subdivision (2) may be modified by | ||||||
4 | the superintendent, and the superintendent's determination | ||||||
5 | may be modified by the board on a case-by-case basis. | ||||||
6 | Expulsion or suspension shall be construed in a manner | ||||||
7 | consistent with the federal Individuals with Disabilities | ||||||
8 | Education Act. A student who is subject to suspension or | ||||||
9 | expulsion as provided in this Section may be eligible for a | ||||||
10 | transfer to an alternative school program in accordance with | ||||||
11 | Article 13A of the School Code. | ||||||
12 | (d-5) The board may suspend or by regulation authorize the | ||||||
13 | superintendent of the district or the principal, assistant | ||||||
14 | principal, or dean of students of any school to suspend a | ||||||
15 | student for a period not to exceed 10 school days or may expel | ||||||
16 | a student for a definite period of time not to exceed 2 | ||||||
17 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
18 | that student has been determined to have made an explicit | ||||||
19 | threat on an Internet website against a school employee, a | ||||||
20 | student, or any school-related personnel, (ii) the Internet | ||||||
21 | website through which the threat was made is a site that was | ||||||
22 | accessible within the school at the time the threat was made or | ||||||
23 | was available to third parties who worked or studied within | ||||||
24 | the school grounds at the time the threat was made, and (iii) | ||||||
25 | the threat could be reasonably interpreted as threatening to | ||||||
26 | the safety and security of the threatened individual because |
| |||||||
| |||||||
1 | of his or her duties or employment status or status as a | ||||||
2 | student inside the school. | ||||||
3 | (e) To maintain order and security in the schools, school | ||||||
4 | authorities may inspect and search places and areas such as | ||||||
5 | lockers, desks, parking lots, and other school property and | ||||||
6 | equipment owned or controlled by the school, as well as | ||||||
7 | personal effects left in those places and areas by students, | ||||||
8 | without notice to or the consent of the student, and without a | ||||||
9 | search warrant. As a matter of public policy, the General | ||||||
10 | Assembly finds that students have no reasonable expectation of | ||||||
11 | privacy in these places and areas or in their personal effects | ||||||
12 | left in these places and areas. School authorities may request | ||||||
13 | the assistance of law enforcement officials for the purpose of | ||||||
14 | conducting inspections and searches of lockers, desks, parking | ||||||
15 | lots, and other school property and equipment owned or | ||||||
16 | controlled by the school for illegal drugs, weapons, or other | ||||||
17 | illegal or dangerous substances or materials, including | ||||||
18 | searches conducted through the use of specially trained dogs. | ||||||
19 | If a search conducted in accordance with this Section produces | ||||||
20 | evidence that the student has violated or is violating either | ||||||
21 | the law, local ordinance, or the school's policies or rules, | ||||||
22 | such evidence may be seized by school authorities, and | ||||||
23 | disciplinary action may be taken. School authorities may also | ||||||
24 | turn over such evidence to law enforcement authorities. | ||||||
25 | (f) Suspension or expulsion may include suspension or | ||||||
26 | expulsion from school and all school activities and a |
| |||||||
| |||||||
1 | prohibition from being present on school grounds. | ||||||
2 | (g) A school district may adopt a policy providing that if | ||||||
3 | a student is suspended or expelled for any reason from any | ||||||
4 | public or private school in this or any other state, the | ||||||
5 | student must complete the entire term of the suspension or | ||||||
6 | expulsion in an alternative school program under Article 13A | ||||||
7 | of this Code or an alternative learning opportunities program | ||||||
8 | under Article 13B of this Code before being admitted into the | ||||||
9 | school district if there is no threat to the safety of students | ||||||
10 | or staff in the alternative program. A school district that | ||||||
11 | adopts a policy under this subsection (g) must include a | ||||||
12 | provision allowing for consideration of any mitigating | ||||||
13 | factors, including, but not limited to, a student's status as | ||||||
14 | a parent, expectant parent, or victim of domestic or sexual | ||||||
15 | violence, as defined in Article 26A. | ||||||
16 | (h) School officials shall not advise or encourage | ||||||
17 | students to drop out voluntarily due to behavioral or academic | ||||||
18 | difficulties. | ||||||
19 | (i) A student may not be issued a monetary fine or fee as a | ||||||
20 | disciplinary consequence, though this shall not preclude | ||||||
21 | requiring a student to provide restitution for lost, stolen, | ||||||
22 | or damaged property. | ||||||
23 | (j) Subsections (a) through (i) of this Section shall | ||||||
24 | apply to elementary and secondary schools, charter schools, | ||||||
25 | special charter districts, and school districts organized | ||||||
26 | under Article 34 of this Code. |
| |||||||
| |||||||
1 | (k) Through June 30, 2026, the The expulsion of children | ||||||
2 | enrolled in programs funded under Section 1C-2 of this Code is | ||||||
3 | subject to the requirements under paragraph (7) of subsection | ||||||
4 | (a) of Section 2-3.71 of this Code. | ||||||
5 | (k-5) On and after July 1, 2026, the expulsion of children | ||||||
6 | enrolled in programs funded under Section 15-25 of the | ||||||
7 | Department of Early Childhood Act is subject to the | ||||||
8 | requirements of paragraph (7) of subsection (a) of Section | ||||||
9 | 15-30 of the Department of Early Childhood Act. | ||||||
10 | (l) Beginning with the 2018-2019 school year, an in-school | ||||||
11 | suspension program provided by a school district for any | ||||||
12 | students in kindergarten through grade 12 may focus on | ||||||
13 | promoting non-violent conflict resolution and positive | ||||||
14 | interaction with other students and school personnel. A school | ||||||
15 | district may employ a school social worker or a licensed | ||||||
16 | mental health professional to oversee an in-school suspension | ||||||
17 | program in kindergarten through grade 12. | ||||||
18 | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | ||||||
19 | 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
20 | (105 ILCS 5/21B-50) | ||||||
21 | Sec. 21B-50. Alternative Educator Licensure Program for | ||||||
22 | Teachers . | ||||||
23 | (a) There is established an alternative educator licensure | ||||||
24 | program, to be known as the Alternative Educator Licensure | ||||||
25 | Program for Teachers. |
| |||||||
| |||||||
1 | (b) The Alternative Educator Licensure Program for | ||||||
2 | Teachers may be offered by a recognized institution approved | ||||||
3 | to offer educator preparation programs by the State Board of | ||||||
4 | Education, in consultation with the State Educator Preparation | ||||||
5 | and Licensure Board. | ||||||
6 | The program shall be comprised of up to 3 phases: | ||||||
7 | (1) A course of study that at a minimum includes | ||||||
8 | instructional planning; instructional strategies, | ||||||
9 | including special education, reading, and English language | ||||||
10 | learning; classroom management; and the assessment of | ||||||
11 | students and use of data to drive instruction. | ||||||
12 | (2) A year of residency, which is a candidate's | ||||||
13 | assignment to a full-time teaching position or as a | ||||||
14 | co-teacher for one full school year. An individual must | ||||||
15 | hold an Educator License with Stipulations with an | ||||||
16 | alternative provisional educator endorsement in order to | ||||||
17 | enter the residency. In residency, the candidate must : be | ||||||
18 | assigned an effective, fully licensed teacher by the | ||||||
19 | principal or principal equivalent to act as a mentor and | ||||||
20 | coach the candidate through residency, complete additional | ||||||
21 | program requirements that address required State and | ||||||
22 | national standards, pass the State Board's teacher | ||||||
23 | performance assessment, if required under Section 21B-30, | ||||||
24 | and be recommended by the principal or qualified | ||||||
25 | equivalent of a principal, as required under subsection | ||||||
26 | (d) of this Section, and the program coordinator to be |
| |||||||
| |||||||
1 | recommended for full licensure or to continue with a | ||||||
2 | second year of the residency. | ||||||
3 | (3) (Blank). | ||||||
4 | (4) A comprehensive assessment of the candidate's | ||||||
5 | teaching effectiveness, as evaluated by the principal or | ||||||
6 | qualified equivalent of a principal, as required under | ||||||
7 | subsection (d) of this Section, and the program | ||||||
8 | coordinator, at the end of either the first or the second | ||||||
9 | year of residency. If there is disagreement between the 2 | ||||||
10 | evaluators about the candidate's teaching effectiveness at | ||||||
11 | the end of the first year of residency, a second year of | ||||||
12 | residency shall be required. If there is disagreement | ||||||
13 | between the 2 evaluators at the end of the second year of | ||||||
14 | residency, the candidate may complete one additional year | ||||||
15 | of residency teaching under a professional development | ||||||
16 | plan developed by the principal or qualified equivalent | ||||||
17 | and the preparation program. At the completion of the | ||||||
18 | third year, a candidate must have positive evaluations and | ||||||
19 | a recommendation for full licensure from both the | ||||||
20 | principal or qualified equivalent and the program | ||||||
21 | coordinator or no Professional Educator License shall be | ||||||
22 | issued. | ||||||
23 | Successful completion of the program shall be deemed to | ||||||
24 | satisfy any other practice or student teaching and content | ||||||
25 | matter requirements established by law. | ||||||
26 | (c) An alternative provisional educator endorsement on an |
| |||||||
| |||||||
1 | Educator License with Stipulations is valid for up to 2 years | ||||||
2 | of teaching in the public schools, including without | ||||||
3 | limitation a preschool educational program under Section | ||||||
4 | 2-3.71 of this Code or Section 15-30 of the Department of Early | ||||||
5 | Childhood Act or charter school, or in a State-recognized | ||||||
6 | nonpublic school in which the chief administrator is required | ||||||
7 | to have the licensure necessary to be a principal in a public | ||||||
8 | school in this State and in which a majority of the teachers | ||||||
9 | are required to have the licensure necessary to be instructors | ||||||
10 | in a public school in this State, but may be renewed for a | ||||||
11 | third year if needed to complete the Alternative Educator | ||||||
12 | Licensure Program for Teachers. The endorsement shall be | ||||||
13 | issued only once to an individual who meets all of the | ||||||
14 | following requirements: | ||||||
15 | (1) Has graduated from a regionally accredited college | ||||||
16 | or university with a bachelor's degree or higher. | ||||||
17 | (2) (Blank). | ||||||
18 | (3) Has completed a major in the content area if | ||||||
19 | seeking a middle or secondary level endorsement or, if | ||||||
20 | seeking an early childhood, elementary, or special | ||||||
21 | education endorsement, has completed a major in the | ||||||
22 | content area of early childhood reading, English/language | ||||||
23 | arts, mathematics, or one of the sciences. If the | ||||||
24 | individual does not have a major in a content area for any | ||||||
25 | level of teaching, he or she must submit transcripts to | ||||||
26 | the State Board of Education to be reviewed for |
| |||||||
| |||||||
1 | equivalency. | ||||||
2 | (4) Has successfully completed phase (1) of subsection | ||||||
3 | (b) of this Section. | ||||||
4 | (5) Has passed a content area test required for the | ||||||
5 | specific endorsement for admission into the program, as | ||||||
6 | required under Section 21B-30 of this Code. | ||||||
7 | A candidate possessing the alternative provisional | ||||||
8 | educator endorsement may receive a salary, benefits, and any | ||||||
9 | other terms of employment offered to teachers in the school | ||||||
10 | who are members of an exclusive bargaining representative, if | ||||||
11 | any, but a school is not required to provide these benefits | ||||||
12 | during the years of residency if the candidate is serving only | ||||||
13 | as a co-teacher. If the candidate is serving as the teacher of | ||||||
14 | record, the candidate must receive a salary, benefits, and any | ||||||
15 | other terms of employment. Residency experiences must not be | ||||||
16 | counted towards tenure. | ||||||
17 | (d) The recognized institution offering the Alternative | ||||||
18 | Educator Licensure Program for Teachers must partner with a | ||||||
19 | school district, including without limitation a preschool | ||||||
20 | educational program under Section 2-3.71 of this Code or | ||||||
21 | Section 15-30 of the Department of Early Childhood Act or | ||||||
22 | charter school, or a State-recognized, nonpublic school in | ||||||
23 | this State in which the chief administrator is required to | ||||||
24 | have the licensure necessary to be a principal in a public | ||||||
25 | school in this State and in which a majority of the teachers | ||||||
26 | are required to have the licensure necessary to be instructors |
| |||||||
| |||||||
1 | in a public school in this State. A recognized institution | ||||||
2 | that partners with a public school district administering a | ||||||
3 | preschool educational program under Section 2-3.71 of this | ||||||
4 | Code or Section 15-30 of the Department of Early Childhood Act | ||||||
5 | must require a principal to recommend or evaluate candidates | ||||||
6 | in the program. A recognized institution that partners with an | ||||||
7 | eligible entity administering a preschool educational program | ||||||
8 | under Section 2-3.71 of this Code or Section 15-30 of the | ||||||
9 | Department of Early Childhood Act and that is not a public | ||||||
10 | school district must require a principal or qualified | ||||||
11 | equivalent of a principal to recommend or evaluate candidates | ||||||
12 | in the program. The program presented for approval by the | ||||||
13 | State Board of Education must demonstrate the supports that | ||||||
14 | are to be provided to assist the provisional teacher during | ||||||
15 | the one-year 1-year or 2-year residency period and if the | ||||||
16 | residency period is to be less than 2 years in length, | ||||||
17 | assurances from the partner school districts to provide | ||||||
18 | intensive mentoring and supports through at least the end of | ||||||
19 | the second full year of teaching for educators who completed | ||||||
20 | the Alternative Educator Educators Licensure Program for | ||||||
21 | Teachers in less than 2 years. These supports must, at a | ||||||
22 | minimum, provide additional contact hours with mentors during | ||||||
23 | the first year of residency. | ||||||
24 | (e) Upon completion of phases under paragraphs (1), (2), | ||||||
25 | (4), and, if needed, (3) in subsection (b) of this Section and | ||||||
26 | all assessments required under Section 21B-30 of this Code, an |
| |||||||
| |||||||
1 | individual shall receive a Professional Educator License. | ||||||
2 | (f) The State Board of Education, in consultation with the | ||||||
3 | State Educator Preparation and Licensure Board, may adopt such | ||||||
4 | rules as may be necessary to establish and implement the | ||||||
5 | Alternative Educator Licensure Program for Teachers. | ||||||
6 | (Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23; | ||||||
7 | revised 9-1-23.) | ||||||
8 | (105 ILCS 5/22-45) | ||||||
9 | Sec. 22-45. Illinois P-20 Council. | ||||||
10 | (a) The General Assembly finds that preparing Illinoisans | ||||||
11 | for success in school and the workplace requires a continuum | ||||||
12 | of quality education from preschool through graduate school. | ||||||
13 | This State needs a framework to guide education policy and | ||||||
14 | integrate education at every level. A statewide coordinating | ||||||
15 | council to study and make recommendations concerning education | ||||||
16 | at all levels can avoid fragmentation of policies, promote | ||||||
17 | improved teaching and learning, and continue to cultivate and | ||||||
18 | demonstrate strong accountability and efficiency. Establishing | ||||||
19 | an Illinois P-20 Council will develop a statewide agenda that | ||||||
20 | will move the State towards the common goals of improving | ||||||
21 | academic achievement, increasing college access and success, | ||||||
22 | improving use of existing data and measurements, developing | ||||||
23 | improved accountability, fostering innovative approaches to | ||||||
24 | education, promoting lifelong learning, easing the transition | ||||||
25 | to college, and reducing remediation. A pre-kindergarten |
| |||||||
| |||||||
1 | through grade 20 agenda will strengthen this State's economic | ||||||
2 | competitiveness by producing a highly-skilled workforce. In | ||||||
3 | addition, lifelong learning plans will enhance this State's | ||||||
4 | ability to leverage funding. | ||||||
5 | (b) There is created the Illinois P-20 Council. The | ||||||
6 | Illinois P-20 Council shall include all of the following | ||||||
7 | members: | ||||||
8 | (1) The Governor or his or her designee, to serve as | ||||||
9 | chairperson. | ||||||
10 | (2) Four members of the General Assembly, one | ||||||
11 | appointed by the Speaker of the House of Representatives, | ||||||
12 | one appointed by the Minority Leader of the House of | ||||||
13 | Representatives, one appointed by the President of the | ||||||
14 | Senate, and one appointed by the Minority Leader of the | ||||||
15 | Senate. | ||||||
16 | (3) Six at-large members appointed by the Governor as | ||||||
17 | follows, with 2 members being from the City of Chicago, 2 | ||||||
18 | members being from Lake County, McHenry County, Kane | ||||||
19 | County, DuPage County, Will County, or that part of Cook | ||||||
20 | County outside of the City of Chicago, and 2 members being | ||||||
21 | from the remainder of the State: | ||||||
22 | (A) one representative of civic leaders; | ||||||
23 | (B) one representative of local government; | ||||||
24 | (C) one representative of trade unions; | ||||||
25 | (D) one representative of nonprofit organizations | ||||||
26 | or foundations; |
| |||||||
| |||||||
1 | (E) one representative of parents' organizations; | ||||||
2 | and | ||||||
3 | (F) one education research expert. | ||||||
4 | (4) Five members appointed by statewide business | ||||||
5 | organizations and business trade associations. | ||||||
6 | (5) Six members appointed by statewide professional | ||||||
7 | organizations and associations representing | ||||||
8 | pre-kindergarten through grade 20 teachers, community | ||||||
9 | college faculty, and public university faculty. | ||||||
10 | (6) Two members appointed by associations representing | ||||||
11 | local school administrators and school board members. One | ||||||
12 | of these members must be a special education | ||||||
13 | administrator. | ||||||
14 | (7) One member representing community colleges, | ||||||
15 | appointed by the Illinois Council of Community College | ||||||
16 | Presidents. | ||||||
17 | (8) One member representing 4-year independent | ||||||
18 | colleges and universities, appointed by a statewide | ||||||
19 | organization representing private institutions of higher | ||||||
20 | learning. | ||||||
21 | (9) One member representing public 4-year | ||||||
22 | universities, appointed jointly by the university | ||||||
23 | presidents and chancellors. | ||||||
24 | (10) Ex-officio members as follows: | ||||||
25 | (A) The State Superintendent of Education or his | ||||||
26 | or her designee. |
| |||||||
| |||||||
1 | (A-5) The Secretary of Early Childhood or the | ||||||
2 | Secretary's designee. | ||||||
3 | (B) The Executive Director of the Board of Higher | ||||||
4 | Education or his or her designee. | ||||||
5 | (C) The Executive Director of the Illinois | ||||||
6 | Community College Board or his or her designee. | ||||||
7 | (D) The Executive Director of the Illinois Student | ||||||
8 | Assistance Commission or his or her designee. | ||||||
9 | (E) The Co-chairpersons of the Illinois Workforce | ||||||
10 | Investment Board or their designee. | ||||||
11 | (F) The Director of Commerce and Economic | ||||||
12 | Opportunity or his or her designee. | ||||||
13 | (G) The Chairperson of the Illinois Early Learning | ||||||
14 | Council or his or her designee. | ||||||
15 | (H) The President of the Illinois Mathematics and | ||||||
16 | Science Academy or his or her designee. | ||||||
17 | (I) The president of an association representing | ||||||
18 | educators of adult learners or his or her designee. | ||||||
19 | Ex-officio members shall have no vote on the Illinois P-20 | ||||||
20 | Council. | ||||||
21 | Appointed members shall serve for staggered terms expiring | ||||||
22 | on July 1 of the first, second, or third calendar year | ||||||
23 | following their appointments or until their successors are | ||||||
24 | appointed and have qualified. Staggered terms shall be | ||||||
25 | determined by lot at the organizing meeting of the Illinois | ||||||
26 | P-20 Council. |
| |||||||
| |||||||
1 | Vacancies shall be filled in the same manner as original | ||||||
2 | appointments, and any member so appointed shall serve during | ||||||
3 | the remainder of the term for which the vacancy occurred. | ||||||
4 | (c) The Illinois P-20 Council shall be funded through | ||||||
5 | State appropriations to support staff activities, research, | ||||||
6 | data-collection, and dissemination. The Illinois P-20 Council | ||||||
7 | shall be staffed by the Office of the Governor, in | ||||||
8 | coordination with relevant State agencies, boards, and | ||||||
9 | commissions. The Illinois Education Research Council shall | ||||||
10 | provide research and coordinate research collection activities | ||||||
11 | for the Illinois P-20 Council. | ||||||
12 | (d) The Illinois P-20 Council shall have all of the | ||||||
13 | following duties: | ||||||
14 | (1) To make recommendations to do all of the | ||||||
15 | following: | ||||||
16 | (A) Coordinate pre-kindergarten through grade 20 | ||||||
17 | (graduate school) education in this State through | ||||||
18 | working at the intersections of educational systems to | ||||||
19 | promote collaborative infrastructure. | ||||||
20 | (B) Coordinate and leverage strategies, actions, | ||||||
21 | legislation, policies, and resources of all | ||||||
22 | stakeholders to support fundamental and lasting | ||||||
23 | improvement in this State's public schools, community | ||||||
24 | colleges, and universities. | ||||||
25 | (C) Better align the high school curriculum with | ||||||
26 | postsecondary expectations. |
| |||||||
| |||||||
1 | (D) Better align assessments across all levels of | ||||||
2 | education. | ||||||
3 | (E) Reduce the need for students entering | ||||||
4 | institutions of higher education to take remedial | ||||||
5 | courses. | ||||||
6 | (F) Smooth the transition from high school to | ||||||
7 | college. | ||||||
8 | (G) Improve high school and college graduation | ||||||
9 | rates. | ||||||
10 | (H) Improve the rigor and relevance of academic | ||||||
11 | standards for college and workforce readiness. | ||||||
12 | (I) Better align college and university teaching | ||||||
13 | programs with the needs of Illinois schools. | ||||||
14 | (2) To advise the Governor, the General Assembly, the | ||||||
15 | State's education and higher education agencies, and the | ||||||
16 | State's workforce and economic development boards and | ||||||
17 | agencies on policies related to lifelong learning for | ||||||
18 | Illinois students and families. | ||||||
19 | (3) To articulate a framework for systemic educational | ||||||
20 | improvement and innovation that will enable every student | ||||||
21 | to meet or exceed Illinois learning standards and be | ||||||
22 | well-prepared to succeed in the workforce and community. | ||||||
23 | (4) To provide an estimated fiscal impact for | ||||||
24 | implementation of all Council recommendations. | ||||||
25 | (5) To make recommendations for short-term and | ||||||
26 | long-term learning recovery actions for public school |
| |||||||
| |||||||
1 | students in this State in the wake of the COVID-19 | ||||||
2 | pandemic. The Illinois P-20 Council shall submit a report | ||||||
3 | with its recommendations for a multi-year recovery plan by | ||||||
4 | December 31, 2021 to the Governor, the State Board of | ||||||
5 | Education, the Board of Higher Education, the Illinois | ||||||
6 | Community College Board, and the General Assembly that | ||||||
7 | addresses all of the following: | ||||||
8 | (A) Closing the digital divide for all students, | ||||||
9 | including access to devices, Internet connectivity, | ||||||
10 | and ensuring that educators have the necessary support | ||||||
11 | and training to provide high quality remote and | ||||||
12 | blended learning to students. | ||||||
13 | (B) Evaluating the academic growth and proficiency | ||||||
14 | of students in order to understand the impact of | ||||||
15 | school closures and remote and blended remote learning | ||||||
16 | conditions on student academic outcomes, including | ||||||
17 | disaggregating data by race, income, diverse learners, | ||||||
18 | and English learners, in ways that balance the need to | ||||||
19 | understand that impact with the need to support | ||||||
20 | student well-being and also take into consideration | ||||||
21 | the logistical constraints facing schools and | ||||||
22 | districts. | ||||||
23 | (C) Establishing a system for the collection and | ||||||
24 | review of student data at the State level, including | ||||||
25 | data about prekindergarten through higher education | ||||||
26 | student attendance, engagement and participation, |
| |||||||
| |||||||
1 | discipline, and social-emotional and mental health | ||||||
2 | inputs and outcomes, in order to better understand the | ||||||
3 | full impact of disrupted learning. | ||||||
4 | (D) Providing students with resources and programs | ||||||
5 | for academic support, such as enrichment | ||||||
6 | opportunities, tutoring corps, summer bridge programs, | ||||||
7 | youth leadership and development programs, youth and | ||||||
8 | community-led restorative and transformative justice | ||||||
9 | programs, and youth internship and apprenticeship | ||||||
10 | programs. | ||||||
11 | (E) Providing students with resources and support | ||||||
12 | to ensure access to social-emotional learning, mental | ||||||
13 | health services, and trauma responsive, restorative | ||||||
14 | justice and anti-racist practices in order to support | ||||||
15 | the growth of the whole child, such as investing in | ||||||
16 | community schools and providing comprehensive | ||||||
17 | year-round services and support for both students and | ||||||
18 | their families. | ||||||
19 | (F) Ensuring more time for students' academic, | ||||||
20 | social-emotional, and mental health needs by | ||||||
21 | considering such strategies as: (i) extending planning | ||||||
22 | time for teachers, (ii) extending the school day and | ||||||
23 | school year, and (iii) transitioning to year-round | ||||||
24 | schooling. | ||||||
25 | (G) Strengthening the transition from secondary | ||||||
26 | education to postsecondary education in the wake of |
| |||||||
| |||||||
1 | threats to alignment and affordability created by the | ||||||
2 | pandemic and related conditions. | ||||||
3 | (e) The chairperson of the Illinois P-20 Council may | ||||||
4 | authorize the creation of working groups focusing on areas of | ||||||
5 | interest to Illinois educational and workforce development, | ||||||
6 | including without limitation the following areas: | ||||||
7 | (1) Preparation, recruitment, and certification of | ||||||
8 | highly qualified teachers. | ||||||
9 | (2) Mentoring and induction of highly qualified | ||||||
10 | teachers. | ||||||
11 | (3) The diversity of highly qualified teachers. | ||||||
12 | (4) Funding for highly qualified teachers, including | ||||||
13 | developing a strategic and collaborative plan to seek | ||||||
14 | federal and private grants to support initiatives | ||||||
15 | targeting teacher preparation and its impact on student | ||||||
16 | achievement. | ||||||
17 | (5) Highly effective administrators. | ||||||
18 | (6) Illinois birth through age 3 education, | ||||||
19 | pre-kindergarten, and early childhood education. | ||||||
20 | (7) The assessment, alignment, outreach, and network | ||||||
21 | of college and workforce readiness efforts. | ||||||
22 | (8) Alternative routes to college access. | ||||||
23 | (9) Research data and accountability. | ||||||
24 | (10) Community schools, community participation, and | ||||||
25 | other innovative approaches to education that foster | ||||||
26 | community partnerships. |
| |||||||
| |||||||
1 | (11) Tuition, financial aid, and other issues related | ||||||
2 | to keeping postsecondary education affordable for Illinois | ||||||
3 | residents. | ||||||
4 | (12) Learning recovery in the wake of the COVID-19 | ||||||
5 | pandemic. | ||||||
6 | The chairperson of the Illinois P-20 Council may designate | ||||||
7 | Council members to serve as working group chairpersons. | ||||||
8 | Working groups may invite organizations and individuals | ||||||
9 | representing pre-kindergarten through grade 20 interests to | ||||||
10 | participate in discussions, data collection, and | ||||||
11 | dissemination. | ||||||
12 | (Source: P.A. 101-654, eff. 3-8-21.) | ||||||
13 | (105 ILCS 5/26-19) | ||||||
14 | Sec. 26-19. Chronic absenteeism in preschool children. | ||||||
15 | (a) In this Section, "chronic absence" has the meaning | ||||||
16 | ascribed to that term in Section 26-18 of this Code. | ||||||
17 | (b) The General Assembly makes all of the following | ||||||
18 | findings: | ||||||
19 | (1) The early years are an extremely important period | ||||||
20 | in a child's learning and development. | ||||||
21 | (2) Missed learning opportunities in the early years | ||||||
22 | make it difficult for a child to enter kindergarten ready | ||||||
23 | for success. | ||||||
24 | (3) Attendance patterns in the early years serve as | ||||||
25 | predictors of chronic absenteeism and reduced educational |
| |||||||
| |||||||
1 | outcomes in later school years. Therefore, it is crucial | ||||||
2 | that the implications of chronic absence be understood and | ||||||
3 | reviewed regularly under the Preschool for All Program and | ||||||
4 | Preschool for All Expansion Program under Section 2-3.71 | ||||||
5 | of this Code. | ||||||
6 | (c) The Preschool for All Program and Preschool for All | ||||||
7 | Expansion Program under Section 2-3.71 of this Code shall | ||||||
8 | collect and review its chronic absence data and determine what | ||||||
9 | support and resources are needed to positively engage | ||||||
10 | chronically absent students and their families to encourage | ||||||
11 | the habit of daily attendance and promote success. | ||||||
12 | (d) The Preschool for All Program and Preschool for All | ||||||
13 | Expansion Program under Section 2-3.71 of this Code are | ||||||
14 | encouraged to do all of the following: | ||||||
15 | (1) Provide support to students who are at risk of | ||||||
16 | reaching or exceeding chronic absence levels. | ||||||
17 | (2) Make resources available to families, such as | ||||||
18 | those available through the State Board of Education's | ||||||
19 | Family Engagement Framework, to support and encourage | ||||||
20 | families to ensure their children's daily program | ||||||
21 | attendance. | ||||||
22 | (3) Include information about chronic absenteeism as | ||||||
23 | part of their preschool to kindergarten transition | ||||||
24 | resources. | ||||||
25 | (e) On or before July 1, 2020, and annually thereafter, | ||||||
26 | the Preschool for All Program and Preschool for All Expansion |
| |||||||
| |||||||
1 | Program shall report all data collected under subsection (c) | ||||||
2 | of this Section to the State Board of Education, which shall | ||||||
3 | make the report publicly available via the Illinois Early | ||||||
4 | Childhood Asset Map Internet website and the Preschool for All | ||||||
5 | Program or Preschool for All Expansion Program triennial | ||||||
6 | report. | ||||||
7 | (f) This Section is repealed on July 1, 2026. | ||||||
8 | (Source: P.A. 102-539, eff. 8-20-21.) | ||||||
9 | Section 90-35. The School Construction Law is amended by | ||||||
10 | changing Section 5-300 as follows: | ||||||
11 | (105 ILCS 230/5-300) | ||||||
12 | Sec. 5-300. Early childhood construction grants. | ||||||
13 | (a) The Capital Development Board is authorized to make | ||||||
14 | grants to public school districts and not-for-profit entities | ||||||
15 | for early childhood construction projects, except that in | ||||||
16 | fiscal year 2024 those grants may be made only to public school | ||||||
17 | districts. These grants shall be paid out of moneys | ||||||
18 | appropriated for that purpose from the School Construction | ||||||
19 | Fund, the Build Illinois Bond Fund, or the Rebuild Illinois | ||||||
20 | Projects Fund. No grants may be awarded to entities providing | ||||||
21 | services within private residences. A public school district | ||||||
22 | or other eligible entity must provide local matching funds in | ||||||
23 | the following manner: | ||||||
24 | (1) A public school district assigned to Tier 1 under |
| |||||||
| |||||||
1 | Section 18-8.15 of the School Code or any other eligible | ||||||
2 | entity in an area encompassed by that district must | ||||||
3 | provide local matching funds in an amount equal to 3% of | ||||||
4 | the grant awarded under this Section. | ||||||
5 | (2) A public school district assigned to Tier 2 under | ||||||
6 | Section 18-8.15 of the School Code or any other eligible | ||||||
7 | entity in an area encompassed by that district must | ||||||
8 | provide local matching funds in an amount equal to 7.5% of | ||||||
9 | the grant awarded under this Section. | ||||||
10 | (3) A public school district assigned to Tier 3 under | ||||||
11 | Section 18-8.15 of the School Code or any other eligible | ||||||
12 | entity in an area encompassed by that district must | ||||||
13 | provide local matching funds in an amount equal to 8.75% | ||||||
14 | of the grant awarded under this Section. | ||||||
15 | (4) A public school district assigned to Tier 4 under | ||||||
16 | Section 18-8.15 of the School Code or any other eligible | ||||||
17 | entity in an area encompassed by that district must | ||||||
18 | provide local matching funds in an amount equal to 10% of | ||||||
19 | the grant awarded under this Section. | ||||||
20 | A public school district or other eligible entity has no | ||||||
21 | entitlement to a grant under this Section. | ||||||
22 | (b) The Capital Development Board shall adopt rules to | ||||||
23 | implement this Section. These rules need not be the same as the | ||||||
24 | rules for school construction project grants or school | ||||||
25 | maintenance project grants. The rules may specify: | ||||||
26 | (1) the manner of applying for grants; |
| |||||||
| |||||||
1 | (2) project eligibility requirements; | ||||||
2 | (3) restrictions on the use of grant moneys; | ||||||
3 | (4) the manner in which school districts and other | ||||||
4 | eligible entities must account for the use of grant | ||||||
5 | moneys; | ||||||
6 | (5) requirements that new or improved facilities be | ||||||
7 | used for early childhood and other related programs for a | ||||||
8 | period of at least 10 years; and | ||||||
9 | (6) any other provision that the Capital Development | ||||||
10 | Board determines to be necessary or useful for the | ||||||
11 | administration of this Section. | ||||||
12 | (b-5) When grants are made to non-profit corporations for | ||||||
13 | the acquisition or construction of new facilities, the Capital | ||||||
14 | Development Board or any State agency it so designates shall | ||||||
15 | hold title to or place a lien on the facility for a period of | ||||||
16 | 10 years after the date of the grant award, after which title | ||||||
17 | to the facility shall be transferred to the non-profit | ||||||
18 | corporation or the lien shall be removed, provided that the | ||||||
19 | non-profit corporation has complied with the terms of its | ||||||
20 | grant agreement. When grants are made to non-profit | ||||||
21 | corporations for the purpose of renovation or rehabilitation, | ||||||
22 | if the non-profit corporation does not comply with item (5) of | ||||||
23 | subsection (b) of this Section, the Capital Development Board | ||||||
24 | or any State agency it so designates shall recover the grant | ||||||
25 | pursuant to the procedures outlined in the Illinois Grant | ||||||
26 | Funds Recovery Act. |
| |||||||
| |||||||
1 | (c) The Capital Development Board, in consultation with | ||||||
2 | the State Board of Education, shall establish standards for | ||||||
3 | the determination of priority needs concerning early childhood | ||||||
4 | projects based on projects located in communities in the State | ||||||
5 | with the greatest underserved population of young children, | ||||||
6 | utilizing Census data and other reliable local early childhood | ||||||
7 | service data. | ||||||
8 | (d) In each school year in which early childhood | ||||||
9 | construction project grants are awarded, 20% of the total | ||||||
10 | amount awarded shall be awarded to a school district with a | ||||||
11 | population of more than 500,000, provided that the school | ||||||
12 | district complies with the requirements of this Section and | ||||||
13 | the rules adopted under this Section. | ||||||
14 | (e) This Section is repealed on July 1, 2026. | ||||||
15 | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.) | ||||||
16 | Section 90-40. The Early Childhood Access Consortium for | ||||||
17 | Equity Act is amended by changing Sections 25 and 35 as | ||||||
18 | follows: | ||||||
19 | (110 ILCS 28/25) | ||||||
20 | Sec. 25. Advisory committee; membership. | ||||||
21 | (a) The Board of Higher Education, the Illinois Community | ||||||
22 | College Board, the State Board of Education, the Department of | ||||||
23 | Human Services, and the Department of Early Childhood | ||||||
24 | Governor's Office of Early Childhood Development shall jointly |
| |||||||
| |||||||
1 | convene a Consortium advisory committee to provide guidance on | ||||||
2 | the operation of the Consortium. | ||||||
3 | (b) Membership on the advisory committee shall be | ||||||
4 | comprised of employers and experts appointed by the Board of | ||||||
5 | Higher Education, the Illinois Community College Board, the | ||||||
6 | Department of Early Childhood, the Department of Human | ||||||
7 | Services Governor's Office of Early Childhood Development , and | ||||||
8 | the State Board of Education. Membership shall also include | ||||||
9 | all of the following members: | ||||||
10 | (1) An employer from a community-based child care | ||||||
11 | provider, appointed by the Department of Human Services | ||||||
12 | Governor's Office of Early Childhood Development . | ||||||
13 | (2) An employer from a for-profit child care provider, | ||||||
14 | appointed by the Department of Human Services Governor's | ||||||
15 | Office of Early Childhood Development . | ||||||
16 | (3) An employer from a nonprofit child care provider, | ||||||
17 | appointed by the Department of Human Services Governor's | ||||||
18 | Office of Early Childhood Development . | ||||||
19 | (4) A provider of family child care, appointed by the | ||||||
20 | Department of Human Services Governor's Office of Early | ||||||
21 | Childhood Development . | ||||||
22 | (5) An employer located in southern Illinois, | ||||||
23 | appointed by the Department of Early Childhood Governor's | ||||||
24 | Office of Early Childhood Development . | ||||||
25 | (6) An employer located in central Illinois, appointed | ||||||
26 | by the Department of Early Childhood Governor's Office of |
| |||||||
| |||||||
1 | Early Childhood Development . | ||||||
2 | (7) At least one member who represents an urban school | ||||||
3 | district, appointed by the State Board of Education. | ||||||
4 | (8) At least one member who represents a suburban | ||||||
5 | school district, appointed by the State Board of | ||||||
6 | Education. | ||||||
7 | (9) At least one member who represents a rural school | ||||||
8 | district, appointed by the State Board of Education. | ||||||
9 | (10) At least one member who represents a school | ||||||
10 | district in a city with a population of 500,000 or more, | ||||||
11 | appointed by the State Board of Education. | ||||||
12 | (11) Two early childhood advocates with statewide | ||||||
13 | expertise in early childhood workforce issues, appointed | ||||||
14 | by the Department of Early Childhood Governor's Office of | ||||||
15 | Early Childhood Development . | ||||||
16 | (12) The Chairperson or Vice-Chairperson and the | ||||||
17 | Minority Spokesperson or a designee of the Senate | ||||||
18 | Committee on Higher Education. | ||||||
19 | (13) The Chairperson or Vice-Chairperson and the | ||||||
20 | Minority Spokesperson or a designee of the House Committee | ||||||
21 | on Higher Education. | ||||||
22 | (14) One member representing the Illinois Community | ||||||
23 | College Board, who shall serve as co-chairperson, | ||||||
24 | appointed by the Illinois Community College Board. | ||||||
25 | (15) One member representing the Board of Higher | ||||||
26 | Education, who shall serve as co-chairperson, appointed by |
| |||||||
| |||||||
1 | the Board of Higher Education. | ||||||
2 | (16) One member representing the Illinois Student | ||||||
3 | Assistance Commission, appointed by the Board of Higher | ||||||
4 | Education. | ||||||
5 | (17) One member representing the State Board of | ||||||
6 | Education, who shall serve as co-chairperson, appointed by | ||||||
7 | the State Board of Education. | ||||||
8 | (18) One member representing the Department of Early | ||||||
9 | Childhood Governor's Office of Early Childhood | ||||||
10 | Development , who shall serve as co-chairperson, appointed | ||||||
11 | by the Department of Early Childhood Governor's Office of | ||||||
12 | Early Childhood Development . | ||||||
13 | (19) One member representing the Department of Human | ||||||
14 | Services, who shall serve as co-chairperson, appointed by | ||||||
15 | the Department of Human Services Governor's Office of | ||||||
16 | Early Childhood Development . | ||||||
17 | (20) One member representing INCCRRA, appointed by the | ||||||
18 | Department of Early Childhood Governor's Office of Early | ||||||
19 | Childhood Development . | ||||||
20 | (21) One member representing the Department of | ||||||
21 | Children and Family Services, appointed by the Department | ||||||
22 | of Children and Family Services Governor's Office of Early | ||||||
23 | Childhood Development . | ||||||
24 | (22) One member representing an organization that | ||||||
25 | advocates on behalf of community college trustees, | ||||||
26 | appointed by the Illinois Community College Board. |
| |||||||
| |||||||
1 | (23) One member of a union representing child care and | ||||||
2 | early childhood providers, appointed by the Department of | ||||||
3 | Human Services Governor's Office of Early Childhood | ||||||
4 | Development . | ||||||
5 | (24) Two members of unions representing higher | ||||||
6 | education faculty, appointed by the Board of Higher | ||||||
7 | Education. | ||||||
8 | (25) A representative from the College of Education of | ||||||
9 | an urban public university, appointed by the Board of | ||||||
10 | Higher Education. | ||||||
11 | (26) A representative from the College of Education of | ||||||
12 | a suburban public university, appointed by the Board of | ||||||
13 | Higher Education. | ||||||
14 | (27) A representative from the College of Education of | ||||||
15 | a rural public university, appointed by the Board of | ||||||
16 | Higher Education. | ||||||
17 | (28) A representative from the College of Education of | ||||||
18 | a private university, appointed by the Board of Higher | ||||||
19 | Education. | ||||||
20 | (29) A representative of an urban community college, | ||||||
21 | appointed by the Illinois Community College Board. | ||||||
22 | (30) A representative of a suburban community college, | ||||||
23 | appointed by the Illinois Community College Board. | ||||||
24 | (31) A representative of rural community college, | ||||||
25 | appointed by the Illinois Community College Board. | ||||||
26 | (c) The advisory committee shall meet quarterly. The |
| |||||||
| |||||||
1 | committee meetings shall be open to the public in accordance | ||||||
2 | with the provisions of the Open Meetings Act. | ||||||
3 | (Source: P.A. 102-174, eff. 7-28-21.) | ||||||
4 | (110 ILCS 28/35) | ||||||
5 | Sec. 35. Goals and metrics. | ||||||
6 | (a) By July 1, 2021 or within 60 days after the effective | ||||||
7 | date of this amendatory Act of the 102nd General Assembly, the | ||||||
8 | Board of Higher Education's Strategic Plan Educator Workforce | ||||||
9 | subgroup on the early childhood workforce must set goals for | ||||||
10 | the Consortium for the enrollment, persistence, and completion | ||||||
11 | of members of the incumbent workforce in associate, | ||||||
12 | bachelor's, and master's degree programs, Gateways Credentials | ||||||
13 | in Level 2, 3, or 4, and Professional Educator Licensure by | ||||||
14 | September 30, 2024. The goals set for the Consortium must be | ||||||
15 | data informed and include targets for annual enrollment and | ||||||
16 | persistence. | ||||||
17 | (b) Data from the Gateways Registry, March 2020, indicates | ||||||
18 | that there are 7,670 individuals with an associate degree who | ||||||
19 | would benefit from progressing to a baccalaureate degree and | ||||||
20 | 20,467 individuals with a high school diploma or some college | ||||||
21 | who would benefit from progressing to an associate degree. If | ||||||
22 | the goals cannot be set in accordance with subsection (a), the | ||||||
23 | goal for the Consortium shall be that by September 30, 2024, | ||||||
24 | 20% of the individuals described in this subsection (b) who do | ||||||
25 | not have a degree will have enrolled and be persisting toward |
| |||||||
| |||||||
1 | or have attained a Gateways Credential in Level 2, 3, or 4 or | ||||||
2 | an associate degree and, of the individuals who have an | ||||||
3 | associate degree, will be enrolled and persisting toward or | ||||||
4 | have attained a baccalaureate degree or will be persisting | ||||||
5 | toward or have attained a Professional Educator License. | ||||||
6 | (c) Student financial aid, including incentives and | ||||||
7 | stipends, data-sharing, and professional statewide engagement | ||||||
8 | and marketing campaign and recruitment efforts are critical to | ||||||
9 | the Consortium's ability to quickly attract and enroll | ||||||
10 | students into these programs. Navigators, mentors, and | ||||||
11 | advisors are critical for persistence and completion. If | ||||||
12 | federal funds are not appropriated for these purposes and the | ||||||
13 | other purposes of this Section, the Board of Higher Education, | ||||||
14 | the Illinois Community College Board, the State Board of | ||||||
15 | Education, the Department of Human Services, and the | ||||||
16 | Department of Early Childhood Governor's Office of Early | ||||||
17 | Childhood Development , in consultation with the advisory | ||||||
18 | committee, shall adjust the initial target metrics | ||||||
19 | appropriately by adopting challenging goals that may be | ||||||
20 | attainable with less public investment. | ||||||
21 | (d) The Board of Higher Education, the Illinois Community | ||||||
22 | College Board, the State Board of Education, the Department of | ||||||
23 | Human Services, and the Department of Early Childhood | ||||||
24 | Governor's Office of Early Childhood Development , in | ||||||
25 | consultation with the advisory committee, shall determine new | ||||||
26 | metrics and goals for the Consortium as they relate to the |
| |||||||
| |||||||
1 | remaining and future early childhood workforce, to be | ||||||
2 | instituted after the close of the 2024-2025 academic year and | ||||||
3 | going forward. Metrics must take into consideration that the | ||||||
4 | pipeline depends on sustained, increased student enrollment | ||||||
5 | and completion rates at the associate degree level if this | ||||||
6 | State aims to continue with sustained, increased student | ||||||
7 | enrollment and completion at the bachelor's degree level. | ||||||
8 | (Source: P.A. 102-174, eff. 7-28-21.) | ||||||
9 | Section 90-45. The Illinois Public Aid Code is amended by | ||||||
10 | changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as | ||||||
11 | follows: | ||||||
12 | (305 ILCS 5/2-12) (from Ch. 23, par. 2-12) | ||||||
13 | Sec. 2-12. "Illinois Department"; "Department". In this | ||||||
14 | Code, "Illinois Department" or "Department", when a particular | ||||||
15 | entity is not specified, means the following: | ||||||
16 | (1) In the case of a function performed before July 1, 1997 | ||||||
17 | (the effective date of the Department of Human Services Act), | ||||||
18 | the term means the Department of Public Aid. | ||||||
19 | (2) Except as provided in paragraph (2.5), in In the case | ||||||
20 | of a function to be performed on or after July 1, 1997 under | ||||||
21 | Article III, IV, VI, IX, or IXA, the term means the Department | ||||||
22 | of Human Services as successor to the Illinois Department of | ||||||
23 | Public Aid. | ||||||
24 | (2.5) In the case of a function to be performed on or after |
| |||||||
| |||||||
1 | July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means | ||||||
2 | the Department of Early Childhood. | ||||||
3 | (3) In the case of a function to be performed on or after | ||||||
4 | July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, | ||||||
5 | or XV, the term means the Department of Healthcare and Family | ||||||
6 | Services (formerly Illinois Department of Public Aid). | ||||||
7 | (4) In the case of a function to be performed on or after | ||||||
8 | July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the | ||||||
9 | term means the Department of Human Services (acting as | ||||||
10 | successor to the Illinois Department of Public Aid) or the | ||||||
11 | Department of Healthcare and Family Services (formerly | ||||||
12 | Illinois Department of Public Aid) or both, according to | ||||||
13 | whether that function, in the specific context, has been | ||||||
14 | allocated to the Department of Human Services or the | ||||||
15 | Department of Healthcare and Family Services (formerly | ||||||
16 | Department of Public Aid) or both of those departments. | ||||||
17 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||
18 | (305 ILCS 5/2-12.5) | ||||||
19 | Sec. 2-12.5. "Director of the Illinois Department"; | ||||||
20 | "Director of the Department"; "Director". In this Code, | ||||||
21 | "Director of the Illinois Department", "Director of the | ||||||
22 | Department", or "Director", when a particular official is not | ||||||
23 | specified, means the following: | ||||||
24 | (1) In the case of a function performed before July 1, 1997 | ||||||
25 | (the effective date of the Department of Human Services Act), |
| |||||||
| |||||||
1 | the term means the Director of Public Aid. | ||||||
2 | (2) Except as provided in paragraph (2.5), in In the case | ||||||
3 | of a function to be performed on or after July 1, 1997 under | ||||||
4 | Article III, IV, VI, IX, or IXA, the term means the Secretary | ||||||
5 | of Human Services. | ||||||
6 | (2.5) In the case of a function to be performed on or after | ||||||
7 | July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means | ||||||
8 | the Secretary of Early Childhood. | ||||||
9 | (3) In the case of a function to be performed on or after | ||||||
10 | July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, | ||||||
11 | or XV, the term means the Director of Healthcare and Family | ||||||
12 | Services (formerly Director of Public Aid). | ||||||
13 | (4) In the case of a function to be performed on or after | ||||||
14 | July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the | ||||||
15 | term means the Secretary of Human Services or the Director of | ||||||
16 | Healthcare and Family Services (formerly Director of Public | ||||||
17 | Aid) or both, according to whether that function, in the | ||||||
18 | specific context, has been allocated to the Department of | ||||||
19 | Human Services or the Department of Healthcare and Family | ||||||
20 | Services (formerly Department of Public Aid) or both of those | ||||||
21 | departments. | ||||||
22 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||
23 | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11) | ||||||
24 | Sec. 9A-11. Child care. | ||||||
25 | (a) The General Assembly recognizes that families with |
| |||||||
| |||||||
1 | children need child care in order to work. Child care is | ||||||
2 | expensive and families with limited access to economic | ||||||
3 | resources, including those who are transitioning from welfare | ||||||
4 | to work, often struggle to pay the costs of day care. The | ||||||
5 | General Assembly understands the importance of helping working | ||||||
6 | families with limited access to economic resources become and | ||||||
7 | remain self-sufficient. The General Assembly also believes | ||||||
8 | that it is the responsibility of families to share in the costs | ||||||
9 | of child care. It is also the preference of the General | ||||||
10 | Assembly that all working families with limited access to | ||||||
11 | economic resources should be treated equally, regardless of | ||||||
12 | their welfare status. | ||||||
13 | (b) To the extent resources permit, the Illinois | ||||||
14 | Department shall provide child care services to parents or | ||||||
15 | other relatives as defined by rule who are working or | ||||||
16 | participating in employment or Department approved education | ||||||
17 | or training programs. At a minimum, the Illinois Department | ||||||
18 | shall cover the following categories of families: | ||||||
19 | (1) recipients of TANF under Article IV participating | ||||||
20 | in work and training activities as specified in the | ||||||
21 | personal plan for employment and self-sufficiency; | ||||||
22 | (2) families transitioning from TANF to work; | ||||||
23 | (3) families at risk of becoming recipients of TANF; | ||||||
24 | (4) families with special needs as defined by rule; | ||||||
25 | (5) working families with very low incomes as defined | ||||||
26 | by rule; |
| |||||||
| |||||||
1 | (6) families that are not recipients of TANF and that | ||||||
2 | need child care assistance to participate in education and | ||||||
3 | training activities; | ||||||
4 | (7) youth in care, as defined in Section 4d of the | ||||||
5 | Children and Family Services Act, who are parents, | ||||||
6 | regardless of income or whether they are working or | ||||||
7 | participating in Department-approved employment or | ||||||
8 | education or training programs. Any family that receives | ||||||
9 | child care assistance in accordance with this paragraph | ||||||
10 | shall receive one additional 12-month child care | ||||||
11 | eligibility period after the parenting youth in care's | ||||||
12 | case with the Department of Children and Family Services | ||||||
13 | is closed, regardless of income or whether the parenting | ||||||
14 | youth in care is working or participating in | ||||||
15 | Department-approved employment or education or training | ||||||
16 | programs; | ||||||
17 | (8) families receiving Extended Family Support Program | ||||||
18 | services from the Department of Children and Family | ||||||
19 | Services, regardless of income or whether they are working | ||||||
20 | or participating in Department-approved employment or | ||||||
21 | education or training programs; and | ||||||
22 | (9) families with children under the age of 5 who have | ||||||
23 | an open intact family services case with the Department of | ||||||
24 | Children and Family Services. Any family that receives | ||||||
25 | child care assistance in accordance with this paragraph | ||||||
26 | shall remain eligible for child care assistance 6 months |
| |||||||
| |||||||
1 | after the child's intact family services case is closed, | ||||||
2 | regardless of whether the child's parents or other | ||||||
3 | relatives as defined by rule are working or participating | ||||||
4 | in Department approved employment or education or training | ||||||
5 | programs. The Department of Early Childhood Human | ||||||
6 | Services , in consultation with the Department of Children | ||||||
7 | and Family Services, shall adopt rules to protect the | ||||||
8 | privacy of families who are the subject of an open intact | ||||||
9 | family services case when such families enroll in child | ||||||
10 | care services. Additional rules shall be adopted to offer | ||||||
11 | children who have an open intact family services case the | ||||||
12 | opportunity to receive an Early Intervention screening and | ||||||
13 | other services that their families may be eligible for as | ||||||
14 | provided by the Department of Human Services. | ||||||
15 | Beginning October 1, 2027 2023 , and every October 1 | ||||||
16 | thereafter, the Department of Children and Family Services | ||||||
17 | shall report to the General Assembly on the number of children | ||||||
18 | who received child care via vouchers paid for by the | ||||||
19 | Department of Early Childhood Children and Family Services | ||||||
20 | during the preceding fiscal year. The report shall include the | ||||||
21 | ages of children who received child care, the type of child | ||||||
22 | care they received, and the number of months they received | ||||||
23 | child care. | ||||||
24 | The Department shall specify by rule the conditions of | ||||||
25 | eligibility, the application process, and the types, amounts, | ||||||
26 | and duration of services. Eligibility for child care benefits |
| |||||||
| |||||||
1 | and the amount of child care provided may vary based on family | ||||||
2 | size, income, and other factors as specified by rule. | ||||||
3 | The Department shall update the Child Care Assistance | ||||||
4 | Program Eligibility Calculator posted on its website to | ||||||
5 | include a question on whether a family is applying for child | ||||||
6 | care assistance for the first time or is applying for a | ||||||
7 | redetermination of eligibility. | ||||||
8 | A family's eligibility for child care services shall be | ||||||
9 | redetermined no sooner than 12 months following the initial | ||||||
10 | determination or most recent redetermination. During the | ||||||
11 | 12-month periods, the family shall remain eligible for child | ||||||
12 | care services regardless of (i) a change in family income, | ||||||
13 | unless family income exceeds 85% of State median income, or | ||||||
14 | (ii) a temporary change in the ongoing status of the parents or | ||||||
15 | other relatives, as defined by rule, as working or attending a | ||||||
16 | job training or educational program. | ||||||
17 | In determining income eligibility for child care benefits, | ||||||
18 | the Department annually, at the beginning of each fiscal year, | ||||||
19 | shall establish, by rule, one income threshold for each family | ||||||
20 | size, in relation to percentage of State median income for a | ||||||
21 | family of that size, that makes families with incomes below | ||||||
22 | the specified threshold eligible for assistance and families | ||||||
23 | with incomes above the specified threshold ineligible for | ||||||
24 | assistance. Through and including fiscal year 2007, the | ||||||
25 | specified threshold must be no less than 50% of the | ||||||
26 | then-current State median income for each family size. |
| |||||||
| |||||||
1 | Beginning in fiscal year 2008, the specified threshold must be | ||||||
2 | no less than 185% of the then-current federal poverty level | ||||||
3 | for each family size. Notwithstanding any other provision of | ||||||
4 | law or administrative rule to the contrary, beginning in | ||||||
5 | fiscal year 2019, the specified threshold for working families | ||||||
6 | with very low incomes as defined by rule must be no less than | ||||||
7 | 185% of the then-current federal poverty level for each family | ||||||
8 | size. Notwithstanding any other provision of law or | ||||||
9 | administrative rule to the contrary, beginning in State fiscal | ||||||
10 | year 2022 through State fiscal year 2023, the specified income | ||||||
11 | threshold shall be no less than 200% of the then-current | ||||||
12 | federal poverty level for each family size. Beginning in State | ||||||
13 | fiscal year 2024, the specified income threshold shall be no | ||||||
14 | less than 225% of the then-current federal poverty level for | ||||||
15 | each family size. | ||||||
16 | In determining eligibility for assistance, the Department | ||||||
17 | shall not give preference to any category of recipients or | ||||||
18 | give preference to individuals based on their receipt of | ||||||
19 | benefits under this Code. | ||||||
20 | Nothing in this Section shall be construed as conferring | ||||||
21 | entitlement status to eligible families. | ||||||
22 | The Illinois Department is authorized to lower income | ||||||
23 | eligibility ceilings, raise parent co-payments, create waiting | ||||||
24 | lists, or take such other actions during a fiscal year as are | ||||||
25 | necessary to ensure that child care benefits paid under this | ||||||
26 | Article do not exceed the amounts appropriated for those child |
| |||||||
| |||||||
1 | care benefits. These changes may be accomplished by emergency | ||||||
2 | rule under Section 5-45 of the Illinois Administrative | ||||||
3 | Procedure Act, except that the limitation on the number of | ||||||
4 | emergency rules that may be adopted in a 24-month period shall | ||||||
5 | not apply. | ||||||
6 | The Illinois Department may contract with other State | ||||||
7 | agencies or child care organizations for the administration of | ||||||
8 | child care services. | ||||||
9 | (c) Payment shall be made for child care that otherwise | ||||||
10 | meets the requirements of this Section and applicable | ||||||
11 | standards of State and local law and regulation, including any | ||||||
12 | requirements the Illinois Department promulgates by rule . | ||||||
13 | Through June 30, 2026, the rules of this Section include | ||||||
14 | licensure requirements adopted by the Department of Children | ||||||
15 | and Family Services. On and after July 1, 2026, the rules of | ||||||
16 | this Section include licensure requirements adopted by the | ||||||
17 | Department of Early Childhood. In addition, the regulations of | ||||||
18 | this Section include the in addition to the licensure | ||||||
19 | requirements promulgated by the Department of Children and | ||||||
20 | Family Services and Fire Prevention and Safety requirements | ||||||
21 | promulgated by the Office of the State Fire Marshal, and is | ||||||
22 | provided in any of the following: | ||||||
23 | (1) a child care center which is licensed or exempt | ||||||
24 | from licensure pursuant to Section 2.09 of the Child Care | ||||||
25 | Act of 1969; | ||||||
26 | (2) a licensed child care home or home exempt from |
| |||||||
| |||||||
1 | licensing; | ||||||
2 | (3) a licensed group child care home; | ||||||
3 | (4) other types of child care, including child care | ||||||
4 | provided by relatives or persons living in the same home | ||||||
5 | as the child, as determined by the Illinois Department by | ||||||
6 | rule. | ||||||
7 | (c-5) Solely for the purposes of coverage under the | ||||||
8 | Illinois Public Labor Relations Act, child and day care home | ||||||
9 | providers, including licensed and license exempt, | ||||||
10 | participating in the Department's child care assistance | ||||||
11 | program shall be considered to be public employees and the | ||||||
12 | State of Illinois shall be considered to be their employer as | ||||||
13 | of January 1, 2006 (the effective date of Public Act 94-320), | ||||||
14 | but not before. The State shall engage in collective | ||||||
15 | bargaining with an exclusive representative of child and day | ||||||
16 | care home providers participating in the child care assistance | ||||||
17 | program concerning their terms and conditions of employment | ||||||
18 | that are within the State's control. Nothing in this | ||||||
19 | subsection shall be understood to limit the right of families | ||||||
20 | receiving services defined in this Section to select child and | ||||||
21 | day care home providers or supervise them within the limits of | ||||||
22 | this Section. The State shall not be considered to be the | ||||||
23 | employer of child and day care home providers for any purposes | ||||||
24 | not specifically provided in Public Act 94-320, including, but | ||||||
25 | not limited to, purposes of vicarious liability in tort and | ||||||
26 | purposes of statutory retirement or health insurance benefits. |
| |||||||
| |||||||
1 | Child and day care home providers shall not be covered by the | ||||||
2 | State Employees Group Insurance Act of 1971. | ||||||
3 | In according child and day care home providers and their | ||||||
4 | selected representative rights under the Illinois Public Labor | ||||||
5 | Relations Act, the State intends that the State action | ||||||
6 | exemption to application of federal and State antitrust laws | ||||||
7 | be fully available to the extent that their activities are | ||||||
8 | authorized by Public Act 94-320. | ||||||
9 | (d) The Illinois Department shall establish, by rule, a | ||||||
10 | co-payment scale that provides for cost sharing by families | ||||||
11 | that receive child care services, including parents whose only | ||||||
12 | income is from assistance under this Code. The co-payment | ||||||
13 | shall be based on family income and family size and may be | ||||||
14 | based on other factors as appropriate. Co-payments may be | ||||||
15 | waived for families whose incomes are at or below the federal | ||||||
16 | poverty level. | ||||||
17 | (d-5) The Illinois Department, in consultation with its | ||||||
18 | Child Care and Development Advisory Council, shall develop a | ||||||
19 | plan to revise the child care assistance program's co-payment | ||||||
20 | scale. The plan shall be completed no later than February 1, | ||||||
21 | 2008, and shall include: | ||||||
22 | (1) findings as to the percentage of income that the | ||||||
23 | average American family spends on child care and the | ||||||
24 | relative amounts that low-income families and the average | ||||||
25 | American family spend on other necessities of life; | ||||||
26 | (2) recommendations for revising the child care |
| |||||||
| |||||||
1 | co-payment scale to assure that families receiving child | ||||||
2 | care services from the Department are paying no more than | ||||||
3 | they can reasonably afford; | ||||||
4 | (3) recommendations for revising the child care | ||||||
5 | co-payment scale to provide at-risk children with complete | ||||||
6 | access to Preschool for All and Head Start; and | ||||||
7 | (4) recommendations for changes in child care program | ||||||
8 | policies that affect the affordability of child care. | ||||||
9 | (e) (Blank). | ||||||
10 | (f) The Illinois Department shall, by rule, set rates to | ||||||
11 | be paid for the various types of child care. Child care may be | ||||||
12 | provided through one of the following methods: | ||||||
13 | (1) arranging the child care through eligible | ||||||
14 | providers by use of purchase of service contracts or | ||||||
15 | vouchers; | ||||||
16 | (2) arranging with other agencies and community | ||||||
17 | volunteer groups for non-reimbursed child care; | ||||||
18 | (3) (blank); or | ||||||
19 | (4) adopting such other arrangements as the Department | ||||||
20 | determines appropriate. | ||||||
21 | (f-1) Within 30 days after June 4, 2018 (the effective | ||||||
22 | date of Public Act 100-587), the Department of Human Services | ||||||
23 | shall establish rates for child care providers that are no | ||||||
24 | less than the rates in effect on January 1, 2018 increased by | ||||||
25 | 4.26%. | ||||||
26 | (f-5) (Blank). |
| |||||||
| |||||||
1 | (g) Families eligible for assistance under this Section | ||||||
2 | shall be given the following options: | ||||||
3 | (1) receiving a child care certificate issued by the | ||||||
4 | Department or a subcontractor of the Department that may | ||||||
5 | be used by the parents as payment for child care and | ||||||
6 | development services only; or | ||||||
7 | (2) if space is available, enrolling the child with a | ||||||
8 | child care provider that has a purchase of service | ||||||
9 | contract with the Department or a subcontractor of the | ||||||
10 | Department for the provision of child care and development | ||||||
11 | services. The Department may identify particular priority | ||||||
12 | populations for whom they may request special | ||||||
13 | consideration by a provider with purchase of service | ||||||
14 | contracts, provided that the providers shall be permitted | ||||||
15 | to maintain a balance of clients in terms of household | ||||||
16 | incomes and families and children with special needs, as | ||||||
17 | defined by rule. | ||||||
18 | (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
19 | 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.) | ||||||
20 | (305 ILCS 5/9A-11.5) | ||||||
21 | Sec. 9A-11.5. Investigate child care providers. | ||||||
22 | (a) Through June 30, 2026, any Any child care provider | ||||||
23 | receiving funds from the child care assistance program under | ||||||
24 | this Code who is not required to be licensed under the Child | ||||||
25 | Care Act of 1969 shall, as a condition of eligibility to |
| |||||||
| |||||||
1 | participate in the child care assistance program under this | ||||||
2 | Code, authorize in writing on a form prescribed by the | ||||||
3 | Department of Children and Family Services, periodic | ||||||
4 | investigations of the Central Register, as defined in the | ||||||
5 | Abused and Neglected Child Reporting Act, to ascertain if the | ||||||
6 | child care provider has been determined to be a perpetrator in | ||||||
7 | an indicated report of child abuse or neglect. The Department | ||||||
8 | of Children and Family Services shall conduct an investigation | ||||||
9 | of the Central Register at the request of the Department of | ||||||
10 | Human Services . | ||||||
11 | (a-5) On and after July 1, 2026, any child care provider | ||||||
12 | receiving funds from the child care assistance program under | ||||||
13 | this Code who is not required to be licensed under the Child | ||||||
14 | Care Act of 1969 shall, as a condition of eligibility to | ||||||
15 | participate in the child care assistance program under this | ||||||
16 | Code, authorize in writing on a form prescribed by the | ||||||
17 | Department of Early Childhood, periodic investigations of the | ||||||
18 | Central Register, as defined in the Abused and Neglected Child | ||||||
19 | Reporting Act, to ascertain if the child care provider has | ||||||
20 | been determined to be a perpetrator in an indicated report of | ||||||
21 | child abuse or neglect. | ||||||
22 | (b) Any child care provider, other than a relative of the | ||||||
23 | child, receiving funds from the child care assistance program | ||||||
24 | under this Code who is not required to be licensed under the | ||||||
25 | Child Care Act of 1969 shall, as a condition of eligibility to | ||||||
26 | participate in the child care assistance program under this |
| |||||||
| |||||||
1 | Code, authorize in writing a State and Federal Bureau of | ||||||
2 | Investigation fingerprint-based criminal history record check | ||||||
3 | to determine if the child care provider has ever been | ||||||
4 | convicted of a crime with respect to which the conviction has | ||||||
5 | not been overturned and the criminal records have not been | ||||||
6 | sealed or expunged. Upon this authorization, the Department | ||||||
7 | shall request and receive information and assistance from any | ||||||
8 | federal or State governmental agency as part of the authorized | ||||||
9 | criminal history record check. The Illinois State Police shall | ||||||
10 | provide information concerning any conviction that has not | ||||||
11 | been overturned and with respect to which the criminal records | ||||||
12 | have not been sealed or expunged, whether the conviction | ||||||
13 | occurred before or on or after the effective date of this | ||||||
14 | amendatory Act of the 96th General Assembly, of a child care | ||||||
15 | provider upon the request of the Department when the request | ||||||
16 | is made in the form and manner required by the Illinois State | ||||||
17 | Police. The Illinois State Police shall charge a fee not to | ||||||
18 | exceed the cost of processing the criminal history record | ||||||
19 | check. The fee is to be deposited into the State Police | ||||||
20 | Services Fund. Any information concerning convictions that | ||||||
21 | have not been overturned and with respect to which the | ||||||
22 | criminal records have not been sealed or expunged obtained by | ||||||
23 | the Department is confidential and may not be transmitted (i) | ||||||
24 | outside the Department except as required in this Section or | ||||||
25 | (ii) to anyone within the Department except as needed for the | ||||||
26 | purposes of determining participation in the child care |
| |||||||
| |||||||
1 | assistance program. A copy of the criminal history record | ||||||
2 | check obtained from the Illinois State Police shall be | ||||||
3 | provided to the unlicensed child care provider. | ||||||
4 | (c) The Department shall by rule set standards for | ||||||
5 | determining when to disqualify an unlicensed child care | ||||||
6 | provider for payment because (i) there is an indicated finding | ||||||
7 | against the provider based on the results of the Central | ||||||
8 | Register search or (ii) there is a disqualifying criminal | ||||||
9 | charge pending against the provider or the provider has a | ||||||
10 | disqualifying criminal conviction that has not been overturned | ||||||
11 | and with respect to which the criminal records have not been | ||||||
12 | expunged or sealed based on the results of the | ||||||
13 | fingerprint-based Illinois State Police and Federal Bureau of | ||||||
14 | Investigation criminal history record check. In determining | ||||||
15 | whether to disqualify an unlicensed child care provider for | ||||||
16 | payment under this subsection, the Department shall consider | ||||||
17 | the nature and gravity of any offense or offenses; the time | ||||||
18 | that has passed since the offense or offenses or the | ||||||
19 | completion of the criminal sentence or both; and the | ||||||
20 | relationship of the offense or offenses to the | ||||||
21 | responsibilities of the child care provider. | ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
23 | (305 ILCS 5/9A-17) | ||||||
24 | Sec. 9A-17. Smart Start Child Care Program. Subject to | ||||||
25 | appropriation, the Department of Human Services shall |
| |||||||
| |||||||
1 | establish the Smart Start Child Care Program. The Smart Start | ||||||
2 | Child Care Program shall focus on creating affordable child | ||||||
3 | care, as well as increasing access to child care, for Illinois | ||||||
4 | residents and may include, but is not limited to, providing | ||||||
5 | funding to increase preschool availability, providing funding | ||||||
6 | for childcare workforce compensation or capital investments, | ||||||
7 | and expanding funding for Early Childhood Access Consortium | ||||||
8 | for Equity Scholarships. The Department shall establish | ||||||
9 | program eligibility criteria, participation conditions, | ||||||
10 | payment levels, and other program requirements by rule. The | ||||||
11 | Department of Human Services may consult with the Capital | ||||||
12 | Development Board, the Department of Commerce and Economic | ||||||
13 | Opportunity, and the Illinois Housing Development Authority in | ||||||
14 | the management and disbursement of funds for capital-related | ||||||
15 | projects. The Capital Development Board, the Department of | ||||||
16 | Commerce and Economic Opportunity, and the Illinois Housing | ||||||
17 | Development Authority shall act in a consulting role only for | ||||||
18 | the evaluation of applicants, scoring of applicants, or | ||||||
19 | administration of the grant program. | ||||||
20 | This Section is repealed on July 1, 2026. | ||||||
21 | (Source: P.A. 103-8, eff. 6-7-23.) | ||||||
22 | Section 90-50. The Early Intervention Services System Act | ||||||
23 | is amended by adding Section 20.1 as follows: | ||||||
24 | (325 ILCS 20/20.1 new) |
| |||||||
| |||||||
1 | Sec. 20.1. Repeal. This Act is repealed on July 1, 2026. | ||||||
2 | Section 90-55. The Infant/Early Childhood Mental Health | ||||||
3 | Consultations Act is amended by changing Section 35-5 as | ||||||
4 | follows: | ||||||
5 | (405 ILCS 47/35-5) | ||||||
6 | Sec. 35-5. Findings; policies. | ||||||
7 | (a) The General Assembly finds the following: | ||||||
8 | (1) Social and emotional development is a core | ||||||
9 | developmental domain in young children and is codified in | ||||||
10 | the Illinois Early Learning Standards. | ||||||
11 | (2) Fostering social and emotional development in | ||||||
12 | early childhood means both providing the supportive | ||||||
13 | settings and interactions to maximize healthy social and | ||||||
14 | emotional development for all children, as well as | ||||||
15 | providing communities, programs, and providers with | ||||||
16 | systems of tiered supports with training to respond to | ||||||
17 | more significant social and emotional challenges or where | ||||||
18 | experiences of trauma may be more prevalent. | ||||||
19 | (3) Early care and education programs and providers, | ||||||
20 | across a range of settings, have an important role to play | ||||||
21 | in supporting young children and families, especially | ||||||
22 | those who face greater challenges, such as trauma | ||||||
23 | exposure, social isolation, pervasive poverty, and toxic | ||||||
24 | stress; if programs, teaching staff, caregivers, and |
| |||||||
| |||||||
1 | providers are not provided with the support, services, and | ||||||
2 | training needed to accomplish these goals, it can lead to | ||||||
3 | children and families being asked to leave programs, | ||||||
4 | particularly without connection to more appropriate | ||||||
5 | services, thereby creating a disruption in learning and | ||||||
6 | social-emotional development; investments in reflective | ||||||
7 | supervision, professional development specific to | ||||||
8 | diversity, equity and inclusion practice, culturally | ||||||
9 | responsive training, implicit bias training, and how | ||||||
10 | trauma experienced during the early years can manifest in | ||||||
11 | challenging behaviors will create systems for serving | ||||||
12 | children that are informed in developmentally appropriate | ||||||
13 | and responsive supports. | ||||||
14 | (4) Studies have shown that the expulsion of infants, | ||||||
15 | toddlers, and young children in early care and education | ||||||
16 | settings is occurring at alarmingly high rates, more than | ||||||
17 | 3 times that of students in K-12; further, expulsion | ||||||
18 | occurs more frequently for Black children and Latinx | ||||||
19 | children and more frequently for boys than for girls, with | ||||||
20 | Black boys being most frequently expelled; there is | ||||||
21 | evidence to show that the expulsion of Black girls is | ||||||
22 | occurring with increasing frequency. | ||||||
23 | (5) Illinois took its first steps toward addressing | ||||||
24 | this disparity through Public Act 100-105 to prohibit | ||||||
25 | expulsion due to child behavior in early care and | ||||||
26 | education settings, but further work is needed to |
| |||||||
| |||||||
1 | implement this law, including strengthening provider | ||||||
2 | understanding of a successful transition and beginning to | ||||||
3 | identify strategies to reduce "soft expulsions" and to | ||||||
4 | ensure more young children and their teachers, providers, | ||||||
5 | and caregivers, in a range of early care and education | ||||||
6 | settings, can benefit from services, such as Infant/Early | ||||||
7 | Childhood Mental Health Consultations (I/ECMHC) and | ||||||
8 | positive behavior interventions and supports such as the | ||||||
9 | Pyramid Model. | ||||||
10 | (6) I/ECMHC is a critical component needed to align | ||||||
11 | social-emotional well-being with the public health model | ||||||
12 | of promotion, prevention, and intervention across early | ||||||
13 | care and education systems. | ||||||
14 | (b) The General Assembly encourages that all of the | ||||||
15 | following actions be taken by: | ||||||
16 | (1) the State to increase the availability of | ||||||
17 | Infant/Early Childhood Mental Health Consultations | ||||||
18 | (I/ECMHC) through increased funding in early childhood | ||||||
19 | programs and sustainable funding for coordination of | ||||||
20 | I/ECMHC and other social and emotional support at the | ||||||
21 | State level; | ||||||
22 | (2) the Department of Human Services (IDHS), the | ||||||
23 | Illinois State Board of Education (ISBE), the Governor's | ||||||
24 | Office of Early Childhood Development (GOECD), and other | ||||||
25 | relevant agencies to develop and promote | ||||||
26 | provider-accessible and parent-accessible materials, |
| |||||||
| |||||||
1 | including native language, on the role and value of | ||||||
2 | I/ECMHC, including targeted promotion in underserved | ||||||
3 | communities, and promote the use of existing I/ECMHCs, the | ||||||
4 | I/ECMHC consultant database, or other existing services; | ||||||
5 | (3) the State to increase funding to promote and | ||||||
6 | provide training and implementation support for systems of | ||||||
7 | tiered support, such as the Pyramid Model, across early | ||||||
8 | childhood settings and urge DHS, ISBE, GOECD, and other | ||||||
9 | relevant State agencies to coordinate efforts and develop | ||||||
10 | strategies to provide outreach to and support providers in | ||||||
11 | underserved communities and communities with fewer | ||||||
12 | programmatic resources; and | ||||||
13 | (4) ISBE and DCFS to provide the data required by | ||||||
14 | Public Act 100-105, even if the data is incomplete at the | ||||||
15 | time due to data system challenges. | ||||||
16 | (c) This Section is repealed on July 1, 2026. | ||||||
17 | (Source: P.A. 101-654, eff. 3-8-21.) | ||||||
18 | Section 90-60. The Children's Mental Health Act is amended | ||||||
19 | by changing Section 5 as follows: | ||||||
20 | (405 ILCS 49/5) | ||||||
21 | Sec. 5. Children's Mental Health Partnership; Children's | ||||||
22 | Mental Health Plan. | ||||||
23 | (a) The Children's Mental Health Partnership (hereafter | ||||||
24 | referred to as "the Partnership") created under Public Act |
| |||||||
| |||||||
1 | 93-495 and continued under Public Act 102-899 shall advise | ||||||
2 | State agencies on designing and implementing short-term and | ||||||
3 | long-term strategies to provide comprehensive and coordinated | ||||||
4 | services for children from birth to age 25 and their families | ||||||
5 | with the goal of addressing children's mental health needs | ||||||
6 | across a full continuum of care, including social determinants | ||||||
7 | of health, prevention, early identification, and treatment. | ||||||
8 | The recommended strategies shall build upon the | ||||||
9 | recommendations in the Children's Mental Health Plan of 2022 | ||||||
10 | and may include, but are not limited to, recommendations | ||||||
11 | regarding the following: | ||||||
12 | (1) Increasing public awareness on issues connected to | ||||||
13 | children's mental health and wellness to decrease stigma, | ||||||
14 | promote acceptance, and strengthen the ability of | ||||||
15 | children, families, and communities to access supports. | ||||||
16 | (2) Coordination of programs, services, and policies | ||||||
17 | across child-serving State agencies to best monitor and | ||||||
18 | assess spending, as well as foster innovation of adaptive | ||||||
19 | or new practices. | ||||||
20 | (3) Funding and resources for children's mental health | ||||||
21 | prevention, early identification, and treatment across | ||||||
22 | child-serving State agencies. | ||||||
23 | (4) Facilitation of research on best practices and | ||||||
24 | model programs and dissemination of this information to | ||||||
25 | State policymakers, practitioners, and the general public. | ||||||
26 | (5) Monitoring programs, services, and policies |
| |||||||
| |||||||
1 | addressing children's mental health and wellness. | ||||||
2 | (6) Growing, retaining, diversifying, and supporting | ||||||
3 | the child-serving workforce, with special emphasis on | ||||||
4 | professional development around child and family mental | ||||||
5 | health and wellness services. | ||||||
6 | (7) Supporting the design, implementation, and | ||||||
7 | evaluation of a quality-driven children's mental health | ||||||
8 | system of care across all child services that prevents | ||||||
9 | mental health concerns and mitigates trauma. | ||||||
10 | (8) Improving the system to more effectively meet the | ||||||
11 | emergency and residential placement needs for all children | ||||||
12 | with severe mental and behavioral challenges. | ||||||
13 | (b) The Partnership shall have the responsibility of | ||||||
14 | developing and updating the Children's Mental Health Plan and | ||||||
15 | advising the relevant State agencies on implementation of the | ||||||
16 | Plan. The Children's Mental Health Partnership shall be | ||||||
17 | comprised of the following members: | ||||||
18 | (1) The Governor or his or her designee. | ||||||
19 | (2) The Attorney General or his or her designee. | ||||||
20 | (3) The Secretary of the Department of Human Services | ||||||
21 | or his or her designee. | ||||||
22 | (4) The State Superintendent of Education or his or | ||||||
23 | her designee. | ||||||
24 | (5) The Director of the Department of Children and | ||||||
25 | Family Services or his or her designee. | ||||||
26 | (6) The Director of the Department of Healthcare and |
| |||||||
| |||||||
1 | Family Services or his or her designee. | ||||||
2 | (7) The Director of the Department of Public Health or | ||||||
3 | his or her designee. | ||||||
4 | (8) The Director of the Department of Juvenile Justice | ||||||
5 | or his or her designee. | ||||||
6 | (9) The Secretary of Early Childhood Executive | ||||||
7 | Director of the Governor's Office of Early Childhood | ||||||
8 | Development or his or her designee. | ||||||
9 | (10) The Director of the Criminal Justice Information | ||||||
10 | Authority or his or her designee. | ||||||
11 | (11) One member of the General Assembly appointed by | ||||||
12 | the Speaker of the House. | ||||||
13 | (12) One member of the General Assembly appointed by | ||||||
14 | the President of the Senate. | ||||||
15 | (13) One member of the General Assembly appointed by | ||||||
16 | the Minority Leader of the Senate. | ||||||
17 | (14) One member of the General Assembly appointed by | ||||||
18 | the Minority Leader of the House. | ||||||
19 | (15) Up to 25 representatives from the public | ||||||
20 | reflecting a diversity of age, gender identity, race, | ||||||
21 | ethnicity, socioeconomic status, and geographic location, | ||||||
22 | to be appointed by the Governor. Those public members | ||||||
23 | appointed under this paragraph must include, but are not | ||||||
24 | limited to: | ||||||
25 | (A) a family member or individual with lived | ||||||
26 | experience in the children's mental health system; |
| |||||||
| |||||||
1 | (B) a child advocate; | ||||||
2 | (C) a community mental health expert, | ||||||
3 | practitioner, or provider; | ||||||
4 | (D) a representative of a statewide association | ||||||
5 | representing a majority of hospitals in the State; | ||||||
6 | (E) an early childhood expert or practitioner; | ||||||
7 | (F) a representative from the K-12 school system; | ||||||
8 | (G) a representative from the healthcare sector; | ||||||
9 | (H) a substance use prevention expert or | ||||||
10 | practitioner, or a representative of a statewide | ||||||
11 | association representing community-based mental health | ||||||
12 | substance use disorder treatment providers in the | ||||||
13 | State; | ||||||
14 | (I) a violence prevention expert or practitioner; | ||||||
15 | (J) a representative from the juvenile justice | ||||||
16 | system; | ||||||
17 | (K) a school social worker; and | ||||||
18 | (L) a representative of a statewide organization | ||||||
19 | representing pediatricians. | ||||||
20 | (16) Two co-chairs appointed by the Governor, one | ||||||
21 | being a representative from the public and one being a | ||||||
22 | representative from the State. | ||||||
23 | The members appointed by the Governor shall be appointed | ||||||
24 | for 4 years with one opportunity for reappointment, except as | ||||||
25 | otherwise provided for in this subsection. Members who were | ||||||
26 | appointed by the Governor and are serving on January 1, 2023 |
| |||||||
| |||||||
1 | (the effective date of Public Act 102-899) shall maintain | ||||||
2 | their appointment until the term of their appointment has | ||||||
3 | expired. For new appointments made pursuant to Public Act | ||||||
4 | 102-899, members shall be appointed for one-year, 2-year, or | ||||||
5 | 4-year terms, as determined by the Governor, with no more than | ||||||
6 | 9 of the Governor's new or existing appointees serving the | ||||||
7 | same term. Those new appointments serving a one-year or 2-year | ||||||
8 | term may be appointed to 2 additional 4-year terms. If a | ||||||
9 | vacancy occurs in the Partnership membership, the vacancy | ||||||
10 | shall be filled in the same manner as the original appointment | ||||||
11 | for the remainder of the term. | ||||||
12 | The Partnership shall be convened no later than January | ||||||
13 | 31, 2023 to discuss the changes in Public Act 102-899. | ||||||
14 | The members of the Partnership shall serve without | ||||||
15 | compensation but may be entitled to reimbursement for all | ||||||
16 | necessary expenses incurred in the performance of their | ||||||
17 | official duties as members of the Partnership from funds | ||||||
18 | appropriated for that purpose. | ||||||
19 | The Partnership may convene and appoint special committees | ||||||
20 | or study groups to operate under the direction of the | ||||||
21 | Partnership. Persons appointed to such special committees or | ||||||
22 | study groups shall only receive reimbursement for reasonable | ||||||
23 | expenses. | ||||||
24 | (b-5) The Partnership shall include an adjunct council | ||||||
25 | comprised of no more than 6 youth aged 14 to 25 and 4 | ||||||
26 | representatives of 4 different community-based organizations |
| |||||||
| |||||||
1 | that focus on youth mental health. Of the community-based | ||||||
2 | organizations that focus on youth mental health, one of the | ||||||
3 | community-based organizations shall be led by an | ||||||
4 | LGBTQ-identified person, one of the community-based | ||||||
5 | organizations shall be led by a person of color, and one of the | ||||||
6 | community-based organizations shall be led by a woman. Of the | ||||||
7 | representatives appointed to the council from the | ||||||
8 | community-based organizations, at least one representative | ||||||
9 | shall be LGBTQ-identified, at least one representative shall | ||||||
10 | be a person of color, and at least one representative shall be | ||||||
11 | a woman. The council members shall be appointed by the Chair of | ||||||
12 | the Partnership and shall reflect the racial, gender identity, | ||||||
13 | sexual orientation, ability, socioeconomic, ethnic, and | ||||||
14 | geographic diversity of the State, including rural, suburban, | ||||||
15 | and urban appointees. The council shall make recommendations | ||||||
16 | to the Partnership regarding youth mental health, including, | ||||||
17 | but not limited to, identifying barriers to youth feeling | ||||||
18 | supported by and empowered by the system of mental health and | ||||||
19 | treatment providers, barriers perceived by youth in accessing | ||||||
20 | mental health services, gaps in the mental health system, | ||||||
21 | available resources in schools, including youth's perceptions | ||||||
22 | and experiences with outreach personnel, agency websites, and | ||||||
23 | informational materials, methods to destigmatize mental health | ||||||
24 | services, and how to improve State policy concerning student | ||||||
25 | mental health. The mental health system may include services | ||||||
26 | for substance use disorders and addiction. The council shall |
| |||||||
| |||||||
1 | meet at least 4 times annually. | ||||||
2 | (c) (Blank). | ||||||
3 | (d) The Illinois Children's Mental Health Partnership has | ||||||
4 | the following powers and duties: | ||||||
5 | (1) Conducting research assessments to determine the | ||||||
6 | needs and gaps of programs, services, and policies that | ||||||
7 | touch children's mental health. | ||||||
8 | (2) Developing policy statements for interagency | ||||||
9 | cooperation to cover all aspects of mental health | ||||||
10 | delivery, including social determinants of health, | ||||||
11 | prevention, early identification, and treatment. | ||||||
12 | (3) Recommending policies and providing information on | ||||||
13 | effective programs for delivery of mental health services. | ||||||
14 | (4) Using funding from federal, State, or | ||||||
15 | philanthropic partners, to fund pilot programs or research | ||||||
16 | activities to resource innovative practices by | ||||||
17 | organizational partners that will address children's | ||||||
18 | mental health. However, the Partnership may not provide | ||||||
19 | direct services. | ||||||
20 | (5) Submitting an annual report, on or before December | ||||||
21 | 30 of each year, to the Governor and the General Assembly | ||||||
22 | on the progress of the Plan, any recommendations regarding | ||||||
23 | State policies, laws, or rules necessary to fulfill the | ||||||
24 | purposes of the Act, and any additional recommendations | ||||||
25 | regarding mental or behavioral health that the Partnership | ||||||
26 | deems necessary. |
| |||||||
| |||||||
1 | (6) Employing an Executive Director and setting the | ||||||
2 | compensation of the Executive Director and other such | ||||||
3 | employees and technical assistance as it deems necessary | ||||||
4 | to carry out its duties under this Section. | ||||||
5 | The Partnership may designate a fiscal and administrative | ||||||
6 | agent that can accept funds to carry out its duties as outlined | ||||||
7 | in this Section. | ||||||
8 | The Department of Healthcare and Family Services shall | ||||||
9 | provide technical and administrative support for the | ||||||
10 | Partnership. | ||||||
11 | (e) The Partnership may accept monetary gifts or grants | ||||||
12 | from the federal government or any agency thereof, from any | ||||||
13 | charitable foundation or professional association, or from any | ||||||
14 | reputable source for implementation of any program necessary | ||||||
15 | or desirable to carry out the powers and duties as defined | ||||||
16 | under this Section. | ||||||
17 | (f) On or before January 1, 2027, the Partnership shall | ||||||
18 | submit recommendations to the Governor and General Assembly | ||||||
19 | that includes recommended updates to the Act to reflect the | ||||||
20 | current mental health landscape in this State. | ||||||
21 | (Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; | ||||||
22 | 102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff. | ||||||
23 | 6-30-23.) | ||||||
24 | Section 90-65. The Advisory Board for the Maternal and | ||||||
25 | Child Health Block Grant Programs Act is amended by changing |
| |||||||
| |||||||
1 | Section 15 as follows: | ||||||
2 | (410 ILCS 221/15) | ||||||
3 | Sec. 15. Advisory Board for the Maternal and Child Health | ||||||
4 | Block Grant Programs. | ||||||
5 | (a) The Advisory Board for the Maternal and Child Health | ||||||
6 | Block Grant Programs is created within the Department to | ||||||
7 | advise the Department on programs and activities related to | ||||||
8 | maternal and child health in the State of Illinois. | ||||||
9 | The Board shall consist of the Director's designee | ||||||
10 | responsible for maternal and child health programs, who shall | ||||||
11 | serve as the Chair of the Board; the Department's Title V | ||||||
12 | administrator, if the Director's designee is not serving in | ||||||
13 | the capacity of Title V Director at the Department; one | ||||||
14 | representative each from the Department of Early Childhood, | ||||||
15 | the Department of Children and Family Services, the Department | ||||||
16 | of Human Services, and the Department of Healthcare and Family | ||||||
17 | Services, appointed by the Director or Secretary of each | ||||||
18 | Department; the Director of the University of Illinois at | ||||||
19 | Chicago's Division of Specialized Care for Children; 4 members | ||||||
20 | of the General Assembly, one each appointed by the President | ||||||
21 | and Minority Leader of the Senate and the Speaker and Minority | ||||||
22 | Leader of the House of Representatives; and 20 additional | ||||||
23 | members appointed by the Director. | ||||||
24 | Of the members appointed by the Director: | ||||||
25 | (1) Two shall be physicians licensed to practice |
| |||||||
| |||||||
1 | medicine in all of its branches who currently serve | ||||||
2 | patients enrolled in maternal and child health programs | ||||||
3 | funded by the State of Illinois, one of whom shall be an | ||||||
4 | individual with a specialty in obstetrics and gynecology | ||||||
5 | and one of whom shall be an individual with a specialty in | ||||||
6 | pediatric medicine; | ||||||
7 | (2) Sixteen shall be persons with expertise in one or | ||||||
8 | more of the following areas, with no more than 3 persons | ||||||
9 | from each listed area of expertise and with preference | ||||||
10 | given to the areas of need identified by the most recent | ||||||
11 | State needs assessment: the health of women, infants, | ||||||
12 | young children, school-aged children, adolescents, and | ||||||
13 | children with special health care needs; public health; | ||||||
14 | epidemiology; behavioral health; nursing; social work; | ||||||
15 | substance abuse prevention; juvenile justice; oral health; | ||||||
16 | child development; chronic disease prevention; health | ||||||
17 | promotion; and education; 5 of the 16 members shall | ||||||
18 | represent organizations that provide maternal and child | ||||||
19 | health services with funds from the Department; and | ||||||
20 | (3) either 2 consumers who have received services | ||||||
21 | through a Department-funded maternal and child health | ||||||
22 | program, 2 representatives from advocacy groups that | ||||||
23 | advocate on behalf of such consumers, or one such consumer | ||||||
24 | and one such representative of an advocacy group. | ||||||
25 | Members appointed by the Director shall be selected to | ||||||
26 | represent the racial, ethnic, and geographic diversity of the |
| |||||||
| |||||||
1 | State's population and shall include representatives of local | ||||||
2 | health departments, other direct service providers, and | ||||||
3 | faculty of the University of Illinois at Chicago School of | ||||||
4 | Public Health Center of Excellence in Maternal and Child | ||||||
5 | Health. | ||||||
6 | Legislative members shall serve during their term of | ||||||
7 | office in the General Assembly. Members appointed by the | ||||||
8 | Director shall serve a term of 4 years or until their | ||||||
9 | successors are appointed. | ||||||
10 | Any member appointed to fill a vacancy occurring prior to | ||||||
11 | the expiration of the term for which his or her predecessor was | ||||||
12 | appointed shall be appointed for the remainder of such term. | ||||||
13 | Members of the Board shall serve without compensation but | ||||||
14 | shall be reimbursed for necessary expenses incurred in the | ||||||
15 | performance of their duties. | ||||||
16 | (b) The Board shall advise the Director on improving the | ||||||
17 | well-being of mothers, fathers, infants, children, families, | ||||||
18 | and adults, considering both physical and social determinants | ||||||
19 | of health, and using a life-span approach to health promotion | ||||||
20 | and disease prevention in the State of Illinois. In addition, | ||||||
21 | the Board shall review and make recommendations to the | ||||||
22 | Department and the Governor in regard to the system for | ||||||
23 | maternal and child health programs, collaboration, and | ||||||
24 | interrelation between and delivery of programs, both within | ||||||
25 | the Department and with related programs in other departments. | ||||||
26 | In performing its duties, the Board may hold hearings |
| |||||||
| |||||||
1 | throughout the State and advise and receive advice from any | ||||||
2 | local advisory bodies created to address maternal and child | ||||||
3 | health. | ||||||
4 | (c) The Board may offer recommendations and feedback | ||||||
5 | regarding the development of the State's annual Maternal and | ||||||
6 | Child Health Services Block Grant application and report as | ||||||
7 | well as the periodic needs assessment. | ||||||
8 | (Source: P.A. 99-901, eff. 8-26-16.) | ||||||
9 | ARTICLE 95. CHILD CARE ACT OF 1969 AMENDMENTS | ||||||
10 | (225 ILCS 10/2.11 rep.) | ||||||
11 | Section 95-5. The Child Care Act of 1969 is amended by | ||||||
12 | repealing Section 2.11. | ||||||
13 | Section 95-10. The Child Care Act of 1969 is amended by | ||||||
14 | changing Sections 2.09, 3, 4, 4.1, 4.3, 4.4, 4.5, 5, 5.1, 5.2, | ||||||
15 | 5.8, 5.9, 5.10, 5.11, 6, 7, 7.2, 7.10, 8, 8.1, 8.2, 8.5, 9, | ||||||
16 | 9.1, 9.1c, 9.2, 10, 11, 11.1, 11.2, 12, 15, 16, 17, and 18 and | ||||||
17 | by adding Sections 3.01, 4.01, 4.2a, 4.3a, 4.4a, 5.01, 5.1a, | ||||||
18 | 5.2a, 6.1, 7.01, 8a, 8.1a, 8.2a, 8.6, 9.01, 11.1a, 11.3, 12.1, | ||||||
19 | 15.1, 16.1, and 18.1 as follows: | ||||||
20 | (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09) | ||||||
21 | Sec. 2.09. "Day care center" means any child care facility | ||||||
22 | which regularly provides day care for less than 24 hours per |
| |||||||
| |||||||
1 | day for (1) more than 8 children in a family home, or (2) more | ||||||
2 | than 3 children in a facility other than a family home, | ||||||
3 | including senior citizen buildings. | ||||||
4 | The term does not include: | ||||||
5 | (a) programs operated by (i) public or private | ||||||
6 | elementary school systems or secondary level school units | ||||||
7 | or institutions of higher learning that serve children who | ||||||
8 | shall have attained the age of 3 years or (ii) private | ||||||
9 | entities on the grounds of public or private elementary or | ||||||
10 | secondary schools and that serve children who have | ||||||
11 | attained the age of 3 years, except that this exception | ||||||
12 | applies only to the facility and not to the private | ||||||
13 | entities' personnel operating the program; | ||||||
14 | (b) programs or that portion of the program which | ||||||
15 | serves children who shall have attained the age of 3 years | ||||||
16 | and which are recognized by the State Board of Education; | ||||||
17 | (c) educational program or programs serving children | ||||||
18 | who shall have attained the age of 3 years and which are | ||||||
19 | operated by a school which is registered with the State | ||||||
20 | Board of Education and which is recognized or accredited | ||||||
21 | by a recognized national or multistate educational | ||||||
22 | organization or association which regularly recognizes or | ||||||
23 | accredits schools; | ||||||
24 | (d) programs which exclusively serve or that portion | ||||||
25 | of the program which serves children with disabilities who | ||||||
26 | shall have attained the age of 3 years but are less than 21 |
| |||||||
| |||||||
1 | years of age and which are registered and approved as | ||||||
2 | meeting standards of the State Board of Education and | ||||||
3 | applicable fire marshal standards; | ||||||
4 | (e) facilities operated in connection with a shopping | ||||||
5 | center or service, religious services, or other similar | ||||||
6 | facility, where transient children are cared for | ||||||
7 | temporarily while parents or custodians of the children | ||||||
8 | are occupied on the premises and readily available; | ||||||
9 | (f) any type of day care center that is conducted on | ||||||
10 | federal government premises; | ||||||
11 | (g) special activities programs, including athletics, | ||||||
12 | recreation, crafts instruction, and similar activities | ||||||
13 | conducted on an organized and periodic basis by civic, | ||||||
14 | charitable and governmental organizations, including, but | ||||||
15 | not limited to, programs offered by park districts | ||||||
16 | organized under the Park District Code to children who | ||||||
17 | shall have attained the age of 3 years old if the program | ||||||
18 | meets no more than 3.5 continuous hours at a time or less | ||||||
19 | and no more than 25 hours during any week, and the park | ||||||
20 | district conducts background investigations on employees | ||||||
21 | of the program pursuant to Section 8-23 of the Park | ||||||
22 | District Code; | ||||||
23 | (h) part day child care facilities, as defined in | ||||||
24 | Section 2.10 of this Act; | ||||||
25 | (i) programs or that portion of the program which: | ||||||
26 | (1) serves children who shall have attained the |
| |||||||
| |||||||
1 | age of 3 years; | ||||||
2 | (2) is operated by churches or religious | ||||||
3 | institutions as described in Section 501(c)(3) of the | ||||||
4 | federal Internal Revenue Code; | ||||||
5 | (3) receives no governmental aid; | ||||||
6 | (4) is operated as a component of a religious, | ||||||
7 | nonprofit elementary school; | ||||||
8 | (5) operates primarily to provide religious | ||||||
9 | education; and | ||||||
10 | (6) meets appropriate State or local health and | ||||||
11 | fire safety standards; or | ||||||
12 | (j) programs or portions of programs that: | ||||||
13 | (1) serve only school-age children and youth | ||||||
14 | (defined as full-time kindergarten children, as | ||||||
15 | defined in 89 Ill. Adm. Code 407.45, or older); | ||||||
16 | (2) are organized to promote childhood learning, | ||||||
17 | child and youth development, educational or | ||||||
18 | recreational activities, or character-building; | ||||||
19 | (3) operate primarily during out-of-school time or | ||||||
20 | at times when school is not normally in session; | ||||||
21 | (4) comply with the standards of the Illinois | ||||||
22 | Department of Public Health (77 Ill. Adm. Code 750) or | ||||||
23 | the local health department, the Illinois State Fire | ||||||
24 | Marshal (41 Ill. Adm. Code 100), and the following | ||||||
25 | additional health and safety requirements: procedures | ||||||
26 | for employee and volunteer emergency preparedness and |
| |||||||
| |||||||
1 | practice drills; procedures to ensure that first aid | ||||||
2 | kits are maintained and ready to use; the placement of | ||||||
3 | a minimum level of liability insurance as determined | ||||||
4 | by the Department; procedures for the availability of | ||||||
5 | a working telephone that is onsite and accessible at | ||||||
6 | all times; procedures to ensure that emergency phone | ||||||
7 | numbers are posted onsite; and a restriction on | ||||||
8 | handgun or weapon possession onsite, except if | ||||||
9 | possessed by a peace officer; | ||||||
10 | (5) perform and maintain authorization and results | ||||||
11 | of criminal history checks through the Illinois State | ||||||
12 | Police and FBI and checks of the Illinois Sex Offender | ||||||
13 | Registry, the National Sex Offender Registry, and | ||||||
14 | Child Abuse and Neglect Tracking System for employees | ||||||
15 | and volunteers who work directly with children; | ||||||
16 | (6) make hiring decisions in accordance with the | ||||||
17 | prohibitions against barrier crimes as specified in | ||||||
18 | Section 4.2 of this Act or in Section 21B-80 of the | ||||||
19 | School Code; | ||||||
20 | (7) provide parents with written disclosure that | ||||||
21 | the operations of the program are not regulated by | ||||||
22 | licensing requirements; and | ||||||
23 | (8) obtain and maintain records showing the first | ||||||
24 | and last name and date of birth of the child, name, | ||||||
25 | address, and telephone number of each parent, | ||||||
26 | emergency contact information, and written |
| |||||||
| |||||||
1 | authorization for medical care. | ||||||
2 | Programs or portions of programs requesting Child Care | ||||||
3 | Assistance Program (CCAP) funding and otherwise meeting the | ||||||
4 | requirements under item (j) shall request exemption from the | ||||||
5 | Department and be determined exempt prior to receiving funding | ||||||
6 | and must annually meet the eligibility requirements and be | ||||||
7 | appropriate for payment under the CCAP. | ||||||
8 | Programs or portions of programs under item (j) that do | ||||||
9 | not receive State or federal funds must comply with staff | ||||||
10 | qualification and training standards established by rule by | ||||||
11 | the Department of Human Services. The Department of Human | ||||||
12 | Services shall set such standards after review of Afterschool | ||||||
13 | for Children and Teens Now (ACT Now) evidence-based quality | ||||||
14 | standards developed for school-age out-of-school time | ||||||
15 | programs, feedback from the school-age out-of-school time | ||||||
16 | program professionals, and review of out-of-school time | ||||||
17 | professional development frameworks and quality tools. | ||||||
18 | Out-of-school time programs for school-age youth that | ||||||
19 | receive State or federal funds must comply with only those | ||||||
20 | staff qualifications and training standards set for the | ||||||
21 | program by the State or federal entity issuing the funds. | ||||||
22 | For purposes of items (a), (b), (c), (d), and (i) of this | ||||||
23 | Section, "children who shall have attained the age of 3 years" | ||||||
24 | shall mean children who are 3 years of age, but less than 4 | ||||||
25 | years of age, at the time of enrollment in the program. | ||||||
26 | (Source: P.A. 103-153, eff. 6-30-23.) |
| |||||||
| |||||||
1 | (225 ILCS 10/3) (from Ch. 23, par. 2213) | ||||||
2 | Sec. 3. (a) No person, group of persons or corporation may | ||||||
3 | operate or conduct any facility for child care, as defined in | ||||||
4 | this Act, without a license or permit issued by the Department | ||||||
5 | or without being approved by the Department as meeting the | ||||||
6 | standards established for such licensing, with the exception | ||||||
7 | of facilities for whom standards are established by the | ||||||
8 | Department of Corrections under Section 3-15-2 of the Unified | ||||||
9 | Code of Corrections and with the exception of facilities | ||||||
10 | defined in Section 2.10 of this Act, and with the exception of | ||||||
11 | programs or facilities licensed by the Department of Human | ||||||
12 | Services under the Substance Use Disorder Act , and with the | ||||||
13 | exception of day care centers, day care homes, and group day | ||||||
14 | care homes . | ||||||
15 | (b) (Blank) No part day child care facility as described | ||||||
16 | in Section 2.10 may operate without written notification to | ||||||
17 | the Department or without complying with Section 7.1. | ||||||
18 | Notification shall include a notarized statement by the | ||||||
19 | facility that the facility complies with state or local health | ||||||
20 | standards and state fire safety standards, and shall be filed | ||||||
21 | with the department every 2 years . | ||||||
22 | (c) (Blank) The Director of the Department shall establish | ||||||
23 | policies and coordinate activities relating to child care | ||||||
24 | licensing, licensing of day care homes and day care centers . | ||||||
25 | (d) Any facility or agency which is exempt from licensing |
| |||||||
| |||||||
1 | may apply for licensing if licensing is required for some | ||||||
2 | government benefit. | ||||||
3 | (e) (Blank) A provider of day care described in items (a) | ||||||
4 | through (j) of Section 2.09 of this Act is exempt from | ||||||
5 | licensure. The Department shall provide written verification | ||||||
6 | of exemption and description of compliance with standards for | ||||||
7 | the health, safety, and development of the children who | ||||||
8 | receive the services upon submission by the provider of, in | ||||||
9 | addition to any other documentation required by the | ||||||
10 | Department, a notarized statement that the facility complies | ||||||
11 | with: (1) the standards of the Department of Public Health or | ||||||
12 | local health department, (2) the fire safety standards of the | ||||||
13 | State Fire Marshal, and (3) if operated in a public school | ||||||
14 | building, the health and safety standards of the State Board | ||||||
15 | of Education . | ||||||
16 | (Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19 .) | ||||||
17 | (225 ILCS 10/3.01 new) | ||||||
18 | Sec. 3.01. License or permit; Department of Early | ||||||
19 | Childhood. | ||||||
20 | (a) No person, group of persons or corporation may operate | ||||||
21 | or conduct any day care center, day care home, or group day | ||||||
22 | care home without a license or permit issued by the Department | ||||||
23 | of Early Childhood or without being approved by the Department | ||||||
24 | of Early Childhood meeting the standards established for such | ||||||
25 | licensing, with the exception of facilities for whom standards |
| |||||||
| |||||||
1 | are established by the Department of Corrections under Section | ||||||
2 | 3-15-2 of the Unified Code of Corrections and with the | ||||||
3 | exception of facilities defined in Section 2.10 of this Act, | ||||||
4 | and with the exception of programs or facilities licensed by | ||||||
5 | the Department of Human Services under the Substance Use | ||||||
6 | Disorder Act. | ||||||
7 | (b) No part day child care facility as described in | ||||||
8 | Section 2.10 may operate without written notification to the | ||||||
9 | Department of Early Childhood or without complying with | ||||||
10 | Section 7.1. Notification shall include a notarized statement | ||||||
11 | by the facility that the facility complies with state or local | ||||||
12 | health standards and state fire safety standards, and shall be | ||||||
13 | filed with the Department every 2 years. | ||||||
14 | (c) The Secretary of Early Childhood shall establish | ||||||
15 | policies and coordinate activities relating to licensing of | ||||||
16 | day care centers, group day care homes, and day care homes. | ||||||
17 | (d) Any facility or agency which is exempt from licensing | ||||||
18 | may apply for licensing if licensing is required for some | ||||||
19 | government benefit. | ||||||
20 | (e) A provider of day care described in items (a) through | ||||||
21 | (j) of Section 2.09 of this Act is exempt from licensure. The | ||||||
22 | Department of Early Childhood shall provide written | ||||||
23 | verification of exemption and description of compliance with | ||||||
24 | standards for the health, safety, and development of the | ||||||
25 | children who receive the services upon submission by the | ||||||
26 | provider of, in addition to any other documentation required |
| |||||||
| |||||||
1 | by the Department of Early Childhood, a notarized statement | ||||||
2 | that the facility complies with: (1) the standards of the | ||||||
3 | Department of Public Health or local health department, (2) | ||||||
4 | the fire safety standards of the State Fire Marshal, and (3) if | ||||||
5 | operated in a public school building, the health and safety | ||||||
6 | standards of the State Board of Education. | ||||||
7 | (225 ILCS 10/4) (from Ch. 23, par. 2214) | ||||||
8 | Sec. 4. License requirement; application; notice ; | ||||||
9 | Department of Children and Family Services . | ||||||
10 | (a) Any person, group of persons or corporation who or | ||||||
11 | which receives children or arranges for care or placement of | ||||||
12 | one or more children unrelated to the operator must apply for a | ||||||
13 | license to operate one of the types of facilities defined in | ||||||
14 | Sections 2.05 through 2.19 (other than a day care center or day | ||||||
15 | care home) and in Section 2.22 of this Act. Any relative, as | ||||||
16 | defined in Section 2.17 of this Act, who receives a child or | ||||||
17 | children for placement by the Department on a full-time basis | ||||||
18 | may apply for a license to operate a foster family home as | ||||||
19 | defined in Section 2.17 of this Act. | ||||||
20 | (a-5) Any agency, person, group of persons, association, | ||||||
21 | organization, corporation, institution, center, or group | ||||||
22 | providing adoption services must be licensed by the Department | ||||||
23 | as a child welfare agency as defined in Section 2.08 of this | ||||||
24 | Act. "Providing adoption services" as used in this Act, | ||||||
25 | includes facilitating or engaging in adoption services. |
| |||||||
| |||||||
1 | (b) Application for a license to operate a child care | ||||||
2 | facility (other than a day care center, day care home, or group | ||||||
3 | day care home) must be made to the Department in the manner and | ||||||
4 | on forms prescribed by it. An application to operate a foster | ||||||
5 | family home shall include, at a minimum: a completed written | ||||||
6 | form; written authorization by the applicant and all adult | ||||||
7 | members of the applicant's household to conduct a criminal | ||||||
8 | background investigation; medical evidence in the form of a | ||||||
9 | medical report, on forms prescribed by the Department, that | ||||||
10 | the applicant and all members of the household are free from | ||||||
11 | communicable diseases or physical and mental conditions that | ||||||
12 | affect their ability to provide care for the child or | ||||||
13 | children; the names and addresses of at least 3 persons not | ||||||
14 | related to the applicant who can attest to the applicant's | ||||||
15 | moral character; the name and address of at least one relative | ||||||
16 | who can attest to the applicant's capability to care for the | ||||||
17 | child or children; and fingerprints submitted by the applicant | ||||||
18 | and all adult members of the applicant's household. | ||||||
19 | (b-5) Prior to submitting an application for a foster | ||||||
20 | family home license, a quality of care concerns applicant as | ||||||
21 | defined in Section 2.22a of this Act must submit a preliminary | ||||||
22 | application to the Department in the manner and on forms | ||||||
23 | prescribed by it. The Department shall explain to the quality | ||||||
24 | of care concerns applicant the grounds for requiring a | ||||||
25 | preliminary application. The preliminary application shall | ||||||
26 | include a list of (i) all children placed in the home by the |
| |||||||
| |||||||
1 | Department who were removed by the Department for reasons | ||||||
2 | other than returning to a parent and the circumstances under | ||||||
3 | which they were removed and (ii) all children placed by the | ||||||
4 | Department who were subsequently adopted by or placed in the | ||||||
5 | private guardianship of the quality of care concerns applicant | ||||||
6 | who are currently under 18 and who no longer reside in the home | ||||||
7 | and the reasons why they no longer reside in the home. The | ||||||
8 | preliminary application shall also include, if the quality of | ||||||
9 | care concerns applicant chooses to submit, (1) a response to | ||||||
10 | the quality of care concerns, including any reason the | ||||||
11 | concerns are invalid, have been addressed or ameliorated, or | ||||||
12 | no longer apply and (2) affirmative documentation | ||||||
13 | demonstrating that the quality of care concerns applicant's | ||||||
14 | home does not pose a risk to children and that the family will | ||||||
15 | be able to meet the physical and emotional needs of children. | ||||||
16 | The Department shall verify the information in the preliminary | ||||||
17 | application and review (i) information regarding any prior | ||||||
18 | licensing complaints, (ii) information regarding any prior | ||||||
19 | child abuse or neglect investigations, (iii) information | ||||||
20 | regarding any involuntary foster home holds placed on the home | ||||||
21 | by the Department, and (iv) information regarding all child | ||||||
22 | exit interviews, as provided in Section 5.26 of the Children | ||||||
23 | and Family Services Act, regarding the home. Foster home | ||||||
24 | applicants with quality of care concerns are presumed | ||||||
25 | unsuitable for future licensure. | ||||||
26 | Notwithstanding the provisions of this subsection (b-5), |
| |||||||
| |||||||
1 | the Department may make an exception and issue a foster family | ||||||
2 | license to a quality of care concerns applicant if the | ||||||
3 | Department is satisfied that the foster family home does not | ||||||
4 | pose a risk to children and that the foster family will be able | ||||||
5 | to meet the physical and emotional needs of children. In | ||||||
6 | making this determination, the Department must obtain and | ||||||
7 | carefully review all relevant documents and shall obtain | ||||||
8 | consultation from its Clinical Division as appropriate and as | ||||||
9 | prescribed by Department rule and procedure. The Department | ||||||
10 | has the authority to deny a preliminary application based on | ||||||
11 | the record of quality of care concerns of the foster family | ||||||
12 | home. In the alternative, the Department may (i) approve the | ||||||
13 | preliminary application, (ii) approve the preliminary | ||||||
14 | application subject to obtaining additional information or | ||||||
15 | assessments, or (iii) approve the preliminary application for | ||||||
16 | purposes of placing a particular child or children only in the | ||||||
17 | foster family home. If the Department approves a preliminary | ||||||
18 | application, the foster family shall submit an application for | ||||||
19 | licensure as described in subsection (b) of this Section. The | ||||||
20 | Department shall notify the quality of care concerns applicant | ||||||
21 | of its decision and the basis for its decision in writing. | ||||||
22 | (c) The Department shall notify the public when a child | ||||||
23 | care institution, maternity center, or group home licensed by | ||||||
24 | the Department undergoes a change in (i) the range of care or | ||||||
25 | services offered at the facility, (ii) the age or type of | ||||||
26 | children served, or (iii) the area within the facility used by |
| |||||||
| |||||||
1 | children. The Department shall notify the public of the change | ||||||
2 | in a newspaper of general circulation in the county or | ||||||
3 | municipality in which the applicant's facility is or is | ||||||
4 | proposed to be located. | ||||||
5 | (d) If, upon examination of the facility and investigation | ||||||
6 | of persons responsible for care of children and, in the case of | ||||||
7 | a foster home, taking into account information obtained for | ||||||
8 | purposes of evaluating a preliminary application, if | ||||||
9 | applicable, the Department is satisfied that the facility and | ||||||
10 | responsible persons reasonably meet standards prescribed for | ||||||
11 | the type of facility for which application is made, it shall | ||||||
12 | issue a license in proper form, designating on that license | ||||||
13 | the type of child care facility and, except for a child welfare | ||||||
14 | agency, the number of children to be served at any one time. | ||||||
15 | (e) The Department shall not issue or renew the license of | ||||||
16 | any child welfare agency providing adoption services, unless | ||||||
17 | the agency (i) is officially recognized by the United States | ||||||
18 | Internal Revenue Service as a tax-exempt organization | ||||||
19 | described in Section 501(c)(3) of the Internal Revenue Code of | ||||||
20 | 1986 (or any successor provision of federal tax law) and (ii) | ||||||
21 | is in compliance with all of the standards necessary to | ||||||
22 | maintain its status as an organization described in Section | ||||||
23 | 501(c)(3) of the Internal Revenue Code of 1986 (or any | ||||||
24 | successor provision of federal tax law). The Department shall | ||||||
25 | grant a grace period of 24 months from the effective date of | ||||||
26 | this amendatory Act of the 94th General Assembly for existing |
| |||||||
| |||||||
1 | child welfare agencies providing adoption services to obtain | ||||||
2 | 501(c)(3) status. The Department shall permit an existing | ||||||
3 | child welfare agency that converts from its current structure | ||||||
4 | in order to be recognized as a 501(c)(3) organization as | ||||||
5 | required by this Section to either retain its current license | ||||||
6 | or transfer its current license to a newly formed entity, if | ||||||
7 | the creation of a new entity is required in order to comply | ||||||
8 | with this Section, provided that the child welfare agency | ||||||
9 | demonstrates that it continues to meet all other licensing | ||||||
10 | requirements and that the principal officers and directors and | ||||||
11 | programs of the converted child welfare agency or newly | ||||||
12 | organized child welfare agency are substantially the same as | ||||||
13 | the original. The Department shall have the sole discretion to | ||||||
14 | grant a one year extension to any agency unable to obtain | ||||||
15 | 501(c)(3) status within the timeframe specified in this | ||||||
16 | subsection (e), provided that such agency has filed an | ||||||
17 | application for 501(c)(3) status with the Internal Revenue | ||||||
18 | Service within the 2-year timeframe specified in this | ||||||
19 | subsection (e). | ||||||
20 | (Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23 .) | ||||||
21 | (225 ILCS 10/4.01 new) | ||||||
22 | Sec. 4.01. License requirement; application; notice; | ||||||
23 | Department of Early Childhood. | ||||||
24 | (a) Any person, group of persons or corporation who or | ||||||
25 | which receives children or arranges for care of one or more |
| |||||||
| |||||||
1 | children unrelated to the operator must apply for a license to | ||||||
2 | operate one of the types of facilities defined in Sections | ||||||
3 | 2.09, 2.18, and 2.20. | ||||||
4 | (b) Application for a license to operate a day care | ||||||
5 | center, day care home, or group day care home must be made to | ||||||
6 | the Department of Early Childhood in the manner and on forms | ||||||
7 | prescribed by it. | ||||||
8 | (c) If, upon examination of the facility and investigation | ||||||
9 | of persons responsible for care of children, the Department of | ||||||
10 | Early Childhood is satisfied that the facility and responsible | ||||||
11 | persons reasonably meet standards prescribed for the type of | ||||||
12 | facility for which application is made, it shall issue a | ||||||
13 | license in proper form, designating on that license the type | ||||||
14 | of child care facility and the number of children to be served | ||||||
15 | at any one time. | ||||||
16 | (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1) | ||||||
17 | Sec. 4.1. Criminal background investigations. The | ||||||
18 | Department of Children and Family Services or the Department | ||||||
19 | of Early Childhood shall require that each child care facility | ||||||
20 | license applicant under the agencies' respective authority as | ||||||
21 | part of the application process, and each employee and | ||||||
22 | volunteer of a child care facility or non-licensed service | ||||||
23 | provider, as a condition of employment, authorize an | ||||||
24 | investigation to determine if such applicant, employee, or | ||||||
25 | volunteer has ever been charged with a crime and if so, the |
| |||||||
| |||||||
1 | disposition of those charges; this authorization shall | ||||||
2 | indicate the scope of the inquiry and the agencies which may be | ||||||
3 | contacted. Upon this authorization, the Director shall request | ||||||
4 | and receive information and assistance from any federal, State | ||||||
5 | or local governmental agency as part of the authorized | ||||||
6 | investigation. Each applicant, employee, or volunteer of a | ||||||
7 | child care facility or non-licensed service provider shall | ||||||
8 | submit the applicant's, employee's, or volunteer's | ||||||
9 | fingerprints to the Illinois State Police in the form and | ||||||
10 | manner prescribed by the Illinois State Police. These | ||||||
11 | fingerprints shall be checked against the fingerprint records | ||||||
12 | now and hereafter filed in the Illinois State Police and | ||||||
13 | Federal Bureau of Investigation criminal history records | ||||||
14 | databases. The Illinois State Police shall charge a fee for | ||||||
15 | conducting the criminal history records check, which shall be | ||||||
16 | deposited in the State Police Services Fund and shall not | ||||||
17 | exceed the actual cost of the records check. The Illinois | ||||||
18 | State Police shall provide information concerning any criminal | ||||||
19 | charges, and their disposition, now or hereafter filed, | ||||||
20 | against an applicant, employee, or volunteer of a child care | ||||||
21 | facility or non-licensed service provider upon request of the | ||||||
22 | Department of Children and Family Services or the Department | ||||||
23 | of Early Childhood when the request is made in the form and | ||||||
24 | manner required by the Illinois State Police. | ||||||
25 | Information concerning convictions of a license applicant, | ||||||
26 | employee, or volunteer of a child care facility or |
| |||||||
| |||||||
1 | non-licensed service provider investigated under this Section, | ||||||
2 | including the source of the information and any conclusions or | ||||||
3 | recommendations derived from the information, shall be | ||||||
4 | provided, upon request, to such applicant, employee, or | ||||||
5 | volunteer of a child care facility or non-licensed service | ||||||
6 | provider prior to final action by the Department of Children | ||||||
7 | and Family Services or the Department of Early Childhood under | ||||||
8 | the agencies' respective authority on the application. State | ||||||
9 | conviction information provided by the Illinois State Police | ||||||
10 | regarding employees, prospective employees, or volunteers of | ||||||
11 | non-licensed service providers and child care facilities | ||||||
12 | licensed under this Act shall be provided to the operator of | ||||||
13 | such facility, and, upon request, to the employee, prospective | ||||||
14 | employee, or volunteer of a child care facility or | ||||||
15 | non-licensed service provider. Any information concerning | ||||||
16 | criminal charges and the disposition of such charges obtained | ||||||
17 | by the Department of Children and Family Services or the | ||||||
18 | Department of Early Childhood shall be confidential and may | ||||||
19 | not be transmitted outside the Department of Children and | ||||||
20 | Family Services or the Department of Early Childhood , except | ||||||
21 | as required herein, and may not be transmitted to anyone | ||||||
22 | within the Department of Children and Family Services or the | ||||||
23 | Department of Early Childhood except as needed for the purpose | ||||||
24 | of evaluating an application or an employee or volunteer of a | ||||||
25 | child care facility or non-licensed service provider. Only | ||||||
26 | information and standards which bear a reasonable and rational |
| |||||||
| |||||||
1 | relation to the performance of a child care facility shall be | ||||||
2 | used by the Department of Children and Family Services or the | ||||||
3 | Department of Early Childhood or any licensee. Any employee of | ||||||
4 | the Department of Children and Family Services, Department of | ||||||
5 | Early Childhood, Illinois State Police, or a child care | ||||||
6 | facility receiving confidential information under this Section | ||||||
7 | who gives or causes to be given any confidential information | ||||||
8 | concerning any criminal convictions of an applicant, employee, | ||||||
9 | or volunteer of a child care facility or non-licensed service | ||||||
10 | provider, shall be guilty of a Class A misdemeanor unless | ||||||
11 | release of such information is authorized by this Section. | ||||||
12 | A child care facility may hire, on a probationary basis, | ||||||
13 | any employee or volunteer of a child care facility or | ||||||
14 | non-licensed service provider authorizing a criminal | ||||||
15 | background investigation under this Section, pending the | ||||||
16 | result of such investigation. Employees and volunteers of a | ||||||
17 | child care facility or non-licensed service provider shall be | ||||||
18 | notified prior to hiring that such employment may be | ||||||
19 | terminated on the basis of criminal background information | ||||||
20 | obtained by the facility. | ||||||
21 | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.) | ||||||
22 | (225 ILCS 10/4.2a new) | ||||||
23 | Sec. 4.2a. License eligibility; Department of Early | ||||||
24 | Childhood. | ||||||
25 | (a) No applicant may receive a license from the Department |
| |||||||
| |||||||
1 | of Early Childhood and no person may be employed by a licensed | ||||||
2 | child care facility who refuses to authorize an investigation | ||||||
3 | as required by Section 4.1. | ||||||
4 | (b) In addition to the other provisions of this Section, | ||||||
5 | no applicant may receive a license from the Department of | ||||||
6 | Early Childhood and no person may be employed by a child care | ||||||
7 | facility licensed by the Department of Early Childhood who has | ||||||
8 | been declared a sexually dangerous person under the Sexually | ||||||
9 | Dangerous Persons Act, or convicted of committing or | ||||||
10 | attempting to commit any of the following offenses stipulated | ||||||
11 | under the Criminal Code of 1961 or the Criminal Code of 2012: | ||||||
12 | (1) murder; | ||||||
13 | (1.1) solicitation of murder; | ||||||
14 | (1.2) solicitation of murder for hire; | ||||||
15 | (1.3) intentional homicide of an unborn child; | ||||||
16 | (1.4) voluntary manslaughter of an unborn child; | ||||||
17 | (1.5) involuntary manslaughter; | ||||||
18 | (1.6) reckless homicide; | ||||||
19 | (1.7) concealment of a homicidal death; | ||||||
20 | (1.8) involuntary manslaughter of an unborn child; | ||||||
21 | (1.9) reckless homicide of an unborn child; | ||||||
22 | (1.10) drug-induced homicide; | ||||||
23 | (2) a sex offense under Article 11, except offenses | ||||||
24 | described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
25 | 11-40, and 11-45; | ||||||
26 | (3) kidnapping; |
| |||||||
| |||||||
1 | (3.1) aggravated unlawful restraint; | ||||||
2 | (3.2) forcible detention; | ||||||
3 | (3.3) harboring a runaway; | ||||||
4 | (3.4) aiding and abetting child abduction; | ||||||
5 | (4) aggravated kidnapping; | ||||||
6 | (5) child abduction; | ||||||
7 | (6) aggravated battery of a child as described in | ||||||
8 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; | ||||||
9 | (7) criminal sexual assault; | ||||||
10 | (8) aggravated criminal sexual assault; | ||||||
11 | (8.1) predatory criminal sexual assault of a child; | ||||||
12 | (9) criminal sexual abuse; | ||||||
13 | (10) aggravated sexual abuse; | ||||||
14 | (11) heinous battery as described in Section 12-4.1 or | ||||||
15 | subdivision (a)(2) of Section 12-3.05; | ||||||
16 | (12) aggravated battery with a firearm as described in | ||||||
17 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
18 | (e)(4) of Section 12-3.05; | ||||||
19 | (13) tampering with food, drugs, or cosmetics; | ||||||
20 | (14) drug induced infliction of great bodily harm as | ||||||
21 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
22 | Section 12-3.05; | ||||||
23 | (15) hate crime; | ||||||
24 | (16) stalking; | ||||||
25 | (17) aggravated stalking; | ||||||
26 | (18) threatening public officials; |
| |||||||
| |||||||
1 | (19) home invasion; | ||||||
2 | (20) vehicular invasion; | ||||||
3 | (21) criminal transmission of HIV; | ||||||
4 | (22) criminal abuse or neglect of an elderly person or | ||||||
5 | person with a disability as described in Section 12-21 or | ||||||
6 | subsection (e) of Section 12-4.4a; | ||||||
7 | (23) child abandonment; | ||||||
8 | (24) endangering the life or health of a child; | ||||||
9 | (25) ritual mutilation; | ||||||
10 | (26) ritualized abuse of a child; | ||||||
11 | (27) an offense in any other jurisdiction the elements | ||||||
12 | of which are similar and bear a substantial relationship | ||||||
13 | to any of the foregoing offenses. | ||||||
14 | (b-1) In addition to the other provisions of this Section, | ||||||
15 | beginning January 1, 2004, no new applicant and, on the date of | ||||||
16 | licensure renewal, no current licensee may operate or receive | ||||||
17 | a license from the Department of Early Childhood to operate, | ||||||
18 | no person may be employed by, and no adult person may reside in | ||||||
19 | a child care facility licensed by the Department of Early | ||||||
20 | Childhood who has been convicted of committing or attempting | ||||||
21 | to commit any of the following offenses or an offense in any | ||||||
22 | other jurisdiction the elements of which are similar and bear | ||||||
23 | a substantial relationship to any of the following offenses: | ||||||
24 | (I) BODILY HARM | ||||||
25 | (1) Felony aggravated assault. |
| |||||||
| |||||||
1 | (2) Vehicular endangerment. | ||||||
2 | (3) Felony domestic battery. | ||||||
3 | (4) Aggravated battery. | ||||||
4 | (5) Heinous battery. | ||||||
5 | (6) Aggravated battery with a firearm. | ||||||
6 | (7) Aggravated battery of an unborn child. | ||||||
7 | (8) Aggravated battery of a senior citizen. | ||||||
8 | (9) Intimidation. | ||||||
9 | (10) Compelling organization membership of persons. | ||||||
10 | (11) Abuse and criminal neglect of a long term care | ||||||
11 | facility resident. | ||||||
12 | (12) Felony violation of an order of protection. | ||||||
13 | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY | ||||||
14 | (1) Felony unlawful use of weapons. | ||||||
15 | (2) Aggravated discharge of a firearm. | ||||||
16 | (3) Reckless discharge of a firearm. | ||||||
17 | (4) Unlawful use of metal piercing bullets. | ||||||
18 | (5) Unlawful sale or delivery of firearms on the | ||||||
19 | premises of any school. | ||||||
20 | (6) Disarming a police officer. | ||||||
21 | (7) Obstructing justice. | ||||||
22 | (8) Concealing or aiding a fugitive. | ||||||
23 | (9) Armed violence. | ||||||
24 | (10) Felony contributing to the criminal delinquency | ||||||
25 | of a juvenile. |
| |||||||
| |||||||
1 | (III) DRUG OFFENSES | ||||||
2 | (1) Possession of more than 30 grams of cannabis. | ||||||
3 | (2) Manufacture of more than 10 grams of cannabis. | ||||||
4 | (3) Cannabis trafficking. | ||||||
5 | (4) Delivery of cannabis on school grounds. | ||||||
6 | (5) Unauthorized production of more than 5 cannabis | ||||||
7 | sativa plants. | ||||||
8 | (6) Calculated criminal cannabis conspiracy. | ||||||
9 | (7) Unauthorized manufacture or delivery of controlled | ||||||
10 | substances. | ||||||
11 | (8) Controlled substance trafficking. | ||||||
12 | (9) Manufacture, distribution, or advertisement of | ||||||
13 | look-alike substances. | ||||||
14 | (10) Calculated criminal drug conspiracy. | ||||||
15 | (11) Street gang criminal drug conspiracy. | ||||||
16 | (12) Permitting unlawful use of a building. | ||||||
17 | (13) Delivery of controlled, counterfeit, or | ||||||
18 | look-alike substances to persons under age 18, or at truck | ||||||
19 | stops, rest stops, or safety rest areas, or on school | ||||||
20 | property. | ||||||
21 | (14) Using, engaging, or employing persons under 18 to | ||||||
22 | deliver controlled, counterfeit, or look-alike substances. | ||||||
23 | (15) Delivery of controlled substances. | ||||||
24 | (16) Sale or delivery of drug paraphernalia. | ||||||
25 | (17) Felony possession, sale, or exchange of |
| |||||||
| |||||||
1 | instruments adapted for use of a controlled substance, | ||||||
2 | methamphetamine, or cannabis by subcutaneous injection. | ||||||
3 | (18) Felony possession of a controlled substance. | ||||||
4 | (19) Any violation of the Methamphetamine Control and | ||||||
5 | Community Protection Act. | ||||||
6 | (b-1.5) In addition to any other provision of this | ||||||
7 | Section, for applicants with access to confidential financial | ||||||
8 | information or who submit documentation to support billing, | ||||||
9 | the Department of Early Childhood may, in its discretion, deny | ||||||
10 | or refuse to renew a license to an applicant who has been | ||||||
11 | convicted of committing or attempting to commit any of the | ||||||
12 | following felony offenses: | ||||||
13 | (1) financial institution fraud under Section 17-10.6 | ||||||
14 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
15 | (2) identity theft under Section 16-30 of the Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012; | ||||||
17 | (3) financial exploitation of an elderly person or a | ||||||
18 | person with a disability under Section 17-56 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
20 | (4) computer tampering under Section 17-51 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
22 | (5) aggravated computer tampering under Section 17-52 | ||||||
23 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
24 | (6) computer fraud under Section 17-50 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012; | ||||||
26 | (7) deceptive practices under Section 17-1 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
2 | (8) forgery under Section 17-3 of the Criminal Code of | ||||||
3 | 1961 or the Criminal Code of 2012; | ||||||
4 | (9) State benefits fraud under Section 17-6 of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
6 | (10) mail fraud and wire fraud under Section 17-24 of | ||||||
7 | the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
8 | (11) theft under paragraphs (1.1) through (11) of | ||||||
9 | subsection (b) of Section 16-1 of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012. | ||||||
11 | (b-2) Notwithstanding subsection (b-1), the Department of | ||||||
12 | Early Childhood may make an exception and, for a day care | ||||||
13 | center, day care home, or group day care home, issue a new | ||||||
14 | child care facility license to or renew the existing child | ||||||
15 | care facility license of an applicant, a person employed by a | ||||||
16 | child care facility, or an applicant who has an adult residing | ||||||
17 | in a home child care facility who was convicted of an offense | ||||||
18 | described in subsection (b-1), provided that all of the | ||||||
19 | following requirements are met: | ||||||
20 | (1) The relevant criminal offense occurred more than 5 | ||||||
21 | years prior to the date of application or renewal, except | ||||||
22 | for drug offenses. The relevant drug offense must have | ||||||
23 | occurred more than 10 years prior to the date of | ||||||
24 | application or renewal, unless the applicant passed a drug | ||||||
25 | test, arranged and paid for by the child care facility, no | ||||||
26 | less than 5 years after the offense. |
| |||||||
| |||||||
1 | (2) The Department of Early Childhood must conduct a | ||||||
2 | background check and assess all convictions and | ||||||
3 | recommendations of the child care facility to determine if | ||||||
4 | hiring or licensing the applicant is in accordance with | ||||||
5 | Department of Early Childhood administrative rules and | ||||||
6 | procedures. | ||||||
7 | (3) The applicant meets all other requirements and | ||||||
8 | qualifications to be licensed as the pertinent type of | ||||||
9 | child care facility under this Act and the Department of | ||||||
10 | Early Childhood administrative rules. | ||||||
11 | (c) In evaluating the exception pursuant to subsection | ||||||
12 | (b-2), the Department of Early Childhood must carefully review | ||||||
13 | any relevant documents to determine whether the applicant, | ||||||
14 | despite the disqualifying convictions, poses a substantial | ||||||
15 | risk to State resources or clients. In making such a | ||||||
16 | determination, the following guidelines shall be used: | ||||||
17 | (1) the age of the applicant when the offense was | ||||||
18 | committed; | ||||||
19 | (2) the circumstances surrounding the offense; | ||||||
20 | (3) the length of time since the conviction; | ||||||
21 | (4) the specific duties and responsibilities | ||||||
22 | necessarily related to the license being applied for and | ||||||
23 | the bearing, if any, that the applicant's conviction | ||||||
24 | history may have on the applicant's fitness to perform | ||||||
25 | these duties and responsibilities; | ||||||
26 | (5) the applicant's employment references; |
| |||||||
| |||||||
1 | (6) the applicant's character references and any | ||||||
2 | certificates of achievement; | ||||||
3 | (7) an academic transcript showing educational | ||||||
4 | attainment since the disqualifying conviction; | ||||||
5 | (8) a Certificate of Relief from Disabilities or | ||||||
6 | Certificate of Good Conduct; and | ||||||
7 | (9) anything else that speaks to the applicant's | ||||||
8 | character. | ||||||
9 | (225 ILCS 10/4.3) (from Ch. 23, par. 2214.3) | ||||||
10 | Sec. 4.3. Child Abuse and Neglect Reports. All child care | ||||||
11 | facility license applicants (other than a day care center, day | ||||||
12 | care home, or group day care home) and all current and | ||||||
13 | prospective employees of a child care facility (other than a | ||||||
14 | day care center, day care home, or group day care home) who | ||||||
15 | have any possible contact with children in the course of their | ||||||
16 | duties, as a condition of such licensure or employment, shall | ||||||
17 | authorize in writing on a form prescribed by the Department an | ||||||
18 | investigation of the Central Register, as defined in the | ||||||
19 | Abused and Neglected Child Reporting Act, to ascertain if such | ||||||
20 | applicant or employee has been determined to be a perpetrator | ||||||
21 | in an indicated report of child abuse or neglect. | ||||||
22 | All child care facilities (other than a day care center, | ||||||
23 | day care home, or group day care home) as a condition of | ||||||
24 | licensure pursuant to this Act shall maintain such information | ||||||
25 | which demonstrates that all current employees and other |
| |||||||
| |||||||
1 | applicants for employment who have any possible contact with | ||||||
2 | children in the course of their duties have authorized an | ||||||
3 | investigation of the Central Register as hereinabove required. | ||||||
4 | Only those current or prospective employees who will have no | ||||||
5 | possible contact with children as part of their present or | ||||||
6 | prospective employment may be excluded from provisions | ||||||
7 | requiring authorization of an investigation. | ||||||
8 | Such information concerning a license applicant, employee | ||||||
9 | or prospective employee obtained by the Department shall be | ||||||
10 | confidential and exempt from public inspection and copying as | ||||||
11 | provided under Section 7 of The Freedom of Information Act, | ||||||
12 | and such information shall not be transmitted outside the | ||||||
13 | Department, except as provided in the Abused and Neglected | ||||||
14 | Child Reporting Act, and shall not be transmitted to anyone | ||||||
15 | within the Department except as provided in the Abused and | ||||||
16 | Neglected Child Reporting Act, and shall not be transmitted to | ||||||
17 | anyone within the Department except as needed for the purposes | ||||||
18 | of evaluation of an application for licensure or for | ||||||
19 | consideration by a child care facility of an employee. Any | ||||||
20 | employee of the Department of Children and Family Services | ||||||
21 | under this Section who gives or causes to be given any | ||||||
22 | confidential information concerning any child abuse or neglect | ||||||
23 | reports about a child care facility applicant, child care | ||||||
24 | facility employee, shall be guilty of a Class A misdemeanor, | ||||||
25 | unless release of such information is authorized by Section | ||||||
26 | 11.1 of the Abused and Neglected Child Reporting Act. |
| |||||||
| |||||||
1 | Additionally, any licensee who is informed by the | ||||||
2 | Department of Children and Family Services, pursuant to | ||||||
3 | Section 7.4 of the Abused and Neglected Child Reporting Act, | ||||||
4 | approved June 26, 1975, as amended, that a formal | ||||||
5 | investigation has commenced relating to an employee of the | ||||||
6 | child care facility or any other person in frequent contact | ||||||
7 | with children at the facility, shall take reasonable action | ||||||
8 | necessary to insure that the employee or other person is | ||||||
9 | restricted during the pendency of the investigation from | ||||||
10 | contact with children whose care has been entrusted to the | ||||||
11 | facility. | ||||||
12 | When a foster family home is the subject of an indicated | ||||||
13 | report under the Abused and Neglected Child Reporting Act, the | ||||||
14 | Department of Children and Family Services must immediately | ||||||
15 | conduct a re-examination of the foster family home to evaluate | ||||||
16 | whether it continues to meet the minimum standards for | ||||||
17 | licensure. The re-examination is separate and apart from the | ||||||
18 | formal investigation of the report. The Department must | ||||||
19 | establish a schedule for re-examination of the foster family | ||||||
20 | home mentioned in the report at least once a year. | ||||||
21 | (Source: P.A. 91-557, eff. 1-1-00.) | ||||||
22 | (225 ILCS 10/4.3a new) | ||||||
23 | Sec. 4.3a. Child Abuse and Neglect Reports; Department of | ||||||
24 | Early Childhood. All child care facility license applicants | ||||||
25 | and all current and prospective employees of a day care |
| |||||||
| |||||||
1 | center, day care home, or group day care home who have any | ||||||
2 | possible contact with children in the course of their duties, | ||||||
3 | as a condition of such licensure or employment, shall | ||||||
4 | authorize in writing on a form prescribed by the Department of | ||||||
5 | Early Childhood an investigation of the Central Register, as | ||||||
6 | defined in the Abused and Neglected Child Reporting Act, to | ||||||
7 | ascertain if such applicant or employee has been determined to | ||||||
8 | be a perpetrator in an indicated report of child abuse or | ||||||
9 | neglect. All child care facilities as a condition of licensure | ||||||
10 | pursuant to this Act shall maintain such information which | ||||||
11 | demonstrates that all current employees and other applicants | ||||||
12 | for employment who have any possible contact with children in | ||||||
13 | the course of their duties have authorized an investigation of | ||||||
14 | the Central Register as hereinabove required. Only those | ||||||
15 | current or prospective employees who will have no possible | ||||||
16 | contact with children as part of their present or prospective | ||||||
17 | employment may be excluded from provisions requiring | ||||||
18 | authorization of an investigation. Such information concerning | ||||||
19 | a license applicant, employee or prospective employee obtained | ||||||
20 | by the Department of Early Childhood shall be confidential and | ||||||
21 | exempt from public inspection and copying as provided under | ||||||
22 | Section 7 of The Freedom of Information Act, and such | ||||||
23 | information shall not be transmitted outside the Department of | ||||||
24 | Early Childhood, except as provided in the Abused and | ||||||
25 | Neglected Child Reporting Act, and shall not be transmitted to | ||||||
26 | anyone within the Department of Early Childhood except as |
| |||||||
| |||||||
1 | provided in the Abused and Neglected Child Reporting Act, and | ||||||
2 | shall not be transmitted to anyone within the Department of | ||||||
3 | Early Childhood except as needed for the purposes of | ||||||
4 | evaluation of an application for licensure or for | ||||||
5 | consideration by a child care facility of an employee. Any | ||||||
6 | employee of the Department of Early Childhood under this | ||||||
7 | Section who gives or causes to be given any confidential | ||||||
8 | information concerning any child abuse or neglect reports | ||||||
9 | about a child care facility applicant or child care facility | ||||||
10 | employee shall be guilty of a Class A misdemeanor, unless | ||||||
11 | release of such information is authorized by Section 11.1 of | ||||||
12 | the Abused and Neglected Child Reporting Act. Additionally, | ||||||
13 | any licensee who is informed by the Department of Children and | ||||||
14 | Family Services, pursuant to Section 7.4 of the Abused and | ||||||
15 | Neglected Child Reporting Act that a formal investigation has | ||||||
16 | commenced relating to an employee of the child care facility | ||||||
17 | or any other person in frequent contact with children at the | ||||||
18 | facility shall take reasonable action necessary to ensure that | ||||||
19 | the employee or other person is restricted during the pendency | ||||||
20 | of the investigation from contact with children whose care has | ||||||
21 | been entrusted to the facility. | ||||||
22 | (225 ILCS 10/4.4) (from Ch. 23, par. 2214.4) | ||||||
23 | Sec. 4.4. This Section does not apply to any day care | ||||||
24 | center, day care home, or group day care home. For the purposes | ||||||
25 | of background investigations authorized in this Act, "license |
| |||||||
| |||||||
1 | applicant" means the operator or person with direct | ||||||
2 | responsibility for daily operation of the facility to be | ||||||
3 | licensed. In the case of facilities to be operated in a family | ||||||
4 | home, the Department may, by rule, require that other adult | ||||||
5 | residents of that home also authorize such investigations with | ||||||
6 | the exception of day care homes and group day care homes . | ||||||
7 | (Source: P.A. 84-158.) | ||||||
8 | (225 ILCS 10/4.4a new) | ||||||
9 | Sec. 4.4a. Background investigations; Department of Early | ||||||
10 | Childhood. For the purposes of background investigations | ||||||
11 | authorized in this Act, "license applicant" means the operator | ||||||
12 | or person with direct responsibility for daily operation of | ||||||
13 | the day care center, day care home, or group day care home to | ||||||
14 | be licensed. In the case of facilities to be operated in a | ||||||
15 | family home, as related to day care homes and group day care | ||||||
16 | homes, the Department of Early Childhood may, by rule, require | ||||||
17 | that other adult residents of that home also authorize such | ||||||
18 | investigations. | ||||||
19 | (225 ILCS 10/4.5) | ||||||
20 | Sec. 4.5. Children with disabilities; training. | ||||||
21 | (a) An owner or operator of a licensed day care home or | ||||||
22 | group day care home or the onsite executive director of a | ||||||
23 | licensed day care center must successfully complete a basic | ||||||
24 | training course in providing care to children with |
| |||||||
| |||||||
1 | disabilities. The basic training course will also be made | ||||||
2 | available on a voluntary basis to those providers who are | ||||||
3 | exempt from the licensure requirements of this Act. | ||||||
4 | (b) The Department of Early Childhood Children and Family | ||||||
5 | Services shall promulgate rules establishing the requirements | ||||||
6 | for basic training in providing care to children with | ||||||
7 | disabilities. | ||||||
8 | (Source: P.A. 92-164, eff. 1-1-02.) | ||||||
9 | (225 ILCS 10/5) (from Ch. 23, par. 2215) | ||||||
10 | Sec. 5. (a) This Section does not apply to any day care | ||||||
11 | center, day care home, or group day care home. | ||||||
12 | In respect to child care institutions, maternity centers, | ||||||
13 | child welfare agencies, day care centers, day care agencies | ||||||
14 | and group homes, the Department, upon receiving application | ||||||
15 | filed in proper order, shall examine the facilities and | ||||||
16 | persons responsible for care of children therein. | ||||||
17 | (b) In respect to foster family and day care homes, | ||||||
18 | applications may be filed on behalf of such homes by a licensed | ||||||
19 | child welfare agency, by a State agency authorized to place | ||||||
20 | children in foster care or by out-of-State agencies approved | ||||||
21 | by the Department to place children in this State. In respect | ||||||
22 | to day care homes, applications may be filed on behalf of such | ||||||
23 | homes by a licensed day care agency or licensed child welfare | ||||||
24 | agency. In applying for license in behalf of a home in which | ||||||
25 | children are placed by and remain under supervision of the |
| |||||||
| |||||||
1 | applicant agency, such agency shall certify that the home and | ||||||
2 | persons responsible for care of unrelated children therein, or | ||||||
3 | the home and relatives, as defined in Section 2.17 of this Act, | ||||||
4 | responsible for the care of related children therein, were | ||||||
5 | found to be in reasonable compliance with standards prescribed | ||||||
6 | by the Department for the type of care indicated. | ||||||
7 | (c) The Department shall not allow any person to examine | ||||||
8 | facilities under a provision of this Act who has not passed an | ||||||
9 | examination demonstrating that such person is familiar with | ||||||
10 | this Act and with the appropriate standards and regulations of | ||||||
11 | the Department. | ||||||
12 | (d) Licenses With the exception of day care centers, day | ||||||
13 | care homes, and group day care homes, licenses shall be issued | ||||||
14 | in such form and manner as prescribed by the Department and are | ||||||
15 | valid for 4 years from the date issued, unless revoked by the | ||||||
16 | Department or voluntarily surrendered by the licensee. | ||||||
17 | Licenses issued for day care centers, day care homes, and | ||||||
18 | group day care homes shall be valid for 3 years from the date | ||||||
19 | issued, unless revoked by the Department or voluntarily | ||||||
20 | surrendered by the licensee. When a licensee has made timely | ||||||
21 | and sufficient application for the renewal of a license or a | ||||||
22 | new license with reference to any activity of a continuing | ||||||
23 | nature, the existing license shall continue in full force and | ||||||
24 | effect for up to 30 days until the final agency decision on the | ||||||
25 | application has been made. The Department may further extend | ||||||
26 | the period in which such decision must be made in individual |
| |||||||
| |||||||
1 | cases for up to 30 days, but such extensions shall be only upon | ||||||
2 | good cause shown. | ||||||
3 | (e) The Department may issue one 6-month permit to a newly | ||||||
4 | established facility for child care to allow that facility | ||||||
5 | reasonable time to become eligible for a full license. If the | ||||||
6 | facility for child care is a foster family home, or day care | ||||||
7 | home the Department may issue one 2-month permit only. | ||||||
8 | (f) The Department may issue an emergency permit to a | ||||||
9 | child care facility taking in children as a result of the | ||||||
10 | temporary closure for more than 2 weeks of a licensed child | ||||||
11 | care facility due to a natural disaster. An emergency permit | ||||||
12 | under this subsection shall be issued to a facility only if the | ||||||
13 | persons providing child care services at the facility were | ||||||
14 | employees of the temporarily closed facility day care center | ||||||
15 | at the time it was closed. No investigation of an employee of a | ||||||
16 | child care facility receiving an emergency permit under this | ||||||
17 | subsection shall be required if that employee has previously | ||||||
18 | been investigated at another child care facility. No emergency | ||||||
19 | permit issued under this subsection shall be valid for more | ||||||
20 | than 90 days after the date of issuance. | ||||||
21 | (g) During the hours of operation of any licensed child | ||||||
22 | care facility, authorized representatives of the Department | ||||||
23 | may without notice visit the facility for the purpose of | ||||||
24 | determining its continuing compliance with this Act or | ||||||
25 | regulations adopted pursuant thereto. | ||||||
26 | (h) (Blank) Day care centers, day care homes, and group |
| |||||||
| |||||||
1 | day care homes shall be monitored at least annually by a | ||||||
2 | licensing representative from the Department or the agency | ||||||
3 | that recommended licensure . | ||||||
4 | (Source: P.A. 98-804, eff. 1-1-15 .) | ||||||
5 | (225 ILCS 10/5.01 new) | ||||||
6 | Sec. 5.01. Licenses; permits; Department of Early | ||||||
7 | Childhood. In respect to day care centers, the Department of | ||||||
8 | Early Childhood, upon receiving application filed in proper | ||||||
9 | order, shall examine the facilities and persons responsible | ||||||
10 | for care of children therein. | ||||||
11 | (b) In respect to day care homes, applications may be | ||||||
12 | filed on behalf of such homes by the Department of Early | ||||||
13 | Childhood. | ||||||
14 | (c) The Department of Early Childhood shall not allow any | ||||||
15 | person to examine facilities under a provision of this Act who | ||||||
16 | has not passed an examination demonstrating that such person | ||||||
17 | is familiar with this Act and with the appropriate standards | ||||||
18 | and regulations of the Department of Early Childhood. | ||||||
19 | (d) Licenses issued for day care centers, day care homes, | ||||||
20 | and group day care homes shall be valid for 3 years from the | ||||||
21 | date issued, unless revoked by the Department of Early | ||||||
22 | Childhood or voluntarily surrendered by the licensee. When a | ||||||
23 | licensee has made timely and sufficient application for the | ||||||
24 | renewal of a license or a new license with reference to any | ||||||
25 | activity of a continuing nature, the existing license shall |
| |||||||
| |||||||
1 | continue in full force and effect for up to 30 days until the | ||||||
2 | final agency decision on the application has been made. The | ||||||
3 | Department of Early Childhood may further extend the period in | ||||||
4 | which such decision must be made in individual cases for up to | ||||||
5 | 30 days, but such extensions shall be only upon good cause | ||||||
6 | shown. | ||||||
7 | (e) The Department of Early Childhood may issue one | ||||||
8 | 6-month permit to a newly established facility for child care | ||||||
9 | to allow that facility reasonable time to become eligible for | ||||||
10 | a full license. If the facility for child care is a day care | ||||||
11 | home the Department of Early Childhood may issue one 2-month | ||||||
12 | permit only. | ||||||
13 | (f) The Department of Early Childhood may issue an | ||||||
14 | emergency permit to a day care center taking in children as a | ||||||
15 | result of the temporary closure for more than 2 weeks of a | ||||||
16 | licensed child care facility due to a natural disaster. An | ||||||
17 | emergency permit under this subsection shall be issued to a | ||||||
18 | facility only if the persons providing child care services at | ||||||
19 | the facility were employees of the temporarily closed day care | ||||||
20 | center at the time it was closed. No investigation of an | ||||||
21 | employee of a child care facility receiving an emergency | ||||||
22 | permit under this subsection shall be required if that | ||||||
23 | employee has previously been investigated at another child | ||||||
24 | care facility. No emergency permit issued under this | ||||||
25 | subsection shall be valid for more than 90 days after the date | ||||||
26 | of issuance. |
| |||||||
| |||||||
1 | (g) During the hours of operation of any licensed day care | ||||||
2 | center, day care home, or group day care home, authorized | ||||||
3 | representatives of the Department of Early Childhood may | ||||||
4 | without notice visit the facility for the purpose of | ||||||
5 | determining its continuing compliance with this Act or rules | ||||||
6 | adopted pursuant thereto. | ||||||
7 | (h) Day care centers, day care homes, and group day care | ||||||
8 | homes shall be monitored at least annually by a licensing | ||||||
9 | representative from the Department of Early Childhood that | ||||||
10 | recommended licensure. | ||||||
11 | (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1) | ||||||
12 | Sec. 5.1. (a) The Department shall ensure that no day care | ||||||
13 | center, group home or child care institution as defined in | ||||||
14 | this Act shall on a regular basis transport a child or children | ||||||
15 | with any motor vehicle unless such vehicle is operated by a | ||||||
16 | person who complies with the following requirements: | ||||||
17 | 1. is 21 years of age or older; | ||||||
18 | 2. currently holds a valid driver's license, which has | ||||||
19 | not been revoked or suspended for one or more traffic | ||||||
20 | violations during the 3 years immediately prior to the | ||||||
21 | date of application; | ||||||
22 | 3. demonstrates physical fitness to operate vehicles | ||||||
23 | by submitting the results of a medical examination | ||||||
24 | conducted by a licensed physician; | ||||||
25 | 4. has not been convicted of more than 2 offenses |
| |||||||
| |||||||
1 | against traffic regulations governing the movement of | ||||||
2 | vehicles within a 12-month twelve month period; | ||||||
3 | 5. has not been convicted of reckless driving or | ||||||
4 | driving under the influence or manslaughter or reckless | ||||||
5 | homicide resulting from the operation of a motor vehicle | ||||||
6 | within the past 3 years; | ||||||
7 | 6. has signed and submitted a written statement | ||||||
8 | certifying that the person has not, through the unlawful | ||||||
9 | operation of a motor vehicle, caused a crash which | ||||||
10 | resulted in the death of any person within the 5 years | ||||||
11 | immediately prior to the date of application. | ||||||
12 | However, such day care centers, group homes and child care | ||||||
13 | institutions may provide for transportation of a child or | ||||||
14 | children for special outings, functions , or purposes that are | ||||||
15 | not scheduled on a regular basis without verification that | ||||||
16 | drivers for such purposes meet the requirements of this | ||||||
17 | Section. | ||||||
18 | (a-5) As a means of ensuring compliance with the | ||||||
19 | requirements set forth in subsection (a), the Department shall | ||||||
20 | implement appropriate measures to verify that every individual | ||||||
21 | who is employed at a group home or child care institution meets | ||||||
22 | those requirements. | ||||||
23 | For every person employed at a group home or child care | ||||||
24 | institution who regularly transports children in the course of | ||||||
25 | performing the person's duties, the Department must make the | ||||||
26 | verification every 2 years. Upon the Department's request, the |
| |||||||
| |||||||
1 | Secretary of State shall provide the Department with the | ||||||
2 | information necessary to enable the Department to make the | ||||||
3 | verifications required under subsection (a). | ||||||
4 | In the case of an individual employed at a group home or | ||||||
5 | child care institution who becomes subject to subsection (a) | ||||||
6 | for the first time after January 1, 2007 ( the effective date of | ||||||
7 | Public Act 94-943) this amendatory Act of the 94th General | ||||||
8 | Assembly , the Department must make that verification with the | ||||||
9 | Secretary of State before the individual operates a motor | ||||||
10 | vehicle to transport a child or children under the | ||||||
11 | circumstances described in subsection (a). | ||||||
12 | In the case of an individual employed at a group home or | ||||||
13 | child care institution who is subject to subsection (a) on | ||||||
14 | January 1, 2007 ( the effective date of Public Act 94-943) this | ||||||
15 | amendatory Act of the 94th General Assembly , the Department | ||||||
16 | must make that verification with the Secretary of State within | ||||||
17 | 30 days after January 1, 2007 that effective date . | ||||||
18 | If the Department discovers that an individual fails to | ||||||
19 | meet the requirements set forth in subsection (a), the | ||||||
20 | Department shall promptly notify the appropriate group home or | ||||||
21 | child care institution. | ||||||
22 | (b) Any individual who holds a valid Illinois school bus | ||||||
23 | driver permit issued by the Secretary of State pursuant to the | ||||||
24 | The Illinois Vehicle Code, and who is currently employed by a | ||||||
25 | school district or parochial school, or by a contractor with a | ||||||
26 | school district or parochial school, to drive a school bus |
| |||||||
| |||||||
1 | transporting children to and from school, shall be deemed in | ||||||
2 | compliance with the requirements of subsection (a). | ||||||
3 | (c) The Department may, pursuant to Section 8 of this Act, | ||||||
4 | revoke the license of any day care center, group home or child | ||||||
5 | care institution that fails to meet the requirements of this | ||||||
6 | Section. | ||||||
7 | (d) A group home or child care institution that fails to | ||||||
8 | meet the requirements of this Section is guilty of a petty | ||||||
9 | offense and is subject to a fine of not more than $1,000. Each | ||||||
10 | day that a group home or child care institution fails to meet | ||||||
11 | the requirements of this Section is a separate offense. | ||||||
12 | (Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23; | ||||||
13 | revised 9-21-23.) | ||||||
14 | (225 ILCS 10/5.1a new) | ||||||
15 | Sec. 5.1a. Transportation of children; day care centers. | ||||||
16 | The Department of Early Childhood shall ensure that no day | ||||||
17 | care center shall on a regular basis transport a child or | ||||||
18 | children with any motor vehicle unless such vehicle is | ||||||
19 | operated by a person who complies with the following | ||||||
20 | requirements: | ||||||
21 | (1) is 21 years of age or older; | ||||||
22 | (2) currently holds a valid driver's license, which | ||||||
23 | has not been revoked or suspended for one or more traffic | ||||||
24 | violations during the 3 years immediately prior to the | ||||||
25 | date of application; |
| |||||||
| |||||||
1 | (3) demonstrates physical fitness to operate vehicles | ||||||
2 | by submitting the results of a medical examination | ||||||
3 | conducted by a licensed physician; | ||||||
4 | (4) has not been convicted of more than 2 offenses | ||||||
5 | against traffic regulations governing the movement of | ||||||
6 | vehicles within a 12-month period; | ||||||
7 | (5) has not been convicted of reckless driving or | ||||||
8 | driving under the influence or manslaughter or reckless | ||||||
9 | homicide resulting from the operation of a motor vehicle | ||||||
10 | within the past 3 years; | ||||||
11 | (6) has signed and submitted a written statement | ||||||
12 | certifying that the person has not, through the unlawful | ||||||
13 | operation of a motor vehicle, caused a crash which | ||||||
14 | resulted in the death of any person within the 5 years | ||||||
15 | immediately prior to the date of application. | ||||||
16 | However, such day care centers may provide for | ||||||
17 | transportation of a child or children for special outings, | ||||||
18 | functions or purposes that are not scheduled on a regular | ||||||
19 | basis without verification that drivers for such purposes meet | ||||||
20 | the requirements of this Section. | ||||||
21 | (b) Any individual who holds a valid Illinois school bus | ||||||
22 | driver permit issued by the Secretary of State pursuant to the | ||||||
23 | Illinois Vehicle Code, and who is currently employed by a | ||||||
24 | school district or parochial school, or by a contractor with a | ||||||
25 | school district or parochial school, to drive a school bus | ||||||
26 | transporting children to and from school, shall be deemed in |
| |||||||
| |||||||
1 | compliance with the requirements of subsection (a). | ||||||
2 | (c) The Department of Early Childhood may, pursuant to | ||||||
3 | Section 8a of this Act, revoke the license of any day care | ||||||
4 | center that fails to meet the requirements of this Section. | ||||||
5 | (225 ILCS 10/5.2) | ||||||
6 | Sec. 5.2. Unsafe children's products ; Department of | ||||||
7 | Children and Family Services . | ||||||
8 | (a) A child care facility may not use or have on the | ||||||
9 | premises, on or after July 1, 2000, an unsafe children's | ||||||
10 | product as described in Section 15 of the Children's Product | ||||||
11 | Safety Act. This subsection (a) does not apply to an antique or | ||||||
12 | collectible children's product if it is not used by, or | ||||||
13 | accessible to, any child in the child care facility. | ||||||
14 | (b) The Department of Children and Family Services shall | ||||||
15 | notify child care facilities (other than a day care center, | ||||||
16 | day care home, or group day care home) , on an ongoing basis, | ||||||
17 | including during the license application facility examination | ||||||
18 | and during annual license monitoring visits, of the provisions | ||||||
19 | of this Section and the Children's Product Safety Act and of | ||||||
20 | the comprehensive list of unsafe children's products as | ||||||
21 | provided and maintained by the Department of Public Health | ||||||
22 | available on the Internet, as determined in accordance with | ||||||
23 | that Act, in plain, non-technical language that will enable | ||||||
24 | each child care facility to effectively inspect children's | ||||||
25 | products and identify unsafe children's products. Subject to |
| |||||||
| |||||||
1 | availability of appropriations, the Department of Children and | ||||||
2 | Family Services, in accordance with the requirements of this | ||||||
3 | Section, shall establish and maintain a database on the safety | ||||||
4 | of consumer products and other products or substances | ||||||
5 | regulated by the Department that is: (i) publicly available; | ||||||
6 | (ii) searchable; and (iii) accessible through the Internet | ||||||
7 | website of the Department. Child care facilities must maintain | ||||||
8 | all written information provided pursuant to this subsection | ||||||
9 | in a file accessible to both facility staff and parents of | ||||||
10 | children attending the facility. Child care facilities must | ||||||
11 | post in prominent locations regularly visited by parents | ||||||
12 | written notification of the existence of the comprehensive | ||||||
13 | list of unsafe children's products available on the Internet. | ||||||
14 | The Department of Children and Family Services shall adopt | ||||||
15 | rules to carry out this Section. | ||||||
16 | (Source: P.A. 103-44, eff. 1-1-24 .) | ||||||
17 | (225 ILCS 10/5.2a new) | ||||||
18 | Sec. 5.2a. Unsafe children's products; Department of Early | ||||||
19 | Childhood. | ||||||
20 | (a) A day care center, day care home, or group day care | ||||||
21 | home may not use or have on the premises an unsafe children's | ||||||
22 | product as described in Section 15 of the Children's Product | ||||||
23 | Safety Act. This subsection (a) does not apply to an antique or | ||||||
24 | collectible children's product if it is not used by, or | ||||||
25 | accessible to, any child in the day care center, day care home, |
| |||||||
| |||||||
1 | or group day care home. | ||||||
2 | (b) The Department of Early Childhood shall notify day | ||||||
3 | care centers, day care homes, and group day care homes, on an | ||||||
4 | ongoing basis, including during the license application | ||||||
5 | facility examination and during annual license monitoring | ||||||
6 | visits, of the provisions of this Section and the Children's | ||||||
7 | Product Safety Act and of the comprehensive list of unsafe | ||||||
8 | children's products as provided and maintained by the | ||||||
9 | Department of Public Health available on the Internet, as | ||||||
10 | determined in accordance with that Act, in plain, | ||||||
11 | non-technical language that will enable each child care | ||||||
12 | facility to effectively inspect children's products and | ||||||
13 | identify unsafe children's products. Subject to availability | ||||||
14 | of appropriations, the Department of Early Childhood, in | ||||||
15 | accordance with the requirements of this Section, shall | ||||||
16 | establish and maintain a database on the safety of consumer | ||||||
17 | products and other products or substances regulated by the | ||||||
18 | Department of Early Childhood that is: (i) publicly available; | ||||||
19 | (ii) searchable; and (iii) accessible through the Internet | ||||||
20 | website of the Department of Early Childhood. Child care | ||||||
21 | facilities must maintain all written information provided | ||||||
22 | pursuant to this subsection in a file accessible to both | ||||||
23 | facility staff and parents of children attending the facility. | ||||||
24 | Day care centers, day care homes, and group day care homes must | ||||||
25 | post in prominent locations regularly visited by parents | ||||||
26 | written notification of the existence of the comprehensive |
| |||||||
| |||||||
1 | list of unsafe children's products available on the Internet. | ||||||
2 | The Department of Early Childhood shall adopt rules to carry | ||||||
3 | out this Section. | ||||||
4 | (225 ILCS 10/5.8) | ||||||
5 | Sec. 5.8. Radon testing of licensed day care centers, | ||||||
6 | licensed day care homes, and licensed group day care homes. | ||||||
7 | (a) Licensed Effective January 1, 2013, licensed day care | ||||||
8 | centers, licensed day care homes, and licensed group day care | ||||||
9 | homes shall have the facility tested for radon at least once | ||||||
10 | every 3 years pursuant to rules established by the Illinois | ||||||
11 | Emergency Management Agency. | ||||||
12 | (b) As Effective January 1, 2014, as part of an initial | ||||||
13 | application or application for renewal of a license for day | ||||||
14 | care centers, day care homes, and group day care homes, the | ||||||
15 | Department of Early Childhood shall require proof the facility | ||||||
16 | has been tested within the last 3 years for radon pursuant to | ||||||
17 | rules established by the Illinois Emergency Management Agency. | ||||||
18 | (c) The report of the most current radon measurement shall | ||||||
19 | be posted in the facility next to the license issued by the | ||||||
20 | Department of Early Childhood . Copies of the report shall be | ||||||
21 | provided to parents or guardians upon request. | ||||||
22 | (d) Included with the report referenced in subsection (c) | ||||||
23 | shall be the following statement: | ||||||
24 | "Every parent or guardian is notified that this | ||||||
25 | facility has performed radon measurements to ensure the |
| |||||||
| |||||||
1 | health and safety of the occupants. The Illinois Emergency | ||||||
2 | Management Agency (IEMA) recommends that all residential | ||||||
3 | homes be tested and that corrective actions be taken at | ||||||
4 | levels equal to or greater than 4.0 pCi/L. Radon is a Class | ||||||
5 | A human carcinogen, the leading cause of lung cancer in | ||||||
6 | non-smokers, and the second leading cause of lung cancer | ||||||
7 | overall. For additional information about this facility | ||||||
8 | contact the licensee and for additional information | ||||||
9 | regarding radon contact the IEMA Radon Program at | ||||||
10 | 800-325-1245 or on the Internet at | ||||||
11 | www.radon.illinois.gov.". | ||||||
12 | (Source: P.A. 97-981, eff. 1-1-13.) | ||||||
13 | (225 ILCS 10/5.9) | ||||||
14 | Sec. 5.9. Lead testing of water in licensed day care | ||||||
15 | centers, day care homes and group day care homes. | ||||||
16 | (a) The On or before January 1, 2018, the Department of | ||||||
17 | Early Childhood , in consultation with the Department of Public | ||||||
18 | Health, shall adopt rules that prescribe the procedures and | ||||||
19 | standards to be used by the Department of Early Childhood in | ||||||
20 | assessing levels of lead in water in licensed day care | ||||||
21 | centers, day care homes, and group day care homes constructed | ||||||
22 | on or before January 1, 2000 that serve children under the age | ||||||
23 | of 6. Such rules shall, at a minimum, include provisions | ||||||
24 | regarding testing parameters, the notification of sampling | ||||||
25 | results, training requirements for lead exposure and |
| |||||||
| |||||||
1 | mitigation. | ||||||
2 | (b) After adoption of the rules required by subsection | ||||||
3 | (a), and as part of an initial application or application for | ||||||
4 | renewal of a license for day care centers, day care homes, and | ||||||
5 | group day care homes, the Department shall require proof that | ||||||
6 | the applicant has complied with all such rules. | ||||||
7 | (Source: P.A. 99-922, eff. 1-17-17.) | ||||||
8 | (225 ILCS 10/5.10) | ||||||
9 | Sec. 5.10. Child care limitation on expulsions. Consistent | ||||||
10 | with the purposes of Public Act 100-105 this amendatory Act of | ||||||
11 | the 100th General Assembly and the requirements therein under | ||||||
12 | paragraph (7) of subsection (a) of Section 2-3.71 of the | ||||||
13 | School Code, the Department of Early Childhood , in | ||||||
14 | consultation with the Governor's Office of Early Childhood | ||||||
15 | Development and the State Board of Education, shall adopt | ||||||
16 | rules prohibiting the use of expulsion due to a child's | ||||||
17 | persistent and serious challenging behaviors in licensed day | ||||||
18 | care centers, day care homes, and group day care homes. The | ||||||
19 | rulemaking shall address, at a minimum, requirements for | ||||||
20 | licensees to establish intervention and transition policies, | ||||||
21 | notify parents of policies, document intervention steps, and | ||||||
22 | collect and report data on children transitioning out of the | ||||||
23 | program. | ||||||
24 | (Source: P.A. 100-105, eff. 1-1-18 .) |
| |||||||
| |||||||
1 | (225 ILCS 10/5.11) | ||||||
2 | Sec. 5.11. Plan for anaphylactic shock. The Department of | ||||||
3 | Early Childhood shall require each licensed day care center, | ||||||
4 | day care home, and group day care home to have a plan for | ||||||
5 | anaphylactic shock to be followed for the prevention of | ||||||
6 | anaphylaxis and during a medical emergency resulting from | ||||||
7 | anaphylaxis. The plan should be based on the guidance and | ||||||
8 | recommendations provided by the American Academy of Pediatrics | ||||||
9 | relating to the management of food allergies or other | ||||||
10 | allergies. The plan should be shared with parents or guardians | ||||||
11 | upon enrollment at each licensed day care center, day care | ||||||
12 | home, and group day care home. If a child requires specific | ||||||
13 | specialized treatment during an episode of anaphylaxis, that | ||||||
14 | child's treatment plan should be kept by the staff of the day | ||||||
15 | care center, day care home, or group day care home and followed | ||||||
16 | in the event of an emergency. Each licensed day care center, | ||||||
17 | day care home, and group day care home shall have at least one | ||||||
18 | staff member present at all times who has taken a training | ||||||
19 | course in recognizing and responding to anaphylaxis. | ||||||
20 | (Source: P.A. 102-413, eff. 8-20-21.) | ||||||
21 | (225 ILCS 10/6) (from Ch. 23, par. 2216) | ||||||
22 | Sec. 6. (a) A licensed facility operating as a "child care | ||||||
23 | institution", "maternity center", or "child welfare agency", | ||||||
24 | "day care agency" or "day care center" must apply for renewal | ||||||
25 | of its license held, the application to be made to the |
| |||||||
| |||||||
1 | Department on forms prescribed by it. | ||||||
2 | (b) The Department, a duly licensed child welfare agency | ||||||
3 | or a suitable agency or person designated by the Department as | ||||||
4 | its agent to do so, must re-examine every child care facility | ||||||
5 | for renewal of license, including in that process the | ||||||
6 | examination of the premises and records of the facility as the | ||||||
7 | Department considers necessary to determine that minimum | ||||||
8 | standards for licensing continue to be met, and random surveys | ||||||
9 | of parents or legal guardians who are consumers of such | ||||||
10 | facilities' services to assess the quality of care at such | ||||||
11 | facilities. In the case of foster family homes, or day care | ||||||
12 | homes under the supervision of or otherwise required to be | ||||||
13 | licensed by the Department, or under supervision of a licensed | ||||||
14 | child welfare agency or day care agency, the examination shall | ||||||
15 | be made by the Department, or agency supervising such homes. | ||||||
16 | If the Department is satisfied that the facility continues to | ||||||
17 | maintain minimum standards which it prescribes and publishes, | ||||||
18 | it shall renew the license to operate the facility. | ||||||
19 | (b-5) In the case of a quality of care concerns applicant | ||||||
20 | as defined in Section 2.22a of this Act, in addition to the | ||||||
21 | examination required in subsection (b) of this Section, the | ||||||
22 | Department shall not renew the license of a quality of care | ||||||
23 | concerns applicant unless the Department is satisfied that the | ||||||
24 | foster family home does not pose a risk to children and that | ||||||
25 | the foster family home will be able to meet the physical and | ||||||
26 | emotional needs of children. In making this determination, the |
| |||||||
| |||||||
1 | Department must obtain and carefully review all relevant | ||||||
2 | documents and shall obtain consultation from its Clinical | ||||||
3 | Division as appropriate and as prescribed by Department rule | ||||||
4 | and procedure. The Department has the authority to deny an | ||||||
5 | application for renewal based on a record of quality of care | ||||||
6 | concerns. In the alternative, the Department may (i) approve | ||||||
7 | the application for renewal subject to obtaining additional | ||||||
8 | information or assessments, (ii) approve the application for | ||||||
9 | renewal for purposes of placing or maintaining only a | ||||||
10 | particular child or children only in the foster home, or (iii) | ||||||
11 | approve the application for renewal. The Department shall | ||||||
12 | notify the quality of care concerns applicant of its decision | ||||||
13 | and the basis for its decision in writing. | ||||||
14 | (c) If a child care facility's (other than a day care | ||||||
15 | center, day care home, or group day care home) license, other | ||||||
16 | than a license for a foster family home, is revoked, or if the | ||||||
17 | Department refuses to renew a facility's license, the facility | ||||||
18 | may not reapply for a license before the expiration of 12 | ||||||
19 | months following the Department's action; provided, however, | ||||||
20 | that the denial of a reapplication for a license pursuant to | ||||||
21 | this subsection must be supported by evidence that the prior | ||||||
22 | revocation renders the applicant unqualified or incapable of | ||||||
23 | satisfying the standards and rules promulgated by the | ||||||
24 | Department pursuant to this Act or maintaining a facility | ||||||
25 | which adheres to such standards and rules. | ||||||
26 | (d) If a foster family home license (i) is revoked, (ii) is |
| |||||||
| |||||||
1 | surrendered for cause, or (iii) expires or is surrendered with | ||||||
2 | either certain types of involuntary placement holds in place | ||||||
3 | or while a licensing or child abuse or neglect investigation | ||||||
4 | is pending, or if the Department refuses to renew a foster home | ||||||
5 | license, the foster home may not reapply for a license before | ||||||
6 | the expiration of 5 years following the Department's action or | ||||||
7 | following the expiration or surrender of the license. | ||||||
8 | (Source: P.A. 99-779, eff. 1-1-17 .) | ||||||
9 | (225 ILCS 10/6.1 new) | ||||||
10 | Sec. 6.1. License renewal; Department of Early Childhood. | ||||||
11 | (a) A licensed facility operating as a day care center | ||||||
12 | must apply for renewal of its license held, the application to | ||||||
13 | be made to the Department of Early Childhood on forms | ||||||
14 | prescribed by it. | ||||||
15 | (b) The Department of Early Childhood must re-examine | ||||||
16 | every day care center, day care home, and group day care home | ||||||
17 | for renewal of license, including in that process the | ||||||
18 | examination of the premises and records of the facility as the | ||||||
19 | Department of Early Childhood considers necessary to determine | ||||||
20 | that minimum standards for licensing continue to be met, and | ||||||
21 | random surveys of parents or legal guardians who are consumers | ||||||
22 | of such facilities' services to assess the quality of care at | ||||||
23 | such facilities. In the case of day care homes under the | ||||||
24 | supervision of or otherwise required to be licensed by the | ||||||
25 | Department of Early Childhood, the examination shall be made |
| |||||||
| |||||||
1 | by the Department of Early Childhood. If the Department of | ||||||
2 | Early Childhood is satisfied that the facility continues to | ||||||
3 | maintain minimum standards which it prescribes and publishes, | ||||||
4 | it shall renew the license to operate the facility. | ||||||
5 | (c) If a day care center's, day care home's, or group day | ||||||
6 | care home's license is revoked, or if the Department of Early | ||||||
7 | Childhood refuses to renew a day care center's, day care | ||||||
8 | home's, or group day care home's license, the facility may not | ||||||
9 | reapply for a license before the expiration of 12 months | ||||||
10 | following the Department of Early Childhood's action; | ||||||
11 | provided, however, that the denial of a reapplication for a | ||||||
12 | license pursuant to this subsection must be supported by | ||||||
13 | evidence that the prior revocation renders the applicant | ||||||
14 | unqualified or incapable of satisfying the standards and rules | ||||||
15 | promulgated by the Department of Early Childhood pursuant to | ||||||
16 | this Act or maintaining a facility which adheres to such | ||||||
17 | standards and rules. | ||||||
18 | (225 ILCS 10/7) (from Ch. 23, par. 2217) | ||||||
19 | Sec. 7. (a) The Department must prescribe and publish | ||||||
20 | minimum standards for licensing that apply to the various | ||||||
21 | types of facilities for child care defined in this Act (other | ||||||
22 | than a day care center, day care home, or group day care home) | ||||||
23 | and that are equally applicable to like institutions under the | ||||||
24 | control of the Department and to foster family homes used by | ||||||
25 | and under the direct supervision of the Department. The |
| |||||||
| |||||||
1 | Department shall seek the advice and assistance of persons | ||||||
2 | representative of the various types of child care facilities | ||||||
3 | in establishing such standards. The standards prescribed and | ||||||
4 | published under this Act take effect as provided in the | ||||||
5 | Illinois Administrative Procedure Act, and are restricted to | ||||||
6 | regulations pertaining to the following matters and to any | ||||||
7 | rules and regulations required or permitted by any other | ||||||
8 | Section of this Act: | ||||||
9 | (1) The operation and conduct of the facility and | ||||||
10 | responsibility it assumes for child care; | ||||||
11 | (2) The character, suitability and qualifications of | ||||||
12 | the applicant and other persons directly responsible for | ||||||
13 | the care and welfare of children served. All child day | ||||||
14 | care center licensees and employees who are required to | ||||||
15 | report child abuse or neglect under the Abused and | ||||||
16 | Neglected Child Reporting Act shall be required to attend | ||||||
17 | training on recognizing child abuse and neglect, as | ||||||
18 | prescribed by Department rules ; | ||||||
19 | (3) The general financial ability and competence of | ||||||
20 | the applicant to provide necessary care for children and | ||||||
21 | to maintain prescribed standards; | ||||||
22 | (4) The number of individuals or staff required to | ||||||
23 | insure adequate supervision and care of the children | ||||||
24 | received. The standards shall provide that each child care | ||||||
25 | institution, maternity center, and day care center, group | ||||||
26 | home , day care home, and group day care home shall have on |
| |||||||
| |||||||
1 | its premises during its hours of operation at least one | ||||||
2 | staff member certified in first aid, in the Heimlich | ||||||
3 | maneuver and in cardiopulmonary resuscitation by the | ||||||
4 | American Red Cross or other organization approved by rule | ||||||
5 | of the Department. Child welfare agencies shall not be | ||||||
6 | subject to such a staffing requirement. The Department may | ||||||
7 | offer, or arrange for the offering, on a periodic basis in | ||||||
8 | each community in this State in cooperation with the | ||||||
9 | American Red Cross, the American Heart Association or | ||||||
10 | other appropriate organization, voluntary programs to | ||||||
11 | train operators of foster family homes and day care homes | ||||||
12 | in first aid and cardiopulmonary resuscitation; | ||||||
13 | (5) The appropriateness, safety, cleanliness, and | ||||||
14 | general adequacy of the premises, including maintenance of | ||||||
15 | adequate fire prevention and health standards conforming | ||||||
16 | to State laws and municipal codes to provide for the | ||||||
17 | physical comfort, care, and well-being of children | ||||||
18 | received; | ||||||
19 | (6) Provisions for food, clothing, educational | ||||||
20 | opportunities, program, equipment and individual supplies | ||||||
21 | to assure the healthy physical, mental, and spiritual | ||||||
22 | development of children served; | ||||||
23 | (7) Provisions to safeguard the legal rights of | ||||||
24 | children served; | ||||||
25 | (8) Maintenance of records pertaining to the | ||||||
26 | admission, progress, health, and discharge of children , |
| |||||||
| |||||||
1 | including, for day care centers and day care homes, | ||||||
2 | records indicating each child has been immunized as | ||||||
3 | required by State regulations . The Department shall | ||||||
4 | require proof that children enrolled in a facility (other | ||||||
5 | than a day care center, day care home, or group day care | ||||||
6 | home) have been immunized against Haemophilus Influenzae B | ||||||
7 | (HIB); | ||||||
8 | (9) Filing of reports with the Department; | ||||||
9 | (10) Discipline of children; | ||||||
10 | (11) Protection and fostering of the particular | ||||||
11 | religious faith of the children served; | ||||||
12 | (12) (Blank) Provisions prohibiting firearms on day | ||||||
13 | care center premises except in the possession of peace | ||||||
14 | officers ; | ||||||
15 | (13) (Blank) Provisions prohibiting handguns on day | ||||||
16 | care home premises except in the possession of peace | ||||||
17 | officers or other adults who must possess a handgun as a | ||||||
18 | condition of employment and who reside on the premises of | ||||||
19 | a day care home ; | ||||||
20 | (14) (Blank) Provisions requiring that any firearm | ||||||
21 | permitted on day care home premises, except handguns in | ||||||
22 | the possession of peace officers, shall be kept in a | ||||||
23 | disassembled state, without ammunition, in locked storage, | ||||||
24 | inaccessible to children and that ammunition permitted on | ||||||
25 | day care home premises shall be kept in locked storage | ||||||
26 | separate from that of disassembled firearms, inaccessible |
| |||||||
| |||||||
1 | to children ; | ||||||
2 | (15) (Blank) Provisions requiring notification of | ||||||
3 | parents or guardians enrolling children at a day care home | ||||||
4 | of the presence in the day care home of any firearms and | ||||||
5 | ammunition and of the arrangements for the separate, | ||||||
6 | locked storage of such firearms and ammunition ; | ||||||
7 | (16) Provisions requiring all licensed child care | ||||||
8 | facility employees who care for newborns and infants to | ||||||
9 | complete training every 3 years on the nature of sudden | ||||||
10 | unexpected infant death (SUID), sudden infant death | ||||||
11 | syndrome (SIDS), and the safe sleep recommendations of the | ||||||
12 | American Academy of Pediatrics (other than employees of a | ||||||
13 | day care center, day care home, or group day care home) ; | ||||||
14 | and | ||||||
15 | (17) With respect to foster family homes, provisions | ||||||
16 | requiring the Department to review quality of care | ||||||
17 | concerns and to consider those concerns in determining | ||||||
18 | whether a foster family home is qualified to care for | ||||||
19 | children. | ||||||
20 | By July 1, 2022, all licensed day care home providers, | ||||||
21 | licensed group day care home providers, and licensed day care | ||||||
22 | center directors and classroom staff shall participate in at | ||||||
23 | least one training that includes the topics of early childhood | ||||||
24 | social emotional learning, infant and early childhood mental | ||||||
25 | health, early childhood trauma, or adverse childhood | ||||||
26 | experiences. Current licensed providers, directors, and |
| |||||||
| |||||||
1 | classroom staff shall complete training by July 1, 2022 and | ||||||
2 | shall participate in training that includes the above topics | ||||||
3 | at least once every 3 years. | ||||||
4 | (b) If, in a facility for general child care (other than a | ||||||
5 | day care center, day care home, or group day care home) , there | ||||||
6 | are children diagnosed as mentally ill or children diagnosed | ||||||
7 | as having an intellectual or physical disability, who are | ||||||
8 | determined to be in need of special mental treatment or of | ||||||
9 | nursing care, or both mental treatment and nursing care, the | ||||||
10 | Department shall seek the advice and recommendation of the | ||||||
11 | Department of Human Services, the Department of Public Health, | ||||||
12 | or both Departments regarding the residential treatment and | ||||||
13 | nursing care provided by the institution. | ||||||
14 | (c) The Department shall investigate any person applying | ||||||
15 | to be licensed as a foster parent to determine whether there is | ||||||
16 | any evidence of current drug or alcohol abuse in the | ||||||
17 | prospective foster family. The Department shall not license a | ||||||
18 | person as a foster parent if drug or alcohol abuse has been | ||||||
19 | identified in the foster family or if a reasonable suspicion | ||||||
20 | of such abuse exists, except that the Department may grant a | ||||||
21 | foster parent license to an applicant identified with an | ||||||
22 | alcohol or drug problem if the applicant has successfully | ||||||
23 | participated in an alcohol or drug treatment program, | ||||||
24 | self-help group, or other suitable activities and if the | ||||||
25 | Department determines that the foster family home can provide | ||||||
26 | a safe, appropriate environment and meet the physical and |
| |||||||
| |||||||
1 | emotional needs of children. | ||||||
2 | (d) The Department, in applying standards prescribed and | ||||||
3 | published, as herein provided, shall offer consultation | ||||||
4 | through employed staff or other qualified persons to assist | ||||||
5 | applicants and licensees (other than applicants and licensees | ||||||
6 | of a day care center, day care home, or group day care home) in | ||||||
7 | meeting and maintaining minimum requirements for a license and | ||||||
8 | to help them otherwise to achieve programs of excellence | ||||||
9 | related to the care of children served. Such consultation | ||||||
10 | shall include providing information concerning education and | ||||||
11 | training in early childhood development to providers of day | ||||||
12 | care home services. The Department may provide or arrange for | ||||||
13 | such education and training for those providers who request | ||||||
14 | such assistance (other than providers at a day care center, | ||||||
15 | day care home, or group day care home) . | ||||||
16 | (e) The Department shall distribute copies of licensing | ||||||
17 | standards to all licensees and applicants for a license (other | ||||||
18 | than licensees and applicants of a day care center, day care | ||||||
19 | home, or group day care home) . Each licensee or holder of a | ||||||
20 | permit shall distribute copies of the appropriate licensing | ||||||
21 | standards and any other information required by the Department | ||||||
22 | to child care facilities under its supervision. Each licensee | ||||||
23 | or holder of a permit shall maintain appropriate documentation | ||||||
24 | of the distribution of the standards. Such documentation shall | ||||||
25 | be part of the records of the facility and subject to | ||||||
26 | inspection by authorized representatives of the Department. |
| |||||||
| |||||||
1 | (f) (Blank) The Department shall prepare summaries of day | ||||||
2 | care licensing standards. Each licensee or holder of a permit | ||||||
3 | for a day care facility shall distribute a copy of the | ||||||
4 | appropriate summary and any other information required by the | ||||||
5 | Department, to the legal guardian of each child cared for in | ||||||
6 | that facility at the time when the child is enrolled or | ||||||
7 | initially placed in the facility. The licensee or holder of a | ||||||
8 | permit for a day care facility shall secure appropriate | ||||||
9 | documentation of the distribution of the summary and brochure. | ||||||
10 | Such documentation shall be a part of the records of the | ||||||
11 | facility and subject to inspection by an authorized | ||||||
12 | representative of the Department . | ||||||
13 | (g) The Department shall distribute to each licensee and | ||||||
14 | holder of a permit copies of the licensing or permit standards | ||||||
15 | applicable to such person's facility (other than a day care | ||||||
16 | center, day care home, or group day care home) . Each licensee | ||||||
17 | or holder of a permit shall make available by posting at all | ||||||
18 | times in a common or otherwise accessible area a complete and | ||||||
19 | current set of licensing standards in order that all employees | ||||||
20 | of the facility may have unrestricted access to such | ||||||
21 | standards. All employees of the facility shall have reviewed | ||||||
22 | the standards and any subsequent changes. Each licensee or | ||||||
23 | holder of a permit shall maintain appropriate documentation of | ||||||
24 | the current review of licensing standards by all employees. | ||||||
25 | Such records shall be part of the records of the facility and | ||||||
26 | subject to inspection by authorized representatives of the |
| |||||||
| |||||||
1 | Department. | ||||||
2 | (h) Any standards (other than standards of a day care | ||||||
3 | center, day care home, or group day care home) involving | ||||||
4 | physical examinations, immunization, or medical treatment | ||||||
5 | shall include appropriate exemptions for children whose | ||||||
6 | parents object thereto on the grounds that they conflict with | ||||||
7 | the tenets and practices of a recognized church or religious | ||||||
8 | organization, of which the parent is an adherent or member, | ||||||
9 | and for children who should not be subjected to immunization | ||||||
10 | for clinical reasons. | ||||||
11 | (i) (Blank) The Department, in cooperation with the | ||||||
12 | Department of Public Health, shall work to increase | ||||||
13 | immunization awareness and participation among parents of | ||||||
14 | children enrolled in day care centers and day care homes by | ||||||
15 | publishing on the Department's website information about the | ||||||
16 | benefits of immunization against vaccine preventable diseases, | ||||||
17 | including influenza and pertussis. The information for vaccine | ||||||
18 | preventable diseases shall include the incidence and severity | ||||||
19 | of the diseases, the availability of vaccines, and the | ||||||
20 | importance of immunizing children and persons who frequently | ||||||
21 | have close contact with children. The website content shall be | ||||||
22 | reviewed annually in collaboration with the Department of | ||||||
23 | Public Health to reflect the most current recommendations of | ||||||
24 | the Advisory Committee on Immunization Practices (ACIP). The | ||||||
25 | Department shall work with day care centers and day care homes | ||||||
26 | licensed under this Act to ensure that the information is |
| |||||||
| |||||||
1 | annually distributed to parents in August or September . | ||||||
2 | (j) (Blank) Any standard adopted by the Department that | ||||||
3 | requires an applicant for a license to operate a day care home | ||||||
4 | to include a copy of a high school diploma or equivalent | ||||||
5 | certificate with the person's application shall be deemed to | ||||||
6 | be satisfied if the applicant includes a copy of a high school | ||||||
7 | diploma or equivalent certificate or a copy of a degree from an | ||||||
8 | accredited institution of higher education or vocational | ||||||
9 | institution or equivalent certificate . | ||||||
10 | (Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.) | ||||||
11 | (225 ILCS 10/7.01 new) | ||||||
12 | Sec. 7.01. Minimum standards for licensing; Department of | ||||||
13 | Early Childhood. | ||||||
14 | (a) The Department of Early Childhood must prescribe and | ||||||
15 | publish minimum standards for licensing that apply to day care | ||||||
16 | centers, day care homes, and group day care homes. The | ||||||
17 | Department of Early Childhood shall seek the advice and | ||||||
18 | assistance of persons representative of day care centers, day | ||||||
19 | care homes, and group day care homes in establishing such | ||||||
20 | standards. The standards prescribed and published under this | ||||||
21 | Act take effect as provided in the Illinois Administrative | ||||||
22 | Procedure Act, and are restricted to rules pertaining to the | ||||||
23 | following matters and to any rules required or permitted by | ||||||
24 | any other Section of this Act: | ||||||
25 | (1) The operation and conduct of the facility and |
| |||||||
| |||||||
1 | responsibility it assumes for child care; | ||||||
2 | (2) The character, suitability and qualifications of | ||||||
3 | the applicant and other persons directly responsible for | ||||||
4 | the care and welfare of children served. All child day | ||||||
5 | care center licensees and employees who are required to | ||||||
6 | report child abuse or neglect under the Abused and | ||||||
7 | Neglected Child Reporting Act shall be required to attend | ||||||
8 | training on recognizing child abuse and neglect, as | ||||||
9 | prescribed by Department of Early Childhood rules; | ||||||
10 | (3) The general financial ability and competence of | ||||||
11 | the applicant to provide necessary care for children and | ||||||
12 | to maintain prescribed standards; | ||||||
13 | (4) The number of individuals or staff required to | ||||||
14 | ensure adequate supervision and care of the children | ||||||
15 | received. The standards shall provide that each day care | ||||||
16 | center, day care home, and group day care home shall have | ||||||
17 | on its premises during its hours of operation at least one | ||||||
18 | staff member certified in first aid, in the Heimlich | ||||||
19 | maneuver and in cardiopulmonary resuscitation by the | ||||||
20 | American Red Cross or other organization approved by rule | ||||||
21 | of the Department of Early Childhood. The Department of | ||||||
22 | Early Childhood may offer, or arrange for the offering, on | ||||||
23 | a periodic basis in each community in this State in | ||||||
24 | cooperation with the American Red Cross, the American | ||||||
25 | Heart Association or other appropriate organization, | ||||||
26 | voluntary programs to train operators of day care homes in |
| |||||||
| |||||||
1 | first aid and cardiopulmonary resuscitation; | ||||||
2 | (5) The appropriateness, safety, cleanliness, and | ||||||
3 | general adequacy of the premises, including maintenance of | ||||||
4 | adequate fire prevention and health standards conforming | ||||||
5 | to State laws and municipal codes to provide for the | ||||||
6 | physical comfort, care, and well-being of children | ||||||
7 | received; | ||||||
8 | (6) Provisions for food, clothing, educational | ||||||
9 | opportunities, program, equipment and individual supplies | ||||||
10 | to ensure the healthy physical, mental, and spiritual | ||||||
11 | development of children served; | ||||||
12 | (7) Provisions to safeguard the legal rights of | ||||||
13 | children served; | ||||||
14 | (8) Maintenance of records pertaining to the | ||||||
15 | admission, progress, health, and discharge of children, | ||||||
16 | including, for day care centers and day care homes, | ||||||
17 | records indicating each child has been immunized as | ||||||
18 | required by State regulations. The Department of Early | ||||||
19 | Childhood shall require proof that children enrolled in a | ||||||
20 | facility have been immunized against Haemophilus | ||||||
21 | Influenzae B (HIB); | ||||||
22 | (9) Filing of reports with the Department of Early | ||||||
23 | Childhood; | ||||||
24 | (10) Discipline of children; | ||||||
25 | (11) Protection and fostering of the particular | ||||||
26 | religious faith of the children served; |
| |||||||
| |||||||
1 | (12) Provisions prohibiting firearms on day care | ||||||
2 | center premises except in the possession of peace | ||||||
3 | officers; | ||||||
4 | (13) Provisions prohibiting handguns on day care home | ||||||
5 | premises except in the possession of peace officers or | ||||||
6 | other adults who must possess a handgun as a condition of | ||||||
7 | employment and who reside on the premises of a day care | ||||||
8 | home; | ||||||
9 | (14) Provisions requiring that any firearm permitted | ||||||
10 | on day care home premises, except handguns in the | ||||||
11 | possession of peace officers, shall be kept in a | ||||||
12 | disassembled state, without ammunition, in locked storage, | ||||||
13 | inaccessible to children and that ammunition permitted on | ||||||
14 | day care home premises shall be kept in locked storage | ||||||
15 | separate from that of disassembled firearms, inaccessible | ||||||
16 | to children; | ||||||
17 | (15) Provisions requiring notification of parents or | ||||||
18 | guardians enrolling children at a day care home of the | ||||||
19 | presence in the day care home of any firearms and | ||||||
20 | ammunition and of the arrangements for the separate, | ||||||
21 | locked storage of such firearms and ammunition; and | ||||||
22 | (16) Provisions requiring all licensed child care | ||||||
23 | facility employees who care for newborns and infants to | ||||||
24 | complete training every 3 years on the nature of sudden | ||||||
25 | unexpected infant death (SUID), sudden infant death | ||||||
26 | syndrome (SIDS), and the safe sleep recommendations of the |
| |||||||
| |||||||
1 | American Academy of Pediatrics. | ||||||
2 | All licensed day care home providers, licensed group day | ||||||
3 | care home providers, and licensed day care center directors | ||||||
4 | and classroom staff shall participate in at least one training | ||||||
5 | that includes the topics of early childhood social emotional | ||||||
6 | learning, infant and early childhood mental health, early | ||||||
7 | childhood trauma, or adverse childhood experiences. Current | ||||||
8 | licensed providers, directors, and classroom staff shall | ||||||
9 | complete training and shall participate in training that | ||||||
10 | includes the above topics at least once every 3 years. | ||||||
11 | (b) The Department of Early Childhood, in applying | ||||||
12 | standards prescribed and published, as herein provided, shall | ||||||
13 | offer consultation through employed staff or other qualified | ||||||
14 | persons to assist applicants and licensees in meeting and | ||||||
15 | maintaining minimum requirements for a license and to help | ||||||
16 | them otherwise to achieve programs of excellence related to | ||||||
17 | the care of children served. Such consultation shall include | ||||||
18 | providing information concerning education and training in | ||||||
19 | early childhood development to providers of day care home | ||||||
20 | services. The Department of Early Childhood may provide or | ||||||
21 | arrange for such education and training for those providers | ||||||
22 | who request such assistance. | ||||||
23 | (c) The Department of Early Childhood shall distribute | ||||||
24 | copies of licensing standards to all licensees and applicants | ||||||
25 | for a license. Each licensee or holder of a permit shall | ||||||
26 | distribute copies of the appropriate licensing standards and |
| |||||||
| |||||||
1 | any other information required by the Department of Early | ||||||
2 | Childhood to child care facilities under its supervision. Each | ||||||
3 | licensee or holder of a permit shall maintain appropriate | ||||||
4 | documentation of the distribution of the standards. Such | ||||||
5 | documentation shall be part of the records of the facility and | ||||||
6 | subject to inspection by authorized representatives of the | ||||||
7 | Department of Early Childhood. | ||||||
8 | (d) The Department of Early Childhood shall prepare | ||||||
9 | summaries of day care licensing standards. Each licensee or | ||||||
10 | holder of a permit for a day care facility shall distribute a | ||||||
11 | copy of the appropriate summary and any other information | ||||||
12 | required by the Department of Early Childhood, to the legal | ||||||
13 | guardian of each child cared for in that facility at the time | ||||||
14 | when the child is enrolled or initially placed in the | ||||||
15 | facility. The licensee or holder of a permit for a day care | ||||||
16 | facility shall secure appropriate documentation of the | ||||||
17 | distribution of the summary and brochure. Such documentation | ||||||
18 | shall be a part of the records of the facility and subject to | ||||||
19 | inspection by an authorized representative of the Department | ||||||
20 | of Early Childhood. | ||||||
21 | (e) The Department of Early Childhood shall distribute to | ||||||
22 | each licensee and holder of a permit copies of the licensing or | ||||||
23 | permit standards applicable to such person's facility. Each | ||||||
24 | licensee or holder of a permit shall make available by posting | ||||||
25 | at all times in a common or otherwise accessible area a | ||||||
26 | complete and current set of licensing standards in order that |
| |||||||
| |||||||
1 | all employees of the facility may have unrestricted access to | ||||||
2 | such standards. All employees of the facility shall have | ||||||
3 | reviewed the standards and any subsequent changes. Each | ||||||
4 | licensee or holder of a permit shall maintain appropriate | ||||||
5 | documentation of the current review of licensing standards by | ||||||
6 | all employees. Such records shall be part of the records of the | ||||||
7 | facility and subject to inspection by authorized | ||||||
8 | representatives of the Department of Early Childhood. | ||||||
9 | (f) Any standards involving physical examinations, | ||||||
10 | immunization, or medical treatment shall include appropriate | ||||||
11 | exemptions for children whose parents object thereto on the | ||||||
12 | grounds that they conflict with the tenets and practices of a | ||||||
13 | recognized church or religious organization, of which the | ||||||
14 | parent is an adherent or member, and for children who should | ||||||
15 | not be subjected to immunization for clinical reasons. | ||||||
16 | (g) The Department of Early Childhood, in cooperation with | ||||||
17 | the Department of Public Health, shall work to increase | ||||||
18 | immunization awareness and participation among parents of | ||||||
19 | children enrolled in day care centers and day care homes by | ||||||
20 | publishing on the Department of Early Childhood's website | ||||||
21 | information about the benefits of immunization against vaccine | ||||||
22 | preventable diseases, including influenza and pertussis. The | ||||||
23 | information for vaccine preventable diseases shall include the | ||||||
24 | incidence and severity of the diseases, the availability of | ||||||
25 | vaccines, and the importance of immunizing children and | ||||||
26 | persons who frequently have close contact with children. The |
| |||||||
| |||||||
1 | website content shall be reviewed annually in collaboration | ||||||
2 | with the Department of Public Health to reflect the most | ||||||
3 | current recommendations of the Advisory Committee on | ||||||
4 | Immunization Practices (ACIP). The Department of Early | ||||||
5 | Childhood shall work with day care centers and day care homes | ||||||
6 | licensed under this Act to ensure that the information is | ||||||
7 | annually distributed to parents in August or September. | ||||||
8 | (h) Any standard adopted by the Department of Early | ||||||
9 | Childhood that requires an applicant for a license to operate | ||||||
10 | a day care home to include a copy of a high school diploma or | ||||||
11 | equivalent certificate with the person's application shall be | ||||||
12 | deemed to be satisfied if the applicant includes a copy of a | ||||||
13 | high school diploma or equivalent certificate or a copy of a | ||||||
14 | degree from an accredited institution of higher education or | ||||||
15 | vocational institution or equivalent certificate. | ||||||
16 | (225 ILCS 10/7.2) (from Ch. 23, par. 2217.2) | ||||||
17 | Sec. 7.2. Employer discrimination. | ||||||
18 | (a) For purposes of this Section : , | ||||||
19 | "Employer" "employer" means a licensee or holder of a | ||||||
20 | permit subject to this Act. | ||||||
21 | "Employee" means an employee of such an employer. | ||||||
22 | (b) No employer shall discharge, demote , or suspend, or | ||||||
23 | threaten to discharge, demote , or suspend, or in any manner | ||||||
24 | discriminate against any employee who: | ||||||
25 | (1) Makes any good faith oral or written complaint of |
| |||||||
| |||||||
1 | any employer's violation of any licensing or other laws | ||||||
2 | (including , but not limited to , laws concerning child | ||||||
3 | abuse or the transportation of children) which may result | ||||||
4 | in closure of the facility pursuant to Section 11.2 or | ||||||
5 | 11.3 of this Act to the Department of Children and Family | ||||||
6 | Services or the Department of Early Childhood or other | ||||||
7 | agency having statutory responsibility for the enforcement | ||||||
8 | of such laws or to the employer or representative of the | ||||||
9 | employer; | ||||||
10 | (2) Institutes or causes to be instituted against any | ||||||
11 | employer any proceeding concerning the violation of any | ||||||
12 | licensing or other laws, including a proceeding to revoke | ||||||
13 | or to refuse to renew a license under Section 9 or 9.01 of | ||||||
14 | this Act; | ||||||
15 | (3) Is or will be a witness or testify in any | ||||||
16 | proceeding concerning the violation of any licensing or | ||||||
17 | other laws, including a proceeding to revoke or to refuse | ||||||
18 | to renew a license under Section 9 or 9.01 of this Act; or | ||||||
19 | (4) Refuses to perform work in violation of a | ||||||
20 | licensing or other law or regulation after notifying the | ||||||
21 | employer of the violation. | ||||||
22 | (c)(1) A claim by an employee alleging an employer's | ||||||
23 | violation of subsection (b) of this Section shall be presented | ||||||
24 | to the employer within 30 days after the date of the action | ||||||
25 | complained of and shall be filed with the Department of Labor | ||||||
26 | within 60 days after the date of the action complained of. |
| |||||||
| |||||||
1 | (2) Upon receipt of the complaint, the Department of Labor | ||||||
2 | shall conduct whatever investigation it deems appropriate, and | ||||||
3 | may hold a hearing. After investigation or hearing, the | ||||||
4 | Department of Labor shall determine whether the employer has | ||||||
5 | violated subsection (b) of this Section and it shall notify | ||||||
6 | the employer and the employee of its determination. | ||||||
7 | (3) If the Department of Labor determines that the | ||||||
8 | employer has violated subsection (b) of this Section, and the | ||||||
9 | employer refuses to take remedial action to comply with the | ||||||
10 | determination, the Department of Labor shall so notify the | ||||||
11 | Attorney General, who shall bring an action against the | ||||||
12 | employer in the circuit court seeking enforcement of its | ||||||
13 | determination. The court may order any appropriate relief, | ||||||
14 | including rehiring and reinstatement of the employee to the | ||||||
15 | person's former position with backpay and other benefits. | ||||||
16 | (d) Except for any grievance procedure, arbitration , or | ||||||
17 | hearing which is available to the employee pursuant to a | ||||||
18 | collective bargaining agreement, this Section shall be the | ||||||
19 | exclusive remedy for an employee complaining of any action | ||||||
20 | described in subsection (b). | ||||||
21 | (e) Any employer who willfully refuses to rehire, promote , | ||||||
22 | or otherwise restore an employee or former employee who has | ||||||
23 | been determined eligible for rehiring or promotion as a result | ||||||
24 | of any grievance procedure, arbitration , or hearing authorized | ||||||
25 | by law shall be guilty of a Class A misdemeanor. | ||||||
26 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.) |
| |||||||
| |||||||
1 | (225 ILCS 10/7.10) | ||||||
2 | Sec. 7.10. Progress report. | ||||||
3 | (a) For the purposes of this Section, "child day care | ||||||
4 | licensing" or "day care licensing" means licensing of day care | ||||||
5 | centers, day care homes, and group day care homes. | ||||||
6 | (b) No later than September 30th of each year, the | ||||||
7 | Department of Early Childhood shall provide the General | ||||||
8 | Assembly with a comprehensive report on its progress in | ||||||
9 | meeting performance measures and goals related to child day | ||||||
10 | care licensing. | ||||||
11 | (c) The report shall include: | ||||||
12 | (1) details on the funding for child day care | ||||||
13 | licensing, including: | ||||||
14 | (A) the total number of full-time employees | ||||||
15 | working on child day care licensing; | ||||||
16 | (B) the names of all sources of revenue used to | ||||||
17 | support child day care licensing; | ||||||
18 | (C) the amount of expenditures that is claimed | ||||||
19 | against federal funding sources; | ||||||
20 | (D) the identity of federal funding sources; and | ||||||
21 | (E) how funds are appropriated, including | ||||||
22 | appropriations for line staff, support staff, | ||||||
23 | supervisory staff, and training and other expenses and | ||||||
24 | the funding history of such licensing since fiscal | ||||||
25 | year 2010; |
| |||||||
| |||||||
1 | (2) current staffing qualifications of day care | ||||||
2 | licensing representatives and day care licensing | ||||||
3 | supervisors in comparison with staffing qualifications | ||||||
4 | specified in the job description; | ||||||
5 | (3) data history for fiscal year 2010 to the current | ||||||
6 | fiscal year on day care licensing representative caseloads | ||||||
7 | and staffing levels in all areas of the State; | ||||||
8 | (4) per the DCFS Child Day Care Licensing Advisory | ||||||
9 | Council's work plan, quarterly data on the following | ||||||
10 | measures: | ||||||
11 | (A) the percentage of new applications disposed of | ||||||
12 | within 90 days; | ||||||
13 | (B) the percentage of licenses renewed on time; | ||||||
14 | (C) the percentage of day care centers receiving | ||||||
15 | timely annual monitoring visits; | ||||||
16 | (D) the percentage of day care homes receiving | ||||||
17 | timely annual monitoring visits; | ||||||
18 | (E) the percentage of group day care homes | ||||||
19 | receiving timely annual monitoring visits; | ||||||
20 | (F) the percentage of provider requests for | ||||||
21 | supervisory review; | ||||||
22 | (G) the progress on adopting a key indicator | ||||||
23 | system; | ||||||
24 | (H) the percentage of complaints disposed of | ||||||
25 | within 30 days; | ||||||
26 | (I) the average number of days a day care center |
| |||||||
| |||||||
1 | applicant must wait to attend a licensing orientation; | ||||||
2 | (J) the number of licensing orientation sessions | ||||||
3 | available per region in the past year; and | ||||||
4 | (K) the number of Department of Early Childhood | ||||||
5 | trainings related to licensing and child development | ||||||
6 | available to providers in the past year; and | ||||||
7 | (5) efforts to coordinate with the Department of Human | ||||||
8 | Services and the State Board of Education on professional | ||||||
9 | development, credentialing issues, and child developers, | ||||||
10 | including training registry, child developers, and Quality | ||||||
11 | Rating and Improvement Systems (QRIS). | ||||||
12 | (d) The Department of Early Childhood shall work with the | ||||||
13 | Governor's appointed Early Learning Council on issues related | ||||||
14 | to and concerning child day care. | ||||||
15 | (Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15 .) | ||||||
16 | (225 ILCS 10/8) (from Ch. 23, par. 2218) | ||||||
17 | Sec. 8. The Department may revoke or refuse to renew the | ||||||
18 | license of any child care facility (other than a day care | ||||||
19 | center, day care home, or group day care home) or child welfare | ||||||
20 | agency or refuse to issue full license to the holder of a | ||||||
21 | permit should the licensee or holder of a permit: | ||||||
22 | (1) fail to maintain standards prescribed and | ||||||
23 | published by the Department; | ||||||
24 | (2) violate any of the provisions of the license | ||||||
25 | issued; |
| |||||||
| |||||||
1 | (3) furnish or make any misleading or any false | ||||||
2 | statement or report to the Department; | ||||||
3 | (4) refuse to submit to the Department any reports or | ||||||
4 | refuse to make available to the Department any records | ||||||
5 | required by the Department in making investigation of the | ||||||
6 | facility for licensing purposes; | ||||||
7 | (5) fail or refuse to submit to an investigation by | ||||||
8 | the Department; | ||||||
9 | (6) fail or refuse to admit authorized representatives | ||||||
10 | of the Department at any reasonable time for the purpose | ||||||
11 | of investigation; | ||||||
12 | (7) fail to provide, maintain, equip and keep in safe | ||||||
13 | and sanitary condition premises established or used for | ||||||
14 | child care as required under standards prescribed by the | ||||||
15 | Department, or as otherwise required by any law, | ||||||
16 | regulation or ordinance applicable to the location of such | ||||||
17 | facility; | ||||||
18 | (8) refuse to display its license or permit; | ||||||
19 | (9) be the subject of an indicated report under | ||||||
20 | Section 3 of the Abused and Neglected Child Reporting Act | ||||||
21 | or fail to discharge or sever affiliation with the child | ||||||
22 | care facility of an employee or volunteer at the facility | ||||||
23 | with direct contact with children who is the subject of an | ||||||
24 | indicated report under Section 3 of that Act; | ||||||
25 | (10) fail to comply with the provisions of Section | ||||||
26 | 7.1; |
| |||||||
| |||||||
1 | (11) fail to exercise reasonable care in the hiring, | ||||||
2 | training and supervision of facility personnel; | ||||||
3 | (12) fail to report suspected abuse or neglect of | ||||||
4 | children within the facility, as required by the Abused | ||||||
5 | and Neglected Child Reporting Act; | ||||||
6 | (12.5) fail to comply with subsection (c-5) of Section | ||||||
7 | 7.4; | ||||||
8 | (13) fail to comply with Section 5.1 or 5.2 of this | ||||||
9 | Act; or | ||||||
10 | (14) be identified in an investigation by the | ||||||
11 | Department as a person with a substance use disorder, as | ||||||
12 | defined in the Substance Use Disorder Act, or be a person | ||||||
13 | whom the Department knows has abused alcohol or drugs, and | ||||||
14 | has not successfully participated in treatment, self-help | ||||||
15 | groups or other suitable activities, and the Department | ||||||
16 | determines that because of such abuse the licensee, holder | ||||||
17 | of the permit, or any other person directly responsible | ||||||
18 | for the care and welfare of the children served, does not | ||||||
19 | comply with standards relating to character, suitability | ||||||
20 | or other qualifications established under Section 7 of | ||||||
21 | this Act. | ||||||
22 | (Source: P.A. 100-759, eff. 1-1-19 .) | ||||||
23 | (225 ILCS 10/8a new) | ||||||
24 | Sec. 8a. Grounds for revocation or refusal to renew | ||||||
25 | license; Department of Early Childhood. The Department of |
| |||||||
| |||||||
1 | Early Childhood may revoke or refuse to renew the license of | ||||||
2 | any day care center, day care home, or group day care home or | ||||||
3 | refuse to issue full license to the holder of a permit should | ||||||
4 | the licensee or holder of a permit: | ||||||
5 | (1) fail to maintain standards prescribed and | ||||||
6 | published by the Department of Early Childhood; | ||||||
7 | (2) violate any of the provisions of the license | ||||||
8 | issued; | ||||||
9 | (3) furnish or make any misleading or any false | ||||||
10 | statement or report to the Department of Early Childhood; | ||||||
11 | (4) refuse to submit Department of Early Childhood any | ||||||
12 | reports or refuse to make available Department of Early | ||||||
13 | Childhood any records required by the Department of Early | ||||||
14 | Childhood in making investigation of the facility for | ||||||
15 | licensing purposes; | ||||||
16 | (5) fail or refuse to submit to an investigation by | ||||||
17 | the Department of Early Childhood; | ||||||
18 | (6) fail or refuse to admit authorized representatives | ||||||
19 | of the Department of Early Childhood at any reasonable | ||||||
20 | time for the purpose of investigation; | ||||||
21 | (7) fail to provide, maintain, equip and keep in safe | ||||||
22 | and sanitary condition premises established or used for | ||||||
23 | child care as required under standards prescribed by the | ||||||
24 | Department of Early Childhood or as otherwise required by | ||||||
25 | any law, regulation or ordinance applicable to the | ||||||
26 | location of such facility; |
| |||||||
| |||||||
1 | (8) refuse to display its license or permit; | ||||||
2 | (9) be the subject of an indicated report under | ||||||
3 | Section 3 of the Abused and Neglected Child Reporting Act | ||||||
4 | or fail to discharge or sever affiliation with the day | ||||||
5 | care center, day care home, or group day care home of an | ||||||
6 | employee or volunteer at the day care center, day care | ||||||
7 | home, or group day care home with direct contact with | ||||||
8 | children who is the subject of an indicated report under | ||||||
9 | Section 3 of that Act; | ||||||
10 | (10) fail to comply with the provisions of Section | ||||||
11 | 7.1; | ||||||
12 | (11) fail to exercise reasonable care in the hiring, | ||||||
13 | training and supervision of facility personnel; | ||||||
14 | (12) fail to report suspected abuse or neglect of | ||||||
15 | children within the facility, as required by the Abused | ||||||
16 | and Neglected Child Reporting Act; | ||||||
17 | (12.5) fail to comply with subsection (c-5) of Section | ||||||
18 | 7.4; | ||||||
19 | (13) fail to comply with Section 5.1 or 5.2 of this | ||||||
20 | Act; or | ||||||
21 | (14) be identified in an investigation by the | ||||||
22 | Department of Early Childhood as a person with a substance | ||||||
23 | use disorder, as defined in the Substance Use Disorder | ||||||
24 | Act, or be a person whom the Department of Early Childhood | ||||||
25 | knows has abused alcohol or drugs, and has not | ||||||
26 | successfully participated in treatment, self-help groups |
| |||||||
| |||||||
1 | or other suitable activities, and the Department of Early | ||||||
2 | Childhood determines that because of such abuse the | ||||||
3 | licensee, holder of the permit, or any other person | ||||||
4 | directly responsible for the care and welfare of the | ||||||
5 | children served, does not comply with standards relating | ||||||
6 | to character, suitability or other qualifications | ||||||
7 | established under Section 7.01 of this Act. | ||||||
8 | (225 ILCS 10/8.1) (from Ch. 23, par. 2218.1) | ||||||
9 | Sec. 8.1. The Department shall revoke or refuse to renew | ||||||
10 | the license of any child care facility (other than a day care | ||||||
11 | center, day care home, or group day care home) or refuse to | ||||||
12 | issue a full license to the holder of a permit should the | ||||||
13 | licensee or holder of a permit: | ||||||
14 | (1) fail to correct any condition which jeopardizes the | ||||||
15 | health, safety, morals, or welfare of children served by the | ||||||
16 | facility; | ||||||
17 | (2) fail to correct any condition or occurrence relating | ||||||
18 | to the operation or maintenance of the facility comprising a | ||||||
19 | violation under Section 8 of this Act; or | ||||||
20 | (3) fail to maintain financial resources adequate for the | ||||||
21 | satisfactory care of children served in regard to upkeep of | ||||||
22 | premises, and provisions for personal care, medical services, | ||||||
23 | clothing, education and other essentials in the proper care, | ||||||
24 | rearing and training of children. | ||||||
25 | (Source: P.A. 83-1362.) |
| |||||||
| |||||||
1 | (225 ILCS 10/8.1a new) | ||||||
2 | Sec. 8.1a. Other grounds for revocation or refusal to | ||||||
3 | renew license; Department of Early Childhood. The Department | ||||||
4 | of Early Childhood shall revoke or refuse to renew the license | ||||||
5 | of any day care center, day care home, or group day care home | ||||||
6 | or refuse to issue a full license to the holder of a permit | ||||||
7 | should the licensee or holder of a permit: | ||||||
8 | (1) fail to correct any condition which jeopardizes | ||||||
9 | the health, safety, morals, or welfare of children served | ||||||
10 | by the facility; | ||||||
11 | (2) fail to correct any condition or occurrence | ||||||
12 | relating to the operation or maintenance of the facility | ||||||
13 | comprising a violation under Section 8a of this Act; or | ||||||
14 | (3) fail to maintain financial resources adequate for | ||||||
15 | the satisfactory care of children served in regard to | ||||||
16 | upkeep of premises, and provisions for personal care, | ||||||
17 | medical services, clothing, education and other essentials | ||||||
18 | in the proper care, rearing and training of children. | ||||||
19 | (225 ILCS 10/8.2) (from Ch. 23, par. 2218.2) | ||||||
20 | Sec. 8.2. The Department may issue a conditional license | ||||||
21 | to any child care facility (other than a day care center, day | ||||||
22 | care home, or group day care home) which currently is licensed | ||||||
23 | under this Act. The conditional license shall be a | ||||||
24 | nonrenewable license for a period of 6 months and the |
| |||||||
| |||||||
1 | Department shall revoke any other license held by the | ||||||
2 | conditionally licensed facility. Conditional licenses shall | ||||||
3 | only be granted to facilities where no threat to the health, | ||||||
4 | safety, morals or welfare of the children served exists. A | ||||||
5 | complete listing of deficiencies and a corrective plan | ||||||
6 | approved by the Department shall be in existence at the time a | ||||||
7 | conditional license is issued. Failure by the facility to | ||||||
8 | correct the deficiencies or meet all licensing standards at | ||||||
9 | the end of the conditional license period shall result in | ||||||
10 | immediate revocation of or refusal to renew the facility's | ||||||
11 | license as provided in Section 8.1 of this Act. | ||||||
12 | (Source: P.A. 85-216.) | ||||||
13 | (225 ILCS 10/8.2a new) | ||||||
14 | Sec. 8.2a. Conditional license; Department of Early | ||||||
15 | Childhood. The Department of Early Childhood may issue a | ||||||
16 | conditional license to any day care center, day care home, or | ||||||
17 | group day care home which currently is licensed under this | ||||||
18 | Act. The conditional license shall be a nonrenewable license | ||||||
19 | for a period of 6 months and the Department of Early Childhood | ||||||
20 | shall revoke any other license held by the conditionally | ||||||
21 | licensed facility. Conditional licenses shall only be granted | ||||||
22 | to facilities where no threat to the health, safety, morals or | ||||||
23 | welfare of the children served exists. A complete listing of | ||||||
24 | deficiencies and a corrective plan approved by the Department | ||||||
25 | of Early Childhood shall be in existence at the time a |
| |||||||
| |||||||
1 | conditional license is issued. Failure by the facility to | ||||||
2 | correct the deficiencies or meet all licensing standards at | ||||||
3 | the end of the conditional license period shall result in | ||||||
4 | immediate revocation of or refusal to renew the facility's | ||||||
5 | license as provided in Section 8.1a of this Act. | ||||||
6 | (225 ILCS 10/8.5) | ||||||
7 | Sec. 8.5. Reporting suspected abuse or neglect ; Department | ||||||
8 | of Children and Family Services . The Department shall address | ||||||
9 | through rules and procedures the failure of individual staff | ||||||
10 | at child care facilities (other than a day care center, day | ||||||
11 | care home, or group day care home) or child welfare agencies to | ||||||
12 | report suspected abuse or neglect of children within the child | ||||||
13 | care facility as required by the Abused and Neglected Child | ||||||
14 | Reporting Act. | ||||||
15 | The rules and procedures shall include provisions for when | ||||||
16 | the Department learns of the child care facility's staff's | ||||||
17 | failure to report suspected abuse or neglect of children and | ||||||
18 | the actions the Department will take to (i) ensure that the | ||||||
19 | child care facility takes immediate action with the individual | ||||||
20 | staff involved and (ii) investigate whether the failure to | ||||||
21 | report suspected abuse and neglect was a single incident or | ||||||
22 | part of a larger incident involving additional staff members | ||||||
23 | who failed to report, or whether the failure to report | ||||||
24 | suspected abuse and neglect is a system-wide problem within | ||||||
25 | the child care facility or child welfare agency. The rules and |
| |||||||
| |||||||
1 | procedures shall also include the use of corrective action | ||||||
2 | plans and the use of supervisory teams to review staff and | ||||||
3 | facility understanding of their reporting requirements. | ||||||
4 | The Department shall adopt rules by July 1, 2016. | ||||||
5 | (Source: P.A. 99-350, eff. 1-1-16 .) | ||||||
6 | (225 ILCS 10/8.6 new) | ||||||
7 | Sec. 8.6. Reporting suspected abuse or neglect; Department | ||||||
8 | of Early Childhood. The Department of Early Childhood shall | ||||||
9 | address through rules and procedures the failure of individual | ||||||
10 | staff at day care centers, day care homes, and group day care | ||||||
11 | homes to report suspected abuse or neglect of children within | ||||||
12 | the child care facility as required by the Abused and | ||||||
13 | Neglected Child Reporting Act. | ||||||
14 | The rules and procedures shall include provisions for when | ||||||
15 | the Department of Early Childhood learns of the child care | ||||||
16 | facility's staff's failure to report suspected abuse or | ||||||
17 | neglect of children and the actions the Department of Early | ||||||
18 | Childhood will take to (i) ensure that the child care facility | ||||||
19 | takes immediate action with the individual staff involved and | ||||||
20 | (ii) investigate whether the failure to report suspected abuse | ||||||
21 | and neglect was a single incident or part of a larger incident | ||||||
22 | involving additional staff members who failed to report, or | ||||||
23 | whether the failure to report suspected abuse and neglect is a | ||||||
24 | system-wide problem within the child care facility. The rules | ||||||
25 | and procedures shall also include the use of corrective action |
| |||||||
| |||||||
1 | plans and the use of supervisory teams to review staff and | ||||||
2 | facility understanding of their reporting requirements. | ||||||
3 | The Department of Early Childhood shall adopt rules to | ||||||
4 | administer this Section. | ||||||
5 | (225 ILCS 10/9) (from Ch. 23, par. 2219) | ||||||
6 | Sec. 9. Prior to revocation or refusal to renew a license | ||||||
7 | (other than a license of a day care center, day care home, or | ||||||
8 | group day care home) , the Department shall notify the licensee | ||||||
9 | by registered mail with postage prepaid, at the address | ||||||
10 | specified on the license, or at the address of the ranking or | ||||||
11 | presiding officer of a board of directors, or any equivalent | ||||||
12 | body conducting a child care facility, of the contemplated | ||||||
13 | action and that the licensee may, within 10 days of such | ||||||
14 | notification, dating from the postmark of the registered mail, | ||||||
15 | request in writing a public hearing before the Department, | ||||||
16 | and, at the same time, may request a written statement of | ||||||
17 | charges from the Department. | ||||||
18 | (a) Upon written request by the licensee, the Department | ||||||
19 | shall furnish such written statement of charges, and, at the | ||||||
20 | same time, shall set the date and place for the hearing. The | ||||||
21 | charges and notice of the hearing shall be delivered by | ||||||
22 | registered mail with postage prepaid, and the hearing must be | ||||||
23 | held within 30 days, dating from the date of the postmark of | ||||||
24 | the registered mail, except that notification must be made at | ||||||
25 | least 15 days in advance of the date set for the hearing. |
| |||||||
| |||||||
1 | (b) If no request for a hearing is made within 10 days | ||||||
2 | after notification, or if the Department determines, upon | ||||||
3 | holding a hearing, that the license should be revoked or | ||||||
4 | renewal denied, then the license shall be revoked or renewal | ||||||
5 | denied. | ||||||
6 | (c) Upon the hearing of proceedings in which the license | ||||||
7 | is revoked, renewal of license is refused or full license is | ||||||
8 | denied, the Director of the Department, or any officer or | ||||||
9 | employee duly authorized by the Director in writing, may | ||||||
10 | administer oaths and the Department may procure, by its | ||||||
11 | subpoena, the attendance of witnesses and the production of | ||||||
12 | relevant books and papers. | ||||||
13 | (d) At the time and place designated, the Director of the | ||||||
14 | Department or the officer or employee authorized by the | ||||||
15 | Director in writing, shall hear the charges, and both the | ||||||
16 | Department and the licensee shall be allowed to present in | ||||||
17 | person or by counsel such statements, testimony and evidence | ||||||
18 | as may be pertinent to the charges or to the defense thereto. | ||||||
19 | The hearing officer may continue such hearing from time to | ||||||
20 | time, but not to exceed a single period of 30 days, unless | ||||||
21 | special extenuating circumstances make further continuance | ||||||
22 | feasible. | ||||||
23 | (Source: P.A. 103-22, eff. 8-8-23.) | ||||||
24 | (225 ILCS 10/9.01 new) | ||||||
25 | Sec. 9.01. Revocation or refusal to renew a license; |
| |||||||
| |||||||
1 | Department of Early Childhood. Prior to revocation or refusal | ||||||
2 | to renew a license of a day care center, day care home, or | ||||||
3 | group day care home, the Department of Early Childhood shall | ||||||
4 | notify the licensee by registered mail with postage prepaid, | ||||||
5 | at the address specified on the license, or at the address of | ||||||
6 | the ranking or presiding officer of a board of directors, or | ||||||
7 | any equivalent body conducting a day care center, day care | ||||||
8 | home, or group day care home, of the contemplated action and | ||||||
9 | that the licensee may, within 10 days of such notification, | ||||||
10 | dating from the postmark of the registered mail, request in | ||||||
11 | writing a public hearing before the Department of Early | ||||||
12 | Childhood, and, at the same time, may request a written | ||||||
13 | statement of charges from the Department of Early Childhood. | ||||||
14 | (a) Upon written request by the licensee, the Department | ||||||
15 | of Early Childhood shall furnish such written statement of | ||||||
16 | charges, and, at the same time, shall set the date and place | ||||||
17 | for the hearing. The charges and notice of the hearing shall be | ||||||
18 | delivered by registered mail with postage prepaid, and the | ||||||
19 | hearing must be held within 30 days, dating from the date of | ||||||
20 | the postmark of the registered mail, except that notification | ||||||
21 | must be made at least 15 days in advance of the date set for | ||||||
22 | the hearing. | ||||||
23 | (b) If no request for a hearing is made within 10 days | ||||||
24 | after notification, or if the Department of Early Childhood | ||||||
25 | determines, upon holding a hearing, that the license should be | ||||||
26 | revoked or renewal denied, then the license shall be revoked |
| |||||||
| |||||||
1 | or renewal denied. | ||||||
2 | (c) Upon the hearing of proceedings in which the license | ||||||
3 | is revoked, renewal of license is refused, or full license is | ||||||
4 | denied, the Secretary of Early Childhood, or any officer or | ||||||
5 | employee duly authorized by the Secretary in writing, may | ||||||
6 | administer oaths and the Department of Early Childhood may | ||||||
7 | procure, by its subpoena, the attendance of witnesses and the | ||||||
8 | production of relevant books and papers. | ||||||
9 | (d) At the time and place designated, the Secretary of | ||||||
10 | Early Childhood or the officer or employee authorized by the | ||||||
11 | Secretary in writing shall hear the charges, and both the | ||||||
12 | Department of Early Childhood and the licensee shall be | ||||||
13 | allowed to present in person or by counsel such statements, | ||||||
14 | testimony, and evidence as may be pertinent to the charges or | ||||||
15 | to the defense thereto. The hearing officer may continue such | ||||||
16 | hearing from time to time, but not to exceed a single period of | ||||||
17 | 30 days, unless special extenuating circumstances make further | ||||||
18 | continuance feasible. | ||||||
19 | (225 ILCS 10/9.1) (from Ch. 23, par. 2219.1) | ||||||
20 | Sec. 9.1. Before the Department of Children and Family | ||||||
21 | Services or the Department of Early Childhood initiates a | ||||||
22 | full-scale investigation of any complaint received regarding a | ||||||
23 | child care facility the Department may, when appropriate, | ||||||
24 | provide procedures for the substantiation of the complaint. | ||||||
25 | (Source: P.A. 87-265.) |
| |||||||
| |||||||
1 | (225 ILCS 10/9.1c) | ||||||
2 | Sec. 9.1c. Public database of day care homes, group day | ||||||
3 | care homes, and day care centers; license status. The No later | ||||||
4 | than July 1, 2018, the Department of Early Childhood shall | ||||||
5 | establish and maintain on its official website a searchable | ||||||
6 | database, freely accessible to the public, that provides the | ||||||
7 | following information on each day care home, group day care | ||||||
8 | home, and day care center licensed by the Department of Early | ||||||
9 | Childhood : whether, within the past 5 years, the day care | ||||||
10 | home, group day care home, or day care center has had its | ||||||
11 | license revoked by or surrendered to the Department of | ||||||
12 | Children and Family Services or the Department of Early | ||||||
13 | Childhood during a child abuse or neglect investigation or its | ||||||
14 | application for a renewal of its license was denied by the | ||||||
15 | Department of Children and Family Services or the Department | ||||||
16 | of Early Childhood , and, if so, the dates upon which the | ||||||
17 | license was revoked by or surrendered to the Department of | ||||||
18 | Children and Family Services or the Department of Early | ||||||
19 | Childhood or the application for a renewal of the license was | ||||||
20 | denied by the Department of Children and Family Services or | ||||||
21 | the Department of Early Childhood . The Department of Early | ||||||
22 | Childhood may adopt any rules necessary to implement this | ||||||
23 | Section. Nothing in this Section shall be construed to allow | ||||||
24 | or authorize the Department of Early Childhood to release or | ||||||
25 | disclose any information that is prohibited from public |
| |||||||
| |||||||
1 | disclosure under this Act or under any other State or federal | ||||||
2 | law. | ||||||
3 | (Source: P.A. 100-52, eff. 1-1-18 .) | ||||||
4 | (225 ILCS 10/9.2) | ||||||
5 | Sec. 9.2. Toll free number; day care information. The | ||||||
6 | Department of Children and Family Services and the Department | ||||||
7 | of Early Childhood shall establish and maintain a statewide | ||||||
8 | toll-free telephone numbers number that all persons may use to | ||||||
9 | inquire about the past history and record of a day care | ||||||
10 | facility operating in this State under the jurisdiction of | ||||||
11 | each of the Departments . The past history and record shall | ||||||
12 | include, but shall not be limited to, Department substantiated | ||||||
13 | complaints by each Department against a day care facility and | ||||||
14 | Department staff findings by each Department of license | ||||||
15 | violations by a day care facility. Information disclosed in | ||||||
16 | accordance with this Section shall be subject to the | ||||||
17 | confidentiality requirements provided in this Act. | ||||||
18 | (Source: P.A. 90-671, eff. 1-1-99.) | ||||||
19 | (225 ILCS 10/10) (from Ch. 23, par. 2220) | ||||||
20 | Sec. 10. Any circuit court, upon application either of the | ||||||
21 | person requesting a hearing or of the Department of Children | ||||||
22 | and Family Services or the Department of Early Childhood , may | ||||||
23 | require the attendance of witnesses and the production of | ||||||
24 | relevant books and papers before the Department of Children |
| |||||||
| |||||||
1 | and Family Services or the Department of Early Childhood in | ||||||
2 | any hearing relating to the refusal or revocation of licenses. | ||||||
3 | The refusal or neglect to obey the order of the court | ||||||
4 | compelling the attendance or production, is punishable as in | ||||||
5 | other cases of contempt. | ||||||
6 | (Source: P.A. 83-334.) | ||||||
7 | (225 ILCS 10/11) (from Ch. 23, par. 2221) | ||||||
8 | Sec. 11. Whenever the Department of Children and Family | ||||||
9 | Services or the Department of Early Childhood is advised, or | ||||||
10 | has reason to believe, that any person, group of persons or | ||||||
11 | corporation is operating a child welfare agency or a child | ||||||
12 | care facility without a license or permit, it shall make an | ||||||
13 | investigation to ascertain the facts. If the Department is | ||||||
14 | denied access, it shall request intervention of local, county | ||||||
15 | or State law enforcement agencies to seek an appropriate court | ||||||
16 | order or warrant to examine the premises. A person or entity | ||||||
17 | preventing the Department of Children and Family Services or | ||||||
18 | the Department of Early Childhood from carrying out its duties | ||||||
19 | under this Section shall be guilty of a violation of this Act | ||||||
20 | and shall be subject to such penalties related thereto. If the | ||||||
21 | Department of Children and Family Services or the Department | ||||||
22 | of Early Childhood it finds that the child welfare agency or | ||||||
23 | child care facility is being, or has been operated without a | ||||||
24 | license or permit, it shall report the results of its | ||||||
25 | investigation to the Attorney General, and to the appropriate |
| |||||||
| |||||||
1 | State's Attorney for investigation and, if appropriate, | ||||||
2 | prosecution. | ||||||
3 | Operating a child welfare agency or child care facility | ||||||
4 | without a license constitutes a Class A misdemeanor, followed | ||||||
5 | by a business offense, if the operator continues to operate | ||||||
6 | the facility and no effort is made to obtain a license. The | ||||||
7 | business offense fine shall not exceed $10,000 and each day of | ||||||
8 | a violation is a separate offense. | ||||||
9 | (Source: P.A. 94-586, eff. 8-15-05.) | ||||||
10 | (225 ILCS 10/11.1) (from Ch. 23, par. 2221.1) | ||||||
11 | Sec. 11.1. Referrals to law enforcement. | ||||||
12 | (a) If the Department of Children and Family Services or | ||||||
13 | the Department of Early Childhood has reasonable cause to | ||||||
14 | believe that any person, group of persons, corporation, | ||||||
15 | agency, association, organization, institution, center, or | ||||||
16 | group is engaged or about to engage in any acts or practices | ||||||
17 | that constitute or will constitute a violation of this Act, | ||||||
18 | the Department shall inform the Attorney General or the | ||||||
19 | State's Attorney of the appropriate county, who may initiate | ||||||
20 | the appropriate civil or criminal proceedings. Upon a proper | ||||||
21 | showing, any circuit court may enter a permanent or | ||||||
22 | preliminary injunction or temporary restraining order without | ||||||
23 | bond to enforce this Act or any rule or regulation prescribed | ||||||
24 | thereunder in addition to the penalties and other remedies | ||||||
25 | provided in this Act. |
| |||||||
| |||||||
1 | (b) If the Department has reasonable cause to believe that | ||||||
2 | any person, group of persons, corporation, agency, | ||||||
3 | association, organization, institution, center, or group is | ||||||
4 | engaged or is about to engage in any act or practice that | ||||||
5 | constitutes or may constitute a violation of any rule adopted | ||||||
6 | under the authority of this Act, the Department may inform the | ||||||
7 | Attorney General or the State's Attorney of the appropriate | ||||||
8 | county, who may initiate the appropriate civil or criminal | ||||||
9 | proceedings. Upon a proper showing, any circuit court may | ||||||
10 | enter a permanent or preliminary injunction or temporary | ||||||
11 | restraining order without bond to enforce this Act or any rule | ||||||
12 | prescribed under this Act, in addition to the penalties and | ||||||
13 | other remedies provided in this Act. | ||||||
14 | (Source: P.A. 94-586, eff. 8-15-05.) | ||||||
15 | (225 ILCS 10/11.1a new) | ||||||
16 | Sec. 11.1a. Referrals to law enforcement; Department of | ||||||
17 | Early Childhood. | ||||||
18 | (a) If the Department of Early Childhood has reasonable | ||||||
19 | cause to believe that any person, group of persons, | ||||||
20 | corporation, agency, association, organization, institution, | ||||||
21 | center, or group is engaged or about to engage in any acts or | ||||||
22 | practices that constitute or will constitute a violation of | ||||||
23 | this Act, the Department of Early Childhood shall inform the | ||||||
24 | Attorney General or the State's Attorney of the appropriate | ||||||
25 | county, who may initiate the appropriate civil or criminal |
| |||||||
| |||||||
1 | proceedings. Upon a proper showing, any circuit court may | ||||||
2 | enter a permanent or preliminary injunction or temporary | ||||||
3 | restraining order without bond to enforce this Act or any rule | ||||||
4 | or regulation prescribed thereunder in addition to the | ||||||
5 | penalties and other remedies provided in this Act. | ||||||
6 | (b) If the Department of Early Childhood has reasonable | ||||||
7 | cause to believe that any person, group of persons, | ||||||
8 | corporation, agency, association, organization, institution, | ||||||
9 | center, or group is engaged or is about to engage in any act or | ||||||
10 | practice that constitutes or may constitute a violation of any | ||||||
11 | rule adopted under the authority of this Act, the Department | ||||||
12 | of Early Childhood may inform the Attorney General or the | ||||||
13 | State's Attorney of the appropriate county, who may initiate | ||||||
14 | the appropriate civil or criminal proceedings. Upon a proper | ||||||
15 | showing, any circuit court may enter a permanent or | ||||||
16 | preliminary injunction or temporary restraining order without | ||||||
17 | bond to enforce this Act or any rule prescribed under this Act, | ||||||
18 | in addition to the penalties and other remedies provided in | ||||||
19 | this Act. | ||||||
20 | (225 ILCS 10/11.2) (from Ch. 23, par. 2221.2) | ||||||
21 | Sec. 11.2. Whenever the Department expressly finds that | ||||||
22 | the continued operation of a child care facility, including | ||||||
23 | such facilities defined in Section 2.10 and unlicensed | ||||||
24 | facilities, jeopardizes the health, safety, morals, or welfare | ||||||
25 | of children served by the facility, the Department shall issue |
| |||||||
| |||||||
1 | an order of closure directing that the operation of the | ||||||
2 | facility terminate immediately, and, if applicable, shall | ||||||
3 | initiate revocation proceedings under Section 9 within ten | ||||||
4 | working days. A facility closed under this Section may not | ||||||
5 | operate during the pendency of any proceeding for the judicial | ||||||
6 | review of the decision of the Department to issue an order of | ||||||
7 | closure or to revoke or refuse to renew the license, except | ||||||
8 | under court order. | ||||||
9 | This Section does not apply to unlicensed facilities that | ||||||
10 | qualify for an exemption under Section 2.10, day care centers, | ||||||
11 | day care homes, and group day care homes. | ||||||
12 | (Source: P.A. 85-216.) | ||||||
13 | (225 ILCS 10/11.3 new) | ||||||
14 | Sec. 11.3. Order of closure; Department of Early | ||||||
15 | Childhood. Whenever the Department of Early Childhood | ||||||
16 | expressly finds that the continued operation of a day care | ||||||
17 | center, day care home, or group day care home, including a | ||||||
18 | facility defined in Section 2.10 and an unlicensed facility, | ||||||
19 | jeopardizes the health, safety, morals, or welfare of children | ||||||
20 | served by the facility, the Department of Early Childhood | ||||||
21 | shall issue an order of closure directing that the operation | ||||||
22 | of the facility terminate immediately, and, if applicable, | ||||||
23 | shall initiate revocation proceedings under Section 9.01 | ||||||
24 | within 10 working days. A facility closed under this Section | ||||||
25 | may not operate during the pendency of any proceeding for the |
| |||||||
| |||||||
1 | judicial review of the decision of the Department of Early | ||||||
2 | Childhood to issue an order of closure or to revoke or refuse | ||||||
3 | to renew the license, except under court order. | ||||||
4 | (225 ILCS 10/12) (from Ch. 23, par. 2222) | ||||||
5 | Sec. 12. Advertisements ; Department of Children and Family | ||||||
6 | Services . | ||||||
7 | (a) In this Section, "advertise" means communication by | ||||||
8 | any public medium originating or distributed in this State, | ||||||
9 | including, but not limited to, newspapers, periodicals, | ||||||
10 | telephone book listings, outdoor advertising signs, radio, or | ||||||
11 | television. | ||||||
12 | (b) With the exception of day care centers, day care | ||||||
13 | homes, and group day care homes, a A child care facility or | ||||||
14 | child welfare agency licensed or operating under a permit | ||||||
15 | issued by the Department may publish advertisements for the | ||||||
16 | services that the facility is specifically licensed or issued | ||||||
17 | a permit under this Act to provide. A person, group of persons, | ||||||
18 | agency, association, organization, corporation, institution, | ||||||
19 | center, or group who advertises or causes to be published any | ||||||
20 | advertisement offering, soliciting, or promising to perform | ||||||
21 | adoption services as defined in Section 2.24 of this Act is | ||||||
22 | guilty of a Class A misdemeanor and shall be subject to a fine | ||||||
23 | not to exceed $10,000 or 9 months imprisonment for each | ||||||
24 | advertisement, unless that person, group of persons, agency, | ||||||
25 | association, organization, corporation, institution, center, |
| |||||||
| |||||||
1 | or group is (i) licensed or operating under a permit issued by | ||||||
2 | the Department as a child care facility or child welfare | ||||||
3 | agency, (ii) a birth parent or a prospective adoptive parent | ||||||
4 | acting on the birth parent's or prospective adoptive parent's | ||||||
5 | own behalf, or (iii) a licensed attorney advertising the | ||||||
6 | licensed attorney's availability to provide legal services | ||||||
7 | relating to adoption, as permitted by law. | ||||||
8 | (c) Every advertisement published after the effective date | ||||||
9 | of this amendatory Act of the 94th General Assembly shall | ||||||
10 | include the Department-issued license number of the facility | ||||||
11 | or agency. | ||||||
12 | (d) Any licensed child welfare agency providing adoption | ||||||
13 | services that, after the effective date of this amendatory Act | ||||||
14 | of the 94th General Assembly, causes to be published an | ||||||
15 | advertisement containing reckless or intentional | ||||||
16 | misrepresentations concerning adoption services or | ||||||
17 | circumstances material to the placement of a child for | ||||||
18 | adoption is guilty of a Class A misdemeanor and is subject to a | ||||||
19 | fine not to exceed $10,000 or 9 months imprisonment for each | ||||||
20 | advertisement. | ||||||
21 | (e) An out-of-state agency that is not licensed in | ||||||
22 | Illinois and that has a written interagency agreement with one | ||||||
23 | or more Illinois licensed child welfare agencies may advertise | ||||||
24 | under this Section, provided that (i) the out-of-state agency | ||||||
25 | must be officially recognized by the United States Internal | ||||||
26 | Revenue Service as a tax-exempt organization under 501(c)(3) |
| |||||||
| |||||||
1 | of the Internal Revenue Code of 1986 (or any successor | ||||||
2 | provision of federal tax law), (ii) the out-of-state agency | ||||||
3 | provides only international adoption services and is covered | ||||||
4 | by the Intercountry Adoption Act of 2000, (iii) the | ||||||
5 | out-of-state agency displays, in the advertisement, the | ||||||
6 | license number of at least one of the Illinois licensed child | ||||||
7 | welfare agencies with which it has a written agreement, and | ||||||
8 | (iv) the advertisements pertain only to international adoption | ||||||
9 | services. Subsection (d) of this Section shall apply to any | ||||||
10 | out-of-state agencies described in this subsection (e). | ||||||
11 | (f) An advertiser, publisher, or broadcaster, including, | ||||||
12 | but not limited to, newspapers, periodicals, telephone book | ||||||
13 | publishers, outdoor advertising signs, radio stations, or | ||||||
14 | television stations, who knowingly or recklessly advertises or | ||||||
15 | publishes any advertisement offering, soliciting, or promising | ||||||
16 | to perform adoption services, as defined in Section 2.24 of | ||||||
17 | this Act, on behalf of a person, group of persons, agency, | ||||||
18 | association, organization, corporation, institution, center, | ||||||
19 | or group, not authorized to advertise under subsection (b) or | ||||||
20 | subsection (e) of this Section, is guilty of a Class A | ||||||
21 | misdemeanor and is subject to a fine not to exceed $10,000 or 9 | ||||||
22 | months imprisonment for each advertisement. | ||||||
23 | (g) The Department shall maintain a website listing child | ||||||
24 | welfare agencies licensed by the Department that provide | ||||||
25 | adoption services and other general information for birth | ||||||
26 | parents and adoptive parents. The website shall include, but |
| |||||||
| |||||||
1 | not be limited to, agency addresses, phone numbers, e-mail | ||||||
2 | addresses, website addresses, annual reports as referenced in | ||||||
3 | Section 7.6 of this Act, agency license numbers, the Birth | ||||||
4 | Parent Bill of Rights, the Adoptive Parents Bill of Rights, | ||||||
5 | and the Department's complaint registry established under | ||||||
6 | Section 9.1a of this Act. The Department shall adopt any rules | ||||||
7 | necessary to implement this Section. | ||||||
8 | (h) (Blank) Nothing in this Act shall prohibit a day care | ||||||
9 | agency, day care center, day care home, or group day care home | ||||||
10 | that does not provide or perform adoption services, as defined | ||||||
11 | in Section 2.24 of this Act, from advertising or marketing the | ||||||
12 | day care agency, day care center, day care home, or group day | ||||||
13 | care home . | ||||||
14 | (Source: P.A. 103-22, eff. 8-8-23.) | ||||||
15 | (225 ILCS 10/12.1 new) | ||||||
16 | Sec. 12.1. Advertisements; Department of Early Childhood. | ||||||
17 | (a) In this Section, "advertise" means communication by | ||||||
18 | any public medium originating or distributed in this State, | ||||||
19 | including, but not limited to, newspapers, periodicals, | ||||||
20 | telephone book listings, outdoor advertising signs, radio, or | ||||||
21 | television. | ||||||
22 | (b) A day care center, day care home, or group day care | ||||||
23 | home licensed or operating under a permit issued by the | ||||||
24 | Department of Early Childhood may publish advertisements for | ||||||
25 | the services that the day care center, day care home, or group |
| |||||||
| |||||||
1 | day care home is specifically licensed or issued a permit | ||||||
2 | under this Act to provide. A person, group of persons, agency, | ||||||
3 | association, organization, corporation, institution, center, | ||||||
4 | or group that advertises or causes to be published any | ||||||
5 | advertisement offering, soliciting, or promising to perform | ||||||
6 | adoption services as defined in Section 2.24 of this Act is | ||||||
7 | guilty of a Class A misdemeanor and shall be subject to a fine | ||||||
8 | not to exceed $10,000 or 9 months' imprisonment for each | ||||||
9 | advertisement, unless that person, group of persons, agency, | ||||||
10 | association, organization, corporation, institution, center, | ||||||
11 | or group is licensed or operating under a permit issued by | ||||||
12 | Department of Early Childhood as a day care center, day care | ||||||
13 | home, or group day care home, as permitted by law. | ||||||
14 | (c) Every advertisement published after the effective date | ||||||
15 | of this amendatory Act of the 103rd General Assembly shall | ||||||
16 | include the Department of Early Childhood license number of | ||||||
17 | the facility or agency. | ||||||
18 | (225 ILCS 10/15) (from Ch. 23, par. 2225) | ||||||
19 | Sec. 15. With the exception of day care centers, day care | ||||||
20 | homes, and group day care homes, every Every child care | ||||||
21 | facility must keep and maintain such records as the Department | ||||||
22 | may prescribe pertaining to the admission, progress, health | ||||||
23 | and discharge of children under the care of the facility and | ||||||
24 | shall report relative thereto to the Department whenever | ||||||
25 | called for, upon forms prescribed by the Department. All |
| |||||||
| |||||||
1 | records regarding children and all facts learned about | ||||||
2 | children and their relatives must be kept confidential both by | ||||||
3 | the child care facility and by the Department. | ||||||
4 | Nothing contained in this Act prevents the sharing or | ||||||
5 | disclosure of information or records relating or pertaining to | ||||||
6 | juveniles subject to the provisions of the Serious Habitual | ||||||
7 | Offender Comprehensive Action Program when that information is | ||||||
8 | used to assist in the early identification and treatment of | ||||||
9 | habitual juvenile offenders. | ||||||
10 | Nothing contained in this Act prevents the disclosure of | ||||||
11 | information or records by a licensed child welfare agency as | ||||||
12 | required under subsection (c-5) of Section 7.4. | ||||||
13 | (Source: P.A. 94-1010, eff. 10-1-06.) | ||||||
14 | (225 ILCS 10/15.1 new) | ||||||
15 | Sec. 15.1. Records; confidentiality; Department of Early | ||||||
16 | Childhood. Every day care center, day care home, and group day | ||||||
17 | care home must keep and maintain such records as the | ||||||
18 | Department of Early Childhood may prescribe pertaining to the | ||||||
19 | admission, progress, health and discharge of children under | ||||||
20 | the care of the day care center, day care home, or group day | ||||||
21 | care home, and shall report relative thereto to the Department | ||||||
22 | of Early Childhood whenever called for, upon forms prescribed | ||||||
23 | by the Department of Early Childhood. All records regarding | ||||||
24 | children and all facts learned about children and their | ||||||
25 | relatives must be kept confidential both by the day care |
| |||||||
| |||||||
1 | center, day care home, or group day care home and by the | ||||||
2 | Department of Early Childhood. | ||||||
3 | (225 ILCS 10/16) (from Ch. 23, par. 2226) | ||||||
4 | Sec. 16. (a) Subsections (a-1) through (d) do not apply to | ||||||
5 | any circumstances to which Section 16.1 applies. | ||||||
6 | (a-1) (a) Any child care facility receiving a child for | ||||||
7 | care or supervision from a foreign state or country shall | ||||||
8 | report that child to the Department in the same manner as is | ||||||
9 | required for reporting other children. | ||||||
10 | (b) A person, agency or organization, other than a | ||||||
11 | licensed child care institution or child welfare agency, may | ||||||
12 | not receive a foreign child without prior notice to and | ||||||
13 | approval of the Department. | ||||||
14 | (c) In all instances the Department may require a guaranty | ||||||
15 | that a child accepted for care or supervision from a foreign | ||||||
16 | state or country will not become a public charge upon the State | ||||||
17 | of Illinois. | ||||||
18 | (d) Reports to the Department must be made, as required. | ||||||
19 | (e) The Department may enter into agreements with public | ||||||
20 | or voluntary social agencies headquartered in states adjacent | ||||||
21 | to the State of Illinois, regarding the placement of children | ||||||
22 | in licensed foster family homes within the boundaries of | ||||||
23 | Illinois, if the agencies meet the standards and criteria | ||||||
24 | required for license as a child welfare agency in Illinois. | ||||||
25 | The agreements may allow foreign agencies to place and |
| |||||||
| |||||||
1 | supervise children for whom they have responsibility within | ||||||
2 | the State of Illinois, without regard to subsection (a-1) | ||||||
3 | paragraph (a) of this Section. These agreements must, however, | ||||||
4 | include a requirement that the agencies cooperate fully with | ||||||
5 | the Department in its inquiry or investigation into the | ||||||
6 | activities and standards of those agencies, and provide that | ||||||
7 | the Department may, at any time upon 15 days written notice to | ||||||
8 | an agency by registered mail, void the agreement and require | ||||||
9 | the observance of subsection (a-1) paragraph (a) of this | ||||||
10 | Section. | ||||||
11 | (Source: P.A. 76-63 .) | ||||||
12 | (225 ILCS 10/16.1 new) | ||||||
13 | Sec. 16.1. Child from a foreign state or country; | ||||||
14 | Department of Early Childhood. | ||||||
15 | (a) Any day care center, day care home, or group day care | ||||||
16 | home receiving a child for care or supervision from a foreign | ||||||
17 | state or country shall report that child to the Department of | ||||||
18 | Early Childhood in the same manner as is required for | ||||||
19 | reporting other children. | ||||||
20 | (b) A person, agency or organization, other than a | ||||||
21 | licensed child care institution, may not receive a foreign | ||||||
22 | child without prior notice to and approval of the Department | ||||||
23 | of Early Childhood. | ||||||
24 | (c) In all instances the Department of Early Childhood may | ||||||
25 | require a guaranty that a child accepted for care or |
| |||||||
| |||||||
1 | supervision from a foreign state or country will not become a | ||||||
2 | public charge upon the State of Illinois. | ||||||
3 | (d) Reports to the Department of Early Childhood must be | ||||||
4 | made, as required. | ||||||
5 | (225 ILCS 10/17) (from Ch. 23, par. 2227) | ||||||
6 | Sec. 17. The Administrative Review Law and the rules | ||||||
7 | adopted pursuant thereto apply to and govern , applies to and | ||||||
8 | governs all proceedings for the judicial review of final | ||||||
9 | administrative decisions of the Department of Children and | ||||||
10 | Family Services and the Department of Early Childhood . The | ||||||
11 | term "administrative decision" is defined as in Section 3-101 | ||||||
12 | of the Code of Civil Procedure. | ||||||
13 | (Source: P.A. 82-783.) | ||||||
14 | (225 ILCS 10/18) (from Ch. 23, par. 2228) | ||||||
15 | Sec. 18. Any person, group of persons, association , or | ||||||
16 | corporation who , with respect to a child care facility other | ||||||
17 | than a day care center, day care home, or group day care home: | ||||||
18 | (1) conducts, operates , or acts as a child care facility | ||||||
19 | without a license or permit to do so in violation of Section 3 | ||||||
20 | of this Act; | ||||||
21 | (2) makes materially false statements in order to obtain a | ||||||
22 | license or permit; | ||||||
23 | (3) fails to keep the records and make the reports | ||||||
24 | provided under this Act; |
| |||||||
| |||||||
1 | (4) advertises any service not authorized by license or | ||||||
2 | permit held; | ||||||
3 | (5) publishes any advertisement in violation of this Act; | ||||||
4 | (6) receives within this State any child in violation of | ||||||
5 | Section 16 of this Act; or | ||||||
6 | (7) violates any other provision of this Act or any | ||||||
7 | reasonable rule or regulation adopted and published by the | ||||||
8 | Department for the enforcement of the provisions of this Act, | ||||||
9 | is guilty of a Class A misdemeanor and in case of an | ||||||
10 | association or corporation, imprisonment may be imposed upon | ||||||
11 | its officers who knowingly participated in the violation. | ||||||
12 | Any child care facility (other than a day care center, day | ||||||
13 | care home, or group day care home) that continues to operate | ||||||
14 | after its license is revoked under Section 8 of this Act or | ||||||
15 | after its license expires and the Department refused to renew | ||||||
16 | the license as provided in Section 8 of this Act is guilty of a | ||||||
17 | business offense and shall be fined an amount in excess of $500 | ||||||
18 | but not exceeding $10,000, and each day of violation is a | ||||||
19 | separate offense. | ||||||
20 | In a prosecution under this Act, a defendant who relies | ||||||
21 | upon the relationship of any child to the defendant has the | ||||||
22 | burden of proof as to that relationship. | ||||||
23 | (Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.) | ||||||
24 | (225 ILCS 10/18.1 new) | ||||||
25 | Sec. 18.1. Violations; day care center, day care home, or |
| |||||||
| |||||||
1 | group day care home. Any person, group of persons, | ||||||
2 | association, or corporation that: | ||||||
3 | (1) conducts, operates or acts as a day care center, | ||||||
4 | day care home, or group day care home without a license or | ||||||
5 | permit to do so in violation of Section 3.01 of this Act; | ||||||
6 | (2) makes materially false statements in order to | ||||||
7 | obtain a license or permit; | ||||||
8 | (3) fails to keep the records and make the reports | ||||||
9 | provided under this Act; | ||||||
10 | (4) advertises any service not authorized by license | ||||||
11 | or permit held; | ||||||
12 | (5) publishes any advertisement in violation of this | ||||||
13 | Act; | ||||||
14 | (6) receives within this State any child in violation | ||||||
15 | of Section 16.1 of this Act; or | ||||||
16 | (7) violates any other provision of this Act or any | ||||||
17 | reasonable rule or regulation adopted and published by the | ||||||
18 | Department of Early Childhood for the enforcement of the | ||||||
19 | provisions of this Act, | ||||||
20 | is guilty of a Class A misdemeanor and, in the case of an | ||||||
21 | association or corporation, imprisonment may be imposed upon | ||||||
22 | its officers who knowingly participated in the violation. | ||||||
23 | Any day care center, day care home, or group day care home | ||||||
24 | that continues to operate after its license is revoked under | ||||||
25 | Section 8 or 8a of this Act or after its license expires and | ||||||
26 | the Department of Early Childhood refused to renew the license |
| |||||||
| |||||||
1 | as provided in Section 8 or 8a of this Act is guilty of a | ||||||
2 | business offense and shall be fined an amount in excess of $500 | ||||||
3 | but not exceeding $10,000. Each day of violation is a separate | ||||||
4 | offense. | ||||||
5 | In a prosecution under this Act, a defendant who relies | ||||||
6 | upon the relationship of any child to the defendant has the | ||||||
7 | burden of proof as to that relationship. | ||||||
8 | ARTICLE 99. NONACCELERATION, SEVERABILITY, | ||||||
9 | AND | ||||||
10 | EFFECTIVE DATE | ||||||
11 | Section 99-1. No acceleration or delay. Where this Act | ||||||
12 | makes changes in a statute that is represented in this Act by | ||||||
13 | text that is not yet or no longer in effect (for example, a | ||||||
14 | Section represented by multiple versions), the use of that | ||||||
15 | text does not accelerate or delay the taking effect of (i) the | ||||||
16 | changes made by this Act or (ii) provisions derived from any | ||||||
17 | other Public Act. | ||||||
18 | Section 99-5. Severability. The provisions of this Act are | ||||||
19 | severable under Section 1.31 of the Statute on Statutes. | ||||||
20 | Section 99-99. Effective date. This Act takes effect upon | ||||||
21 | becoming law, except Article 95 takes effect on July 1, 2026. |