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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. GENERAL PROVISIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6Department 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
9Illinois, nearly half of whom are under the age of 3. At birth,
10a baby's brain is 25% the size of an adult's brain. Yet, an
11infant's brain has roughly 86 billion neurons, almost all the
12neurons the human brain will ever have.
13    (2) From 3 to 15 months, neuron connections form at a rate
14of 40,000 per second. By age 3, synaptic connections have
15grown to 100 trillion. Ages 3 to 5 are critical years to build
16executive function skills like focusing attention, remembering
17instructions, and demonstrating self-control. Without these
18skills, children are not fully equipped to learn when they
19enter kindergarten. By age 5, 90% of brain development is
20complete.
21    (3) Prenatal programs improve the regular care of birthing
22parents, reduce the risk of infant low birth weight and

 

 

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1mortality, and increase regular child wellness visits,
2screenings, and immunizations.
3    (4) Early childhood education and care not only improve
4school readiness and literacy, but also improve cognitive
5development for future success in life, school, and the
6workforce.
7    (5) Research shows that for every dollar invested in
8high-quality early childhood education and care, society gains
9over $7 in economic returns in the long-term.
10    (6) Supporting children means supporting their parents and
11families. The early childhood education and care industry is
12the workforce behind all other workforces. High-quality child
13care enables parents and families to consistently work and
14earn an income to support their children. Research also shows
15that early childhood education and care programs can reduce
16parental stress and improve family well-being.
17    (7) Investing in early childhood education and care is in
18the interest of all residents and will make Illinois the best
19state in the nation to raise young children.
 
20    Section 1-10. Purpose. It is the purpose of this Act to
21provide for the creation of the Department of Early Childhood
22and to transfer to it certain rights, powers, duties, and
23functions currently exercised by various agencies of State
24Government. The Department of Early Childhood shall be the
25lead State agency for administering and providing early

 

 

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1childhood education and care programs and services to children
2and families. This Act centralizes home-visiting services,
3early intervention services, preschool services, child care
4services, licensing for day care centers, day care homes, and
5group day care homes, and other early childhood education and
6care programs and administrative functions historically
7managed by the Illinois State Board of Education, the Illinois
8Department of Human Services, and the Illinois Department of
9Children and Family Services. Centralizing early childhood
10functions into a single State agency is intended to simplify
11the process for parents and caregivers to identify and enroll
12children in early childhood services, to create new,
13equity-driven statewide systems, to streamline administrative
14functions for providers, and to improve kindergarten readiness
15for children.
 
16    Section 1-11. Rights; privileges; protections.
17Notwithstanding any provision of law to the contrary, any
18rights, privileges, or protections afforded to students in
19early childhood education and care programs, including
20undocumented students, under the School Code or any other
21provision of law shall not terminate upon the effective date
22of this Act.
 
23    Section 1-15. Definitions. As used in this Act, unless the
24context 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
4Services, Department of Children and Family Services, and the
5State Board of Education.
 
6    Section 1-20. Department; Secretary; organization.
7    (a) The Department of Early Childhood is created and shall
8begin operation on July 1, 2024.
9    (b) The head officer of the Department is the Secretary.
10The Secretary shall be appointed by the Governor, with the
11advice and consent of the Senate. The initial term of the
12Secretary shall run from the date of appointment until January
1318, 2027, and until a successor has been appointed and
14qualified. Thereafter, the Secretary's term shall be as
15provided in Section 5-610 of the Civil Administrative Code of
16Illinois. The Department may employ or retain other persons to
17assist in the discharge of its functions, subject to the
18Personnel Code.
19    (c) The Governor may, with the advice and consent of the
20Senate, appoint an appropriate number of persons to serve as
21Assistant Secretaries to head the major programmatic divisions
22of the Department. Assistant Secretaries shall not be subject
23to the Personnel Code.
24    (d) The Secretary shall create divisions and
25administrative units within the Department and shall assign

 

 

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1functions, powers, duties, and personnel as may now or in the
2future be required by State or federal law. The Secretary may
3create other divisions and administrative units and may assign
4other functions, powers, duties, and personnel as may be
5necessary or desirable to carry out the functions and
6responsibilities vested by law in the Department.
 
7    Section 1-30. General powers and duties.
8    (a) The Department shall exercise the rights, powers,
9duties, and functions provided by law, including, but not
10limited to, the rights, powers, duties, and functions
11transferred to the Department.
12    (b) The Department may employ personnel (in accordance
13with the Personnel Code and any applicable collective
14bargaining agreements), provide facilities, contract for goods
15and services, and adopt rules as necessary to carry out its
16functions and purposes, all in accordance with applicable
17State and federal law.
18    The Department may establish such subdivisions of the
19Department as shall be desirable and assign to the various
20subdivisions the responsibilities and duties placed upon the
21Department by the Laws of the State of Illinois.
22    The Department shall adopt, as necessary, rules for the
23execution of its powers. The provisions of the Illinois
24Administrative Procedure Act are hereby expressly adopted and
25shall apply to all administrative rules and procedures of the

 

 

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1Department under this Act, except that Section 5-35 of the
2Illinois Administrative Procedure Act relating to procedures
3for rulemaking does not apply to the adoption of any rule
4required by federal law in connection with which the
5Department is precluded by law from exercising any discretion.
6    (c) Procurements necessary for the Department of Early
7Childhood to implement this Act are subject to the Illinois
8Procurement Code, except as otherwise provided in paragraph
9(25) of subsection (b) of Section 1-10 of that Code. The
10Department of Early Childhood is subject to the Business
11Enterprise for Minorities, Women, and Persons with
12Disabilities Act.
 
13    Section 1-35. Advisory body. By July 1, 2026, the
14Department shall create or designate an advisory body to
15counsel the Department on an ongoing basis, ensuring the
16Department functions with transparency, operates with a
17commitment to centering racial equity and to meaningful
18inclusion of parent, early childhood service provider, and
19other public stakeholder engagement, feedback, and counsel,
20including the creation of committees or working groups, and
21devotes appropriate attention to data collection and timely
22public reporting. This advisory body's membership shall
23include representation from both public and private
24organizations, and its membership shall reflect the regional,
25racial, socioeconomic, and cultural diversity of the State to

 

 

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1ensure representation of the needs of all Illinois children
2and families.
 
3
ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION
4
SERVICES

 
5    Section 10-5. Transition planning. Beginning July 1, 2024,
6the Department of Early Childhood and the Department of Human
7Services shall collaborate and plan for the transition of
8administrative responsibilities as prescribed in the Early
9Intervention Services System Act.
 
10    Section 10-10. Legislative findings and policy.
11    (a) The General Assembly finds that there is an urgent and
12substantial 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
12intervention services are cost-effective and effectively serve
13the developmental needs of eligible infants and toddlers and
14their families. Therefore, the purpose of this Act is to
15provide a comprehensive, coordinated, interagency,
16interdisciplinary early intervention services system for
17eligible infants and toddlers and their families by enhancing
18the capacity to provide quality early intervention services,
19expanding and improving existing services, and facilitating
20coordination of payments for early intervention services from
21various public and private sources.
 
22    Section 10-15. Definitions. As used in this Act:
23    (a) "Eligible infants and toddlers" means infants and
24toddlers under 36 months of age with any of the following
25conditions:

 

 

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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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1the age of 3 who is the subject of a substantiated case of
2child abuse or neglect as defined in the federal Child Abuse
3Prevention and Treatment Act.
4    (b) "Developmental delay" means a delay in one or more of
5the following areas of childhood development as measured by
6appropriate diagnostic instruments and standard procedures:
7cognitive; physical, including vision and hearing; language,
8speech and communication; social or emotional; or adaptive.
9The term means a delay of 30% or more below the mean in
10function in one or more of those areas.
11    (c) "Physical or mental condition which typically results
12in 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
24observations and parental participation to determine
25eligibility by a consensus of a multidisciplinary team of 2 or
26more members based on their professional experience and

 

 

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1expertise.
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
20written plan for providing early intervention services to a
21child eligible under this Act and the child's family, as set
22forth in Section 10-65.
23    (g) "Local interagency agreement" means an agreement
24entered into by local community and State and regional
25agencies receiving early intervention funds directly from the
26State and made in accordance with State interagency agreements

 

 

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1providing for the delivery of early intervention services
2within a local community area.
3    (h) "Council" means the Illinois Interagency Council on
4Early Intervention established under Section 10-30.
5    (i) "Lead agency" means the State agency responsible for
6administering this Act and receiving and disbursing public
7funds received in accordance with State and federal law and
8rules.
9    (i-5) "Central billing office" means the central billing
10office created by the lead agency under Section 10-75.
11    (j) "Child find" means a service which identifies eligible
12infants and toddlers.
13    (k) "Regional intake entity" means the lead agency's
14designated entity responsible for implementation of the Early
15Intervention Services System within its designated geographic
16area.
17    (l) "Early intervention provider" means an individual who
18is qualified, as defined by the lead agency, to provide one or
19more types of early intervention services, and who has
20enrolled as a provider in the early intervention program.
21    (m) "Fully credentialed early intervention provider" means
22an individual who has met the standards in the State
23applicable to the relevant profession, and has met such other
24qualifications as the lead agency has determined are suitable
25for personnel providing early intervention services, including
26pediatric experience, education, and continuing education. The

 

 

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1lead agency shall establish these qualifications by rule filed
2no later than 180 days after the effective date of this Act.
3    (n) "Telehealth" has the meaning given to that term in
4Section 5 of the Telehealth Act.
5    (o) "Department" means Department of Early Childhood
6unless otherwise specified.
 
7    Section 10-25. Services delivered by telehealth. An early
8intervention provider may deliver via telehealth any type of
9early intervention service outlined in subsection (e) of
10Section 10-15 to the extent of the early intervention
11provider's scope of practice as established in the provider's
12respective licensing Act consistent with the standards of care
13for in-person services. This Section shall not be construed to
14alter the scope of practice of any early intervention provider
15or authorize the delivery of early intervention services in a
16setting or in a manner not otherwise authorized by the laws of
17this State.
 
18    Section 10-30. Illinois Interagency Council on Early
19Intervention.
20    (a) There is established the Illinois Interagency Council
21on Early Intervention. The Council shall be composed of at
22least 20 but not more than 30 members. The members of the
23Council and the designated chairperson of the Council shall be
24appointed by the Governor. The Council member representing the

 

 

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1lead agency may not serve as chairperson of the Council. On and
2after July 1, 2026, the Council shall be composed of the
3following members:
4    (1) The Secretary of Early Childhood (or the Secretary's
5designee) and 2 additional representatives of the Department
6of Early Childhood designated by the Secretary, plus the
7Directors (or their designees) of the following State agencies
8involved in the provision of or payment for early intervention
9services 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
23places as it deems necessary. The Council shall be a
24continuation of the Council that was created under Section 4
25of the Early Intervention Services System Act and that is
26repealed on July 1, 2026 by Section 20.1 of the Early

 

 

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1Intervention Services System Act. Members serving on June 30,
22026 who have served more than 2 consecutive terms shall
3continue to serve on the Council on and after July 1, 2026.
4Once appointed, members shall continue to serve until their
5successors are appointed. Successors appointed under paragraph
6(2) shall serve 3-year terms. No member shall be appointed to
7serve more than 2 consecutive terms.
8    Council members shall serve without compensation but shall
9be reimbursed for reasonable costs incurred in the performance
10of their duties, including costs related to child care, and
11parents may be paid a stipend in accordance with applicable
12requirements.
13    The Council shall prepare and approve a budget using funds
14appropriated for the purpose to hire staff, and obtain the
15services of such professional, technical, and clerical
16personnel as may be necessary to carry out its functions under
17this Act. This funding support and staff shall be directed by
18the 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

 

 

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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
25participate substantially in any matter which would provide a
26direct financial benefit to that member or otherwise give the

 

 

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1appearance of a conflict of interest under State law. All
2provisions and reporting requirements of the Illinois
3Governmental Ethics Act shall apply to Council members.
 
4    Section 10-35. Lead agency. Through June 30, 2026, the
5Department of Human Services is designated the lead agency and
6shall provide leadership in establishing and implementing the
7coordinated, comprehensive, interagency and interdisciplinary
8system of early intervention services. On and after July 1,
92026, the Department of Early Childhood is designated the lead
10agency and shall provide leadership in establishing and
11implementing the coordinated, comprehensive, interagency and
12interdisciplinary system of early intervention services. The
13lead agency shall not have the sole responsibility for
14providing these services. Each participating State agency
15shall continue to coordinate those early intervention services
16relating to health, social service and education provided
17under this authority.
18    The lead agency is responsible for carrying out the
19following:
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,

 

 

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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

 

 

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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

 

 

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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.
12The lead agency, in conjunction with the Council and as
13defined by administrative rule, shall define local service
14areas and define the geographic boundaries of each so that all
15areas of the State are included in a local service area but no
16area of the State is included in more than one service area. In
17each local service area, the lead agency shall designate a
18regional entity responsible for the assessment of eligibility
19and services and a local interagency council responsible for
20coordination and design of child find and public awareness.
21The regional entity shall be responsible for staffing the
22local council, carrying out child find and public awareness
23activities, and providing advocacy for eligible families
24within the given geographic area. The regional entity is the
25prime contractor responsible to the lead agency for

 

 

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1implementation of this Act.
2    The lead agency, in conjunction with the Council, shall
3create local interagency councils. Members of each local
4interagency council shall include, but not be limited to, the
5following: parents; representatives from coordination and
6advocacy service providers; local education agencies; other
7local public and private service providers; representatives
8from State agencies at the local level; and others deemed
9necessary 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

 

 

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1        (j) report annually to the Council.
 
2    Section 10-45. Essential components of the statewide
3service system. As required by federal laws and regulations, a
4statewide system of coordinated, comprehensive, interagency
5and interdisciplinary programs shall be established and
6maintained. The framework of the statewide system shall be
7based on the components set forth in this Section. This
8framework shall be used for planning, implementation,
9coordination and evaluation of the statewide system of locally
10based 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

 

 

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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

 

 

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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

 

 

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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
5established within a local community area among the prenatal
6initiatives affording services to high risk pregnant women.
7Additional linkages among at risk programs and local literacy
8programs may also be established.
9    On and after July 1, 2026, the Department of Early
10Childhood shall continue implementation of the 5-fiscal-year
11implementation plan that was created by the Department of
12Human Services with the concurrence of the Interagency Council
13on Early Intervention. The plan shall list specific activities
14to be accomplished each year, with cost estimates for each
15activity. The lead agency shall, with the concurrence of the
16Interagency Council, submit to the Governor's Office a report
17on accomplishments of the previous year and a revised list of
18activities for the remainder of the 5-fiscal-year plan, with
19cost estimates for each. The Governor shall certify that
20specific activities in the plan for the previous year have
21been substantially completed before authorizing relevant State
22or local agencies to implement activities listed in the
23revised plan that depend substantially upon completion of one
24or more of the earlier activities.
 
25    Section 10-50. Authority to adopt rules. The lead agency

 

 

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1shall adopt rules under this Act. These rules shall reflect
2the intent of federal regulations adopted under Part C of the
3Individuals with Disabilities Education Improvement Act of
42004 (Sections 1431 through 1444 of Title 20 of the United
5States Code).
 
6    Section 10-55. Role of other State entities. The
7Departments of Public Health, Early Childhood, Human Services,
8Children and Family Services, and Healthcare and Family
9Services; the University of Illinois Division of Specialized
10Care for Children; the State Board of Education; and any other
11State agency which directly or indirectly provides or
12administers early intervention services shall adopt compatible
13rules for the provision of services to eligible infants and
14toddlers and their families by July 1, 2026.
15    These agencies shall enter into and maintain formal
16interagency agreements to enable the State and local agencies
17serving eligible children and their families to establish
18working relationships that will increase the efficiency and
19effectiveness of their early intervention services. The
20agreements shall outline the administrative, program and
21financial responsibilities of the relevant State agencies and
22shall implement a coordinated service delivery system through
23local interagency agreements.
24    There shall be created in the Office of the Governor an
25Early Childhood Intervention Ombudsman to assist families and

 

 

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1local parties in ensuring that all State agencies serving
2eligible families do so in a comprehensive and collaborative
3manner. The Governor shall appoint the Ombudsman, which shall
4be a continuation of the position that was created under
5Section 9 of the Early Intervention Services System Act and
6that is repealed on July 1, 2026 by Section 20.1 of the Early
7Intervention Services System Act.
 
8    Section 10-60. Standards. The Council and the lead agency,
9with assistance from parents and providers, shall develop and
10promulgate policies and procedures relating to the
11establishment and implementation of program and personnel
12standards to ensure that services provided are consistent with
13any State-approved or recognized certification, licensing,
14registration, or other comparable requirements which apply to
15the area of early intervention program service standards. Only
16State-approved public or private early intervention service
17providers shall be eligible to receive State and federal
18funding for early intervention services. All early childhood
19intervention staff shall hold the highest entry requirement
20necessary for that position.
21    To be a State-approved early intervention service
22provider, an individual (i) shall not have served or
23completed, within the preceding 5 years, a sentence for
24conviction of any felony that the lead agency establishes by
25rule and (ii) shall not have been indicated as a perpetrator of

 

 

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1child abuse or neglect, within the preceding 5 years, in an
2investigation by Illinois (pursuant to the Abused and
3Neglected Child Reporting Act) or another state. The Lead
4Agency is authorized to receive criminal background checks for
5such providers and persons applying to be such a provider and
6to receive child abuse and neglect reports regarding indicated
7perpetrators who are applying to provide or currently
8authorized to provide early intervention services in Illinois.
9Beginning January 1, 2004, every provider of State-approved
10early intervention services and every applicant to provide
11such services must authorize, in writing and in the form
12required by the lead agency, a State and FBI criminal
13background check, as requested by the Department, and check of
14child abuse and neglect reports regarding the provider or
15applicant as a condition of authorization to provide early
16intervention services. The lead agency shall use the results
17of the checks only to determine State approval of the early
18intervention service provider and shall not re-release the
19information 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
22toddler'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

 

 

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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.

 

 

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1    (b) The Individualized Family Service Plan shall be
2evaluated once a year and the family shall be provided a review
3of the Plan at 6-month intervals or more often where
4appropriate based on infant or toddler and family needs. The
5lead agency shall create a quality review process regarding
6Individualized Family Service Plan development and changes
7thereto, to monitor and help ensure that resources are being
8used to provide appropriate early intervention services.
9    (c) The initial evaluation and initial assessment and
10initial Plan meeting must be held within 45 days after the
11initial contact with the early intervention services system.
12The 45-day timeline does not apply for any period when the
13child or parent is unavailable to complete the initial
14evaluation, the initial assessments of the child and family,
15or the initial Plan meeting, due to exceptional family
16circumstances that are documented in the child's early
17intervention records, or when the parent has not provided
18consent for the initial evaluation or the initial assessment
19of the child despite documented, repeated attempts to obtain
20parental consent. As soon as exceptional family circumstances
21no longer exist or parental consent has been obtained, the
22initial evaluation, the initial assessment, and the initial
23Plan meeting must be completed as soon as possible. With
24parental consent, early intervention services may commence
25before the completion of the comprehensive assessment and
26development of the Plan. All early intervention services shall

 

 

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1be initiated as soon as possible but not later than 30 calendar
2days after the consent of the parent or guardian has been
3obtained for the individualized family service plan, in
4accordance with rules adopted by the lead agency.
5    (d) Parents must be informed that early intervention
6services shall be provided to each eligible infant and
7toddler, to the maximum extent appropriate, in the natural
8environment, which may include the home or other community
9settings. Parents must also be informed of the availability of
10early intervention services provided through telehealth
11services. Parents shall make the final decision to accept or
12decline early intervention services, including whether
13accepted services are delivered in person or via telehealth
14services. A decision to decline such services shall not be a
15basis for administrative determination of parental fitness, or
16other findings or sanctions against the parents. Parameters of
17the Plan shall be set forth in rules.
18    (e) The regional intake offices shall explain to each
19family, 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

 

 

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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
21whether the family has private insurance coverage and, if the
22family has such coverage, must have attached to it a copy of
23the family's insurance identification card or otherwise
24include all of the following information:
25        (1) The name, address, and telephone number of the
26    insurance carrier.

 

 

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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
7be provided to each enrolled provider who is providing early
8intervention services to the child who is the subject of that
9plan.
10    (h) Children receiving services under this Act shall
11receive a smooth and effective transition by their third
12birthday consistent with federal regulations adopted pursuant
13to Sections 1431 through 1444 of Title 20 of the United States
14Code. Beginning January 1, 2022, children who receive early
15intervention services prior to their third birthday and are
16found eligible for an individualized education program under
17the Individuals with Disabilities Education Act, 20 U.S.C.
181414(d)(1)(A), and under Section 14-8.02 of the School Code
19and whose birthday falls between May 1 and August 31 may
20continue to receive early intervention services until the
21beginning of the school year following their third birthday in
22order to minimize gaps in services, ensure better continuity
23of care, and align practices for the enrollment of preschool
24children with special needs to the enrollment practices of
25typically developing preschool children.
 

 

 

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1    Section 10-70. Procedural safeguards. The lead agency
2shall adopt procedural safeguards that meet federal
3requirements and ensure effective implementation of the
4safeguards for families by each public agency involved in the
5provision of early intervention services under this Act.
6    The procedural safeguards shall provide, at a minimum, the
7following:
8    (a) The timely administrative resolution of State
9complaints, due process hearings, and mediations as defined by
10administrative rule.
11    (b) The right to confidentiality of personally
12identifiable information.
13    (c) The opportunity for parents and a guardian to examine
14and receive copies of records relating to evaluations and
15assessments, screening, eligibility determinations, and the
16development and implementation of the Individualized Family
17Service Plan provision of early intervention services,
18individual complaints involving the child, or any part of the
19child's early intervention record.
20    (d) Procedures to protect the rights of the eligible
21infant or toddler whenever the parents or guardians of the
22child are not known or unavailable or the child is a youth in
23care as defined in Section 4d of the Children and Family
24Services Act, including the assignment of an individual (who
25shall not be an employee of the State agency or local agency
26providing services) to act as a surrogate for the parents or

 

 

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1guardian. The regional intake entity must make reasonable
2efforts to ensure the assignment of a surrogate parent not
3more than 30 days after a public agency determines that the
4child needs a surrogate parent.
5    (e) Timely written prior notice to the parents or guardian
6of the eligible infant or toddler whenever the State agency or
7public or private service provider proposes to initiate or
8change or refuses to initiate or change the identification,
9evaluation, placement, or the provision of appropriate early
10intervention services to the eligible infant or toddler.
11    (f) Written prior notice to fully inform the parents or
12guardians, in their native language or mode of communication
13used by the parent, unless clearly not feasible to do so, in a
14comprehensible manner, of these procedural safeguards.
15    (g) During the pendency of any State complaint procedure,
16due process hearing, or mediation involving a complaint,
17unless the State agency and the parents or guardian otherwise
18agree, the child shall continue to receive the appropriate
19early intervention services currently being provided, or in
20the case of an application for initial services, the child
21shall receive the services not in dispute.
 
22    Section 10-75. Funding and fiscal responsibility.
23    (a) The lead agency and every other participating State
24agency may receive and expend funds appropriated by the
25General Assembly to implement the early intervention services

 

 

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1system as required by this Act.
2    (b) The lead agency and each participating State agency
3shall identify and report on an annual basis to the Council the
4State agency funds used for the provision of early
5intervention services to eligible infants and toddlers.
6    (c) Funds provided under Section 633 of the Individuals
7with Disabilities Education Act (20 United States Code 1433)
8and State funds designated or appropriated for early
9intervention services or programs may not be used to satisfy a
10financial commitment for services which would have been paid
11for from another public or private source but for the
12enactment of this Act, except whenever considered necessary to
13prevent delay in receiving appropriate early intervention
14services by the eligible infant or toddler or family in a
15timely manner. "Public or private source" includes public and
16private insurance coverage.
17    Funds provided under Section 633 of the Individuals with
18Disabilities Education Act and State funds designated or
19appropriated for early intervention services or programs may
20be used by the lead agency to pay the provider of services (A)
21pending reimbursement from the appropriate State agency or (B)
22if (i) the claim for payment is denied in whole or in part by a
23public or private source, or would be denied under the written
24terms of the public program or plan or private plan, or (ii)
25use of private insurance for the service has been exempted
26under Section 10-100. Payment under item (B)(i) may be made

 

 

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1based on a pre-determination telephone inquiry supported by
2written documentation of the denial supplied thereafter by the
3insurance carrier.
4    (d) Nothing in this Act shall be construed to permit the
5State to reduce medical or other assistance available or to
6alter eligibility under Title V and Title XIX of the Social
7Security Act relating to the Maternal Child Health Program and
8Medicaid for eligible infants and toddlers in this State.
9    (e) The lead agency shall create a central billing office
10to receive and dispense all relevant State and federal
11resources, as well as local government or independent
12resources available, for early intervention services. This
13office shall assure that maximum federal resources are
14utilized and that providers receive funds with minimal
15duplications or interagency reporting and with consolidated
16audit procedures.
17    (f) The lead agency shall, by rule, create a system of
18payments by families, including a schedule of fees. No fees,
19however, may be charged for implementing child find,
20evaluation and assessment, service coordination,
21administrative and coordination activities related to the
22development, review, and evaluation of Individualized Family
23Service Plans, or the implementation of procedural safeguards
24and other administrative components of the statewide early
25intervention system.
26    The system of payments, called family fees, shall be

 

 

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1structured on a sliding scale based on the family's ability to
2pay. The family's coverage or lack of coverage under a public
3or private insurance plan or policy shall not be a factor in
4determining the amount of the family fees.
5    Each family's fee obligation shall be established
6annually, and shall be paid by families to the central billing
7office in installments. At the written request of the family,
8the fee obligation shall be adjusted prospectively at any
9point during the year upon proof of a change in family income
10or family size. The inability of the parents of an eligible
11child to pay family fees due to catastrophic circumstances or
12extraordinary expenses shall not result in the denial of
13services to the child or the child's family. A family must
14document its extraordinary expenses or other catastrophic
15circumstances by showing one of the following: (i)
16out-of-pocket medical expenses in excess of 15% of gross
17income; (ii) a fire, flood, or other disaster causing a direct
18out-of-pocket loss in excess of 15% of gross income; or (iii)
19other catastrophic circumstances causing out-of-pocket losses
20in excess of 15% of gross income. The family must present proof
21of loss to its service coordinator, who shall document it, and
22the lead agency shall determine whether the fees shall be
23reduced, forgiven, or suspended within 10 business days after
24the family's request.
25    (g) To ensure that early intervention funds are used as
26the payor of last resort for early intervention services, the

 

 

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1lead agency shall determine at the point of early intervention
2intake, and again at any periodic review of eligibility
3thereafter or upon a change in family circumstances, whether
4the family is eligible for or enrolled in any program for which
5payment is made directly or through public or private
6insurance for any or all of the early intervention services
7made available under this Act. The lead agency shall establish
8procedures to ensure that payments are made either directly
9from these public and private sources instead of from State or
10federal early intervention funds, or as reimbursement for
11payments previously made from State or federal early
12intervention funds.
 
13    Section 10-80. Other programs.
14    (a) When an application or a review of eligibility for
15early intervention services is made, and at any eligibility
16redetermination thereafter, the family shall be asked if it is
17currently enrolled in any federally funded, Department of
18Healthcare and Family Services administered, medical programs,
19or the Title V program administered by the University of
20Illinois Division of Specialized Care for Children. If the
21family is enrolled in any of these programs, that information
22shall be put on the individualized family service plan and
23entered into the computerized case management system, and
24shall require that the individualized family services plan of
25a child who has been found eligible for services through the

 

 

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1Division of Specialized Care for Children state that the child
2is enrolled in that program. For those programs in which the
3family is not enrolled, a preliminary eligibility screen shall
4be 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
7funded, Department of Healthcare and Family Services
8administered, medical programs) benefits under the Children's
9Health Insurance Program Act, and (iii) Title V maternal and
10child health services provided through the Division of
11Specialized Care for Children of the University of Illinois.
12    (b) For purposes of determining family fees under
13subsection (f) of Section 10-75 and determining eligibility
14for the other programs and services specified in items (i)
15through (iii) of subsection (a), the lead agency shall develop
16and use, with the cooperation of the Department of Healthcare
17and Family Services and the Division of Specialized Care for
18Children of the University of Illinois, a screening device
19that provides sufficient information for the early
20intervention regional intake entities or other agencies to
21establish eligibility for those other programs and shall, in
22cooperation with the Illinois Department of Healthcare and
23Family Services and the Division of Specialized Care for
24Children, train the regional intake entities on using the
25screening device.
26    (c) When a child is determined eligible for and enrolled

 

 

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1in the early intervention program and has been found to at
2least meet the threshold income eligibility requirements for
3any federally funded, Department of Healthcare and Family
4Services administered, medical programs, the regional intake
5entity shall complete an application for any federally funded,
6Department of Healthcare and Family Services administered,
7medical programs with the family and forward it to the
8Department of Healthcare and Family Services for a
9determination of eligibility. A parent shall not be required
10to enroll in any federally funded, Department of Healthcare
11and Family Services administered, medical programs as a
12condition of receiving services provided pursuant to Part C of
13the Individuals with Disabilities Education Act.
14    (d) With the cooperation of the Department of Healthcare
15and Family Services, the lead agency shall establish
16procedures that ensure the timely and maximum allowable
17recovery of payments for all early intervention services and
18allowable administrative costs under Article V of the Illinois
19Public Aid Code and the Children's Health Insurance Program
20Act and shall include those procedures in the interagency
21agreement required under subsection (e) of Section 10-35 of
22Article 10 of this Act.
23    (e) For purposes of making referrals for final
24determinations of eligibility for any federally funded,
25Department of Healthcare and Family Services administered,
26medical programs benefits under the Children's Health

 

 

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1Insurance Program Act and for medical assistance under Article
2V of the Illinois Public Aid Code, the lead agency shall
3require each early intervention regional intake entity to
4enroll as an application agent in order for the entity to
5complete any federally funded, Department of Healthcare and
6Family Services administered, medical programs application as
7authorized under Section 22 of the Children's Health Insurance
8Program Act.
9    (f) For purposes of early intervention services that may
10be provided by the Division of Specialized Care for Children
11of the University of Illinois (DSCC), the lead agency shall
12establish procedures whereby the early intervention regional
13intake entities may determine whether children enrolled in the
14early intervention program may also be eligible for those
15services, and shall develop, (i) the interagency agreement
16required under subsection (e) of Section 10-35 of this Act,
17establishing that early intervention funds are to be used as
18the payor of last resort when services required under an
19individualized family services plan may be provided to an
20eligible child through the DSCC, and (ii) training guidelines
21for the regional intake entities and providers that explain
22eligibility and billing procedures for services through DSCC.
23    (g) The lead agency shall require that an individual
24applying for or renewing enrollment as a provider of services
25in the early intervention program state whether or not he or
26she is also enrolled as a DSCC provider. This information

 

 

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1shall be noted next to the name of the provider on the
2computerized roster of Illinois early intervention providers,
3and regional intake entities shall make every effort to refer
4families eligible for DSCC services to these providers.
 
5    Section 10-85. Private health insurance; assignment. The
6lead agency shall determine, at the point of new applications
7for early intervention services, and for all children enrolled
8in the early intervention program, at the regional intake
9offices, whether the child is insured under a private health
10insurance plan or policy.
 
11    Section 10-90. Billing of insurance carrier.
12    (a) Subject to the restrictions against private insurance
13use on the basis of material risk of loss of coverage, as
14determined under Section 10-100, each enrolled provider who is
15providing a family with early intervention services shall bill
16the child's insurance carrier for each unit of early
17intervention service for which coverage may be available. The
18lead agency may exempt from the requirement of this paragraph
19any early intervention service that it has deemed not to be
20covered by insurance plans. When the service is not exempted,
21providers who receive a denial of payment on the basis that the
22service is not covered under any circumstance under the plan
23are not required to bill that carrier for that service again
24until the following insurance benefit year. That explanation

 

 

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1of benefits denying the claim, once submitted to the central
2billing office, shall be sufficient to meet the requirements
3of this paragraph as to subsequent services billed under the
4same billing code provided to that child during that insurance
5benefit year. Any time limit on a provider's filing of a claim
6for payment with the central billing office that is imposed
7through a policy, procedure, or rule of the lead agency shall
8be suspended until the provider receives an explanation of
9benefits or other final determination of the claim it files
10with the child's insurance carrier.
11    (b) In all instances when an insurance carrier has been
12billed for early intervention services, whether paid in full,
13paid in part, or denied by the carrier, the provider must
14provide the central billing office, within 90 days after
15receipt, with a copy of the explanation of benefits form and
16other information in the manner prescribed by the lead agency.
17    (c) When the insurance carrier has denied the claim or
18paid an amount for the early intervention service billed that
19is less than the current State rate for early intervention
20services, the provider shall submit the explanation of
21benefits with a claim for payment, and the lead agency shall
22pay the provider the difference between the sum actually paid
23by the insurance carrier for each unit of service provided
24under the individualized family service plan and the current
25State rate for early intervention services. The State shall
26also pay the family's co-payment or co-insurance under its

 

 

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1plan, but only to the extent that those payments plus the
2balance of the claim do not exceed the current State rate for
3early intervention services. The provider may under no
4circumstances bill the family for the difference between its
5charge for services and that which has been paid by the
6insurance carrier or by the State.
 
7    Section 10-95. Families with insurance coverage.
8    (a) Families of children with insurance coverage, whether
9public or private, shall incur no greater or less direct
10out-of-pocket expenses for early intervention services than
11families 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

 

 

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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.

 

 

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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

 

 

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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
16family whose child is eligible to receive early intervention
17services to apply for an exemption restricting the use of its
18private insurance plan or policy based on material risk of
19loss of coverage as authorized under subsection (c) of this
20Section.
21    (b) The lead agency shall make a final determination on a
22request for an exemption within 10 business days after its
23receipt of a written request for an exemption at the regional
24intake entity. During those 10 days, no claims may be filed
25against the insurance plan or policy. If the exemption is

 

 

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1granted, it shall be noted on the individualized family
2service plan, and the family and the providers serving the
3family shall be notified in writing of the exemption.
4    (c) An exemption may be granted on the basis of material
5risk of loss of coverage only if the family submits
6documentation with its request for an exemption that
7establishes (i) that the insurance plan or policy covering the
8child is an individually purchased plan or policy and has been
9purchased by a head of a household that is not eligible for a
10group medical insurance plan, (ii) that the policy or plan has
11a lifetime cap that applies to one or more specific types of
12early intervention services specified in the family's
13individualized family service plan, and that coverage could be
14exhausted during the period covered by the individualized
15family service plan, or (iii) proof of another risk that the
16lead agency, in its discretion, may have additionally
17established and defined as a ground for exemption by rule.
18    (d) An exemption under this Section based on material risk
19of loss of coverage may apply to all early intervention
20services and all plans or policies insuring the child, may be
21limited to one or more plans or policies, or may be limited to
22one or more types of early intervention services in the
23child's individualized family services plan.
 
24    Section 10-105. System of personnel development. The lead
25agency shall provide training to early intervention providers

 

 

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1and may enter into contracts to meet this requirement in
2accordance with Section 1-30(c) of this Act. This training
3shall include, at minimum, the following types of instruction:
4    (a) Courses in birth-to-3 evaluation and treatment of
5children with developmental disabilities and delays (1) that
6are taught by fully credentialed early intervention providers
7or educators with substantial experience in evaluation and
8treatment of children from birth to age 3 with developmental
9disabilities and delays, (2) that cover these topics within
10each of the disciplines of audiology, occupational therapy,
11physical therapy, speech and language pathology, and
12developmental therapy, including the social-emotional domain
13of development, (3) that are held no less than twice per year,
14(4) that offer no fewer than 20 contact hours per year of
15course work, (5) that are held in no fewer than 5 separate
16locales throughout the State, and (6) that give enrollment
17priority to early intervention providers who do not meet the
18experience, education, or continuing education requirements
19necessary to be fully credentialed early intervention
20providers; and
21    (b) Courses held no less than twice per year for no fewer
22than 4 hours each in no fewer than 5 separate locales
23throughout 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

 

 

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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
161-30(c) of this Act, the lead agency may enter into contracts
17for some or all of its responsibilities under this Act,
18including, but not limited to: credentialing and enrolling
19providers; training under Section 10-105; maintaining a
20central billing office; data collection and analysis;
21establishing and maintaining a computerized case management
22system accessible to local referral offices and providers;
23creating and maintaining a system for provider credentialing
24and enrollment; creating and maintaining the central directory
25required under subsection (g) of Section 10-45 of this Act;

 

 

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1and program operations. Contracts with or grants to regional
2intake entities must be made subject to public bid under a
3request for proposals process.
 
4    Section 10-120. Early Intervention Services Revolving
5Fund. The Early Intervention Services Revolving Fund, created
6by Public Act 89-106, shall be held by the lead agency.
7    The Early Intervention Services Revolving Fund shall be
8used to the extent determined necessary by the lead agency to
9pay for early intervention services.
10    Local Accounts for such purposes may be established by the
11lead agency.
12    Expenditures from the Early Intervention Services
13Revolving Fund shall be made in accordance with applicable
14program provisions and shall be limited to those purposes and
15amounts specified under applicable program guidelines. Funding
16of the Fund shall be from family fees, insurance company
17payments, federal financial participation received as
18reimbursement for expenditures from the Fund, and
19appropriations made to the State agencies involved in the
20payment for early intervention services under this Act.
21    Disbursements from the Early Intervention Services
22Revolving Fund shall be made as determined by the lead agency
23or its designee. Funds in the Early Intervention Services
24Revolving Fund or the local accounts created under this
25Section that are not immediately required for expenditure may

 

 

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1be invested in certificates of deposit or other interest
2bearing accounts. Any interest earned shall be deposited in
3the 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
7responsibilities related to home-visiting services Beginning
8July 1, 2024, the Department of Early Childhood and the
9Department of Human Services shall collaborate and plan for
10the transition of administrative responsibilities related to
11home-visiting services as prescribed in Section 10-16 of the
12Department of Human Services Act.
 
13    Section 15-10. Home visiting program.
14    (a) The General Assembly finds that research-informed home
15visiting programs work to strengthen families' functioning and
16support parents in caring for their children to ensure optimal
17child development.
18    (b) Through June 30, 2026, the Department of Human
19Services shall administer a home visiting program to support
20communities in providing intensive home visiting programs to
21pregnant persons and families with children from birth up to
22elementary school enrollment. Services shall be offered on a
23voluntary basis to families. In awarding grants under the

 

 

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1program, the Department of Human Services shall prioritize
2populations or communities in need of such services, as
3determined by the Department of Human Services, based on data
4including, but not limited to, statewide home visiting needs
5assessments. Eligibility under the program shall also take
6into consideration requirements of the federal Maternal,
7Infant, and Early Childhood Home Visiting Program and Head
8Start and Early Head Start to ensure appropriate alignment.
9The 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
17Childhood shall establish and administer a home visiting
18program to support communities in providing intensive home
19visiting programs to pregnant persons and families with
20children 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:

 

 

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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
21home-visiting programs subject to Section 15-10 (b) and
22Section 15-10(b-5) shall award grants to community-based
23agencies in accordance with this Section and any other rules
24that may be adopted by the Department. Successful grantees
25under this program shall comply with policies and procedures
26on program, data, and expense reporting as developed by the

 

 

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1Department.
2    (e) Funds received under this Section shall supplement,
3not supplant, other existing or new federal, State, or local
4sources of funding for these services. Any new federal funding
5received shall supplement and not supplant funding for this
6program.
7    (f) The Department administering home-visiting programs
8subject to Section 15-10 (b) and Section 15-10(b-5) shall
9collaborate with relevant agencies to support the coordination
10and alignment of home visiting services provided through other
11State and federal funds, to the extent possible. The
12Department administering home-visiting programs subject to
13Section 15-10 (b) and Section 15-10(b-5) shall collaborate
14with the State Board of Education, the Department of
15Healthcare and Family Services, and Head Start and Early Head
16Start in the implementation of these services to support
17alignment with home visiting services provided through the
18Early Childhood Block Grant and the State's Medical Assistance
19Program, respectively, to the extent possible.
20    (g) An advisory committee shall advise the Department
21administering home-visiting programs subject to Section
2215-10(b) and Section 15-10(b-5) concerning the implementation
23of the home visiting program. The advisory committee shall
24make recommendations on policy and implementation. The
25Department shall determine whether the advisory committee
26shall be a newly created body or an existing body such as a

 

 

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1committee of the Illinois Early Learning Council. The advisory
2committee shall consist of one or more representatives of the
3Department, other members representing public and private
4entities that serve and interact with the families served
5under the home visiting program, with the input of families
6engaged in home visiting or related services themselves.
7Family input may be secured by engaging families as members of
8this advisory committee or as a separate committee of family
9representatives.
10    (h) The Department of Early Childhood may adopt any rules
11necessary to implement this Section.
 
12    Section 15-15. Collaboration; planning. Beginning July 1,
132024, the Department of Early Childhood shall collaborate with
14the Illinois State Board of Education on administration of the
15early childhood programs established in Sections 1C-2, 2-3.71,
162-3.71a, and 2-3.89 of the School Code. The Department of
17Early Childhood and the Illinois State Board of Education
18shall plan for the transfer of administrative responsibilities
19that will occur on and after July 1, 2026.
 
20    Section 15-20. Programs concerning services to at-risk
21children and their families.
22    (a) On and after July 1, 2026, the Department of Early
23Childhood may provide grants to eligible entities, as defined
24by the Department, to establish programs which offer

 

 

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1coordinated services to at-risk infants and toddlers and their
2families. Each program shall include a parent education
3program relating to the development and nurturing of infants
4and toddlers and case management services to coordinate
5existing services available in the region served by the
6program. These services shall be provided through the
7implementation of an individual family service plan. Each
8program will have a community involvement component to provide
9coordination in the service system.
10    (b) The Department shall administer the programs through
11the grants to public school districts and other eligible
12entities. These grants must be used to supplement, not
13supplant, funds received from any other source. School
14districts and other eligible entities receiving grants
15pursuant to this Section shall conduct voluntary, intensive,
16research-based, and comprehensive prevention services, as
17defined by the Department, for expecting parents and families
18with children from birth to age 3 who are at-risk of academic
19failure. A public school district that receives a grant under
20this Section may subcontract with other eligible entities.
21    (c) The Department shall report to the General Assembly by
22July 1, 2028 and every 2 years thereafter, using the most
23current data available, on the status of programs funded under
24this Section, including without limitation characteristics of
25participants, services delivered, program models used, unmet
26needs, and results of the programs funded.
 

 

 

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1    Section 15-25. Block grants.
2    (a) Through June 30, 2026, the State Board of Education
3shall award block grants to school districts and other
4entities pursuant to Section 1C-2 of the School Code.
5    (b) On and after July 1, 2026, the Department of Early
6Childhood shall award to school districts and other entities
7block grants as described in subsection (c). The Department of
8Early Childhood may adopt rules necessary to implement this
9Section. Block grants are subject to audit. Therefore, block
10grant receipts and block grant expenditures shall be recorded
11to the appropriate fund code.
12    (c) An Early Childhood Education Block Grant shall be
13created by combining the following programs: Preschool
14Education, Parental Training and Prevention Initiative. These
15funds shall be distributed to school districts and other
16entities on a competitive basis, except that the Department of
17Early Childhood shall award to a school district having a
18population exceeding 500,000 inhabitants 37% of the funds in
19each fiscal year. Not less than 14% of the Early Childhood
20Education Block Grant allocation of funds shall be used to
21fund programs for children ages 0-3. Beginning in Fiscal Year
222016, at least 25% of any additional Early Childhood Education
23Block Grant funding over and above the previous fiscal year's
24allocation shall be used to fund programs for children ages
250-3. Once the percentage of Early Childhood Education Block

 

 

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1Grant funding allocated to programs for children ages 0-3
2reaches 20% of the overall Early Childhood Education Block
3Grant allocation for a full fiscal year, thereafter in
4subsequent fiscal years the percentage of Early Childhood
5Education Block Grant funding allocated to programs for
6children ages 0-3 each fiscal year shall remain at least 20% of
7the overall Early Childhood Education Block Grant allocation.
8However, if, in a given fiscal year, the amount appropriated
9for the Early Childhood Education Block Grant is insufficient
10to increase the percentage of the grant to fund programs for
11children ages 0-3 without reducing the amount of the grant for
12existing providers of preschool education programs, then the
13percentage of the grant to fund programs for children ages 0-3
14may be held steady instead of increased.
15    (d) A school district in a city having a population
16exceeding 500,000 is not required to file any application or
17other claim in order to receive the block grant to which it is
18entitled under this Section. The Department of Early Childhood
19shall make payments to the district of amounts due under the
20district's block grant on a schedule determined by the
21Department. A school district to which this Section applies
22shall report to the Department of Early Childhood on its use of
23the block grant in such form and detail as the Department may
24specify. In addition, the report must include the following
25description for the district, which must also be reported to
26the General Assembly: block grant allocation and expenditures

 

 

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1by program; population and service levels by program; and
2administrative expenditures by program. The Department shall
3ensure that the reporting requirements for the district are
4the same as for all other school districts in this State.
5Beginning in Fiscal Year 2018, at least 25% of any additional
6Preschool Education, Parental Training, and Prevention
7Initiative program funding over and above the previous fiscal
8year's allocation shall be used to fund programs for children
9ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool
10Education, Parental Training, and Prevention Initiative
11programs above the allocation for these programs in Fiscal
12Year 2017 must be used solely as a supplement for these
13programs and may not supplant funds received from other
14sources.
15    (e) Reports. School districts and other entities that
16receive an Early Childhood Education Block Grant shall report
17to the Department of Early Childhood on its use of the block
18grant in such form and detail as the Department may specify. In
19addition, the report must include the following description
20for the district and other entities that receive an Early
21Childhood Block Grant, which must also be reported to the
22General Assembly: block grant allocation and expenditures by
23program; population and service levels by program; and
24administrative expenditures by program.
 
25    Section 15-30. Grants for preschool educational programs.

 

 

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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

 

 

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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

 

 

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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;

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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1        programs shall annually report to the State Board of
2        Education, and, beginning in Fiscal Year 2020, the
3        State Board of Education shall make available on a
4        biennial basis, in an existing report, all of the
5        following data for children from birth to age 5 who are
6        served by the program:
7                (i) Total number served over the course of the
8            program year and the total number of children who
9            left the program during the program year.
10                (ii) Number of planned transitions to another
11            program due to children's behavior, by children's
12            race, gender, disability, language, class/group
13            size, teacher-child ratio, and length of program
14            day.
15                (iii) Number of temporary removals of a child
16            from attendance in group settings due to a serious
17            safety threat under subparagraph (E) of this
18            paragraph (7), by children's race, gender,
19            disability, language, class/group size,
20            teacher-child ratio, and length of program day.
21                (iv) Hours of infant and early childhood
22            mental health consultant contact with program
23            leaders, staff, and families over the program
24            year.
25            (G-5) On and after July 1, 2026, early childhood
26        programs shall annually report to the Department of

 

 

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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

 

 

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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,
7grantees may serve children ages 0 to 12 of essential workers
8if the Governor has declared a disaster due to a public health
9emergency pursuant to Section 7 of the Illinois Emergency
10Management Agency Act. The Department of Early Childhood may
11adopt rules to administer this subsection.
 
12    Section 15-35. Chronic absenteeism in preschool children.
13    (a) In this Section, "chronic absence" means absences that
14total 10% or more of school days of the most recent academic
15school year, including absences with and without valid cause,
16as defined in Section 26-2a of the School Code.
17    (b) The General Assembly makes all of the following
18findings:
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

 

 

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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
7Expansion Program under Section 15-30 of this Act shall
8collect and review its chronic absence data and determine what
9support and resources are needed to positively engage
10chronically absent students and their families to encourage
11the habit of daily attendance and promote success.
12    (d) The Preschool for All Program and Preschool for All
13Expansion Program under Section 15-30 of this Act are
14encouraged 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
26through June 30, 2026, the Preschool for All Program and

 

 

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1Preschool for All Expansion Program shall report all data
2collected under subsection (c) of this Section to the State
3Board of Education, which shall make the report publicly
4available via the Illinois Early Childhood Asset Map Internet
5website and the Preschool for All Program or Preschool for All
6Expansion Program triennial report.
7    (e-5) On and after July 1, 2026, the Preschool for All
8Program and Preschool for All Expansion Program shall report
9all data collected under subsection (c) to the Department of
10Early Childhood, which shall review the chronic absence data
11to determine what support and resources are needed to
12positively engage chronically absent students and their
13families to encourage the habit of daily attendance and
14promote success. The Department shall also report all data
15collected under this subsection and make a report publicly
16available via the Illinois Early Childhood Asset Map Internet
17website and the Preschool for All Program or Preschool for All
18Expansion Program triennial report.
 
19    Section 15-40. Restrictions on prekindergarten
20assessments.
21    (a) In this Section:
22    "Diagnostic and screening purposes" means for the purpose
23of determining if individual students need remedial
24instruction or to determine eligibility for special education,
25early intervention, bilingual education, dyslexia services, or

 

 

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1other related educational services. Any assessment used to
2determine eligibility for special education or related
3services must be consistent with Section 614 of the federal
4Individuals with Disabilities Education Act. "Diagnostic and
5screening purposes" includes the identification and evaluation
6of students with disabilities. "Diagnostic and screening
7purposes" does not include any assessment in which student
8scores are used to rate or rank a classroom, program, teacher,
9school, school district, or jurisdiction.
10    "Standardized assessment" means an assessment that
11requires all student test takers to answer the same questions,
12or a selection of questions from a common bank of questions, in
13the same manner or substantially the same questions in the
14same manner. "Standardized assessment" does not include an
15observational assessment tool used to satisfy the requirements
16of Section 2-3.64a-10 of the School Code.
17    (b) Consistent with Section 2-3.64a-15 of the School Code,
18the Department of Early Childhood may not develop, purchase,
19or require a school district to administer, develop, or
20purchase a standardized assessment for students enrolled or
21preparing to enroll in prekindergarten, other than for
22diagnostic and screening purposes.
23    (c) Consistent with Section 2-3.64a-15 of the School Code,
24the Department of Early Childhood may not provide funding for
25any standardized assessment of students enrolled or preparing
26to enroll in prekindergarten, other than for diagnostic and

 

 

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1screening purposes.
2    (d) Nothing in this Section shall be construed to limit
3the ability of a classroom teacher or school district to
4develop, purchase, administer, or score an assessment for an
5individual classroom, grade level, or group of grade levels in
6any subject area in prekindergarten.
7    (e) Nothing in this Section limits procedures used by a
8school or school district for child find under 34 CFR
9300.111(c) or evaluation under 34 CFR 300.304.
10    (f) Nothing in this Section restricts the use of an annual
11assessment of English proficiency of all English learners to
12comply with Section 1111(b)(2)(G) of the federal Elementary
13and Secondary Education Act of 1965.
 
14    Section 15-45. Grants for early childhood parental
15training programs. On and after July 1, 2026, the Department
16of Early Childhood shall implement and administer a grant
17program consisting of grants to public school districts and
18other eligible entities, as defined by the Department, to
19conduct early childhood parental training programs for the
20parents of children in the period of life from birth to
21prekindergarten. A public school district that receives grants
22under this Section may contract with other eligible entities
23to conduct an early childhood parental training program. These
24grants must be used to supplement, not supplant, funds
25received from any other source. A school board or other

 

 

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1eligible entity shall employ appropriately qualified personnel
2for its early childhood parental training program, including
3but not limited to certified teachers, counselors,
4psychiatrists, psychologists and social workers.
5    (a) As used in this Section, "parental training" means and
6includes 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
19substantial participation and interaction between parent and
20child.
21    (b) The Department shall annually award funds through a
22grant approval process established by the Department,
23providing that an annual appropriation is made for this
24purpose from State, federal or private funds. Nothing in this
25Section shall preclude school districts from applying for or
26accepting private funds to establish and implement programs.

 

 

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1    (c) The Department shall assist those districts and other
2eligible entities offering early childhood parental training
3programs, upon request, in developing instructional materials,
4training teachers and staff, and establishing appropriate time
5allotments for each of the areas included in such instruction.
6    (d) School districts and other eligible entities may offer
7early childhood parental training courses during that period
8of the day which is not part of the regular school day.
9Residents of the community may enroll in such courses. The
10school board or other eligible entity may establish fees and
11collect such charges as may be necessary for attendance at
12such courses in an amount not to exceed the per capita cost of
13the operation thereof, except that the board or other eligible
14entity may waive all or part of such charges if it determines
15that the parent is indigent or that the educational needs of
16the parent require his or her attendance at such courses.
17    (e) Parents who participate in early childhood parental
18training programs under this Section may be eligible for
19reasonable reimbursement of any incidental transportation and
20child care expenses from the school district receiving funds
21pursuant to this Section.
22    (f) Districts and other eligible entities receiving grants
23pursuant to this Section shall coordinate programs created
24under this Section with other preschool educational programs,
25including "at-risk" preschool programs, special and vocational
26education, and related services provided by other governmental

 

 

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1agencies and not-for-profit agencies.
2    (g) Early childhood programs under this Section are
3subject 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
7grants to public school districts and not-for-profit entities
8for early childhood construction projects, except that in
9Fiscal Year 2024 those grants may be made only to public school
10districts. These grants shall be paid out of moneys
11appropriated for that purpose from the School Construction
12Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
13Projects Fund. No grants may be awarded to entities providing
14services within private residences. A public school district
15or other eligible entity must provide local matching funds in
16the 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

 

 

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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
13entitlement to a grant under this Section.
14    (b) The Capital Development Board shall adopt rules to
15implement this Section. These rules need not be the same as the
16rules for school construction project grants or school
17maintenance 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

 

 

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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
5the acquisition or construction of new facilities, the Capital
6Development Board or any State agency it so designates shall
7hold title to or place a lien on the facility for a period of
810 years after the date of the grant award, after which title
9to the facility shall be transferred to the non-profit
10corporation or the lien shall be removed, provided that the
11non-profit corporation has complied with the terms of its
12grant agreement. When grants are made to non-profit
13corporations for the purpose of renovation or rehabilitation,
14if the non-profit corporation does not comply with item (5) of
15subsection (b) of this Section, the Capital Development Board
16or any State agency it so designates shall recover the grant
17pursuant to the procedures outlined in the Illinois Grant
18Funds Recovery Act.
19    (c) On and after July 1, 2026, the Capital Development
20Board, in consultation with the Department of Early Childhood,
21shall establish standards for the determination of priority
22needs concerning early childhood projects based on projects
23located in communities in the State with the greatest
24underserved population of young children, utilizing Census
25data and other reliable local early childhood service data.
26    (d) In each school year in which early childhood

 

 

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1construction project grants are awarded, 20% of the total
2amount awarded shall be awarded to a school district with a
3population of more than 500,000, provided that the school
4district complies with the requirements of this Section and
5the rules adopted under this Section.
 
6    Section 15-55. Infant/early childhood mental health
7consultations.
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

 

 

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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

 

 

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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
16following 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,

 

 

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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
21Department of Early Childhood and the Department of Human
22Services shall collaborate and plan for the transition of
23child care services for children established in Section 5.15
24of the Children and Family Services Act.
 

 

 

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1    Section 20-10. Child care.
2    (a) The General Assembly recognizes that families with
3children need child care in order to work. Child care is
4expensive and families with limited access to economic
5resources, including those who are transitioning from welfare
6to work, often struggle to pay the costs of day care. The
7General Assembly understands the importance of helping working
8families with limited access to economic resources become and
9remain self-sufficient. The General Assembly also believes
10that it is the responsibility of families to share in the costs
11of child care. It is also the preference of the General
12Assembly that all working families with limited access to
13economic resources should be treated equally, regardless of
14their welfare status.
15    (b) On and after July 1, 2026, to the extent resources
16permit, the Illinois Department of Early Childhood shall
17provide child care services to parents or other relatives as
18defined by rule who are working or participating in employment
19or Department approved education or training programs as
20prescribed in Section 9A-11 of the Illinois Public Aid Code.
21    (c) Smart Start Child Care Program. Through June 30, 2026,
22subject to appropriation, the Department of Human Services
23shall establish and administer the Smart Start Child Care
24Program. On and after July 1, 2026, the Department of Early
25Childhood shall administer the Smart Start Child Care Program.

 

 

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1The Smart Start Child Care Program shall focus on creating
2affordable child care, as well as increasing access to child
3care, for Illinois residents and may include, but is not
4limited to, providing funding to increase preschool
5availability, providing funding for childcare workforce
6compensation or capital investments, and expanding funding for
7Early Childhood Access Consortium for Equity Scholarships. The
8Department with authority to administer the Smart Start Child
9Care Program shall establish program eligibility criteria,
10participation conditions, payment levels, and other program
11requirements by rule. The Department with authority to
12administer the Smart Start Child Care Program may consult with
13the Capital Development Board, the Department of Commerce and
14Economic Opportunity, the State Board of Education, and the
15Illinois Housing Development Authority, and other state
16agencies as determined by the Department in the management and
17disbursement of funds for capital-related projects. The
18Capital Development Board, the Department of Commerce and
19Economic Opportunity, the State Board of Education, and the
20Illinois Housing Development Authority, and other state
21agencies as determined by the Department shall act in a
22consulting role only for the evaluation of applicants, scoring
23of applicants, or administration of the grant program.
 
24    Section 20-15. Day care services.
25    (a) For the purpose of ensuring effective statewide

 

 

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1planning, development, and utilization of resources for the
2day care of children, operated under various auspices, the
3Department of Early Childhood is designated on and after July
41, 2026 to coordinate all day care activities for children of
5the State and shall develop or continue, and shall update
6every year, a State comprehensive day care plan for submission
7to the Governor that identifies high-priority areas and
8groups, relating them to available resources and identifying
9the most effective approaches to the use of existing day care
10services. The State comprehensive day care plan shall be made
11available to the General Assembly following the Governor's
12approval of the plan.
13    The plan shall include methods and procedures for the
14development of additional day care resources for children to
15meet the goal of reducing short-run and long-run dependency
16and to provide necessary enrichment and stimulation to the
17education of young children. Recommendations shall be made for
18State policy on optimum use of private and public, local,
19State and federal resources, including an estimate of the
20resources needed for the licensing and regulation of day care
21facilities.
22    A written report shall be submitted to the Governor and
23the General Assembly annually on April 15. The report shall
24include an evaluation of developments over the preceding
25fiscal year, including cost-benefit analyses of various
26arrangements. Beginning with the report in 1990 submitted by

 

 

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1the Department's predecessor agency and every 2 years
2thereafter, 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.

 

 

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1    (b) The Department of Early Childhood shall establish
2policies and procedures for developing and implementing
3interagency agreements with other agencies of the State
4providing child care services or reimbursement for such
5services. The plans shall be annually reviewed and modified
6for the purpose of addressing issues of applicability and
7service system barriers.
8    (c) In cooperation with other State agencies, the
9Department of Early Childhood shall develop and implement, or
10shall continue, a resource and referral system for the State
11of Illinois either within the Department or by contract with
12local or regional agencies. Funding for implementation of this
13system may be provided through Department appropriations or
14other interagency funding arrangements. The resource and
15referral 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
26care planning activities with the following priorities:

 

 

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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

 

 

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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
19to ensure such parents' graduation from high school and to
20services for participants in any programs of job training
21conducted by the Department.
22    (e) The Department of Early Childhood shall actively
23stimulate the development of public and private resources at
24the local level. It shall also seek the fullest utilization of
25federal funds directly or indirectly available to the
26Department. Where appropriate, existing non-governmental

 

 

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1agencies or associations shall be involved in planning by the
2Department.
 
3    Section 20-20. Day care facilities for the children of
4migrant workers. On and after July 1, 2026, the Department of
5Early Childhood shall operate day care facilities for the
6children of migrant workers in areas of the State where they
7are needed. The Department of Early Childhood may provide
8these day care services by contracting with private centers if
9practicable. "Migrant worker" means any person who moves
10seasonally from one place to another, within or without the
11State, for the purpose of employment in agricultural
12activities.
 
13    Section 20-25. Licensing day care facilities.
14    (a) Beginning July 1, 2024, the Department of Early
15Childhood and the Department of Children and Family Services
16shall collaborate and plan for the transition of
17administrative responsibilities related to licensing day care
18centers, day care homes, and group day care homes as
19prescribed throughout the Child Care Act of 1969.
20    (b) Beginning July 1, 2026, the Department of Early
21Childhood shall manage all facets of licensing for day care
22centers, day care homes, and group day care homes as
23prescribed throughout the Child Care Act of 1969.
 

 

 

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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
18emergency medical services personnel as defined in the
19Emergency Medical Services (EMS) Systems Act, firefighters,
20law enforcement officers, and, as determined by the Department
21of Early Childhood on and after July 1, 2026, any other workers
22who, on account of their work schedule, need child care
23outside of the hours when licensed child care facilities
24typically operate.
25    (c) Beginning July 1, 2026, the Department of Early
26Childhood shall administer the Off-Hours Child Care Program to

 

 

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1help first responders and other workers identify and access
2off-hours, night, or sleep time child care, subject to
3appropriation. Services funded under the program must address
4the child care needs of first responders. Funding provided
5under the program may also be used to cover any capital and
6operating expenses related to the provision of off-hours,
7night, or sleep time child care for first responders. Funding
8awarded under this Section shall be funded through
9appropriations from the Off-Hours Child Care Program Fund
10created under Public Act 102-912. The Department of Early
11Childhood may adopt any rules necessary to implement the
12program.
 
13    Section 20-35. Great START program.
14    (a) Through June 30, 2026, the Department of Human
15Services shall, subject to a specific appropriation for this
16purpose, operate a Great START (Strategy To Attract and Retain
17Teachers) program. The goal of the program is to improve
18children's developmental and educational outcomes in child
19care by encouraging increased professional preparation by
20staff and staff retention. The Great START program shall
21coordinate with the TEACH professional development program.
22    The program shall provide wage supplements and may include
23other incentives to licensed child care center personnel,
24including early childhood teachers, school-age workers, early
25childhood assistants, school-age assistants, and directors, as

 

 

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1such positions are defined by administrative rule of the
2Department of Children and Family Services. The program shall
3provide wage supplements and may include other incentives to
4licensed family day care home personnel and licensed group day
5care home personnel, including caregivers and assistants as
6such positions are defined by administrative rule of the
7Department of Children and Family Services. Individuals will
8receive supplements commensurate with their qualifications.
9    (b) On and after July 1, 2026, the Department of Early
10Childhood shall, subject to a specific appropriation for this
11purpose, operate a Great START program. The goal of the
12program is to improve children's developmental and educational
13outcomes in child care by encouraging increased professional
14preparation by staff and staff retention. The Great START
15program shall coordinate with the TEACH professional
16development program.
17    The program shall provide wage supplements and may include
18other incentives to licensed child care center personnel,
19including early childhood teachers, school-age workers, early
20childhood assistants, school-age assistants, and directors, as
21such positions are defined by administrative rule by the
22Department pursuant to subsections (a) and this subsection.
23    (c) The Department, pursuant to subsections (a) and (b),
24shall, by rule, define the scope and operation of the program,
25including a wage supplement scale. The scale shall pay
26increasing amounts for higher levels of educational attainment

 

 

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1beyond minimum qualifications and shall recognize longevity of
2employment. Subject to the availability of sufficient
3appropriation, the wage supplements shall be paid to child
4care personnel in the form of bonuses at 6-month intervals.
5Six months of continuous service with a single employer is
6required to be eligible to receive a wage supplement bonus.
7Wage supplements shall be paid directly to individual day care
8personnel, not to their employers. Eligible individuals must
9provide to the Department or its agent all information and
10documentation, including but not limited to college
11transcripts, to demonstrate their qualifications for a
12particular wage supplement level.
13    If appropriations permit, the Department may include
14one-time signing bonuses or other incentives to help providers
15attract staff, provided that the signing bonuses are less than
16the supplement staff would have received if they had remained
17employed with another day care center or family day care home.
18    If appropriations permit, the Department may include
19one-time longevity bonuses or other incentives to recognize
20staff who have remained with a single employer.
 
21    Section 20-40. Programs to train low-income older persons
22to be child care workers. On and after July 1, 2026, the
23Department of Early Childhood may, in conjunction with
24colleges or universities in this State, establish programs to
25train low-income older persons to be child care workers. The

 

 

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1Department 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;
8conversion and renovation grants; Department of Early
9Childhood.
10    (a) The General Assembly finds that the demand for quality
11child care far outweighs the number of safe, quality spaces
12for our children. The purpose of this Section is to increase
13the 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
21Childhood may from appropriations from the Child Care
22Development Block Grant establish a demonstration project to
23train individuals to become home child care providers who are
24able to establish and operate their own home-based child care
25facilities. On and after July 1, 2026, the Department of Early

 

 

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1Childhood is authorized to use funds for this purpose from the
2child care and development funds deposited into the DHS
3Special Purposes Trust Fund as described in Section 12-10 of
4the Illinois Public Aid Code or deposited into the Employment
5and Training Fund as described in Section 12-10.3 of the
6Illinois Public Aid Code. As an economic development program,
7the project's focus is to foster individual self-sufficiency
8through an entrepreneurial approach by the creation of new
9jobs and opening of new small home-based child care
10businesses. The demonstration project shall involve
11coordination among State and county governments and the
12private sector, including but not limited to: the community
13college system, the Departments of Labor and Commerce and
14Economic Opportunity, the State Board of Education, large and
15small private businesses, non-profit programs, unions, and
16child care providers in the State.
17    (c) On and after July 1, 2026, the Department of Early
18Childhood may from appropriations from the Child Care
19Development Block Grant provide grants to family child care
20providers and center based programs to convert and renovate
21existing facilities, to the extent permitted by federal law,
22so additional family child care homes and child care centers
23can 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

 

 

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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

 

 

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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

 

 

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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,
182026:
19    (a) The powers, duties, rights, and responsibilities
20vested in the transferring agencies relating to early care and
21education programs and services to children and families
22transferred by this Act shall be vested in and shall be
23exercised by the Department of Early Childhood.
24    (b) Personnel employed by the Department of Human Services

 

 

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1or the Department of Children and Family Services who are
2engaged in the performance of functions transferred to the
3Department or who are engaged in the administration of a law
4the administration of which is transferred to the Department
5shall be transferred to the Department of Early Childhood. The
6status and rights of the employees and the State of Illinois or
7its transferring agencies under the Personnel Code, the
8Illinois Public Labor Relations Act, and applicable collective
9bargaining agreements, or under any pension, retirement, or
10annuity plan, shall not be affected by this Act.
11    (c) All books, records, papers, documents, property (real
12and personal), contracts, causes of action, and pending
13business pertaining to the powers, duties, rights, and
14responsibilities relating to functions transferred under this
15Act to the Department of Early Childhood, including, but not
16limited to, material in electronic or magnetic format and
17necessary computer hardware and software, shall be transferred
18to the Department.
19    (d) Whenever reports or notices are now required to be
20made or given or papers or documents furnished or served by any
21person in connection with any of the powers, duties, rights,
22and responsibilities relating to functions transferred by this
23Act, the same shall be made, given, furnished, or served in the
24same manner to or upon the Department.
25    (e) This Act does not affect any act done, ratified, or
26canceled or any right occurring or established or any action

 

 

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1or proceeding had or commenced in an administrative, civil, or
2criminal cause by each transferring agency relating to
3functions transferred by this Act before the transfer of
4responsibilities; such actions or proceedings may be
5prosecuted and continued by the Department.
 
6    Section 80-10. Rules and standards.
7    (a) The rules and standards of the Department's
8predecessor agencies that are in effect on June 30, 2026 and
9pertain to the rights, powers, duties, and functions
10transferred to the Department under this Act shall become the
11rules and standards of the Department of Early Childhood on
12July 1, 2026 and shall continue in effect until amended or
13repealed by the Department.
14    (b) Any rules pertaining to the rights, powers, duties,
15and functions transferred to the Department under this Act
16that have been proposed by a predecessor agency but have not
17taken effect or been finally adopted by June 30, 2026 shall
18become proposed rules of the Department of Early Childhood on
19July 1, 2026, and any rulemaking procedures that have already
20been completed by the predecessor agency for those proposed
21rules need not be repeated.
22    (c) As soon as practical after July 1, 2026, the
23Department of Early Childhood shall revise and clarify the
24rules transferred to it under this Act to reflect the
25reorganization of rights, powers, duties, and functions

 

 

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1effected by this Act using the procedures for recodification
2of rules available under the Illinois Administrative Procedure
3Act, except that existing Title, Part, and Section numbering
4for the affected rules may be retained. The Department may
5propose and adopt under the Illinois Administrative Procedure
6Act such other rules as may be necessary to consolidate and
7clarify the rules of the agencies reorganized by this Act.
 
8    Section 80-15. Savings provisions.
9    (a) The rights, powers, duties, and functions transferred
10to the Department of Early Childhood by this Act shall be
11vested in and exercised by the Department subject to the
12provisions of this Act. An act done by the Department or an
13officer, employee, or agent of the Department in the exercise
14of the transferred rights, powers, duties, or functions shall
15have the same legal effect as if done by the predecessor agency
16or an officer, employee, or agent of the predecessor agency.
17    (b) The transfer of rights, powers, duties, and functions
18to the Department of Early Childhood under this Act does not
19invalidate any previous action taken by or in respect to any of
20its predecessor agencies or their officers, employees, or
21agents. References to those predecessor agencies or their
22officers, employees or agents in any document, contract,
23agreement, or law shall, in appropriate contexts, be deemed to
24refer to the Department or its officers, employees, or agents.
25    (c) The transfer of rights, powers, duties, and functions

 

 

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1to the Department of Early Childhood under this Act does not
2affect any person's rights, obligations, or duties, including
3any civil or criminal penalties applicable thereto, arising
4out of those transferred rights, powers, duties, and
5functions.
6    (d) With respect to matters that pertain to a right,
7power, duty, or function transferred to the Department of
8Early 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
21canceled, any right occurring or established, or any action or
22proceeding had or commenced in an administrative, civil, or
23criminal cause before July 1, 2026. Any such action or
24proceeding that pertains to a right, power, duty, or function
25transferred to the Department of Early Childhood under this
26Act and that is pending on that date may be prosecuted,

 

 

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1defended, or continued by the Department of Early Childhood.
 
2
ARTICLE 90. AMENDATORY PROVISIONS

 
3    Section 90-5. The Civil Administrative Code of Illinois is
4amended by changing Sections 5-10, 5-15, and 5-20 and by
5adding 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
8Code of Illinois, unless the context clearly indicates
9otherwise, the word "director" means the several directors of
10the departments of State government as designated in Section
115-20 of this Law and includes the Secretary of Early
12Childhood, the Secretary of Financial and Professional
13Regulation, the Secretary of Innovation and Technology, the
14Secretary of Human Services, and the Secretary of
15Transportation.
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
19Departments of State government are created as follows:
20    The Department on Aging.
21    The Department of Agriculture.
22    The Department of Central Management Services.

 

 

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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
25have an officer as its head who shall be known as director or

 

 

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1secretary and who shall, subject to the provisions of the
2Civil Administrative Code of Illinois, execute the powers and
3discharge the duties vested by law in his or her respective
4department.
5    The following officers are hereby created:
6    Director of Aging, for the Department on Aging.
7    Director of Agriculture, for the Department of
8Agriculture.
9    Director of Central Management Services, for the
10Department of Central Management Services.
11    Director of Children and Family Services, for the
12Department of Children and Family Services.
13    Director of Commerce and Economic Opportunity, for the
14Department of Commerce and Economic Opportunity.
15    Director of Corrections, for the Department of
16Corrections.
17    Director of the Illinois Emergency Management Agency, for
18the Illinois Emergency Management Agency.
19    Secretary of Early Childhood, for the Department of Early
20Childhood.
21    Director of Employment Security, for the Department of
22Employment Security.
23    Secretary of Financial and Professional Regulation, for
24the Department of Financial and Professional Regulation.
25    Director of Healthcare and Family Services, for the
26Department of Healthcare and Family Services.

 

 

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1    Director of Human Rights, for the Department of Human
2Rights.
3    Secretary of Human Services, for the Department of Human
4Services.
5    Secretary of Innovation and Technology, for the Department
6of Innovation and Technology.
7    Director of Insurance, for the Department of Insurance.
8    Director of Juvenile Justice, for the Department of
9Juvenile Justice.
10    Director of Labor, for the Department of Labor.
11    Director of the Lottery, for the Department of the
12Lottery.
13    Director of Natural Resources, for the Department of
14Natural Resources.
15    Director of Public Health, for the Department of Public
16Health.
17    Director of Revenue, for the Department of Revenue.
18    Director of the Illinois State Police, for the Illinois
19State Police.
20    Secretary of Transportation, for the Department of
21Transportation.
22    Director of Veterans' Affairs, for the Department of
23Veterans' Affairs.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    (20 ILCS 5/5-336 new)

 

 

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1    Sec. 5-336. In the Department of Early Childhood. For
2terms beginning on or after July 1, 2024, the Secretary shall
3receive an annual salary of $214,988 or as set by the Governor,
4whichever is higher. On July 1, 2025, and on each July 1
5thereafter, the Secretary shall receive an increase in salary
6based on the cost of living adjustment as authorized by Senate
7Joint Resolution 192 of the 86th General Assembly.
 
8    Section 90-10. The Children and Family Services Act is
9amended by changing Sections 5a, 5.15, 5.20, 22.1, 34.9, and
1034.10 as follows:
 
11    (20 ILCS 505/5a)  (from Ch. 23, par. 5005a)
12    Sec. 5a. Reimbursable services for which the Department of
13Children and Family Services shall pay 100% of the reasonable
14cost pursuant to a written contract negotiated between the
15Department and the agency furnishing the services (which shall
16include but not be limited to the determination of reasonable
17cost, the services being purchased and the duration of the
18agreement) include, but are not limited to:
 
19SERVICE ACTIVITIES
20    Adjunctive Therapy;
21    Child Care Service, including day care;
22    Clinical Therapy;
23    Custodial Service;

 

 

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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.
 
11OBJECT 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.
 
20ADMINISTRATIVE COSTS
21    Program Administration;
22    Supervision and Consultation;
23    Inspection and Monitoring for purposes of issuing
24        licenses;

 

 

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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.
7Reimbursement of administrative costs other than inspection
8and monitoring for purposes of issuing licenses may not exceed
920% of the costs for other services.
10    The Department may offer services to any child or family
11with respect to whom a report of suspected child abuse or
12neglect has been called in to the hotline after completion of a
13family assessment as provided under subsection (a-5) of
14Section 7.4 of the Abused and Neglected Child Reporting Act
15and the Department has determined that services are needed to
16address the safety of the child and other family members and
17the risk of subsequent maltreatment. Acceptance of such
18services shall be voluntary.
19    All Object Expenses, Service Activities and Administrative
20Costs are allowable.
21    If a survey instrument is used in the rate setting
22process:
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

 

 

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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
12100% of the reasonable costs of research and valuation focused
13exclusively on services to youth in care. Such research
14projects must be approved, in advance, by the Director of the
15Department.
16    In addition to reimbursements otherwise provided for in
17this Section, the Department of Human Services, through June
1830, 2026 and Department of Early Childhood beginning on and
19after July 1, 2026, shall, in accordance with annual written
20agreements, make advance quarterly disbursements to local
21public agencies for child day care services with funds
22appropriated from the Local Effort Day Care Fund.
23    Neither the Department of Children and Family Services nor
24the Department of Human Services through June 30, 2026 and the
25Department of Early Childhood beginning on and after July 1,
262026 shall pay or approve reimbursement for day care in a

 

 

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1facility which is operating without a valid license or permit,
2except in the case of day care homes or day care centers which
3are exempt from the licensing requirements of the Child Care
4Act of 1969.
5    The rates paid to day care providers by the Department of
6Children and Family Services shall match the rates paid to
7child care providers by the Department of Human Services,
8including base rates and any relevant rate enhancements
9through June 30, 2026. On and after July 1, 2026, the
10Department of Early Childhood shall pay day care providers,
11who service the Department of Children and Family Services
12under the child care assistance program, including base rates
13and any relevant rate enhancements.
14    In addition to reimbursements otherwise provided for in
15this Section, the Department of Human Services shall, in
16accordance with annual written agreements, make advance
17quarterly disbursements to local public agencies for child day
18care services with funds appropriated from the Local Effort
19Day Care Fund.
20    Neither the Department of Children and Family Services nor
21the Department of Human Services shall pay or approve
22reimbursement for day care in a facility which is operating
23without a valid license or permit, except in the case of day
24care homes or day care centers which are exempt from the
25licensing requirements of the "Child Care Act of 1969".
26    The rates paid to day care providers by the Department of

 

 

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1Children and Family Services shall match the rates paid to
2child care providers by the Department of Human Services under
3the child care assistance program, including base rates and
4any 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
9planning, development, and utilization of resources for the
10day care of children, operated under various auspices, the
11Department of Human Services is designated to coordinate all
12day care activities for children of the State and shall
13develop or continue, and shall update every year, a State
14comprehensive day-care plan for submission to the Governor
15that identifies high-priority areas and groups, relating them
16to available resources and identifying the most effective
17approaches to the use of existing day care services. The State
18comprehensive day-care plan shall be made available to the
19General Assembly following the Governor's approval of the
20plan.
21    The plan shall include methods and procedures for the
22development of additional day care resources for children to
23meet the goal of reducing short-run and long-run dependency
24and to provide necessary enrichment and stimulation to the
25education of young children. Recommendations shall be made for

 

 

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1State policy on optimum use of private and public, local,
2State and federal resources, including an estimate of the
3resources needed for the licensing and regulation of day care
4facilities.
5    A written report shall be submitted to the Governor and
6the General Assembly annually on April 15. The report shall
7include an evaluation of developments over the preceding
8fiscal year, including cost-benefit analyses of various
9arrangements. Beginning with the report in 1990 submitted by
10the Department's predecessor agency and every 2 years
11thereafter, 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

 

 

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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
11shall be satisfied by filing copies of the report as required
12by Section 3.1 of the General Assembly Organization Act, and
13filing such additional copies with the State Government Report
14Distribution Center for the General Assembly as is required
15under paragraph (t) of Section 7 of the State Library Act.
16    (b) The Department of Human Services shall establish
17policies and procedures for developing and implementing
18interagency agreements with other agencies of the State
19providing child care services or reimbursement for such
20services. The plans shall be annually reviewed and modified
21for the purpose of addressing issues of applicability and
22service system barriers.
23    (c) In cooperation with other State agencies, the
24Department of Human Services shall develop and implement, or
25shall continue, a resource and referral system for the State
26of Illinois either within the Department or by contract with

 

 

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1local or regional agencies. Funding for implementation of this
2system may be provided through Department appropriations or
3other inter-agency funding arrangements. The resource and
4referral 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
15care 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.

 

 

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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

 

 

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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
9to ensure such parents' graduation from high school and to
10services for participants in any programs of job training
11conducted by the Department.
12    (e) The Department of Human Services shall actively
13stimulate the development of public and private resources at
14the local level. It shall also seek the fullest utilization of
15federal funds directly or indirectly available to the
16Department.
17    Where appropriate, existing non-governmental agencies or
18associations shall be involved in planning by the Department.
19    (f) To better accommodate the child care needs of low
20income working families, especially those who receive
21Temporary Assistance for Needy Families (TANF) or who are
22transitioning from TANF to work, or who are at risk of
23depending on TANF in the absence of child care, the Department
24shall complete a study using outcome-based assessment
25measurements to analyze the various types of child care needs,
26including but not limited to: child care homes; child care

 

 

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1facilities; before and after school care; and evening and
2weekend care. Based upon the findings of the study, the
3Department shall develop a plan by April 15, 1998, that
4identifies the various types of child care needs within
5various geographic locations. The plan shall include, but not
6be limited to, the special needs of parents and guardians in
7need of non-traditional child care services such as early
8mornings, evenings, and weekends; the needs of very low income
9families and children and how they might be better served; and
10strategies to assist child care providers to meet the needs
11and 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;
16Department of Human Services. The Department of Human Services
17may provide child care services to former recipients of
18assistance under the Illinois Public Aid Code as authorized by
19Section 9-6.3 of that Code. This Section is repealed on July 1,
202026.
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;
24Department of Human Services.

 

 

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1    (a) Blank.
2    (b) Blank.
3    (c) The Department of Human Services shall establish and
4operate day care facilities for the children of migrant
5workers in areas of the State where they are needed. The
6Department may provide these day care services by contracting
7with private centers if practicable. "Migrant worker" means
8any person who moves seasonally from one place to another,
9within or without the State, for the purpose of employment in
10agricultural activities. This Section is repealed on July 1,
112026.
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
15colleges or universities in this State, establish programs to
16train low-income older persons to be child care workers. The
17Department shall prescribe, by rule:
18    (a) age and income qualifications for persons to be
19trained under such programs; and
20    (b) standards for such programs to ensure that such
21programs train participants to be skilled workers for the
22child care industry.
23    This Section is repealed on July 1, 2026.
24(Source: P.A. 86-889.)
 

 

 

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1    (20 ILCS 505/34.10)  (from Ch. 23, par. 5034.10)
2    Sec. 34.10. Home child care demonstration project;
3conversion and renovation grants; Department of Human
4Services.
5    (a) The legislature finds that the demand for quality
6child care far outweighs the number of safe, quality spaces
7for our children. The purpose of this Section is to increase
8the 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
16appropriations from the Child Care Development Block Grant
17establish a demonstration project to train individuals to
18become home child care providers who are able to establish and
19operate their own home-based child care facilities. The
20Department of Human Services is authorized to use funds for
21this purpose from the child care and development funds
22deposited into the DHS Special Purposes Trust Fund as
23described in Section 12-10 of the Illinois Public Aid Code or
24deposited into the Employment and Training Fund as described
25in Section 12-10.3 of the Illinois Public Aid Code. As an
26economic development program, the project's focus is to foster

 

 

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1individual self-sufficiency through an entrepreneurial
2approach by the creation of new jobs and opening of new small
3home-based child care businesses. The demonstration project
4shall involve coordination among State and county governments
5and the private sector, including but not limited to: the
6community college system, the Departments of Labor and
7Commerce and Economic Opportunity, the State Board of
8Education, large and small private businesses, nonprofit
9programs, 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
19appropriations from the Child Care Development Block Grant
20provide grants to family child care providers and center based
21programs to convert and renovate existing facilities, to the
22extent permitted by federal law, so additional family child
23care homes and child care centers can be located in such
24facilities.
25        (1) Applications for grants shall be made to the
26    Department and shall contain information as the Department

 

 

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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

 

 

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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

 

 

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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
21amended by changing Sections 1-75, 10-16, and 10-22 as
22follows:
 
23    (20 ILCS 1305/1-75)
24    Sec. 1-75. Off-Hours Child Care Program.

 

 

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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
20emergency medical services personnel as defined in the
21Emergency Medical Services (EMS) Systems Act, firefighters,
22law enforcement officers, and, as determined by the
23Department, any other workers who, on account of their work
24schedule, need child care outside of the hours when licensed
25child care facilities typically operate.
26    (c) Subject to appropriation, the Department of Human

 

 

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1Services shall establish and administer an Off-Hours Child
2Care Program to help first responders and other workers
3identify and access off-hours, night, or sleep time child
4care. Services funded under the program must address the child
5care needs of first responders. Funding provided under the
6program may also be used to cover any capital and operating
7expenses related to the provision of off-hours, night, or
8sleep time child care for first responders. Funding awarded
9under this Section shall be funded through appropriations from
10the Off-Hours Child Care Program Fund created under subsection
11(d). The Department shall implement the program by July 1,
122023. The Department may adopt any rules necessary to
13implement the program.
14    (d) The Off-Hours Child Care Program Fund is created as a
15special fund in the State treasury. The Fund shall consist of
16any moneys appropriated to the Department of Human Services
17for the Off-Hours Child Care Program. Moneys in the Fund shall
18be expended for the Off-Hours Child Care Program and for no
19other purpose. All interest earned on moneys in the Fund shall
20be 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

 

 

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1visiting programs work to strengthen families' functioning and
2support parents in caring for their children to ensure optimal
3child development.
4    (b) The Department shall establish a home visiting program
5to support communities in providing intensive home visiting
6programs to pregnant persons and families with children from
7birth up to elementary school enrollment. Services shall be
8offered on a voluntary basis to families. In awarding grants
9under the program, the Department shall prioritize populations
10or communities in need of such services, as determined by the
11Department, based on data including, but not limited to,
12statewide home visiting needs assessments. Eligibility under
13the program shall also take into consideration requirements of
14the federal Maternal, Infant, and Early Childhood Home
15Visiting Program and Head Start and Early Head Start to ensure
16appropriate alignment. The overall goals for these services
17are 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

 

 

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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
24grants to community-based agencies in accordance with this
25Section and any other rules that may be adopted by the
26Department. Successful grantees under this program shall

 

 

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1comply with policies and procedures on program, data, and
2expense reporting as developed by the Department.
3    (d) Funds received under this Section shall supplement,
4not supplant, other existing or new federal, State, or local
5sources of funding for these services. Any new federal funding
6received shall supplement and not supplant funding for this
7program.
8    (e) The Department shall collaborate with relevant
9agencies to support the coordination and alignment of home
10visiting services provided through other State and federal
11funds, to the extent possible. The Department shall
12collaborate with the State Board of Education, the Department
13of Healthcare and Family Services, and Head Start and Early
14Head Start in the implementation of these services to support
15alignment with home visiting services provided through the
16Early Childhood Block Grant and the State's Medical Assistance
17Program, respectively, to the extent possible.
18    (f) An advisory committee shall advise the Department
19concerning the implementation of the home visiting program.
20The advisory committee shall make recommendations on policy
21and implementation. The Department shall determine whether the
22advisory committee shall be a newly created body or an
23existing body such as a committee of the Illinois Early
24Learning Council. The advisory committee shall consist of one
25or more representatives of the Department, other members
26representing public and private entities that serve and

 

 

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1interact with the families served under the home visiting
2program, with the input of families engaged in home visiting
3or related services themselves. Family input may be secured by
4engaging families as members of this advisory committee or as
5a separate committee of family representatives.
6    (g) The Department may adopt any rules necessary to
7implement 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
13specific appropriation for this purpose, operate a Great START
14(Strategy To Attract and Retain Teachers) program. The goal of
15the program is to improve children's developmental and
16educational outcomes in child care by encouraging increased
17professional preparation by staff and staff retention. The
18Great START program shall coordinate with the TEACH
19professional development program.
20    The program shall provide wage supplements and may include
21other incentives to licensed child care center personnel,
22including early childhood teachers, school-age workers, early
23childhood assistants, school-age assistants, and directors, as
24such positions are defined by administrative rule of the
25Department of Children and Family Services. The program shall

 

 

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1provide wage supplements and may include other incentives to
2licensed family day care home personnel and licensed group day
3care home personnel, including caregivers and assistants as
4such positions are defined by administrative rule of the
5Department of Children and Family Services. Individuals will
6receive supplements commensurate with their qualifications.
7    (b) (Blank).
8    (c) The Department shall, by rule, define the scope and
9operation of the program, including a wage supplement scale.
10The scale shall pay increasing amounts for higher levels of
11educational attainment beyond minimum qualifications and shall
12recognize longevity of employment. Subject to the availability
13of sufficient appropriation, the wage supplements shall be
14paid to child care personnel in the form of bonuses at 6 month
15intervals. Six months of continuous service with a single
16employer is required to be eligible to receive a wage
17supplement bonus. Wage supplements shall be paid directly to
18individual day care personnel, not to their employers.
19Eligible individuals must provide to the Department or its
20agent all information and documentation, including but not
21limited to college transcripts, to demonstrate their
22qualifications for a particular wage supplement level.
23    If appropriations permit, the Department may include
24one-time signing bonuses or other incentives to help providers
25attract staff, provided that the signing bonuses are less than
26the supplement staff would have received if they had remained

 

 

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1employed with another day care center or family day care home.
2    If appropriations permit, the Department may include
3one-time longevity bonuses or other incentives to recognize
4staff 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
9amended by changing Section 10 as follows:
 
10    (20 ILCS 3933/10)
11    Sec. 10. Membership. The Illinois Early Learning Council
12shall include representation from both public and private
13organizations, and its membership shall reflect regional,
14racial, and cultural diversity to ensure representation of the
15needs of all Illinois children. One member shall be appointed
16by the President of the Senate, one member appointed by the
17Minority Leader of the Senate, one member appointed by the
18Speaker of the House of Representatives, one member appointed
19by the Minority Leader of the House of Representatives, and
20other members appointed by the Governor. The Governor's
21appointments 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.
17In addition, the Governor shall request that the Region V
18office of the U.S. Department of Health and Human Services'
19Administration for Children and Families appoint a member to
20the Council to represent federal children's programs and
21services.
22    Members appointed by General Assembly members and members
23appointed by the Governor who are local government or
24nongovernment stakeholders shall serve 3-year terms, except
25that of the initial appointments, half of these members, as
26determined by lot, shall be appointed to 2-year terms so that

 

 

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1terms are staggered. Members shall serve on a voluntary,
2unpaid basis.
3(Source: P.A. 95-331, eff. 8-21-07.)
 
4    Section 90-25. The Illinois Procurement Code is amended by
5changing 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
9bidders, offerors, potential contractors, or contractors were
10first solicited on or after July 1, 1998. This Code shall not
11be construed to affect or impair any contract, or any
12provision of a contract, entered into based on a solicitation
13prior to the implementation date of this Code as described in
14Article 99, including, but not limited to, any covenant
15entered into with respect to any revenue bonds or similar
16instruments. All procurements for which contracts are
17solicited between the effective date of Articles 50 and 99 and
18July 1, 1998 shall be substantially in accordance with this
19Code and its intent.
20    (b) This Code shall apply regardless of the source of the
21funds with which the contracts are paid, including federal
22assistance moneys. This Code shall not apply to:
23        (1) Contracts between the State and its political
24    subdivisions or other governments, or between State

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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,

 

 

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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
7with an annual value of more than $100,000 entered into on or
8after October 1, 2017 under an exemption provided in any
9paragraph of this subsection (b), except paragraph (1), (2),
10or (5), each State agency shall post to the appropriate
11procurement bulletin the name of the contractor, a description
12of the supply or service provided, the total amount of the
13contract, the term of the contract, and the exception to the
14Code utilized. The chief procurement officer shall submit a
15report to the Governor and General Assembly no later than
16November 1 of each year that shall include, at a minimum, an
17annual summary of the monthly information reported to the
18chief procurement officer.
19    (c) This Code does not apply to the electric power
20procurement process provided for under Section 1-75 of the
21Illinois Power Agency Act and Section 16-111.5 of the Public
22Utilities Act. This Code does not apply to the procurement of
23technical and policy experts pursuant to Section 1-129 of the
24Illinois Power Agency Act.
25    (d) Except for Section 20-160 and Article 50 of this Code,
26and as expressly required by Section 9.1 of the Illinois

 

 

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1Lottery Law, the provisions of this Code do not apply to the
2procurement process provided for under Section 9.1 of the
3Illinois Lottery Law.
4    (e) This Code does not apply to the process used by the
5Capital Development Board to retain a person or entity to
6assist the Capital Development Board with its duties related
7to the determination of costs of a clean coal SNG brownfield
8facility, as defined by Section 1-10 of the Illinois Power
9Agency Act, as required in subsection (h-3) of Section 9-220
10of the Public Utilities Act, including calculating the range
11of capital costs, the range of operating and maintenance
12costs, or the sequestration costs or monitoring the
13construction of clean coal SNG brownfield facility for the
14full duration of construction.
15    (f) (Blank).
16    (g) (Blank).
17    (h) This Code does not apply to the process to procure or
18contracts entered into in accordance with Sections 11-5.2 and
1911-5.3 of the Illinois Public Aid Code.
20    (i) Each chief procurement officer may access records
21necessary to review whether a contract, purchase, or other
22expenditure is or is not subject to the provisions of this
23Code, unless such records would be subject to attorney-client
24privilege.
25    (j) This Code does not apply to the process used by the
26Capital Development Board to retain an artist or work or works

 

 

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1of art as required in Section 14 of the Capital Development
2Board Act.
3    (k) This Code does not apply to the process to procure
4contracts, or contracts entered into, by the State Board of
5Elections or the State Electoral Board for hearing officers
6appointed pursuant to the Election Code.
7    (l) This Code does not apply to the processes used by the
8Illinois Student Assistance Commission to procure supplies and
9services paid for from the private funds of the Illinois
10Prepaid Tuition Fund. As used in this subsection (l), "private
11funds" means funds derived from deposits paid into the
12Illinois Prepaid Tuition Trust Fund and the earnings thereon.
13    (m) This Code shall apply regardless of the source of
14funds with which contracts are paid, including federal
15assistance moneys. Except as specifically provided in this
16Code, this Code shall not apply to procurement expenditures
17necessary for the Department of Public Health to conduct the
18Healthy Illinois Survey in accordance with Section 2310-431 of
19the Department of Public Health Powers and Duties Law of the
20Civil Administrative Code of Illinois.
21(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
22102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
239-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
24102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
256-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
261-2-24.)
 

 

 

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1    Section 90-30. The School Code is amended by changing
2Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71,
32-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as
4follows:
 
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
9appoint a chief education officer, to be known as the State
10Superintendent of Education, who may be proposed by the
11Governor and who shall serve at the pleasure of the Board and
12pursuant to a performance-based contract linked to statewide
13student performance and academic improvement within Illinois
14schools. Upon expiration or buyout of the contract of the
15State Superintendent of Education in office on the effective
16date of this amendatory Act of the 93rd General Assembly, a
17State Superintendent of Education shall be appointed by a
18State Board of Education that includes the 7 new Board members
19who were appointed to fill seats of members whose terms were
20terminated on the effective date of this amendatory Act of the
2193rd General Assembly. Thereafter, a State Superintendent of
22Education must, at a minimum, be appointed at the beginning of
23each term of a Governor after that Governor has made
24appointments to the Board. A performance-based contract issued

 

 

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1for the employment of a State Superintendent of Education
2entered into on or after the effective date of this amendatory
3Act of the 93rd General Assembly must expire no later than
4February 1, 2007, and subsequent contracts must expire no
5later than February 1 each 4 years thereafter. No contract
6shall be extended or renewed beyond February 1, 2007 and
7February 1 each 4 years thereafter, but a State Superintendent
8of Education shall serve until his or her successor is
9appointed. Each contract entered into on or before January 8,
102007 with a State Superintendent of Education must provide
11that the State Board of Education may terminate the contract
12for cause, and the State Board of Education shall not
13thereafter be liable for further payments under the contract.
14With regard to this amendatory Act of the 93rd General
15Assembly, it is the intent of the General Assembly that,
16beginning with the Governor who takes office on the second
17Monday of January, 2007, a State Superintendent of Education
18be appointed at the beginning of each term of a Governor after
19that Governor has made appointments to the Board. The State
20Superintendent of Education shall not serve as a member of the
21State Board of Education. The Board shall set the compensation
22of the State Superintendent of Education who shall serve as
23the Board's chief executive officer. The Board shall also
24establish the duties, powers and responsibilities of the State
25Superintendent, which shall be included in the State
26Superintendent's performance-based contract along with the

 

 

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1goals and indicators of student performance and academic
2improvement used to measure the performance and effectiveness
3of the State Superintendent. The State Board of Education may
4delegate to the State Superintendent of Education the
5authority to act on the Board's behalf, provided such
6delegation is made pursuant to adopted board policy or the
7powers delegated are ministerial in nature. The State Board
8may not delegate authority under this Section to the State
9Superintendent to (1) nonrecognize school districts, (2)
10withhold State payments as a penalty, or (3) make final
11decisions under the contested case provisions of the Illinois
12Administrative Procedure Act unless otherwise provided by law.
13    C. The powers and duties of the State Board of Education
14shall encompass all duties delegated to the Office of
15Superintendent of Public Instruction on January 12, 1975,
16except as the law providing for such powers and duties is
17thereafter amended, and such other powers and duties as the
18General Assembly shall designate. The Board shall be
19responsible for the educational policies and guidelines for
20public schools, pre-school through grade 12 and Vocational
21Education in the State of Illinois. Beginning July 1, 2024,
22educational policies and guidelines pertaining to pre-school
23and the Prevention Initiative program shall be done in
24consultation with the Department of Early Childhood. The Board
25shall analyze the present and future aims, needs, and
26requirements of education in the State of Illinois and

 

 

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1recommend to the General Assembly the powers which should be
2exercised by the Board. The Board shall recommend the passage
3and the legislation necessary to determine the appropriate
4relationship between the Board and local boards of education
5and the various State agencies and shall recommend desirable
6modifications in the laws which affect schools.
7    D. Two members of the Board shall be appointed by the
8chairperson to serve on a standing joint Education Committee,
92 others shall be appointed from the Board of Higher
10Education, 2 others shall be appointed by the chairperson of
11the Illinois Community College Board, and 2 others shall be
12appointed by the chairperson of the Human Resource Investment
13Council. The Committee shall be responsible for making
14recommendations concerning the submission of any workforce
15development plan or workforce training program required by
16federal law or under any block grant authority. The Committee
17will be responsible for developing policy on matters of mutual
18concern to elementary, secondary and higher education such as
19Occupational and Career Education, Teacher Preparation and
20Licensure, Educational Finance, Articulation between
21Elementary, Secondary and Higher Education and Research and
22Planning. The joint Education Committee shall meet at least
23quarterly and submit an annual report of its findings,
24conclusions, and recommendations to the State Board of
25Education, the Board of Higher Education, the Illinois
26Community College Board, the Human Resource Investment

 

 

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1Council, the Governor, and the General Assembly. All meetings
2of this Committee shall be official meetings for reimbursement
3under this Act. On the effective date of this amendatory Act of
4the 95th General Assembly, the Joint Education Committee is
5abolished.
6    E. Five members of the Board shall constitute a quorum. A
7majority vote of the members appointed, confirmed and serving
8on the Board is required to approve any action, except that the
97 new Board members who were appointed to fill seats of members
10whose terms were terminated on the effective date of this
11amendatory act of the 93rd General Assembly may vote to
12approve actions when appointed and serving.
13    F. Upon appointment of the 7 new Board members who were
14appointed to fill seats of members whose terms were terminated
15on the effective date of this amendatory Act of the 93rd
16General Assembly, the Board shall review all of its current
17rules in an effort to streamline procedures, improve
18efficiency, 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
23through fiscal year 2026, the State Board of Education shall
24award to school districts block grants as described in
25subsection (c). The State Board of Education may adopt rules

 

 

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1and regulations necessary to implement this Section. In
2accordance with Section 2-3.32, all state block grants are
3subject to an audit. Therefore, block grant receipts and block
4grant expenditures shall be recorded to the appropriate fund
5code.
6    (b) (Blank).
7    (c) An Early Childhood Education Block Grant shall be
8created by combining the following programs: Preschool
9Education, Parental Training and Prevention Initiative. These
10funds shall be distributed to school districts and other
11entities on a competitive basis, except that the State Board
12of Education shall award to a school district having a
13population exceeding 500,000 inhabitants 37% of the funds in
14each fiscal year. Not less than 14% of the Early Childhood
15Education Block Grant allocation of funds shall be used to
16fund programs for children ages 0-3. Beginning in Fiscal Year
172016, at least 25% of any additional Early Childhood Education
18Block Grant funding over and above the previous fiscal year's
19allocation shall be used to fund programs for children ages
200-3. Once the percentage of Early Childhood Education Block
21Grant funding allocated to programs for children ages 0-3
22reaches 20% of the overall Early Childhood Education Block
23Grant allocation for a full fiscal year, thereafter in
24subsequent fiscal years the percentage of Early Childhood
25Education Block Grant funding allocated to programs for
26children ages 0-3 each fiscal year shall remain at least 20% of

 

 

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1the overall Early Childhood Education Block Grant allocation.
2However, if, in a given fiscal year, the amount appropriated
3for the Early Childhood Education Block Grant is insufficient
4to increase the percentage of the grant to fund programs for
5children ages 0-3 without reducing the amount of the grant for
6existing providers of preschool education programs, then the
7percentage of the grant to fund programs for children ages 0-3
8may be held steady instead of increased.This subsection (c) is
9inoperative 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
13Early Childhood Education Block Grant shall report to the
14State Board of Education on its use of the block grant in such
15form and detail as the State Board of Education may specify. In
16addition, the report must include the following description
17for the district, which must also be reported to the General
18Assembly: block grant allocation and expenditures by program;
19population and service levels by program; and administrative
20expenditures by program. The State Board of Education shall
21ensure that the reporting requirements for a district
22organized under Article 34 of this Code are the same as for all
23other school districts in this State.
24    This Section is repealed on July 1, 2026.
25(Source: P.A. 99-30, eff. 7-10-15.)
 

 

 

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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,
5the State Board of Education shall award to a school district
6having a population exceeding 500,000 inhabitants a general
7education block grant and an educational services block grant,
8determined as provided in this Section, in lieu of
9distributing to the district separate State funding for the
10programs described in subsections (b) and (c). The provisions
11of this Section, however, do not apply to any federal funds
12that the district is entitled to receive. In accordance with
13Section 2-3.32, all block grants are subject to an audit.
14Therefore, block grant receipts and block grant expenditures
15shall be recorded to the appropriate fund code for the
16designated block grant.
17    (b) The general education block grant shall include the
18following programs: REI Initiative, Summer Bridges, Preschool
19Education, K-6 Comprehensive Arts, School Improvement Support,
20Urban Education, Scientific Literacy, Substance Abuse
21Prevention, Second Language Planning, Staff Development,
22Outcomes and Assessment, K-6 Reading Improvement, 7-12
23Continued Reading Improvement, Truants' Optional Education,
24Hispanic Programs, Agriculture Education, Parental Training,
25Prevention Initiative, Report Cards, and Criminal Background

 

 

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1Investigations. The general education block grant shall also
2include Preschool Education, Parental Training, and Prevention
3Initiative through June 30, 2026. Notwithstanding any other
4provision of law, all amounts paid under the general education
5block grant from State appropriations to a school district in
6a city having a population exceeding 500,000 inhabitants shall
7be appropriated and expended by the board of that district for
8any of the programs included in the block grant or any of the
9board's lawful purposes. Beginning in Fiscal Year 2018, at
10least 25% of any additional Preschool Education, Parental
11Training, and Prevention Initiative program funding over and
12above the previous fiscal year's allocation shall be used to
13fund programs for children ages 0-3. Beginning in Fiscal Year
142018, funding for Preschool Education, Parental Training, and
15Prevention Initiative programs above the allocation for these
16programs in Fiscal Year 2017 must be used solely as a
17supplement for these programs and may not supplant funds
18received from other sources.
19    (b-5) Beginning in Fiscal Year 2027, the Department of
20Early Childhood shall award a block grant for Preschool
21Education, Parental Training, and Prevention Initiative to a
22school district having a population exceeding 500,000
23inhabitants. The grants are subject to audit. Therefore, block
24grant receipts and block grant expenditures shall be recorded
25to the appropriate fund code for the designated block grant.
26Notwithstanding any other provision of law, all amounts paid

 

 

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1under the block grant from State appropriations to a school
2district in a city having a population exceeding 500,000
3inhabitants shall be appropriated and expended by the board of
4that district for any of the programs included in the block
5grant or any of the board's lawful purposes. The district is
6not required to file any application or other claim in order to
7receive the block grant to which it is entitled under this
8Section. The Department of Early Childhood shall make payments
9to the district of amounts due under the district's block
10grant on a schedule determined by the Department. A school
11district to which this Section applies shall report to the
12Department of Early Childhood on its use of the block grant in
13such form and detail as the Department may specify. In
14addition, the report must include the following description
15for the district, which must also be reported to the General
16Assembly: block grant allocation and expenditures by program;
17population and service levels by program; and administrative
18expenditures by program. The Department shall ensure that the
19reporting requirements for the district are the same as for
20all other school districts in this State. Beginning in Fiscal
21Year 2018, at least 25% of any additional Preschool Education,
22Parental Training, and Prevention Initiative program funding
23over and above the previous fiscal year's allocation shall be
24used to fund programs for children ages 0-3. Beginning in
25Fiscal Year 2018, funding for Preschool Education, Parental
26Training, and Prevention Initiative programs above the

 

 

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1allocation for these programs in Fiscal Year 2017 must be used
2solely as a supplement for these programs and may not supplant
3funds received from other sources.
4    (c) The educational services block grant shall include the
5following programs: Regular and Vocational Transportation,
6State Lunch and Free Breakfast Program, Special Education
7(Personnel, Transportation, Orphanage, Private Tuition),
8funding for children requiring special education services,
9Summer School, Educational Service Centers, and
10Administrator's Academy. This subsection (c) does not relieve
11the district of its obligation to provide the services
12required under a program that is included within the
13educational services block grant. It is the intention of the
14General Assembly in enacting the provisions of this subsection
15(c) to relieve the district of the administrative burdens that
16impede efficiency and accompany single-program funding. The
17General Assembly encourages the board to pursue mandate
18waivers pursuant to Section 2-3.25g.
19    The funding program included in the educational services
20block grant for funding for children requiring special
21education services in each fiscal year shall be treated in
22that fiscal year as a payment to the school district in respect
23of services provided or costs incurred in the prior fiscal
24year, calculated in each case as provided in this Section.
25Nothing in this Section shall change the nature of payments
26for any program that, apart from this Section, would be or,

 

 

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1prior to adoption or amendment of this Section, was on the
2basis of a payment in a fiscal year in respect of services
3provided or costs incurred in the prior fiscal year,
4calculated in each case as provided in this Section.
5    (d) For fiscal year 1996 and each fiscal year thereafter,
6the amount of the district's block grants shall be determined
7as follows: (i) with respect to each program that is included
8within each block grant, the district shall receive an amount
9equal to the same percentage of the current fiscal year
10appropriation made for that program as the percentage of the
11appropriation received by the district from the 1995 fiscal
12year appropriation made for that program, and (ii) the total
13amount that is due the district under the block grant shall be
14the aggregate of the amounts that the district is entitled to
15receive for the fiscal year with respect to each program that
16is included within the block grant that the State Board of
17Education shall award the district under this Section for that
18fiscal year. In the case of the Summer Bridges program, the
19amount of the district's block grant shall be equal to 44% of
20the amount of the current fiscal year appropriation made for
21that program.
22    (e) The district is not required to file any application
23or other claim in order to receive the block grants to which it
24is entitled under this Section. The State Board of Education
25shall make payments to the district of amounts due under the
26district's block grants on a schedule determined by the State

 

 

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1Board of Education.
2    (f) A school district to which this Section applies shall
3report to the State Board of Education on its use of the block
4grants in such form and detail as the State Board of Education
5may specify. In addition, the report must include the
6following description for the district, which must also be
7reported to the General Assembly: block grant allocation and
8expenditures by program; population and service levels by
9program; and administrative expenditures by program. The State
10Board of Education shall ensure that the reporting
11requirements for the district are the same as for all other
12school districts in this State.
13    (g) This paragraph provides for the treatment of block
14grants under Article 1C for purposes of calculating the amount
15of block grants for a district under this Section. Those block
16grants under Article 1C are, for this purpose, treated as
17included in the amount of appropriation for the various
18programs set forth in paragraph (b) above. The appropriation
19in each current fiscal year for each block grant under Article
201C shall be treated for these purposes as appropriations for
21the individual program included in that block grant. The
22proportion of each block grant so allocated to each such
23program included in it shall be the proportion which the
24appropriation for that program was of all appropriations for
25such purposes now in that block grant, in fiscal 1995.
26    Payments to the school district under this Section with

 

 

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1respect to each program for which payments to school districts
2generally, as of the date of this amendatory Act of the 92nd
3General Assembly, are on a reimbursement basis shall continue
4to be made to the district on a reimbursement basis, pursuant
5to the provisions of this Code governing those programs.
6    (h) Notwithstanding any other provision of law, any school
7district receiving a block grant under this Section may
8classify all or a portion of the funds that it receives in a
9particular fiscal year from any block grant authorized under
10this Code or from general State aid pursuant to Section
1118-8.05 of this Code (other than supplemental general State
12aid) as funds received in connection with any funding program
13for which it is entitled to receive funds from the State in
14that fiscal year (including, without limitation, any funding
15program referred to in subsection (c) of this Section),
16regardless of the source or timing of the receipt. The
17district may not classify more funds as funds received in
18connection with the funding program than the district is
19entitled to receive in that fiscal year for that program. Any
20classification by a district must be made by a resolution of
21its board of education. The resolution must identify the
22amount of any block grant or general State aid to be classified
23under this subsection (h) and must specify the funding program
24to which the funds are to be treated as received in connection
25therewith. This resolution is controlling as to the
26classification of funds referenced therein. A certified copy

 

 

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1of the resolution must be sent to the State Superintendent of
2Education. The resolution shall still take effect even though
3a copy of the resolution has not been sent to the State
4Superintendent of Education in a timely manner. No
5classification under this subsection (h) by a district shall
6affect the total amount or timing of money the district is
7entitled to receive under this Code. No classification under
8this subsection (h) by a district shall in any way relieve the
9district from or affect any requirements that otherwise would
10apply with respect to the block grant as provided in this
11Section, including any accounting of funds by source,
12reporting expenditures by original source and purpose,
13reporting requirements, or requirements of provision of
14services.
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
19State Board of Education shall award to a school district
20having a population exceeding 500,000 inhabitants a general
21education block grant and an educational services block grant,
22determined as provided in this Section, in lieu of
23distributing to the district separate State funding for the
24programs described in subsections (b) and (c). The provisions
25of this Section, however, do not apply to any federal funds

 

 

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1that the district is entitled to receive. In accordance with
2Section 2-3.32, all block grants are subject to an audit.
3Therefore, block grant receipts and block grant expenditures
4shall be recorded to the appropriate fund code for the
5designated block grant.
6    (b) The general education block grant shall include the
7following programs: REI Initiative, Summer Bridges, Preschool
8At Risk, K-6 Comprehensive Arts, School Improvement Support,
9Urban Education, Scientific Literacy, Substance Abuse
10Prevention, Second Language Planning, Staff Development,
11Outcomes and Assessment, K-6 Reading Improvement, 7-12
12Continued Reading Improvement, Truants' Optional Education,
13Hispanic Programs, Agriculture Education, Parental Education,
14Prevention Initiative, Report Cards, and Criminal Background
15Investigations. The general education block grant shall also
16include Preschool Education, Parental Training, and Prevention
17Initiative through June 30, 2026. Notwithstanding any other
18provision of law, all amounts paid under the general education
19block grant from State appropriations to a school district in
20a city having a population exceeding 500,000 inhabitants shall
21be appropriated and expended by the board of that district for
22any of the programs included in the block grant or any of the
23board's lawful purposes.
24    (b-5) Beginning in Fiscal Year 2027, the Department of
25Early Childhood shall award a block grant for Preschool
26Education, Parental Training, and Prevention Initiative to a

 

 

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1school district having a population exceeding 500,000
2inhabitants. The grants are subject to audit. Therefore, block
3grant receipts and block grant expenditures shall be recorded
4to the appropriate fund code for the designated block grant.
5Notwithstanding any other provision of law, all amounts paid
6under the block grant from State appropriations to a school
7district in a city having a population exceeding 500,000
8inhabitants shall be appropriated and expended by the board of
9that district for any of the programs included in the block
10grant or any of the board's lawful purposes. The district is
11not required to file any application or other claim in order to
12receive the block grant to which it is entitled under this
13Section. The Department of Early Childhood shall make payments
14to the district of amounts due under the district's block
15grant on a schedule determined by the Department. A school
16district to which this Section applies shall report to the
17Department of Early Childhood on its use of the block grant in
18such form and detail as the Department may specify. In
19addition, the report must include the following description
20for the district, which must also be reported to the General
21Assembly: block grant allocation and expenditures by program;
22population and service levels by program; and administrative
23expenditures by program. The Department shall ensure that the
24reporting requirements for the district are the same as for
25all other school districts in this State. Beginning in Fiscal
26Year 2018, at least 25% of any additional Preschool Education,

 

 

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1Parental Training, and Prevention Initiative program funding
2over and above the previous fiscal year's allocation shall be
3used to fund programs for children ages 0-3. Beginning in
4Fiscal Year 2018, funding for Preschool Education, Parental
5Training, and Prevention Initiative programs above the
6allocation for these programs in Fiscal Year 2017 must be used
7solely as a supplement for these programs and may not supplant
8funds received from other sources. (b-10).
9    (c) The educational services block grant shall include the
10following programs: Regular and Vocational Transportation,
11State Lunch and Free Breakfast Program, Special Education
12(Personnel, Transportation, Orphanage, Private Tuition),
13funding for children requiring special education services,
14Summer School, Educational Service Centers, and
15Administrator's Academy. This subsection (c) does not relieve
16the district of its obligation to provide the services
17required under a program that is included within the
18educational services block grant. It is the intention of the
19General Assembly in enacting the provisions of this subsection
20(c) to relieve the district of the administrative burdens that
21impede efficiency and accompany single-program funding. The
22General Assembly encourages the board to pursue mandate
23waivers pursuant to Section 2-3.25g.
24    The funding program included in the educational services
25block grant for funding for children requiring special
26education services in each fiscal year shall be treated in

 

 

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1that fiscal year as a payment to the school district in respect
2of services provided or costs incurred in the prior fiscal
3year, calculated in each case as provided in this Section.
4Nothing in this Section shall change the nature of payments
5for any program that, apart from this Section, would be or,
6prior to adoption or amendment of this Section, was on the
7basis of a payment in a fiscal year in respect of services
8provided or costs incurred in the prior fiscal year,
9calculated in each case as provided in this Section.
10    (d) For fiscal year 1996 through fiscal year 2017, the
11amount of the district's block grants shall be determined as
12follows: (i) with respect to each program that is included
13within each block grant, the district shall receive an amount
14equal to the same percentage of the current fiscal year
15appropriation made for that program as the percentage of the
16appropriation received by the district from the 1995 fiscal
17year appropriation made for that program, and (ii) the total
18amount that is due the district under the block grant shall be
19the aggregate of the amounts that the district is entitled to
20receive for the fiscal year with respect to each program that
21is included within the block grant that the State Board of
22Education shall award the district under this Section for that
23fiscal year. In the case of the Summer Bridges program, the
24amount of the district's block grant shall be equal to 44% of
25the amount of the current fiscal year appropriation made for
26that program.

 

 

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1    (e) The district is not required to file any application
2or other claim in order to receive the block grants to which it
3is entitled under this Section. The State Board of Education
4shall make payments to the district of amounts due under the
5district's block grants on a schedule determined by the State
6Board of Education.
7    (f) A school district to which this Section applies shall
8report to the State Board of Education on its use of the block
9grants in such form and detail as the State Board of Education
10may specify. In addition, the report must include the
11following description for the district, which must also be
12reported to the General Assembly: block grant allocation and
13expenditures by program; population and service levels by
14program; and administrative expenditures by program. The State
15Board of Education shall ensure that the reporting
16requirements for the district are the same as for all other
17school districts in this State.
18    (g) Through fiscal year 2017, this paragraph provides for
19the treatment of block grants under Article 1C for purposes of
20calculating the amount of block grants for a district under
21this Section. Those block grants under Article 1C are, for
22this purpose, treated as included in the amount of
23appropriation for the various programs set forth in paragraph
24(b) above. The appropriation in each current fiscal year for
25each block grant under Article 1C shall be treated for these
26purposes as appropriations for the individual program included

 

 

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1in that block grant. The proportion of each block grant so
2allocated to each such program included in it shall be the
3proportion which the appropriation for that program was of all
4appropriations for such purposes now in that block grant, in
5fiscal 1995.
6    Payments to the school district under this Section with
7respect to each program for which payments to school districts
8generally, as of the date of this amendatory Act of the 92nd
9General Assembly, are on a reimbursement basis shall continue
10to be made to the district on a reimbursement basis, pursuant
11to the provisions of this Code governing those programs.
12    (h) Notwithstanding any other provision of law, any school
13district receiving a block grant under this Section may
14classify all or a portion of the funds that it receives in a
15particular fiscal year from any block grant authorized under
16this Code or from general State aid pursuant to Section
1718-8.05 of this Code (other than supplemental general State
18aid) as funds received in connection with any funding program
19for which it is entitled to receive funds from the State in
20that fiscal year (including, without limitation, any funding
21program referred to in subsection (c) of this Section),
22regardless of the source or timing of the receipt. The
23district may not classify more funds as funds received in
24connection with the funding program than the district is
25entitled to receive in that fiscal year for that program. Any
26classification by a district must be made by a resolution of

 

 

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1its board of education. The resolution must identify the
2amount of any block grant or general State aid to be classified
3under this subsection (h) and must specify the funding program
4to which the funds are to be treated as received in connection
5therewith. This resolution is controlling as to the
6classification of funds referenced therein. A certified copy
7of the resolution must be sent to the State Superintendent of
8Education. The resolution shall still take effect even though
9a copy of the resolution has not been sent to the State
10Superintendent of Education in a timely manner. No
11classification under this subsection (h) by a district shall
12affect the total amount or timing of money the district is
13entitled to receive under this Code. No classification under
14this subsection (h) by a district shall in any way relieve the
15district from or affect any requirements that otherwise would
16apply with respect to the block grant as provided in this
17Section, including any accounting of funds by source,
18reporting expenditures by original source and purpose,
19reporting requirements, or requirements of provision of
20services.
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
24submit a budget recommendation to the Governor and General
25Assembly that contains recommendations for funding for

 

 

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1pre-school through grade 12 through Fiscal Year 2026. For
2Fiscal Year 2027, and annually thereafter, the State Board of
3Education shall submit a budget recommendation to the Governor
4and General Assembly that contains recommendations for funding
5for 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"
10includes both full-day and half-day kindergarten programs.
11    (b) Beginning no later than the 2021-2022 school year, the
12State Board of Education shall annually assess all public
13school students entering kindergarten using a common
14assessment tool, unless the State Board determines that a
15student is otherwise exempt. The common assessment tool must
16assess multiple developmental domains, including literacy,
17language, mathematics, and social and emotional development.
18The assessment must be valid, reliable, and developmentally
19appropriate to formatively assess a child's development and
20readiness for kindergarten.
21    (c) Results from the assessment may be used by the school
22to understand the child's development and readiness for
23kindergarten, to tailor instruction, and to measure the
24child's progress over time. Assessment results may also be
25used to identify a need for the professional development of

 

 

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1teachers and early childhood educators and to inform
2State-level and district-level policies and resource
3allocation.
4    The school shall make the assessment results available to
5the child's parent or guardian.
6    The assessment results may not be used (i) to prevent a
7child from enrolling in kindergarten or (ii) as the sole
8measure used in determining the grade promotion or retention
9of a student.
10    (d) On an annual basis, the State Board shall report
11publicly, at a minimum, data from the assessment for the State
12overall and for each school district. The State Board's report
13must disaggregate data by race and ethnicity, household
14income, students who are English learners, and students who
15have an individualized education program.
16    (e) The State Superintendent of Education shall appoint a
17committee of no more than 22 21 members, including the
18Secretary of Early Childhood or the Secretary's designee,
19parents, teachers, school administrators, assessment experts,
20regional superintendents of schools, state policy advocates,
21early childhood administrators, and other stakeholders, to
22review, on an ongoing basis, the content and design of the
23assessment, the collective results of the assessment as
24measured against kindergarten-readiness standards, and other
25issues involving the assessment as identified by the
26committee.

 

 

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1    The committee shall make periodic recommendations to the
2State Superintendent of Education and the General Assembly
3concerning the assessments.
4    (f) The State Board may adopt rules to implement and
5administer 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.
8102-209).)
 
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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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,
12grantees may serve children ages 0 to 12 of essential workers
13if the Governor has declared a disaster due to a public health
14emergency pursuant to Section 7 of the Illinois Emergency
15Management Agency Act. For the purposes of this subsection,
16essential workers include those outlined in Executive Order
1720-8 and school employees. The State Board of Education shall
18adopt 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
21this 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
25programs. The State Board of Education shall implement and

 

 

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1administer a grant program consisting of grants to public
2school districts and other eligible entities, as defined by
3the State Board of Education, to conduct early childhood
4parental training programs for the parents of children in the
5period of life from birth to kindergarten. A public school
6district that receives grants under this Section may contract
7with other eligible entities to conduct an early childhood
8parental training program. These grants must be used to
9supplement, not supplant, funds received from any other
10source. A school board or other eligible entity shall employ
11appropriately qualified personnel for its early childhood
12parental training program, including but not limited to
13certified teachers, counselors, psychiatrists, psychologists
14and social workers.
15    (a) As used in this Section, "parental training" means and
16includes 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.

 

 

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1        (7) Parenting skill development.
2    The programs shall include activities that require
3substantial participation and interaction between parent and
4child.
5    (b) The Board shall annually award funds through a grant
6approval process established by the State Board of Education,
7providing that an annual appropriation is made for this
8purpose from State, federal or private funds. Nothing in this
9Section shall preclude school districts from applying for or
10accepting private funds to establish and implement programs.
11    (c) The State Board of Education shall assist those
12districts and other eligible entities offering early childhood
13parental training programs, upon request, in developing
14instructional materials, training teachers and staff, and
15establishing appropriate time allotments for each of the areas
16included in such instruction.
17    (d) School districts and other eligible entities may offer
18early childhood parental training courses during that period
19of the day which is not part of the regular school day.
20Residents of the community may enroll in such courses. The
21school board or other eligible entity may establish fees and
22collect such charges as may be necessary for attendance at
23such courses in an amount not to exceed the per capita cost of
24the operation thereof, except that the board or other eligible
25entity may waive all or part of such charges if it determines
26that the parent is indigent or that the educational needs of

 

 

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1the parent require his or her attendance at such courses.
2    (e) Parents who participate in early childhood parental
3training programs under this Section may be eligible for
4reasonable reimbursement of any incidental transportation and
5child care expenses from the school district receiving funds
6pursuant to this Section.
7    (f) Districts and other eligible entities receiving grants
8pursuant to this Section shall coordinate programs created
9under this Section with other preschool educational programs,
10including "at-risk" preschool programs, special and vocational
11education, and related services provided by other governmental
12agencies and not-for-profit agencies.
13    (g) The State Board of Education shall report to the
14General Assembly by July 1, 1991, on the results of the
15programs funded pursuant to this Section and whether a need
16continues for such programs.
17    (h) After July 1, 2006, any parental training services
18funded pursuant to this Section on the effective date of this
19amendatory Act of the 94th General Assembly shall continue to
20be funded pursuant to this Section, subject to appropriation
21and the meeting of program standards. Any additional parental
22training services must be funded, subject to appropriation,
23through preschool education grants pursuant to subdivision (4)
24of subsection (a) of Section 2-3.71 of this Code for families
25with children ages 3 to 5 and through prevention initiative
26grants pursuant to subsection (b) of Section 2-3.89 of this

 

 

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1Code for expecting families and those with children from birth
2to 3 years of age.
3    (i) Early childhood programs under this Section are
4subject 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
10for preschool children with disabilities from birth to age 3.
11The State Board of Education may enter into contracts with
12public or not-for-profit private organizations or agencies to
13establish model pilot programs which provide services to
14children with disabilities from birth up to the age of 3 years.
15Annual grants shall be awarded on a competitive basis pursuant
16to established criteria provided that there is an annual
17appropriation for this purpose. Public or not-for-profit
18private organizations or agencies that are providing services
19to children with disabilities up to the age of 3 years prior to
20September 22, 1985 are eligible to receive grants awarded
21pursuant to this Section.
22    Each pilot program shall include, but not be limited to: a
23process for identification of infants with disabilities in the
24region; community awareness of the project and the services
25provided; an intervention system; methods to assess and

 

 

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1diagnose infants with disabilities; written individual
2treatment programs that include parental involvement; an
3interdisciplinary treatment approach to include other agencies
4and not-for-profit organizations; and a written evaluation
5submitted to the State Board of Education at the end of the
6grant period.
7    An Interagency Coordination Council shall be established
8consisting of a representative of the State Superintendent of
9Education who shall serve as chairman, and one representative
10from the following departments appointed by the respective
11directors or secretary: Children and Family Services, Public
12Health, Human Services, Public Aid, and the Division of
13Specialized Care for Children of the University of Illinois.
14The council shall recommend criteria to the State Board of
15Education for the awarding of grants pursuant to this Section
16and shall assist in coordinating the services provided by
17agencies to the children with disabilities described in this
18Section.
19    A report containing recommendations concerning all of the
20pilot programs shall be submitted by the State Board of
21Education to the General Assembly by January of 1989. The
22report which shall analyze the results of the pilot programs
23funded under this Section and make recommendations concerning
24existing and proposed programs shall include, but not be
25limited to: recommendations for staff licensure and
26qualifications; the number of children and families eligible

 

 

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1for services statewide; the cost of serving the children and
2their families; the types of services to be provided; and
3designs for the most effective delivery systems of these
4services.
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
9children and their families.
10    (a) The State Board of Education may provide grants to
11eligible entities, as defined by the State Board of Education,
12to establish programs which offer coordinated services to
13at-risk infants and toddlers and their families. Each program
14shall include a parent education program relating to the
15development and nurturing of infants and toddlers and case
16management services to coordinate existing services available
17in the region served by the program. These services shall be
18provided through the implementation of an individual family
19service plan. Each program will have a community involvement
20component to provide coordination in the service system.
21    (b) The State Board of Education shall administer the
22programs through the grants to public school districts and
23other eligible entities. These grants must be used to
24supplement, not supplant, funds received from any other
25source. School districts and other eligible entities receiving

 

 

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1grants pursuant to this Section shall conduct voluntary,
2intensive, research-based, and comprehensive prevention
3services, as defined by the State Board of Education, for
4expecting parents and families with children from birth to age
53 who are at-risk of academic failure. A public school
6district that receives a grant under this Section may
7subcontract with other eligible entities.
8    (c) The State Board of Education shall report to the
9General Assembly by July 1, 2006 and every 2 years thereafter,
10using the most current data available, on the status of
11programs funded under this Section, including without
12limitation characteristics of participants, services
13delivered, program models used, unmet needs, and results of
14the 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
20searches.
21    (a) To expel pupils guilty of gross disobedience or
22misconduct, including gross disobedience or misconduct
23perpetuated by electronic means, pursuant to subsection (b-20)
24of this Section, and no action shall lie against them for such
25expulsion. Expulsion shall take place only after the parents

 

 

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1have been requested to appear at a meeting of the board, or
2with a hearing officer appointed by it, to discuss their
3child's behavior. Such request shall be made by registered or
4certified mail and shall state the time, place and purpose of
5the meeting. The board, or a hearing officer appointed by it,
6at such meeting shall state the reasons for dismissal and the
7date on which the expulsion is to become effective. If a
8hearing officer is appointed by the board, he shall report to
9the board a written summary of the evidence heard at the
10meeting and the board may take such action thereon as it finds
11appropriate. If the board acts to expel a pupil, the written
12expulsion decision shall detail the specific reasons why
13removing the pupil from the learning environment is in the
14best interest of the school. The expulsion decision shall also
15include a rationale as to the specific duration of the
16expulsion. An expelled pupil may be immediately transferred to
17an alternative program in the manner provided in Article 13A
18or 13B of this Code. A pupil must not be denied transfer
19because of the expulsion, except in cases in which such
20transfer is deemed to cause a threat to the safety of students
21or staff in the alternative program.
22    (b) To suspend or by policy to authorize the
23superintendent of the district or the principal, assistant
24principal, or dean of students of any school to suspend pupils
25guilty of gross disobedience or misconduct, or to suspend
26pupils guilty of gross disobedience or misconduct on the

 

 

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1school bus from riding the school bus, pursuant to subsections
2(b-15) and (b-20) of this Section, and no action shall lie
3against them for such suspension. The board may by policy
4authorize the superintendent of the district or the principal,
5assistant principal, or dean of students of any school to
6suspend pupils guilty of such acts for a period not to exceed
710 school days. If a pupil is suspended due to gross
8disobedience or misconduct on a school bus, the board may
9suspend the pupil in excess of 10 school days for safety
10reasons.
11    Any suspension shall be reported immediately to the
12parents or guardian of a pupil along with a full statement of
13the reasons for such suspension and a notice of their right to
14a review. The school board must be given a summary of the
15notice, including the reason for the suspension and the
16suspension length. Upon request of the parents or guardian,
17the school board or a hearing officer appointed by it shall
18review such action of the superintendent or principal,
19assistant principal, or dean of students. At such review, the
20parents or guardian of the pupil may appear and discuss the
21suspension with the board or its hearing officer. If a hearing
22officer is appointed by the board, he shall report to the board
23a written summary of the evidence heard at the meeting. After
24its hearing or upon receipt of the written report of its
25hearing officer, the board may take such action as it finds
26appropriate. If a student is suspended pursuant to this

 

 

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1subsection (b), the board shall, in the written suspension
2decision, detail the specific act of gross disobedience or
3misconduct resulting in the decision to suspend. The
4suspension decision shall also include a rationale as to the
5specific duration of the suspension. A pupil who is suspended
6in excess of 20 school days may be immediately transferred to
7an alternative program in the manner provided in Article 13A
8or 13B of this Code. A pupil must not be denied transfer
9because of the suspension, except in cases in which such
10transfer is deemed to cause a threat to the safety of students
11or staff in the alternative program.
12    (b-5) Among the many possible disciplinary interventions
13and consequences available to school officials, school
14exclusions, such as out-of-school suspensions and expulsions,
15are the most serious. School officials shall limit the number
16and duration of expulsions and suspensions to the greatest
17extent practicable, and it is recommended that they use them
18only for legitimate educational purposes. To ensure that
19students are not excluded from school unnecessarily, it is
20recommended that school officials consider forms of
21non-exclusionary discipline prior to using out-of-school
22suspensions or expulsions.
23    (b-10) Unless otherwise required by federal law or this
24Code, school boards may not institute zero-tolerance policies
25by which school administrators are required to suspend or
26expel students for particular behaviors.

 

 

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1    (b-15) Out-of-school suspensions of 3 days or less may be
2used only if the student's continuing presence in school would
3pose a threat to school safety or a disruption to other
4students' learning opportunities. For purposes of this
5subsection (b-15), "threat to school safety or a disruption to
6other students' learning opportunities" shall be determined on
7a case-by-case basis by the school board or its designee.
8School officials shall make all reasonable efforts to resolve
9such threats, address such disruptions, and minimize the
10length of suspensions to the greatest extent practicable.
11    (b-20) Unless otherwise required by this Code,
12out-of-school suspensions of longer than 3 days, expulsions,
13and disciplinary removals to alternative schools may be used
14only if other appropriate and available behavioral and
15disciplinary interventions have been exhausted and the
16student's continuing presence in school would either (i) pose
17a threat to the safety of other students, staff, or members of
18the school community or (ii) substantially disrupt, impede, or
19interfere with the operation of the school. For purposes of
20this subsection (b-20), "threat to the safety of other
21students, staff, or members of the school community" and
22"substantially disrupt, impede, or interfere with the
23operation of the school" shall be determined on a case-by-case
24basis by school officials. For purposes of this subsection
25(b-20), the determination of whether "appropriate and
26available behavioral and disciplinary interventions have been

 

 

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1exhausted" shall be made by school officials. School officials
2shall make all reasonable efforts to resolve such threats,
3address such disruptions, and minimize the length of student
4exclusions to the greatest extent practicable. Within the
5suspension decision described in subsection (b) of this
6Section or the expulsion decision described in subsection (a)
7of this Section, it shall be documented whether other
8interventions were attempted or whether it was determined that
9there were no other appropriate and available interventions.
10    (b-25) Students who are suspended out-of-school for longer
11than 4 school days shall be provided appropriate and available
12support services during the period of their suspension. For
13purposes of this subsection (b-25), "appropriate and available
14support services" shall be determined by school authorities.
15Within the suspension decision described in subsection (b) of
16this Section, it shall be documented whether such services are
17to be provided or whether it was determined that there are no
18such appropriate and available services.
19    A school district may refer students who are expelled to
20appropriate and available support services.
21    A school district shall create a policy to facilitate the
22re-engagement of students who are suspended out-of-school,
23expelled, or returning from an alternative school setting.
24    (b-30) A school district shall create a policy by which
25suspended pupils, including those pupils suspended from the
26school bus who do not have alternate transportation to school,

 

 

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1shall have the opportunity to make up work for equivalent
2academic credit. It shall be the responsibility of a pupil's
3parent or guardian to notify school officials that a pupil
4suspended from the school bus does not have alternate
5transportation to school.
6    (c) A school board must invite a representative from a
7local mental health agency to consult with the board at the
8meeting whenever there is evidence that mental illness may be
9the cause of a student's expulsion or suspension.
10    (c-5) School districts shall make reasonable efforts to
11provide ongoing professional development to teachers,
12administrators, school board members, school resource
13officers, and staff on the adverse consequences of school
14exclusion and justice-system involvement, effective classroom
15management strategies, culturally responsive discipline, the
16appropriate and available supportive services for the
17promotion of student attendance and engagement, and
18developmentally appropriate disciplinary methods that promote
19positive and healthy school climates.
20    (d) The board may expel a student for a definite period of
21time not to exceed 2 calendar years, as determined on a
22case-by-case basis. A student who is determined to have
23brought one of the following objects to school, any
24school-sponsored activity or event, or any activity or event
25that bears a reasonable relationship to school shall be
26expelled for a period of not less than one year:

 

 

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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.
18Expulsion or suspension shall be construed in a manner
19consistent with the federal Individuals with Disabilities
20Education Act. A student who is subject to suspension or
21expulsion as provided in this Section may be eligible for a
22transfer to an alternative school program in accordance with
23Article 13A of the School Code.
24    (d-5) The board may suspend or by regulation authorize the
25superintendent of the district or the principal, assistant
26principal, or dean of students of any school to suspend a

 

 

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1student for a period not to exceed 10 school days or may expel
2a student for a definite period of time not to exceed 2
3calendar years, as determined on a case-by-case basis, if (i)
4that student has been determined to have made an explicit
5threat on an Internet website against a school employee, a
6student, or any school-related personnel, (ii) the Internet
7website through which the threat was made is a site that was
8accessible within the school at the time the threat was made or
9was available to third parties who worked or studied within
10the school grounds at the time the threat was made, and (iii)
11the threat could be reasonably interpreted as threatening to
12the safety and security of the threatened individual because
13of his or her duties or employment status or status as a
14student inside the school.
15    (e) To maintain order and security in the schools, school
16authorities may inspect and search places and areas such as
17lockers, desks, parking lots, and other school property and
18equipment owned or controlled by the school, as well as
19personal effects left in those places and areas by students,
20without notice to or the consent of the student, and without a
21search warrant. As a matter of public policy, the General
22Assembly finds that students have no reasonable expectation of
23privacy in these places and areas or in their personal effects
24left in these places and areas. School authorities may request
25the assistance of law enforcement officials for the purpose of
26conducting inspections and searches of lockers, desks, parking

 

 

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1lots, and other school property and equipment owned or
2controlled by the school for illegal drugs, weapons, or other
3illegal or dangerous substances or materials, including
4searches conducted through the use of specially trained dogs.
5If a search conducted in accordance with this Section produces
6evidence that the student has violated or is violating either
7the law, local ordinance, or the school's policies or rules,
8such evidence may be seized by school authorities, and
9disciplinary action may be taken. School authorities may also
10turn over such evidence to law enforcement authorities.
11    (f) Suspension or expulsion may include suspension or
12expulsion from school and all school activities and a
13prohibition from being present on school grounds.
14    (g) A school district may adopt a policy providing that if
15a student is suspended or expelled for any reason from any
16public or private school in this or any other state, the
17student must complete the entire term of the suspension or
18expulsion in an alternative school program under Article 13A
19of this Code or an alternative learning opportunities program
20under Article 13B of this Code before being admitted into the
21school district if there is no threat to the safety of students
22or staff in the alternative program.
23    (h) School officials shall not advise or encourage
24students to drop out voluntarily due to behavioral or academic
25difficulties.
26    (i) A student may not be issued a monetary fine or fee as a

 

 

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1disciplinary consequence, though this shall not preclude
2requiring a student to provide restitution for lost, stolen,
3or damaged property.
4    (j) Subsections (a) through (i) of this Section shall
5apply to elementary and secondary schools, charter schools,
6special charter districts, and school districts organized
7under Article 34 of this Code.
8    (k) The expulsion of children enrolled in programs funded
9under Section 1C-2 of this Code is subject to the requirements
10under paragraph (7) of subsection (a) of Section 2-3.71 of
11this Code.
12    (l) Beginning with the 2018-2019 school year, an in-school
13suspension program provided by a school district for any
14students in kindergarten through grade 12 may focus on
15promoting non-violent conflict resolution and positive
16interaction with other students and school personnel. A school
17district may employ a school social worker or a licensed
18mental health professional to oversee an in-school suspension
19program in kindergarten through grade 12.
20(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
21102-813, 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
24searches.
25    (a) To expel pupils guilty of gross disobedience or

 

 

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1misconduct, including gross disobedience or misconduct
2perpetuated by electronic means, pursuant to subsection (b-20)
3of this Section, and no action shall lie against them for such
4expulsion. Expulsion shall take place only after the parents
5or guardians have been requested to appear at a meeting of the
6board, or with a hearing officer appointed by it, to discuss
7their child's behavior. Such request shall be made by
8registered or certified mail and shall state the time, place
9and purpose of the meeting. The board, or a hearing officer
10appointed by it, at such meeting shall state the reasons for
11dismissal and the date on which the expulsion is to become
12effective. If a hearing officer is appointed by the board, he
13shall report to the board a written summary of the evidence
14heard at the meeting and the board may take such action thereon
15as it finds appropriate. If the board acts to expel a pupil,
16the written expulsion decision shall detail the specific
17reasons why removing the pupil from the learning environment
18is in the best interest of the school. The expulsion decision
19shall also include a rationale as to the specific duration of
20the expulsion. An expelled pupil may be immediately
21transferred to an alternative program in the manner provided
22in Article 13A or 13B of this Code. A pupil must not be denied
23transfer because of the expulsion, except in cases in which
24such transfer is deemed to cause a threat to the safety of
25students or staff in the alternative program.
26    (b) To suspend or by policy to authorize the

 

 

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1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend pupils
3guilty of gross disobedience or misconduct, or to suspend
4pupils guilty of gross disobedience or misconduct on the
5school bus from riding the school bus, pursuant to subsections
6(b-15) and (b-20) of this Section, and no action shall lie
7against them for such suspension. The board may by policy
8authorize the superintendent of the district or the principal,
9assistant principal, or dean of students of any school to
10suspend pupils guilty of such acts for a period not to exceed
1110 school days. If a pupil is suspended due to gross
12disobedience or misconduct on a school bus, the board may
13suspend the pupil in excess of 10 school days for safety
14reasons.
15    Any suspension shall be reported immediately to the
16parents or guardians of a pupil along with a full statement of
17the reasons for such suspension and a notice of their right to
18a review. The school board must be given a summary of the
19notice, including the reason for the suspension and the
20suspension length. Upon request of the parents or guardians,
21the school board or a hearing officer appointed by it shall
22review such action of the superintendent or principal,
23assistant principal, or dean of students. At such review, the
24parents or guardians of the pupil may appear and discuss the
25suspension with the board or its hearing officer. If a hearing
26officer is appointed by the board, he shall report to the board

 

 

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1a written summary of the evidence heard at the meeting. After
2its hearing or upon receipt of the written report of its
3hearing officer, the board may take such action as it finds
4appropriate. If a student is suspended pursuant to this
5subsection (b), the board shall, in the written suspension
6decision, detail the specific act of gross disobedience or
7misconduct resulting in the decision to suspend. The
8suspension decision shall also include a rationale as to the
9specific duration of the suspension. A pupil who is suspended
10in excess of 20 school days may be immediately transferred to
11an alternative program in the manner provided in Article 13A
12or 13B of this Code. A pupil must not be denied transfer
13because of the suspension, except in cases in which such
14transfer is deemed to cause a threat to the safety of students
15or staff in the alternative program.
16    (b-5) Among the many possible disciplinary interventions
17and consequences available to school officials, school
18exclusions, such as out-of-school suspensions and expulsions,
19are the most serious. School officials shall limit the number
20and duration of expulsions and suspensions to the greatest
21extent practicable, and it is recommended that they use them
22only for legitimate educational purposes. To ensure that
23students are not excluded from school unnecessarily, it is
24recommended that school officials consider forms of
25non-exclusionary discipline prior to using out-of-school
26suspensions or expulsions.

 

 

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1    (b-10) Unless otherwise required by federal law or this
2Code, school boards may not institute zero-tolerance policies
3by which school administrators are required to suspend or
4expel students for particular behaviors.
5    (b-15) Out-of-school suspensions of 3 days or less may be
6used only if the student's continuing presence in school would
7pose a threat to school safety or a disruption to other
8students' learning opportunities. For purposes of this
9subsection (b-15), "threat to school safety or a disruption to
10other students' learning opportunities" shall be determined on
11a case-by-case basis by the school board or its designee.
12School officials shall make all reasonable efforts to resolve
13such threats, address such disruptions, and minimize the
14length of suspensions to the greatest extent practicable.
15    (b-20) Unless otherwise required by this Code,
16out-of-school suspensions of longer than 3 days, expulsions,
17and disciplinary removals to alternative schools may be used
18only if other appropriate and available behavioral and
19disciplinary interventions have been exhausted and the
20student's continuing presence in school would either (i) pose
21a threat to the safety of other students, staff, or members of
22the school community or (ii) substantially disrupt, impede, or
23interfere with the operation of the school. For purposes of
24this subsection (b-20), "threat to the safety of other
25students, staff, or members of the school community" and
26"substantially disrupt, impede, or interfere with the

 

 

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1operation of the school" shall be determined on a case-by-case
2basis by school officials. For purposes of this subsection
3(b-20), the determination of whether "appropriate and
4available behavioral and disciplinary interventions have been
5exhausted" shall be made by school officials. School officials
6shall make all reasonable efforts to resolve such threats,
7address such disruptions, and minimize the length of student
8exclusions to the greatest extent practicable. Within the
9suspension decision described in subsection (b) of this
10Section or the expulsion decision described in subsection (a)
11of this Section, it shall be documented whether other
12interventions were attempted or whether it was determined that
13there were no other appropriate and available interventions.
14    (b-25) Students who are suspended out-of-school for longer
15than 4 school days shall be provided appropriate and available
16support services during the period of their suspension. For
17purposes of this subsection (b-25), "appropriate and available
18support services" shall be determined by school authorities.
19Within the suspension decision described in subsection (b) of
20this Section, it shall be documented whether such services are
21to be provided or whether it was determined that there are no
22such appropriate and available services.
23    A school district may refer students who are expelled to
24appropriate and available support services.
25    A school district shall create a policy to facilitate the
26re-engagement of students who are suspended out-of-school,

 

 

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1expelled, or returning from an alternative school setting.
2    (b-30) A school district shall create a policy by which
3suspended pupils, including those pupils suspended from the
4school bus who do not have alternate transportation to school,
5shall have the opportunity to make up work for equivalent
6academic credit. It shall be the responsibility of a pupil's
7