Sen. Kimberly A. Lightford

Filed: 2/28/2024

 

 


 

 


 
10300SB0001sam001LRB103 25137 RJT 70254 a

1
AMENDMENT TO SENATE BILL 1

2    AMENDMENT NO. ______. Amend Senate Bill 1 by replacing
3everything after the enacting clause with the following:
 
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 percent the size of an adult's brain. Yet,
11an infant's brain has roughly 86 billion neurons, almost all
12the neurons 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

 

 

10300SB0001sam001- 2 -LRB103 25137 RJT 70254 a

1executive function skills like focusing attention, remembering
2instructions, and demonstrating self-control. Without these
3skills, children are not fully equipped to learn when they
4enter kindergarten. By age 5, 90% of brain development is
5complete.
6    (3) Prenatal programs improve the regular care of birthing
7parents, reduce the risk of infant low birth weight and
8mortality, and increase regular child wellness visits,
9screenings, and immunizations.
10    (4) Early childhood education and care not only improve
11school readiness and literacy, but also improve cognitive
12development for future success in life, school, and the
13workforce.
14    (5) Research shows that for every dollar invested in
15high-quality early childhood education and care, society gains
16over $7 in economic returns in the long-term.
17    (6) Supporting children means supporting their parents and
18families. The early childhood education and care industry is
19the workforce behind all other workforces. High-quality child
20care enables parents and families to consistently work and
21earn an income to support their children. Research also shows
22that early childhood education and care programs can reduce
23parental stress and improve family well-being.
24    (7) Investing in early childhood education and care is in
25the interest of all residents and will make Illinois the best
26state in the nation to raise young children.
 

 

 

10300SB0001sam001- 3 -LRB103 25137 RJT 70254 a

1    Section 1-10. Purpose. It is the purpose of this Act to
2provide for the creation of the Department of Early Childhood
3and to transfer to it certain rights, powers, duties, and
4functions currently exercised by various agencies of State
5Government. The Department of Early Childhood shall be the
6lead State agency for administering and providing early
7childhood education and care programs and services to children
8and families. This Act centralizes home-visiting services,
9early intervention services, preschool services, child care
10services, licensing for day care centers, day care homes, and
11group day care homes, and other early childhood education and
12care programs and administrative functions historically
13managed by the Illinois State Board of Education, the Illinois
14Department of Human Services, and the Illinois Department of
15Children and Family Services. Centralizing early childhood
16functions into a single State agency is intended to simplify
17the process for parents and caregivers to identify and enroll
18children in early childhood services, to create new,
19equity-driven statewide systems, to streamline administrative
20functions for providers, and to improve kindergarten readiness
21for children.
 
22    Section 1-11. Rights; privileges; protections.
23Notwithstanding any provision of law to the contrary, any
24rights, privileges, or protections afforded to students in

 

 

10300SB0001sam001- 4 -LRB103 25137 RJT 70254 a

1early childhood education and care programs, including
2undocumented students, under the School Code or any other
3provision of law shall not terminate upon the effective date
4of this Act.
 
5    Section 1-15. Definitions. As used in this Act, unless the
6context otherwise requires:
7    "Department" means the Department of Early Childhood.
8    "Secretary" means the Secretary of Early Childhood.
9    "Transferring agency" means the Department of Human
10Services, Department of Children and Family Services, and the
11State Board of Education.
 
12    Section 1-20. Department; Secretary; organization.
13    (a) The Department of Early Childhood is created and shall
14begin operation on July 1, 2024.
15    (b) The head officer of the Department is the Secretary.
16The Secretary shall be appointed by the Governor, with the
17advice and consent of the Senate. The Department may employ or
18retain other persons to assist in the discharge of its
19functions, subject to the Personnel Code.
20    (c) The Governor may, with the advice and consent of the
21Senate, appoint an appropriate number of persons to serve as
22Assistant Secretaries to head the major programmatic divisions
23of the Department. Assistant Secretaries shall not be subject
24to the Personnel Code.

 

 

10300SB0001sam001- 5 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 6 -LRB103 25137 RJT 70254 a

1Administrative Procedure Act are hereby expressly adopted and
2shall apply to all administrative rules and procedures of the
3Department under this Act, except that Section 5-35 of the
4Illinois Administrative Procedure Act relating to procedures
5for rulemaking does not apply to the adoption of any rule
6required by federal law in connection with which the
7Department is precluded by law from exercising any discretion.
8    (c) Procurement; contracts necessary for the creation of
9the Department of Early Childhood and the implementation of
10the Department's mission are not subject to the Illinois
11Procurement Code provided that the process shall be conducted
12in a manner substantially in accordance with the requirements
13of the following Sections of the Illinois Procurement Code:
1420-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20,
1550-21, 50-35, 50-36, 50-37, 50-38, and 50-50. Contracts
16entered into by the Department of Early Childhood using this
17exemption shall not exceed 3 years in length and must expire no
18later than July 1, 2027. All contracts entered into after July
191, 2027, are subject to the Procurement Code and the
20requirements therein. Contracts entered into utilizing this
21exemption shall be posted to the agency website for one year
22after contract execution.
 
23
ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION
24
SERVICES

 

 

 

10300SB0001sam001- 7 -LRB103 25137 RJT 70254 a

1    Section 10-5. Transition planning. Beginning July 1, 2024,
2the Department of Early Childhood and the Department of Human
3Services shall collaborate and plan for the transition of
4administrative responsibilities as prescribed in the Early
5Intervention Services System Act.
 
6    Section 10-10. Legislative findings and policy.
7    (a) The General Assembly finds that there is an urgent and
8substantial need to:
9        (1) enhance the development of all eligible infants
10    and toddlers in the State of Illinois in order to minimize
11    developmental delay and maximize individual potential for
12    adult independence;
13        (2) enhance the capacity of families to meet the
14    special needs of eligible infants and toddlers including
15    the purchase of services when necessary;
16        (3) reduce educational costs by minimizing the need
17    for special education and related services when eligible
18    infants and toddlers reach school age;
19        (4) enhance the independence, productivity and
20    integration with age-appropriate peers of eligible
21    children and their families;
22        (5) reduce social services costs and minimize the need
23    for institutionalization; and
24        (6) prevent secondary impairments and disabilities by
25    improving the health of infants and toddlers, thereby

 

 

10300SB0001sam001- 8 -LRB103 25137 RJT 70254 a

1    reducing health costs for the families and the State.
2        (b) The General Assembly therefore intends that the
3    policy of this State shall be to:
4        (1) affirm the importance of the family in all areas
5    of the child's development and reinforce the role of the
6    family as a participant in the decision-making processes
7    regarding their child;
8        (2) provide assistance and support to eligible infants
9    and toddlers and their families to address the individual
10    concerns and decisions of each family;
11        (3) develop and implement, on a statewide basis,
12    locally based comprehensive, coordinated,
13    interdisciplinary, interagency early intervention
14    services for all eligible infants and toddlers;
15        (4) enhance the local communities' capacity to provide
16    an array of quality early intervention services;
17        (5) identify and coordinate all available resources
18    for early intervention within the State including those
19    from federal, State, local and private sources;
20        (6) provide financial and technical assistance to
21    local communities for the purposes of coordinating early
22    intervention services in local communities and enhancing
23    the communities' capacity to provide individualized early
24    intervention services to all eligible infants and toddlers
25    in their homes or in community environments; and
26        (7) affirm that eligible infants and toddlers have a

 

 

10300SB0001sam001- 9 -LRB103 25137 RJT 70254 a

1    right to receive early intervention services to the
2    maximum extent appropriate, in natural environments in
3    which infants and toddlers without disabilities would
4    participate.
5    (c) The General Assembly further finds that early
6intervention services are cost-effective and effectively serve
7the developmental needs of eligible infants and toddlers and
8their families. Therefore, the purpose of this Act is to
9provide a comprehensive, coordinated, interagency,
10interdisciplinary early intervention services system for
11eligible infants and toddlers and their families by enhancing
12the capacity to provide quality early intervention services,
13expanding and improving existing services, and facilitating
14coordination of payments for early intervention services from
15various public and private sources.
 
16    Section 10-15. Definitions. As used in this Act:
17    (a) "Eligible infants and toddlers" means infants and
18toddlers under 36 months of age with any of the following
19conditions:
20        (1) Developmental delays.
21        (2) A physical or mental condition which typically
22    results in developmental delay.
23        (3) Being at risk of having substantial developmental
24    delays based on informed clinical opinion.
25        (4) Either (A) having entered the program under any of

 

 

10300SB0001sam001- 10 -LRB103 25137 RJT 70254 a

1    the circumstances listed in paragraphs (1) through (3) of
2    this subsection but no longer meeting the current
3    eligibility criteria under those paragraphs, and
4    continuing to have any measurable delay, or (B) not having
5    attained a level of development in each area, including
6    (i) cognitive, (ii) physical (including vision and
7    hearing), (iii) language, speech, and communication, (iv)
8    social or emotional, or (v) adaptive, that is at least at
9    the mean of the child's age equivalent peers; and, in
10    addition to either item (A) or item (B), (C) having been
11    determined by the multidisciplinary individualized family
12    service plan team to require the continuation of early
13    intervention services in order to support continuing
14    developmental progress, pursuant to the child's needs and
15    provided in an appropriate developmental manner. The type,
16    frequency, and intensity of services shall differ from the
17    initial individualized family services plan because of the
18    child's developmental progress, and may consist of only
19    service coordination, evaluation, and assessments.
20    "Eligible infants and toddlers" includes any child under
21the age of 3 who is the subject of a substantiated case of
22child abuse or neglect as defined in the federal Child Abuse
23Prevention and Treatment Act.
24    (b) "Developmental delay" means a delay in one or more of
25the following areas of childhood development as measured by
26appropriate diagnostic instruments and standard procedures:

 

 

10300SB0001sam001- 11 -LRB103 25137 RJT 70254 a

1cognitive; physical, including vision and hearing; language,
2speech and communication; social or emotional; or adaptive.
3The term means a delay of 30% or more below the mean in
4function in one or more of those areas.
5    (c) "Physical or mental condition which typically results
6in developmental delay" means:
7        (1) a diagnosed medical disorder or exposure to a
8    toxic substance bearing a relatively well known expectancy
9    for developmental outcomes within varying ranges of
10    developmental disabilities; or
11        (2) a history of prenatal, perinatal, neonatal or
12    early developmental events suggestive of biological
13    insults to the developing central nervous system and which
14    either singly or collectively increase the probability of
15    developing a disability or delay based on a medical
16    history.
17    (d) "Informed clinical opinion" means both clinical
18observations and parental participation to determine
19eligibility by a consensus of a multidisciplinary team of 2 or
20more members based on their professional experience and
21expertise.
22    (e) "Early intervention services" means services which:
23        (1) are designed to meet the developmental needs of
24    each child eligible under this Act and the needs of his or
25    her family;
26        (2) are selected in collaboration with the child's

 

 

10300SB0001sam001- 12 -LRB103 25137 RJT 70254 a

1    family;
2        (3) are provided under public supervision;
3        (4) are provided at no cost except where a schedule of
4    sliding scale fees or other system of payments by families
5    has been adopted in accordance with State and federal law;
6        (5) are designed to meet an infant's or toddler's
7    developmental needs in any of the following areas:
8            (A) physical development, including vision and
9        hearing,
10            (B) cognitive development,
11            (C) communication development,
12            (D) social or emotional development, or
13            (E) adaptive development;
14        (6) meet the standards of the State, including the
15    requirements of this Act;
16        (7) include one or more of the following:
17            (A) family training,
18            (B) social work services, including counseling,
19        and home visits,
20            (C) special instruction,
21            (D) speech, language pathology and audiology,
22            (E) occupational therapy,
23            (F) physical therapy,
24            (G) psychological services,
25            (H) service coordination services,
26            (I) medical services only for diagnostic or

 

 

10300SB0001sam001- 13 -LRB103 25137 RJT 70254 a

1        evaluation purposes,
2            (J) early identification, screening, and
3        assessment services,
4            (K) health services specified by the lead agency
5        as necessary to enable the infant or toddler to
6        benefit from the other early intervention services,
7            (L) vision services,
8            (M) transportation,
9            (N) assistive technology devices and services,
10            (O) nursing services,
11            (P) nutrition services, and
12            (Q) sign language and cued language services;
13        (8) are provided by qualified personnel, including but
14    not limited to:
15            (A) child development specialists or special
16        educators, including teachers of children with hearing
17        impairments (including deafness) and teachers of
18        children with vision impairments (including
19        blindness),
20            (B) speech and language pathologists and
21        audiologists,
22            (C) occupational therapists,
23            (D) physical therapists,
24            (E) social workers,
25            (F) nurses,
26            (G) dietitian nutritionists,

 

 

10300SB0001sam001- 14 -LRB103 25137 RJT 70254 a

1            (H) vision specialists, including ophthalmologists
2        and optometrists,
3            (I) psychologists, and
4            (J) physicians;
5        (9) are provided in conformity with an Individualized
6    Family Service Plan;
7        (10) are provided throughout the year; and
8        (11) are provided in natural environments, to the
9    maximum extent appropriate, which may include the home and
10    community settings, unless justification is provided
11    consistent with federal regulations adopted under Sections
12    1431 through 1444 of Title 20 of the United States Code.
13    (f) "Individualized Family Service Plan" or "Plan" means a
14written plan for providing early intervention services to a
15child eligible under this Act and the child's family, as set
16forth in Section 10-65.
17    (g) "Local interagency agreement" means an agreement
18entered into by local community and State and regional
19agencies receiving early intervention funds directly from the
20State and made in accordance with State interagency agreements
21providing for the delivery of early intervention services
22within a local community area.
23    (h) "Council" means the Illinois Interagency Council on
24Early Intervention established under Section 10-30.
25    (i) "Lead agency" means the State agency responsible for
26administering this Act and receiving and disbursing public

 

 

10300SB0001sam001- 15 -LRB103 25137 RJT 70254 a

1funds received in accordance with State and federal law and
2rules.
3    (i-5) "Central billing office" means the central billing
4office created by the lead agency under Section 10-75.
5    (j) "Child find" means a service which identifies eligible
6infants and toddlers.
7    (k) "Regional intake entity" means the lead agency's
8designated entity responsible for implementation of the Early
9Intervention Services System within its designated geographic
10area.
11    (l) "Early intervention provider" means an individual who
12is qualified, as defined by the lead agency, to provide one or
13more types of early intervention services, and who has
14enrolled as a provider in the early intervention program.
15    (m) "Fully credentialed early intervention provider" means
16an individual who has met the standards in the State
17applicable to the relevant profession, and has met such other
18qualifications as the lead agency has determined are suitable
19for personnel providing early intervention services, including
20pediatric experience, education, and continuing education. The
21lead agency shall establish these qualifications by rule filed
22no later than 180 days after the effective date of this Act.
23    (n) "Telehealth" has the meaning given to that term in
24Section 5 of the Telehealth Act.
25    (o) "Department" means Department of Early Childhood
26unless otherwise specified.
 

 

 

10300SB0001sam001- 16 -LRB103 25137 RJT 70254 a

1    Section 10-25. Services delivered by telehealth. An early
2intervention provider may deliver via telehealth any type of
3early intervention service outlined in subsection (e) of
4Section 10-15 to the extent of the early intervention
5provider's scope of practice as established in the provider's
6respective licensing Act consistent with the standards of care
7for in-person services. This Section shall not be construed to
8alter the scope of practice of any early intervention provider
9or authorize the delivery of early intervention services in a
10setting or in a manner not otherwise authorized by the laws of
11this State.
 
12    Section 10-30. Illinois Interagency Council on Early
13Intervention.
14    (a) There is established the Illinois Interagency Council
15on Early Intervention. The Council shall be composed of at
16least 20 but not more than 30 members. The members of the
17Council and the designated chairperson of the Council shall be
18appointed by the Governor. The Council member representing the
19lead agency may not serve as chairperson of the Council. On and
20after July 1, 2026, the Council shall be composed of the
21following members:
22    (1) The Secretary of Early Childhood (or the Secretary's
23designee) and 2 additional representatives of the Department
24of Early Childhood designated by the Secretary, plus the

 

 

10300SB0001sam001- 17 -LRB103 25137 RJT 70254 a

1Directors (or their designees) of the following State agencies
2involved in the provision of or payment for early intervention
3services to eligible infants and toddlers and their families:
4        (A) Department of Insurance; and
5        (B) Department of Healthcare and Family Services.
6    (2) Other members as follows:
7        (A) At least 20% of the members of the Council shall be
8    parents, including minority parents, of infants or
9    toddlers with disabilities or children with disabilities
10    aged 12 or younger, with knowledge of, or experience with,
11    programs for infants and toddlers with disabilities. At
12    least one such member shall be a parent of an infant or
13    toddler with a disability or a child with a disability
14    aged 6 or younger;
15        (B) At least 20% of the members of the Council shall be
16    public or private providers of early intervention
17    services;
18        (C) One member shall be a representative of the
19    General Assembly;
20        (D) One member shall be involved in the preparation of
21    professional personnel to serve infants and toddlers
22    similar to those eligible for services under this Act;
23        (E) Two members shall be from advocacy organizations
24    with expertise in improving health, development, and
25    educational outcomes for infants and toddlers with
26    disabilities;

 

 

10300SB0001sam001- 18 -LRB103 25137 RJT 70254 a

1        (F) One member shall be a Child and Family Connections
2    manager from a rural district;
3        (G) One member shall be a Child and Family Connections
4    manager from an urban district;
5        (H) One member shall be the co-chair of the Illinois
6    Early Learning Council (or their designee); and
7        (I) Members representing the following agencies or
8    entities: the Department of Human Services; the State
9    Board of Education; the Department of Public Health; the
10    Department of Children and Family Services; the University
11    of Illinois Division of Specialized Care for Children; the
12    Illinois Council on Developmental Disabilities; Head Start
13    or Early Head Start; and the Department of Human Services'
14    Division of Mental Health. A member may represent one or
15    more of the listed agencies or entities.
16    The Council shall meet at least quarterly and in such
17places as it deems necessary. Terms of the initial members
18appointed under paragraph (2) shall be determined by lot at
19the first Council meeting as follows: of the persons appointed
20under subparagraphs (A) and (B), one-third shall serve
21one-year terms, one-third shall serve 2-year terms, and
22one-third shall serve 3-year terms; and of the persons
23appointed under subparagraphs (C) and (D), one shall serve a
242-year term and one shall serve a 3-year term. Thereafter,
25successors appointed under paragraph (2) shall serve 3-year
26terms. Once appointed, members shall continue to serve until

 

 

10300SB0001sam001- 19 -LRB103 25137 RJT 70254 a

1their successors are appointed. No member shall be appointed
2to serve more than 2 consecutive terms.
3    Council members shall serve without compensation but shall
4be reimbursed for reasonable costs incurred in the performance
5of their duties, including costs related to child care, and
6parents may be paid a stipend in accordance with applicable
7requirements.
8    The Council shall prepare and approve a budget using funds
9appropriated for the purpose to hire staff, and obtain the
10services of such professional, technical, and clerical
11personnel as may be necessary to carry out its functions under
12this Act. This funding support and staff shall be directed by
13the lead agency.
14    (b) The Council shall:
15        (1) advise and assist the lead agency in the
16    performance of its responsibilities including but not
17    limited to the identification of sources of fiscal and
18    other support services for early intervention programs,
19    and the promotion of interagency agreements which assign
20    financial responsibility to the appropriate agencies;
21        (2) advise and assist the lead agency in the
22    preparation of applications and amendments to
23    applications;
24        (3) review and advise on relevant rules and standards
25    proposed by the related State agencies;
26        (4) advise and assist the lead agency in the

 

 

10300SB0001sam001- 20 -LRB103 25137 RJT 70254 a

1    development, implementation and evaluation of the
2    comprehensive early intervention services system;
3        (4.5) coordinate and collaborate with State
4    interagency early learning initiatives, as appropriate;
5    and
6        (5) prepare and submit an annual report to the
7    Governor and to the General Assembly on the status of
8    early intervention programs for eligible infants and
9    toddlers and their families in Illinois. The annual report
10    shall include (i) the estimated number of eligible infants
11    and toddlers in this State, (ii) the number of eligible
12    infants and toddlers who have received services under this
13    Act and the cost of providing those services, and (iii)
14    the estimated cost of providing services under this Act to
15    all eligible infants and toddlers in this State. The
16    report shall be posted by the lead agency on the early
17    intervention website as required under paragraph (f) of
18    Section 10-35 of this Act.
19    No member of the Council shall cast a vote on or
20participate substantially in any matter which would provide a
21direct financial benefit to that member or otherwise give the
22appearance of a conflict of interest under State law. All
23provisions and reporting requirements of the Illinois
24Governmental Ethics Act shall apply to Council members.
 
25    Section 10-35. Lead agency. Through June 30, 2026, the

 

 

10300SB0001sam001- 21 -LRB103 25137 RJT 70254 a

1Department of Human Services is designated the lead agency and
2shall provide leadership in establishing and implementing the
3coordinated, comprehensive, interagency and interdisciplinary
4system of early intervention services. On and after July 1,
52026, the Department of Early Childhood is designated the lead
6agency and shall provide leadership in establishing and
7implementing the coordinated, comprehensive, interagency and
8interdisciplinary system of early intervention services. The
9lead agency shall not have the sole responsibility for
10providing these services. Each participating State agency
11shall continue to coordinate those early intervention services
12relating to health, social service and education provided
13under this authority.
14    The lead agency is responsible for carrying out the
15following:
16        (a) The general administration, supervision, and
17    monitoring of programs and activities receiving assistance
18    under Section 673 of the Individuals with Disabilities
19    Education Act (20 United States Code 1473).
20        (b) The identification and coordination of all
21    available resources within the State from federal, State,
22    local and private sources.
23        (c) The development of procedures to ensure that
24    services are provided to eligible infants and toddlers and
25    their families in a timely manner pending the resolution
26    of any disputes among public agencies or service

 

 

10300SB0001sam001- 22 -LRB103 25137 RJT 70254 a

1    providers.
2        (d) The resolution of intra-agency and interagency
3    regulatory and procedural disputes.
4        (e) The development and implementation of formal
5    interagency agreements, and the entry into such
6    agreements, between the lead agency and (i) the Department
7    of Healthcare and Family Services, (ii) the University of
8    Illinois Division of Specialized Care for Children, and
9    (iii) other relevant State agencies that:
10            (1) define the financial responsibility of each
11        agency for paying for early intervention services
12        (consistent with existing State and federal law and
13        rules, including the requirement that early
14        intervention funds be used as the payor of last
15        resort), a hierarchical order of payment as among the
16        agencies for early intervention services that are
17        covered under or may be paid by programs in other
18        agencies, and procedures for direct billing,
19        collecting reimbursements for payments made, and
20        resolving service and payment disputes; and
21            (2) include all additional components necessary to
22        ensure meaningful cooperation and coordination. By
23        January 31, 2027, interagency agreements under this
24        paragraph (e) must be reviewed and revised to
25        implement the purposes of this Act.
26        (f) The maintenance of an early intervention website.

 

 

10300SB0001sam001- 23 -LRB103 25137 RJT 70254 a

1    The lead agency shall post and keep posted on this website
2    the following: (i) the current annual report required
3    under subdivision (b)(5) of Section 10-30 of this Act, and
4    the annual reports of the prior 3 years, (ii) the most
5    recent Illinois application for funds prepared under
6    Section 637 of the Individuals with Disabilities Education
7    Act filed with the United States Department of Education,
8    (iii) proposed modifications of the application prepared
9    for public comment, (iv) notice of Council meetings,
10    Council agendas, and minutes of its proceedings for at
11    least the previous year, (v) proposed and final early
12    intervention rules, and (vi) all reports created for
13    dissemination to the public that are related to the early
14    intervention program, including reports prepared at the
15    request of the Council and the General Assembly. Each such
16    document shall be posted on the website within 3 working
17    days after the document's completion.
18        (g) Before adopting any new policy or procedure
19    (including any revisions to an existing policy or
20    procedure) needed to comply with Part C of the Individuals
21    with Disabilities Education Act, the lead agency must hold
22    public hearings on the new policy or procedure, provide
23    notice of the hearings at least 30 days before the
24    hearings are conducted to enable public participation, and
25    provide an opportunity for the general public, including
26    individuals with disabilities and parents of infants and

 

 

10300SB0001sam001- 24 -LRB103 25137 RJT 70254 a

1    toddlers with disabilities, early intervention providers,
2    and members of the Council to comment for at least 30 days
3    on the new policy or procedure needed to comply with Part C
4    of the Individuals with Disabilities Education Act and
5    with 34 CFR Part 300 and Part 303.
 
6    Section 10-40. Local structure and interagency councils.
7The lead agency, in conjunction with the Council and as
8defined by administrative rule, shall define local service
9areas and define the geographic boundaries of each so that all
10areas of the State are included in a local service area but no
11area of the State is included in more than one service area. In
12each local service area, the lead agency shall designate a
13regional entity responsible for the assessment of eligibility
14and services and a local interagency council responsible for
15coordination and design of child find and public awareness.
16The regional entity shall be responsible for staffing the
17local council, carrying out child find and public awareness
18activities, and providing advocacy for eligible families
19within the given geographic area. The regional entity is the
20prime contractor responsible to the lead agency for
21implementation of this Act.
22    The lead agency, in conjunction with the Council, shall
23create local interagency councils. Members of each local
24interagency council shall include, but not be limited to, the
25following: parents; representatives from coordination and

 

 

10300SB0001sam001- 25 -LRB103 25137 RJT 70254 a

1advocacy service providers; local education agencies; other
2local public and private service providers; representatives
3from State agencies at the local level; and others deemed
4necessary by the local council.
5    Local interagency councils shall:
6        (a) assist in the development of collaborative
7    agreements between local service providers, diagnostic and
8    other agencies providing additional services to the child
9    and family;
10        (b) assist in conducting local needs assessments and
11    planning efforts;
12        (c) identify and resolve local access issues;
13        (d) conduct collaborative child find activities;
14        (e) coordinate public awareness initiatives;
15        (f) coordinate local planning and evaluation;
16        (g) assist in the recruitment of specialty personnel;
17        (h) develop plans for facilitating transition and
18    integration of eligible children and families into the
19    community;
20        (i) facilitate conflict resolution at the local level;
21    and
22        (j) report annually to the Council.
 
23    Section 10-45. Essential components of the statewide
24service system. As required by federal laws and regulations, a
25statewide system of coordinated, comprehensive, interagency

 

 

10300SB0001sam001- 26 -LRB103 25137 RJT 70254 a

1and interdisciplinary programs shall be established and
2maintained. The framework of the statewide system shall be
3based on the components set forth in this Section. This
4framework shall be used for planning, implementation,
5coordination and evaluation of the statewide system of locally
6based early intervention services.
7    The statewide system shall include, at a minimum:
8        (a) a definition of the term "developmentally
9    delayed", in accordance with the definition in Section
10    10-15, that will be used in Illinois in carrying out
11    programs under this Act;
12        (b) timetables for ensuring that appropriate early
13    intervention services, based on scientifically based
14    research, to the extent practicable, will be available to
15    all eligible infants and toddlers in this State after the
16    effective date of this Act;
17        (c) a timely, comprehensive, multidisciplinary
18    evaluation of each potentially eligible infant and toddler
19    in this State, unless the child meets the definition of
20    eligibility based upon his or her medical and other
21    records; for a child determined eligible, a
22    multidisciplinary assessment of the unique strengths and
23    needs of that infant or toddler and the identification of
24    services appropriate to meet those needs and a
25    family-directed assessment of the resources, priorities,
26    and concerns of the family and the identification of

 

 

10300SB0001sam001- 27 -LRB103 25137 RJT 70254 a

1    supports and services necessary to enhance the family's
2    capacity to meet the developmental needs of that infant or
3    toddler;
4        (d) for each eligible infant and toddler, an
5    Individualized Family Service Plan, including service
6    coordination (case management) services;
7        (e) a comprehensive child find system, consistent with
8    Part B of the Individuals with Disabilities Education Act
9    (20 United States Code 1411 through 1420 and as set forth
10    in 34 CFR 300.115), which includes timelines and provides
11    for participation by primary referral sources;
12        (f) a public awareness program focusing on early
13    identification of eligible infants and toddlers;
14        (g) a central directory which includes public and
15    private early intervention services, resources, and
16    experts available in this State, professional and other
17    groups (including parent support groups and training and
18    information centers) that provide assistance to infants
19    and toddlers with disabilities who are eligible for early
20    intervention programs assisted under Part C of the
21    Individuals with Disabilities Education Act and their
22    families, and research and demonstration projects being
23    conducted in this State relating to infants and toddlers
24    with disabilities;
25        (h) a comprehensive system of personnel development;
26        (i) a policy pertaining to the contracting or making

 

 

10300SB0001sam001- 28 -LRB103 25137 RJT 70254 a

1    of other arrangements with public and private service
2    providers to provide early intervention services in this
3    State, consistent with the provisions of this Act,
4    including the contents of the application used and the
5    conditions of the contract or other arrangements;
6        (j) a procedure for securing timely reimbursement of
7    funds;
8        (k) procedural safeguards with respect to programs
9    under this Act;
10        (l) policies and procedures relating to the
11    establishment and maintenance of standards to ensure that
12    personnel necessary to carry out this Act are
13    appropriately and adequately prepared and trained;
14        (m) a system of evaluation of, and compliance with,
15    program standards;
16        (n) a system for compiling data on the numbers of
17    eligible infants and toddlers and their families in this
18    State in need of appropriate early intervention services;
19    the numbers served; the types of services provided; and
20    other information required by the State or federal
21    government; and
22        (o) a single line of responsibility in a lead agency
23    designated by the Governor to carry out its
24    responsibilities as required by this Act.
25    In addition to these required components, linkages may be
26established within a local community area among the prenatal

 

 

10300SB0001sam001- 29 -LRB103 25137 RJT 70254 a

1initiatives affording services to high risk pregnant women.
2Additional linkages among at risk programs and local literacy
3programs may also be established.
4    On and after July 1, 2026, the Department of Early
5Childhood shall continue implementation of the 5-fiscal-year
6implementation plan that was created by the Department of
7Human Services with the concurrence of the Interagency Council
8on Early Intervention. The plan shall list specific activities
9to be accomplished each year, with cost estimates for each
10activity. The lead agency shall, with the concurrence of the
11Interagency Council, submit to the Governor's Office a report
12on accomplishments of the previous year and a revised list of
13activities for the remainder of the 5-fiscal-year plan, with
14cost estimates for each. The Governor shall certify that
15specific activities in the plan for the previous year have
16been substantially completed before authorizing relevant State
17or local agencies to implement activities listed in the
18revised plan that depend substantially upon completion of one
19or more of the earlier activities.
 
20    Section 10-50. Authority to adopt rules. The lead agency
21shall adopt rules under this Act. These rules shall reflect
22the intent of federal regulations adopted under Part C of the
23Individuals with Disabilities Education Improvement Act of
242004 (Sections 1431 through 1444 of Title 20 of the United
25States Code).
 

 

 

10300SB0001sam001- 30 -LRB103 25137 RJT 70254 a

1    Section 10-55. Role of other State entities. The
2Departments of Public Health, Early Childhood, Human Services,
3Children and Family Services, and Healthcare and Family
4Services; the University of Illinois Division of Specialized
5Care for Children; the State Board of Education; and any other
6State agency which directly or indirectly provides or
7administers early intervention services shall adopt compatible
8rules for the provision of services to eligible infants and
9toddlers and their families by July 1, 2026.
10    These agencies shall enter into and maintain formal
11interagency agreements to enable the State and local agencies
12serving eligible children and their families to establish
13working relationships that will increase the efficiency and
14effectiveness of their early intervention services. The
15agreements shall outline the administrative, program and
16financial responsibilities of the relevant State agencies and
17shall implement a coordinated service delivery system through
18local interagency agreements.
19    There shall be an Early Childhood Intervention Ombudsman
20to assist families and local parties in ensuring that all
21State agencies serving eligible families do so in a
22comprehensive and collaborative manner.
 
23    Section 10-60. Standards. The Council and the lead agency,
24with assistance from parents and providers, shall develop and

 

 

10300SB0001sam001- 31 -LRB103 25137 RJT 70254 a

1promulgate policies and procedures relating to the
2establishment and implementation of program and personnel
3standards to ensure that services provided are consistent with
4any State-approved or recognized certification, licensing,
5registration, or other comparable requirements which apply to
6the area of early intervention program service standards. Only
7State-approved public or private early intervention service
8providers shall be eligible to receive State and federal
9funding for early intervention services. All early childhood
10intervention staff shall hold the highest entry requirement
11necessary for that position.
12    To be a State-approved early intervention service
13provider, an individual (i) shall not have served or
14completed, within the preceding 5 years, a sentence for
15conviction of any felony that the lead agency establishes by
16rule and (ii) shall not have been indicated as a perpetrator of
17child abuse or neglect, within the preceding 5 years, in an
18investigation by Illinois (pursuant to the Abused and
19Neglected Child Reporting Act) or another state. The Lead
20Agency is authorized to receive criminal background checks for
21such providers and persons applying to be such a provider and
22to receive child abuse and neglect reports regarding indicated
23perpetrators who are applying to provide or currently
24authorized to provide early intervention services in Illinois.
25Beginning January 1, 2004, every provider of State-approved
26early intervention services and every applicant to provide

 

 

10300SB0001sam001- 32 -LRB103 25137 RJT 70254 a

1such services must authorize, in writing and in the form
2required by the lead agency, a State and FBI criminal
3background check, as requested by the Department, and check of
4child abuse and neglect reports regarding the provider or
5applicant as a condition of authorization to provide early
6intervention services. The lead agency shall use the results
7of the checks only to determine State approval of the early
8intervention service provider and shall not re-release the
9information except as necessary to accomplish that purpose.
 
10    Section 10-65. Individualized Family Service Plans.
11    (a) Each eligible infant or toddler and that infant's or
12toddler's family shall receive:
13        (1) timely, comprehensive, multidisciplinary
14    assessment of the unique strengths and needs of each
15    eligible infant and toddler, and assessment of the
16    concerns and priorities of the families to appropriately
17    assist them in meeting their needs and identify supports
18    and services to meet those needs; and
19        (2) a written Individualized Family Service Plan
20    developed by a multidisciplinary team which includes the
21    parent or guardian. The individualized family service plan
22    shall be based on the multidisciplinary team's assessment
23    of the resources, priorities, and concerns of the family
24    and its identification of the supports and services
25    necessary to enhance the family's capacity to meet the

 

 

10300SB0001sam001- 33 -LRB103 25137 RJT 70254 a

1    developmental needs of the infant or toddler, and shall
2    include the identification of services appropriate to meet
3    those needs, including the frequency, intensity, and
4    method of delivering services. During and as part of the
5    initial development of the individualized family services
6    plan, and any periodic reviews of the plan, the
7    multidisciplinary team may seek consultation from the lead
8    agency's designated experts, if any, to help determine
9    appropriate services and the frequency and intensity of
10    those services. All services in the individualized family
11    services plan must be justified by the multidisciplinary
12    assessment of the unique strengths and needs of the infant
13    or toddler and must be appropriate to meet those needs. At
14    the periodic reviews, the team shall determine whether
15    modification or revision of the outcomes or services is
16    necessary.
17    (b) The Individualized Family Service Plan shall be
18evaluated once a year and the family shall be provided a review
19of the Plan at 6-month intervals or more often where
20appropriate based on infant or toddler and family needs. The
21lead agency shall create a quality review process regarding
22Individualized Family Service Plan development and changes
23thereto, to monitor and help ensure that resources are being
24used to provide appropriate early intervention services.
25    (c) The initial evaluation and initial assessment and
26initial Plan meeting must be held within 45 days after the

 

 

10300SB0001sam001- 34 -LRB103 25137 RJT 70254 a

1initial contact with the early intervention services system.
2The 45-day timeline does not apply for any period when the
3child or parent is unavailable to complete the initial
4evaluation, the initial assessments of the child and family,
5or the initial Plan meeting, due to exceptional family
6circumstances that are documented in the child's early
7intervention records, or when the parent has not provided
8consent for the initial evaluation or the initial assessment
9of the child despite documented, repeated attempts to obtain
10parental consent. As soon as exceptional family circumstances
11no longer exist or parental consent has been obtained, the
12initial evaluation, the initial assessment, and the initial
13Plan meeting must be completed as soon as possible. With
14parental consent, early intervention services may commence
15before the completion of the comprehensive assessment and
16development of the Plan. All early intervention services shall
17be initiated as soon as possible but not later than 30 calendar
18days after the consent of the parent or guardian has been
19obtained for the individualized family service plan, in
20accordance with rules adopted by the lead agency.
21    (d) Parents must be informed that early intervention
22services shall be provided to each eligible infant and
23toddler, to the maximum extent appropriate, in the natural
24environment, which may include the home or other community
25settings. Parents must also be informed of the availability of
26early intervention services provided through telehealth

 

 

10300SB0001sam001- 35 -LRB103 25137 RJT 70254 a

1services. Parents shall make the final decision to accept or
2decline early intervention services, including whether
3accepted services are delivered in person or via telehealth
4services. A decision to decline such services shall not be a
5basis for administrative determination of parental fitness, or
6other findings or sanctions against the parents. Parameters of
7the Plan shall be set forth in rules.
8    (e) The regional intake offices shall explain to each
9family, orally and in writing, all of the following:
10        (1) That the early intervention program will pay for
11    all early intervention services set forth in the
12    individualized family service plan that are not covered or
13    paid under the family's public or private insurance plan
14    or policy and not eligible for payment through any other
15    third party payor.
16        (2) That services will not be delayed due to any rules
17    or restrictions under the family's insurance plan or
18    policy.
19        (3) That the family may request, with appropriate
20    documentation supporting the request, a determination of
21    an exemption from private insurance use under Section
22    10-100.
23        (4) That responsibility for co-payments or
24    co-insurance under a family's private insurance plan or
25    policy will be transferred to the lead agency's central
26    billing office.

 

 

10300SB0001sam001- 36 -LRB103 25137 RJT 70254 a

1        (5) That families will be responsible for payments of
2    family fees, which will be based on a sliding scale
3    according to the State's definition of ability to pay
4    which is comparing household size and income to the
5    sliding scale and considering out-of-pocket medical or
6    disaster expenses, and that these fees are payable to the
7    central billing office. Families who fail to provide
8    income information shall be charged the maximum amount on
9    the sliding scale.
10    (f) The individualized family service plan must state
11whether the family has private insurance coverage and, if the
12family has such coverage, must have attached to it a copy of
13the family's insurance identification card or otherwise
14include all of the following information:
15        (1) The name, address, and telephone number of the
16    insurance carrier.
17        (2) The contract number and policy number of the
18    insurance plan.
19        (3) The name, address, and social security number of
20    the primary insured.
21        (4) The beginning date of the insurance benefit year.
22    (g) A copy of the individualized family service plan must
23be provided to each enrolled provider who is providing early
24intervention services to the child who is the subject of that
25plan.
26    (h) Children receiving services under this Act shall

 

 

10300SB0001sam001- 37 -LRB103 25137 RJT 70254 a

1receive a smooth and effective transition by their third
2birthday consistent with federal regulations adopted pursuant
3to Sections 1431 through 1444 of Title 20 of the United States
4Code. Beginning January 1, 2022, children who receive early
5intervention services prior to their third birthday and are
6found eligible for an individualized education program under
7the Individuals with Disabilities Education Act, 20 U.S.C.
81414(d)(1)(A), and under Section 14-8.02 of the School Code
9and whose birthday falls between May 1 and August 31 may
10continue to receive early intervention services until the
11beginning of the school year following their third birthday in
12order to minimize gaps in services, ensure better continuity
13of care, and align practices for the enrollment of preschool
14children with special needs to the enrollment practices of
15typically developing preschool children.
 
16    Section 10-70. Procedural safeguards. The lead agency
17shall adopt procedural safeguards that meet federal
18requirements and ensure effective implementation of the
19safeguards for families by each public agency involved in the
20provision of early intervention services under this Act.
21    The procedural safeguards shall provide, at a minimum, the
22following:
23    (a) The timely administrative resolution of State
24complaints, due process hearings, and mediations as defined by
25administrative rule.

 

 

10300SB0001sam001- 38 -LRB103 25137 RJT 70254 a

1    (b) The right to confidentiality of personally
2identifiable information.
3    (c) The opportunity for parents and a guardian to examine
4and receive copies of records relating to evaluations and
5assessments, screening, eligibility determinations, and the
6development and implementation of the Individualized Family
7Service Plan provision of early intervention services,
8individual complaints involving the child, or any part of the
9child's early intervention record.
10    (d) Procedures to protect the rights of the eligible
11infant or toddler whenever the parents or guardians of the
12child are not known or unavailable or the child is a youth in
13care as defined in Section 4d of the Children and Family
14Services Act, including the assignment of an individual (who
15shall not be an employee of the State agency or local agency
16providing services) to act as a surrogate for the parents or
17guardian. The regional intake entity must make reasonable
18efforts to ensure the assignment of a surrogate parent not
19more than 30 days after a public agency determines that the
20child needs a surrogate parent.
21    (e) Timely written prior notice to the parents or guardian
22of the eligible infant or toddler whenever the State agency or
23public or private service provider proposes to initiate or
24change or refuses to initiate or change the identification,
25evaluation, placement, or the provision of appropriate early
26intervention services to the eligible infant or toddler.

 

 

10300SB0001sam001- 39 -LRB103 25137 RJT 70254 a

1    (f) Written prior notice to fully inform the parents or
2guardians, in their native language or mode of communication
3used by the parent, unless clearly not feasible to do so, in a
4comprehensible manner, of these procedural safeguards.
5    (g) During the pendency of any State complaint procedure,
6due process hearing, or mediation involving a complaint,
7unless the State agency and the parents or guardian otherwise
8agree, the child shall continue to receive the appropriate
9early intervention services currently being provided, or in
10the case of an application for initial services, the child
11shall receive the services not in dispute.
 
12    Section 10-75. Funding and fiscal responsibility.
13    (a) The lead agency and every other participating State
14agency may receive and expend funds appropriated by the
15General Assembly to implement the early intervention services
16system as required by this Act.
17    (b) The lead agency and each participating State agency
18shall identify and report on an annual basis to the Council the
19State agency funds used for the provision of early
20intervention services to eligible infants and toddlers.
21    (c) Funds provided under Section 633 of the Individuals
22with Disabilities Education Act (20 United States Code 1433)
23and State funds designated or appropriated for early
24intervention services or programs may not be used to satisfy a
25financial commitment for services which would have been paid

 

 

10300SB0001sam001- 40 -LRB103 25137 RJT 70254 a

1for from another public or private source but for the
2enactment of this Act, except whenever considered necessary to
3prevent delay in receiving appropriate early intervention
4services by the eligible infant or toddler or family in a
5timely manner. "Public or private source" includes public and
6private insurance coverage.
7    Funds provided under Section 633 of the Individuals with
8Disabilities Education Act and State funds designated or
9appropriated for early intervention services or programs may
10be used by the lead agency to pay the provider of services (A)
11pending reimbursement from the appropriate State agency or (B)
12if (i) the claim for payment is denied in whole or in part by a
13public or private source, or would be denied under the written
14terms of the public program or plan or private plan, or (ii)
15use of private insurance for the service has been exempted
16under Section 10-100. Payment under item (B)(i) may be made
17based on a pre-determination telephone inquiry supported by
18written documentation of the denial supplied thereafter by the
19insurance carrier.
20    (d) Nothing in this Act shall be construed to permit the
21State to reduce medical or other assistance available or to
22alter eligibility under Title V and Title XIX of the Social
23Security Act relating to the Maternal Child Health Program and
24Medicaid for eligible infants and toddlers in this State.
25    (e) The lead agency shall create a central billing office
26to receive and dispense all relevant State and federal

 

 

10300SB0001sam001- 41 -LRB103 25137 RJT 70254 a

1resources, as well as local government or independent
2resources available, for early intervention services. This
3office shall assure that maximum federal resources are
4utilized and that providers receive funds with minimal
5duplications or interagency reporting and with consolidated
6audit procedures.
7    (f) The lead agency shall, by rule, create a system of
8payments by families, including a schedule of fees. No fees,
9however, may be charged for implementing child find,
10evaluation and assessment, service coordination,
11administrative and coordination activities related to the
12development, review, and evaluation of Individualized Family
13Service Plans, or the implementation of procedural safeguards
14and other administrative components of the statewide early
15intervention system.
16    The system of payments, called family fees, shall be
17structured on a sliding scale based on the family's ability to
18pay. The family's coverage or lack of coverage under a public
19or private insurance plan or policy shall not be a factor in
20determining the amount of the family fees.
21    Each family's fee obligation shall be established
22annually, and shall be paid by families to the central billing
23office in installments. At the written request of the family,
24the fee obligation shall be adjusted prospectively at any
25point during the year upon proof of a change in family income
26or family size. The inability of the parents of an eligible

 

 

10300SB0001sam001- 42 -LRB103 25137 RJT 70254 a

1child to pay family fees due to catastrophic circumstances or
2extraordinary expenses shall not result in the denial of
3services to the child or the child's family. A family must
4document its extraordinary expenses or other catastrophic
5circumstances by showing one of the following: (i)
6out-of-pocket medical expenses in excess of 15% of gross
7income; (ii) a fire, flood, or other disaster causing a direct
8out-of-pocket loss in excess of 15% of gross income; or (iii)
9other catastrophic circumstances causing out-of-pocket losses
10in excess of 15% of gross income. The family must present proof
11of loss to its service coordinator, who shall document it, and
12the lead agency shall determine whether the fees shall be
13reduced, forgiven, or suspended within 10 business days after
14the family's request.
15    (g) To ensure that early intervention funds are used as
16the payor of last resort for early intervention services, the
17lead agency shall determine at the point of early intervention
18intake, and again at any periodic review of eligibility
19thereafter or upon a change in family circumstances, whether
20the family is eligible for or enrolled in any program for which
21payment is made directly or through public or private
22insurance for any or all of the early intervention services
23made available under this Act. The lead agency shall establish
24procedures to ensure that payments are made either directly
25from these public and private sources instead of from State or
26federal early intervention funds, or as reimbursement for

 

 

10300SB0001sam001- 43 -LRB103 25137 RJT 70254 a

1payments previously made from State or federal early
2intervention funds.
 
3    Section 10-80. Other programs.
4    (a) When an application or a review of eligibility for
5early intervention services is made, and at any eligibility
6redetermination thereafter, the family shall be asked if it is
7currently enrolled in any federally funded, Department of
8Healthcare and Family Services administered, medical programs,
9or the Title V program administered by the University of
10Illinois Division of Specialized Care for Children. If the
11family is enrolled in any of these programs, that information
12shall be put on the individualized family service plan and
13entered into the computerized case management system, and
14shall require that the individualized family services plan of
15a child who has been found eligible for services through the
16Division of Specialized Care for Children state that the child
17is enrolled in that program. For those programs in which the
18family is not enrolled, a preliminary eligibility screen shall
19be conducted simultaneously for (i) medical assistance
20(Medicaid) under Article V of the Illinois Public Aid Code,
21(ii) children's health insurance program (any federally
22funded, Department of Healthcare and Family Services
23administered, medical programs) benefits under the Children's
24Health Insurance Program Act, and (iii) Title V maternal and
25child health services provided through the Division of

 

 

10300SB0001sam001- 44 -LRB103 25137 RJT 70254 a

1Specialized Care for Children of the University of Illinois.
2    (b) For purposes of determining family fees under
3subsection (f) of Section 10-75 and determining eligibility
4for the other programs and services specified in items (i)
5through (iii) of subsection (a), the lead agency shall develop
6and use, with the cooperation of the Department of Healthcare
7and Family Services and the Division of Specialized Care for
8Children of the University of Illinois, a screening device
9that provides sufficient information for the early
10intervention regional intake entities or other agencies to
11establish eligibility for those other programs and shall, in
12cooperation with the Illinois Department of Healthcare and
13Family Services and the Division of Specialized Care for
14Children, train the regional intake entities on using the
15screening device.
16    (c) When a child is determined eligible for and enrolled
17in the early intervention program and has been found to at
18least meet the threshold income eligibility requirements for
19any federally funded, Department of Healthcare and Family
20Services administered, medical programs, the regional intake
21entity shall complete an application for any federally funded,
22Department of Healthcare and Family Services administered,
23medical programs with the family and forward it to the
24Department of Healthcare and Family Services for a
25determination of eligibility. A parent shall not be required
26to enroll in any federally funded, Department of Healthcare

 

 

10300SB0001sam001- 45 -LRB103 25137 RJT 70254 a

1and Family Services administered, medical programs as a
2condition of receiving services provided pursuant to Part C of
3the Individuals with Disabilities Education Act.
4    (d) With the cooperation of the Department of Healthcare
5and Family Services, the lead agency shall establish
6procedures that ensure the timely and maximum allowable
7recovery of payments for all early intervention services and
8allowable administrative costs under Article V of the Illinois
9Public Aid Code and the Children's Health Insurance Program
10Act and shall include those procedures in the interagency
11agreement required under subsection (e) of Section 10-35 of
12Article 10 of this Act.
13    (e) For purposes of making referrals for final
14determinations of eligibility for any federally funded,
15Department of Healthcare and Family Services administered,
16medical programs benefits under the Children's Health
17Insurance Program Act and for medical assistance under Article
18V of the Illinois Public Aid Code, the lead agency shall
19require each early intervention regional intake entity to
20enroll as an application agent in order for the entity to
21complete any federally funded, Department of Healthcare and
22Family Services administered, medical programs application as
23authorized under Section 22 of the Children's Health Insurance
24Program Act.
25    (f) For purposes of early intervention services that may
26be provided by the Division of Specialized Care for Children

 

 

10300SB0001sam001- 46 -LRB103 25137 RJT 70254 a

1of the University of Illinois (DSCC), the lead agency shall
2establish procedures whereby the early intervention regional
3intake entities may determine whether children enrolled in the
4early intervention program may also be eligible for those
5services, and shall develop, (i) the interagency agreement
6required under subsection (e) of Section 10-35 of this Act,
7establishing that early intervention funds are to be used as
8the payor of last resort when services required under an
9individualized family services plan may be provided to an
10eligible child through the DSCC, and (ii) training guidelines
11for the regional intake entities and providers that explain
12eligibility and billing procedures for services through DSCC.
13    (g) The lead agency shall require that an individual
14applying for or renewing enrollment as a provider of services
15in the early intervention program state whether or not he or
16she is also enrolled as a DSCC provider. This information
17shall be noted next to the name of the provider on the
18computerized roster of Illinois early intervention providers,
19and regional intake entities shall make every effort to refer
20families eligible for DSCC services to these providers.
 
21    Section 10-85. Private health insurance; assignment. The
22lead agency shall determine, at the point of new applications
23for early intervention services, and for all children enrolled
24in the early intervention program, at the regional intake
25offices, whether the child is insured under a private health

 

 

10300SB0001sam001- 47 -LRB103 25137 RJT 70254 a

1insurance plan or policy.
 
2    Section 10-90. Billing of insurance carrier.
3    (a) Subject to the restrictions against private insurance
4use on the basis of material risk of loss of coverage, as
5determined under Section 10-100, each enrolled provider who is
6providing a family with early intervention services shall bill
7the child's insurance carrier for each unit of early
8intervention service for which coverage may be available. The
9lead agency may exempt from the requirement of this paragraph
10any early intervention service that it has deemed not to be
11covered by insurance plans. When the service is not exempted,
12providers who receive a denial of payment on the basis that the
13service is not covered under any circumstance under the plan
14are not required to bill that carrier for that service again
15until the following insurance benefit year. That explanation
16of benefits denying the claim, once submitted to the central
17billing office, shall be sufficient to meet the requirements
18of this paragraph as to subsequent services billed under the
19same billing code provided to that child during that insurance
20benefit year. Any time limit on a provider's filing of a claim
21for payment with the central billing office that is imposed
22through a policy, procedure, or rule of the lead agency shall
23be suspended until the provider receives an explanation of
24benefits or other final determination of the claim it files
25with the child's insurance carrier.

 

 

10300SB0001sam001- 48 -LRB103 25137 RJT 70254 a

1    (b) In all instances when an insurance carrier has been
2billed for early intervention services, whether paid in full,
3paid in part, or denied by the carrier, the provider must
4provide the central billing office, within 90 days after
5receipt, with a copy of the explanation of benefits form and
6other information in the manner prescribed by the lead agency.
7    (c) When the insurance carrier has denied the claim or
8paid an amount for the early intervention service billed that
9is less than the current State rate for early intervention
10services, the provider shall submit the explanation of
11benefits with a claim for payment, and the lead agency shall
12pay the provider the difference between the sum actually paid
13by the insurance carrier for each unit of service provided
14under the individualized family service plan and the current
15State rate for early intervention services. The State shall
16also pay the family's co-payment or co-insurance under its
17plan, but only to the extent that those payments plus the
18balance of the claim do not exceed the current State rate for
19early intervention services. The provider may under no
20circumstances bill the family for the difference between its
21charge for services and that which has been paid by the
22insurance carrier or by the State.
 
23    Section 10-95. Families with insurance coverage.
24    (a) Families of children with insurance coverage, whether
25public or private, shall incur no greater or less direct

 

 

10300SB0001sam001- 49 -LRB103 25137 RJT 70254 a

1out-of-pocket expenses for early intervention services than
2families who are not insured.
3    (b) Managed care plans.
4        (1) Use of managed care network providers. When a
5    family's insurance coverage is through a managed care
6    arrangement with a network of providers that includes one
7    or more types of early intervention specialists who
8    provide the services set forth in the family's
9    individualized family service plan, the regional intake
10    entity shall require the family to use those network
11    providers, but only to the extent that:
12            (A) the network provider is immediately available
13        to receive the referral and to begin providing
14        services to the child;
15            (B) the network provider is enrolled as a provider
16        in the Illinois early intervention system and fully
17        credentialed under the current policy or rule of the
18        lead agency;
19            (C) the network provider can provide the services
20        to the child in the manner required in the
21        individualized service plan;
22            (D) the family would not have to travel more than
23        an additional 15 miles or an additional 30 minutes to
24        the network provider than it would have to travel to a
25        non-network provider who is available to provide the
26        same service; and

 

 

10300SB0001sam001- 50 -LRB103 25137 RJT 70254 a

1            (E) the family's managed care plan does not allow
2        for billing (even at a reduced rate or reduced
3        percentage of the claim) for early intervention
4        services provided by non-network providers.
5        (2) Transfers from non-network to network providers.
6    If a child has been receiving services from a non-network
7    provider and the regional intake entity determines, at the
8    time of enrollment in the early intervention program or at
9    any point thereafter, that the family is enrolled in a
10    managed care plan, the regional intake entity shall
11    require the family to transfer to a network provider
12    within 45 days after that determination, but within no
13    more than 60 days after the effective date of this Act, if:
14            (A) all the requirements of subdivision (b)(1) of
15        this Section have been met; and
16            (B) the child is less than 26 months of age.
17        (3) Waivers. The lead agency may fully or partially
18    waive the network enrollment requirements of subdivision
19    (b)(1) of this Section and the transfer requirements of
20    subdivision (b)(2) of this Section as to a particular
21    region, or narrower geographic area, if it finds that the
22    managed care plans in that area are not allowing further
23    enrollment of early intervention providers and it finds
24    that referrals or transfers to network providers could
25    cause an overall shortage of early intervention providers
26    in that region of the State or could cause delays in

 

 

10300SB0001sam001- 51 -LRB103 25137 RJT 70254 a

1    families securing the early intervention services set
2    forth in individualized family services plans.
3        (4) The lead agency, in conjunction with any entities
4    with which it may have contracted for the training and
5    credentialing of providers, the local interagency council
6    for early intervention, the regional intake entity, and
7    the enrolled providers in each region who wish to
8    participate, shall cooperate in developing a matrix and
9    action plan that (A) identifies both (i) which early
10    intervention providers and which fully credentialed early
11    intervention providers are members of the managed care
12    plans that are used in the region by families with
13    children in the early intervention program, and (ii) which
14    early intervention services, with what restrictions, if
15    any, are covered under those plans, (B) identifies which
16    credentialed specialists are members of which managed care
17    plans in the region, and (C) identifies the various
18    managed care plans to early intervention providers,
19    encourages their enrollment in the area plans, and
20    provides them with information on how to enroll. These
21    matrices shall be complete no later than 7 months after
22    the effective date of this Act, and shall be provided to
23    the Early Intervention Legislative Advisory Committee at
24    that time. The lead agency shall work with networks that
25    may have closed enrollment to additional providers to
26    encourage their admission of early intervention providers,

 

 

10300SB0001sam001- 52 -LRB103 25137 RJT 70254 a

1    and shall report to the Early Intervention Legislative
2    Advisory Committee on the initial results of these efforts
3    no later than February 1, 2002.
 
4    Section 10-100. Private insurance; exemption.
5    (a) The lead agency shall establish procedures for a
6family whose child is eligible to receive early intervention
7services to apply for an exemption restricting the use of its
8private insurance plan or policy based on material risk of
9loss of coverage as authorized under subsection (c) of this
10Section.
11    (b) The lead agency shall make a final determination on a
12request for an exemption within 10 business days after its
13receipt of a written request for an exemption at the regional
14intake entity. During those 10 days, no claims may be filed
15against the insurance plan or policy. If the exemption is
16granted, it shall be noted on the individualized family
17service plan, and the family and the providers serving the
18family shall be notified in writing of the exemption.
19    (c) An exemption may be granted on the basis of material
20risk of loss of coverage only if the family submits
21documentation with its request for an exemption that
22establishes (i) that the insurance plan or policy covering the
23child is an individually purchased plan or policy and has been
24purchased by a head of a household that is not eligible for a
25group medical insurance plan, (ii) that the policy or plan has

 

 

10300SB0001sam001- 53 -LRB103 25137 RJT 70254 a

1a lifetime cap that applies to one or more specific types of
2early intervention services specified in the family's
3individualized family service plan, and that coverage could be
4exhausted during the period covered by the individualized
5family service plan, or (iii) proof of another risk that the
6lead agency, in its discretion, may have additionally
7established and defined as a ground for exemption by rule.
8    (d) An exemption under this Section based on material risk
9of loss of coverage may apply to all early intervention
10services and all plans or policies insuring the child, may be
11limited to one or more plans or policies, or may be limited to
12one or more types of early intervention services in the
13child's individualized family services plan.
 
14    Section 10-105. System of personnel development. The lead
15agency shall provide training to early intervention providers
16and may enter into contracts to meet this requirement in
17accordance with Section 1-30(c) of this Act. This training
18shall include, at minimum, the following types of instruction:
19    (a) Courses in birth-to-3 evaluation and treatment of
20children with developmental disabilities and delays (1) that
21are taught by fully credentialed early intervention providers
22or educators with substantial experience in evaluation and
23treatment of children from birth to age 3 with developmental
24disabilities and delays, (2) that cover these topics within
25each of the disciplines of audiology, occupational therapy,

 

 

10300SB0001sam001- 54 -LRB103 25137 RJT 70254 a

1physical therapy, speech and language pathology, and
2developmental therapy, including the social-emotional domain
3of development, (3) that are held no less than twice per year,
4(4) that offer no fewer than 20 contact hours per year of
5course work, (5) that are held in no fewer than 5 separate
6locales throughout the State, and (6) that give enrollment
7priority to early intervention providers who do not meet the
8experience, education, or continuing education requirements
9necessary to be fully credentialed early intervention
10providers; and
11    (b) Courses held no less than twice per year for no fewer
12than 4 hours each in no fewer than 5 separate locales
13throughout the State each on the following topics:
14        (1) Practice and procedures of private insurance
15    billing.
16        (2) The role of the regional intake entities; service
17    coordination; program eligibility determinations; family
18    fees; any federally funded, Department of Healthcare and
19    Family Services administered, medical programs, and
20    Division of Specialized Care applications, referrals, and
21    coordination with Early Intervention; and procedural
22    safeguards.
23        (3) Introduction to the early intervention program,
24    including provider enrollment and credentialing, overview
25    of Early Intervention program policies and rules, and
26    billing requirements.

 

 

10300SB0001sam001- 55 -LRB103 25137 RJT 70254 a

1        (4) Evaluation and assessment of birth-to-3 children;
2    individualized family service plan development,
3    monitoring, and review; best practices; service
4    guidelines; and quality assurance.
 
5    Section 10-110. Contracting. In accordance with Section
61-30(c) of this Act, the lead agency may enter into contracts
7for some or all of its responsibilities under this Act,
8including, but not limited to: credentialing and enrolling
9providers; training under Section 10-105; maintaining a
10central billing office; data collection and analysis;
11establishing and maintaining a computerized case management
12system accessible to local referral offices and providers;
13creating and maintaining a system for provider credentialing
14and enrollment; creating and maintaining the central directory
15required under subsection (g) of Section 10-45 of this Act;
16and program operations. Contracts with or grants to regional
17intake entities must be made subject to public bid under a
18request for proposals process no later than July 1, 2005.
 
19    Section 10-120. Early Intervention Services Revolving
20Fund. The Early Intervention Services Revolving Fund, created
21by Public Act 89-106, shall be held by the lead agency.
22    The Early Intervention Services Revolving Fund shall be
23used to the extent determined necessary by the lead agency to
24pay for early intervention services.

 

 

10300SB0001sam001- 56 -LRB103 25137 RJT 70254 a

1    Local Accounts for such purposes may be established by the
2lead agency.
3    Expenditures from the Early Intervention Services
4Revolving Fund shall be made in accordance with applicable
5program provisions and shall be limited to those purposes and
6amounts specified under applicable program guidelines. Funding
7of the Fund shall be from family fees, insurance company
8payments, federal financial participation received as
9reimbursement for expenditures from the Fund, and
10appropriations made to the State agencies involved in the
11payment for early intervention services under this Act.
12    Disbursements from the Early Intervention Services
13Revolving Fund shall be made as determined by the lead agency
14or its designee. Funds in the Early Intervention Services
15Revolving Fund or the local accounts created under this
16Section that are not immediately required for expenditure may
17be invested in certificates of deposit or other interest
18bearing accounts. Any interest earned shall be deposited in
19the Early Intervention Services Revolving Fund.
 
20
ARTICLE 15. POWERS AND DUTIES RELATING TO HOME-VISITING AND
21
PRESCHOOL SERVICES

 
22    Section 15-5. Transition of administrative
23responsibilities related to home-visiting services Beginning
24July 1, 2024, the Department of Early Childhood and the

 

 

10300SB0001sam001- 57 -LRB103 25137 RJT 70254 a

1Department of Human Services shall collaborate and plan for
2the transition of administrative responsibilities related to
3home-visiting services as prescribed in Section 10-16 of the
4Department of Human Services Act.
 
5    Section 15-10. Home visiting program.
6    (a) The General Assembly finds that research-informed home
7visiting programs work to strengthen families' functioning and
8support parents in caring for their children to ensure optimal
9child development.
10    (b) Through June 30, 2026, the Department of Human
11Services shall administer a home visiting program to support
12communities in providing intensive home visiting programs to
13pregnant persons and families with children from birth up to
14elementary school enrollment. Services shall be offered on a
15voluntary basis to families. In awarding grants under the
16program, the Department of Human Services shall prioritize
17populations or communities in need of such services, as
18determined by the Department of Human Services, based on data
19including, but not limited to, statewide home visiting needs
20assessments. Eligibility under the program shall also take
21into consideration requirements of the federal Maternal,
22Infant, and Early Childhood Home Visiting Program and Head
23Start and Early Head Start to ensure appropriate alignment.
24The overall goals for these services are to:
25        (1) improve maternal and newborn health;

 

 

10300SB0001sam001- 58 -LRB103 25137 RJT 70254 a

1        (2) prevent child abuse and neglect;
2        (3) promote children's development and readiness to
3    participate in school; and
4        (4) connect families to needed community resources
5        and supports.
6    (b-5) On and after July 1, 2026, the Department of Early
7Childhood shall establish and administer a home visiting
8program to support communities in providing intensive home
9visiting programs to pregnant persons and families with
10children from birth up to elementary school enrollment.
11    (c) Allowable uses of funding include:
12        (1) Grants to community-based organizations to
13    implement home visiting and family support services with
14    fidelity to research-informed home visiting program
15    models, as defined by the Department. Services may
16    include, but are not limited to:
17            (A) personal visits with a child and the child's
18        parent or caregiver at a periodicity aligned with the
19        model being implemented;
20            (B) opportunities for connections with other
21        parents and caregivers in their community and other
22        social and community supports;
23            (C) enhancements to research-informed home
24        visiting program models based on community needs
25        including doula services, and other program
26        innovations as approved by the Department; and

 

 

10300SB0001sam001- 59 -LRB103 25137 RJT 70254 a

1            (D) referrals to other resources needed by
2        families.
3        (2) Infrastructure supports for grantees, including,
4    but not limited to, professional development for the
5    workforce, technical assistance and capacity-building,
6    data system and supports, infant and early childhood
7    mental health consultation, trauma-informed practices,
8    research, universal newborn screening, and coordinated
9    intake.
10    (d) Subject to appropriation, the Department administering
11home-visiting programs subject to Section 15-10 (b) and
12Section 15-10(b-5) shall award grants to community-based
13agencies in accordance with this Section and any other rules
14that may be adopted by the Department. Successful grantees
15under this program shall comply with policies and procedures
16on program, data, and expense reporting as developed by the
17Department.
18    (e) Funds received under this Section shall supplement,
19not supplant, other existing or new federal, State, or local
20sources of funding for these services. Any new federal funding
21received shall supplement and not supplant funding for this
22program.
23    (f) The Department administering home-visiting programs
24subject to Section 15-10 (b) and Section 15-10(b-5) shall
25collaborate with relevant agencies to support the coordination
26and alignment of home visiting services provided through other

 

 

10300SB0001sam001- 60 -LRB103 25137 RJT 70254 a

1State and federal funds, to the extent possible. The
2Department administering home-visiting programs subject to
3Section 15-10 (b) and Section 15-10(b-5) shall collaborate
4with the State Board of Education, the Department of
5Healthcare and Family Services, and Head Start and Early Head
6Start in the implementation of these services to support
7alignment with home visiting services provided through the
8Early Childhood Block Grant and the State's Medical Assistance
9Program, respectively, to the extent possible.
10    (g) An advisory committee shall advise the Department
11administering home-visiting programs subject to Section
1215-10(b) and Section 15-10(b-5) concerning the implementation
13of the home visiting program. The advisory committee shall
14make recommendations on policy and implementation. The
15Department shall determine whether the advisory committee
16shall be a newly created body or an existing body such as a
17committee of the Illinois Early Learning Council. The advisory
18committee shall consist of one or more representatives of the
19Department, other members representing public and private
20entities that serve and interact with the families served
21under the home visiting program, with the input of families
22engaged in home visiting or related services themselves.
23Family input may be secured by engaging families as members of
24this advisory committee or as a separate committee of family
25representatives.
26    (h) The Department of Early Childhood may adopt any rules

 

 

10300SB0001sam001- 61 -LRB103 25137 RJT 70254 a

1necessary to implement this Section.
 
2    Section 15-15. Collaboration; planning. Beginning July 1,
32024, the Department of Early Childhood shall collaborate with
4the Illinois State Board of Education on administration of the
5early childhood home-visiting and preschool programs
6established in Sections 1C-2, 2-3.71, and 2-3.71a in the
7School Code. The Department of Early Childhood and the
8Illinois State Board of Education shall plan for the transfer
9of administrative responsibilities that will occur on and
10after July 1, 2026.
 
11    Section 15-20. Programs concerning services to at-risk
12children and their families.
13    (a) On and after July 1, 2026, the Department of Early
14Childhood may provide grants to eligible entities, as defined
15by the Department, to establish programs which offer
16coordinated services to at-risk infants and toddlers and their
17families. Each program shall include a parent education
18program relating to the development and nurturing of infants
19and toddlers and case management services to coordinate
20existing services available in the region served by the
21program. These services shall be provided through the
22implementation of an individual family service plan. Each
23program will have a community involvement component to provide
24coordination in the service system.

 

 

10300SB0001sam001- 62 -LRB103 25137 RJT 70254 a

1    (b) The Department shall administer the programs through
2the grants to public school districts and other eligible
3entities. These grants must be used to supplement, not
4supplant, funds received from any other source. School
5districts and other eligible entities receiving grants
6pursuant to this Section shall conduct voluntary, intensive,
7research-based, and comprehensive prevention services, as
8defined by the Department, for expecting parents and families
9with children from birth to age 3 who are at-risk of academic
10failure. A public school district that receives a grant under
11this Section may subcontract with other eligible entities.
12    (c) The Department shall report to the General Assembly by
13July 1, 2028 and every 2 years thereafter, using the most
14current data available, on the status of programs funded under
15this Section, including without limitation characteristics of
16participants, services delivered, program models used, unmet
17needs, and results of the programs funded.
 
18    Section 15-25. Block grants.
19    (a) Through June 30, 2026, the State Board of Education
20shall award block grants to school districts and other
21entities pursuant to Section 1C-1 of the School Code.
22    (b) On and after July 1, 2026, the Department of Early
23Childhood shall award to school districts and other entities
24block grants as described in subsection (c). The Department of
25Early Childhood may adopt rules necessary to implement this

 

 

10300SB0001sam001- 63 -LRB103 25137 RJT 70254 a

1Section. Block grants are subject to audit. Therefore, block
2grant receipts and block grant expenditures shall be recorded
3to the appropriate fund code.
4    (c) An Early Childhood Education Block Grant shall be
5created by combining the following programs: Preschool
6Education, Parental Training and Prevention Initiative. These
7funds shall be distributed to school districts and other
8entities on a competitive basis, except that the Department of
9Early Childhood shall award to a school district having a
10population exceeding 500,000 inhabitants 37% of the funds in
11each fiscal year. Not less than 14% of the Early Childhood
12Education Block Grant allocation of funds shall be used to
13fund programs for children ages 0-3. Beginning in Fiscal Year
142016, at least 25% of any additional Early Childhood Education
15Block Grant funding over and above the previous fiscal year's
16allocation shall be used to fund programs for children ages
170-3. Once the percentage of Early Childhood Education Block
18Grant funding allocated to programs for children ages 0-3
19reaches 20% of the overall Early Childhood Education Block
20Grant allocation for a full fiscal year, thereafter in
21subsequent fiscal years the percentage of Early Childhood
22Education Block Grant funding allocated to programs for
23children ages 0-3 each fiscal year shall remain at least 20% of
24the overall Early Childhood Education Block Grant allocation.
25However, if, in a given fiscal year, the amount appropriated
26for the Early Childhood Education Block Grant is insufficient

 

 

10300SB0001sam001- 64 -LRB103 25137 RJT 70254 a

1to increase the percentage of the grant to fund programs for
2children ages 0-3 without reducing the amount of the grant for
3existing providers of preschool education programs, then the
4percentage of the grant to fund programs for children ages 0-3
5may be held steady instead of increased.
6    (d) A school district in a city having a population
7exceeding 500,000 is not required to file any application or
8other claim in order to receive the block grant to which it is
9entitled under this Section. The Department of Early Childhood
10shall make payments to the district of amounts due under the
11district's block grant on a schedule determined by the
12Department. A school district to which this Section applies
13shall report to the Department of Early Childhood on its use of
14the block grant in such form and detail as the Department may
15specify. In addition, the report must include the following
16description for the district, which must also be reported to
17the General Assembly: block grant allocation and expenditures
18by program; population and service levels by program; and
19administrative expenditures by program. The Department shall
20ensure that the reporting requirements for the district are
21the same as for all other school districts in this State.
22Beginning in Fiscal Year 2018, at least 25% of any additional
23Preschool Education, Parental Training, and Prevention
24Initiative program funding over and above the previous fiscal
25year's allocation shall be used to fund programs for children
26ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool

 

 

10300SB0001sam001- 65 -LRB103 25137 RJT 70254 a

1Education, Parental Training, and Prevention Initiative
2programs above the allocation for these programs in Fiscal
3Year 2017 must be used solely as a supplement for these
4programs and may not supplant funds received from other
5sources.
6    (e) Reports. School districts and other entities that
7receive an Early Childhood Education Block Grant shall report
8to the Department of Early Childhood on its use of the block
9grant in such form and detail as the Department may specify. In
10addition, the report must include the following description
11for the district and other entities that receive an Early
12Childhood Block Grant, which must also be reported to the
13General Assembly: block grant allocation and expenditures by
14program; population and service levels by program; and
15administrative expenditures by program.
 
16    Section 15-30. Grants for preschool educational programs.
17    (a) Preschool program.
18        (1) Through June 30, 2026, The State Board of
19    Education shall implement and administer a grant program
20    to conduct voluntary preschool educational programs for
21    children ages 3 to 5, which include a parent education
22    component, pursuant to Section 2-3.71 of the School Code.
23        (2) On and after July 1, 2026, the Department of Early
24    Childhood shall implement and administer a grant program
25    for school districts and other eligible entities, as

 

 

10300SB0001sam001- 66 -LRB103 25137 RJT 70254 a

1    defined by the Department, to conduct voluntary preschool
2    educational programs for children ages 3 to 5 which
3    include a parent education component. A public school
4    district which receives grants under this subsection may
5    subcontract with other entities that are eligible to
6    conduct a preschool educational program. These grants must
7    be used to supplement, not supplant, funds received from
8    any other source.
9        (3) Except as otherwise provided under this subsection
10    (a), any teacher of preschool children in the program
11    authorized by this subsection shall hold a Professional
12    Educator License with an early childhood education
13    endorsement.
14        (3.5) Beginning with the 2018-2019 school year and
15    until the 2028-2029 school year, an individual may teach
16    preschool children in an early childhood program under
17    this Section if he or she holds a Professional Educator
18    License with an early childhood education endorsement or
19    with short-term approval for early childhood education or
20    he or she pursues a Professional Educator License and
21    holds any of the following:
22            (A) An ECE Credential Level of 5 awarded by the
23        Department of Human Services under the Gateways to
24        Opportunity Program developed under Section 10-70 of
25        the Department of Human Services Act.
26            (B) An Educator License with Stipulations with a

 

 

10300SB0001sam001- 67 -LRB103 25137 RJT 70254 a

1        transitional bilingual educator endorsement and he or
2        she has (i) passed an early childhood education
3        content test or (ii) completed no less than 9 semester
4        hours of postsecondary coursework in the area of early
5        childhood education.
6        (4) Through June 30, 2026, the State Board of
7    Education shall provide the primary source of funding
8    through appropriations for the program. On and after July
9    1, 2026, the Department of Early Childhood shall provide
10    the primary source of funding through appropriations for
11    the program. Such funds shall be distributed to achieve a
12    goal of "Preschool for All Children" for the benefit of
13    all children whose families choose to participate in the
14    program. Based on available appropriations, newly funded
15    programs shall be selected through a process giving first
16    priority to qualified programs serving primarily at-risk
17    children and second priority to qualified programs serving
18    primarily children with a family income of less than 4
19    times the poverty guidelines updated periodically in the
20    Federal Register by the U.S. Department of Health and
21    Human Services under the authority of 42 U.S.C. 9902(2).
22    For purposes of this paragraph (4), at-risk children are
23    those who because of their home and community environment
24    are subject to such language, cultural, economic and like
25    disadvantages to cause them to have been determined as a
26    result of screening procedures to be at risk of academic

 

 

10300SB0001sam001- 68 -LRB103 25137 RJT 70254 a

1    failure. Through June 30, 2026, such screening procedures
2    shall be based on criteria established by the State Board
3    of Education. On and after July 1, 2026, such screening
4    procedures shall be based on criteria established by the
5    Department of Early Childhood. Except as otherwise
6    provided in this paragraph (4), grantees under the program
7    must enter into a memorandum of understanding with the
8    appropriate local Head Start agency. This memorandum must
9    be entered into no later than 3 months after the award of a
10    grantee's grant under the program and must address
11    collaboration between the grantee's program and the local
12    Head Start agency on certain issues, which shall include
13    without limitation the following:
14            (A) educational activities, curricular objectives,
15        and instruction;
16            (B) public information dissemination and access to
17        programs for families contacting programs;
18            (C) service areas;
19            (D) selection priorities for eligible children to
20        be served by programs;
21            (E) maximizing the impact of federal and State
22        funding to benefit young children;
23            (F) staff training, including opportunities for
24        joint staff training;
25            (G) technical assistance;
26            (H) communication and parent outreach for smooth

 

 

10300SB0001sam001- 69 -LRB103 25137 RJT 70254 a

1        transitions to kindergarten;
2            (I) provision and use of facilities,
3        transportation, and other program elements;
4            (J) facilitating each program's fulfillment of its
5        statutory and regulatory requirements;
6            (K) improving local planning and collaboration;
7        and
8            (L) providing comprehensive services for the
9        neediest Illinois children and families. Through June
10        30, 2026, if the appropriate local Head Start agency
11        is unable or unwilling to enter into a memorandum of
12        understanding as required under this paragraph (4),
13        the memorandum of understanding requirement shall not
14        apply and the grantee under the program must notify
15        the State Board of Education in writing of the Head
16        Start agency's inability or unwillingness. Through
17        June 30, 2026, the State Board of Education shall
18        compile all such written notices and make them
19        available to the public. On and after July 1, 2026, if
20        the appropriate local Head Start agency is unable or
21        unwilling to enter into a memorandum of understanding
22        as required under this paragraph (4), the memorandum
23        of understanding requirement shall not apply and the
24        grantee under the program must notify the Department
25        of Early Childhood in writing of the Head Start
26        agency's inability or unwillingness. The Department of

 

 

10300SB0001sam001- 70 -LRB103 25137 RJT 70254 a

1        Early Childhood shall compile all such written notices
2        and make them available to the public.
3        (5) Through June 30, 2026, the State Board of
4    Education shall develop and provide evaluation tools,
5    including tests, that school districts and other eligible
6    entities may use to evaluate children for school readiness
7    prior to age 5. The State Board of Education shall require
8    school districts and other eligible entities to obtain
9    consent from the parents or guardians of children before
10    any evaluations are conducted. The State Board of
11    Education shall encourage local school districts and other
12    eligible entities to evaluate the population of preschool
13    children in their communities and provide preschool
14    programs, pursuant to this subsection, where appropriate.
15        (5.1) On and after July 1, 2026, the Department of
16    Early Childhood shall develop and provide evaluation
17    tools, including tests, that school districts and other
18    eligible entities may use to evaluate children for school
19    readiness prior to age 5. The Department of Early
20    Childhood shall require school districts and other
21    eligible entities to obtain consent from the parents or
22    guardians of children before any evaluations are
23    conducted. The Department of Early Childhood shall
24    encourage local school districts and other eligible
25    entities to evaluate the population of preschool children
26    in their communities and provide preschool programs,

 

 

10300SB0001sam001- 71 -LRB103 25137 RJT 70254 a

1    pursuant to this subsection, where appropriate.
2        (6) Through June 30, 2026, the State Board of
3    Education shall report to the General Assembly by November
4    1, 2018 and every 2 years thereafter on the results and
5    progress of students who were enrolled in preschool
6    educational programs, including an assessment of which
7    programs have been most successful in promoting academic
8    excellence and alleviating academic failure. Through June
9    30, 2026, the State Board of Education shall assess the
10    academic progress of all students who have been enrolled
11    in preschool educational programs. Through Fiscal Year
12    2026, on or before November 1 of each fiscal year in which
13    the General Assembly provides funding for new programs
14    under paragraph (4) of this Section, the State Board of
15    Education shall report to the General Assembly on what
16    percentage of new funding was provided to programs serving
17    primarily at-risk children, what percentage of new funding
18    was provided to programs serving primarily children with a
19    family income of less than 4 times the federal poverty
20    level, and what percentage of new funding was provided to
21    other programs.
22        (6.1) On and after July 1, 2026, the Department of
23    Early Childhood shall report to the General Assembly by
24    November 1, 2026 and every 2 years thereafter on the
25    results and progress of students who were enrolled in
26    preschool educational programs, including an assessment of

 

 

10300SB0001sam001- 72 -LRB103 25137 RJT 70254 a

1    which programs have been most successful in promoting
2    academic excellence and alleviating academic failure. On
3    and after July 1, 2026, the Department of Early Childhood
4    shall assess the academic progress of all students who
5    have been enrolled in preschool educational programs.
6    Beginning in Fiscal Year 2027, on or before November 1 of
7    each fiscal year in which the General Assembly provides
8    funding for new programs under paragraph (4) of this
9    Section, the Department of Early Childhood shall report to
10    the General Assembly on what percentage of new funding was
11    provided to programs serving primarily at-risk children,
12    what percentage of new funding was provided to programs
13    serving primarily children with a family income of less
14    than 4 times the federal poverty level, and what
15    percentage of new funding was provided to other programs.
16        (7) Due to evidence that expulsion practices in the
17    preschool years are linked to poor child outcomes and are
18    employed inconsistently across racial and gender groups,
19    early childhood programs receiving State funds under this
20    subsection (a) shall prohibit expulsions. Planned
21    transitions to settings that are able to better meet a
22    child's needs are not considered expulsion under this
23    paragraph (7).
24            (A) When persistent and serious challenging
25        behaviors emerge, the early childhood program shall
26        document steps taken to ensure that the child can

 

 

10300SB0001sam001- 73 -LRB103 25137 RJT 70254 a

1        participate safely in the program; including
2        observations of initial and ongoing challenging
3        behaviors, strategies for remediation and intervention
4        plans to address the behaviors, and communication with
5        the parent or legal guardian, including participation
6        of the parent or legal guardian in planning and
7        decision-making.
8            (B) The early childhood program shall, with
9        parental or legal guardian consent as required, use a
10        range of community resources, if available and deemed
11        necessary, including, but not limited to,
12        developmental screenings, referrals to programs and
13        services administered by a local educational agency or
14        early intervention agency under Parts B and C of the
15        federal Individual with Disabilities Education Act,
16        and consultation with infant and early childhood
17        mental health consultants and the child's health care
18        provider. The program shall document attempts to
19        engage these resources, including parent or legal
20        guardian participation and consent attempted and
21        obtained. Communication with the parent or legal
22        guardian shall take place in a culturally and
23        linguistically competent manner.
24            (C) If there is documented evidence that all
25        available interventions and supports recommended by a
26        qualified professional have been exhausted and the

 

 

10300SB0001sam001- 74 -LRB103 25137 RJT 70254 a

1        program determines in its professional judgment that
2        transitioning a child to another program is necessary
3        for the well-being of the child or his or her peers and
4        staff, with parent or legal guardian permission, both
5        the current and pending programs shall create a
6        transition plan designed to ensure continuity of
7        services and the comprehensive development of the
8        child. Communication with families shall occur in a
9        culturally and linguistically competent manner.
10            (D) Nothing in this paragraph (7) shall preclude a
11        parent's or legal guardian's right to voluntarily
12        withdraw his or her child from an early childhood
13        program. Early childhood programs shall request and
14        keep on file, when received, a written statement from
15        the parent or legal guardian stating the reason for
16        his or her decision to withdraw his or her child.
17            (E) In the case of the determination of a serious
18        safety threat to a child or others or in the case of
19        behaviors listed in subsection (d) of Section 10-22.6
20        of the School Code, the temporary removal of a child
21        from attendance in group settings may be used.
22        Temporary removal of a child from attendance in a
23        group setting shall trigger the process detailed in
24        subparagraphs (A), (B), and (C) of this paragraph (7),
25        with the child placed back in a group setting as
26        quickly as possible.

 

 

10300SB0001sam001- 75 -LRB103 25137 RJT 70254 a

1            (F) Early childhood programs may use and the
2        Department of Early Childhood, State Board of
3        Education, the Department of Human Services, and the
4        Department of Children and Family Services shall
5        recommend training, technical support, and
6        professional development resources to improve the
7        ability of teachers, administrators, program
8        directors, and other staff to promote social-emotional
9        development and behavioral health, to address
10        challenging behaviors, and to understand trauma and
11        trauma-informed care, cultural competence, family
12        engagement with diverse populations, the impact of
13        implicit bias on adult behavior, and the use of
14        reflective practice techniques. Support shall include
15        the availability of resources to contract with infant
16        and early childhood mental health consultants.
17            (G) Through June 30, 2026, early childhood
18        programs shall annually report to the State Board of
19        Education, and, beginning in Fiscal Year 2020, the
20        State Board of Education shall make available on a
21        biennial basis, in an existing report, all of the
22        following data for children from birth to age 5 who are
23        served by the program:
24                (i) Total number served over the course of the
25            program year and the total number of children who
26            left the program during the program year.

 

 

10300SB0001sam001- 76 -LRB103 25137 RJT 70254 a

1                (ii) Number of planned transitions to another
2            program due to children's behavior, by children's
3            race, gender, disability, language, class/group
4            size, teacher-child ratio, and length of program
5            day.
6                (iii) Number of temporary removals of a child
7            from attendance in group settings due to a serious
8            safety threat under subparagraph (E) of this
9            paragraph (7), by children's race, gender,
10            disability, language, class/group size,
11            teacher-child ratio, and length of program day.
12                (iv) Hours of infant and early childhood
13            mental health consultant contact with program
14            leaders, staff, and families over the program
15            year.
16            (G-5) On and after July 1, 2026, early childhood
17        programs shall annually report to the Department of
18        Early Childhood, and beginning in Fiscal Year 2028,
19        the Department of Early Childhood shall make available
20        on a biennial basis, in a report, all of the following
21        data for children from birth to age 5 who are served by
22        the program:
23                (i) Total number served over the course of the
24            program year and the total number of children who
25            left the program during the program year.
26                (ii) Number of planned transitions to another

 

 

10300SB0001sam001- 77 -LRB103 25137 RJT 70254 a

1            program due to children's behavior, by children's
2            race, gender, disability, language, class/group
3            size, teacher-child ratio, and length of program
4            day.
5                (iii) Number of temporary removals of a child
6            from attendance in group settings due to a serious
7            safety threat under subparagraph (E) of this
8            paragraph (7), by children's race, gender,
9            disability, language, class/group size,
10            teacher-child ratio, and length of program day.
11                (iv) Hours of infant and early childhood
12            mental health consultant contact with program
13            leaders, staff, and families over the program
14            year.
15            (H) Changes to services for children with an
16        individualized education program or individual family
17        service plan shall be construed in a manner consistent
18        with the federal Individuals with Disabilities
19        Education Act.
20        The Department of Early Childhood, in consultation
21    with the Department of Children and Family Services, shall
22    adopt rules to administer this paragraph (7).
23    (b) Notwithstanding any other provisions of this Section,
24grantees may serve children ages 0 to 12 of essential workers
25if the Governor has declared a disaster due to a public health
26emergency pursuant to Section 7 of the Illinois Emergency

 

 

10300SB0001sam001- 78 -LRB103 25137 RJT 70254 a

1Management Agency Act. The Department of Early Childhood may
2adopt rules to administer this subsection.
 
3    Section 15-35. Chronic absenteeism in preschool children.
4    (a) In this Section, "chronic absence" means absences that
5total 10% or more of school days of the most recent academic
6school year, including absences with and without valid cause,
7as defined in Section 26-2a of the School Code.
8    (b) The General Assembly makes all of the following
9findings:
10        (1) The early years are an extremely important period
11    in a child's learning and development.
12        (2) Missed learning opportunities in the early years
13    make it difficult for a child to enter kindergarten ready
14    for success.
15        (3) Attendance patterns in the early years serve as
16    predictors of chronic absenteeism and reduced educational
17    outcomes in later school years. Therefore, it is crucial
18    that the implications of chronic absence be understood and
19    reviewed regularly under the Preschool for All Program and
20    Preschool for All Expansion Program under Section 15-30 of
21    this Act.
22    (c) The Preschool for All Program and Preschool for All
23Expansion Program under Section 15-30 of this Act shall
24collect and review its chronic absence data and determine what
25support and resources are needed to positively engage

 

 

10300SB0001sam001- 79 -LRB103 25137 RJT 70254 a

1chronically absent students and their families to encourage
2the habit of daily attendance and promote success.
3    (d) The Preschool for All Program and Preschool for All
4Expansion Program under Section 15-30 of this Act are
5encouraged to do all of the following:
6        (1) Provide support to students who are at risk of
7    reaching or exceeding chronic absence levels.
8        (2) Make resources available to families, such as
9    those available through the State Board of Education's
10    Family Engagement Framework, to support and encourage
11    families to ensure their children's daily program
12    attendance.
13        (3) Include information about chronic absenteeism as
14    part of their preschool to kindergarten transition
15    resources.
16    (e) On or before July 1, 2020, and annually thereafter
17through June 30, 2026, the Preschool for All Program and
18Preschool for All Expansion Program shall report all data
19collected under subsection (c) of this Section to the State
20Board of Education, which shall make the report publicly
21available via the Illinois Early Childhood Asset Map Internet
22website and the Preschool for All Program or Preschool for All
23Expansion Program triennial report.
24    (e-5) On and after July 1, 2026, the Department of Early
25Childhood shall collect and review its chronic absence data
26and determine what support and resources are needed to

 

 

10300SB0001sam001- 80 -LRB103 25137 RJT 70254 a

1positively engage chronically absent students and their
2families to encourage the habit of daily attendance and
3promote success. The Department shall report all data
4collected and make a report publicly available via the
5Illinois Early Childhood Asset Map Internet website and the
6Preschool for All Program or Preschool for All Expansion
7Program triennial report.
 
8    Section 15-40. Restrictions on prekindergarten
9assessments.
10    (a) In this Section:
11    "Diagnostic and screening purposes" means for the purpose
12of determining if individual students need remedial
13instruction or to determine eligibility for special education,
14early intervention, bilingual education, dyslexia services, or
15other related educational services. Any assessment used to
16determine eligibility for special education or related
17services must be consistent with Section 614 of the federal
18Individuals with Disabilities Education Act. "Diagnostic and
19screening purposes" includes the identification and evaluation
20of students with disabilities. "Diagnostic and screening
21purposes" does not include any assessment in which student
22scores are used to rate or rank a classroom, program, teacher,
23school, school district, or jurisdiction.
24    "Standardized assessment" means an assessment that
25requires all student test takers to answer the same questions,

 

 

10300SB0001sam001- 81 -LRB103 25137 RJT 70254 a

1or a selection of questions from a common bank of questions, in
2the same manner or substantially the same questions in the
3same manner. "Standardized assessment" does not include an
4observational assessment tool used to satisfy the requirements
5of Section 2-3.64a-10 of the School Code.
6    (b) Consistent with Section 2-3.64a-15 of the School Code,
7the Department of Early Childhood may not develop, purchase,
8or require a school district to administer, develop, or
9purchase a standardized assessment for students enrolled or
10preparing to enroll in prekindergarten, other than for
11diagnostic and screening purposes.
12    (c) Consistent with Section 2-3.64a-15 of the School Code,
13the Department of Early Childhood may not provide funding for
14any standardized assessment of students enrolled or preparing
15to enroll in prekindergarten, other than for diagnostic and
16screening purposes.
17    (d) Nothing in this Section shall be construed to limit
18the ability of a classroom teacher or school district to
19develop, purchase, administer, or score an assessment for an
20individual classroom, grade level, or group of grade levels in
21any subject area in prekindergarten.
22    (e) Nothing in this Section limits procedures used by a
23school or school district for child find under 34 CFR
24300.111(c) or evaluation under 34 CFR 300.304.
25    (f) Nothing in this Section restricts the use of an annual
26assessment of English proficiency of all English learners to

 

 

10300SB0001sam001- 82 -LRB103 25137 RJT 70254 a

1comply with Section 1111(b)(2)(G) of the federal Elementary
2and Secondary Education Act of 1965.
 
3    Section 15-45. Grants for early childhood parental
4training programs. On and after July 1, 2026, the Department
5of Early Childhood shall implement and administer a grant
6program consisting of grants to public school districts and
7other eligible entities, as defined by the Department, to
8conduct early childhood parental training programs for the
9parents of children in the period of life from birth to
10kindergarten. A public school district that receives grants
11under this Section may contract with other eligible entities
12to conduct an early childhood parental training program. These
13grants must be used to supplement, not supplant, funds
14received from any other source. A school board or other
15eligible entity shall employ appropriately qualified personnel
16for its early childhood parental training program, including
17but not limited to certified teachers, counselors,
18psychiatrists, psychologists and social workers.
19    (a) As used in this Section, "parental training" means and
20includes instruction in the following:
21        (1) Child growth and development, including prenatal
22    development.
23        (2) Childbirth and child care.
24        (3) Family structure, function and management.
25        (4) Prenatal and postnatal care for mothers and

 

 

10300SB0001sam001- 83 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 84 -LRB103 25137 RJT 70254 a

1such courses in an amount not to exceed the per capita cost of
2the operation thereof, except that the board or other eligible
3entity may waive all or part of such charges if it determines
4that the parent is indigent or that the educational needs of
5the parent require his or her attendance at such courses.
6    (e) Parents who participate in early childhood parental
7training programs under this Section may be eligible for
8reasonable reimbursement of any incidental transportation and
9child care expenses from the school district receiving funds
10pursuant to this Section.
11    (f) Districts and other eligible entities receiving grants
12pursuant to this Section shall coordinate programs created
13under this Section with other preschool educational programs,
14including "at-risk" preschool programs, special and vocational
15education, and related services provided by other governmental
16agencies and not-for-profit agencies.
17    (g) Early childhood programs under this Section are
18subject to the requirements under paragraph (7) of subsection
19(a) of Section 15-30 of this Act.
 
20    Section 15-50. Early childhood construction grants.
21    (a) The Capital Development Board is authorized to make
22grants to public school districts and not-for-profit entities
23for early childhood construction projects, except that in
24Fiscal Year 2024 those grants may be made only to public school
25districts. These grants shall be paid out of moneys

 

 

10300SB0001sam001- 85 -LRB103 25137 RJT 70254 a

1appropriated for that purpose from the School Construction
2Fund, the Build Illinois Bond Fund, or the Rebuild Illinois
3Projects Fund. No grants may be awarded to entities providing
4services within private residences. A public school district
5or other eligible entity must provide local matching funds in
6the following manner:
7        (1) A public school district assigned to Tier 1 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 3% of
11    the grant awarded under this Section.
12        (2) A public school district assigned to Tier 2 under
13    Section 18-8.15 of the School Code or any other eligible
14    entity in an area encompassed by that district must
15    provide local matching funds in an amount equal to 7.5% of
16    the grant awarded under this Section.
17        (3) A public school district assigned to Tier 3 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 8.75%
21    of the grant awarded under this Section.
22        (4) A public school district assigned to Tier 4 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 10% of
26    the grant awarded under this Section.

 

 

10300SB0001sam001- 86 -LRB103 25137 RJT 70254 a

1    A public school district or other eligible entity has no
2entitlement to a grant under this Section.
3    (b) The Capital Development Board shall adopt rules to
4implement this Section. These rules need not be the same as the
5rules for school construction project grants or school
6maintenance project grants. The rules may specify:
7        (1) the manner of applying for grants;
8        (2) project eligibility requirements;
9        (3) restrictions on the use of grant moneys;
10        (4) the manner in which school districts and other
11    eligible entities must account for the use of grant
12    moneys;
13        (5) requirements that new or improved facilities be
14    used for early childhood and other related programs for a
15    period of at least 10 years; and
16        (6) any other provision that the Capital Development
17    Board determines to be necessary or useful for the
18    administration of this Section.
19    (b-5) When grants are made to non-profit corporations for
20the acquisition or construction of new facilities, the Capital
21Development Board or any State agency it so designates shall
22hold title to or place a lien on the facility for a period of
2310 years after the date of the grant award, after which title
24to the facility shall be transferred to the non-profit
25corporation or the lien shall be removed, provided that the
26non-profit corporation has complied with the terms of its

 

 

10300SB0001sam001- 87 -LRB103 25137 RJT 70254 a

1grant agreement. When grants are made to non-profit
2corporations for the purpose of renovation or rehabilitation,
3if the non-profit corporation does not comply with item (5) of
4subsection (b) of this Section, the Capital Development Board
5or any State agency it so designates shall recover the grant
6pursuant to the procedures outlined in the Illinois Grant
7Funds Recovery Act.
8    (c) On and after July 1, 2026, the Capital Development
9Board, in consultation with the Department of Early Childhood,
10shall establish standards for the determination of priority
11needs concerning early childhood projects based on projects
12located in communities in the State with the greatest
13underserved population of young children, utilizing Census
14data and other reliable local early childhood service data.
15    (d) In each school year in which early childhood
16construction project grants are awarded, 20% of the total
17amount awarded shall be awarded to a school district with a
18population of more than 500,000, provided that the school
19district complies with the requirements of this Section and
20the rules adopted under this Section.
 
21    Section 15-55. Infant/early childhood mental health
22consultations.
23    (a) Findings; policies.
24        (1) The General Assembly finds that social and
25    emotional development is a core, developmental domain in

 

 

10300SB0001sam001- 88 -LRB103 25137 RJT 70254 a

1    young children and is codified in the Illinois Early
2    Learning Standards.
3        (2) Fostering social and emotional development in,
4    early childhood means both providing the supportive
5    settings and interactions to maximize healthy social and
6    emotional development for all children, as well as
7    providing communities, programs, and providers with
8    systems of tiered supports with training to respond to
9    more significant social and emotional challenges or where
10    experiences of trauma may be more prevalent.
11        (3) Early care and education programs and providers,
12    across a range of settings, have an important role to play
13    in supporting young children and families, especially
14    those who face greater challenges, such as trauma
15    exposure, social isolation, pervasive poverty, and toxic
16    stress. If programs, teaching staff, caregivers, and
17    providers are not provided with the support, services, and
18    training needed to accomplish these goals, it can lead to
19    children and families being asked to leave programs,
20    particularly without connection to more appropriate
21    services, thereby creating a disruption in learning and
22    social-emotional development. Investments in reflective
23    supervision, professional development specific to
24    diversity, equity, and inclusion practice, culturally
25    responsive training, implicit bias training, and how
26    trauma experienced during the early years can manifest in

 

 

10300SB0001sam001- 89 -LRB103 25137 RJT 70254 a

1    challenging behaviors will create systems for serving
2    children that are informed in developmentally appropriate
3    and responsive supports.
4        (4) Studies have shown that the expulsion of infants,
5    toddlers, and young children in early care and education
6    settings is occurring at alarmingly high rates, more than
7    3 times that of students in K-12; further, expulsion
8    occurs more frequently for Black children and Latinx
9    children and more frequently for boys than for girls, with
10    Black boys being most frequently expelled; there is
11    evidence to show that the expulsion of Black girls is
12    occurring with increasing frequency.
13        (5) Illinois took its first steps toward addressing
14    this disparity through Public Act 100-105 to prohibit
15    expulsion due to child behavior in early care and
16    education settings, but further work is needed to
17    implement this law, including strengthening provider
18    understanding of a successful transition and beginning to
19    identify strategies to reduce "soft expulsions" and to
20    ensure more young children and their teachers, providers,
21    and caregivers, in a range of early care and education
22    settings, can benefit from services, such as Infant/Early
23    Childhood Mental Health Consultations (I/ECMHC) and
24    positive behavior interventions and supports such as the
25    Pyramid Model.
26        (6) I/ECMHC is a critical component needed to align

 

 

10300SB0001sam001- 90 -LRB103 25137 RJT 70254 a

1    social-emotional well-being with the public health model
2    of promotion, prevention, and intervention across early
3    care and education systems.
4    (b) The General Assembly encourages that all of the
5following actions be taken by:
6        (1) the State to increase the availability of
7    Infant/Early Childhood Mental Health Consultations
8    (I/ECMHC) through increased funding in early childhood
9    programs and sustainable funding for coordination of
10    I/ECMHC and other social and emotional support at the
11    State level;
12        (2) the Department of Early Childhood, the Department
13    of Human Services, the Illinois State Board of Education,
14    and other relevant agencies to develop and promote
15    provider-accessible and parent-accessible materials,
16    including native language, on the role and value of
17    I/ECMHC, including targeted promotion in underserved
18    communities, and promote the use of existing I/ECMHCs, the
19    I/ECMHC consultant database, or other existing services;
20        (3) the State to increase funding to promote and
21    provide training and implementation support for systems of
22    tiered support, such as the Pyramid Model, across early
23    childhood settings and urge the Department of Early
24    Childhood, the Department of Human Services, the Illinois
25    State Board of Education, and other relevant State
26    agencies to coordinate efforts and develop strategies to

 

 

10300SB0001sam001- 91 -LRB103 25137 RJT 70254 a

1    provide outreach to and support providers in underserved
2    communities and communities with fewer programmatic
3    resources; and
4        (4) State agencies to provide the data required by
5    Public Act 100-105, even if the data is incomplete at the
6    time due to data system challenges.
 
7
ARTICLE 20. POWERS AND DUTIES RELATING TO CHILD CARE AND DAY
8
CARE LICENSING

 
9    Section 20-5. Transition. Beginning July 1, 2024, the
10Department of Early Childhood and the Department of Human
11Services shall collaborate and plan for the transition of
12child care services for children established in Section 5.15
13of the Children and Family Services Act.
 
14    Section 20-10. Child care.
15    (a) The General Assembly recognizes that families with
16children need child care in order to work. Child care is
17expensive and families with limited access to economic
18resources, including those who are transitioning from welfare
19to work, often struggle to pay the costs of day care. The
20General Assembly understands the importance of helping working
21families with limited access to economic resources become and
22remain self-sufficient. The General Assembly also believes
23that it is the responsibility of families to share in the costs

 

 

10300SB0001sam001- 92 -LRB103 25137 RJT 70254 a

1of child care. It is also the preference of the General
2Assembly that all working families with limited access to
3economic resources should be treated equally, regardless of
4their welfare status.
5    (b) On and after July 1, 2026, to the extent resources
6permit, the Illinois Department of Early Childhood shall
7provide child care services to parents or other relatives as
8defined by rule who are working or participating in employment
9or Department approved education or training programs as
10prescribed in Section 9A-11 of the Illinois Public Aid Code.
11    (c) Smart Start Child Care Program. Through June 30, 2026,
12subject to appropriation, the Department of Human Services
13shall establish and administer the Smart Start Child Care
14Program. On and after July 1, 2026, the Department of Early
15Childhood shall administer the Smart Start Child Care Program.
16The Smart Start Child Care Program shall focus on creating
17affordable child care, as well as increasing access to child
18care, for Illinois residents and may include, but is not
19limited to, providing funding to increase preschool
20availability, providing funding for childcare workforce
21compensation or capital investments, and expanding funding for
22Early Childhood Access Consortium for Equity Scholarships. The
23Department with authority to administer the Smart Start Child
24Care Program shall establish program eligibility criteria,
25participation conditions, payment levels, and other program
26requirements by rule. The Department with authority to

 

 

10300SB0001sam001- 93 -LRB103 25137 RJT 70254 a

1administer the Smart Start Child Care Program may consult with
2the Capital Development Board, the Department of Commerce and
3Economic Opportunity, the State Board of Education, and the
4Illinois Housing Development Authority, and other state
5agencies as determined by the Department in the management and
6disbursement of funds for capital-related projects. The
7Capital Development Board, the Department of Commerce and
8Economic Opportunity, the State Board of Education, and the
9Illinois Housing Development Authority, and other state
10agencies as determined by the Department shall act in a
11consulting role only for the evaluation of applicants, scoring
12of applicants, or administration of the grant program.
 
13    Section 20-15. Day care services.
14    (a) For the purpose of ensuring effective statewide
15planning, development, and utilization of resources for the
16day care of children, operated under various auspices, the
17Department of Early Childhood is designated on and after July
181, 2026 to coordinate all day care activities for children of
19the State and shall develop or continue, and shall update
20every year, a State comprehensive day care plan for submission
21to the Governor that identifies high-priority areas and
22groups, relating them to available resources and identifying
23the most effective approaches to the use of existing day care
24services. The State comprehensive day care plan shall be made
25available to the General Assembly following the Governor's

 

 

10300SB0001sam001- 94 -LRB103 25137 RJT 70254 a

1approval of the plan.
2    The plan shall include methods and procedures for the
3development of additional day care resources for children to
4meet the goal of reducing short-run and long-run dependency
5and to provide necessary enrichment and stimulation to the
6education of young children. Recommendations shall be made for
7State policy on optimum use of private and public, local,
8State and federal resources, including an estimate of the
9resources needed for the licensing and regulation of day care
10facilities.
11    A written report shall be submitted to the Governor and
12the General Assembly annually on April 15. The report shall
13include an evaluation of developments over the preceding
14fiscal year, including cost-benefit analyses of various
15arrangements. Beginning with the report in 1990 submitted by
16the Department's predecessor agency and every 2 years
17thereafter, the report shall also include the following:
18        (1) An assessment of the child care services, needs
19    and available resources throughout the State and an
20    assessment of the adequacy of existing child care
21    services, including, but not limited to, services assisted
22    under this Act and under any other program administered by
23    other State agencies.
24        (2) A survey of day care facilities to determine the
25    number of qualified caregivers, as defined by rule,
26    attracted to vacant positions and any problems encountered

 

 

10300SB0001sam001- 95 -LRB103 25137 RJT 70254 a

1    by facilities in attracting and retaining capable
2    caregivers. The report shall include an assessment, based
3    on the survey, of improvements in employee benefits that
4    may attract capable caregivers.
5        (3) The average wages and salaries and fringe benefit
6    packages paid to caregivers throughout the State, computed
7    on a regional basis, compared to similarly qualified
8    employees in other but related fields.
9        (4) The qualifications of new caregivers hired at
10    licensed day care facilities during the previous 2-year
11    period.
12        (5) Recommendations for increasing caregiver wages and
13    salaries to ensure quality care for children.
14        (6) Evaluation of the fee structure and income
15    eligibility for child care subsidized by the State.
16    (b) The Department of Early Childhood 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 Early Childhood 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

 

 

10300SB0001sam001- 96 -LRB103 25137 RJT 70254 a

1local or regional agencies. Funding for implementation of this
2system may be provided through Department appropriations or
3other interagency funding arrangements. The resource and
4referral system shall provide at least the following services:
5        (1) Assembling and maintaining a database 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 Early Childhood 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. The Department shall design a plan
20    to create more child care slots as well as goals and
21    timetables to improve quality and accessibility of child
22    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.

 

 

10300SB0001sam001- 97 -LRB103 25137 RJT 70254 a

1        (3) Care of children from families in stress and
2    crises whose members potentially may become, or are in
3    danger of becoming, non-productive and dependent.
4        (4) Expansion of family day care facilities wherever
5    possible.
6        (5) Location of centers in economically depressed
7    neighborhoods, preferably in multi-service centers with
8    cooperation of other agencies. The Department shall
9    coordinate the provision of grants, but only to the extent
10    funds are specifically appropriated for this purpose, to
11    encourage the creation and expansion of child care centers
12    in high need communities to be issued by the State,
13    business, and local governments.
14        (6) Use of existing facilities free of charge or for
15    reasonable rental whenever possible in lieu of
16    construction.
17        (7) Development of strategies for assuring a more
18    complete range of day care options, including provision of
19    day care services in homes, in schools, or in centers,
20    which will enable parents to complete a course of
21    education or obtain or maintain employment and the
22    creation of more child care options for swing shift,
23    evening, and weekend workers and for working women with
24    sick children. The Department shall encourage companies to
25    provide child care in their own offices or in the building
26    in which the corporation is located so that employees of

 

 

10300SB0001sam001- 98 -LRB103 25137 RJT 70254 a

1    all the building's tenants can benefit from the facility.
2        (8) Development of strategies for subsidizing students
3    pursuing degrees in the child care field.
4        (9) Continuation and expansion of service programs
5    that assist teen parents to continue and complete their
6    education.
7    Emphasis shall be given to support services that will help
8to ensure such parents' graduation from high school and to
9services for participants in any programs of job training
10conducted by the Department.
11    (e) The Department of Early Childhood shall actively
12stimulate the development of public and private resources at
13the local level. It shall also seek the fullest utilization of
14federal funds directly or indirectly available to the
15Department. Where appropriate, existing non-governmental
16agencies or associations shall be involved in planning by the
17Department.
 
18    Section 20-20. Day care facilities for the children of
19migrant workers. On and after July 1, 2026, the Department of
20Early Childhood shall operate day care facilities for the
21children of migrant workers in areas of the State where they
22are needed. The Department of Early Childhood may provide
23these day care services by contracting with private centers if
24practicable. "Migrant worker" means any person who moves
25seasonally from one place to another, within or without the

 

 

10300SB0001sam001- 99 -LRB103 25137 RJT 70254 a

1State, for the purpose of employment in agricultural
2activities.
 
3    Section 20-25. Licensing day care facilities.
4    (a) Beginning July 1, 2024, the Department of Early
5Childhood and the Department of Children and Family Services
6shall collaborate and plan for the transition of
7administrative responsibilities related to licensing day care
8centers, day care homes, and group day care homes as
9prescribed throughout the Child Care Act of 1969.
10    (b) Beginning July 1, 2026, the Department of Early
11Childhood shall manage all facets of licensing for day care
12centers, day care homes, and group day care homes as
13prescribed throughout the Child Care Act of 1969.
 
14    Section 20-30. Off-Hours Child Care Program.
15    (a) Legislative intent. The General Assembly finds that:
16        (1) Finding child care can be a challenge for
17    firefighters, paramedics, police officers, nurses, and
18    other third shift workers across the State who often work
19    non-typical work hours. This can impact home life, school,
20    bedtime routines, job safety, and the mental health of
21    some of our most critical front line workers and their
22    families.
23        (2) There is a need for increased options for
24    off-hours child care in the State.

 

 

10300SB0001sam001- 100 -LRB103 25137 RJT 70254 a

1        (3) Illinois has a vested interest in ensuring that
2    our first responders and working families can provide
3    their children with appropriate care during off hours to
4    improve the morale of existing first responders and to
5    improve recruitment into the future.
6    (b) As used in this Section, "first responders" means
7emergency medical services personnel as defined in the
8Emergency Medical Services (EMS) Systems Act, firefighters,
9law enforcement officers, and, as determined by the Department
10of Early Childhood on and after July 1, 2026, any other workers
11who, on account of their work schedule, need child care
12outside of the hours when licensed child care facilities
13typically operate.
14    (c) Beginning July 1, 2026, the Department of Early
15Childhood shall administer the Off-Hours Child Care Program to
16help first responders and other workers identify and access
17off-hours, night, or sleep time child care, subject to
18appropriation. Services funded under the program must address
19the child care needs of first responders. Funding provided
20under the program may also be used to cover any capital and
21operating expenses related to the provision of off-hours,
22night, or sleep time child care for first responders. Funding
23awarded under this Section shall be funded through
24appropriations from the Off-Hours Child Care Program Fund
25created under Public Act 102-912. The Department of Early
26Childhood may adopt any rules necessary to implement the

 

 

10300SB0001sam001- 101 -LRB103 25137 RJT 70254 a

1program.
 
2    Section 20-35. Great START program.
3    (a) Through June 30, 2026, the Department of Human
4Services shall, subject to a specific appropriation for this
5purpose, operate a Great START (Strategy To Attract and Retain
6Teachers) program. The goal of the program is to improve
7children's developmental and educational outcomes in child
8care by encouraging increased professional preparation by
9staff and staff retention. The Great START program shall
10coordinate with the TEACH professional development program.
11    The program shall provide wage supplements and may include
12other incentives to licensed child care center personnel,
13including early childhood teachers, school-age workers, early
14childhood assistants, school-age assistants, and directors, as
15such positions are defined by administrative rule of the
16Department of Children and Family Services. The program shall
17provide wage supplements and may include other incentives to
18licensed family day care home personnel and licensed group day
19care home personnel, including caregivers and assistants as
20such positions are defined by administrative rule of the
21Department of Children and Family Services. Individuals will
22receive supplements commensurate with their qualifications.
23    (b) On and after July 1, 2026, the Department of Early
24Childhood shall, subject to a specific appropriation for this
25purpose, operate a Great START program. The goal of the

 

 

10300SB0001sam001- 102 -LRB103 25137 RJT 70254 a

1program is to improve children's developmental and educational
2outcomes in child care by encouraging increased professional
3preparation by staff and staff retention. The Great START
4program shall coordinate with the TEACH professional
5development program.
6    The program shall provide wage supplements and may include
7other incentives to licensed child care center personnel,
8including early childhood teachers, school-age workers, early
9childhood assistants, school-age assistants, and directors, as
10such positions are defined by administrative rule by the
11Department pursuant to subsections (a) and this subsection.
12    (c) The Department, pursuant to subsections (a) and (b),
13shall, by rule, define the scope and operation of the program,
14including a wage supplement scale. The scale shall pay
15increasing amounts for higher levels of educational attainment
16beyond minimum qualifications and shall recognize longevity of
17employment. Subject to the availability of sufficient
18appropriation, the wage supplements shall be paid to child
19care personnel in the form of bonuses at 6-month intervals.
20Six months of continuous service with a single employer is
21required to be eligible to receive a wage supplement bonus.
22Wage supplements shall be paid directly to individual day care
23personnel, not to their employers. Eligible individuals must
24provide to the Department or its agent all information and
25documentation, including but not limited to college
26transcripts, to demonstrate their qualifications for a

 

 

10300SB0001sam001- 103 -LRB103 25137 RJT 70254 a

1particular wage supplement level.
2    If appropriations permit, the Department may include
3one-time signing bonuses or other incentives to help providers
4attract staff, provided that the signing bonuses are less than
5the supplement staff would have received if they had remained
6employed with another day care center or family day care home.
7    If appropriations permit, the Department may include
8one-time longevity bonuses or other incentives to recognize
9staff who have remained with a single employer.
 
10    Section 20-40. Programs to train low-income older persons
11to be child care workers. On and after July 1, 2026, the
12Department of Early Childhood may, in conjunction with
13colleges or universities in this State, establish programs to
14train low-income older persons to be child care workers. The
15Department shall prescribe, by rule:
16        (a) age and income qualifications for persons to be
17    trained under such programs; and
18        (b) standards for such programs to ensure that such
19    programs train participants to be skilled workers for the
20    child care industry.
 
21    Section 20-45. Home child care demonstration project;
22conversion and renovation grants; Department of Early
23Childhood.
24    (a) The General Assembly finds that the demand for quality

 

 

10300SB0001sam001- 104 -LRB103 25137 RJT 70254 a

1child care far outweighs the number of safe, quality spaces
2for our children. The purpose of this Section is to increase
3the number of child care providers by:
4        (1) developing a demonstration project to train
5    individuals to become home child care providers who are
6    able to establish and operate their own child care
7    facility; and
8        (2) providing grants to convert and renovate existing
9    facilities.
10    (b) On and after July 1, 2026, the Department of Early
11Childhood may from appropriations from the Child Care
12Development Block Grant establish a demonstration project to
13train individuals to become home child care providers who are
14able to establish and operate their own home-based child care
15facilities. On and after July 1, 2026, the Department of Early
16Childhood is authorized to use funds for this purpose from the
17child care and development funds deposited into the DHS
18Special Purposes Trust Fund as described in Section 12-10 of
19the Illinois Public Aid Code or deposited into the Employment
20and Training Fund as described in Section 12-10.3 of the
21Illinois Public Aid Code. As an economic development program,
22the project's focus is to foster individual self-sufficiency
23through an entrepreneurial approach by the creation of new
24jobs and opening of new small home-based child care
25businesses. The demonstration project shall involve
26coordination among State and county governments and the

 

 

10300SB0001sam001- 105 -LRB103 25137 RJT 70254 a

1private sector, including but not limited to: the community
2college system, the Departments of Labor and Commerce and
3Economic Opportunity, the State Board of Education, large and
4small private businesses, non-profit programs, unions, and
5child care providers in the State.
6    (c) On and after July 1, 2026, the Department of Early
7Childhood may from appropriations from the Child Care
8Development Block Grant provide grants to family child care
9providers and center based programs to convert and renovate
10existing facilities, to the extent permitted by federal law,
11so additional family child care homes and child care centers
12can be located in such facilities.
13        (1) Applications for grants shall be made to the
14    Department and shall contain information as the Department
15    shall require by rule. Every applicant shall provide
16    assurance to the Department that:
17            (A) the facility to be renovated or improved shall
18        be used as family child care home or child care center
19        for a continuous period of at least 5 years;
20            (B) any family child care home or child care
21        center program located in a renovated or improved
22        facility shall be licensed by the Department;
23            (C) the program shall comply with applicable
24        federal and State laws prohibiting discrimination
25        against any person on the basis of race, color,
26        national origin, religion, creed, or sex;

 

 

10300SB0001sam001- 106 -LRB103 25137 RJT 70254 a

1            (D) the grant shall not be used for purposes of
2        entertainment or perquisites;
3            (E) the applicant shall comply with any other
4        requirement the Department may prescribe to ensure
5        adherence to applicable federal, State, and county
6        laws;
7            (F) all renovations and improvements undertaken
8        with funds received under this Section shall comply
9        with all applicable State and county statutes and
10        ordinances including applicable building codes and
11        structural requirements of the Department; and
12            (G) the applicant shall indemnify and save
13        harmless the State and its officers, agents, and
14        employees from and against any and all claims arising
15        out of or resulting from the renovation and
16        improvements made with funds provided by this Section,
17        and, upon request of the Department, the applicant
18        shall procure sufficient insurance to provide that
19        indemnification.
20        (2) To receive a grant under this Section to convert
21    an existing facility into a family child care home or
22    child care center facility, the applicant shall:
23            (A) agree to make available to the Department all
24        records it may have relating to the operation of any
25        family child care home and child care center facility,
26        and to allow State agencies to monitor its compliance

 

 

10300SB0001sam001- 107 -LRB103 25137 RJT 70254 a

1        with the purpose of this Section;
2            (B) agree that, if the facility is to be altered or
3        improved, or is to be used by other groups, moneys
4        appropriated by this Section shall be used for
5        renovating or improving the facility only to the
6        proportionate extent that the floor space will be used
7        by the child care program; and
8            (C) establish, to the satisfaction of the
9        Department, that sufficient funds are available for
10        the effective use of the facility for the purpose for
11        which it is being renovated or improved.
12        (3) In selecting applicants for funding, the
13    Department shall make every effort to ensure that family
14    child care home or child care center facilities are
15    equitably distributed throughout the State according to
16    demographic need. The Department shall give priority
17    consideration to rural/Downstate areas of the State that
18    are currently experiencing a shortage of child care
19    services.
20        (4) In considering applications for grants to renovate
21    or improve an existing facility used for the operations of
22    a family child care home or child care center, the
23    Department shall give preference to applications to
24    renovate facilities most in need of repair to address
25    safety and habitability concerns. No grant shall be
26    disbursed unless an agreement is entered into between the

 

 

10300SB0001sam001- 108 -LRB103 25137 RJT 70254 a

1    applicant and the State, by and through the Department.
2    The agreement shall include the assurances and conditions
3    required by this Section and any other terms which the
4    Department may require.
 
5
ARTICLE 80. TRANSITION PROVISIONS

 
6    Section 80-5. Transfer of functions. On and after July 1,
72026:
8    (a) The powers, duties, rights, and responsibilities
9vested in the transferring agencies relating to early care and
10education programs and services to children and families
11transferred by this Act shall be vested in and shall be
12exercised by the Department of Early Childhood.
13    (b) The personnel who are engaged in the performance of
14functions transferred to the Department or who are engaged in
15the administration of a law the administration of which is
16transferred to the Department shall be employed by the
17Department of Early Childhood and not the agency from which
18the duties performed are transferred.
19    (c) All books, records, papers, documents, property (real
20and personal), contracts, causes of action, and pending
21business pertaining to the powers, duties, rights, and
22responsibilities relating to functions transferred under this
23Act to the Department of Early Childhood, including, but not
24limited to, material in electronic or magnetic format and

 

 

10300SB0001sam001- 109 -LRB103 25137 RJT 70254 a

1necessary computer hardware and software, shall be transferred
2to the Department.
3    (d) Whenever reports or notices are now required to be
4made or given or papers or documents furnished or served by any
5person in connection with any of the powers, duties, rights,
6and responsibilities relating to functions transferred by this
7Act, the same shall be made, given, furnished, or served in the
8same manner to or upon the Department.
9    (e) This Act does not affect any act done, ratified, or
10canceled or any right occurring or established or any action
11or proceeding had or commenced in an administrative, civil, or
12criminal cause by each transferring agency relating to
13functions transferred by this Act before the transfer of
14responsibilities; such actions or proceedings may be
15prosecuted and continued by the Department.
 
16    Section 80-10. Rules and standards.
17    (a) The rules and standards of the Department's
18predecessor agencies that are in effect on June 30, 2026 and
19pertain to the rights, powers, duties, and functions
20transferred to the Department under this Act shall become the
21rules and standards of the Department of Early Childhood on
22July 1, 2026 and shall continue in effect until amended or
23repealed by the Department.
24    (b) Any rules pertaining to the rights, powers, duties,
25and functions transferred to the Department under this Act

 

 

10300SB0001sam001- 110 -LRB103 25137 RJT 70254 a

1that have been proposed by a predecessor agency but have not
2taken effect or been finally adopted by June 30, 2026 shall
3become proposed rules of the Department of Early Childhood on
4July 1, 2026, and any rulemaking procedures that have already
5been completed by the predecessor agency for those proposed
6rules need not be repeated.
7    (c) As soon as practical after July 1, 2026, the
8Department of Early Childhood shall revise and clarify the
9rules transferred to it under this Act to reflect the
10reorganization of rights, powers, duties, and functions
11effected by this Act using the procedures for recodification
12of rules available under the Illinois Administrative Procedure
13Act, except that existing Title, Part, and Section numbering
14for the affected rules may be retained. The Department may
15propose and adopt under the Illinois Administrative Procedure
16Act such other rules as may be necessary to consolidate and
17clarify the rules of the agencies reorganized by this Act.
 
18    Section 80-15. Savings provisions.
19    (a) The rights, powers, duties, and functions transferred
20to the Department of Early Childhood by this Act shall be
21vested in and exercised by the Department subject to the
22provisions of this Act. An act done by the Department or an
23officer, employee, or agent of the Department in the exercise
24of the transferred rights, powers, duties, or functions shall
25have the same legal effect as if done by the predecessor agency

 

 

10300SB0001sam001- 111 -LRB103 25137 RJT 70254 a

1or an officer, employee, or agent of the predecessor agency.
2    (b) The transfer of rights, powers, duties, and functions
3to the Department of Early Childhood under this Act does not
4invalidate any previous action taken by or in respect to any of
5its predecessor agencies or their officers, employees, or
6agents. References to those predecessor agencies or their
7officers, employees or agents in any document, contract,
8agreement, or law shall, in appropriate contexts, be deemed to
9refer to the Department or its officers, employees, or agents.
10    (c) The transfer of rights, powers, duties, and functions
11to the Department of Early Childhood under this Act does not
12affect any person's rights, obligations, or duties, including
13any civil or criminal penalties applicable thereto, arising
14out of those transferred rights, powers, duties, and
15functions.
16    (d) With respect to matters that pertain to a right,
17power, duty, or function transferred to the Department of
18Early Childhood under this Act:
19        (1) Beginning July 1, 2026, a report or notice that
20    was previously required to be made or given by any person
21    to a predecessor agency or any of its officers, employees,
22    or agents shall be made or given in the same manner to the
23    Department or its appropriate officer, employee, or agent.
24        (2) Beginning July 1, 2026, a document that was
25    previously required to be furnished or served by any
26    person to or upon a predecessor agency or any of its

 

 

10300SB0001sam001- 112 -LRB103 25137 RJT 70254 a

1    officers, employees, or agents shall be furnished or
2    served in the same manner to or upon the Department or its
3    appropriate officer, employee, or agent.
4    (e) This Act does not affect any act done, ratified, or
5canceled, any right occurring or established, or any action or
6proceeding had or commenced in an administrative, civil, or
7criminal cause before July 1, 2026. Any such action or
8proceeding that pertains to a right, power, duty, or function
9transferred to the Department of Early Childhood under this
10Act and that is pending on that date may be prosecuted,
11defended, or continued by the Department of Early Childhood.
 
12
ARTICLE 90. AMENDATORY PROVISIONS

 
13    Section 90-5. The Civil Administrative Code of Illinois is
14amended by changing Sections 5-10, 5-15, and 5-20 and by
15adding Sections 5-126 and 5-336 as follows:
 
16    (20 ILCS 5/5-10)  (was 20 ILCS 5/2.1)
17    Sec. 5-10. "Director". As used in the Civil Administrative
18Code of Illinois, unless the context clearly indicates
19otherwise, the word "director" means the several directors of
20the departments of State government as designated in Section
215-20 of this Law and includes the Secretary of Early
22Childhood, the Secretary of Financial and Professional
23Regulation, the Secretary of Innovation and Technology, the

 

 

10300SB0001sam001- 113 -LRB103 25137 RJT 70254 a

1Secretary of Human Services, and the Secretary of
2Transportation.
3(Source: P.A. 100-611, eff. 7-20-18.)
 
4    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
5    Sec. 5-15. Departments of State government. The
6Departments of State government are created as follows:
7    The Department on Aging.
8    The Department of Agriculture.
9    The Department of Central Management Services.
10    The Department of Children and Family Services.
11    The Department of Commerce and Economic Opportunity.
12    The Department of Corrections.
13    The Department of Early Childhood.
14    The Department of Employment Security.
15    The Illinois Emergency Management Agency.
16    The Department of Financial and Professional Regulation.
17    The Department of Healthcare and Family Services.
18    The Department of Human Rights.
19    The Department of Human Services.
20    The Department of Innovation and Technology.
21    The Department of Insurance.
22    The Department of Juvenile Justice.
23    The Department of Labor.
24    The Department of the Lottery.
25    The Department of Natural Resources.

 

 

10300SB0001sam001- 114 -LRB103 25137 RJT 70254 a

1    The Department of Public Health.
2    The Department of Revenue.
3    The Illinois State Police.
4    The Department of Transportation.
5    The Department of Veterans' Affairs.
6(Source: P.A. 102-538, eff. 8-20-21.)
 
7    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
8    Sec. 5-20. Heads of departments. Each department shall
9have an officer as its head who shall be known as director or
10secretary and who shall, subject to the provisions of the
11Civil Administrative Code of Illinois, execute the powers and
12discharge the duties vested by law in his or her respective
13department.
14    The following officers are hereby created:
15    Director of Aging, for the Department on Aging.
16    Director of Agriculture, for the Department of
17Agriculture.
18    Director of Central Management Services, for the
19Department of Central Management Services.
20    Director of Children and Family Services, for the
21Department of Children and Family Services.
22    Director of Commerce and Economic Opportunity, for the
23Department of Commerce and Economic Opportunity.
24    Director of Corrections, for the Department of
25Corrections.

 

 

10300SB0001sam001- 115 -LRB103 25137 RJT 70254 a

1    Director of the Illinois Emergency Management Agency, for
2the Illinois Emergency Management Agency.
3    Secretary of Early Childhood, for the Department of Early
4Childhood.
5    Director of Employment Security, for the Department of
6Employment Security.
7    Secretary of Financial and Professional Regulation, for
8the Department of Financial and Professional Regulation.
9    Director of Healthcare and Family Services, for the
10Department of Healthcare and Family Services.
11    Director of Human Rights, for the Department of Human
12Rights.
13    Secretary of Human Services, for the Department of Human
14Services.
15    Secretary of Innovation and Technology, for the Department
16of Innovation and Technology.
17    Director of Insurance, for the Department of Insurance.
18    Director of Juvenile Justice, for the Department of
19Juvenile Justice.
20    Director of Labor, for the Department of Labor.
21    Director of the Lottery, for the Department of the
22Lottery.
23    Director of Natural Resources, for the Department of
24Natural Resources.
25    Director of Public Health, for the Department of Public
26Health.

 

 

10300SB0001sam001- 116 -LRB103 25137 RJT 70254 a

1    Director of Revenue, for the Department of Revenue.
2    Director of the Illinois State Police, for the Illinois
3State Police.
4    Secretary of Transportation, for the Department of
5Transportation.
6    Director of Veterans' Affairs, for the Department of
7Veterans' Affairs.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    (20 ILCS 5/5-126 new)
10    Sec. 5-126. In the Department of Early Childhood.
11Secretary and Assistant Secretaries of Early Childhood.
 
12    (20 ILCS 5/5-336 new)
13    Sec. 5-336. In the Department of Early Childhood. For
14terms beginning on or after July 1, 2024, the Secretary shall
15receive an annual salary of $200,000 or as set by the Governor,
16whichever is higher. On July 1, 2025, and on each July 1
17thereafter, the Secretary shall receive an increase in salary
18based on the cost of living adjustment as authorized by Senate
19Joint Resolution 192 of the 86th General Assembly.
 
20    Section 90-10. The Children and Family Services Act is
21amended by changing Sections 5.15, 5.20, 22.1, 34.9, and 34.10
22as follows:
 

 

 

10300SB0001sam001- 117 -LRB103 25137 RJT 70254 a

1    (20 ILCS 505/5.15)
2    Sec. 5.15. Daycare; Department of Human Services.
3    (a) For the purpose of ensuring effective statewide
4planning, development, and utilization of resources for the
5day care of children, operated under various auspices, the
6Department of Human Services is designated to coordinate all
7day care activities for children of the State and shall
8develop or continue, and shall update every year, a State
9comprehensive day-care plan for submission to the Governor
10that identifies high-priority areas and groups, relating them
11to available resources and identifying the most effective
12approaches to the use of existing day care services. The State
13comprehensive day-care plan shall be made available to the
14General Assembly following the Governor's approval of the
15plan.
16    The plan shall include methods and procedures for the
17development of additional day care resources for children to
18meet the goal of reducing short-run and long-run dependency
19and to provide necessary enrichment and stimulation to the
20education of young children. Recommendations shall be made for
21State policy on optimum use of private and public, local,
22State and federal resources, including an estimate of the
23resources needed for the licensing and regulation of day care
24facilities.
25    A written report shall be submitted to the Governor and
26the General Assembly annually on April 15. The report shall

 

 

10300SB0001sam001- 118 -LRB103 25137 RJT 70254 a

1include an evaluation of developments over the preceding
2fiscal year, including cost-benefit analyses of various
3arrangements. Beginning with the report in 1990 submitted by
4the Department's predecessor agency and every 2 years
5thereafter, the report shall also include the following:
6        (1) An assessment of the child care services, needs
7    and available resources throughout the State and an
8    assessment of the adequacy of existing child care
9    services, including, but not limited to, services assisted
10    under this Act and under any other program administered by
11    other State agencies.
12        (2) A survey of day care facilities to determine the
13    number of qualified caregivers, as defined by rule,
14    attracted to vacant positions and any problems encountered
15    by facilities in attracting and retaining capable
16    caregivers. The report shall include an assessment, based
17    on the survey, of improvements in employee benefits that
18    may attract capable caregivers.
19        (3) The average wages and salaries and fringe benefit
20    packages paid to caregivers throughout the State, computed
21    on a regional basis, compared to similarly qualified
22    employees in other but related fields.
23        (4) The qualifications of new caregivers hired at
24    licensed day care facilities during the previous 2-year
25    period.
26        (5) Recommendations for increasing caregiver wages and

 

 

10300SB0001sam001- 119 -LRB103 25137 RJT 70254 a

1    salaries to ensure quality care for children.
2        (6) Evaluation of the fee structure and income
3    eligibility for child care subsidized by the State.
4    The requirement for reporting to the General Assembly
5shall be satisfied by filing copies of the report as required
6by Section 3.1 of the General Assembly Organization Act, and
7filing such additional copies with the State Government Report
8Distribution Center for the General Assembly as is required
9under paragraph (t) of Section 7 of the State Library Act.
10    (b) The Department of Human Services shall establish
11policies and procedures for developing and implementing
12interagency agreements with other agencies of the State
13providing child care services or reimbursement for such
14services. The plans shall be annually reviewed and modified
15for the purpose of addressing issues of applicability and
16service system barriers.
17    (c) In cooperation with other State agencies, the
18Department of Human Services shall develop and implement, or
19shall continue, a resource and referral system for the State
20of Illinois either within the Department or by contract with
21local or regional agencies. Funding for implementation of this
22system may be provided through Department appropriations or
23other inter-agency funding arrangements. The resource and
24referral system shall provide at least the following services:
25        (1) Assembling and maintaining a data base on the
26    supply of child care services.

 

 

10300SB0001sam001- 120 -LRB103 25137 RJT 70254 a

1        (2) Providing information and referrals for parents.
2        (3) Coordinating the development of new child care
3    resources.
4        (4) Providing technical assistance and training to
5    child care service providers.
6        (5) Recording and analyzing the demand for child care
7    services.
8    (d) The Department of Human Services shall conduct day
9care planning activities with the following priorities:
10        (1) Development of voluntary day care resources
11    wherever possible, with the provision for grants-in-aid
12    only where demonstrated to be useful and necessary as
13    incentives or supports. By January 1, 2002, the Department
14    shall design a plan to create more child care slots as well
15    as goals and timetables to improve quality and
16    accessibility of child care.
17        (2) Emphasis on service to children of recipients of
18    public assistance when such service will allow training or
19    employment of the parent toward achieving the goal of
20    independence.
21        (3) (Blank).
22        (4) Care of children from families in stress and
23    crises whose members potentially may become, or are in
24    danger of becoming, non-productive and dependent.
25        (5) Expansion of family day care facilities wherever
26    possible.

 

 

10300SB0001sam001- 121 -LRB103 25137 RJT 70254 a

1        (6) Location of centers in economically depressed
2    neighborhoods, preferably in multi-service centers with
3    cooperation of other agencies. The Department shall
4    coordinate the provision of grants, but only to the extent
5    funds are specifically appropriated for this purpose, to
6    encourage the creation and expansion of child care centers
7    in high need communities to be issued by the State,
8    business, and local governments.
9        (7) Use of existing facilities free of charge or for
10    reasonable rental whenever possible in lieu of
11    construction.
12        (8) Development of strategies for assuring a more
13    complete range of day care options, including provision of
14    day care services in homes, in schools, or in centers,
15    which will enable a parent or parents to complete a course
16    of education or obtain or maintain employment and the
17    creation of more child care options for swing shift,
18    evening, and weekend workers and for working women with
19    sick children. The Department shall encourage companies to
20    provide child care in their own offices or in the building
21    in which the corporation is located so that employees of
22    all the building's tenants can benefit from the facility.
23        (9) Development of strategies for subsidizing students
24    pursuing degrees in the child care field.
25        (10) Continuation and expansion of service programs
26    that assist teen parents to continue and complete their

 

 

10300SB0001sam001- 122 -LRB103 25137 RJT 70254 a

1    education.
2    Emphasis shall be given to support services that will help
3to ensure such parents' graduation from high school and to
4services for participants in any programs of job training
5conducted by the Department.
6    (e) The Department of Human Services shall actively
7stimulate the development of public and private resources at
8the local level. It shall also seek the fullest utilization of
9federal funds directly or indirectly available to the
10Department.
11    Where appropriate, existing non-governmental agencies or
12associations shall be involved in planning by the Department.
13    (f) To better accommodate the child care needs of low
14income working families, especially those who receive
15Temporary Assistance for Needy Families (TANF) or who are
16transitioning from TANF to work, or who are at risk of
17depending on TANF in the absence of child care, the Department
18shall complete a study using outcome-based assessment
19measurements to analyze the various types of child care needs,
20including but not limited to: child care homes; child care
21facilities; before and after school care; and evening and
22weekend care. Based upon the findings of the study, the
23Department shall develop a plan by April 15, 1998, that
24identifies the various types of child care needs within
25various geographic locations. The plan shall include, but not
26be limited to, the special needs of parents and guardians in

 

 

10300SB0001sam001- 123 -LRB103 25137 RJT 70254 a

1need of non-traditional child care services such as early
2mornings, evenings, and weekends; the needs of very low income
3families and children and how they might be better served; and
4strategies to assist child care providers to meet the needs
5and schedules of low income families.
6    (g) This Section is repealed on July 1, 2026.
7(Source: P.A. 100-1148, eff. 12-10-18.)
 
8    (20 ILCS 505/5.20)
9    Sec. 5.20. Child care for former public aid recipients;
10Department of Human Services. The Department of Human Services
11may provide child care services to former recipients of
12assistance under the Illinois Public Aid Code as authorized by
13Section 9-6.3 of that Code. This Section is repealed on July 1,
142026.
15(Source: P.A. 89-507, eff. 7-1-97.)
 
16    (20 ILCS 505/22.1)  (from Ch. 23, par. 5022.1)
17    Sec. 22.1. Grants-in-aid for child care services;
18Department of Human Services.
19    (a) Blank.
20    (b) Blank.
21    (c) The Department of Human Services shall establish and
22operate day care facilities for the children of migrant
23workers in areas of the State where they are needed. The
24Department may provide these day care services by contracting

 

 

10300SB0001sam001- 124 -LRB103 25137 RJT 70254 a

1with private centers if practicable. "Migrant worker" means
2any person who moves seasonally from one place to another,
3within or without the State, for the purpose of employment in
4agricultural activities. This Section is repealed on July 1,
52026.
6(Source: P.A. 97-516, eff. 8-23-11.)
 
7    (20 ILCS 505/34.9)  (from Ch. 23, par. 5034.9)
8    Sec. 34.9. The Department may, in conjunction with
9colleges or universities in this State, establish programs to
10train low-income older persons to be child care workers. The
11Department shall prescribe, by rule:
12    (a) age and income qualifications for persons to be
13trained under such programs; and
14    (b) standards for such programs to ensure that such
15programs train participants to be skilled workers for the
16child care industry.
17    This Section is repealed on July 1, 2026.
18(Source: P.A. 86-889.)
 
19    (20 ILCS 505/34.10)  (from Ch. 23, par. 5034.10)
20    Sec. 34.10. Home child care demonstration project;
21conversion and renovation grants; Department of Human
22Services.
23    (a) The legislature finds that the demand for quality
24child care far outweighs the number of safe, quality spaces

 

 

10300SB0001sam001- 125 -LRB103 25137 RJT 70254 a

1for our children. The purpose of this Section is to increase
2the number of child care providers by:
3        (1) developing a demonstration project to train
4    individuals to become home child care providers who are
5    able to establish and operate their own child care
6    facility; and
7        (2) providing grants to convert and renovate existing
8    facilities.
9    (b) The Department of Human Services may from
10appropriations from the Child Care Development Block Grant
11establish a demonstration project to train individuals to
12become home child care providers who are able to establish and
13operate their own home-based child care facilities. The
14Department of Human Services is authorized to use funds for
15this purpose from the child care and development funds
16deposited into the DHS Special Purposes Trust Fund as
17described in Section 12-10 of the Illinois Public Aid Code or
18deposited into the Employment and Training Fund as described
19in Section 12-10.3 of the Illinois Public Aid Code. As an
20economic development program, the project's focus is to foster
21individual self-sufficiency through an entrepreneurial
22approach by the creation of new jobs and opening of new small
23home-based child care businesses. The demonstration project
24shall involve coordination among State and county governments
25and the private sector, including but not limited to: the
26community college system, the Departments of Labor and

 

 

10300SB0001sam001- 126 -LRB103 25137 RJT 70254 a

1Commerce and Economic Opportunity, the State Board of
2Education, large and small private businesses, nonprofit
3programs, unions, and child care providers in the State.
4    The Department shall submit:
5        (1) a progress report on the demonstration project to
6    the legislature by one year after January 1, 1992 (the
7    effective date of Public Act 87-332); and
8        (2) a final evaluation report on the demonstration
9    project, including findings and recommendations, to the
10    legislature by one year after the due date of the progress
11    report.
12    (c) The Department of Human Services may from
13appropriations from the Child Care Development Block Grant
14provide grants to family child care providers and center based
15programs to convert and renovate existing facilities, to the
16extent permitted by federal law, so additional family child
17care homes and child care centers can be located in such
18facilities.
19        (1) Applications for grants shall be made to the
20    Department and shall contain information as the Department
21    shall require by rule. Every applicant shall provide
22    assurance to the Department that:
23            (A) the facility to be renovated or improved shall
24        be used as family child care home or child care center
25        for a continuous period of at least 5 years;
26            (B) any family child care home or child care

 

 

10300SB0001sam001- 127 -LRB103 25137 RJT 70254 a

1        center program located in a renovated or improved
2        facility shall be licensed by the Department;
3            (C) the program shall comply with applicable
4        federal and State laws prohibiting discrimination
5        against any person on the basis of race, color,
6        national origin, religion, creed, or sex;
7            (D) the grant shall not be used for purposes of
8        entertainment or perquisites;
9            (E) the applicant shall comply with any other
10        requirement the Department may prescribe to ensure
11        adherence to applicable federal, State, and county
12        laws;
13            (F) all renovations and improvements undertaken
14        with funds received under this Section shall comply
15        with all applicable State and county statutes and
16        ordinances including applicable building codes and
17        structural requirements of the Department; and
18            (G) the applicant shall indemnify and save
19        harmless the State and its officers, agents, and
20        employees from and against any and all claims arising
21        out of or resulting from the renovation and
22        improvements made with funds provided by this Section,
23        and, upon request of the Department, the applicant
24        shall procure sufficient insurance to provide that
25        indemnification.
26        (2) To receive a grant under this Section to convert

 

 

10300SB0001sam001- 128 -LRB103 25137 RJT 70254 a

1    an existing facility into a family child care home or
2    child care center facility, the applicant shall:
3            (A) agree to make available to the Department of
4        Human Services all records it may have relating to the
5        operation of any family child care home and child care
6        center facility, and to allow State agencies to
7        monitor its compliance with the purpose of this
8        Section;
9            (B) agree that, if the facility is to be altered or
10        improved, or is to be used by other groups, moneys
11        appropriated by this Section shall be used for
12        renovating or improving the facility only to the
13        proportionate extent that the floor space will be used
14        by the child care program; and
15            (C) establish, to the satisfaction of the
16        Department that sufficient funds are available for the
17        effective use of the facility for the purpose for
18        which it is being renovated or improved.
19        (3) In selecting applicants for funding, the
20    Department shall make every effort to ensure that family
21    child care home or child care center facilities are
22    equitably distributed throughout the State according to
23    demographic need. The Department shall give priority
24    consideration to rural/Downstate areas of the State that
25    are currently experiencing a shortage of child care
26    services.

 

 

10300SB0001sam001- 129 -LRB103 25137 RJT 70254 a

1        (4) In considering applications for grants to renovate
2    or improve an existing facility used for the operations of
3    a family child care home or child care center, the
4    Department shall give preference to applications to
5    renovate facilities most in need of repair to address
6    safety and habitability concerns. No grant shall be
7    disbursed unless an agreement is entered into between the
8    applicant and the State, by and through the Department.
9    The agreement shall include the assurances and conditions
10    required by this Section and any other terms which the
11    Department may require.
12    (d) This Section is repealed on July 1, 2026.
13(Source: P.A. 103-363, eff. 7-28-23.)
 
14    Section 90-15. The Department of Human Services Act is
15amended by changing Sections 1-75, 10-16, and 10-22 as
16follows:
 
17    (20 ILCS 1305/1-75)
18    Sec. 1-75. Off-Hours Child Care Program.
19    (a) Legislative intent. The General Assembly finds that:
20        (1) Finding child care can be a challenge for
21    firefighters, paramedics, police officers, nurses, and
22    other third shift workers across the State who often work
23    non-typical work hours. This can impact home life, school,
24    bedtime routines, job safety, and the mental health of

 

 

10300SB0001sam001- 130 -LRB103 25137 RJT 70254 a

1    some of our most critical front line workers and their
2    families.
3        (2) There is a need for increased options for
4    off-hours child care in the State. A majority of the
5    State's child care facilities do not provide care outside
6    of normal work hours, with just 3,251 day care homes and
7    435 group day care homes that provide night care.
8        (3) Illinois has a vested interest in ensuring that
9    our first responders and working families can provide
10    their children with appropriate care during off hours to
11    improve the morale of existing first responders and to
12    improve recruitment into the future.
13    (b) As used in this Section, "first responders" means
14emergency medical services personnel as defined in the
15Emergency Medical Services (EMS) Systems Act, firefighters,
16law enforcement officers, and, as determined by the
17Department, any other workers who, on account of their work
18schedule, need child care outside of the hours when licensed
19child care facilities typically operate.
20    (c) Subject to appropriation, the Department of Human
21Services shall establish and administer an Off-Hours Child
22Care Program to help first responders and other workers
23identify and access off-hours, night, or sleep time child
24care. Services funded under the program must address the child
25care needs of first responders. Funding provided under the
26program may also be used to cover any capital and operating

 

 

10300SB0001sam001- 131 -LRB103 25137 RJT 70254 a

1expenses related to the provision of off-hours, night, or
2sleep time child care for first responders. Funding awarded
3under this Section shall be funded through appropriations from
4the Off-Hours Child Care Program Fund created under subsection
5(d). The Department shall implement the program by July 1,
62023. The Department may adopt any rules necessary to
7implement the program.
8    (d) The Off-Hours Child Care Program Fund is created as a
9special fund in the State treasury. The Fund shall consist of
10any moneys appropriated to the Department of Human Services
11for the Off-Hours Child Care Program. Moneys in the Fund shall
12be expended for the Off-Hours Child Care Program and for no
13other purpose. All interest earned on moneys in the Fund shall
14be deposited into the Fund.
15    (e) This Section is repealed on July 1, 2026.
16(Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.)
 
17    (20 ILCS 1305/10-16)
18    Sec. 10-16. Home visiting program.
19    (a) The General Assembly finds that research-informed home
20visiting programs work to strengthen families' functioning and
21support parents in caring for their children to ensure optimal
22child development.
23    (b) The Department shall establish a home visiting program
24to support communities in providing intensive home visiting
25programs to pregnant persons and families with children from

 

 

10300SB0001sam001- 132 -LRB103 25137 RJT 70254 a

1birth up to elementary school enrollment. Services shall be
2offered on a voluntary basis to families. In awarding grants
3under the program, the Department shall prioritize populations
4or communities in need of such services, as determined by the
5Department, based on data including, but not limited to,
6statewide home visiting needs assessments. Eligibility under
7the program shall also take into consideration requirements of
8the federal Maternal, Infant, and Early Childhood Home
9Visiting Program and Head Start and Early Head Start to ensure
10appropriate alignment. The overall goals for these services
11are to:
12        (1) improve maternal and newborn health;
13        (2) prevent child abuse and neglect;
14        (3) promote children's development and readiness to
15    participate in school; and
16        (4) connect families to needed community resources and
17    supports.
18    (b) Allowable uses of funding include:
19        (1) Grants to community-based organizations to
20    implement home visiting and family support services with
21    fidelity to research-informed home visiting program
22    models, as defined by the Department. Services may
23    include, but are not limited to:
24            (A) personal visits with a child and the child's
25        parent or caregiver at a periodicity aligned with the
26        model being implemented;

 

 

10300SB0001sam001- 133 -LRB103 25137 RJT 70254 a

1            (B) opportunities for connections with other
2        parents and caregivers in their community and other
3        social and community supports;
4            (C) enhancements to research-informed home
5        visiting program models based on community needs
6        including doula services, and other program
7        innovations as approved by the Department; and
8            (D) referrals to other resources needed by
9        families.
10        (2) Infrastructure supports for grantees, including,
11    but not limited to, professional development for the
12    workforce, technical assistance and capacity-building,
13    data system and supports, infant and early childhood
14    mental health consultation, trauma-informed practices,
15    research, universal newborn screening, and coordinated
16    intake.
17    (c) Subject to appropriation, the Department shall award
18grants to community-based agencies in accordance with this
19Section and any other rules that may be adopted by the
20Department. Successful grantees under this program shall
21comply with policies and procedures on program, data, and
22expense reporting as developed by the Department.
23    (d) Funds received under this Section shall supplement,
24not supplant, other existing or new federal, State, or local
25sources of funding for these services. Any new federal funding
26received shall supplement and not supplant funding for this

 

 

10300SB0001sam001- 134 -LRB103 25137 RJT 70254 a

1program.
2    (e) The Department shall collaborate with relevant
3agencies to support the coordination and alignment of home
4visiting services provided through other State and federal
5funds, to the extent possible. The Department shall
6collaborate with the State Board of Education, the Department
7of Healthcare and Family Services, and Head Start and Early
8Head Start in the implementation of these services to support
9alignment with home visiting services provided through the
10Early Childhood Block Grant and the State's Medical Assistance
11Program, respectively, to the extent possible.
12    (f) An advisory committee shall advise the Department
13concerning the implementation of the home visiting program.
14The advisory committee shall make recommendations on policy
15and implementation. The Department shall determine whether the
16advisory committee shall be a newly created body or an
17existing body such as a committee of the Illinois Early
18Learning Council. The advisory committee shall consist of one
19or more representatives of the Department, other members
20representing public and private entities that serve and
21interact with the families served under the home visiting
22program, with the input of families engaged in home visiting
23or related services themselves. Family input may be secured by
24engaging families as members of this advisory committee or as
25a separate committee of family representatives.
26    (g) The Department may adopt any rules necessary to

 

 

10300SB0001sam001- 135 -LRB103 25137 RJT 70254 a

1implement this Section.
2    (i) This Section is repealed on July 1, 2026.
3(Source: P.A. 103-498, eff. 1-1-24.)
 
4    (20 ILCS 1305/10-22)
5    Sec. 10-22. Great START program.
6    (a) The Department of Human Services shall, subject to a
7specific appropriation for this purpose, operate a Great START
8(Strategy To Attract and Retain Teachers) program. The goal of
9the program is to improve children's developmental and
10educational outcomes in child care by encouraging increased
11professional preparation by staff and staff retention. The
12Great START program shall coordinate with the TEACH
13professional development program.
14    The program shall provide wage supplements and may include
15other incentives to licensed child care center personnel,
16including early childhood teachers, school-age workers, early
17childhood assistants, school-age assistants, and directors, as
18such positions are defined by administrative rule of the
19Department of Children and Family Services. The program shall
20provide wage supplements and may include other incentives to
21licensed family day care home personnel and licensed group day
22care home personnel, including caregivers and assistants as
23such positions are defined by administrative rule of the
24Department of Children and Family Services. Individuals will
25receive supplements commensurate with their qualifications.

 

 

10300SB0001sam001- 136 -LRB103 25137 RJT 70254 a

1    (b) (Blank).
2    (c) The Department shall, by rule, define the scope and
3operation of the program, including a wage supplement scale.
4The scale shall pay increasing amounts for higher levels of
5educational attainment beyond minimum qualifications and shall
6recognize longevity of employment. Subject to the availability
7of sufficient appropriation, the wage supplements shall be
8paid to child care personnel in the form of bonuses at 6 month
9intervals. Six months of continuous service with a single
10employer is required to be eligible to receive a wage
11supplement bonus. Wage supplements shall be paid directly to
12individual day care personnel, not to their employers.
13Eligible individuals must provide to the Department or its
14agent all information and documentation, including but not
15limited to college transcripts, to demonstrate their
16qualifications for a particular wage supplement level.
17    If appropriations permit, the Department may include
18one-time signing bonuses or other incentives to help providers
19attract staff, provided that the signing bonuses are less than
20the supplement staff would have received if they had remained
21employed with another day care center or family day care home.
22    If appropriations permit, the Department may include
23one-time longevity bonuses or other incentives to recognize
24staff who have remained with a single employer.
25    (d) (Blank).
26    (e) This Section is repealed on July 1, 2026.

 

 

10300SB0001sam001- 137 -LRB103 25137 RJT 70254 a

1(Source: P.A. 93-711, eff. 7-12-04.)
 
2    Section 90-20. The Illinois Early Learning Council Act is
3amended by changing Section 10 as follows:
 
4    (20 ILCS 3933/10)
5    Sec. 10. Membership. The Illinois Early Learning Council
6shall include representation from both public and private
7organizations, and its membership shall reflect regional,
8racial, and cultural diversity to ensure representation of the
9needs of all Illinois children. One member shall be appointed
10by the President of the Senate, one member appointed by the
11Minority Leader of the Senate, one member appointed by the
12Speaker of the House of Representatives, one member appointed
13by the Minority Leader of the House of Representatives, and
14other members appointed by the Governor. The Governor's
15appointments shall include without limitation the following:
16        (1) A leader of stature from the Governor's office, to
17    serve as co-chairperson of the Council.
18        (2) The chief administrators of the following State
19    agencies: Department of Early Childhood, State Board of
20    Education; Department of Human Services; Department of
21    Children and Family Services; Department of Public Health;
22    Department of Healthcare and Family Services; Board of
23    Higher Education; and Illinois Community College Board.
24        (3) Local government stakeholders and nongovernment

 

 

10300SB0001sam001- 138 -LRB103 25137 RJT 70254 a

1    stakeholders with an interest in early childhood care and
2    education, including representation from the following
3    private-sector fields and constituencies: early childhood
4    education and development; child care; child advocacy;
5    parenting support; local community collaborations among
6    early care and education programs and services; maternal
7    and child health; children with special needs; business;
8    labor; and law enforcement. The Governor shall designate
9    one of the members who is a nongovernment stakeholder to
10    serve as co-chairperson.
11In addition, the Governor shall request that the Region V
12office of the U.S. Department of Health and Human Services'
13Administration for Children and Families appoint a member to
14the Council to represent federal children's programs and
15services.
16    Members appointed by General Assembly members and members
17appointed by the Governor who are local government or
18nongovernment stakeholders shall serve 3-year terms, except
19that of the initial appointments, half of these members, as
20determined by lot, shall be appointed to 2-year terms so that
21terms are staggered. Members shall serve on a voluntary,
22unpaid basis.
23(Source: P.A. 95-331, eff. 8-21-07.)
 
24    Section 90-25. The Illinois Procurement Code is amended by
25changing Section 1-10 as follows:
 

 

 

10300SB0001sam001- 139 -LRB103 25137 RJT 70254 a

1    (30 ILCS 500/1-10)
2    Sec. 1-10. Application.
3    (a) This Code applies only to procurements for which
4bidders, offerors, potential contractors, or contractors were
5first solicited on or after July 1, 1998. This Code shall not
6be construed to affect or impair any contract, or any
7provision of a contract, entered into based on a solicitation
8prior to the implementation date of this Code as described in
9Article 99, including, but not limited to, any covenant
10entered into with respect to any revenue bonds or similar
11instruments. All procurements for which contracts are
12solicited between the effective date of Articles 50 and 99 and
13July 1, 1998 shall be substantially in accordance with this
14Code and its intent.
15    (b) This Code shall apply regardless of the source of the
16funds with which the contracts are paid, including federal
17assistance moneys. This Code shall not apply to:
18        (1) Contracts between the State and its political
19    subdivisions or other governments, or between State
20    governmental bodies, except as specifically provided in
21    this Code.
22        (2) Grants, except for the filing requirements of
23    Section 20-80.
24        (3) Purchase of care, except as provided in Section
25    5-30.6 of the Illinois Public Aid Code and this Section.

 

 

10300SB0001sam001- 140 -LRB103 25137 RJT 70254 a

1        (4) Hiring of an individual as an employee and not as
2    an independent contractor, whether pursuant to an
3    employment code or policy or by contract directly with
4    that individual.
5        (5) Collective bargaining contracts.
6        (6) Purchase of real estate, except that notice of
7    this type of contract with a value of more than $25,000
8    must be published in the Procurement Bulletin within 10
9    calendar days after the deed is recorded in the county of
10    jurisdiction. The notice shall identify the real estate
11    purchased, the names of all parties to the contract, the
12    value of the contract, and the effective date of the
13    contract.
14        (7) Contracts necessary to prepare for anticipated
15    litigation, enforcement actions, or investigations,
16    provided that the chief legal counsel to the Governor
17    shall give his or her prior approval when the procuring
18    agency is one subject to the jurisdiction of the Governor,
19    and provided that the chief legal counsel of any other
20    procuring entity subject to this Code shall give his or
21    her prior approval when the procuring entity is not one
22    subject to the jurisdiction of the Governor.
23        (8) (Blank).
24        (9) Procurement expenditures by the Illinois
25    Conservation Foundation when only private funds are used.
26        (10) (Blank).

 

 

10300SB0001sam001- 141 -LRB103 25137 RJT 70254 a

1        (11) Public-private agreements entered into according
2    to the procurement requirements of Section 20 of the
3    Public-Private Partnerships for Transportation Act and
4    design-build agreements entered into according to the
5    procurement requirements of Section 25 of the
6    Public-Private Partnerships for Transportation Act.
7        (12) (A) Contracts for legal, financial, and other
8    professional and artistic services entered into by the
9    Illinois Finance Authority in which the State of Illinois
10    is not obligated. Such contracts shall be awarded through
11    a competitive process authorized by the members of the
12    Illinois Finance Authority and are subject to Sections
13    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
14    as well as the final approval by the members of the
15    Illinois Finance Authority of the terms of the contract.
16        (B) Contracts for legal and financial services entered
17    into by the Illinois Housing Development Authority in
18    connection with the issuance of bonds in which the State
19    of Illinois is not obligated. Such contracts shall be
20    awarded through a competitive process authorized by the
21    members of the Illinois Housing Development Authority and
22    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
23    and 50-37 of this Code, as well as the final approval by
24    the members of the Illinois Housing Development Authority
25    of the terms of the contract.
26        (13) Contracts for services, commodities, and

 

 

10300SB0001sam001- 142 -LRB103 25137 RJT 70254 a

1    equipment to support the delivery of timely forensic
2    science services in consultation with and subject to the
3    approval of the Chief Procurement Officer as provided in
4    subsection (d) of Section 5-4-3a of the Unified Code of
5    Corrections, except for the requirements of Sections
6    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
7    Code; however, the Chief Procurement Officer may, in
8    writing with justification, waive any certification
9    required under Article 50 of this Code. For any contracts
10    for services which are currently provided by members of a
11    collective bargaining agreement, the applicable terms of
12    the collective bargaining agreement concerning
13    subcontracting shall be followed.
14        On and after January 1, 2019, this paragraph (13),
15    except for this sentence, is inoperative.
16        (14) Contracts for participation expenditures required
17    by a domestic or international trade show or exhibition of
18    an exhibitor, member, or sponsor.
19        (15) Contracts with a railroad or utility that
20    requires the State to reimburse the railroad or utilities
21    for the relocation of utilities for construction or other
22    public purpose. Contracts included within this paragraph
23    (15) shall include, but not be limited to, those
24    associated with: relocations, crossings, installations,
25    and maintenance. For the purposes of this paragraph (15),
26    "railroad" means any form of non-highway ground

 

 

10300SB0001sam001- 143 -LRB103 25137 RJT 70254 a

1    transportation that runs on rails or electromagnetic
2    guideways and "utility" means: (1) public utilities as
3    defined in Section 3-105 of the Public Utilities Act, (2)
4    telecommunications carriers as defined in Section 13-202
5    of the Public Utilities Act, (3) electric cooperatives as
6    defined in Section 3.4 of the Electric Supplier Act, (4)
7    telephone or telecommunications cooperatives as defined in
8    Section 13-212 of the Public Utilities Act, (5) rural
9    water or waste water systems with 10,000 connections or
10    less, (6) a holder as defined in Section 21-201 of the
11    Public Utilities Act, and (7) municipalities owning or
12    operating utility systems consisting of public utilities
13    as that term is defined in Section 11-117-2 of the
14    Illinois Municipal Code.
15        (16) Procurement expenditures necessary for the
16    Department of Public Health to provide the delivery of
17    timely newborn screening services in accordance with the
18    Newborn Metabolic Screening Act.
19        (17) Procurement expenditures necessary for the
20    Department of Agriculture, the Department of Financial and
21    Professional Regulation, the Department of Human Services,
22    and the Department of Public Health to implement the
23    Compassionate Use of Medical Cannabis Program and Opioid
24    Alternative Pilot Program requirements and ensure access
25    to medical cannabis for patients with debilitating medical
26    conditions in accordance with the Compassionate Use of

 

 

10300SB0001sam001- 144 -LRB103 25137 RJT 70254 a

1    Medical Cannabis Program Act.
2        (18) This Code does not apply to any procurements
3    necessary for the Department of Agriculture, the
4    Department of Financial and Professional Regulation, the
5    Department of Human Services, the Department of Commerce
6    and Economic Opportunity, and the Department of Public
7    Health to implement the Cannabis Regulation and Tax Act if
8    the applicable agency has made a good faith determination
9    that it is necessary and appropriate for the expenditure
10    to fall within this exemption and if the process is
11    conducted in a manner substantially in accordance with the
12    requirements of Sections 20-160, 25-60, 30-22, 50-5,
13    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
14    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
15    Section 50-35, compliance applies only to contracts or
16    subcontracts over $100,000. Notice of each contract
17    entered into under this paragraph (18) that is related to
18    the procurement of goods and services identified in
19    paragraph (1) through (9) of this subsection shall be
20    published in the Procurement Bulletin within 14 calendar
21    days after contract execution. The Chief Procurement
22    Officer shall prescribe the form and content of the
23    notice. Each agency shall provide the Chief Procurement
24    Officer, on a monthly basis, in the form and content
25    prescribed by the Chief Procurement Officer, a report of
26    contracts that are related to the procurement of goods and

 

 

10300SB0001sam001- 145 -LRB103 25137 RJT 70254 a

1    services identified in this subsection. At a minimum, this
2    report shall include the name of the contractor, a
3    description of the supply or service provided, the total
4    amount of the contract, the term of the contract, and the
5    exception to this Code utilized. A copy of any or all of
6    these contracts shall be made available to the Chief
7    Procurement Officer immediately upon request. The Chief
8    Procurement Officer shall submit a report to the Governor
9    and General Assembly no later than November 1 of each year
10    that includes, at a minimum, an annual summary of the
11    monthly information reported to the Chief Procurement
12    Officer. This exemption becomes inoperative 5 years after
13    June 25, 2019 (the effective date of Public Act 101-27).
14        (19) Acquisition of modifications or adjustments,
15    limited to assistive technology devices and assistive
16    technology services, adaptive equipment, repairs, and
17    replacement parts to provide reasonable accommodations (i)
18    that enable a qualified applicant with a disability to
19    complete the job application process and be considered for
20    the position such qualified applicant desires, (ii) that
21    modify or adjust the work environment to enable a
22    qualified current employee with a disability to perform
23    the essential functions of the position held by that
24    employee, (iii) to enable a qualified current employee
25    with a disability to enjoy equal benefits and privileges
26    of employment as are enjoyed by other similarly situated

 

 

10300SB0001sam001- 146 -LRB103 25137 RJT 70254 a

1    employees without disabilities, and (iv) that allow a
2    customer, client, claimant, or member of the public
3    seeking State services full use and enjoyment of and
4    access to its programs, services, or benefits.
5        For purposes of this paragraph (19):
6        "Assistive technology devices" means any item, piece
7    of equipment, or product system, whether acquired
8    commercially off the shelf, modified, or customized, that
9    is used to increase, maintain, or improve functional
10    capabilities of individuals with disabilities.
11        "Assistive technology services" means any service that
12    directly assists an individual with a disability in
13    selection, acquisition, or use of an assistive technology
14    device.
15        "Qualified" has the same meaning and use as provided
16    under the federal Americans with Disabilities Act when
17    describing an individual with a disability.
18        (20) Procurement expenditures necessary for the
19    Illinois Commerce Commission to hire third-party
20    facilitators pursuant to Sections 16-105.17 and 16-108.18
21    of the Public Utilities Act or an ombudsman pursuant to
22    Section 16-107.5 of the Public Utilities Act, a
23    facilitator pursuant to Section 16-105.17 of the Public
24    Utilities Act, or a grid auditor pursuant to Section
25    16-105.10 of the Public Utilities Act.
26        (21) Procurement expenditures for the purchase,

 

 

10300SB0001sam001- 147 -LRB103 25137 RJT 70254 a

1    renewal, and expansion of software, software licenses, or
2    software maintenance agreements that support the efforts
3    of the Illinois State Police to enforce, regulate, and
4    administer the Firearm Owners Identification Card Act, the
5    Firearm Concealed Carry Act, the Firearms Restraining
6    Order Act, the Firearm Dealer License Certification Act,
7    the Law Enforcement Agencies Data System (LEADS), the
8    Uniform Crime Reporting Act, the Criminal Identification
9    Act, the Illinois Uniform Conviction Information Act, and
10    the Gun Trafficking Information Act, or establish or
11    maintain record management systems necessary to conduct
12    human trafficking investigations or gun trafficking or
13    other stolen firearm investigations. This paragraph (21)
14    applies to contracts entered into on or after January 10,
15    2023 (the effective date of Public Act 102-1116) and the
16    renewal of contracts that are in effect on January 10,
17    2023 (the effective date of Public Act 102-1116).
18        (22) Contracts for project management services and
19    system integration services required for the completion of
20    the State's enterprise resource planning project. This
21    exemption becomes inoperative 5 years after June 7, 2023
22    (the effective date of the changes made to this Section by
23    Public Act 103-8). This paragraph (22) applies to
24    contracts entered into on or after June 7, 2023 (the
25    effective date of the changes made to this Section by
26    Public Act 103-8) and the renewal of contracts that are in

 

 

10300SB0001sam001- 148 -LRB103 25137 RJT 70254 a

1    effect on June 7, 2023 (the effective date of the changes
2    made to this Section by Public Act 103-8).
3        (23) Procurements necessary for the Department of
4    Insurance to implement the Illinois Health Benefits
5    Exchange Law if the Department of Insurance has made a
6    good faith determination that it is necessary and
7    appropriate for the expenditure to fall within this
8    exemption. The procurement process shall be conducted in a
9    manner substantially in accordance with the requirements
10    of Sections 20-160 and 25-60 and Article 50 of this Code. A
11    copy of these contracts shall be made available to the
12    Chief Procurement Officer immediately upon request. This
13    paragraph is inoperative 5 years after June 27, 2023 (the
14    effective date of Public Act 103-103).
15        (24) (22) Contracts for public education programming,
16    noncommercial sustaining announcements, public service
17    announcements, and public awareness and education
18    messaging with the nonprofit trade associations of the
19    providers of those services that inform the public on
20    immediate and ongoing health and safety risks and hazards.
21        (25) Contracts necessary for the creation of the
22    Department of Early Childhood and the implementation of
23    the Department's core mission are not subject to this
24    Code, provided that the process shall be conducted in a
25    manner substantially in accordance with the requirements
26    of the following sections of this Code: 20-160, 50-5,

 

 

10300SB0001sam001- 149 -LRB103 25137 RJT 70254 a

1    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
2    50-36, 50-37, 50-38, and 50-50. This Section becomes
3    inoperative on July 1, 2027.
4    Notwithstanding any other provision of law, for contracts
5with an annual value of more than $100,000 entered into on or
6after October 1, 2017 under an exemption provided in any
7paragraph of this subsection (b), except paragraph (1), (2),
8or (5), each State agency shall post to the appropriate
9procurement bulletin the name of the contractor, a description
10of the supply or service provided, the total amount of the
11contract, the term of the contract, and the exception to the
12Code utilized. The chief procurement officer shall submit a
13report to the Governor and General Assembly no later than
14November 1 of each year that shall include, at a minimum, an
15annual summary of the monthly information reported to the
16chief procurement officer.
17    (c) This Code does not apply to the electric power
18procurement process provided for under Section 1-75 of the
19Illinois Power Agency Act and Section 16-111.5 of the Public
20Utilities Act. This Code does not apply to the procurement of
21technical and policy experts pursuant to Section 1-129 of the
22Illinois Power Agency Act.
23    (d) Except for Section 20-160 and Article 50 of this Code,
24and as expressly required by Section 9.1 of the Illinois
25Lottery Law, the provisions of this Code do not apply to the
26procurement process provided for under Section 9.1 of the

 

 

10300SB0001sam001- 150 -LRB103 25137 RJT 70254 a

1Illinois Lottery Law.
2    (e) This Code does not apply to the process used by the
3Capital Development Board to retain a person or entity to
4assist the Capital Development Board with its duties related
5to the determination of costs of a clean coal SNG brownfield
6facility, as defined by Section 1-10 of the Illinois Power
7Agency Act, as required in subsection (h-3) of Section 9-220
8of the Public Utilities Act, including calculating the range
9of capital costs, the range of operating and maintenance
10costs, or the sequestration costs or monitoring the
11construction of clean coal SNG brownfield facility for the
12full duration of construction.
13    (f) (Blank).
14    (g) (Blank).
15    (h) This Code does not apply to the process to procure or
16contracts entered into in accordance with Sections 11-5.2 and
1711-5.3 of the Illinois Public Aid Code.
18    (i) Each chief procurement officer may access records
19necessary to review whether a contract, purchase, or other
20expenditure is or is not subject to the provisions of this
21Code, unless such records would be subject to attorney-client
22privilege.
23    (j) This Code does not apply to the process used by the
24Capital Development Board to retain an artist or work or works
25of art as required in Section 14 of the Capital Development
26Board Act.

 

 

10300SB0001sam001- 151 -LRB103 25137 RJT 70254 a

1    (k) This Code does not apply to the process to procure
2contracts, or contracts entered into, by the State Board of
3Elections or the State Electoral Board for hearing officers
4appointed pursuant to the Election Code.
5    (l) This Code does not apply to the processes used by the
6Illinois Student Assistance Commission to procure supplies and
7services paid for from the private funds of the Illinois
8Prepaid Tuition Fund. As used in this subsection (l), "private
9funds" means funds derived from deposits paid into the
10Illinois Prepaid Tuition Trust Fund and the earnings thereon.
11    (m) This Code shall apply regardless of the source of
12funds with which contracts are paid, including federal
13assistance moneys. Except as specifically provided in this
14Code, this Code shall not apply to procurement expenditures
15necessary for the Department of Public Health to conduct the
16Healthy Illinois Survey in accordance with Section 2310-431 of
17the Department of Public Health Powers and Duties Law of the
18Civil Administrative Code of Illinois.
19(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
20102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
219-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
22102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
236-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
241-2-24.)
 
25    Section 90-30. The School Code is amended by changing

 

 

10300SB0001sam001- 152 -LRB103 25137 RJT 70254 a

1Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71,
22-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as
3follows:
 
4    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
5    Sec. 1A-4. Powers and duties of the Board.
6    A. (Blank).
7    B. The Board shall determine the qualifications of and
8appoint a chief education officer, to be known as the State
9Superintendent of Education, who may be proposed by the
10Governor and who shall serve at the pleasure of the Board and
11pursuant to a performance-based contract linked to statewide
12student performance and academic improvement within Illinois
13schools. Upon expiration or buyout of the contract of the
14State Superintendent of Education in office on the effective
15date of this amendatory Act of the 93rd General Assembly, a
16State Superintendent of Education shall be appointed by a
17State Board of Education that includes the 7 new Board members
18who were appointed to fill seats of members whose terms were
19terminated on the effective date of this amendatory Act of the
2093rd General Assembly. Thereafter, a State Superintendent of
21Education must, at a minimum, be appointed at the beginning of
22each term of a Governor after that Governor has made
23appointments to the Board. A performance-based contract issued
24for the employment of a State Superintendent of Education
25entered into on or after the effective date of this amendatory

 

 

10300SB0001sam001- 153 -LRB103 25137 RJT 70254 a

1Act of the 93rd General Assembly must expire no later than
2February 1, 2007, and subsequent contracts must expire no
3later than February 1 each 4 years thereafter. No contract
4shall be extended or renewed beyond February 1, 2007 and
5February 1 each 4 years thereafter, but a State Superintendent
6of Education shall serve until his or her successor is
7appointed. Each contract entered into on or before January 8,
82007 with a State Superintendent of Education must provide
9that the State Board of Education may terminate the contract
10for cause, and the State Board of Education shall not
11thereafter be liable for further payments under the contract.
12With regard to this amendatory Act of the 93rd General
13Assembly, it is the intent of the General Assembly that,
14beginning with the Governor who takes office on the second
15Monday of January, 2007, a State Superintendent of Education
16be appointed at the beginning of each term of a Governor after
17that Governor has made appointments to the Board. The State
18Superintendent of Education shall not serve as a member of the
19State Board of Education. The Board shall set the compensation
20of the State Superintendent of Education who shall serve as
21the Board's chief executive officer. The Board shall also
22establish the duties, powers and responsibilities of the State
23Superintendent, which shall be included in the State
24Superintendent's performance-based contract along with the
25goals and indicators of student performance and academic
26improvement used to measure the performance and effectiveness

 

 

10300SB0001sam001- 154 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 155 -LRB103 25137 RJT 70254 a

1determine the appropriate relationship between the Board and
2local boards of education and the various State agencies and
3shall recommend desirable modifications in the laws which
4affect schools.
5    D. Two members of the Board shall be appointed by the
6chairperson to serve on a standing joint Education Committee,
72 others shall be appointed from the Board of Higher
8Education, 2 others shall be appointed by the chairperson of
9the Illinois Community College Board, and 2 others shall be
10appointed by the chairperson of the Human Resource Investment
11Council. The Committee shall be responsible for making
12recommendations concerning the submission of any workforce
13development plan or workforce training program required by
14federal law or under any block grant authority. The Committee
15will be responsible for developing policy on matters of mutual
16concern to elementary, secondary and higher education such as
17Occupational and Career Education, Teacher Preparation and
18Licensure, Educational Finance, Articulation between
19Elementary, Secondary and Higher Education and Research and
20Planning. The joint Education Committee shall meet at least
21quarterly and submit an annual report of its findings,
22conclusions, and recommendations to the State Board of
23Education, the Board of Higher Education, the Illinois
24Community College Board, the Human Resource Investment
25Council, the Governor, and the General Assembly. All meetings
26of this Committee shall be official meetings for reimbursement

 

 

10300SB0001sam001- 156 -LRB103 25137 RJT 70254 a

1under this Act. On the effective date of this amendatory Act of
2the 95th General Assembly, the Joint Education Committee is
3abolished.
4    E. Five members of the Board shall constitute a quorum. A
5majority vote of the members appointed, confirmed and serving
6on the Board is required to approve any action, except that the
77 new Board members who were appointed to fill seats of members
8whose terms were terminated on the effective date of this
9amendatory act of the 93rd General Assembly may vote to
10approve actions when appointed and serving.
11    F. Upon appointment of the 7 new Board members who were
12appointed to fill seats of members whose terms were terminated
13on the effective date of this amendatory Act of the 93rd
14General Assembly, the Board shall review all of its current
15rules in an effort to streamline procedures, improve
16efficiency, and eliminate unnecessary forms and paperwork.
17(Source: P.A. 102-894, eff. 5-20-22.)
 
18    (105 ILCS 5/1C-2)
19    Sec. 1C-2. Block grants.
20    (a) For fiscal year 1999, and each fiscal year thereafter
21through fiscal year 2026, the State Board of Education shall
22award to school districts block grants as described in
23subsection (c). The State Board of Education may adopt rules
24and regulations necessary to implement this Section. In
25accordance with Section 2-3.32, all state block grants are

 

 

10300SB0001sam001- 157 -LRB103 25137 RJT 70254 a

1subject to an audit. Therefore, block grant receipts and block
2grant expenditures shall be recorded to the appropriate fund
3code.
4    (b) (Blank).
5    (c) An Early Childhood Education Block Grant shall be
6created by combining the following programs: Preschool
7Education, Parental Training and Prevention Initiative. These
8funds shall be distributed to school districts and other
9entities on a competitive basis, except that the State Board
10of Education shall award to a school district having a
11population exceeding 500,000 inhabitants 37% of the funds in
12each fiscal year. Not less than 14% of the Early Childhood
13Education Block Grant allocation of funds shall be used to
14fund programs for children ages 0-3. Beginning in Fiscal Year
152016, at least 25% of any additional Early Childhood Education
16Block Grant funding over and above the previous fiscal year's
17allocation shall be used to fund programs for children ages
180-3. Once the percentage of Early Childhood Education Block
19Grant funding allocated to programs for children ages 0-3
20reaches 20% of the overall Early Childhood Education Block
21Grant allocation for a full fiscal year, thereafter in
22subsequent fiscal years the percentage of Early Childhood
23Education Block Grant funding allocated to programs for
24children ages 0-3 each fiscal year shall remain at least 20% of
25the overall Early Childhood Education Block Grant allocation.
26However, if, in a given fiscal year, the amount appropriated

 

 

10300SB0001sam001- 158 -LRB103 25137 RJT 70254 a

1for the Early Childhood Education Block Grant is insufficient
2to increase the percentage of the grant to fund programs for
3children ages 0-3 without reducing the amount of the grant for
4existing providers of preschool education programs, then the
5percentage of the grant to fund programs for children ages 0-3
6may be held steady instead of increased.This subsection (c) is
7inoperative on and after July 1, 2026.
8(Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.)
 
9    (105 ILCS 5/1C-4)
10    Sec. 1C-4. Reports. A school district that receives an
11Early Childhood Education Block Grant shall report to the
12State Board of Education on its use of the block grant in such
13form and detail as the State Board of Education 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 State Board of Education shall
19ensure that the reporting requirements for a district
20organized under Article 34 of this Code are the same as for all
21other school districts in this State.
22    This Section is repealed on July 1, 2026.
23(Source: P.A. 99-30, eff. 7-10-15.)
 
24    (105 ILCS 5/1D-1)

 

 

10300SB0001sam001- 159 -LRB103 25137 RJT 70254 a

1    (Text of Section from P.A. 100-55)
2    Sec. 1D-1. Block grant funding.
3    (a) For fiscal year 1996 and each fiscal year thereafter,
4the State Board of Education shall award to a school district
5having a population exceeding 500,000 inhabitants a general
6education block grant and an educational services block grant,
7determined as provided in this Section, in lieu of
8distributing to the district separate State funding for the
9programs described in subsections (b) and (c). The provisions
10of this Section, however, do not apply to any federal funds
11that the district is entitled to receive. In accordance with
12Section 2-3.32, all block grants are subject to an audit.
13Therefore, block grant receipts and block grant expenditures
14shall be recorded to the appropriate fund code for the
15designated block grant.
16    (b) The general education block grant shall include the
17following programs: REI Initiative, Summer Bridges, Preschool
18Education, K-6 Comprehensive Arts, School Improvement Support,
19Urban Education, Scientific Literacy, Substance Abuse
20Prevention, Second Language Planning, Staff Development,
21Outcomes and Assessment, K-6 Reading Improvement, 7-12
22Continued Reading Improvement, Truants' Optional Education,
23Hispanic Programs, Agriculture Education, Parental Training,
24Prevention Initiative, Report Cards, and Criminal Background
25Investigations. The general education block grant shall also
26include Preschool Education, Parental Training, and Prevention

 

 

10300SB0001sam001- 160 -LRB103 25137 RJT 70254 a

1Initiative through June 30, 2026. Notwithstanding any other
2provision of law, all amounts paid under the general education
3block grant from State appropriations to a school district in
4a city having a population exceeding 500,000 inhabitants shall
5be appropriated and expended by the board of that district for
6any of the programs included in the block grant or any of the
7board's lawful purposes. Beginning in Fiscal Year 2018, at
8least 25% of any additional Preschool Education, Parental
9Training, and Prevention Initiative program funding over and
10above the previous fiscal year's allocation shall be used to
11fund programs for children ages 0-3. Beginning in Fiscal Year
122018, funding for Preschool Education, Parental Training, and
13Prevention Initiative programs above the allocation for these
14programs in Fiscal Year 2017 must be used solely as a
15supplement for these programs and may not supplant funds
16received from other sources.
17    (b-5) Beginning in Fiscal Year 2027, the Department of
18Early Childhood shall award a block grant for Preschool
19Education, Parental Training, and Prevention Initiative to a
20school district having a population exceeding 500,000
21inhabitants. The grants are subject to audit. Therefore, block
22grant receipts and block grant expenditures shall be recorded
23to the appropriate fund code for the designated block grant.
24Notwithstanding any other provision of law, all amounts paid
25under the block grant from State appropriations to a school
26district in a city having a population exceeding 500,000

 

 

10300SB0001sam001- 161 -LRB103 25137 RJT 70254 a

1inhabitants shall be appropriated and expended by the board of
2that district for any of the programs included in the block
3grant or any of the board's lawful purposes. The district is
4not required to file any application or other claim in order to
5receive the block grant to which it is entitled under this
6Section. The Department of Early Childhood shall make payments
7to the district of amounts due under the district's block
8grant on a schedule determined by the Department. A school
9district to which this Section applies shall report to the
10Department of Early Childhood on its use of the block grant in
11such form and detail as the Department may specify. In
12addition, the report must include the following description
13for the district, which must also be reported to the General
14Assembly: block grant allocation and expenditures by program;
15population and service levels by program; and administrative
16expenditures by program. The Department shall ensure that the
17reporting requirements for the district are the same as for
18all other school districts in this State. Beginning in Fiscal
19Year 2018, at least 25% of any additional Preschool Education,
20Parental Training, and Prevention Initiative program funding
21over and above the previous fiscal year's allocation shall be
22used to fund programs for children ages 0-3. Beginning in
23Fiscal Year 2018, funding for Preschool Education, Parental
24Training, and Prevention Initiative programs above the
25allocation for these programs in Fiscal Year 2017 must be used
26solely as a supplement for these programs and may not supplant

 

 

10300SB0001sam001- 162 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 163 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 164 -LRB103 25137 RJT 70254 a

1report to the State Board of Education on its use of the block
2grants in such form and detail as the State Board of Education
3may specify. In addition, the report must include the
4following description for the district, which must also be
5reported to the General Assembly: block grant allocation and
6expenditures by program; population and service levels by
7program; and administrative expenditures by program. The State
8Board of Education shall ensure that the reporting
9requirements for the district are the same as for all other
10school districts in this State.
11    (g) This paragraph provides for the treatment of block
12grants under Article 1C for purposes of calculating the amount
13of block grants for a district under this Section. Those block
14grants under Article 1C are, for this purpose, treated as
15included in the amount of appropriation for the various
16programs set forth in paragraph (b) above. The appropriation
17in each current fiscal year for each block grant under Article
181C shall be treated for these purposes as appropriations for
19the individual program included in that block grant. The
20proportion of each block grant so allocated to each such
21program included in it shall be the proportion which the
22appropriation for that program was of all appropriations for
23such purposes now in that block grant, in fiscal 1995.
24    Payments to the school district under this Section with
25respect to each program for which payments to school districts
26generally, as of the date of this amendatory Act of the 92nd

 

 

10300SB0001sam001- 165 -LRB103 25137 RJT 70254 a

1General Assembly, are on a reimbursement basis shall continue
2to be made to the district on a reimbursement basis, pursuant
3to the provisions of this Code governing those programs.
4    (h) Notwithstanding any other provision of law, any school
5district receiving a block grant under this Section may
6classify all or a portion of the funds that it receives in a
7particular fiscal year from any block grant authorized under
8this Code or from general State aid pursuant to Section
918-8.05 of this Code (other than supplemental general State
10aid) as funds received in connection with any funding program
11for which it is entitled to receive funds from the State in
12that fiscal year (including, without limitation, any funding
13program referred to in subsection (c) of this Section),
14regardless of the source or timing of the receipt. The
15district may not classify more funds as funds received in
16connection with the funding program than the district is
17entitled to receive in that fiscal year for that program. Any
18classification by a district must be made by a resolution of
19its board of education. The resolution must identify the
20amount of any block grant or general State aid to be classified
21under this subsection (h) and must specify the funding program
22to which the funds are to be treated as received in connection
23therewith. This resolution is controlling as to the
24classification of funds referenced therein. A certified copy
25of the resolution must be sent to the State Superintendent of
26Education. The resolution shall still take effect even though

 

 

10300SB0001sam001- 166 -LRB103 25137 RJT 70254 a

1a copy of the resolution has not been sent to the State
2Superintendent of Education in a timely manner. No
3classification under this subsection (h) by a district shall
4affect the total amount or timing of money the district is
5entitled to receive under this Code. No classification under
6this subsection (h) by a district shall in any way relieve the
7district from or affect any requirements that otherwise would
8apply with respect to the block grant as provided in this
9Section, including any accounting of funds by source,
10reporting expenditures by original source and purpose,
11reporting requirements, or requirements of provision of
12services.
13(Source: P.A. 100-55, eff. 8-11-17.)
 
14    (Text of Section from P.A. 100-465)
15    Sec. 1D-1. Block grant funding.
16    (a) For fiscal year 1996 through fiscal year 2017, the
17State Board of Education shall award to a school district
18having a population exceeding 500,000 inhabitants a general
19education block grant and an educational services block grant,
20determined as provided in this Section, in lieu of
21distributing to the district separate State funding for the
22programs described in subsections (b) and (c). The provisions
23of this Section, however, do not apply to any federal funds
24that the district is entitled to receive. In accordance with
25Section 2-3.32, all block grants are subject to an audit.

 

 

10300SB0001sam001- 167 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 168 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 169 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 170 -LRB103 25137 RJT 70254 a

1year, calculated in each case as provided in this Section.
2Nothing in this Section shall change the nature of payments
3for any program that, apart from this Section, would be or,
4prior to adoption or amendment of this Section, was on the
5basis of a payment in a fiscal year in respect of services
6provided or costs incurred in the prior fiscal year,
7calculated in each case as provided in this Section.
8    (d) For fiscal year 1996 through fiscal year 2017, the
9amount of the district's block grants shall be determined as
10follows: (i) with respect to each program that is included
11within each block grant, the district shall receive an amount
12equal to the same percentage of the current fiscal year
13appropriation made for that program as the percentage of the
14appropriation received by the district from the 1995 fiscal
15year appropriation made for that program, and (ii) the total
16amount that is due the district under the block grant shall be
17the aggregate of the amounts that the district is entitled to
18receive for the fiscal year with respect to each program that
19is included within the block grant that the State Board of
20Education shall award the district under this Section for that
21fiscal year. In the case of the Summer Bridges program, the
22amount of the district's block grant shall be equal to 44% of
23the amount of the current fiscal year appropriation made for
24that program.
25    (e) The district is not required to file any application
26or other claim in order to receive the block grants to which it

 

 

10300SB0001sam001- 171 -LRB103 25137 RJT 70254 a

1is entitled under this Section. The State Board of Education
2shall make payments to the district of amounts due under the
3district's block grants on a schedule determined by the State
4Board of Education.
5    (f) A school district to which this Section applies shall
6report to the State Board of Education on its use of the block
7grants in such form and detail as the State Board of Education
8may specify. In addition, the report must include the
9following description for the district, which must also be
10reported to the General Assembly: block grant allocation and
11expenditures by program; population and service levels by
12program; and administrative expenditures by program. The State
13Board of Education shall ensure that the reporting
14requirements for the district are the same as for all other
15school districts in this State.
16    (g) Through fiscal year 2017, this paragraph provides for
17the treatment of block grants under Article 1C for purposes of
18calculating the amount of block grants for a district under
19this Section. Those block grants under Article 1C are, for
20this purpose, treated as included in the amount of
21appropriation for the various programs set forth in paragraph
22(b) above. The appropriation in each current fiscal year for
23each block grant under Article 1C shall be treated for these
24purposes as appropriations for the individual program included
25in that block grant. The proportion of each block grant so
26allocated to each such program included in it shall be the

 

 

10300SB0001sam001- 172 -LRB103 25137 RJT 70254 a

1proportion which the appropriation for that program was of all
2appropriations for such purposes now in that block grant, in
3fiscal 1995.
4    Payments to the school district under this Section with
5respect to each program for which payments to school districts
6generally, as of the date of this amendatory Act of the 92nd
7General Assembly, are on a reimbursement basis shall continue
8to be made to the district on a reimbursement basis, pursuant
9to the provisions of this Code governing those programs.
10    (h) Notwithstanding any other provision of law, any school
11district receiving a block grant under this Section may
12classify all or a portion of the funds that it receives in a
13particular fiscal year from any block grant authorized under
14this Code or from general State aid pursuant to Section
1518-8.05 of this Code (other than supplemental general State
16aid) as funds received in connection with any funding program
17for which it is entitled to receive funds from the State in
18that fiscal year (including, without limitation, any funding
19program referred to in subsection (c) of this Section),
20regardless of the source or timing of the receipt. The
21district may not classify more funds as funds received in
22connection with the funding program than the district is
23entitled to receive in that fiscal year for that program. Any
24classification by a district must be made by a resolution of
25its board of education. The resolution must identify the
26amount of any block grant or general State aid to be classified

 

 

10300SB0001sam001- 173 -LRB103 25137 RJT 70254 a

1under this subsection (h) and must specify the funding program
2to which the funds are to be treated as received in connection
3therewith. This resolution is controlling as to the
4classification of funds referenced therein. A certified copy
5of the resolution must be sent to the State Superintendent of
6Education. The resolution shall still take effect even though
7a copy of the resolution has not been sent to the State
8Superintendent of Education in a timely manner. No
9classification under this subsection (h) by a district shall
10affect the total amount or timing of money the district is
11entitled to receive under this Code. No classification under
12this subsection (h) by a district shall in any way relieve the
13district from or affect any requirements that otherwise would
14apply with respect to the block grant as provided in this
15Section, including any accounting of funds by source,
16reporting expenditures by original source and purpose,
17reporting requirements, or requirements of provision of
18services.
19(Source: P.A. 100-465, eff. 8-31-17.)
 
20    (105 ILCS 5/2-3.47)  (from Ch. 122, par. 2-3.47)
21    Sec. 2-3.47. The State Board of Education shall annually
22submit a budget recommendation to the Governor and General
23Assembly that contains recommendations for funding for
24pre-school through grade 12 through Fiscal Year 2026. For
25Fiscal Year 2027, and annually thereafter, the State Board of

 

 

10300SB0001sam001- 174 -LRB103 25137 RJT 70254 a

1Education shall submit a budget recommendation to the Governor
2and General Assembly that contains recommendations for funding
3for kindergarten through grade 12.
4(Source: P.A. 98-739, eff. 7-16-14.)
 
5    (105 ILCS 5/2-3.64a-10)
6    Sec. 2-3.64a-10. Kindergarten assessment.
7    (a) For the purposes of this Section, "kindergarten"
8includes both full-day and half-day kindergarten programs.
9    (b) Beginning no later than the 2021-2022 school year, the
10State Board of Education shall annually assess all public
11school students entering kindergarten using a common
12assessment tool, unless the State Board determines that a
13student is otherwise exempt. The common assessment tool must
14assess multiple developmental domains, including literacy,
15language, mathematics, and social and emotional development.
16The assessment must be valid, reliable, and developmentally
17appropriate to formatively assess a child's development and
18readiness for kindergarten.
19    (c) Results from the assessment may be used by the school
20to understand the child's development and readiness for
21kindergarten, to tailor instruction, and to measure the
22child's progress over time. Assessment results may also be
23used to identify a need for the professional development of
24teachers and early childhood educators and to inform
25State-level and district-level policies and resource

 

 

10300SB0001sam001- 175 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 176 -LRB103 25137 RJT 70254 a

1concerning the assessments.
2    (f) The State Board may adopt rules to implement and
3administer this Section.
4(Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21
5(See Section 10 of P.A. 102-671 for effective date of P.A.
6102-209).)
 
7    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
8    Sec. 2-3.71. Grants for preschool educational programs.
9    (a) Preschool program.
10        (1) Through June 30, 2026, the The State Board of
11    Education shall implement and administer a grant program
12    under the provisions of this subsection which shall
13    consist of grants to public school districts and other
14    eligible entities, as defined by the State Board of
15    Education, to conduct voluntary preschool educational
16    programs for children ages 3 to 5 which include a parent
17    education component. A public school district which
18    receives grants under this subsection may subcontract with
19    other entities that are eligible to conduct a preschool
20    educational program. These grants must be used to
21    supplement, not supplant, funds received from any other
22    source.
23        (1.5) On and after July 1, 2026, the Department of
24    Early Childhood shall implement and administer a grant
25    program for school districts and other eligible entities,

 

 

10300SB0001sam001- 177 -LRB103 25137 RJT 70254 a

1    as defined by the Department, to conduct voluntary
2    preschool educational programs for children ages 3 to 5
3    which include a parent education component. A public
4    school district which receives grants under this
5    subsection may subcontract with other entities that are
6    eligible to conduct a preschool educational program. These
7    grants must be used to supplement, not supplant, funds
8    received from any other source.
9        (2) (Blank).
10        (3) Except as otherwise provided under this subsection
11    (a), any teacher of preschool children in the program
12    authorized by this subsection shall hold a Professional
13    Educator License with an early childhood education
14    endorsement.
15        (3.5) Beginning with the 2018-2019 school year and
16    until the 2028-2029 school year, an individual may teach
17    preschool children in an early childhood program under
18    this Section if he or she holds a Professional Educator
19    License with an early childhood education endorsement or
20    with short-term approval for early childhood education or
21    he or she pursues a Professional Educator License and
22    holds any of the following:
23            (A) An ECE Credential Level of 5 awarded by the
24        Department of Human Services under the Gateways to
25        Opportunity Program developed under Section 10-70 of
26        the Department of Human Services Act.

 

 

10300SB0001sam001- 178 -LRB103 25137 RJT 70254 a

1            (B) An Educator License with Stipulations with a
2        transitional bilingual educator endorsement and he or
3        she has (i) passed an early childhood education
4        content test or (ii) completed no less than 9 semester
5        hours of postsecondary coursework in the area of early
6        childhood education.
7        (4) (Blank).
8        (4.5) Through June 30, 2026, the State Board of
9    Education shall provide the primary source of funding
10    through appropriations for the program. On and after July
11    1, 2026, the Department of Early Childhood shall provide
12    the primary source of funding through appropriations for
13    the program. The State Board of Education shall provide
14    the primary source of funding through appropriations for
15    the program. Such funds shall be distributed to achieve a
16    goal of "Preschool for All Children" for the benefit of
17    all children whose families choose to participate in the
18    program. Based on available appropriations, newly funded
19    programs shall be selected through a process giving first
20    priority to qualified programs serving primarily at-risk
21    children and second priority to qualified programs serving
22    primarily children with a family income of less than 4
23    times the poverty guidelines updated periodically in the
24    Federal Register by the U.S. Department of Health and
25    Human Services under the authority of 42 U.S.C. 9902(2).
26    For purposes of this paragraph (4.5), at-risk children are

 

 

10300SB0001sam001- 179 -LRB103 25137 RJT 70254 a

1    those who because of their home and community environment
2    are subject to such language, cultural, economic and like
3    disadvantages to cause them to have been determined as a
4    result of screening procedures to be at risk of academic
5    failure. Through June 30, 2026, such screening procedures
6    shall be based on criteria established by the State Board
7    of Education. On and after July 1, 2026, such screening
8    procedures shall be based on criteria established by the
9    Department of Early Childhood. Such screening procedures
10    shall be based on criteria established by the State Board
11    of Education.
12        Except as otherwise provided in this paragraph (4.5),
13    grantees under the program must enter into a memorandum of
14    understanding with the appropriate local Head Start
15    agency. This memorandum must be entered into no later than
16    3 months after the award of a grantee's grant under the
17    program, except that, in the case of the 2009-2010 program
18    year, the memorandum must be entered into no later than
19    the deadline set by the State Board of Education for
20    applications to participate in the program in fiscal year
21    2011, and must address collaboration between the grantee's
22    program and the local Head Start agency on certain issues,
23    which shall include without limitation the following:
24            (A) educational activities, curricular objectives,
25        and instruction;
26            (B) public information dissemination and access to

 

 

10300SB0001sam001- 180 -LRB103 25137 RJT 70254 a

1        programs for families contacting programs;
2            (C) service areas;
3            (D) selection priorities for eligible children to
4        be served by programs;
5            (E) maximizing the impact of federal and State
6        funding to benefit young children;
7            (F) staff training, including opportunities for
8        joint staff training;
9            (G) technical assistance;
10            (H) communication and parent outreach for smooth
11        transitions to kindergarten;
12            (I) provision and use of facilities,
13        transportation, and other program elements;
14            (J) facilitating each program's fulfillment of its
15        statutory and regulatory requirements;
16            (K) improving local planning and collaboration;
17        and
18            (L) providing comprehensive services for the
19        neediest Illinois children and families.
20    Through June 30, 2026, if If the appropriate local Head
21    Start agency is unable or unwilling to enter into a
22    memorandum of understanding as required under this
23    paragraph (4.5), the memorandum of understanding
24    requirement shall not apply and the grantee under the
25    program must notify the State Board of Education in
26    writing of the Head Start agency's inability or

 

 

10300SB0001sam001- 181 -LRB103 25137 RJT 70254 a

1    unwillingness. The State Board of Education shall compile
2    all such written notices and make them available to the
3    public. On and after July 1, 2026, if the appropriate
4    local Head Start agency is unable or unwilling to enter
5    into a memorandum of understanding as required under this
6    paragraph (4.5), the memorandum of understanding
7    requirement shall not apply and the grantee under the
8    program must notify the Department of Early Childhood in
9    writing of the Head Start agency's inability or
10    unwillingness. The Department of Early Childhood shall
11    compile all such written notices and make them available
12    to the public.
13        (5) Through June 30, 2026, the The State Board of
14    Education shall develop and provide evaluation tools,
15    including tests, that school districts and other eligible
16    entities may use to evaluate children for school readiness
17    prior to age 5. The State Board of Education shall require
18    school districts and other eligible entities to obtain
19    consent from the parents or guardians of children before
20    any evaluations are conducted. The State Board of
21    Education shall encourage local school districts and other
22    eligible entities to evaluate the population of preschool
23    children in their communities and provide preschool
24    programs, pursuant to this subsection, where appropriate.
25        (5.1) On and after July 1, 2026, the Department of
26    Early Childhood shall develop and provide evaluation

 

 

10300SB0001sam001- 182 -LRB103 25137 RJT 70254 a

1    tools, including tests, that school districts and other
2    eligible entities may use to evaluate children for school
3    readiness prior to age 5. The Department of Early
4    Childhood shall require school districts and other
5    eligible entities to obtain consent from the parents or
6    guardians of children before any evaluations are
7    conducted. The Department of Early Childhood shall
8    encourage local school districts and other eligible
9    entities to evaluate the population of preschool children
10    in their communities and provide preschool programs,
11    pursuant to this subsection, where appropriate.
12        (6) Through June 30, 2026, the The State Board of
13    Education shall report to the General Assembly by November
14    1, 2018 and every 2 years thereafter on the results and
15    progress of students who were enrolled in preschool
16    educational programs, including an assessment of which
17    programs have been most successful in promoting academic
18    excellence and alleviating academic failure. Through June
19    30, 2026, the The State Board of Education shall assess
20    the academic progress of all students who have been
21    enrolled in preschool educational programs.
22        Through fiscal year 2026, on On or before November 1
23    of each fiscal year in which the General Assembly provides
24    funding for new programs under paragraph (4.5) of this
25    Section, the State Board of Education shall report to the
26    General Assembly on what percentage of new funding was

 

 

10300SB0001sam001- 183 -LRB103 25137 RJT 70254 a

1    provided to programs serving primarily at-risk children,
2    what percentage of new funding was provided to programs
3    serving primarily children with a family income of less
4    than 4 times the federal poverty level, and what
5    percentage of new funding was provided to other programs.
6        (6.1) On and after July 1, 2026, the Department of
7    Early Childhood shall report to the General Assembly by
8    November 1, 2026 and every 2 years thereafter on the
9    results and progress of students who were enrolled in
10    preschool educational programs, including an assessment of
11    which programs have been most successful in promoting
12    academic excellence and alleviating academic failure. On
13    and after July 1, 2026, the Department of Early Childhood
14    shall assess the academic progress of all students who
15    have been enrolled in preschool educational programs.
16    Beginning in fiscal year 2027, on or before November 1 of
17    each fiscal year in which the General Assembly provides
18    funding for new programs under paragraph (4.5) of this
19    Section, the Department of Early Childhood shall report to
20    the General Assembly on what percentage of new funding was
21    provided to programs serving primarily at-risk children,
22    what percentage of new funding was provided to programs
23    serving primarily children with a family income of less
24    than 4 times the federal poverty level, and what
25    percentage of new funding was provided to other programs.
26        (7) Due to evidence that expulsion practices in the

 

 

10300SB0001sam001- 184 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 185 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 186 -LRB103 25137 RJT 70254 a

1            (E) In the case of the determination of a serious
2        safety threat to a child or others or in the case of
3        behaviors listed in subsection (d) of Section 10-22.6
4        of this Code, the temporary removal of a child from
5        attendance in group settings may be used. Temporary
6        removal of a child from attendance in a group setting
7        shall trigger the process detailed in subparagraphs
8        (A), (B), and (C) of this paragraph (7), with the child
9        placed back in a group setting as quickly as possible.
10            (F) Early childhood programs may utilize 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 Beginning on July 1,

 

 

10300SB0001sam001- 187 -LRB103 25137 RJT 70254 a

1        2018, early childhood programs shall annually report
2        to the State Board of Education, and, beginning in
3        fiscal year 2020, the State Board of Education shall
4        make available on a biennial basis, in an existing
5        report, all of the following data for children from
6        birth to age 5 who are 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

 

 

10300SB0001sam001- 188 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 189 -LRB103 25137 RJT 70254 a

1        with the federal Individuals with Disabilities
2        Education Act.
3        The Department of Early Childhood State Board of
4    Education, in consultation with the Governor's Office of
5    Early Childhood Development and the Department of Children
6    and Family Services, shall adopt rules to administer this
7    paragraph (7).
8    (b) (Blank).
9    (c) Notwithstanding any other provisions of this Section,
10grantees may serve children ages 0 to 12 of essential workers
11if the Governor has declared a disaster due to a public health
12emergency pursuant to Section 7 of the Illinois Emergency
13Management Agency Act. For the purposes of this subsection,
14essential workers include those outlined in Executive Order
1520-8 and school employees. The State Board of Education shall
16adopt rules to administer this subsection.
17    (d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5),
18(a)(5.1), (a)(6), and (a)(7) and subsection (c) of this
19Section are inoperative on and after July 1, 2026.
20(Source: P.A. 103-111, eff. 6-29-23.)
 
21    (105 ILCS 5/2-3.71a)  (from Ch. 122, par. 2-3.71a)
22    Sec. 2-3.71a. Grants for early childhood parental training
23programs. The State Board of Education shall implement and
24administer a grant program consisting of grants to public
25school districts and other eligible entities, as defined by

 

 

10300SB0001sam001- 190 -LRB103 25137 RJT 70254 a

1the State Board of Education, to conduct early childhood
2parental training programs for the parents of children in the
3period of life from birth to kindergarten. A public school
4district that receives grants under this Section may contract
5with other eligible entities to conduct an early childhood
6parental training program. These grants must be used to
7supplement, not supplant, funds received from any other
8source. A school board or other eligible entity shall employ
9appropriately qualified personnel for its early childhood
10parental training program, including but not limited to
11certified teachers, counselors, psychiatrists, psychologists
12and social workers.
13    (a) As used in this Section, "parental training" means and
14includes instruction in the following:
15        (1) Child growth and development, including prenatal
16    development.
17        (2) Childbirth and child care.
18        (3) Family structure, function and management.
19        (4) Prenatal and postnatal care for mothers and
20    infants.
21        (5) Prevention of child abuse.
22        (6) The physical, mental, emotional, social, economic
23    and psychological aspects of interpersonal and family
24    relationships.
25        (7) Parenting skill development.
26    The programs shall include activities that require

 

 

10300SB0001sam001- 191 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 192 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 193 -LRB103 25137 RJT 70254 a

1    (i) Early childhood programs under this Section are
2subject to the requirements under paragraph (7) of subsection
3(a) of Section 2-3.71 of this Code.
4    (j) This Section is repealed on July 1, 2026.
5(Source: P.A. 100-105, eff. 1-1-18.)
 
6    (105 ILCS 5/2-3.79)  (from Ch. 122, par. 2-3.79)
7    Sec. 2-3.79. Pilot programs and special education services
8for preschool children with disabilities from birth to age 3.
9The State Board of Education may enter into contracts with
10public or not-for-profit private organizations or agencies to
11establish model pilot programs which provide services to
12children with disabilities from birth up to the age of 3 years.
13Annual grants shall be awarded on a competitive basis pursuant
14to established criteria provided that there is an annual
15appropriation for this purpose. Public or not-for-profit
16private organizations or agencies that are providing services
17to children with disabilities up to the age of 3 years prior to
18September 22, 1985 are eligible to receive grants awarded
19pursuant to this Section.
20    Each pilot program shall include, but not be limited to: a
21process for identification of infants with disabilities in the
22region; community awareness of the project and the services
23provided; an intervention system; methods to assess and
24diagnose infants with disabilities; written individual
25treatment programs that include parental involvement; an

 

 

10300SB0001sam001- 194 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 195 -LRB103 25137 RJT 70254 a

1designs for the most effective delivery systems of these
2services.
3    This Section is repealed on July 1, 2026.
4(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
 
5    (105 ILCS 5/2-3.89)  (from Ch. 122, par. 2-3.89)
6    Sec. 2-3.89. Programs concerning services to at-risk
7children and their families.
8    (a) The State Board of Education may provide grants to
9eligible entities, as defined by the State Board of Education,
10to establish programs which offer coordinated services to
11at-risk infants and toddlers and their families. Each program
12shall include a parent education program relating to the
13development and nurturing of infants and toddlers and case
14management services to coordinate existing services available
15in the region served by the program. These services shall be
16provided through the implementation of an individual family
17service plan. Each program will have a community involvement
18component to provide coordination in the service system.
19    (b) The State Board of Education shall administer the
20programs through the grants to public school districts and
21other eligible entities. These grants must be used to
22supplement, not supplant, funds received from any other
23source. School districts and other eligible entities receiving
24grants pursuant to this Section shall conduct voluntary,
25intensive, research-based, and comprehensive prevention

 

 

10300SB0001sam001- 196 -LRB103 25137 RJT 70254 a

1services, as defined by the State Board of Education, for
2expecting parents and families with children from birth to age
33 who are at-risk of academic failure. A public school
4district that receives a grant under this Section may
5subcontract with other eligible entities.
6    (c) The State Board of Education shall report to the
7General Assembly by July 1, 2006 and every 2 years thereafter,
8using the most current data available, on the status of
9programs funded under this Section, including without
10limitation characteristics of participants, services
11delivered, program models used, unmet needs, and results of
12the programs funded.
13(Source: P.A. 96-734, eff. 8-25-09.)
 
14    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
15    (Text of Section before amendment by P.A. 102-466)
16    Sec. 10-22.6. Suspension or expulsion of pupils; school
17searches.
18    (a) To expel pupils guilty of gross disobedience or
19misconduct, including gross disobedience or misconduct
20perpetuated by electronic means, pursuant to subsection (b-20)
21of this Section, and no action shall lie against them for such
22expulsion. Expulsion shall take place only after the parents
23have been requested to appear at a meeting of the board, or
24with a hearing officer appointed by it, to discuss their
25child's behavior. Such request shall be made by registered or

 

 

10300SB0001sam001- 197 -LRB103 25137 RJT 70254 a

1certified mail and shall state the time, place and purpose of
2the meeting. The board, or a hearing officer appointed by it,
3at such meeting shall state the reasons for dismissal and the
4date on which the expulsion is to become effective. If a
5hearing officer is appointed by the board, he shall report to
6the board a written summary of the evidence heard at the
7meeting and the board may take such action thereon as it finds
8appropriate. If the board acts to expel a pupil, the written
9expulsion decision shall detail the specific reasons why
10removing the pupil from the learning environment is in the
11best interest of the school. The expulsion decision shall also
12include a rationale as to the specific duration of the
13expulsion. An expelled pupil may be immediately transferred to
14an alternative program in the manner provided in Article 13A
15or 13B of this Code. A pupil must not be denied transfer
16because of the expulsion, except in cases in which such
17transfer is deemed to cause a threat to the safety of students
18or staff in the alternative program.
19    (b) To suspend or by policy to authorize the
20superintendent of the district or the principal, assistant
21principal, or dean of students of any school to suspend pupils
22guilty of gross disobedience or misconduct, or to suspend
23pupils guilty of gross disobedience or misconduct on the
24school bus from riding the school bus, pursuant to subsections
25(b-15) and (b-20) of this Section, and no action shall lie
26against them for such suspension. The board may by policy

 

 

10300SB0001sam001- 198 -LRB103 25137 RJT 70254 a

1authorize the superintendent of the district or the principal,
2assistant principal, or dean of students of any school to
3suspend pupils guilty of such acts for a period not to exceed
410 school days. If a pupil is suspended due to gross
5disobedience or misconduct on a school bus, the board may
6suspend the pupil in excess of 10 school days for safety
7reasons.
8    Any suspension shall be reported immediately to the
9parents or guardian of a pupil along with a full statement of
10the reasons for such suspension and a notice of their right to
11a review. The school board must be given a summary of the
12notice, including the reason for the suspension and the
13suspension length. Upon request of the parents or guardian,
14the school board or a hearing officer appointed by it shall
15review such action of the superintendent or principal,
16assistant principal, or dean of students. At such review, the
17parents or guardian of the pupil may appear and discuss the
18suspension with the board or its hearing officer. If a hearing
19officer is appointed by the board, he shall report to the board
20a written summary of the evidence heard at the meeting. After
21its hearing or upon receipt of the written report of its
22hearing officer, the board may take such action as it finds
23appropriate. If a student is suspended pursuant to this
24subsection (b), the board shall, in the written suspension
25decision, detail the specific act of gross disobedience or
26misconduct resulting in the decision to suspend. The

 

 

10300SB0001sam001- 199 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 200 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 201 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 202 -LRB103 25137 RJT 70254 a

1suspended from the school bus does not have alternate
2transportation to school.
3    (c) A school board must invite a representative from a
4local mental health agency to consult with the board at the
5meeting whenever there is evidence that mental illness may be
6the cause of a student's expulsion or suspension.
7    (c-5) School districts shall make reasonable efforts to
8provide ongoing professional development to teachers,
9administrators, school board members, school resource
10officers, and staff on the adverse consequences of school
11exclusion and justice-system involvement, effective classroom
12management strategies, culturally responsive discipline, the
13appropriate and available supportive services for the
14promotion of student attendance and engagement, and
15developmentally appropriate disciplinary methods that promote
16positive and healthy school climates.
17    (d) The board may expel a student for a definite period of
18time not to exceed 2 calendar years, as determined on a
19case-by-case basis. A student who is determined to have
20brought one of the following objects to school, any
21school-sponsored activity or event, or any activity or event
22that bears a reasonable relationship to school shall be
23expelled for a period of not less than one year:
24        (1) A firearm. For the purposes of this Section,
25    "firearm" means any gun, rifle, shotgun, weapon as defined
26    by Section 921 of Title 18 of the United States Code,

 

 

10300SB0001sam001- 203 -LRB103 25137 RJT 70254 a

1    firearm as defined in Section 1.1 of the Firearm Owners
2    Identification Card Act, or firearm as defined in Section
3    24-1 of the Criminal Code of 2012. The expulsion period
4    under this subdivision (1) may be modified by the
5    superintendent, and the superintendent's determination may
6    be modified by the board on a case-by-case basis.
7        (2) A knife, brass knuckles or other knuckle weapon
8    regardless of its composition, a billy club, or any other
9    object if used or attempted to be used to cause bodily
10    harm, including "look alikes" of any firearm as defined in
11    subdivision (1) of this subsection (d). The expulsion
12    requirement under this subdivision (2) may be modified by
13    the superintendent, and the superintendent's determination
14    may be modified by the board on a case-by-case basis.
15Expulsion or suspension shall be construed in a manner
16consistent with the federal Individuals with Disabilities
17Education Act. A student who is subject to suspension or
18expulsion as provided in this Section may be eligible for a
19transfer to an alternative school program in accordance with
20Article 13A of the School Code.
21    (d-5) The board may suspend or by regulation authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend a
24student for a period not to exceed 10 school days or may expel
25a student for a definite period of time not to exceed 2
26calendar years, as determined on a case-by-case basis, if (i)

 

 

10300SB0001sam001- 204 -LRB103 25137 RJT 70254 a

1that student has been determined to have made an explicit
2threat on an Internet website against a school employee, a
3student, or any school-related personnel, (ii) the Internet
4website through which the threat was made is a site that was
5accessible within the school at the time the threat was made or
6was available to third parties who worked or studied within
7the school grounds at the time the threat was made, and (iii)
8the threat could be reasonably interpreted as threatening to
9the safety and security of the threatened individual because
10of his or her duties or employment status or status as a
11student inside the school.
12    (e) To maintain order and security in the schools, school
13authorities may inspect and search places and areas such as
14lockers, desks, parking lots, and other school property and
15equipment owned or controlled by the school, as well as
16personal effects left in those places and areas by students,
17without notice to or the consent of the student, and without a
18search warrant. As a matter of public policy, the General
19Assembly finds that students have no reasonable expectation of
20privacy in these places and areas or in their personal effects
21left in these places and areas. School authorities may request
22the assistance of law enforcement officials for the purpose of
23conducting inspections and searches of lockers, desks, parking
24lots, and other school property and equipment owned or
25controlled by the school for illegal drugs, weapons, or other
26illegal or dangerous substances or materials, including

 

 

10300SB0001sam001- 205 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 206 -LRB103 25137 RJT 70254 a

1    (j) Subsections (a) through (i) of this Section shall
2apply to elementary and secondary schools, charter schools,
3special charter districts, and school districts organized
4under Article 34 of this Code.
5    (k) The expulsion of children enrolled in programs funded
6under Section 1C-2 of this Code is subject to the requirements
7under paragraph (7) of subsection (a) of Section 2-3.71 of
8this Code.
9    (l) Beginning with the 2018-2019 school year, an in-school
10suspension program provided by a school district for any
11students in kindergarten through grade 12 may focus on
12promoting non-violent conflict resolution and positive
13interaction with other students and school personnel. A school
14district may employ a school social worker or a licensed
15mental health professional to oversee an in-school suspension
16program in kindergarten through grade 12.
17(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
18102-813, eff. 5-13-22.)
 
19    (Text of Section after amendment by P.A. 102-466)
20    Sec. 10-22.6. Suspension or expulsion of pupils; school
21searches.
22    (a) To expel pupils guilty of gross disobedience or
23misconduct, including gross disobedience or misconduct
24perpetuated by electronic means, pursuant to subsection (b-20)
25of this Section, and no action shall lie against them for such

 

 

10300SB0001sam001- 207 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 208 -LRB103 25137 RJT 70254 a

1pupils guilty of gross disobedience or misconduct on the
2school bus from riding the school bus, pursuant to subsections
3(b-15) and (b-20) of this Section, and no action shall lie
4against them for such suspension. The board may by policy
5authorize the superintendent of the district or the principal,
6assistant principal, or dean of students of any school to
7suspend pupils guilty of such acts for a period not to exceed
810 school days. If a pupil is suspended due to gross
9disobedience or misconduct on a school bus, the board may
10suspend the pupil in excess of 10 school days for safety
11reasons.
12    Any suspension shall be reported immediately to the
13parents or guardians of a pupil along with a full statement of
14the reasons for such suspension and a notice of their right to
15a review. The school board must be given a summary of the
16notice, including the reason for the suspension and the
17suspension length. Upon request of the parents or guardians,
18the school board or a hearing officer appointed by it shall
19review such action of the superintendent or principal,
20assistant principal, or dean of students. At such review, the
21parents or guardians of the pupil may appear and discuss the
22suspension with the board or its hearing officer. If a hearing
23officer is appointed by the board, he shall report to the board
24a written summary of the evidence heard at the meeting. After
25its hearing or upon receipt of the written report of its
26hearing officer, the board may take such action as it finds

 

 

10300SB0001sam001- 209 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 210 -LRB103 25137 RJT 70254 a

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

 

 

10300SB0001sam001- 211 -LRB103 25137 RJT 70254 a

1available behavioral and disciplinary interventions have been
2exhausted" shall be made by school officials. School officials
3shall make all reasonable efforts to resolve such threats,
4address such disruptions, and minimize the length of student
5exclusions to the greatest extent practicable. Within the
6suspension decision described in subsection (b) of this
7Section or the expulsion decision described in subsection (a)
8of this Section, it shall be documented whether other
9interventions were attempted or whether it was determined that
10there were no other appropriate and available interventions.
11    (b-25) Students who are suspended out-of-school for longer
12than 4 school days shall be provided appropriate and available
13support services during the period of their suspension. For
14purposes of this subsection (b-25), "appropriate and available
15support services" shall be determined by school authorities.
16Within the suspension decision described in subsection (b) of
17this Section, it shall be documented whether such services are
18to be provided or whether it was determined that there are no
19such appropriate and available services.
20    A school district may refer students who are expelled to
21appropriate and available support services.
22    A school district shall create a policy to facilitate the
23re-engagement of students who are suspended out-of-school,
24expelled, or returning from an alternative school setting.
25    (b-30) A school district shall create a policy by which
26suspended pupils, including those pupils suspended from the

 

 

10300SB0001sam001- 212 -LRB103 25137 RJT 70254 a

1school bus who do not have alternate transportation to school,
2shall have the opportunity to make up work for equivalent
3academic credit. It shall be the responsibility of a pupil's
4parents or guardians to notify school officials that a pupil
5suspended from the school bus does not have alternate
6transportation to school.
7    (b-35) In all suspension review hearings conducted under
8subsection (b) or expulsion hearings conducted under
9subsection (a), a student may disclose any factor to be
10considered in mitigation, including his or her status as a
11parent, expectant parent, or victim of domestic or sexual
12violence, as defined in Article 26A. A representative of the
13parent's or guardian's choice, or of the student's choice if
14emancipated, must be permitted to represent the student
15throughout the proceedings and to address the school board or
16its appointed hearing officer. With the approval of the
17student's parent or guardian, or of the student if
18emancipated, a support person must be permitted to accompany
19the student to any disciplinary hearings or proceedings. The
20representative or support person must comply with any rules of
21the school district's hearing process. If the representative
22or support person violates the rules or engages in behavior or
23advocacy that harasses, abuses, or intimidates either party, a
24witness, or anyone else in attendance at the hearing, the
25representative or support person may be prohibited from
26further participation in the hearing or proceeding. A

 

 

10300SB0001sam001- 213 -LRB103 25137 RJT 70254 a

1suspension or expulsion proceeding under this subsection
2(b-35) must be conducted independently from any ongoing
3criminal investigation or proceeding, and an absence of
4pending or possible criminal charges, criminal investigations,
5or proceedings may not be a factor in school disciplinary
6decisions.
7    (b-40) During a suspension review hearing conducted under
8subsection (b) or an expulsion hearing conducted under
9subsection (a) that involves allegations of sexual violence by
10the student who is subject to discipline, neither the student
11nor his or her representative shall directly question nor have
12direct contact with the alleged victim. The student who is
13subject to discipline or his or her representative may, at the
14discretion and direction of the school board or its appointed
15hearing officer, suggest questions to be posed by the school
16board or its appointed hearing officer to the alleged victim.
17    (c) A school board must invite a representative from a
18local mental health agency to consult with the board at the
19meeting whenever there is evidence that mental illness may be
20the cause of a student's expulsion or suspension.
21    (c-5) School districts shall make reasonable efforts to
22provide ongoing professional development to teachers,
23administrators, school board members, school resource
24officers, and staff on the adverse consequences of school
25exclusion and justice-system involvement, effective classroom
26management strategies, culturally responsive discipline, the

 

 

10300SB0001sam001- 214 -LRB103 25137 RJT 70254 a

1appropriate and available supportive services for the
2promotion of student attendance and engagement, and
3developmentally appropriate disciplinary methods that promote
4positive and healthy school climates.
5    (d) The board may expel a student for a definite period of
6time not to exceed 2 calendar years, as determined on a
7case-by-case basis. A student who is determined to have
8brought one of the following objects to school, any
9school-sponsored activity or event, or any activity or event
10that bears a reasonable relationship to school shall be
11expelled for a period of not less than one year:
12        (1) A firearm. For the purposes of this Section,
13    "firearm" means any gun, rifle, shotgun, weapon as defined
14    by Section 921 of Title 18 of the United States Code,
15    firearm as defined in Section 1.1 of the Firearm Owners
16    Identification Card Act, or firearm as defined in Section
17    24-1 of the Criminal Code of 2012. The expulsion period
18    under this subdivision (1) may be modified by the
19    superintendent, and the superintendent's determination may
20    be modified by the board on a case-by-case basis.
21        (2) A knife, brass knuckles or other knuckle weapon
22    regardless of its composition, a billy club, or any other
23    object if used or attempted to be used to cause bodily
24    harm, including "look alikes" of any firearm as defined in
25    subdivision (1) of this subsection (d). The expulsion
26    requirement under this subdivision (2) may be modified by

 

 

10300SB0001sam001- 215 -LRB103 25137 RJT 70254 a

1    the superintendent, and the superintendent's determination
2    may be modified by the board on a case-by-case basis.
3Expulsion or suspension shall be construed in a manner
4consistent with the federal Individuals with Disabilities
5Education Act. A student who is subject to suspension or
6expulsion as provided in this Section may be eligible for a
7transfer to an alternative school program in accordance with
8Article 13A of the School Code.
9    (d-5) The board may suspend or by regulation authorize the
10superintendent of the district or the principal, assistant
11principal, or dean of students of any school to suspend a
12student for a period not to exceed 10 school days or may expel
13a student for a definite period of time not to exceed 2
14calendar years, as determined on a case-by-case basis, if (i)
15that student has been determined to have made an explicit
16threat on an Internet website against a school employee, a
17student, or any school-related personnel, (ii) the Internet
18website through which the threat was made is a site that was
19accessible within the school at the time the threat was made or
20was available to third parties who worked or studied within
21the school grounds at the time the threat was made, and (iii)
22the threat could be reasonably interpreted as threatening to
23the safety and security of the threatened individual because
24of his or her duties or employment status or status as a
25student inside the school.
26    (e) To maintain order and security in the schools, school

 

 

10300SB0001sam001- 216 -LRB103 25137 RJT 70254 a

1authorities may inspect and search places and areas such as
2lockers, desks, parking lots, and other school property and
3equipment owned or controlled by the school, as well as
4personal effects left in those places and areas by students,
5without notice to or the consent of the student, and without a
6search warrant. As a matter of public policy, the General
7Assembly finds that students have no reasonable expectation of
8privacy in these places and areas or in their personal effects
9left in these places and areas. School authorities may request
10the assistance of law enforcement officials for the purpose of
11conducting inspections and searches of lockers, desks, parking
12lots, and other school property and equipment owned or
13controlled by the school for illegal drugs, weapons, or other
14illegal or dangerous substances or materials, including
15searches conducted through the use of specially trained dogs.
16If a search conducted in accordance with this Section produces
17evidence that the student has violated or is violating either
18the law, local ordinance, or the school's policies or rules,
19such evidence may be seized by school authorities, and
20disciplinary action may be taken. School authorities may also
21turn over such evidence to law enforcement authorities.
22    (f) Suspension or expulsion may include suspension or
23expulsion from school and all school activities and a
24prohibition from being present on school grounds.
25    (g) A school district may adopt a policy providing that if
26a student is suspended or expelled for any reason from any

 

 

10300SB0001sam001- 217 -LRB103 25137 RJT 70254 a

1public or private school in this or any other state, the
2student must complete the entire term of the suspension or
3expulsion in an alternative school program under Article 13A
4of this Code or an alternative learning opportunities program
5under Article 13B of this Code before being admitted into the
6school district if there is no threat to the safety of students
7or staff in the alternative program. A school district that
8adopts a policy under this subsection (g) must include a
9provision allowing for consideration of any mitigating
10factors, including, but not limited to, a student's status as
11a parent, expectant parent, or victim of domestic or sexual
12violence, as defined in Article 26A.
13    (h) School officials shall not advise or encourage
14students to drop out voluntarily due to behavioral or academic
15difficulties.
16    (i) A student may not be issued a monetary fine or fee as a
17disciplinary consequence, though this shall not preclude
18requiring a student to provide restitution for lost, stolen,
19or damaged property.
20    (j) Subsections (a) through (i) of this Section shall
21apply to elementary and secondary schools, charter schools,
22special charter districts, and school districts organized
23under Article 34 of this Code.
24    (k) Through June 30, 2026, the The expulsion of children
25enrolled in programs funded under Section 1C-2 of this Code is
26subject to the requirements under paragraph (7) of subsection

 

 

10300SB0001sam001- 218 -LRB103 25137 RJT 70254 a

1(a) of Section 2-3.71 of this Code.
2    (k-5) On and after July 1, 2026, the expulsion of children
3enrolled in programs funded under Section 15-25 is subject to
4the requirements of paragraph (7) of subsection (a) of Section
515-30 of the Department of Early Childhood Act.
6    (l) Beginning with the 2018-2019 school year, an in-school
7suspension program provided by a school district for any
8students in kindergarten through grade 12 may focus on
9promoting non-violent conflict resolution and positive
10interaction with other students and school personnel. A school
11district may employ a school social worker or a licensed
12mental health professional to oversee an in-school suspension
13program in kindergarten through grade 12.
14(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
15102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
16    (105 ILCS 5/21B-50)
17