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Sen. Kimberly A. Lightford
Filed: 2/28/2024
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1 | | AMENDMENT TO SENATE BILL 1
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1 by replacing |
3 | | everything 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 |
6 | | Department of Early Childhood Act. |
7 | | Section 1-5. Findings. The General Assembly finds that: |
8 | | (1) There are over 875,000 children under the age of 5 in |
9 | | Illinois, nearly half of whom are under the age of 3. At birth, |
10 | | a baby's brain is 25 percent the size of an adult's brain. Yet, |
11 | | an infant's brain has roughly 86 billion neurons, almost all |
12 | | the neurons the human brain will ever have. |
13 | | (2) From 3 to 15 months, neuron connections form at a rate |
14 | | of 40,000 per second. By age 3, synaptic connections have |
15 | | grown to 100 trillion. Ages 3 to 5 are critical years to build |
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1 | | executive function skills like focusing attention, remembering |
2 | | instructions, and demonstrating self-control. Without these |
3 | | skills, children are not fully equipped to learn when they |
4 | | enter kindergarten. By age 5, 90% of brain development is |
5 | | complete. |
6 | | (3) Prenatal programs improve the regular care of birthing |
7 | | parents, reduce the risk of infant low birth weight and |
8 | | mortality, and increase regular child wellness visits, |
9 | | screenings, and immunizations. |
10 | | (4) Early childhood education and care not only improve |
11 | | school readiness and literacy, but also improve cognitive |
12 | | development for future success in life, school, and the |
13 | | workforce. |
14 | | (5) Research shows that for every dollar invested in |
15 | | high-quality early childhood education and care, society gains |
16 | | over $7 in economic returns in the long-term. |
17 | | (6) Supporting children means supporting their parents and |
18 | | families. The early childhood education and care industry is |
19 | | the workforce behind all other workforces. High-quality child |
20 | | care enables parents and families to consistently work and |
21 | | earn an income to support their children. Research also shows |
22 | | that early childhood education and care programs can reduce |
23 | | parental stress and improve family well-being. |
24 | | (7) Investing in early childhood education and care is in |
25 | | the interest of all residents and will make Illinois the best |
26 | | state in the nation to raise young children. |
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1 | | Section 1-10. Purpose. It is the purpose of this Act to |
2 | | provide for the creation of the Department of Early Childhood |
3 | | and to transfer to it certain rights, powers, duties, and |
4 | | functions currently exercised by various agencies of State |
5 | | Government. The Department of Early Childhood shall be the |
6 | | lead State agency for administering and providing early |
7 | | childhood education and care programs and services to children |
8 | | and families. This Act centralizes home-visiting services, |
9 | | early intervention services, preschool services, child care |
10 | | services, licensing for day care centers, day care homes, and |
11 | | group day care homes, and other early childhood education and |
12 | | care programs and administrative functions historically |
13 | | managed by the Illinois State Board of Education, the Illinois |
14 | | Department of Human Services, and the Illinois Department of |
15 | | Children and Family Services. Centralizing early childhood |
16 | | functions into a single State agency is intended to simplify |
17 | | the process for parents and caregivers to identify and enroll |
18 | | children in early childhood services, to create new, |
19 | | equity-driven statewide systems, to streamline administrative |
20 | | functions for providers, and to improve kindergarten readiness |
21 | | for children. |
22 | | Section 1-11. Rights; privileges; protections. |
23 | | Notwithstanding any provision of law to the contrary, any |
24 | | rights, privileges, or protections afforded to students in |
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1 | | early childhood education and care programs, including |
2 | | undocumented students, under the School Code or any other |
3 | | provision of law shall not terminate upon the effective date |
4 | | of this Act. |
5 | | Section 1-15. Definitions. As used in this Act, unless the |
6 | | context 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 |
10 | | Services, Department of Children and Family Services, and the |
11 | | State Board of Education. |
12 | | Section 1-20. Department; Secretary; organization. |
13 | | (a) The Department of Early Childhood is created and shall |
14 | | begin operation on July 1, 2024. |
15 | | (b) The head officer of the Department is the Secretary. |
16 | | The Secretary shall be appointed by the Governor, with the |
17 | | advice and consent of the Senate. The Department may employ or |
18 | | retain other persons to assist in the discharge of its |
19 | | functions, subject to the Personnel Code. |
20 | | (c) The Governor may, with the advice and consent of the |
21 | | Senate, appoint an appropriate number of persons to serve as |
22 | | Assistant Secretaries to head the major programmatic divisions |
23 | | of the Department. Assistant Secretaries shall not be subject |
24 | | to the Personnel Code. |
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1 | | (d) The Secretary shall create divisions and |
2 | | administrative units within the Department and shall assign |
3 | | functions, powers, duties, and personnel as may now or in the |
4 | | future be required by State or federal law. The Secretary may |
5 | | create other divisions and administrative units and may assign |
6 | | other functions, powers, duties, and personnel as may be |
7 | | necessary or desirable to carry out the functions and |
8 | | responsibilities vested by law in the Department. |
9 | | Section 1-30. General powers and duties. |
10 | | (a) The Department shall exercise the rights, powers, |
11 | | duties, and functions provided by law, including, but not |
12 | | limited to, the rights, powers, duties, and functions |
13 | | transferred to the Department. |
14 | | (b) The Department may employ personnel (in accordance |
15 | | with the Personnel Code and any applicable collective |
16 | | bargaining agreements), provide facilities, contract for goods |
17 | | and services, and adopt rules as necessary to carry out its |
18 | | functions and purposes, all in accordance with applicable |
19 | | State and federal law. |
20 | | The Department may establish such subdivisions of the |
21 | | Department as shall be desirable and assign to the various |
22 | | subdivisions the responsibilities and duties placed upon the |
23 | | Department by the Laws of the State of Illinois. |
24 | | The Department shall adopt, as necessary, rules for the |
25 | | execution of its powers. The provisions of the Illinois |
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1 | | Administrative Procedure Act are hereby expressly adopted and |
2 | | shall apply to all administrative rules and procedures of the |
3 | | Department under this Act, except that Section 5-35 of the |
4 | | Illinois Administrative Procedure Act relating to procedures |
5 | | for rulemaking does not apply to the adoption of any rule |
6 | | required by federal law in connection with which the |
7 | | Department is precluded by law from exercising any discretion. |
8 | | (c) Procurement; contracts necessary for the creation of |
9 | | the Department of Early Childhood and the implementation of |
10 | | the Department's mission are not subject to the Illinois |
11 | | Procurement Code provided that the process shall be conducted |
12 | | in a manner substantially in accordance with the requirements |
13 | | of the following Sections of the Illinois Procurement Code: |
14 | | 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, |
15 | | 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. Contracts |
16 | | entered into by the Department of Early Childhood using this |
17 | | exemption shall not exceed 3 years in length and must expire no |
18 | | later than July 1, 2027. All contracts entered into after July |
19 | | 1, 2027, are subject to the Procurement Code and the |
20 | | requirements therein. Contracts entered into utilizing this |
21 | | exemption shall be posted to the agency website for one year |
22 | | after contract execution. |
23 | | ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION |
24 | | SERVICES |
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1 | | Section 10-5. Transition planning. Beginning July 1, 2024, |
2 | | the Department of Early Childhood and the Department of Human |
3 | | Services shall collaborate and plan for the transition of |
4 | | administrative responsibilities as prescribed in the Early |
5 | | Intervention Services System Act. |
6 | | Section 10-10. Legislative findings and policy. |
7 | | (a) The General Assembly finds that there is an urgent and |
8 | | substantial 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 |
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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 |
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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 |
6 | | intervention services are cost-effective and effectively serve |
7 | | the developmental needs of eligible infants and toddlers and |
8 | | their families. Therefore, the purpose of this Act is to |
9 | | provide a comprehensive, coordinated, interagency, |
10 | | interdisciplinary early intervention services system for |
11 | | eligible infants and toddlers and their families by enhancing |
12 | | the capacity to provide quality early intervention services, |
13 | | expanding and improving existing services, and facilitating |
14 | | coordination of payments for early intervention services from |
15 | | various public and private sources. |
16 | | Section 10-15. Definitions. As used in this Act: |
17 | | (a) "Eligible infants and toddlers" means infants and |
18 | | toddlers under 36 months of age with any of the following |
19 | | conditions: |
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 |
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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 |
21 | | the age of 3 who is the subject of a substantiated case of |
22 | | child abuse or neglect as defined in the federal Child Abuse |
23 | | Prevention and Treatment Act. |
24 | | (b) "Developmental delay" means a delay in one or more of |
25 | | the following areas of childhood development as measured by |
26 | | appropriate diagnostic instruments and standard procedures: |
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1 | | cognitive; physical, including vision and hearing; language, |
2 | | speech and communication; social or emotional; or adaptive. |
3 | | The term means a delay of 30% or more below the mean in |
4 | | function in one or more of those areas. |
5 | | (c) "Physical or mental condition which typically results |
6 | | in 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 |
18 | | observations and parental participation to determine |
19 | | eligibility by a consensus of a multidisciplinary team of 2 or |
20 | | more members based on their professional experience and |
21 | | expertise. |
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 |
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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 |
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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, |
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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 |
14 | | written plan for providing early intervention services to a |
15 | | child eligible under this Act and the child's family, as set |
16 | | forth in Section 10-65. |
17 | | (g) "Local interagency agreement" means an agreement |
18 | | entered into by local community and State and regional |
19 | | agencies receiving early intervention funds directly from the |
20 | | State and made in accordance with State interagency agreements |
21 | | providing for the delivery of early intervention services |
22 | | within a local community area. |
23 | | (h) "Council" means the Illinois Interagency Council on |
24 | | Early Intervention established under Section 10-30. |
25 | | (i) "Lead agency" means the State agency responsible for |
26 | | administering this Act and receiving and disbursing public |
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1 | | funds received in accordance with State and federal law and |
2 | | rules. |
3 | | (i-5) "Central billing office" means the central billing |
4 | | office created by the lead agency under Section 10-75. |
5 | | (j) "Child find" means a service which identifies eligible |
6 | | infants and toddlers. |
7 | | (k) "Regional intake entity" means the lead agency's |
8 | | designated entity responsible for implementation of the Early |
9 | | Intervention Services System within its designated geographic |
10 | | area. |
11 | | (l) "Early intervention provider" means an individual who |
12 | | is qualified, as defined by the lead agency, to provide one or |
13 | | more types of early intervention services, and who has |
14 | | enrolled as a provider in the early intervention program. |
15 | | (m) "Fully credentialed early intervention provider" means |
16 | | an individual who has met the standards in the State |
17 | | applicable to the relevant profession, and has met such other |
18 | | qualifications as the lead agency has determined are suitable |
19 | | for personnel providing early intervention services, including |
20 | | pediatric experience, education, and continuing education. The |
21 | | lead agency shall establish these qualifications by rule filed |
22 | | no later than 180 days after the effective date of this Act. |
23 | | (n) "Telehealth" has the meaning given to that term in |
24 | | Section 5 of the Telehealth Act. |
25 | | (o) "Department" means Department of Early Childhood |
26 | | unless otherwise specified. |
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1 | | Section 10-25. Services delivered by telehealth. An early |
2 | | intervention provider may deliver via telehealth any type of |
3 | | early intervention service outlined in subsection (e) of |
4 | | Section 10-15 to the extent of the early intervention |
5 | | provider's scope of practice as established in the provider's |
6 | | respective licensing Act consistent with the standards of care |
7 | | for in-person services. This Section shall not be construed to |
8 | | alter the scope of practice of any early intervention provider |
9 | | or authorize the delivery of early intervention services in a |
10 | | setting or in a manner not otherwise authorized by the laws of |
11 | | this State. |
12 | | Section 10-30. Illinois Interagency Council on Early |
13 | | Intervention. |
14 | | (a) There is established the Illinois Interagency Council |
15 | | on Early Intervention. The Council shall be composed of at |
16 | | least 20 but not more than 30 members. The members of the |
17 | | Council and the designated chairperson of the Council shall be |
18 | | appointed by the Governor. The Council member representing the |
19 | | lead agency may not serve as chairperson of the Council. On and |
20 | | after July 1, 2026, the Council shall be composed of the |
21 | | following members: |
22 | | (1) The Secretary of Early Childhood (or the Secretary's |
23 | | designee) and 2 additional representatives of the Department |
24 | | of Early Childhood designated by the Secretary, plus the |
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1 | | Directors (or their designees) of the following State agencies |
2 | | involved in the provision of or payment for early intervention |
3 | | services 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; |
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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 |
17 | | places as it deems necessary. Terms of the initial members |
18 | | appointed under paragraph (2) shall be determined by lot at |
19 | | the first Council meeting as follows: of the persons appointed |
20 | | under subparagraphs (A) and (B), one-third shall serve |
21 | | one-year terms, one-third shall serve 2-year terms, and |
22 | | one-third shall serve 3-year terms; and of the persons |
23 | | appointed under subparagraphs (C) and (D), one shall serve a |
24 | | 2-year term and one shall serve a 3-year term. Thereafter, |
25 | | successors appointed under paragraph (2) shall serve 3-year |
26 | | terms. Once appointed, members shall continue to serve until |
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1 | | their successors are appointed. No member shall be appointed |
2 | | to serve more than 2 consecutive terms. |
3 | | Council members shall serve without compensation but shall |
4 | | be reimbursed for reasonable costs incurred in the performance |
5 | | of their duties, including costs related to child care, and |
6 | | parents may be paid a stipend in accordance with applicable |
7 | | requirements. |
8 | | The Council shall prepare and approve a budget using funds |
9 | | appropriated for the purpose to hire staff, and obtain the |
10 | | services of such professional, technical, and clerical |
11 | | personnel as may be necessary to carry out its functions under |
12 | | this Act. This funding support and staff shall be directed by |
13 | | the 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 |
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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 |
20 | | participate substantially in any matter which would provide a |
21 | | direct financial benefit to that member or otherwise give the |
22 | | appearance of a conflict of interest under State law. All |
23 | | provisions and reporting requirements of the Illinois |
24 | | Governmental Ethics Act shall apply to Council members. |
25 | | Section 10-35. Lead agency. Through June 30, 2026, the |
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1 | | Department of Human Services is designated the lead agency and |
2 | | shall provide leadership in establishing and implementing the |
3 | | coordinated, comprehensive, interagency and interdisciplinary |
4 | | system of early intervention services. On and after July 1, |
5 | | 2026, the Department of Early Childhood is designated the lead |
6 | | agency and shall provide leadership in establishing and |
7 | | implementing the coordinated, comprehensive, interagency and |
8 | | interdisciplinary system of early intervention services. The |
9 | | lead agency shall not have the sole responsibility for |
10 | | providing these services. Each participating State agency |
11 | | shall continue to coordinate those early intervention services |
12 | | relating to health, social service and education provided |
13 | | under this authority. |
14 | | The lead agency is responsible for carrying out the |
15 | | following: |
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 |
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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. |
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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 |
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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. |
7 | | The lead agency, in conjunction with the Council and as |
8 | | defined by administrative rule, shall define local service |
9 | | areas and define the geographic boundaries of each so that all |
10 | | areas of the State are included in a local service area but no |
11 | | area of the State is included in more than one service area. In |
12 | | each local service area, the lead agency shall designate a |
13 | | regional entity responsible for the assessment of eligibility |
14 | | and services and a local interagency council responsible for |
15 | | coordination and design of child find and public awareness. |
16 | | The regional entity shall be responsible for staffing the |
17 | | local council, carrying out child find and public awareness |
18 | | activities, and providing advocacy for eligible families |
19 | | within the given geographic area. The regional entity is the |
20 | | prime contractor responsible to the lead agency for |
21 | | implementation of this Act. |
22 | | The lead agency, in conjunction with the Council, shall |
23 | | create local interagency councils. Members of each local |
24 | | interagency council shall include, but not be limited to, the |
25 | | following: parents; representatives from coordination and |
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1 | | advocacy service providers; local education agencies; other |
2 | | local public and private service providers; representatives |
3 | | from State agencies at the local level; and others deemed |
4 | | necessary 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 |
24 | | service system. As required by federal laws and regulations, a |
25 | | statewide system of coordinated, comprehensive, interagency |
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1 | | and interdisciplinary programs shall be established and |
2 | | maintained. The framework of the statewide system shall be |
3 | | based on the components set forth in this Section. This |
4 | | framework shall be used for planning, implementation, |
5 | | coordination and evaluation of the statewide system of locally |
6 | | based 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 |
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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 |
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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 |
26 | | established within a local community area among the prenatal |
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1 | | initiatives affording services to high risk pregnant women. |
2 | | Additional linkages among at risk programs and local literacy |
3 | | programs may also be established. |
4 | | On and after July 1, 2026, the Department of Early |
5 | | Childhood shall continue implementation of the 5-fiscal-year |
6 | | implementation plan that was created by the Department of |
7 | | Human Services with the concurrence of the Interagency Council |
8 | | on Early Intervention. The plan shall list specific activities |
9 | | to be accomplished each year, with cost estimates for each |
10 | | activity. The lead agency shall, with the concurrence of the |
11 | | Interagency Council, submit to the Governor's Office a report |
12 | | on accomplishments of the previous year and a revised list of |
13 | | activities for the remainder of the 5-fiscal-year plan, with |
14 | | cost estimates for each. The Governor shall certify that |
15 | | specific activities in the plan for the previous year have |
16 | | been substantially completed before authorizing relevant State |
17 | | or local agencies to implement activities listed in the |
18 | | revised plan that depend substantially upon completion of one |
19 | | or more of the earlier activities. |
20 | | Section 10-50. Authority to adopt rules. The lead agency |
21 | | shall adopt rules under this Act. These rules shall reflect |
22 | | the intent of federal regulations adopted under Part C of the |
23 | | Individuals with Disabilities Education Improvement Act of |
24 | | 2004 (Sections 1431 through 1444 of Title 20 of the United |
25 | | States Code). |
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1 | | Section 10-55. Role of other State entities. The |
2 | | Departments of Public Health, Early Childhood, Human Services, |
3 | | Children and Family Services, and Healthcare and Family |
4 | | Services; the University of Illinois Division of Specialized |
5 | | Care for Children; the State Board of Education; and any other |
6 | | State agency which directly or indirectly provides or |
7 | | administers early intervention services shall adopt compatible |
8 | | rules for the provision of services to eligible infants and |
9 | | toddlers and their families by July 1, 2026. |
10 | | These agencies shall enter into and maintain formal |
11 | | interagency agreements to enable the State and local agencies |
12 | | serving eligible children and their families to establish |
13 | | working relationships that will increase the efficiency and |
14 | | effectiveness of their early intervention services. The |
15 | | agreements shall outline the administrative, program and |
16 | | financial responsibilities of the relevant State agencies and |
17 | | shall implement a coordinated service delivery system through |
18 | | local interagency agreements. |
19 | | There shall be an Early Childhood Intervention Ombudsman |
20 | | to assist families and local parties in ensuring that all |
21 | | State agencies serving eligible families do so in a |
22 | | comprehensive and collaborative manner. |
23 | | Section 10-60. Standards. The Council and the lead agency, |
24 | | with assistance from parents and providers, shall develop and |
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1 | | promulgate policies and procedures relating to the |
2 | | establishment and implementation of program and personnel |
3 | | standards to ensure that services provided are consistent with |
4 | | any State-approved or recognized certification, licensing, |
5 | | registration, or other comparable requirements which apply to |
6 | | the area of early intervention program service standards. Only |
7 | | State-approved public or private early intervention service |
8 | | providers shall be eligible to receive State and federal |
9 | | funding for early intervention services. All early childhood |
10 | | intervention staff shall hold the highest entry requirement |
11 | | necessary for that position. |
12 | | To be a State-approved early intervention service |
13 | | provider, an individual (i) shall not have served or |
14 | | completed, within the preceding 5 years, a sentence for |
15 | | conviction of any felony that the lead agency establishes by |
16 | | rule and (ii) shall not have been indicated as a perpetrator of |
17 | | child abuse or neglect, within the preceding 5 years, in an |
18 | | investigation by Illinois (pursuant to the Abused and |
19 | | Neglected Child Reporting Act) or another state. The Lead |
20 | | Agency is authorized to receive criminal background checks for |
21 | | such providers and persons applying to be such a provider and |
22 | | to receive child abuse and neglect reports regarding indicated |
23 | | perpetrators who are applying to provide or currently |
24 | | authorized to provide early intervention services in Illinois. |
25 | | Beginning January 1, 2004, every provider of State-approved |
26 | | early intervention services and every applicant to provide |
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1 | | such services must authorize, in writing and in the form |
2 | | required by the lead agency, a State and FBI criminal |
3 | | background check, as requested by the Department, and check of |
4 | | child abuse and neglect reports regarding the provider or |
5 | | applicant as a condition of authorization to provide early |
6 | | intervention services. The lead agency shall use the results |
7 | | of the checks only to determine State approval of the early |
8 | | intervention service provider and shall not re-release the |
9 | | information 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 |
12 | | toddler'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 |
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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 |
18 | | evaluated once a year and the family shall be provided a review |
19 | | of the Plan at 6-month intervals or more often where |
20 | | appropriate based on infant or toddler and family needs. The |
21 | | lead agency shall create a quality review process regarding |
22 | | Individualized Family Service Plan development and changes |
23 | | thereto, to monitor and help ensure that resources are being |
24 | | used to provide appropriate early intervention services. |
25 | | (c) The initial evaluation and initial assessment and |
26 | | initial Plan meeting must be held within 45 days after the |
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1 | | initial contact with the early intervention services system. |
2 | | The 45-day timeline does not apply for any period when the |
3 | | child or parent is unavailable to complete the initial |
4 | | evaluation, the initial assessments of the child and family, |
5 | | or the initial Plan meeting, due to exceptional family |
6 | | circumstances that are documented in the child's early |
7 | | intervention records, or when the parent has not provided |
8 | | consent for the initial evaluation or the initial assessment |
9 | | of the child despite documented, repeated attempts to obtain |
10 | | parental consent. As soon as exceptional family circumstances |
11 | | no longer exist or parental consent has been obtained, the |
12 | | initial evaluation, the initial assessment, and the initial |
13 | | Plan meeting must be completed as soon as possible. With |
14 | | parental consent, early intervention services may commence |
15 | | before the completion of the comprehensive assessment and |
16 | | development of the Plan. All early intervention services shall |
17 | | be initiated as soon as possible but not later than 30 calendar |
18 | | days after the consent of the parent or guardian has been |
19 | | obtained for the individualized family service plan, in |
20 | | accordance with rules adopted by the lead agency. |
21 | | (d) Parents must be informed that early intervention |
22 | | services shall be provided to each eligible infant and |
23 | | toddler, to the maximum extent appropriate, in the natural |
24 | | environment, which may include the home or other community |
25 | | settings. Parents must also be informed of the availability of |
26 | | early intervention services provided through telehealth |
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1 | | services. Parents shall make the final decision to accept or |
2 | | decline early intervention services, including whether |
3 | | accepted services are delivered in person or via telehealth |
4 | | services. A decision to decline such services shall not be a |
5 | | basis for administrative determination of parental fitness, or |
6 | | other findings or sanctions against the parents. Parameters of |
7 | | the Plan shall be set forth in rules. |
8 | | (e) The regional intake offices shall explain to each |
9 | | family, 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. |
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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 |
11 | | whether the family has private insurance coverage and, if the |
12 | | family has such coverage, must have attached to it a copy of |
13 | | the family's insurance identification card or otherwise |
14 | | include 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 |
23 | | be provided to each enrolled provider who is providing early |
24 | | intervention services to the child who is the subject of that |
25 | | plan. |
26 | | (h) Children receiving services under this Act shall |
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1 | | receive a smooth and effective transition by their third |
2 | | birthday consistent with federal regulations adopted pursuant |
3 | | to Sections 1431 through 1444 of Title 20 of the United States |
4 | | Code. Beginning January 1, 2022, children who receive early |
5 | | intervention services prior to their third birthday and are |
6 | | found eligible for an individualized education program under |
7 | | the Individuals with Disabilities Education Act, 20 U.S.C. |
8 | | 1414(d)(1)(A), and under Section 14-8.02 of the School Code |
9 | | and whose birthday falls between May 1 and August 31 may |
10 | | continue to receive early intervention services until the |
11 | | beginning of the school year following their third birthday in |
12 | | order to minimize gaps in services, ensure better continuity |
13 | | of care, and align practices for the enrollment of preschool |
14 | | children with special needs to the enrollment practices of |
15 | | typically developing preschool children. |
16 | | Section 10-70. Procedural safeguards. The lead agency |
17 | | shall adopt procedural safeguards that meet federal |
18 | | requirements and ensure effective implementation of the |
19 | | safeguards for families by each public agency involved in the |
20 | | provision of early intervention services under this Act. |
21 | | The procedural safeguards shall provide, at a minimum, the |
22 | | following: |
23 | | (a) The timely administrative resolution of State |
24 | | complaints, due process hearings, and mediations as defined by |
25 | | administrative rule. |
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1 | | (b) The right to confidentiality of personally |
2 | | identifiable information. |
3 | | (c) The opportunity for parents and a guardian to examine |
4 | | and receive copies of records relating to evaluations and |
5 | | assessments, screening, eligibility determinations, and the |
6 | | development and implementation of the Individualized Family |
7 | | Service Plan provision of early intervention services, |
8 | | individual complaints involving the child, or any part of the |
9 | | child's early intervention record. |
10 | | (d) Procedures to protect the rights of the eligible |
11 | | infant or toddler whenever the parents or guardians of the |
12 | | child are not known or unavailable or the child is a youth in |
13 | | care as defined in Section 4d of the Children and Family |
14 | | Services Act, including the assignment of an individual (who |
15 | | shall not be an employee of the State agency or local agency |
16 | | providing services) to act as a surrogate for the parents or |
17 | | guardian. The regional intake entity must make reasonable |
18 | | efforts to ensure the assignment of a surrogate parent not |
19 | | more than 30 days after a public agency determines that the |
20 | | child needs a surrogate parent. |
21 | | (e) Timely written prior notice to the parents or guardian |
22 | | of the eligible infant or toddler whenever the State agency or |
23 | | public or private service provider proposes to initiate or |
24 | | change or refuses to initiate or change the identification, |
25 | | evaluation, placement, or the provision of appropriate early |
26 | | intervention services to the eligible infant or toddler. |
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1 | | (f) Written prior notice to fully inform the parents or |
2 | | guardians, in their native language or mode of communication |
3 | | used by the parent, unless clearly not feasible to do so, in a |
4 | | comprehensible manner, of these procedural safeguards. |
5 | | (g) During the pendency of any State complaint procedure, |
6 | | due process hearing, or mediation involving a complaint, |
7 | | unless the State agency and the parents or guardian otherwise |
8 | | agree, the child shall continue to receive the appropriate |
9 | | early intervention services currently being provided, or in |
10 | | the case of an application for initial services, the child |
11 | | shall receive the services not in dispute. |
12 | | Section 10-75. Funding and fiscal responsibility. |
13 | | (a) The lead agency and every other participating State |
14 | | agency may receive and expend funds appropriated by the |
15 | | General Assembly to implement the early intervention services |
16 | | system as required by this Act. |
17 | | (b) The lead agency and each participating State agency |
18 | | shall identify and report on an annual basis to the Council the |
19 | | State agency funds used for the provision of early |
20 | | intervention services to eligible infants and toddlers. |
21 | | (c) Funds provided under Section 633 of the Individuals |
22 | | with Disabilities Education Act (20 United States Code 1433) |
23 | | and State funds designated or appropriated for early |
24 | | intervention services or programs may not be used to satisfy a |
25 | | financial commitment for services which would have been paid |
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1 | | for from another public or private source but for the |
2 | | enactment of this Act, except whenever considered necessary to |
3 | | prevent delay in receiving appropriate early intervention |
4 | | services by the eligible infant or toddler or family in a |
5 | | timely manner. "Public or private source" includes public and |
6 | | private insurance coverage. |
7 | | Funds provided under Section 633 of the Individuals with |
8 | | Disabilities Education Act and State funds designated or |
9 | | appropriated for early intervention services or programs may |
10 | | be used by the lead agency to pay the provider of services (A) |
11 | | pending reimbursement from the appropriate State agency or (B) |
12 | | if (i) the claim for payment is denied in whole or in part by a |
13 | | public or private source, or would be denied under the written |
14 | | terms of the public program or plan or private plan, or (ii) |
15 | | use of private insurance for the service has been exempted |
16 | | under Section 10-100. Payment under item (B)(i) may be made |
17 | | based on a pre-determination telephone inquiry supported by |
18 | | written documentation of the denial supplied thereafter by the |
19 | | insurance carrier. |
20 | | (d) Nothing in this Act shall be construed to permit the |
21 | | State to reduce medical or other assistance available or to |
22 | | alter eligibility under Title V and Title XIX of the Social |
23 | | Security Act relating to the Maternal Child Health Program and |
24 | | Medicaid for eligible infants and toddlers in this State. |
25 | | (e) The lead agency shall create a central billing office |
26 | | to receive and dispense all relevant State and federal |
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1 | | resources, as well as local government or independent |
2 | | resources available, for early intervention services. This |
3 | | office shall assure that maximum federal resources are |
4 | | utilized and that providers receive funds with minimal |
5 | | duplications or interagency reporting and with consolidated |
6 | | audit procedures. |
7 | | (f) The lead agency shall, by rule, create a system of |
8 | | payments by families, including a schedule of fees. No fees, |
9 | | however, may be charged for implementing child find, |
10 | | evaluation and assessment, service coordination, |
11 | | administrative and coordination activities related to the |
12 | | development, review, and evaluation of Individualized Family |
13 | | Service Plans, or the implementation of procedural safeguards |
14 | | and other administrative components of the statewide early |
15 | | intervention system. |
16 | | The system of payments, called family fees, shall be |
17 | | structured on a sliding scale based on the family's ability to |
18 | | pay. The family's coverage or lack of coverage under a public |
19 | | or private insurance plan or policy shall not be a factor in |
20 | | determining the amount of the family fees. |
21 | | Each family's fee obligation shall be established |
22 | | annually, and shall be paid by families to the central billing |
23 | | office in installments. At the written request of the family, |
24 | | the fee obligation shall be adjusted prospectively at any |
25 | | point during the year upon proof of a change in family income |
26 | | or family size. The inability of the parents of an eligible |
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1 | | child to pay family fees due to catastrophic circumstances or |
2 | | extraordinary expenses shall not result in the denial of |
3 | | services to the child or the child's family. A family must |
4 | | document its extraordinary expenses or other catastrophic |
5 | | circumstances by showing one of the following: (i) |
6 | | out-of-pocket medical expenses in excess of 15% of gross |
7 | | income; (ii) a fire, flood, or other disaster causing a direct |
8 | | out-of-pocket loss in excess of 15% of gross income; or (iii) |
9 | | other catastrophic circumstances causing out-of-pocket losses |
10 | | in excess of 15% of gross income. The family must present proof |
11 | | of loss to its service coordinator, who shall document it, and |
12 | | the lead agency shall determine whether the fees shall be |
13 | | reduced, forgiven, or suspended within 10 business days after |
14 | | the family's request. |
15 | | (g) To ensure that early intervention funds are used as |
16 | | the payor of last resort for early intervention services, the |
17 | | lead agency shall determine at the point of early intervention |
18 | | intake, and again at any periodic review of eligibility |
19 | | thereafter or upon a change in family circumstances, whether |
20 | | the family is eligible for or enrolled in any program for which |
21 | | payment is made directly or through public or private |
22 | | insurance for any or all of the early intervention services |
23 | | made available under this Act. The lead agency shall establish |
24 | | procedures to ensure that payments are made either directly |
25 | | from these public and private sources instead of from State or |
26 | | federal early intervention funds, or as reimbursement for |
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1 | | payments previously made from State or federal early |
2 | | intervention funds. |
3 | | Section 10-80. Other programs. |
4 | | (a) When an application or a review of eligibility for |
5 | | early intervention services is made, and at any eligibility |
6 | | redetermination thereafter, the family shall be asked if it is |
7 | | currently enrolled in any federally funded, Department of |
8 | | Healthcare and Family Services administered, medical programs, |
9 | | or the Title V program administered by the University of |
10 | | Illinois Division of Specialized Care for Children. If the |
11 | | family is enrolled in any of these programs, that information |
12 | | shall be put on the individualized family service plan and |
13 | | entered into the computerized case management system, and |
14 | | shall require that the individualized family services plan of |
15 | | a child who has been found eligible for services through the |
16 | | Division of Specialized Care for Children state that the child |
17 | | is enrolled in that program. For those programs in which the |
18 | | family is not enrolled, a preliminary eligibility screen shall |
19 | | be 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 |
22 | | funded, Department of Healthcare and Family Services |
23 | | administered, medical programs) benefits under the Children's |
24 | | Health Insurance Program Act, and (iii) Title V maternal and |
25 | | child health services provided through the Division of |
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1 | | Specialized Care for Children of the University of Illinois. |
2 | | (b) For purposes of determining family fees under |
3 | | subsection (f) of Section 10-75 and determining eligibility |
4 | | for the other programs and services specified in items (i) |
5 | | through (iii) of subsection (a), the lead agency shall develop |
6 | | and use, with the cooperation of the Department of Healthcare |
7 | | and Family Services and the Division of Specialized Care for |
8 | | Children of the University of Illinois, a screening device |
9 | | that provides sufficient information for the early |
10 | | intervention regional intake entities or other agencies to |
11 | | establish eligibility for those other programs and shall, in |
12 | | cooperation with the Illinois Department of Healthcare and |
13 | | Family Services and the Division of Specialized Care for |
14 | | Children, train the regional intake entities on using the |
15 | | screening device. |
16 | | (c) When a child is determined eligible for and enrolled |
17 | | in the early intervention program and has been found to at |
18 | | least meet the threshold income eligibility requirements for |
19 | | any federally funded, Department of Healthcare and Family |
20 | | Services administered, medical programs, the regional intake |
21 | | entity shall complete an application for any federally funded, |
22 | | Department of Healthcare and Family Services administered, |
23 | | medical programs with the family and forward it to the |
24 | | Department of Healthcare and Family Services for a |
25 | | determination of eligibility. A parent shall not be required |
26 | | to enroll in any federally funded, Department of Healthcare |
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1 | | and Family Services administered, medical programs as a |
2 | | condition of receiving services provided pursuant to Part C of |
3 | | the Individuals with Disabilities Education Act. |
4 | | (d) With the cooperation of the Department of Healthcare |
5 | | and Family Services, the lead agency shall establish |
6 | | procedures that ensure the timely and maximum allowable |
7 | | recovery of payments for all early intervention services and |
8 | | allowable administrative costs under Article V of the Illinois |
9 | | Public Aid Code and the Children's Health Insurance Program |
10 | | Act and shall include those procedures in the interagency |
11 | | agreement required under subsection (e) of Section 10-35 of |
12 | | Article 10 of this Act. |
13 | | (e) For purposes of making referrals for final |
14 | | determinations of eligibility for any federally funded, |
15 | | Department of Healthcare and Family Services administered, |
16 | | medical programs benefits under the Children's Health |
17 | | Insurance Program Act and for medical assistance under Article |
18 | | V of the Illinois Public Aid Code, the lead agency shall |
19 | | require each early intervention regional intake entity to |
20 | | enroll as an application agent in order for the entity to |
21 | | complete any federally funded, Department of Healthcare and |
22 | | Family Services administered, medical programs application as |
23 | | authorized under Section 22 of the Children's Health Insurance |
24 | | Program Act. |
25 | | (f) For purposes of early intervention services that may |
26 | | be provided by the Division of Specialized Care for Children |
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1 | | of the University of Illinois (DSCC), the lead agency shall |
2 | | establish procedures whereby the early intervention regional |
3 | | intake entities may determine whether children enrolled in the |
4 | | early intervention program may also be eligible for those |
5 | | services, and shall develop, (i) the interagency agreement |
6 | | required under subsection (e) of Section 10-35 of this Act, |
7 | | establishing that early intervention funds are to be used as |
8 | | the payor of last resort when services required under an |
9 | | individualized family services plan may be provided to an |
10 | | eligible child through the DSCC, and (ii) training guidelines |
11 | | for the regional intake entities and providers that explain |
12 | | eligibility and billing procedures for services through DSCC. |
13 | | (g) The lead agency shall require that an individual |
14 | | applying for or renewing enrollment as a provider of services |
15 | | in the early intervention program state whether or not he or |
16 | | she is also enrolled as a DSCC provider. This information |
17 | | shall be noted next to the name of the provider on the |
18 | | computerized roster of Illinois early intervention providers, |
19 | | and regional intake entities shall make every effort to refer |
20 | | families eligible for DSCC services to these providers. |
21 | | Section 10-85. Private health insurance; assignment. The |
22 | | lead agency shall determine, at the point of new applications |
23 | | for early intervention services, and for all children enrolled |
24 | | in the early intervention program, at the regional intake |
25 | | offices, whether the child is insured under a private health |
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1 | | insurance plan or policy. |
2 | | Section 10-90. Billing of insurance carrier. |
3 | | (a) Subject to the restrictions against private insurance |
4 | | use on the basis of material risk of loss of coverage, as |
5 | | determined under Section 10-100, each enrolled provider who is |
6 | | providing a family with early intervention services shall bill |
7 | | the child's insurance carrier for each unit of early |
8 | | intervention service for which coverage may be available. The |
9 | | lead agency may exempt from the requirement of this paragraph |
10 | | any early intervention service that it has deemed not to be |
11 | | covered by insurance plans. When the service is not exempted, |
12 | | providers who receive a denial of payment on the basis that the |
13 | | service is not covered under any circumstance under the plan |
14 | | are not required to bill that carrier for that service again |
15 | | until the following insurance benefit year. That explanation |
16 | | of benefits denying the claim, once submitted to the central |
17 | | billing office, shall be sufficient to meet the requirements |
18 | | of this paragraph as to subsequent services billed under the |
19 | | same billing code provided to that child during that insurance |
20 | | benefit year. Any time limit on a provider's filing of a claim |
21 | | for payment with the central billing office that is imposed |
22 | | through a policy, procedure, or rule of the lead agency shall |
23 | | be suspended until the provider receives an explanation of |
24 | | benefits or other final determination of the claim it files |
25 | | with the child's insurance carrier. |
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1 | | (b) In all instances when an insurance carrier has been |
2 | | billed for early intervention services, whether paid in full, |
3 | | paid in part, or denied by the carrier, the provider must |
4 | | provide the central billing office, within 90 days after |
5 | | receipt, with a copy of the explanation of benefits form and |
6 | | other information in the manner prescribed by the lead agency. |
7 | | (c) When the insurance carrier has denied the claim or |
8 | | paid an amount for the early intervention service billed that |
9 | | is less than the current State rate for early intervention |
10 | | services, the provider shall submit the explanation of |
11 | | benefits with a claim for payment, and the lead agency shall |
12 | | pay the provider the difference between the sum actually paid |
13 | | by the insurance carrier for each unit of service provided |
14 | | under the individualized family service plan and the current |
15 | | State rate for early intervention services. The State shall |
16 | | also pay the family's co-payment or co-insurance under its |
17 | | plan, but only to the extent that those payments plus the |
18 | | balance of the claim do not exceed the current State rate for |
19 | | early intervention services. The provider may under no |
20 | | circumstances bill the family for the difference between its |
21 | | charge for services and that which has been paid by the |
22 | | insurance carrier or by the State. |
23 | | Section 10-95. Families with insurance coverage. |
24 | | (a) Families of children with insurance coverage, whether |
25 | | public or private, shall incur no greater or less direct |
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1 | | out-of-pocket expenses for early intervention services than |
2 | | families 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 |
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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 |
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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, |
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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 |
6 | | family whose child is eligible to receive early intervention |
7 | | services to apply for an exemption restricting the use of its |
8 | | private insurance plan or policy based on material risk of |
9 | | loss of coverage as authorized under subsection (c) of this |
10 | | Section. |
11 | | (b) The lead agency shall make a final determination on a |
12 | | request for an exemption within 10 business days after its |
13 | | receipt of a written request for an exemption at the regional |
14 | | intake entity. During those 10 days, no claims may be filed |
15 | | against the insurance plan or policy. If the exemption is |
16 | | granted, it shall be noted on the individualized family |
17 | | service plan, and the family and the providers serving the |
18 | | family shall be notified in writing of the exemption. |
19 | | (c) An exemption may be granted on the basis of material |
20 | | risk of loss of coverage only if the family submits |
21 | | documentation with its request for an exemption that |
22 | | establishes (i) that the insurance plan or policy covering the |
23 | | child is an individually purchased plan or policy and has been |
24 | | purchased by a head of a household that is not eligible for a |
25 | | group medical insurance plan, (ii) that the policy or plan has |
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1 | | a lifetime cap that applies to one or more specific types of |
2 | | early intervention services specified in the family's |
3 | | individualized family service plan, and that coverage could be |
4 | | exhausted during the period covered by the individualized |
5 | | family service plan, or (iii) proof of another risk that the |
6 | | lead agency, in its discretion, may have additionally |
7 | | established and defined as a ground for exemption by rule. |
8 | | (d) An exemption under this Section based on material risk |
9 | | of loss of coverage may apply to all early intervention |
10 | | services and all plans or policies insuring the child, may be |
11 | | limited to one or more plans or policies, or may be limited to |
12 | | one or more types of early intervention services in the |
13 | | child's individualized family services plan. |
14 | | Section 10-105. System of personnel development. The lead |
15 | | agency shall provide training to early intervention providers |
16 | | and may enter into contracts to meet this requirement in |
17 | | accordance with Section 1-30(c) of this Act. This training |
18 | | shall include, at minimum, the following types of instruction: |
19 | | (a) Courses in birth-to-3 evaluation and treatment of |
20 | | children with developmental disabilities and delays (1) that |
21 | | are taught by fully credentialed early intervention providers |
22 | | or educators with substantial experience in evaluation and |
23 | | treatment of children from birth to age 3 with developmental |
24 | | disabilities and delays, (2) that cover these topics within |
25 | | each of the disciplines of audiology, occupational therapy, |
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1 | | physical therapy, speech and language pathology, and |
2 | | developmental therapy, including the social-emotional domain |
3 | | of development, (3) that are held no less than twice per year, |
4 | | (4) that offer no fewer than 20 contact hours per year of |
5 | | course work, (5) that are held in no fewer than 5 separate |
6 | | locales throughout the State, and (6) that give enrollment |
7 | | priority to early intervention providers who do not meet the |
8 | | experience, education, or continuing education requirements |
9 | | necessary to be fully credentialed early intervention |
10 | | providers; and |
11 | | (b) Courses held no less than twice per year for no fewer |
12 | | than 4 hours each in no fewer than 5 separate locales |
13 | | throughout 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. |
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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 |
6 | | 1-30(c) of this Act, the lead agency may enter into contracts |
7 | | for some or all of its responsibilities under this Act, |
8 | | including, but not limited to: credentialing and enrolling |
9 | | providers; training under Section 10-105; maintaining a |
10 | | central billing office; data collection and analysis; |
11 | | establishing and maintaining a computerized case management |
12 | | system accessible to local referral offices and providers; |
13 | | creating and maintaining a system for provider credentialing |
14 | | and enrollment; creating and maintaining the central directory |
15 | | required under subsection (g) of Section 10-45 of this Act; |
16 | | and program operations. Contracts with or grants to regional |
17 | | intake entities must be made subject to public bid under a |
18 | | request for proposals process no later than July 1, 2005. |
19 | | Section 10-120. Early Intervention Services Revolving |
20 | | Fund. The Early Intervention Services Revolving Fund, created |
21 | | by Public Act 89-106, shall be held by the lead agency. |
22 | | The Early Intervention Services Revolving Fund shall be |
23 | | used to the extent determined necessary by the lead agency to |
24 | | pay for early intervention services. |
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1 | | Local Accounts for such purposes may be established by the |
2 | | lead agency. |
3 | | Expenditures from the Early Intervention Services |
4 | | Revolving Fund shall be made in accordance with applicable |
5 | | program provisions and shall be limited to those purposes and |
6 | | amounts specified under applicable program guidelines. Funding |
7 | | of the Fund shall be from family fees, insurance company |
8 | | payments, federal financial participation received as |
9 | | reimbursement for expenditures from the Fund, and |
10 | | appropriations made to the State agencies involved in the |
11 | | payment for early intervention services under this Act. |
12 | | Disbursements from the Early Intervention Services |
13 | | Revolving Fund shall be made as determined by the lead agency |
14 | | or its designee. Funds in the Early Intervention Services |
15 | | Revolving Fund or the local accounts created under this |
16 | | Section that are not immediately required for expenditure may |
17 | | be invested in certificates of deposit or other interest |
18 | | bearing accounts. Any interest earned shall be deposited in |
19 | | the 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 |
23 | | responsibilities related to home-visiting services Beginning |
24 | | July 1, 2024, the Department of Early Childhood and the |
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1 | | Department of Human Services shall collaborate and plan for |
2 | | the transition of administrative responsibilities related to |
3 | | home-visiting services as prescribed in Section 10-16 of the |
4 | | Department of Human Services Act. |
5 | | Section 15-10. Home visiting program. |
6 | | (a) The General Assembly finds that research-informed home |
7 | | visiting programs work to strengthen families' functioning and |
8 | | support parents in caring for their children to ensure optimal |
9 | | child development. |
10 | | (b) Through June 30, 2026, the Department of Human |
11 | | Services shall administer a home visiting program to support |
12 | | communities in providing intensive home visiting programs to |
13 | | pregnant persons and families with children from birth up to |
14 | | elementary school enrollment. Services shall be offered on a |
15 | | voluntary basis to families. In awarding grants under the |
16 | | program, the Department of Human Services shall prioritize |
17 | | populations or communities in need of such services, as |
18 | | determined by the Department of Human Services, based on data |
19 | | including, but not limited to, statewide home visiting needs |
20 | | assessments. Eligibility under the program shall also take |
21 | | into consideration requirements of the federal Maternal, |
22 | | Infant, and Early Childhood Home Visiting Program and Head |
23 | | Start and Early Head Start to ensure appropriate alignment. |
24 | | The overall goals for these services are to: |
25 | | (1) improve maternal and newborn health; |
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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 |
7 | | Childhood shall establish and administer a home visiting |
8 | | program to support communities in providing intensive home |
9 | | visiting programs to pregnant persons and families with |
10 | | children 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 |
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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 |
11 | | home-visiting programs subject to Section 15-10 (b) and |
12 | | Section 15-10(b-5) shall award grants to community-based |
13 | | agencies in accordance with this Section and any other rules |
14 | | that may be adopted by the Department. Successful grantees |
15 | | under this program shall comply with policies and procedures |
16 | | on program, data, and expense reporting as developed by the |
17 | | Department. |
18 | | (e) Funds received under this Section shall supplement, |
19 | | not supplant, other existing or new federal, State, or local |
20 | | sources of funding for these services. Any new federal funding |
21 | | received shall supplement and not supplant funding for this |
22 | | program. |
23 | | (f) The Department administering home-visiting programs |
24 | | subject to Section 15-10 (b) and Section 15-10(b-5) shall |
25 | | collaborate with relevant agencies to support the coordination |
26 | | and alignment of home visiting services provided through other |
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1 | | State and federal funds, to the extent possible. The |
2 | | Department administering home-visiting programs subject to |
3 | | Section 15-10 (b) and Section 15-10(b-5) shall collaborate |
4 | | with the State Board of Education, the Department of |
5 | | Healthcare and Family Services, and Head Start and Early Head |
6 | | Start in the implementation of these services to support |
7 | | alignment with home visiting services provided through the |
8 | | Early Childhood Block Grant and the State's Medical Assistance |
9 | | Program, respectively, to the extent possible. |
10 | | (g) An advisory committee shall advise the Department |
11 | | administering home-visiting programs subject to Section |
12 | | 15-10(b) and Section 15-10(b-5) concerning the implementation |
13 | | of the home visiting program. The advisory committee shall |
14 | | make recommendations on policy and implementation. The |
15 | | Department shall determine whether the advisory committee |
16 | | shall be a newly created body or an existing body such as a |
17 | | committee of the Illinois Early Learning Council. The advisory |
18 | | committee shall consist of one or more representatives of the |
19 | | Department, other members representing public and private |
20 | | entities that serve and interact with the families served |
21 | | under the home visiting program, with the input of families |
22 | | engaged in home visiting or related services themselves. |
23 | | Family input may be secured by engaging families as members of |
24 | | this advisory committee or as a separate committee of family |
25 | | representatives. |
26 | | (h) The Department of Early Childhood may adopt any rules |
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1 | | necessary to implement this Section. |
2 | | Section 15-15. Collaboration; planning. Beginning July 1, |
3 | | 2024, the Department of Early Childhood shall collaborate with |
4 | | the Illinois State Board of Education on administration of the |
5 | | early childhood home-visiting and preschool programs |
6 | | established in Sections 1C-2, 2-3.71, and 2-3.71a in the |
7 | | School Code. The Department of Early Childhood and the |
8 | | Illinois State Board of Education shall plan for the transfer |
9 | | of administrative responsibilities that will occur on and |
10 | | after July 1, 2026. |
11 | | Section 15-20. Programs concerning services to at-risk |
12 | | children and their families. |
13 | | (a) On and after July 1, 2026, the Department of Early |
14 | | Childhood may provide grants to eligible entities, as defined |
15 | | by the Department, to establish programs which offer |
16 | | coordinated services to at-risk infants and toddlers and their |
17 | | families. Each program shall include a parent education |
18 | | program relating to the development and nurturing of infants |
19 | | and toddlers and case management services to coordinate |
20 | | existing services available in the region served by the |
21 | | program. These services shall be provided through the |
22 | | implementation of an individual family service plan. Each |
23 | | program will have a community involvement component to provide |
24 | | coordination in the service system. |
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1 | | (b) The Department shall administer the programs through |
2 | | the grants to public school districts and other eligible |
3 | | entities. These grants must be used to supplement, not |
4 | | supplant, funds received from any other source. School |
5 | | districts and other eligible entities receiving grants |
6 | | pursuant to this Section shall conduct voluntary, intensive, |
7 | | research-based, and comprehensive prevention services, as |
8 | | defined by the Department, for expecting parents and families |
9 | | with children from birth to age 3 who are at-risk of academic |
10 | | failure. A public school district that receives a grant under |
11 | | this Section may subcontract with other eligible entities. |
12 | | (c) The Department shall report to the General Assembly by |
13 | | July 1, 2028 and every 2 years thereafter, using the most |
14 | | current data available, on the status of programs funded under |
15 | | this Section, including without limitation characteristics of |
16 | | participants, services delivered, program models used, unmet |
17 | | needs, and results of the programs funded. |
18 | | Section 15-25. Block grants. |
19 | | (a) Through June 30, 2026, the State Board of Education |
20 | | shall award block grants to school districts and other |
21 | | entities pursuant to Section 1C-1 of the School Code. |
22 | | (b) On and after July 1, 2026, the Department of Early |
23 | | Childhood shall award to school districts and other entities |
24 | | block grants as described in subsection (c). The Department of |
25 | | Early Childhood may adopt rules necessary to implement this |
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1 | | Section. Block grants are subject to audit. Therefore, block |
2 | | grant receipts and block grant expenditures shall be recorded |
3 | | to the appropriate fund code. |
4 | | (c) An Early Childhood Education Block Grant shall be |
5 | | created by combining the following programs: Preschool |
6 | | Education, Parental Training and Prevention Initiative. These |
7 | | funds shall be distributed to school districts and other |
8 | | entities on a competitive basis, except that the Department of |
9 | | Early Childhood shall award to a school district having a |
10 | | population exceeding 500,000 inhabitants 37% of the funds in |
11 | | each fiscal year. Not less than 14% of the Early Childhood |
12 | | Education Block Grant allocation of funds shall be used to |
13 | | fund programs for children ages 0-3. Beginning in Fiscal Year |
14 | | 2016, at least 25% of any additional Early Childhood Education |
15 | | Block Grant funding over and above the previous fiscal year's |
16 | | allocation shall be used to fund programs for children ages |
17 | | 0-3. Once the percentage of Early Childhood Education Block |
18 | | Grant funding allocated to programs for children ages 0-3 |
19 | | reaches 20% of the overall Early Childhood Education Block |
20 | | Grant allocation for a full fiscal year, thereafter in |
21 | | subsequent fiscal years the percentage of Early Childhood |
22 | | Education Block Grant funding allocated to programs for |
23 | | children ages 0-3 each fiscal year shall remain at least 20% of |
24 | | the overall Early Childhood Education Block Grant allocation. |
25 | | However, if, in a given fiscal year, the amount appropriated |
26 | | for the Early Childhood Education Block Grant is insufficient |
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1 | | to increase the percentage of the grant to fund programs for |
2 | | children ages 0-3 without reducing the amount of the grant for |
3 | | existing providers of preschool education programs, then the |
4 | | percentage of the grant to fund programs for children ages 0-3 |
5 | | may be held steady instead of increased. |
6 | | (d) A school district in a city having a population |
7 | | exceeding 500,000 is not required to file any application or |
8 | | other claim in order to receive the block grant to which it is |
9 | | entitled under this Section. The Department of Early Childhood |
10 | | shall make payments to the district of amounts due under the |
11 | | district's block grant on a schedule determined by the |
12 | | Department. A school district to which this Section applies |
13 | | shall report to the Department of Early Childhood on its use of |
14 | | the block grant in such form and detail as the Department may |
15 | | specify. In addition, the report must include the following |
16 | | description for the district, which must also be reported to |
17 | | the General Assembly: block grant allocation and expenditures |
18 | | by program; population and service levels by program; and |
19 | | administrative expenditures by program. The Department shall |
20 | | ensure that the reporting requirements for the district are |
21 | | the same as for all other school districts in this State. |
22 | | Beginning in Fiscal Year 2018, at least 25% of any additional |
23 | | Preschool Education, Parental Training, and Prevention |
24 | | Initiative program funding over and above the previous fiscal |
25 | | year's allocation shall be used to fund programs for children |
26 | | ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool |
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1 | | Education, Parental Training, and Prevention Initiative |
2 | | programs above the allocation for these programs in Fiscal |
3 | | Year 2017 must be used solely as a supplement for these |
4 | | programs and may not supplant funds received from other |
5 | | sources. |
6 | | (e) Reports. School districts and other entities that |
7 | | receive an Early Childhood Education Block Grant shall report |
8 | | to the Department of Early Childhood on its use of the block |
9 | | grant in such form and detail as the Department may specify. In |
10 | | addition, the report must include the following description |
11 | | for the district and other entities that receive an Early |
12 | | Childhood Block Grant, which must also be reported to the |
13 | | General Assembly: block grant allocation and expenditures by |
14 | | program; population and service levels by program; and |
15 | | administrative 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 |
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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 |
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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 |
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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 |
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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 |
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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, |
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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 |
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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 |
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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 |
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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. |
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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. |
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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 |
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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, |
24 | | grantees may serve children ages 0 to 12 of essential workers |
25 | | if the Governor has declared a disaster due to a public health |
26 | | emergency pursuant to Section 7 of the Illinois Emergency |
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1 | | Management Agency Act. The Department of Early Childhood may |
2 | | adopt rules to administer this subsection. |
3 | | Section 15-35. Chronic absenteeism in preschool children. |
4 | | (a) In this Section, "chronic absence" means absences that |
5 | | total 10% or more of school days of the most recent academic |
6 | | school year, including absences with and without valid cause, |
7 | | as defined in Section 26-2a of the School Code. |
8 | | (b) The General Assembly makes all of the following |
9 | | findings: |
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 |
23 | | Expansion Program under Section 15-30 of this Act shall |
24 | | collect and review its chronic absence data and determine what |
25 | | support and resources are needed to positively engage |
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1 | | chronically absent students and their families to encourage |
2 | | the habit of daily attendance and promote success. |
3 | | (d) The Preschool for All Program and Preschool for All |
4 | | Expansion Program under Section 15-30 of this Act are |
5 | | encouraged 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 |
17 | | through June 30, 2026, the Preschool for All Program and |
18 | | Preschool for All Expansion Program shall report all data |
19 | | collected under subsection (c) of this Section to the State |
20 | | Board of Education, which shall make the report publicly |
21 | | available via the Illinois Early Childhood Asset Map Internet |
22 | | website and the Preschool for All Program or Preschool for All |
23 | | Expansion Program triennial report. |
24 | | (e-5) On and after July 1, 2026, the Department of Early |
25 | | Childhood shall collect and review its chronic absence data |
26 | | and determine what support and resources are needed to |
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1 | | positively engage chronically absent students and their |
2 | | families to encourage the habit of daily attendance and |
3 | | promote success. The Department shall report all data |
4 | | collected and make a report publicly available via the |
5 | | Illinois Early Childhood Asset Map Internet website and the |
6 | | Preschool for All Program or Preschool for All Expansion |
7 | | Program triennial report. |
8 | | Section 15-40. Restrictions on prekindergarten |
9 | | assessments. |
10 | | (a) In this Section: |
11 | | "Diagnostic and screening purposes" means for the purpose |
12 | | of determining if individual students need remedial |
13 | | instruction or to determine eligibility for special education, |
14 | | early intervention, bilingual education, dyslexia services, or |
15 | | other related educational services. Any assessment used to |
16 | | determine eligibility for special education or related |
17 | | services must be consistent with Section 614 of the federal |
18 | | Individuals with Disabilities Education Act. "Diagnostic and |
19 | | screening purposes" includes the identification and evaluation |
20 | | of students with disabilities. "Diagnostic and screening |
21 | | purposes" does not include any assessment in which student |
22 | | scores are used to rate or rank a classroom, program, teacher, |
23 | | school, school district, or jurisdiction. |
24 | | "Standardized assessment" means an assessment that |
25 | | requires all student test takers to answer the same questions, |
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1 | | or a selection of questions from a common bank of questions, in |
2 | | the same manner or substantially the same questions in the |
3 | | same manner. "Standardized assessment" does not include an |
4 | | observational assessment tool used to satisfy the requirements |
5 | | of Section 2-3.64a-10 of the School Code. |
6 | | (b) Consistent with Section 2-3.64a-15 of the School Code, |
7 | | the Department of Early Childhood may not develop, purchase, |
8 | | or require a school district to administer, develop, or |
9 | | purchase a standardized assessment for students enrolled or |
10 | | preparing to enroll in prekindergarten, other than for |
11 | | diagnostic and screening purposes. |
12 | | (c) Consistent with Section 2-3.64a-15 of the School Code, |
13 | | the Department of Early Childhood may not provide funding for |
14 | | any standardized assessment of students enrolled or preparing |
15 | | to enroll in prekindergarten, other than for diagnostic and |
16 | | screening purposes. |
17 | | (d) Nothing in this Section shall be construed to limit |
18 | | the ability of a classroom teacher or school district to |
19 | | develop, purchase, administer, or score an assessment for an |
20 | | individual classroom, grade level, or group of grade levels in |
21 | | any subject area in prekindergarten. |
22 | | (e) Nothing in this Section limits procedures used by a |
23 | | school or school district for child find under 34 CFR |
24 | | 300.111(c) or evaluation under 34 CFR 300.304. |
25 | | (f) Nothing in this Section restricts the use of an annual |
26 | | assessment of English proficiency of all English learners to |
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1 | | comply with Section 1111(b)(2)(G) of the federal Elementary |
2 | | and Secondary Education Act of 1965. |
3 | | Section 15-45. Grants for early childhood parental |
4 | | training programs. On and after July 1, 2026, the Department |
5 | | of Early Childhood shall implement and administer a grant |
6 | | program consisting of grants to public school districts and |
7 | | other eligible entities, as defined by the Department, to |
8 | | conduct early childhood parental training programs for the |
9 | | parents of children in the period of life from birth to |
10 | | kindergarten. A public school district that receives grants |
11 | | under this Section may contract with other eligible entities |
12 | | to conduct an early childhood parental training program. These |
13 | | grants must be used to supplement, not supplant, funds |
14 | | received from any other source. A school board or other |
15 | | eligible entity shall employ appropriately qualified personnel |
16 | | for its early childhood parental training program, including |
17 | | but not limited to certified teachers, counselors, |
18 | | psychiatrists, psychologists and social workers. |
19 | | (a) As used in this Section, "parental training" means and |
20 | | includes 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 |
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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 |
8 | | substantial participation and interaction between parent and |
9 | | child. |
10 | | (b) The Department shall annually award funds through a |
11 | | grant approval process established by the Department, |
12 | | providing that an annual appropriation is made for this |
13 | | purpose from State, federal or private funds. Nothing in this |
14 | | Section shall preclude school districts from applying for or |
15 | | accepting private funds to establish and implement programs. |
16 | | (c) The Department shall assist those districts and other |
17 | | eligible entities offering early childhood parental training |
18 | | programs, upon request, in developing instructional materials, |
19 | | training teachers and staff, and establishing appropriate time |
20 | | allotments for each of the areas included in such instruction. |
21 | | (d) School districts and other eligible entities may offer |
22 | | early childhood parental training courses during that period |
23 | | of the day which is not part of the regular school day. |
24 | | Residents of the community may enroll in such courses. The |
25 | | school board or other eligible entity may establish fees and |
26 | | collect such charges as may be necessary for attendance at |
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1 | | such courses in an amount not to exceed the per capita cost of |
2 | | the operation thereof, except that the board or other eligible |
3 | | entity may waive all or part of such charges if it determines |
4 | | that the parent is indigent or that the educational needs of |
5 | | the parent require his or her attendance at such courses. |
6 | | (e) Parents who participate in early childhood parental |
7 | | training programs under this Section may be eligible for |
8 | | reasonable reimbursement of any incidental transportation and |
9 | | child care expenses from the school district receiving funds |
10 | | pursuant to this Section. |
11 | | (f) Districts and other eligible entities receiving grants |
12 | | pursuant to this Section shall coordinate programs created |
13 | | under this Section with other preschool educational programs, |
14 | | including "at-risk" preschool programs, special and vocational |
15 | | education, and related services provided by other governmental |
16 | | agencies and not-for-profit agencies. |
17 | | (g) Early childhood programs under this Section are |
18 | | subject 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 |
22 | | grants to public school districts and not-for-profit entities |
23 | | for early childhood construction projects, except that in |
24 | | Fiscal Year 2024 those grants may be made only to public school |
25 | | districts. These grants shall be paid out of moneys |
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1 | | appropriated for that purpose from the School Construction |
2 | | Fund, the Build Illinois Bond Fund, or the Rebuild Illinois |
3 | | Projects Fund. No grants may be awarded to entities providing |
4 | | services within private residences. A public school district |
5 | | or other eligible entity must provide local matching funds in |
6 | | the 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. |
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1 | | A public school district or other eligible entity has no |
2 | | entitlement to a grant under this Section. |
3 | | (b) The Capital Development Board shall adopt rules to |
4 | | implement this Section. These rules need not be the same as the |
5 | | rules for school construction project grants or school |
6 | | maintenance 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 |
20 | | the acquisition or construction of new facilities, the Capital |
21 | | Development Board or any State agency it so designates shall |
22 | | hold title to or place a lien on the facility for a period of |
23 | | 10 years after the date of the grant award, after which title |
24 | | to the facility shall be transferred to the non-profit |
25 | | corporation or the lien shall be removed, provided that the |
26 | | non-profit corporation has complied with the terms of its |
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1 | | grant agreement. When grants are made to non-profit |
2 | | corporations for the purpose of renovation or rehabilitation, |
3 | | if the non-profit corporation does not comply with item (5) of |
4 | | subsection (b) of this Section, the Capital Development Board |
5 | | or any State agency it so designates shall recover the grant |
6 | | pursuant to the procedures outlined in the Illinois Grant |
7 | | Funds Recovery Act. |
8 | | (c) On and after July 1, 2026, the Capital Development |
9 | | Board, in consultation with the Department of Early Childhood, |
10 | | shall establish standards for the determination of priority |
11 | | needs concerning early childhood projects based on projects |
12 | | located in communities in the State with the greatest |
13 | | underserved population of young children, utilizing Census |
14 | | data and other reliable local early childhood service data. |
15 | | (d) In each school year in which early childhood |
16 | | construction project grants are awarded, 20% of the total |
17 | | amount awarded shall be awarded to a school district with a |
18 | | population of more than 500,000, provided that the school |
19 | | district complies with the requirements of this Section and |
20 | | the rules adopted under this Section. |
21 | | Section 15-55. Infant/early childhood mental health |
22 | | consultations. |
23 | | (a) Findings; policies. |
24 | | (1) The General Assembly finds that social and |
25 | | emotional development is a core, developmental domain in |
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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 |
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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 |
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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 |
5 | | following 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 |
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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 |
10 | | Department of Early Childhood and the Department of Human |
11 | | Services shall collaborate and plan for the transition of |
12 | | child care services for children established in Section 5.15 |
13 | | of the Children and Family Services Act. |
14 | | Section 20-10. Child care. |
15 | | (a) The General Assembly recognizes that families with |
16 | | children need child care in order to work. Child care is |
17 | | expensive and families with limited access to economic |
18 | | resources, including those who are transitioning from welfare |
19 | | to work, often struggle to pay the costs of day care. The |
20 | | General Assembly understands the importance of helping working |
21 | | families with limited access to economic resources become and |
22 | | remain self-sufficient. The General Assembly also believes |
23 | | that it is the responsibility of families to share in the costs |
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1 | | of child care. It is also the preference of the General |
2 | | Assembly that all working families with limited access to |
3 | | economic resources should be treated equally, regardless of |
4 | | their welfare status. |
5 | | (b) On and after July 1, 2026, to the extent resources |
6 | | permit, the Illinois Department of Early Childhood shall |
7 | | provide child care services to parents or other relatives as |
8 | | defined by rule who are working or participating in employment |
9 | | or Department approved education or training programs as |
10 | | prescribed in Section 9A-11 of the Illinois Public Aid Code. |
11 | | (c) Smart Start Child Care Program. Through June 30, 2026, |
12 | | subject to appropriation, the Department of Human Services |
13 | | shall establish and administer the Smart Start Child Care |
14 | | Program. On and after July 1, 2026, the Department of Early |
15 | | Childhood shall administer the Smart Start Child Care Program. |
16 | | The Smart Start Child Care Program shall focus on creating |
17 | | affordable child care, as well as increasing access to child |
18 | | care, for Illinois residents and may include, but is not |
19 | | limited to, providing funding to increase preschool |
20 | | availability, providing funding for childcare workforce |
21 | | compensation or capital investments, and expanding funding for |
22 | | Early Childhood Access Consortium for Equity Scholarships. The |
23 | | Department with authority to administer the Smart Start Child |
24 | | Care Program shall establish program eligibility criteria, |
25 | | participation conditions, payment levels, and other program |
26 | | requirements by rule. The Department with authority to |
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1 | | administer the Smart Start Child Care Program may consult with |
2 | | the Capital Development Board, the Department of Commerce and |
3 | | Economic Opportunity, the State Board of Education, and the |
4 | | Illinois Housing Development Authority, and other state |
5 | | agencies as determined by the Department in the management and |
6 | | disbursement of funds for capital-related projects. The |
7 | | Capital Development Board, the Department of Commerce and |
8 | | Economic Opportunity, the State Board of Education, and the |
9 | | Illinois Housing Development Authority, and other state |
10 | | agencies as determined by the Department shall act in a |
11 | | consulting role only for the evaluation of applicants, scoring |
12 | | of applicants, or administration of the grant program. |
13 | | Section 20-15. Day care services. |
14 | | (a) For the purpose of ensuring effective statewide |
15 | | planning, development, and utilization of resources for the |
16 | | day care of children, operated under various auspices, the |
17 | | Department of Early Childhood is designated on and after July |
18 | | 1, 2026 to coordinate all day care activities for children of |
19 | | the State and shall develop or continue, and shall update |
20 | | every year, a State comprehensive day care plan for submission |
21 | | to the Governor that identifies high-priority areas and |
22 | | groups, relating them to available resources and identifying |
23 | | the most effective approaches to the use of existing day care |
24 | | services. The State comprehensive day care plan shall be made |
25 | | available to the General Assembly following the Governor's |
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1 | | approval of the plan. |
2 | | The plan shall include methods and procedures for the |
3 | | development of additional day care resources for children to |
4 | | meet the goal of reducing short-run and long-run dependency |
5 | | and to provide necessary enrichment and stimulation to the |
6 | | education of young children. Recommendations shall be made for |
7 | | State policy on optimum use of private and public, local, |
8 | | State and federal resources, including an estimate of the |
9 | | resources needed for the licensing and regulation of day care |
10 | | facilities. |
11 | | A written report shall be submitted to the Governor and |
12 | | the General Assembly annually on April 15. The report shall |
13 | | include an evaluation of developments over the preceding |
14 | | fiscal year, including cost-benefit analyses of various |
15 | | arrangements. Beginning with the report in 1990 submitted by |
16 | | the Department's predecessor agency and every 2 years |
17 | | thereafter, 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 |
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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 |
17 | | policies and procedures for developing and implementing |
18 | | interagency agreements with other agencies of the State |
19 | | providing child care services or reimbursement for such |
20 | | services. The plans shall be annually reviewed and modified |
21 | | for the purpose of addressing issues of applicability and |
22 | | service system barriers. |
23 | | (c) In cooperation with other State agencies, the |
24 | | Department of Early Childhood shall develop and implement, or |
25 | | shall continue, a resource and referral system for the State |
26 | | of Illinois either within the Department or by contract with |
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1 | | local or regional agencies. Funding for implementation of this |
2 | | system may be provided through Department appropriations or |
3 | | other interagency funding arrangements. The resource and |
4 | | referral 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 |
15 | | care planning activities with the following priorities: |
16 | | (1) Development of voluntary day care resources |
17 | | wherever possible, with the provision for grants-in-aid |
18 | | only where demonstrated to be useful and necessary as |
19 | | incentives or supports. 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. |
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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 |
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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 |
8 | | to ensure such parents' graduation from high school and to |
9 | | services for participants in any programs of job training |
10 | | conducted by the Department. |
11 | | (e) The Department of Early Childhood shall actively |
12 | | stimulate the development of public and private resources at |
13 | | the local level. It shall also seek the fullest utilization of |
14 | | federal funds directly or indirectly available to the |
15 | | Department. Where appropriate, existing non-governmental |
16 | | agencies or associations shall be involved in planning by the |
17 | | Department. |
18 | | Section 20-20. Day care facilities for the children of |
19 | | migrant workers. On and after July 1, 2026, the Department of |
20 | | Early Childhood shall operate day care facilities for the |
21 | | children of migrant workers in areas of the State where they |
22 | | are needed. The Department of Early Childhood may provide |
23 | | these day care services by contracting with private centers if |
24 | | practicable. "Migrant worker" means any person who moves |
25 | | seasonally from one place to another, within or without the |
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1 | | State, for the purpose of employment in agricultural |
2 | | activities. |
3 | | Section 20-25. Licensing day care facilities. |
4 | | (a) Beginning July 1, 2024, the Department of Early |
5 | | Childhood and the Department of Children and Family Services |
6 | | shall collaborate and plan for the transition of |
7 | | administrative responsibilities related to licensing day care |
8 | | centers, day care homes, and group day care homes as |
9 | | prescribed throughout the Child Care Act of 1969. |
10 | | (b) Beginning July 1, 2026, the Department of Early |
11 | | Childhood shall manage all facets of licensing for day care |
12 | | centers, day care homes, and group day care homes as |
13 | | prescribed 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. |
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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 |
7 | | emergency medical services personnel as defined in the |
8 | | Emergency Medical Services (EMS) Systems Act, firefighters, |
9 | | law enforcement officers, and, as determined by the Department |
10 | | of Early Childhood on and after July 1, 2026, any other workers |
11 | | who, on account of their work schedule, need child care |
12 | | outside of the hours when licensed child care facilities |
13 | | typically operate. |
14 | | (c) Beginning July 1, 2026, the Department of Early |
15 | | Childhood shall administer the Off-Hours Child Care Program to |
16 | | help first responders and other workers identify and access |
17 | | off-hours, night, or sleep time child care, subject to |
18 | | appropriation. Services funded under the program must address |
19 | | the child care needs of first responders. Funding provided |
20 | | under the program may also be used to cover any capital and |
21 | | operating expenses related to the provision of off-hours, |
22 | | night, or sleep time child care for first responders. Funding |
23 | | awarded under this Section shall be funded through |
24 | | appropriations from the Off-Hours Child Care Program Fund |
25 | | created under Public Act 102-912. The Department of Early |
26 | | Childhood may adopt any rules necessary to implement the |
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1 | | program. |
2 | | Section 20-35. Great START program. |
3 | | (a) Through June 30, 2026, the Department of Human |
4 | | Services shall, subject to a specific appropriation for this |
5 | | purpose, operate a Great START (Strategy To Attract and Retain |
6 | | Teachers) program. The goal of the program is to improve |
7 | | children's developmental and educational outcomes in child |
8 | | care by encouraging increased professional preparation by |
9 | | staff and staff retention. The Great START program shall |
10 | | coordinate with the TEACH professional development program. |
11 | | The program shall provide wage supplements and may include |
12 | | other incentives to licensed child care center personnel, |
13 | | including early childhood teachers, school-age workers, early |
14 | | childhood assistants, school-age assistants, and directors, as |
15 | | such positions are defined by administrative rule of the |
16 | | Department of Children and Family Services. The program shall |
17 | | provide wage supplements and may include other incentives to |
18 | | licensed family day care home personnel and licensed group day |
19 | | care home personnel, including caregivers and assistants as |
20 | | such positions are defined by administrative rule of the |
21 | | Department of Children and Family Services. Individuals will |
22 | | receive supplements commensurate with their qualifications. |
23 | | (b) On and after July 1, 2026, the Department of Early |
24 | | Childhood shall, subject to a specific appropriation for this |
25 | | purpose, operate a Great START program. The goal of the |
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1 | | program is to improve children's developmental and educational |
2 | | outcomes in child care by encouraging increased professional |
3 | | preparation by staff and staff retention. The Great START |
4 | | program shall coordinate with the TEACH professional |
5 | | development program. |
6 | | The program shall provide wage supplements and may include |
7 | | other incentives to licensed child care center personnel, |
8 | | including early childhood teachers, school-age workers, early |
9 | | childhood assistants, school-age assistants, and directors, as |
10 | | such positions are defined by administrative rule by the |
11 | | Department pursuant to subsections (a) and this subsection. |
12 | | (c) The Department, pursuant to subsections (a) and (b), |
13 | | shall, by rule, define the scope and operation of the program, |
14 | | including a wage supplement scale. The scale shall pay |
15 | | increasing amounts for higher levels of educational attainment |
16 | | beyond minimum qualifications and shall recognize longevity of |
17 | | employment. Subject to the availability of sufficient |
18 | | appropriation, the wage supplements shall be paid to child |
19 | | care personnel in the form of bonuses at 6-month intervals. |
20 | | Six months of continuous service with a single employer is |
21 | | required to be eligible to receive a wage supplement bonus. |
22 | | Wage supplements shall be paid directly to individual day care |
23 | | personnel, not to their employers. Eligible individuals must |
24 | | provide to the Department or its agent all information and |
25 | | documentation, including but not limited to college |
26 | | transcripts, to demonstrate their qualifications for a |
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1 | | particular wage supplement level. |
2 | | If appropriations permit, the Department may include |
3 | | one-time signing bonuses or other incentives to help providers |
4 | | attract staff, provided that the signing bonuses are less than |
5 | | the supplement staff would have received if they had remained |
6 | | employed with another day care center or family day care home. |
7 | | If appropriations permit, the Department may include |
8 | | one-time longevity bonuses or other incentives to recognize |
9 | | staff who have remained with a single employer. |
10 | | Section 20-40. Programs to train low-income older persons |
11 | | to be child care workers. On and after July 1, 2026, the |
12 | | Department of Early Childhood may, in conjunction with |
13 | | colleges or universities in this State, establish programs to |
14 | | train low-income older persons to be child care workers. The |
15 | | Department 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; |
22 | | conversion and renovation grants; Department of Early |
23 | | Childhood. |
24 | | (a) The General Assembly finds that the demand for quality |
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1 | | child care far outweighs the number of safe, quality spaces |
2 | | for our children. The purpose of this Section is to increase |
3 | | the 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 |
11 | | Childhood may from appropriations from the Child Care |
12 | | Development Block Grant establish a demonstration project to |
13 | | train individuals to become home child care providers who are |
14 | | able to establish and operate their own home-based child care |
15 | | facilities. On and after July 1, 2026, the Department of Early |
16 | | Childhood is authorized to use funds for this purpose from the |
17 | | child care and development funds deposited into the DHS |
18 | | Special Purposes Trust Fund as described in Section 12-10 of |
19 | | the Illinois Public Aid Code or deposited into the Employment |
20 | | and Training Fund as described in Section 12-10.3 of the |
21 | | Illinois Public Aid Code. As an economic development program, |
22 | | the project's focus is to foster individual self-sufficiency |
23 | | through an entrepreneurial approach by the creation of new |
24 | | jobs and opening of new small home-based child care |
25 | | businesses. The demonstration project shall involve |
26 | | coordination among State and county governments and the |
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1 | | private sector, including but not limited to: the community |
2 | | college system, the Departments of Labor and Commerce and |
3 | | Economic Opportunity, the State Board of Education, large and |
4 | | small private businesses, non-profit programs, unions, and |
5 | | child care providers in the State. |
6 | | (c) On and after July 1, 2026, the Department of Early |
7 | | Childhood may from appropriations from the Child Care |
8 | | Development Block Grant provide grants to family child care |
9 | | providers and center based programs to convert and renovate |
10 | | existing facilities, to the extent permitted by federal law, |
11 | | so additional family child care homes and child care centers |
12 | | can 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; |
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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 |
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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 |
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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, |
7 | | 2026: |
8 | | (a) The powers, duties, rights, and responsibilities |
9 | | vested in the transferring agencies relating to early care and |
10 | | education programs and services to children and families |
11 | | transferred by this Act shall be vested in and shall be |
12 | | exercised by the Department of Early Childhood. |
13 | | (b) The personnel who are engaged in the performance of |
14 | | functions transferred to the Department or who are engaged in |
15 | | the administration of a law the administration of which is |
16 | | transferred to the Department shall be employed by the |
17 | | Department of Early Childhood and not the agency from which |
18 | | the duties performed are transferred. |
19 | | (c) All books, records, papers, documents, property (real |
20 | | and personal), contracts, causes of action, and pending |
21 | | business pertaining to the powers, duties, rights, and |
22 | | responsibilities relating to functions transferred under this |
23 | | Act to the Department of Early Childhood, including, but not |
24 | | limited to, material in electronic or magnetic format and |
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1 | | necessary computer hardware and software, shall be transferred |
2 | | to the Department. |
3 | | (d) Whenever reports or notices are now required to be |
4 | | made or given or papers or documents furnished or served by any |
5 | | person in connection with any of the powers, duties, rights, |
6 | | and responsibilities relating to functions transferred by this |
7 | | Act, the same shall be made, given, furnished, or served in the |
8 | | same manner to or upon the Department. |
9 | | (e) This Act does not affect any act done, ratified, or |
10 | | canceled or any right occurring or established or any action |
11 | | or proceeding had or commenced in an administrative, civil, or |
12 | | criminal cause by each transferring agency relating to |
13 | | functions transferred by this Act before the transfer of |
14 | | responsibilities; such actions or proceedings may be |
15 | | prosecuted and continued by the Department. |
16 | | Section 80-10. Rules and standards. |
17 | | (a) The rules and standards of the Department's |
18 | | predecessor agencies that are in effect on June 30, 2026 and |
19 | | pertain to the rights, powers, duties, and functions |
20 | | transferred to the Department under this Act shall become the |
21 | | rules and standards of the Department of Early Childhood on |
22 | | July 1, 2026 and shall continue in effect until amended or |
23 | | repealed by the Department. |
24 | | (b) Any rules pertaining to the rights, powers, duties, |
25 | | and functions transferred to the Department under this Act |
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1 | | that have been proposed by a predecessor agency but have not |
2 | | taken effect or been finally adopted by June 30, 2026 shall |
3 | | become proposed rules of the Department of Early Childhood on |
4 | | July 1, 2026, and any rulemaking procedures that have already |
5 | | been completed by the predecessor agency for those proposed |
6 | | rules need not be repeated. |
7 | | (c) As soon as practical after July 1, 2026, the |
8 | | Department of Early Childhood shall revise and clarify the |
9 | | rules transferred to it under this Act to reflect the |
10 | | reorganization of rights, powers, duties, and functions |
11 | | effected by this Act using the procedures for recodification |
12 | | of rules available under the Illinois Administrative Procedure |
13 | | Act, except that existing Title, Part, and Section numbering |
14 | | for the affected rules may be retained. The Department may |
15 | | propose and adopt under the Illinois Administrative Procedure |
16 | | Act such other rules as may be necessary to consolidate and |
17 | | clarify the rules of the agencies reorganized by this Act. |
18 | | Section 80-15. Savings provisions. |
19 | | (a) The rights, powers, duties, and functions transferred |
20 | | to the Department of Early Childhood by this Act shall be |
21 | | vested in and exercised by the Department subject to the |
22 | | provisions of this Act. An act done by the Department or an |
23 | | officer, employee, or agent of the Department in the exercise |
24 | | of the transferred rights, powers, duties, or functions shall |
25 | | have the same legal effect as if done by the predecessor agency |
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1 | | or an officer, employee, or agent of the predecessor agency. |
2 | | (b) The transfer of rights, powers, duties, and functions |
3 | | to the Department of Early Childhood under this Act does not |
4 | | invalidate any previous action taken by or in respect to any of |
5 | | its predecessor agencies or their officers, employees, or |
6 | | agents. References to those predecessor agencies or their |
7 | | officers, employees or agents in any document, contract, |
8 | | agreement, or law shall, in appropriate contexts, be deemed to |
9 | | refer to the Department or its officers, employees, or agents. |
10 | | (c) The transfer of rights, powers, duties, and functions |
11 | | to the Department of Early Childhood under this Act does not |
12 | | affect any person's rights, obligations, or duties, including |
13 | | any civil or criminal penalties applicable thereto, arising |
14 | | out of those transferred rights, powers, duties, and |
15 | | functions. |
16 | | (d) With respect to matters that pertain to a right, |
17 | | power, duty, or function transferred to the Department of |
18 | | Early 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 |
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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 |
5 | | canceled, any right occurring or established, or any action or |
6 | | proceeding had or commenced in an administrative, civil, or |
7 | | criminal cause before July 1, 2026. Any such action or |
8 | | proceeding that pertains to a right, power, duty, or function |
9 | | transferred to the Department of Early Childhood under this |
10 | | Act and that is pending on that date may be prosecuted, |
11 | | defended, or continued by the Department of Early Childhood. |
12 | | ARTICLE 90. AMENDATORY PROVISIONS |
13 | | Section 90-5. The Civil Administrative Code of Illinois is |
14 | | amended by changing Sections 5-10, 5-15, and 5-20 and by |
15 | | adding 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 |
18 | | Code of Illinois, unless the context clearly indicates |
19 | | otherwise, the word "director" means the several directors of |
20 | | the departments of State government as designated in Section |
21 | | 5-20 of this Law and includes the Secretary of Early |
22 | | Childhood, the Secretary of Financial and Professional |
23 | | Regulation, the Secretary of Innovation and Technology, the |
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1 | | Secretary of Human Services, and the Secretary of |
2 | | Transportation. |
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 |
6 | | Departments 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. |
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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 |
9 | | have an officer as its head who shall be known as director or |
10 | | secretary and who shall, subject to the provisions of the |
11 | | Civil Administrative Code of Illinois, execute the powers and |
12 | | discharge the duties vested by law in his or her respective |
13 | | department. |
14 | | The following officers are hereby created: |
15 | | Director of Aging, for the Department on Aging. |
16 | | Director of Agriculture, for the Department of |
17 | | Agriculture. |
18 | | Director of Central Management Services, for the |
19 | | Department of Central Management Services. |
20 | | Director of Children and Family Services, for the |
21 | | Department of Children and Family Services. |
22 | | Director of Commerce and Economic Opportunity, for the |
23 | | Department of Commerce and Economic Opportunity. |
24 | | Director of Corrections, for the Department of |
25 | | Corrections. |
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1 | | Director of the Illinois Emergency Management Agency, for |
2 | | the Illinois Emergency Management Agency. |
3 | | Secretary of Early Childhood, for the Department of Early |
4 | | Childhood. |
5 | | Director of Employment Security, for the Department of |
6 | | Employment Security. |
7 | | Secretary of Financial and Professional Regulation, for |
8 | | the Department of Financial and Professional Regulation. |
9 | | Director of Healthcare and Family Services, for the |
10 | | Department of Healthcare and Family Services. |
11 | | Director of Human Rights, for the Department of Human |
12 | | Rights. |
13 | | Secretary of Human Services, for the Department of Human |
14 | | Services. |
15 | | Secretary of Innovation and Technology, for the Department |
16 | | of Innovation and Technology. |
17 | | Director of Insurance, for the Department of Insurance. |
18 | | Director of Juvenile Justice, for the Department of |
19 | | Juvenile Justice. |
20 | | Director of Labor, for the Department of Labor. |
21 | | Director of the Lottery, for the Department of the |
22 | | Lottery. |
23 | | Director of Natural Resources, for the Department of |
24 | | Natural Resources. |
25 | | Director of Public Health, for the Department of Public |
26 | | Health. |
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1 | | Director of Revenue, for the Department of Revenue. |
2 | | Director of the Illinois State Police, for the Illinois |
3 | | State Police. |
4 | | Secretary of Transportation, for the Department of |
5 | | Transportation. |
6 | | Director of Veterans' Affairs, for the Department of |
7 | | Veterans' 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. |
11 | | Secretary and Assistant Secretaries of Early Childhood. |
12 | | (20 ILCS 5/5-336 new) |
13 | | Sec. 5-336. In the Department of Early Childhood. For |
14 | | terms beginning on or after July 1, 2024, the Secretary shall |
15 | | receive an annual salary of $200,000 or as set by the Governor, |
16 | | whichever is higher. On July 1, 2025, and on each July 1 |
17 | | thereafter, the Secretary shall receive an increase in salary |
18 | | based on the cost of living adjustment as authorized by Senate |
19 | | Joint Resolution 192 of the 86th General Assembly. |
20 | | Section 90-10. The Children and Family Services Act is |
21 | | amended by changing Sections 5.15, 5.20, 22.1, 34.9, and 34.10 |
22 | | as follows: |
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1 | | (20 ILCS 505/5.15) |
2 | | Sec. 5.15. Daycare; Department of Human Services. |
3 | | (a) For the purpose of ensuring effective statewide |
4 | | planning, development, and utilization of resources for the |
5 | | day care of children, operated under various auspices, the |
6 | | Department of Human Services is designated to coordinate all |
7 | | day care activities for children of the State and shall |
8 | | develop or continue, and shall update every year, a State |
9 | | comprehensive day-care plan for submission to the Governor |
10 | | that identifies high-priority areas and groups, relating them |
11 | | to available resources and identifying the most effective |
12 | | approaches to the use of existing day care services. The State |
13 | | comprehensive day-care plan shall be made available to the |
14 | | General Assembly following the Governor's approval of the |
15 | | plan. |
16 | | The plan shall include methods and procedures for the |
17 | | development of additional day care resources for children to |
18 | | meet the goal of reducing short-run and long-run dependency |
19 | | and to provide necessary enrichment and stimulation to the |
20 | | education of young children. Recommendations shall be made for |
21 | | State policy on optimum use of private and public, local, |
22 | | State and federal resources, including an estimate of the |
23 | | resources needed for the licensing and regulation of day care |
24 | | facilities. |
25 | | A written report shall be submitted to the Governor and |
26 | | the General Assembly annually on April 15. The report shall |
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1 | | include an evaluation of developments over the preceding |
2 | | fiscal year, including cost-benefit analyses of various |
3 | | arrangements. Beginning with the report in 1990 submitted by |
4 | | the Department's predecessor agency and every 2 years |
5 | | thereafter, 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 |
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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 |
5 | | shall be satisfied by filing copies of the report as required |
6 | | by Section 3.1 of the General Assembly Organization Act, and |
7 | | filing such additional copies with the State Government Report |
8 | | Distribution Center for the General Assembly as is required |
9 | | under paragraph (t) of Section 7 of the State Library Act. |
10 | | (b) The Department of Human Services shall establish |
11 | | policies and procedures for developing and implementing |
12 | | interagency agreements with other agencies of the State |
13 | | providing child care services or reimbursement for such |
14 | | services. The plans shall be annually reviewed and modified |
15 | | for the purpose of addressing issues of applicability and |
16 | | service system barriers. |
17 | | (c) In cooperation with other State agencies, the |
18 | | Department of Human Services shall develop and implement, or |
19 | | shall continue, a resource and referral system for the State |
20 | | of Illinois either within the Department or by contract with |
21 | | local or regional agencies. Funding for implementation of this |
22 | | system may be provided through Department appropriations or |
23 | | other inter-agency funding arrangements. The resource and |
24 | | referral system shall provide at least the following services: |
25 | | (1) Assembling and maintaining a data base on the |
26 | | supply of child care services. |
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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 |
9 | | care 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. |
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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 |
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1 | | education. |
2 | | Emphasis shall be given to support services that will help |
3 | | to ensure such parents' graduation from high school and to |
4 | | services for participants in any programs of job training |
5 | | conducted by the Department. |
6 | | (e) The Department of Human Services shall actively |
7 | | stimulate the development of public and private resources at |
8 | | the local level. It shall also seek the fullest utilization of |
9 | | federal funds directly or indirectly available to the |
10 | | Department. |
11 | | Where appropriate, existing non-governmental agencies or |
12 | | associations shall be involved in planning by the Department. |
13 | | (f) To better accommodate the child care needs of low |
14 | | income working families, especially those who receive |
15 | | Temporary Assistance for Needy Families (TANF) or who are |
16 | | transitioning from TANF to work, or who are at risk of |
17 | | depending on TANF in the absence of child care, the Department |
18 | | shall complete a study using outcome-based assessment |
19 | | measurements to analyze the various types of child care needs, |
20 | | including but not limited to: child care homes; child care |
21 | | facilities; before and after school care; and evening and |
22 | | weekend care. Based upon the findings of the study, the |
23 | | Department shall develop a plan by April 15, 1998, that |
24 | | identifies the various types of child care needs within |
25 | | various geographic locations. The plan shall include, but not |
26 | | be limited to, the special needs of parents and guardians in |
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1 | | need of non-traditional child care services such as early |
2 | | mornings, evenings, and weekends; the needs of very low income |
3 | | families and children and how they might be better served; and |
4 | | strategies to assist child care providers to meet the needs |
5 | | and 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; |
10 | | Department of Human Services. The Department of Human Services |
11 | | may provide child care services to former recipients of |
12 | | assistance under the Illinois Public Aid Code as authorized by |
13 | | Section 9-6.3 of that Code. This Section is repealed on July 1, |
14 | | 2026. |
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; |
18 | | Department of Human Services. |
19 | | (a) Blank. |
20 | | (b) Blank. |
21 | | (c) The Department of Human Services shall establish and |
22 | | operate day care facilities for the children of migrant |
23 | | workers in areas of the State where they are needed. The |
24 | | Department may provide these day care services by contracting |
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1 | | with private centers if practicable. "Migrant worker" means |
2 | | any person who moves seasonally from one place to another, |
3 | | within or without the State, for the purpose of employment in |
4 | | agricultural activities. This Section is repealed on July 1, |
5 | | 2026. |
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 |
9 | | colleges or universities in this State, establish programs to |
10 | | train low-income older persons to be child care workers. The |
11 | | Department shall prescribe, by rule: |
12 | | (a) age and income qualifications for persons to be |
13 | | trained under such programs; and |
14 | | (b) standards for such programs to ensure that such |
15 | | programs train participants to be skilled workers for the |
16 | | child 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; |
21 | | conversion and renovation grants; Department of Human |
22 | | Services. |
23 | | (a) The legislature finds that the demand for quality |
24 | | child care far outweighs the number of safe, quality spaces |
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1 | | for our children. The purpose of this Section is to increase |
2 | | the 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 |
10 | | appropriations from the Child Care Development Block Grant |
11 | | establish a demonstration project to train individuals to |
12 | | become home child care providers who are able to establish and |
13 | | operate their own home-based child care facilities. The |
14 | | Department of Human Services is authorized to use funds for |
15 | | this purpose from the child care and development funds |
16 | | deposited into the DHS Special Purposes Trust Fund as |
17 | | described in Section 12-10 of the Illinois Public Aid Code or |
18 | | deposited into the Employment and Training Fund as described |
19 | | in Section 12-10.3 of the Illinois Public Aid Code. As an |
20 | | economic development program, the project's focus is to foster |
21 | | individual self-sufficiency through an entrepreneurial |
22 | | approach by the creation of new jobs and opening of new small |
23 | | home-based child care businesses. The demonstration project |
24 | | shall involve coordination among State and county governments |
25 | | and the private sector, including but not limited to: the |
26 | | community college system, the Departments of Labor and |
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1 | | Commerce and Economic Opportunity, the State Board of |
2 | | Education, large and small private businesses, nonprofit |
3 | | programs, 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 |
13 | | appropriations from the Child Care Development Block Grant |
14 | | provide grants to family child care providers and center based |
15 | | programs to convert and renovate existing facilities, to the |
16 | | extent permitted by federal law, so additional family child |
17 | | care homes and child care centers can be located in such |
18 | | facilities. |
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 |
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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 |
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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. |
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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 |
15 | | amended by changing Sections 1-75, 10-16, and 10-22 as |
16 | | follows: |
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 |
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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 |
14 | | emergency medical services personnel as defined in the |
15 | | Emergency Medical Services (EMS) Systems Act, firefighters, |
16 | | law enforcement officers, and, as determined by the |
17 | | Department, any other workers who, on account of their work |
18 | | schedule, need child care outside of the hours when licensed |
19 | | child care facilities typically operate. |
20 | | (c) Subject to appropriation, the Department of Human |
21 | | Services shall establish and administer an Off-Hours Child |
22 | | Care Program to help first responders and other workers |
23 | | identify and access off-hours, night, or sleep time child |
24 | | care. Services funded under the program must address the child |
25 | | care needs of first responders. Funding provided under the |
26 | | program may also be used to cover any capital and operating |
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1 | | expenses related to the provision of off-hours, night, or |
2 | | sleep time child care for first responders. Funding awarded |
3 | | under this Section shall be funded through appropriations from |
4 | | the Off-Hours Child Care Program Fund created under subsection |
5 | | (d). The Department shall implement the program by July 1, |
6 | | 2023. The Department may adopt any rules necessary to |
7 | | implement the program. |
8 | | (d) The Off-Hours Child Care Program Fund is created as a |
9 | | special fund in the State treasury. The Fund shall consist of |
10 | | any moneys appropriated to the Department of Human Services |
11 | | for the Off-Hours Child Care Program. Moneys in the Fund shall |
12 | | be expended for the Off-Hours Child Care Program and for no |
13 | | other purpose. All interest earned on moneys in the Fund shall |
14 | | be 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 |
20 | | visiting programs work to strengthen families' functioning and |
21 | | support parents in caring for their children to ensure optimal |
22 | | child development. |
23 | | (b) The Department shall establish a home visiting program |
24 | | to support communities in providing intensive home visiting |
25 | | programs to pregnant persons and families with children from |
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1 | | birth up to elementary school enrollment. Services shall be |
2 | | offered on a voluntary basis to families. In awarding grants |
3 | | under the program, the Department shall prioritize populations |
4 | | or communities in need of such services, as determined by the |
5 | | Department, based on data including, but not limited to, |
6 | | statewide home visiting needs assessments. Eligibility under |
7 | | the program shall also take into consideration requirements of |
8 | | the federal Maternal, Infant, and Early Childhood Home |
9 | | Visiting Program and Head Start and Early Head Start to ensure |
10 | | appropriate alignment. The overall goals for these services |
11 | | are 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; |
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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 |
18 | | grants to community-based agencies in accordance with this |
19 | | Section and any other rules that may be adopted by the |
20 | | Department. Successful grantees under this program shall |
21 | | comply with policies and procedures on program, data, and |
22 | | expense reporting as developed by the Department. |
23 | | (d) Funds received under this Section shall supplement, |
24 | | not supplant, other existing or new federal, State, or local |
25 | | sources of funding for these services. Any new federal funding |
26 | | received shall supplement and not supplant funding for this |
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1 | | program. |
2 | | (e) The Department shall collaborate with relevant |
3 | | agencies to support the coordination and alignment of home |
4 | | visiting services provided through other State and federal |
5 | | funds, to the extent possible. The Department shall |
6 | | collaborate with the State Board of Education, the Department |
7 | | of Healthcare and Family Services, and Head Start and Early |
8 | | Head Start in the implementation of these services to support |
9 | | alignment with home visiting services provided through the |
10 | | Early Childhood Block Grant and the State's Medical Assistance |
11 | | Program, respectively, to the extent possible. |
12 | | (f) An advisory committee shall advise the Department |
13 | | concerning the implementation of the home visiting program. |
14 | | The advisory committee shall make recommendations on policy |
15 | | and implementation. The Department shall determine whether the |
16 | | advisory committee shall be a newly created body or an |
17 | | existing body such as a committee of the Illinois Early |
18 | | Learning Council. The advisory committee shall consist of one |
19 | | or more representatives of the Department, other members |
20 | | representing public and private entities that serve and |
21 | | interact with the families served under the home visiting |
22 | | program, with the input of families engaged in home visiting |
23 | | or related services themselves. Family input may be secured by |
24 | | engaging families as members of this advisory committee or as |
25 | | a separate committee of family representatives. |
26 | | (g) The Department may adopt any rules necessary to |
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1 | | implement 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 |
7 | | specific appropriation for this purpose, operate a Great START |
8 | | (Strategy To Attract and Retain Teachers) program. The goal of |
9 | | the program is to improve children's developmental and |
10 | | educational outcomes in child care by encouraging increased |
11 | | professional preparation by staff and staff retention. The |
12 | | Great START program shall coordinate with the TEACH |
13 | | professional development program. |
14 | | The program shall provide wage supplements and may include |
15 | | other incentives to licensed child care center personnel, |
16 | | including early childhood teachers, school-age workers, early |
17 | | childhood assistants, school-age assistants, and directors, as |
18 | | such positions are defined by administrative rule of the |
19 | | Department of Children and Family Services. The program shall |
20 | | provide wage supplements and may include other incentives to |
21 | | licensed family day care home personnel and licensed group day |
22 | | care home personnel, including caregivers and assistants as |
23 | | such positions are defined by administrative rule of the |
24 | | Department of Children and Family Services. Individuals will |
25 | | receive supplements commensurate with their qualifications. |
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1 | | (b) (Blank). |
2 | | (c) The Department shall, by rule, define the scope and |
3 | | operation of the program, including a wage supplement scale. |
4 | | The scale shall pay increasing amounts for higher levels of |
5 | | educational attainment beyond minimum qualifications and shall |
6 | | recognize longevity of employment. Subject to the availability |
7 | | of sufficient appropriation, the wage supplements shall be |
8 | | paid to child care personnel in the form of bonuses at 6 month |
9 | | intervals. Six months of continuous service with a single |
10 | | employer is required to be eligible to receive a wage |
11 | | supplement bonus. Wage supplements shall be paid directly to |
12 | | individual day care personnel, not to their employers. |
13 | | Eligible individuals must provide to the Department or its |
14 | | agent all information and documentation, including but not |
15 | | limited to college transcripts, to demonstrate their |
16 | | qualifications for a particular wage supplement level. |
17 | | If appropriations permit, the Department may include |
18 | | one-time signing bonuses or other incentives to help providers |
19 | | attract staff, provided that the signing bonuses are less than |
20 | | the supplement staff would have received if they had remained |
21 | | employed with another day care center or family day care home. |
22 | | If appropriations permit, the Department may include |
23 | | one-time longevity bonuses or other incentives to recognize |
24 | | staff who have remained with a single employer. |
25 | | (d) (Blank). |
26 | | (e) This Section is repealed on July 1, 2026. |
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1 | | (Source: P.A. 93-711, eff. 7-12-04.) |
2 | | Section 90-20. The Illinois Early Learning Council Act is |
3 | | amended by changing Section 10 as follows: |
4 | | (20 ILCS 3933/10) |
5 | | Sec. 10. Membership. The Illinois Early Learning Council |
6 | | shall include representation from both public and private |
7 | | organizations, and its membership shall reflect regional, |
8 | | racial, and cultural diversity to ensure representation of the |
9 | | needs of all Illinois children. One member shall be appointed |
10 | | by the President of the Senate, one member appointed by the |
11 | | Minority Leader of the Senate, one member appointed by the |
12 | | Speaker of the House of Representatives, one member appointed |
13 | | by the Minority Leader of the House of Representatives, and |
14 | | other members appointed by the Governor. The Governor's |
15 | | appointments 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 |
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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. |
11 | | In addition, the Governor shall request that the Region V |
12 | | office of the U.S. Department of Health and Human Services' |
13 | | Administration for Children and Families appoint a member to |
14 | | the Council to represent federal children's programs and |
15 | | services. |
16 | | Members appointed by General Assembly members and members |
17 | | appointed by the Governor who are local government or |
18 | | nongovernment stakeholders shall serve 3-year terms, except |
19 | | that of the initial appointments, half of these members, as |
20 | | determined by lot, shall be appointed to 2-year terms so that |
21 | | terms are staggered. Members shall serve on a voluntary, |
22 | | unpaid basis. |
23 | | (Source: P.A. 95-331, eff. 8-21-07.) |
24 | | Section 90-25. The Illinois Procurement Code is amended by |
25 | | changing Section 1-10 as follows: |
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1 | | (30 ILCS 500/1-10) |
2 | | Sec. 1-10. Application. |
3 | | (a) This Code applies only to procurements for which |
4 | | bidders, offerors, potential contractors, or contractors were |
5 | | first solicited on or after July 1, 1998. This Code shall not |
6 | | be construed to affect or impair any contract, or any |
7 | | provision of a contract, entered into based on a solicitation |
8 | | prior to the implementation date of this Code as described in |
9 | | Article 99, including, but not limited to, any covenant |
10 | | entered into with respect to any revenue bonds or similar |
11 | | instruments. All procurements for which contracts are |
12 | | solicited between the effective date of Articles 50 and 99 and |
13 | | July 1, 1998 shall be substantially in accordance with this |
14 | | Code and its intent. |
15 | | (b) This Code shall apply regardless of the source of the |
16 | | funds with which the contracts are paid, including federal |
17 | | assistance 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. |
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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). |
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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 |
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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 |
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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 |
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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 |
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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 |
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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, |
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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 |
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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, |
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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 |
5 | | with an annual value of more than $100,000 entered into on or |
6 | | after October 1, 2017 under an exemption provided in any |
7 | | paragraph of this subsection (b), except paragraph (1), (2), |
8 | | or (5), each State agency shall post to the appropriate |
9 | | procurement bulletin the name of the contractor, a description |
10 | | of the supply or service provided, the total amount of the |
11 | | contract, the term of the contract, and the exception to the |
12 | | Code utilized. The chief procurement officer shall submit a |
13 | | report to the Governor and General Assembly no later than |
14 | | November 1 of each year that shall include, at a minimum, an |
15 | | annual summary of the monthly information reported to the |
16 | | chief procurement officer. |
17 | | (c) This Code does not apply to the electric power |
18 | | procurement process provided for under Section 1-75 of the |
19 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
20 | | Utilities Act. This Code does not apply to the procurement of |
21 | | technical and policy experts pursuant to Section 1-129 of the |
22 | | Illinois Power Agency Act. |
23 | | (d) Except for Section 20-160 and Article 50 of this Code, |
24 | | and as expressly required by Section 9.1 of the Illinois |
25 | | Lottery Law, the provisions of this Code do not apply to the |
26 | | procurement process provided for under Section 9.1 of the |
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1 | | Illinois Lottery Law. |
2 | | (e) This Code does not apply to the process used by the |
3 | | Capital Development Board to retain a person or entity to |
4 | | assist the Capital Development Board with its duties related |
5 | | to the determination of costs of a clean coal SNG brownfield |
6 | | facility, as defined by Section 1-10 of the Illinois Power |
7 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
8 | | of the Public Utilities Act, including calculating the range |
9 | | of capital costs, the range of operating and maintenance |
10 | | costs, or the sequestration costs or monitoring the |
11 | | construction of clean coal SNG brownfield facility for the |
12 | | full duration of construction. |
13 | | (f) (Blank). |
14 | | (g) (Blank). |
15 | | (h) This Code does not apply to the process to procure or |
16 | | contracts entered into in accordance with Sections 11-5.2 and |
17 | | 11-5.3 of the Illinois Public Aid Code. |
18 | | (i) Each chief procurement officer may access records |
19 | | necessary to review whether a contract, purchase, or other |
20 | | expenditure is or is not subject to the provisions of this |
21 | | Code, unless such records would be subject to attorney-client |
22 | | privilege. |
23 | | (j) This Code does not apply to the process used by the |
24 | | Capital Development Board to retain an artist or work or works |
25 | | of art as required in Section 14 of the Capital Development |
26 | | Board Act. |
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1 | | (k) This Code does not apply to the process to procure |
2 | | contracts, or contracts entered into, by the State Board of |
3 | | Elections or the State Electoral Board for hearing officers |
4 | | appointed pursuant to the Election Code. |
5 | | (l) This Code does not apply to the processes used by the |
6 | | Illinois Student Assistance Commission to procure supplies and |
7 | | services paid for from the private funds of the Illinois |
8 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
9 | | funds" means funds derived from deposits paid into the |
10 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
11 | | (m) This Code shall apply regardless of the source of |
12 | | funds with which contracts are paid, including federal |
13 | | assistance moneys. Except as specifically provided in this |
14 | | Code, this Code shall not apply to procurement expenditures |
15 | | necessary for the Department of Public Health to conduct the |
16 | | Healthy Illinois Survey in accordance with Section 2310-431 of |
17 | | the Department of Public Health Powers and Duties Law of the |
18 | | Civil Administrative Code of Illinois. |
19 | | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; |
20 | | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. |
21 | | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; |
22 | | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. |
23 | | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised |
24 | | 1-2-24.) |
25 | | Section 90-30. The School Code is amended by changing |
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1 | | Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71, |
2 | | 2-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as |
3 | | follows: |
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 |
8 | | appoint a chief education officer, to be known as the State |
9 | | Superintendent of Education, who may be proposed by the |
10 | | Governor and who shall serve at the pleasure of the Board and |
11 | | pursuant to a performance-based contract linked to statewide |
12 | | student performance and academic improvement within Illinois |
13 | | schools. Upon expiration or buyout of the contract of the |
14 | | State Superintendent of Education in office on the effective |
15 | | date of this amendatory Act of the 93rd General Assembly, a |
16 | | State Superintendent of Education shall be appointed by a |
17 | | State Board of Education that includes the 7 new Board members |
18 | | who were appointed to fill seats of members whose terms were |
19 | | terminated on the effective date of this amendatory Act of the |
20 | | 93rd General Assembly. Thereafter, a State Superintendent of |
21 | | Education must, at a minimum, be appointed at the beginning of |
22 | | each term of a Governor after that Governor has made |
23 | | appointments to the Board. A performance-based contract issued |
24 | | for the employment of a State Superintendent of Education |
25 | | entered into on or after the effective date of this amendatory |
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1 | | Act of the 93rd General Assembly must expire no later than |
2 | | February 1, 2007, and subsequent contracts must expire no |
3 | | later than February 1 each 4 years thereafter. No contract |
4 | | shall be extended or renewed beyond February 1, 2007 and |
5 | | February 1 each 4 years thereafter, but a State Superintendent |
6 | | of Education shall serve until his or her successor is |
7 | | appointed. Each contract entered into on or before January 8, |
8 | | 2007 with a State Superintendent of Education must provide |
9 | | that the State Board of Education may terminate the contract |
10 | | for cause, and the State Board of Education shall not |
11 | | thereafter be liable for further payments under the contract. |
12 | | With regard to this amendatory Act of the 93rd General |
13 | | Assembly, it is the intent of the General Assembly that, |
14 | | beginning with the Governor who takes office on the second |
15 | | Monday of January, 2007, a State Superintendent of Education |
16 | | be appointed at the beginning of each term of a Governor after |
17 | | that Governor has made appointments to the Board. The State |
18 | | Superintendent of Education shall not serve as a member of the |
19 | | State Board of Education. The Board shall set the compensation |
20 | | of the State Superintendent of Education who shall serve as |
21 | | the Board's chief executive officer. The Board shall also |
22 | | establish the duties, powers and responsibilities of the State |
23 | | Superintendent, which shall be included in the State |
24 | | Superintendent's performance-based contract along with the |
25 | | goals and indicators of student performance and academic |
26 | | improvement used to measure the performance and effectiveness |
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1 | | of the State Superintendent. The State Board of Education may |
2 | | delegate to the State Superintendent of Education the |
3 | | authority to act on the Board's behalf, provided such |
4 | | delegation is made pursuant to adopted board policy or the |
5 | | powers delegated are ministerial in nature. The State Board |
6 | | may not delegate authority under this Section to the State |
7 | | Superintendent to (1) nonrecognize school districts, (2) |
8 | | withhold State payments as a penalty, or (3) make final |
9 | | decisions under the contested case provisions of the Illinois |
10 | | Administrative Procedure Act unless otherwise provided by law. |
11 | | C. The powers and duties of the State Board of Education |
12 | | shall encompass all duties delegated to the Office of |
13 | | Superintendent of Public Instruction on January 12, 1975, |
14 | | except as the law providing for such powers and duties is |
15 | | thereafter amended, and such other powers and duties as the |
16 | | General Assembly shall designate. The Board shall be |
17 | | responsible for the educational policies and guidelines for |
18 | | public schools, pre-school through grade 12 and Vocational |
19 | | Education in the State of Illinois. Beginning July 1, 2024, |
20 | | educational policies and guidelines pertaining to pre-school |
21 | | shall be done in consultation with the Department of Early |
22 | | Childhood. The Board shall analyze the present and future |
23 | | aims, needs, and requirements of education in the State of |
24 | | Illinois and recommend to the General Assembly the powers |
25 | | which should be exercised by the Board. The Board shall |
26 | | recommend the passage and the legislation necessary to |
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1 | | determine the appropriate relationship between the Board and |
2 | | local boards of education and the various State agencies and |
3 | | shall recommend desirable modifications in the laws which |
4 | | affect schools. |
5 | | D. Two members of the Board shall be appointed by the |
6 | | chairperson to serve on a standing joint Education Committee, |
7 | | 2 others shall be appointed from the Board of Higher |
8 | | Education, 2 others shall be appointed by the chairperson of |
9 | | the Illinois Community College Board, and 2 others shall be |
10 | | appointed by the chairperson of the Human Resource Investment |
11 | | Council. The Committee shall be responsible for making |
12 | | recommendations concerning the submission of any workforce |
13 | | development plan or workforce training program required by |
14 | | federal law or under any block grant authority. The Committee |
15 | | will be responsible for developing policy on matters of mutual |
16 | | concern to elementary, secondary and higher education such as |
17 | | Occupational and Career Education, Teacher Preparation and |
18 | | Licensure, Educational Finance, Articulation between |
19 | | Elementary, Secondary and Higher Education and Research and |
20 | | Planning. The joint Education Committee shall meet at least |
21 | | quarterly and submit an annual report of its findings, |
22 | | conclusions, and recommendations to the State Board of |
23 | | Education, the Board of Higher Education, the Illinois |
24 | | Community College Board, the Human Resource Investment |
25 | | Council, the Governor, and the General Assembly. All meetings |
26 | | of this Committee shall be official meetings for reimbursement |
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1 | | under this Act. On the effective date of this amendatory Act of |
2 | | the 95th General Assembly, the Joint Education Committee is |
3 | | abolished. |
4 | | E. Five members of the Board shall constitute a quorum. A |
5 | | majority vote of the members appointed, confirmed and serving |
6 | | on the Board is required to approve any action, except that the |
7 | | 7 new Board members who were appointed to fill seats of members |
8 | | whose terms were terminated on the effective date of this |
9 | | amendatory act of the 93rd General Assembly may vote to |
10 | | approve actions when appointed and serving. |
11 | | F. Upon appointment of the 7 new Board members who were |
12 | | appointed to fill seats of members whose terms were terminated |
13 | | on the effective date of this amendatory Act of the 93rd |
14 | | General Assembly, the Board shall review all of its current |
15 | | rules in an effort to streamline procedures, improve |
16 | | efficiency, 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 |
21 | | through fiscal year 2026 , the State Board of Education shall |
22 | | award to school districts block grants as described in |
23 | | subsection (c). The State Board of Education may adopt rules |
24 | | and regulations necessary to implement this Section. In |
25 | | accordance with Section 2-3.32, all state block grants are |
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1 | | subject to an audit. Therefore, block grant receipts and block |
2 | | grant expenditures shall be recorded to the appropriate fund |
3 | | code. |
4 | | (b) (Blank). |
5 | | (c) An Early Childhood Education Block Grant shall be |
6 | | created by combining the following programs: Preschool |
7 | | Education, Parental Training and Prevention Initiative. These |
8 | | funds shall be distributed to school districts and other |
9 | | entities on a competitive basis, except that the State Board |
10 | | of Education shall award to a school district having a |
11 | | population exceeding 500,000 inhabitants 37% of the funds in |
12 | | each fiscal year. Not less than 14% of the Early Childhood |
13 | | Education Block Grant allocation of funds shall be used to |
14 | | fund programs for children ages 0-3. Beginning in Fiscal Year |
15 | | 2016, at least 25% of any additional Early Childhood Education |
16 | | Block Grant funding over and above the previous fiscal year's |
17 | | allocation shall be used to fund programs for children ages |
18 | | 0-3. Once the percentage of Early Childhood Education Block |
19 | | Grant funding allocated to programs for children ages 0-3 |
20 | | reaches 20% of the overall Early Childhood Education Block |
21 | | Grant allocation for a full fiscal year, thereafter in |
22 | | subsequent fiscal years the percentage of Early Childhood |
23 | | Education Block Grant funding allocated to programs for |
24 | | children ages 0-3 each fiscal year shall remain at least 20% of |
25 | | the overall Early Childhood Education Block Grant allocation. |
26 | | However, if, in a given fiscal year, the amount appropriated |
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1 | | for the Early Childhood Education Block Grant is insufficient |
2 | | to increase the percentage of the grant to fund programs for |
3 | | children ages 0-3 without reducing the amount of the grant for |
4 | | existing providers of preschool education programs, then the |
5 | | percentage of the grant to fund programs for children ages 0-3 |
6 | | may be held steady instead of increased. This subsection (c) is |
7 | | inoperative 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 |
11 | | Early Childhood Education Block Grant shall report to the |
12 | | State Board of Education on its use of the block grant in such |
13 | | form and detail as the State Board of Education may specify. In |
14 | | addition, the report must include the following description |
15 | | for the district, which must also be reported to the General |
16 | | Assembly: block grant allocation and expenditures by program; |
17 | | population and service levels by program; and administrative |
18 | | expenditures by program. The State Board of Education shall |
19 | | ensure that the reporting requirements for a district |
20 | | organized under Article 34 of this Code are the same as for all |
21 | | other 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) |
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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, |
4 | | the State Board of Education shall award to a school district |
5 | | having a population exceeding 500,000 inhabitants a general |
6 | | education block grant and an educational services block grant, |
7 | | determined as provided in this Section, in lieu of |
8 | | distributing to the district separate State funding for the |
9 | | programs described in subsections (b) and (c). The provisions |
10 | | of this Section, however, do not apply to any federal funds |
11 | | that the district is entitled to receive. In accordance with |
12 | | Section 2-3.32, all block grants are subject to an audit. |
13 | | Therefore, block grant receipts and block grant expenditures |
14 | | shall be recorded to the appropriate fund code for the |
15 | | designated block grant. |
16 | | (b) The general education block grant shall include the |
17 | | following programs: REI Initiative, Summer Bridges, Preschool |
18 | | Education, K-6 Comprehensive Arts, School Improvement Support, |
19 | | Urban Education, Scientific Literacy, Substance Abuse |
20 | | Prevention, Second Language Planning, Staff Development, |
21 | | Outcomes and Assessment, K-6 Reading Improvement, 7-12 |
22 | | Continued Reading Improvement, Truants' Optional Education, |
23 | | Hispanic Programs, Agriculture Education, Parental Training, |
24 | | Prevention Initiative, Report Cards, and Criminal Background |
25 | | Investigations. The general education block grant shall also |
26 | | include Preschool Education, Parental Training, and Prevention |
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1 | | Initiative through June 30, 2026. Notwithstanding any other |
2 | | provision of law, all amounts paid under the general education |
3 | | block grant from State appropriations to a school district in |
4 | | a city having a population exceeding 500,000 inhabitants shall |
5 | | be appropriated and expended by the board of that district for |
6 | | any of the programs included in the block grant or any of the |
7 | | board's lawful purposes. Beginning in Fiscal Year 2018, at |
8 | | least 25% of any additional Preschool Education, Parental |
9 | | Training, and Prevention Initiative program funding over and |
10 | | above the previous fiscal year's allocation shall be used to |
11 | | fund programs for children ages 0-3. Beginning in Fiscal Year |
12 | | 2018, funding for Preschool Education, Parental Training, and |
13 | | Prevention Initiative programs above the allocation for these |
14 | | programs in Fiscal Year 2017 must be used solely as a |
15 | | supplement for these programs and may not supplant funds |
16 | | received from other sources. |
17 | | (b-5) Beginning in Fiscal Year 2027, the Department of |
18 | | Early Childhood shall award a block grant for Preschool |
19 | | Education, Parental Training, and Prevention Initiative to a |
20 | | school district having a population exceeding 500,000 |
21 | | inhabitants. The grants are subject to audit. Therefore, block |
22 | | grant receipts and block grant expenditures shall be recorded |
23 | | to the appropriate fund code for the designated block grant. |
24 | | Notwithstanding any other provision of law, all amounts paid |
25 | | under the block grant from State appropriations to a school |
26 | | district in a city having a population exceeding 500,000 |
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1 | | inhabitants shall be appropriated and expended by the board of |
2 | | that district for any of the programs included in the block |
3 | | grant or any of the board's lawful purposes. The district is |
4 | | not required to file any application or other claim in order to |
5 | | receive the block grant to which it is entitled under this |
6 | | Section. The Department of Early Childhood shall make payments |
7 | | to the district of amounts due under the district's block |
8 | | grant on a schedule determined by the Department. A school |
9 | | district to which this Section applies shall report to the |
10 | | Department of Early Childhood on its use of the block grant in |
11 | | such form and detail as the Department may specify. In |
12 | | addition, the report must include the following description |
13 | | for the district, which must also be reported to the General |
14 | | Assembly: block grant allocation and expenditures by program; |
15 | | population and service levels by program; and administrative |
16 | | expenditures by program. The Department shall ensure that the |
17 | | reporting requirements for the district are the same as for |
18 | | all other school districts in this State. Beginning in Fiscal |
19 | | Year 2018, at least 25% of any additional Preschool Education, |
20 | | Parental Training, and Prevention Initiative program funding |
21 | | over and above the previous fiscal year's allocation shall be |
22 | | used to fund programs for children ages 0-3. Beginning in |
23 | | Fiscal Year 2018, funding for Preschool Education, Parental |
24 | | Training, and Prevention Initiative programs above the |
25 | | allocation for these programs in Fiscal Year 2017 must be used |
26 | | solely as a supplement for these programs and may not supplant |
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1 | | funds received from other sources. (b-10). |
2 | | (c) The educational services block grant shall include the |
3 | | following programs: Regular and Vocational Transportation, |
4 | | State Lunch and Free Breakfast Program, Special Education |
5 | | (Personnel, Transportation, Orphanage, Private Tuition), |
6 | | funding for children requiring special education services, |
7 | | Summer School, Educational Service Centers, and |
8 | | Administrator's Academy. This subsection (c) does not relieve |
9 | | the district of its obligation to provide the services |
10 | | required under a program that is included within the |
11 | | educational services block grant. It is the intention of the |
12 | | General Assembly in enacting the provisions of this subsection |
13 | | (c) to relieve the district of the administrative burdens that |
14 | | impede efficiency and accompany single-program funding. The |
15 | | General Assembly encourages the board to pursue mandate |
16 | | waivers pursuant to Section 2-3.25g. |
17 | | The funding program included in the educational services |
18 | | block grant for funding for children requiring special |
19 | | education services in each fiscal year shall be treated in |
20 | | that fiscal year as a payment to the school district in respect |
21 | | of services provided or costs incurred in the prior fiscal |
22 | | year, calculated in each case as provided in this Section. |
23 | | Nothing in this Section shall change the nature of payments |
24 | | for any program that, apart from this Section, would be or, |
25 | | prior to adoption or amendment of this Section, was on the |
26 | | basis of a payment in a fiscal year in respect of services |
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1 | | provided or costs incurred in the prior fiscal year, |
2 | | calculated in each case as provided in this Section. |
3 | | (d) For fiscal year 1996 and each fiscal year thereafter, |
4 | | the amount of the district's block grants shall be determined |
5 | | as follows: (i) with respect to each program that is included |
6 | | within each block grant, the district shall receive an amount |
7 | | equal to the same percentage of the current fiscal year |
8 | | appropriation made for that program as the percentage of the |
9 | | appropriation received by the district from the 1995 fiscal |
10 | | year appropriation made for that program, and (ii) the total |
11 | | amount that is due the district under the block grant shall be |
12 | | the aggregate of the amounts that the district is entitled to |
13 | | receive for the fiscal year with respect to each program that |
14 | | is included within the block grant that the State Board of |
15 | | Education shall award the district under this Section for that |
16 | | fiscal year. In the case of the Summer Bridges program, the |
17 | | amount of the district's block grant shall be equal to 44% of |
18 | | the amount of the current fiscal year appropriation made for |
19 | | that program. |
20 | | (e) The district is not required to file any application |
21 | | or other claim in order to receive the block grants to which it |
22 | | is entitled under this Section. The State Board of Education |
23 | | shall make payments to the district of amounts due under the |
24 | | district's block grants on a schedule determined by the State |
25 | | Board of Education. |
26 | | (f) A school district to which this Section applies shall |
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1 | | report to the State Board of Education on its use of the block |
2 | | grants in such form and detail as the State Board of Education |
3 | | may specify. In addition, the report must include the |
4 | | following description for the district, which must also be |
5 | | reported to the General Assembly: block grant allocation and |
6 | | expenditures by program; population and service levels by |
7 | | program; and administrative expenditures by program. The State |
8 | | Board of Education shall ensure that the reporting |
9 | | requirements for the district are the same as for all other |
10 | | school districts in this State. |
11 | | (g) This paragraph provides for the treatment of block |
12 | | grants under Article 1C for purposes of calculating the amount |
13 | | of block grants for a district under this Section. Those block |
14 | | grants under Article 1C are, for this purpose, treated as |
15 | | included in the amount of appropriation for the various |
16 | | programs set forth in paragraph (b) above. The appropriation |
17 | | in each current fiscal year for each block grant under Article |
18 | | 1C shall be treated for these purposes as appropriations for |
19 | | the individual program included in that block grant. The |
20 | | proportion of each block grant so allocated to each such |
21 | | program included in it shall be the proportion which the |
22 | | appropriation for that program was of all appropriations for |
23 | | such purposes now in that block grant, in fiscal 1995. |
24 | | Payments to the school district under this Section with |
25 | | respect to each program for which payments to school districts |
26 | | generally, as of the date of this amendatory Act of the 92nd |
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1 | | General Assembly, are on a reimbursement basis shall continue |
2 | | to be made to the district on a reimbursement basis, pursuant |
3 | | to the provisions of this Code governing those programs. |
4 | | (h) Notwithstanding any other provision of law, any school |
5 | | district receiving a block grant under this Section may |
6 | | classify all or a portion of the funds that it receives in a |
7 | | particular fiscal year from any block grant authorized under |
8 | | this Code or from general State aid pursuant to Section |
9 | | 18-8.05 of this Code (other than supplemental general State |
10 | | aid) as funds received in connection with any funding program |
11 | | for which it is entitled to receive funds from the State in |
12 | | that fiscal year (including, without limitation, any funding |
13 | | program referred to in subsection (c) of this Section), |
14 | | regardless of the source or timing of the receipt. The |
15 | | district may not classify more funds as funds received in |
16 | | connection with the funding program than the district is |
17 | | entitled to receive in that fiscal year for that program. Any |
18 | | classification by a district must be made by a resolution of |
19 | | its board of education. The resolution must identify the |
20 | | amount of any block grant or general State aid to be classified |
21 | | under this subsection (h) and must specify the funding program |
22 | | to which the funds are to be treated as received in connection |
23 | | therewith. This resolution is controlling as to the |
24 | | classification of funds referenced therein. A certified copy |
25 | | of the resolution must be sent to the State Superintendent of |
26 | | Education. The resolution shall still take effect even though |
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1 | | a copy of the resolution has not been sent to the State |
2 | | Superintendent of Education in a timely manner. No |
3 | | classification under this subsection (h) by a district shall |
4 | | affect the total amount or timing of money the district is |
5 | | entitled to receive under this Code. No classification under |
6 | | this subsection (h) by a district shall in any way relieve the |
7 | | district from or affect any requirements that otherwise would |
8 | | apply with respect to the block grant as provided in this |
9 | | Section, including any accounting of funds by source, |
10 | | reporting expenditures by original source and purpose, |
11 | | reporting requirements, or requirements of provision of |
12 | | services. |
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 |
17 | | State Board of Education shall award to a school district |
18 | | having a population exceeding 500,000 inhabitants a general |
19 | | education block grant and an educational services block grant, |
20 | | determined as provided in this Section, in lieu of |
21 | | distributing to the district separate State funding for the |
22 | | programs described in subsections (b) and (c). The provisions |
23 | | of this Section, however, do not apply to any federal funds |
24 | | that the district is entitled to receive. In accordance with |
25 | | Section 2-3.32, all block grants are subject to an audit. |
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1 | | Therefore, block grant receipts and block grant expenditures |
2 | | shall be recorded to the appropriate fund code for the |
3 | | designated block grant. |
4 | | (b) The general education block grant shall include the |
5 | | following programs: REI Initiative, Summer Bridges, Preschool |
6 | | At Risk, K-6 Comprehensive Arts, School Improvement Support, |
7 | | Urban Education, Scientific Literacy, Substance Abuse |
8 | | Prevention, Second Language Planning, Staff Development, |
9 | | Outcomes and Assessment, K-6 Reading Improvement, 7-12 |
10 | | Continued Reading Improvement, Truants' Optional Education, |
11 | | Hispanic Programs, Agriculture Education, Parental Education, |
12 | | Prevention Initiative, Report Cards, and Criminal Background |
13 | | Investigations. The general education block grant shall also |
14 | | include Preschool Education, Parental Training, and Prevention |
15 | | Initiative through June 30, 2026. Notwithstanding any other |
16 | | provision of law, all amounts paid under the general education |
17 | | block grant from State appropriations to a school district in |
18 | | a city having a population exceeding 500,000 inhabitants shall |
19 | | be appropriated and expended by the board of that district for |
20 | | any of the programs included in the block grant or any of the |
21 | | board's lawful purposes. |
22 | | (b-5) Beginning in Fiscal Year 2027, the Department of |
23 | | Early Childhood shall award a block grant for Preschool |
24 | | Education, Parental Training, and Prevention Initiative to a |
25 | | school district having a population exceeding 500,000 |
26 | | inhabitants. The grants are subject to audit. Therefore, block |
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1 | | grant receipts and block grant expenditures shall be recorded |
2 | | to the appropriate fund code for the designated block grant. |
3 | | Notwithstanding any other provision of law, all amounts paid |
4 | | under the block grant from State appropriations to a school |
5 | | district in a city having a population exceeding 500,000 |
6 | | inhabitants shall be appropriated and expended by the board of |
7 | | that district for any of the programs included in the block |
8 | | grant or any of the board's lawful purposes. The district is |
9 | | not required to file any application or other claim in order to |
10 | | receive the block grant to which it is entitled under this |
11 | | Section. The Department of Early Childhood shall make payments |
12 | | to the district of amounts due under the district's block |
13 | | grant on a schedule determined by the Department. A school |
14 | | district to which this Section applies shall report to the |
15 | | Department of Early Childhood on its use of the block grant in |
16 | | such form and detail as the Department may specify. In |
17 | | addition, the report must include the following description |
18 | | for the district, which must also be reported to the General |
19 | | Assembly: block grant allocation and expenditures by program; |
20 | | population and service levels by program; and administrative |
21 | | expenditures by program. The Department shall ensure that the |
22 | | reporting requirements for the district are the same as for |
23 | | all other school districts in this State. Beginning in Fiscal |
24 | | Year 2018, at least 25% of any additional Preschool Education, |
25 | | Parental Training, and Prevention Initiative program funding |
26 | | over and above the previous fiscal year's allocation shall be |
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1 | | used to fund programs for children ages 0-3. Beginning in |
2 | | Fiscal Year 2018, funding for Preschool Education, Parental |
3 | | Training, and Prevention Initiative programs above the |
4 | | allocation for these programs in Fiscal Year 2017 must be used |
5 | | solely as a supplement for these programs and may not supplant |
6 | | funds received from other sources. (b-10). |
7 | | (c) The educational services block grant shall include the |
8 | | following programs: Regular and Vocational Transportation, |
9 | | State Lunch and Free Breakfast Program, Special Education |
10 | | (Personnel, Transportation, Orphanage, Private Tuition), |
11 | | funding for children requiring special education services, |
12 | | Summer School, Educational Service Centers, and |
13 | | Administrator's Academy. This subsection (c) does not relieve |
14 | | the district of its obligation to provide the services |
15 | | required under a program that is included within the |
16 | | educational services block grant. It is the intention of the |
17 | | General Assembly in enacting the provisions of this subsection |
18 | | (c) to relieve the district of the administrative burdens that |
19 | | impede efficiency and accompany single-program funding. The |
20 | | General Assembly encourages the board to pursue mandate |
21 | | waivers pursuant to Section 2-3.25g. |
22 | | The funding program included in the educational services |
23 | | block grant for funding for children requiring special |
24 | | education services in each fiscal year shall be treated in |
25 | | that fiscal year as a payment to the school district in respect |
26 | | of services provided or costs incurred in the prior fiscal |
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1 | | year, calculated in each case as provided in this Section. |
2 | | Nothing in this Section shall change the nature of payments |
3 | | for any program that, apart from this Section, would be or, |
4 | | prior to adoption or amendment of this Section, was on the |
5 | | basis of a payment in a fiscal year in respect of services |
6 | | provided or costs incurred in the prior fiscal year, |
7 | | calculated in each case as provided in this Section. |
8 | | (d) For fiscal year 1996 through fiscal year 2017, the |
9 | | amount of the district's block grants shall be determined as |
10 | | follows: (i) with respect to each program that is included |
11 | | within each block grant, the district shall receive an amount |
12 | | equal to the same percentage of the current fiscal year |
13 | | appropriation made for that program as the percentage of the |
14 | | appropriation received by the district from the 1995 fiscal |
15 | | year appropriation made for that program, and (ii) the total |
16 | | amount that is due the district under the block grant shall be |
17 | | the aggregate of the amounts that the district is entitled to |
18 | | receive for the fiscal year with respect to each program that |
19 | | is included within the block grant that the State Board of |
20 | | Education shall award the district under this Section for that |
21 | | fiscal year. In the case of the Summer Bridges program, the |
22 | | amount of the district's block grant shall be equal to 44% of |
23 | | the amount of the current fiscal year appropriation made for |
24 | | that program. |
25 | | (e) The district is not required to file any application |
26 | | or other claim in order to receive the block grants to which it |
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1 | | is entitled under this Section. The State Board of Education |
2 | | shall make payments to the district of amounts due under the |
3 | | district's block grants on a schedule determined by the State |
4 | | Board of Education. |
5 | | (f) A school district to which this Section applies shall |
6 | | report to the State Board of Education on its use of the block |
7 | | grants in such form and detail as the State Board of Education |
8 | | may specify. In addition, the report must include the |
9 | | following description for the district, which must also be |
10 | | reported to the General Assembly: block grant allocation and |
11 | | expenditures by program; population and service levels by |
12 | | program; and administrative expenditures by program. The State |
13 | | Board of Education shall ensure that the reporting |
14 | | requirements for the district are the same as for all other |
15 | | school districts in this State. |
16 | | (g) Through fiscal year 2017, this paragraph provides for |
17 | | the treatment of block grants under Article 1C for purposes of |
18 | | calculating the amount of block grants for a district under |
19 | | this Section. Those block grants under Article 1C are, for |
20 | | this purpose, treated as included in the amount of |
21 | | appropriation for the various programs set forth in paragraph |
22 | | (b) above. The appropriation in each current fiscal year for |
23 | | each block grant under Article 1C shall be treated for these |
24 | | purposes as appropriations for the individual program included |
25 | | in that block grant. The proportion of each block grant so |
26 | | allocated to each such program included in it shall be the |
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1 | | proportion which the appropriation for that program was of all |
2 | | appropriations for such purposes now in that block grant, in |
3 | | fiscal 1995. |
4 | | Payments to the school district under this Section with |
5 | | respect to each program for which payments to school districts |
6 | | generally, as of the date of this amendatory Act of the 92nd |
7 | | General Assembly, are on a reimbursement basis shall continue |
8 | | to be made to the district on a reimbursement basis, pursuant |
9 | | to the provisions of this Code governing those programs. |
10 | | (h) Notwithstanding any other provision of law, any school |
11 | | district receiving a block grant under this Section may |
12 | | classify all or a portion of the funds that it receives in a |
13 | | particular fiscal year from any block grant authorized under |
14 | | this Code or from general State aid pursuant to Section |
15 | | 18-8.05 of this Code (other than supplemental general State |
16 | | aid) as funds received in connection with any funding program |
17 | | for which it is entitled to receive funds from the State in |
18 | | that fiscal year (including, without limitation, any funding |
19 | | program referred to in subsection (c) of this Section), |
20 | | regardless of the source or timing of the receipt. The |
21 | | district may not classify more funds as funds received in |
22 | | connection with the funding program than the district is |
23 | | entitled to receive in that fiscal year for that program. Any |
24 | | classification by a district must be made by a resolution of |
25 | | its board of education. The resolution must identify the |
26 | | amount of any block grant or general State aid to be classified |
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1 | | under this subsection (h) and must specify the funding program |
2 | | to which the funds are to be treated as received in connection |
3 | | therewith. This resolution is controlling as to the |
4 | | classification of funds referenced therein. A certified copy |
5 | | of the resolution must be sent to the State Superintendent of |
6 | | Education. The resolution shall still take effect even though |
7 | | a copy of the resolution has not been sent to the State |
8 | | Superintendent of Education in a timely manner. No |
9 | | classification under this subsection (h) by a district shall |
10 | | affect the total amount or timing of money the district is |
11 | | entitled to receive under this Code. No classification under |
12 | | this subsection (h) by a district shall in any way relieve the |
13 | | district from or affect any requirements that otherwise would |
14 | | apply with respect to the block grant as provided in this |
15 | | Section, including any accounting of funds by source, |
16 | | reporting expenditures by original source and purpose, |
17 | | reporting requirements, or requirements of provision of |
18 | | services. |
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 |
22 | | submit a budget recommendation to the Governor and General |
23 | | Assembly that contains recommendations for funding for |
24 | | pre-school through grade 12 through Fiscal Year 2026. For |
25 | | Fiscal Year 2027, and annually thereafter, the State Board of |
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1 | | Education shall submit a budget recommendation to the Governor |
2 | | and General Assembly that contains recommendations for funding |
3 | | for 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" |
8 | | includes both full-day and half-day kindergarten programs. |
9 | | (b) Beginning no later than the 2021-2022 school year, the |
10 | | State Board of Education shall annually assess all public |
11 | | school students entering kindergarten using a common |
12 | | assessment tool, unless the State Board determines that a |
13 | | student is otherwise exempt. The common assessment tool must |
14 | | assess multiple developmental domains, including literacy, |
15 | | language, mathematics, and social and emotional development. |
16 | | The assessment must be valid, reliable, and developmentally |
17 | | appropriate to formatively assess a child's development and |
18 | | readiness for kindergarten. |
19 | | (c) Results from the assessment may be used by the school |
20 | | to understand the child's development and readiness for |
21 | | kindergarten, to tailor instruction, and to measure the |
22 | | child's progress over time. Assessment results may also be |
23 | | used to identify a need for the professional development of |
24 | | teachers and early childhood educators and to inform |
25 | | State-level and district-level policies and resource |
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1 | | allocation. |
2 | | The school shall make the assessment results available to |
3 | | the child's parent or guardian. |
4 | | The assessment results may not be used (i) to prevent a |
5 | | child from enrolling in kindergarten or (ii) as the sole |
6 | | measure used in determining the grade promotion or retention |
7 | | of a student. |
8 | | (d) On an annual basis, the State Board shall report |
9 | | publicly, at a minimum, data from the assessment for the State |
10 | | overall and for each school district. The State Board's report |
11 | | must disaggregate data by race and ethnicity, household |
12 | | income, students who are English learners, and students who |
13 | | have an individualized education program. |
14 | | (e) The State Superintendent of Education shall appoint a |
15 | | committee of no more than 22 21 members, including the |
16 | | Secretary of Early Childhood or the Secretary's designee, |
17 | | parents, teachers, school administrators, assessment experts, |
18 | | regional superintendents of schools, state policy advocates, |
19 | | early childhood administrators, and other stakeholders, to |
20 | | review, on an ongoing basis, the content and design of the |
21 | | assessment, the collective results of the assessment as |
22 | | measured against kindergarten-readiness standards, and other |
23 | | issues involving the assessment as identified by the |
24 | | committee. |
25 | | The committee shall make periodic recommendations to the |
26 | | State Superintendent of Education and the General Assembly |
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1 | | concerning the assessments. |
2 | | (f) The State Board may adopt rules to implement and |
3 | | administer 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. |
6 | | 102-209).) |
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, |
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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. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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, |
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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 |
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1 | | Early Childhood, and beginning in fiscal year 2028, |
2 | | the Department of Early Childhood shall make available |
3 | | on a biennial basis, in a report, all of the following |
4 | | data for children from birth to age 5 who are served by |
5 | | the program: |
6 | | (i) Total number served over the course of the |
7 | | program year and the total number of children who |
8 | | left the program during the program year. |
9 | | (ii) Number of planned transitions to another |
10 | | program due to children's behavior, by children's |
11 | | race, gender, disability, language, class/group |
12 | | size, teacher-child ratio, and length of program |
13 | | day. |
14 | | (iii) Number of temporary removals of a child |
15 | | from attendance in group settings due to a serious |
16 | | safety threat under subparagraph (E) of this |
17 | | paragraph (7), by children's race, gender, |
18 | | disability, language, class/group size, |
19 | | teacher-child ratio, and length of program day. |
20 | | (iv) Hours of infant and early childhood |
21 | | mental health consultant contact with program |
22 | | leaders, staff, and families over the program |
23 | | year. |
24 | | (H) Changes to services for children with an |
25 | | individualized education program or individual family |
26 | | service plan shall be construed in a manner consistent |
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1 | | with the federal Individuals with Disabilities |
2 | | Education Act. |
3 | | The Department of Early Childhood 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, |
10 | | grantees may serve children ages 0 to 12 of essential workers |
11 | | if the Governor has declared a disaster due to a public health |
12 | | emergency pursuant to Section 7 of the Illinois Emergency |
13 | | Management Agency Act. For the purposes of this subsection, |
14 | | essential workers include those outlined in Executive Order |
15 | | 20-8 and school employees. The State Board of Education shall |
16 | | adopt rules to administer this subsection. |
17 | | (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 |
19 | | Section 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 |
23 | | programs. The State Board of Education shall implement and |
24 | | administer a grant program consisting of grants to public |
25 | | school districts and other eligible entities, as defined by |
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1 | | the State Board of Education, to conduct early childhood |
2 | | parental training programs for the parents of children in the |
3 | | period of life from birth to kindergarten. A public school |
4 | | district that receives grants under this Section may contract |
5 | | with other eligible entities to conduct an early childhood |
6 | | parental training program. These grants must be used to |
7 | | supplement, not supplant, funds received from any other |
8 | | source. A school board or other eligible entity shall employ |
9 | | appropriately qualified personnel for its early childhood |
10 | | parental training program, including but not limited to |
11 | | certified teachers, counselors, psychiatrists, psychologists |
12 | | and social workers. |
13 | | (a) As used in this Section, "parental training" means and |
14 | | includes 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 |
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1 | | substantial participation and interaction between parent and |
2 | | child. |
3 | | (b) The Board shall annually award funds through a grant |
4 | | approval process established by the State Board of Education, |
5 | | providing that an annual appropriation is made for this |
6 | | purpose from State, federal or private funds. Nothing in this |
7 | | Section shall preclude school districts from applying for or |
8 | | accepting private funds to establish and implement programs. |
9 | | (c) The State Board of Education shall assist those |
10 | | districts and other eligible entities offering early childhood |
11 | | parental training programs, upon request, in developing |
12 | | instructional materials, training teachers and staff, and |
13 | | establishing appropriate time allotments for each of the areas |
14 | | included in such instruction. |
15 | | (d) School districts and other eligible entities may offer |
16 | | early childhood parental training courses during that period |
17 | | of the day which is not part of the regular school day. |
18 | | Residents of the community may enroll in such courses. The |
19 | | school board or other eligible entity may establish fees and |
20 | | collect such charges as may be necessary for attendance at |
21 | | such courses in an amount not to exceed the per capita cost of |
22 | | the operation thereof, except that the board or other eligible |
23 | | entity may waive all or part of such charges if it determines |
24 | | that the parent is indigent or that the educational needs of |
25 | | the parent require his or her attendance at such courses. |
26 | | (e) Parents who participate in early childhood parental |
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1 | | training programs under this Section may be eligible for |
2 | | reasonable reimbursement of any incidental transportation and |
3 | | child care expenses from the school district receiving funds |
4 | | pursuant to this Section. |
5 | | (f) Districts and other eligible entities receiving grants |
6 | | pursuant to this Section shall coordinate programs created |
7 | | under this Section with other preschool educational programs, |
8 | | including "at-risk" preschool programs, special and vocational |
9 | | education, and related services provided by other governmental |
10 | | agencies and not-for-profit agencies. |
11 | | (g) The State Board of Education shall report to the |
12 | | General Assembly by July 1, 1991, on the results of the |
13 | | programs funded pursuant to this Section and whether a need |
14 | | continues for such programs. |
15 | | (h) After July 1, 2006, any parental training services |
16 | | funded pursuant to this Section on the effective date of this |
17 | | amendatory Act of the 94th General Assembly shall continue to |
18 | | be funded pursuant to this Section, subject to appropriation |
19 | | and the meeting of program standards. Any additional parental |
20 | | training services must be funded, subject to appropriation, |
21 | | through preschool education grants pursuant to subdivision (4) |
22 | | of subsection (a) of Section 2-3.71 of this Code for families |
23 | | with children ages 3 to 5 and through prevention initiative |
24 | | grants pursuant to subsection (b) of Section 2-3.89 of this |
25 | | Code for expecting families and those with children from birth |
26 | | to 3 years of age. |
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1 | | (i) Early childhood programs under this Section are |
2 | | subject 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 |
8 | | for preschool children with disabilities from birth to age 3. |
9 | | The State Board of Education may enter into contracts with |
10 | | public or not-for-profit private organizations or agencies to |
11 | | establish model pilot programs which provide services to |
12 | | children with disabilities from birth up to the age of 3 years. |
13 | | Annual grants shall be awarded on a competitive basis pursuant |
14 | | to established criteria provided that there is an annual |
15 | | appropriation for this purpose. Public or not-for-profit |
16 | | private organizations or agencies that are providing services |
17 | | to children with disabilities up to the age of 3 years prior to |
18 | | September 22, 1985 are eligible to receive grants awarded |
19 | | pursuant to this Section. |
20 | | Each pilot program shall include, but not be limited to: a |
21 | | process for identification of infants with disabilities in the |
22 | | region; community awareness of the project and the services |
23 | | provided; an intervention system; methods to assess and |
24 | | diagnose infants with disabilities; written individual |
25 | | treatment programs that include parental involvement; an |
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1 | | interdisciplinary treatment approach to include other agencies |
2 | | and not-for-profit organizations; and a written evaluation |
3 | | submitted to the State Board of Education at the end of the |
4 | | grant period. |
5 | | An Interagency Coordination Council shall be established |
6 | | consisting of a representative of the State Superintendent of |
7 | | Education who shall serve as chairman, and one representative |
8 | | from the following departments appointed by the respective |
9 | | directors or secretary: Children and Family Services, Public |
10 | | Health, Human Services, Public Aid, and the Division of |
11 | | Specialized Care for Children of the University of Illinois. |
12 | | The council shall recommend criteria to the State Board of |
13 | | Education for the awarding of grants pursuant to this Section |
14 | | and shall assist in coordinating the services provided by |
15 | | agencies to the children with disabilities described in this |
16 | | Section. |
17 | | A report containing recommendations concerning all of the |
18 | | pilot programs shall be submitted by the State Board of |
19 | | Education to the General Assembly by January of 1989. The |
20 | | report which shall analyze the results of the pilot programs |
21 | | funded under this Section and make recommendations concerning |
22 | | existing and proposed programs shall include, but not be |
23 | | limited to: recommendations for staff licensure and |
24 | | qualifications; the number of children and families eligible |
25 | | for services statewide; the cost of serving the children and |
26 | | their families; the types of services to be provided; and |
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1 | | designs for the most effective delivery systems of these |
2 | | services. |
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 |
7 | | children and their families. |
8 | | (a) The State Board of Education may provide grants to |
9 | | eligible entities, as defined by the State Board of Education, |
10 | | to establish programs which offer coordinated services to |
11 | | at-risk infants and toddlers and their families. Each program |
12 | | shall include a parent education program relating to the |
13 | | development and nurturing of infants and toddlers and case |
14 | | management services to coordinate existing services available |
15 | | in the region served by the program. These services shall be |
16 | | provided through the implementation of an individual family |
17 | | service plan. Each program will have a community involvement |
18 | | component to provide coordination in the service system. |
19 | | (b) The State Board of Education shall administer the |
20 | | programs through the grants to public school districts and |
21 | | other eligible entities. These grants must be used to |
22 | | supplement, not supplant, funds received from any other |
23 | | source. School districts and other eligible entities receiving |
24 | | grants pursuant to this Section shall conduct voluntary, |
25 | | intensive, research-based, and comprehensive prevention |
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1 | | services, as defined by the State Board of Education, for |
2 | | expecting parents and families with children from birth to age |
3 | | 3 who are at-risk of academic failure. A public school |
4 | | district that receives a grant under this Section may |
5 | | subcontract with other eligible entities. |
6 | | (c) The State Board of Education shall report to the |
7 | | General Assembly by July 1, 2006 and every 2 years thereafter, |
8 | | using the most current data available, on the status of |
9 | | programs funded under this Section, including without |
10 | | limitation characteristics of participants, services |
11 | | delivered, program models used, unmet needs, and results of |
12 | | the 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 |
17 | | searches. |
18 | | (a) To expel pupils guilty of gross disobedience or |
19 | | misconduct, including gross disobedience or misconduct |
20 | | perpetuated by electronic means, pursuant to subsection (b-20) |
21 | | of this Section, and no action shall lie against them for such |
22 | | expulsion. Expulsion shall take place only after the parents |
23 | | have been requested to appear at a meeting of the board, or |
24 | | with a hearing officer appointed by it, to discuss their |
25 | | child's behavior. Such request shall be made by registered or |
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1 | | certified mail and shall state the time, place and purpose of |
2 | | the meeting. The board, or a hearing officer appointed by it, |
3 | | at such meeting shall state the reasons for dismissal and the |
4 | | date on which the expulsion is to become effective. If a |
5 | | hearing officer is appointed by the board, he shall report to |
6 | | the board a written summary of the evidence heard at the |
7 | | meeting and the board may take such action thereon as it finds |
8 | | appropriate. If the board acts to expel a pupil, the written |
9 | | expulsion decision shall detail the specific reasons why |
10 | | removing the pupil from the learning environment is in the |
11 | | best interest of the school. The expulsion decision shall also |
12 | | include a rationale as to the specific duration of the |
13 | | expulsion. An expelled pupil may be immediately transferred to |
14 | | an alternative program in the manner provided in Article 13A |
15 | | or 13B of this Code. A pupil must not be denied transfer |
16 | | because of the expulsion, except in cases in which such |
17 | | transfer is deemed to cause a threat to the safety of students |
18 | | or staff in the alternative program. |
19 | | (b) To suspend or by policy to authorize the |
20 | | superintendent of the district or the principal, assistant |
21 | | principal, or dean of students of any school to suspend pupils |
22 | | guilty of gross disobedience or misconduct, or to suspend |
23 | | pupils guilty of gross disobedience or misconduct on the |
24 | | school bus from riding the school bus, pursuant to subsections |
25 | | (b-15) and (b-20) of this Section, and no action shall lie |
26 | | against them for such suspension. The board may by policy |
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1 | | authorize the superintendent of the district or the principal, |
2 | | assistant principal, or dean of students of any school to |
3 | | suspend pupils guilty of such acts for a period not to exceed |
4 | | 10 school days. If a pupil is suspended due to gross |
5 | | disobedience or misconduct on a school bus, the board may |
6 | | suspend the pupil in excess of 10 school days for safety |
7 | | reasons. |
8 | | Any suspension shall be reported immediately to the |
9 | | parents or guardian of a pupil along with a full statement of |
10 | | the reasons for such suspension and a notice of their right to |
11 | | a review. The school board must be given a summary of the |
12 | | notice, including the reason for the suspension and the |
13 | | suspension length. Upon request of the parents or guardian, |
14 | | the school board or a hearing officer appointed by it shall |
15 | | review such action of the superintendent or principal, |
16 | | assistant principal, or dean of students. At such review, the |
17 | | parents or guardian of the pupil may appear and discuss the |
18 | | suspension with the board or its hearing officer. If a hearing |
19 | | officer is appointed by the board, he shall report to the board |
20 | | a written summary of the evidence heard at the meeting. After |
21 | | its hearing or upon receipt of the written report of its |
22 | | hearing officer, the board may take such action as it finds |
23 | | appropriate. If a student is suspended pursuant to this |
24 | | subsection (b), the board shall, in the written suspension |
25 | | decision, detail the specific act of gross disobedience or |
26 | | misconduct resulting in the decision to suspend. The |
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1 | | suspension decision shall also include a rationale as to the |
2 | | specific duration of the suspension. A pupil who is suspended |
3 | | in excess of 20 school days may be immediately transferred to |
4 | | an alternative program in the manner provided in Article 13A |
5 | | or 13B of this Code. A pupil must not be denied transfer |
6 | | because of the suspension, except in cases in which such |
7 | | transfer is deemed to cause a threat to the safety of students |
8 | | or staff in the alternative program. |
9 | | (b-5) Among the many possible disciplinary interventions |
10 | | and consequences available to school officials, school |
11 | | exclusions, such as out-of-school suspensions and expulsions, |
12 | | are the most serious. School officials shall limit the number |
13 | | and duration of expulsions and suspensions to the greatest |
14 | | extent practicable, and it is recommended that they use them |
15 | | only for legitimate educational purposes. To ensure that |
16 | | students are not excluded from school unnecessarily, it is |
17 | | recommended that school officials consider forms of |
18 | | non-exclusionary discipline prior to using out-of-school |
19 | | suspensions or expulsions. |
20 | | (b-10) Unless otherwise required by federal law or this |
21 | | Code, school boards may not institute zero-tolerance policies |
22 | | by which school administrators are required to suspend or |
23 | | expel students for particular behaviors. |
24 | | (b-15) Out-of-school suspensions of 3 days or less may be |
25 | | used only if the student's continuing presence in school would |
26 | | pose a threat to school safety or a disruption to other |
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1 | | students' learning opportunities. For purposes of this |
2 | | subsection (b-15), "threat to school safety or a disruption to |
3 | | other students' learning opportunities" shall be determined on |
4 | | a case-by-case basis by the school board or its designee. |
5 | | School officials shall make all reasonable efforts to resolve |
6 | | such threats, address such disruptions, and minimize the |
7 | | length of suspensions to the greatest extent practicable. |
8 | | (b-20) Unless otherwise required by this Code, |
9 | | out-of-school suspensions of longer than 3 days, expulsions, |
10 | | and disciplinary removals to alternative schools may be used |
11 | | only if other appropriate and available behavioral and |
12 | | disciplinary interventions have been exhausted and the |
13 | | student's continuing presence in school would either (i) pose |
14 | | a threat to the safety of other students, staff, or members of |
15 | | the school community or (ii) substantially disrupt, impede, or |
16 | | interfere with the operation of the school. For purposes of |
17 | | this subsection (b-20), "threat to the safety of other |
18 | | students, staff, or members of the school community" and |
19 | | "substantially disrupt, impede, or interfere with the |
20 | | operation of the school" shall be determined on a case-by-case |
21 | | basis by school officials. For purposes of this subsection |
22 | | (b-20), the determination of whether "appropriate and |
23 | | available behavioral and disciplinary interventions have been |
24 | | exhausted" shall be made by school officials. School officials |
25 | | shall make all reasonable efforts to resolve such threats, |
26 | | address such disruptions, and minimize the length of student |
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1 | | exclusions to the greatest extent practicable. Within the |
2 | | suspension decision described in subsection (b) of this |
3 | | Section or the expulsion decision described in subsection (a) |
4 | | of this Section, it shall be documented whether other |
5 | | interventions were attempted or whether it was determined that |
6 | | there were no other appropriate and available interventions. |
7 | | (b-25) Students who are suspended out-of-school for longer |
8 | | than 4 school days shall be provided appropriate and available |
9 | | support services during the period of their suspension. For |
10 | | purposes of this subsection (b-25), "appropriate and available |
11 | | support services" shall be determined by school authorities. |
12 | | Within the suspension decision described in subsection (b) of |
13 | | this Section, it shall be documented whether such services are |
14 | | to be provided or whether it was determined that there are no |
15 | | such appropriate and available services. |
16 | | A school district may refer students who are expelled to |
17 | | appropriate and available support services. |
18 | | A school district shall create a policy to facilitate the |
19 | | re-engagement of students who are suspended out-of-school, |
20 | | expelled, or returning from an alternative school setting. |
21 | | (b-30) A school district shall create a policy by which |
22 | | suspended pupils, including those pupils suspended from the |
23 | | school bus who do not have alternate transportation to school, |
24 | | shall have the opportunity to make up work for equivalent |
25 | | academic credit. It shall be the responsibility of a pupil's |
26 | | parent or guardian to notify school officials that a pupil |
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1 | | suspended from the school bus does not have alternate |
2 | | transportation to school. |
3 | | (c) A school board must invite a representative from a |
4 | | local mental health agency to consult with the board at the |
5 | | meeting whenever there is evidence that mental illness may be |
6 | | the cause of a student's expulsion or suspension. |
7 | | (c-5) School districts shall make reasonable efforts to |
8 | | provide ongoing professional development to teachers, |
9 | | administrators, school board members, school resource |
10 | | officers, and staff on the adverse consequences of school |
11 | | exclusion and justice-system involvement, effective classroom |
12 | | management strategies, culturally responsive discipline, the |
13 | | appropriate and available supportive services for the |
14 | | promotion of student attendance and engagement, and |
15 | | developmentally appropriate disciplinary methods that promote |
16 | | positive and healthy school climates. |
17 | | (d) The board may expel a student for a definite period of |
18 | | time not to exceed 2 calendar years, as determined on a |
19 | | case-by-case basis. A student who is determined to have |
20 | | brought one of the following objects to school, any |
21 | | school-sponsored activity or event, or any activity or event |
22 | | that bears a reasonable relationship to school shall be |
23 | | expelled 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, |
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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. |
15 | | Expulsion or suspension shall be construed in a manner |
16 | | consistent with the federal Individuals with Disabilities |
17 | | Education Act. A student who is subject to suspension or |
18 | | expulsion as provided in this Section may be eligible for a |
19 | | transfer to an alternative school program in accordance with |
20 | | Article 13A of the School Code. |
21 | | (d-5) The board may suspend or by regulation authorize the |
22 | | superintendent of the district or the principal, assistant |
23 | | principal, or dean of students of any school to suspend a |
24 | | student for a period not to exceed 10 school days or may expel |
25 | | a student for a definite period of time not to exceed 2 |
26 | | calendar years, as determined on a case-by-case basis, if (i) |
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1 | | that student has been determined to have made an explicit |
2 | | threat on an Internet website against a school employee, a |
3 | | student, or any school-related personnel, (ii) the Internet |
4 | | website through which the threat was made is a site that was |
5 | | accessible within the school at the time the threat was made or |
6 | | was available to third parties who worked or studied within |
7 | | the school grounds at the time the threat was made, and (iii) |
8 | | the threat could be reasonably interpreted as threatening to |
9 | | the safety and security of the threatened individual because |
10 | | of his or her duties or employment status or status as a |
11 | | student inside the school. |
12 | | (e) To maintain order and security in the schools, school |
13 | | authorities may inspect and search places and areas such as |
14 | | lockers, desks, parking lots, and other school property and |
15 | | equipment owned or controlled by the school, as well as |
16 | | personal effects left in those places and areas by students, |
17 | | without notice to or the consent of the student, and without a |
18 | | search warrant. As a matter of public policy, the General |
19 | | Assembly finds that students have no reasonable expectation of |
20 | | privacy in these places and areas or in their personal effects |
21 | | left in these places and areas. School authorities may request |
22 | | the assistance of law enforcement officials for the purpose of |
23 | | conducting inspections and searches of lockers, desks, parking |
24 | | lots, and other school property and equipment owned or |
25 | | controlled by the school for illegal drugs, weapons, or other |
26 | | illegal or dangerous substances or materials, including |
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1 | | searches conducted through the use of specially trained dogs. |
2 | | If a search conducted in accordance with this Section produces |
3 | | evidence that the student has violated or is violating either |
4 | | the law, local ordinance, or the school's policies or rules, |
5 | | such evidence may be seized by school authorities, and |
6 | | disciplinary action may be taken. School authorities may also |
7 | | turn over such evidence to law enforcement authorities. |
8 | | (f) Suspension or expulsion may include suspension or |
9 | | expulsion from school and all school activities and a |
10 | | prohibition from being present on school grounds. |
11 | | (g) A school district may adopt a policy providing that if |
12 | | a student is suspended or expelled for any reason from any |
13 | | public or private school in this or any other state, the |
14 | | student must complete the entire term of the suspension or |
15 | | expulsion in an alternative school program under Article 13A |
16 | | of this Code or an alternative learning opportunities program |
17 | | under Article 13B of this Code before being admitted into the |
18 | | school district if there is no threat to the safety of students |
19 | | or staff in the alternative program. |
20 | | (h) School officials shall not advise or encourage |
21 | | students to drop out voluntarily due to behavioral or academic |
22 | | difficulties. |
23 | | (i) A student may not be issued a monetary fine or fee as a |
24 | | disciplinary consequence, though this shall not preclude |
25 | | requiring a student to provide restitution for lost, stolen, |
26 | | or damaged property. |
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1 | | (j) Subsections (a) through (i) of this Section shall |
2 | | apply to elementary and secondary schools, charter schools, |
3 | | special charter districts, and school districts organized |
4 | | under Article 34 of this Code. |
5 | | (k) The expulsion of children enrolled in programs funded |
6 | | under Section 1C-2 of this Code is subject to the requirements |
7 | | under paragraph (7) of subsection (a) of Section 2-3.71 of |
8 | | this Code. |
9 | | (l) Beginning with the 2018-2019 school year, an in-school |
10 | | suspension program provided by a school district for any |
11 | | students in kindergarten through grade 12 may focus on |
12 | | promoting non-violent conflict resolution and positive |
13 | | interaction with other students and school personnel. A school |
14 | | district may employ a school social worker or a licensed |
15 | | mental health professional to oversee an in-school suspension |
16 | | program in kindergarten through grade 12. |
17 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; |
18 | | 102-813, 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 |
21 | | searches. |
22 | | (a) To expel pupils guilty of gross disobedience or |
23 | | misconduct, including gross disobedience or misconduct |
24 | | perpetuated by electronic means, pursuant to subsection (b-20) |
25 | | of this Section, and no action shall lie against them for such |
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1 | | expulsion. Expulsion shall take place only after the parents |
2 | | or guardians have been requested to appear at a meeting of the |
3 | | board, or with a hearing officer appointed by it, to discuss |
4 | | their child's behavior. Such request shall be made by |
5 | | registered or certified mail and shall state the time, place |
6 | | and purpose of the meeting. The board, or a hearing officer |
7 | | appointed by it, at such meeting shall state the reasons for |
8 | | dismissal and the date on which the expulsion is to become |
9 | | effective. If a hearing officer is appointed by the board, he |
10 | | shall report to the board a written summary of the evidence |
11 | | heard at the meeting and the board may take such action thereon |
12 | | as it finds appropriate. If the board acts to expel a pupil, |
13 | | the written expulsion decision shall detail the specific |
14 | | reasons why removing the pupil from the learning environment |
15 | | is in the best interest of the school. The expulsion decision |
16 | | shall also include a rationale as to the specific duration of |
17 | | the expulsion. An expelled pupil may be immediately |
18 | | transferred to an alternative program in the manner provided |
19 | | in Article 13A or 13B of this Code. A pupil must not be denied |
20 | | transfer because of the expulsion, except in cases in which |
21 | | such transfer is deemed to cause a threat to the safety of |
22 | | students or staff in the alternative program. |
23 | | (b) To suspend or by policy to authorize the |
24 | | superintendent of the district or the principal, assistant |
25 | | principal, or dean of students of any school to suspend pupils |
26 | | guilty of gross disobedience or misconduct, or to suspend |
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1 | | pupils guilty of gross disobedience or misconduct on the |
2 | | school bus from riding the school bus, pursuant to subsections |
3 | | (b-15) and (b-20) of this Section, and no action shall lie |
4 | | against them for such suspension. The board may by policy |
5 | | authorize the superintendent of the district or the principal, |
6 | | assistant principal, or dean of students of any school to |
7 | | suspend pupils guilty of such acts for a period not to exceed |
8 | | 10 school days. If a pupil is suspended due to gross |
9 | | disobedience or misconduct on a school bus, the board may |
10 | | suspend the pupil in excess of 10 school days for safety |
11 | | reasons. |
12 | | Any suspension shall be reported immediately to the |
13 | | parents or guardians of a pupil along with a full statement of |
14 | | the reasons for such suspension and a notice of their right to |
15 | | a review. The school board must be given a summary of the |
16 | | notice, including the reason for the suspension and the |
17 | | suspension length. Upon request of the parents or guardians, |
18 | | the school board or a hearing officer appointed by it shall |
19 | | review such action of the superintendent or principal, |
20 | | assistant principal, or dean of students. At such review, the |
21 | | parents or guardians of the pupil may appear and discuss the |
22 | | suspension with the board or its hearing officer. If a hearing |
23 | | officer is appointed by the board, he shall report to the board |
24 | | a written summary of the evidence heard at the meeting. After |
25 | | its hearing or upon receipt of the written report of its |
26 | | hearing officer, the board may take such action as it finds |
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1 | | appropriate. If a student is suspended pursuant to this |
2 | | subsection (b), the board shall, in the written suspension |
3 | | decision, detail the specific act of gross disobedience or |
4 | | misconduct resulting in the decision to suspend. The |
5 | | suspension decision shall also include a rationale as to the |
6 | | specific duration of the suspension. A pupil who is suspended |
7 | | in excess of 20 school days may be immediately transferred to |
8 | | an alternative program in the manner provided in Article 13A |
9 | | or 13B of this Code. A pupil must not be denied transfer |
10 | | because of the suspension, except in cases in which such |
11 | | transfer is deemed to cause a threat to the safety of students |
12 | | or staff in the alternative program. |
13 | | (b-5) Among the many possible disciplinary interventions |
14 | | and consequences available to school officials, school |
15 | | exclusions, such as out-of-school suspensions and expulsions, |
16 | | are the most serious. School officials shall limit the number |
17 | | and duration of expulsions and suspensions to the greatest |
18 | | extent practicable, and it is recommended that they use them |
19 | | only for legitimate educational purposes. To ensure that |
20 | | students are not excluded from school unnecessarily, it is |
21 | | recommended that school officials consider forms of |
22 | | non-exclusionary discipline prior to using out-of-school |
23 | | suspensions or expulsions. |
24 | | (b-10) Unless otherwise required by federal law or this |
25 | | Code, school boards may not institute zero-tolerance policies |
26 | | by which school administrators are required to suspend or |
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1 | | expel students for particular behaviors. |
2 | | (b-15) Out-of-school suspensions of 3 days or less may be |
3 | | used only if the student's continuing presence in school would |
4 | | pose a threat to school safety or a disruption to other |
5 | | students' learning opportunities. For purposes of this |
6 | | subsection (b-15), "threat to school safety or a disruption to |
7 | | other students' learning opportunities" shall be determined on |
8 | | a case-by-case basis by the school board or its designee. |
9 | | School officials shall make all reasonable efforts to resolve |
10 | | such threats, address such disruptions, and minimize the |
11 | | length of suspensions to the greatest extent practicable. |
12 | | (b-20) Unless otherwise required by this Code, |
13 | | out-of-school suspensions of longer than 3 days, expulsions, |
14 | | and disciplinary removals to alternative schools may be used |
15 | | only if other appropriate and available behavioral and |
16 | | disciplinary interventions have been exhausted and the |
17 | | student's continuing presence in school would either (i) pose |
18 | | a threat to the safety of other students, staff, or members of |
19 | | the school community or (ii) substantially disrupt, impede, or |
20 | | interfere with the operation of the school. For purposes of |
21 | | this subsection (b-20), "threat to the safety of other |
22 | | students, staff, or members of the school community" and |
23 | | "substantially disrupt, impede, or interfere with the |
24 | | operation of the school" shall be determined on a case-by-case |
25 | | basis by school officials. For purposes of this subsection |
26 | | (b-20), the determination of whether "appropriate and |
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1 | | available behavioral and disciplinary interventions have been |
2 | | exhausted" shall be made by school officials. School officials |
3 | | shall make all reasonable efforts to resolve such threats, |
4 | | address such disruptions, and minimize the length of student |
5 | | exclusions to the greatest extent practicable. Within the |
6 | | suspension decision described in subsection (b) of this |
7 | | Section or the expulsion decision described in subsection (a) |
8 | | of this Section, it shall be documented whether other |
9 | | interventions were attempted or whether it was determined that |
10 | | there were no other appropriate and available interventions. |
11 | | (b-25) Students who are suspended out-of-school for longer |
12 | | than 4 school days shall be provided appropriate and available |
13 | | support services during the period of their suspension. For |
14 | | purposes of this subsection (b-25), "appropriate and available |
15 | | support services" shall be determined by school authorities. |
16 | | Within the suspension decision described in subsection (b) of |
17 | | this Section, it shall be documented whether such services are |
18 | | to be provided or whether it was determined that there are no |
19 | | such appropriate and available services. |
20 | | A school district may refer students who are expelled to |
21 | | appropriate and available support services. |
22 | | A school district shall create a policy to facilitate the |
23 | | re-engagement of students who are suspended out-of-school, |
24 | | expelled, or returning from an alternative school setting. |
25 | | (b-30) A school district shall create a policy by which |
26 | | suspended pupils, including those pupils suspended from the |
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1 | | school bus who do not have alternate transportation to school, |
2 | | shall have the opportunity to make up work for equivalent |
3 | | academic credit. It shall be the responsibility of a pupil's |
4 | | parents or guardians to notify school officials that a pupil |
5 | | suspended from the school bus does not have alternate |
6 | | transportation to school. |
7 | | (b-35) In all suspension review hearings conducted under |
8 | | subsection (b) or expulsion hearings conducted under |
9 | | subsection (a), a student may disclose any factor to be |
10 | | considered in mitigation, including his or her status as a |
11 | | parent, expectant parent, or victim of domestic or sexual |
12 | | violence, as defined in Article 26A. A representative of the |
13 | | parent's or guardian's choice, or of the student's choice if |
14 | | emancipated, must be permitted to represent the student |
15 | | throughout the proceedings and to address the school board or |
16 | | its appointed hearing officer. With the approval of the |
17 | | student's parent or guardian, or of the student if |
18 | | emancipated, a support person must be permitted to accompany |
19 | | the student to any disciplinary hearings or proceedings. The |
20 | | representative or support person must comply with any rules of |
21 | | the school district's hearing process. If the representative |
22 | | or support person violates the rules or engages in behavior or |
23 | | advocacy that harasses, abuses, or intimidates either party, a |
24 | | witness, or anyone else in attendance at the hearing, the |
25 | | representative or support person may be prohibited from |
26 | | further participation in the hearing or proceeding. A |
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1 | | suspension or expulsion proceeding under this subsection |
2 | | (b-35) must be conducted independently from any ongoing |
3 | | criminal investigation or proceeding, and an absence of |
4 | | pending or possible criminal charges, criminal investigations, |
5 | | or proceedings may not be a factor in school disciplinary |
6 | | decisions. |
7 | | (b-40) During a suspension review hearing conducted under |
8 | | subsection (b) or an expulsion hearing conducted under |
9 | | subsection (a) that involves allegations of sexual violence by |
10 | | the student who is subject to discipline, neither the student |
11 | | nor his or her representative shall directly question nor have |
12 | | direct contact with the alleged victim. The student who is |
13 | | subject to discipline or his or her representative may, at the |
14 | | discretion and direction of the school board or its appointed |
15 | | hearing officer, suggest questions to be posed by the school |
16 | | board or its appointed hearing officer to the alleged victim. |
17 | | (c) A school board must invite a representative from a |
18 | | local mental health agency to consult with the board at the |
19 | | meeting whenever there is evidence that mental illness may be |
20 | | the cause of a student's expulsion or suspension. |
21 | | (c-5) School districts shall make reasonable efforts to |
22 | | provide ongoing professional development to teachers, |
23 | | administrators, school board members, school resource |
24 | | officers, and staff on the adverse consequences of school |
25 | | exclusion and justice-system involvement, effective classroom |
26 | | management strategies, culturally responsive discipline, the |
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1 | | appropriate and available supportive services for the |
2 | | promotion of student attendance and engagement, and |
3 | | developmentally appropriate disciplinary methods that promote |
4 | | positive and healthy school climates. |
5 | | (d) The board may expel a student for a definite period of |
6 | | time not to exceed 2 calendar years, as determined on a |
7 | | case-by-case basis. A student who is determined to have |
8 | | brought one of the following objects to school, any |
9 | | school-sponsored activity or event, or any activity or event |
10 | | that bears a reasonable relationship to school shall be |
11 | | expelled 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 |
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1 | | the superintendent, and the superintendent's determination |
2 | | may be modified by the board on a case-by-case basis. |
3 | | Expulsion or suspension shall be construed in a manner |
4 | | consistent with the federal Individuals with Disabilities |
5 | | Education Act. A student who is subject to suspension or |
6 | | expulsion as provided in this Section may be eligible for a |
7 | | transfer to an alternative school program in accordance with |
8 | | Article 13A of the School Code. |
9 | | (d-5) The board may suspend or by regulation authorize the |
10 | | superintendent of the district or the principal, assistant |
11 | | principal, or dean of students of any school to suspend a |
12 | | student for a period not to exceed 10 school days or may expel |
13 | | a student for a definite period of time not to exceed 2 |
14 | | calendar years, as determined on a case-by-case basis, if (i) |
15 | | that student has been determined to have made an explicit |
16 | | threat on an Internet website against a school employee, a |
17 | | student, or any school-related personnel, (ii) the Internet |
18 | | website through which the threat was made is a site that was |
19 | | accessible within the school at the time the threat was made or |
20 | | was available to third parties who worked or studied within |
21 | | the school grounds at the time the threat was made, and (iii) |
22 | | the threat could be reasonably interpreted as threatening to |
23 | | the safety and security of the threatened individual because |
24 | | of his or her duties or employment status or status as a |
25 | | student inside the school. |
26 | | (e) To maintain order and security in the schools, school |
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1 | | authorities may inspect and search places and areas such as |
2 | | lockers, desks, parking lots, and other school property and |
3 | | equipment owned or controlled by the school, as well as |
4 | | personal effects left in those places and areas by students, |
5 | | without notice to or the consent of the student, and without a |
6 | | search warrant. As a matter of public policy, the General |
7 | | Assembly finds that students have no reasonable expectation of |
8 | | privacy in these places and areas or in their personal effects |
9 | | left in these places and areas. School authorities may request |
10 | | the assistance of law enforcement officials for the purpose of |
11 | | conducting inspections and searches of lockers, desks, parking |
12 | | lots, and other school property and equipment owned or |
13 | | controlled by the school for illegal drugs, weapons, or other |
14 | | illegal or dangerous substances or materials, including |
15 | | searches conducted through the use of specially trained dogs. |
16 | | If a search conducted in accordance with this Section produces |
17 | | evidence that the student has violated or is violating either |
18 | | the law, local ordinance, or the school's policies or rules, |
19 | | such evidence may be seized by school authorities, and |
20 | | disciplinary action may be taken. School authorities may also |
21 | | turn over such evidence to law enforcement authorities. |
22 | | (f) Suspension or expulsion may include suspension or |
23 | | expulsion from school and all school activities and a |
24 | | prohibition from being present on school grounds. |
25 | | (g) A school district may adopt a policy providing that if |
26 | | a student is suspended or expelled for any reason from any |
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1 | | public or private school in this or any other state, the |
2 | | student must complete the entire term of the suspension or |
3 | | expulsion in an alternative school program under Article 13A |
4 | | of this Code or an alternative learning opportunities program |
5 | | under Article 13B of this Code before being admitted into the |
6 | | school district if there is no threat to the safety of students |
7 | | or staff in the alternative program. A school district that |
8 | | adopts a policy under this subsection (g) must include a |
9 | | provision allowing for consideration of any mitigating |
10 | | factors, including, but not limited to, a student's status as |
11 | | a parent, expectant parent, or victim of domestic or sexual |
12 | | violence, as defined in Article 26A. |
13 | | (h) School officials shall not advise or encourage |
14 | | students to drop out voluntarily due to behavioral or academic |
15 | | difficulties. |
16 | | (i) A student may not be issued a monetary fine or fee as a |
17 | | disciplinary consequence, though this shall not preclude |
18 | | requiring a student to provide restitution for lost, stolen, |
19 | | or damaged property. |
20 | | (j) Subsections (a) through (i) of this Section shall |
21 | | apply to elementary and secondary schools, charter schools, |
22 | | special charter districts, and school districts organized |
23 | | under Article 34 of this Code. |
24 | | (k) Through June 30, 2026, the The expulsion of children |
25 | | enrolled in programs funded under Section 1C-2 of this Code is |
26 | | subject to the requirements under paragraph (7) of subsection |
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1 | | (a) of Section 2-3.71 of this Code. |
2 | | (k-5) On and after July 1, 2026, the expulsion of children |
3 | | enrolled in programs funded under Section 15-25 is subject to |
4 | | the requirements of paragraph (7) of subsection (a) of Section |
5 | | 15-30 of the Department of Early Childhood Act. |
6 | | (l) Beginning with the 2018-2019 school year, an in-school |
7 | | suspension program provided by a school district for any |
8 | | students in kindergarten through grade 12 may focus on |
9 | | promoting non-violent conflict resolution and positive |
10 | | interaction with other students and school personnel. A school |
11 | | district may employ a school social worker or a licensed |
12 | | mental health professional to oversee an in-school suspension |
13 | | program in kindergarten through grade 12. |
14 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; |
15 | | 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) |
16 | | (105 ILCS 5/21B-50) |
17 | | |