Sen. Kimberly A. Lightford
Filed: 2/28/2024
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1 | ||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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). |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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). |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | Early Childhood, and beginning in fiscal year 2028, | ||||||
2 | the Department of Early Childhood shall make available | ||||||
3 | on a biennial basis, in a report, all of the following | ||||||
4 | data for children from birth to age 5 who are served by | ||||||
5 | the program: | ||||||
6 | (i) Total number served over the course of the | ||||||
7 | program year and the total number of children who | ||||||
8 | left the program during the program year. | ||||||
9 | (ii) Number of planned transitions to another | ||||||
10 | program due to children's behavior, by children's | ||||||
11 | race, gender, disability, language, class/group | ||||||
12 | size, teacher-child ratio, and length of program | ||||||
13 | day. | ||||||
14 | (iii) Number of temporary removals of a child | ||||||
15 | from attendance in group settings due to a serious | ||||||
16 | safety threat under subparagraph (E) of this | ||||||
17 | paragraph (7), by children's race, gender, | ||||||
18 | disability, language, class/group size, | ||||||
19 | teacher-child ratio, and length of program day. | ||||||
20 | (iv) Hours of infant and early childhood | ||||||
21 | mental health consultant contact with program | ||||||
22 | leaders, staff, and families over the program | ||||||
23 | year. | ||||||
24 | (H) Changes to services for children with an | ||||||
25 | individualized education program or individual family | ||||||
26 | service plan shall be construed in a manner consistent |
| |||||||
| |||||||
1 | with the federal Individuals with Disabilities | ||||||
2 | Education Act. | ||||||
3 | The Department of Early Childhood 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | Sec. 21B-50. Alternative Educator Licensure Program for | ||||||
18 | Teachers . | ||||||
19 | (a) There is established an alternative educator licensure | ||||||
20 | program, to be known as the Alternative Educator Licensure | ||||||
21 | Program for Teachers. | ||||||
22 | (b) The Alternative Educator Licensure Program for | ||||||
23 | Teachers may be offered by a recognized institution approved | ||||||
24 | to offer educator preparation programs by the State Board of | ||||||
25 | Education, in consultation with the State Educator Preparation |
| |||||||
| |||||||
1 | and Licensure Board. | ||||||
2 | The program shall be comprised of up to 3 phases: | ||||||
3 | (1) A course of study that at a minimum includes | ||||||
4 | instructional planning; instructional strategies, | ||||||
5 | including special education, reading, and English language | ||||||
6 | learning; classroom management; and the assessment of | ||||||
7 | students and use of data to drive instruction. | ||||||
8 | (2) A year of residency, which is a candidate's | ||||||
9 | assignment to a full-time teaching position or as a | ||||||
10 | co-teacher for one full school year. An individual must | ||||||
11 | hold an Educator License with Stipulations with an | ||||||
12 | alternative provisional educator endorsement in order to | ||||||
13 | enter the residency. In residency, the candidate must : be | ||||||
14 | assigned an effective, fully licensed teacher by the | ||||||
15 | principal or principal equivalent to act as a mentor and | ||||||
16 | coach the candidate through residency, complete additional | ||||||
17 | program requirements that address required State and | ||||||
18 | national standards, pass the State Board's teacher | ||||||
19 | performance assessment, if required under Section 21B-30, | ||||||
20 | and be recommended by the principal or qualified | ||||||
21 | equivalent of a principal, as required under subsection | ||||||
22 | (d) of this Section, and the program coordinator to be | ||||||
23 | recommended for full licensure or to continue with a | ||||||
24 | second year of the residency. | ||||||
25 | (3) (Blank). | ||||||
26 | (4) A comprehensive assessment of the candidate's |
| |||||||
| |||||||
1 | teaching effectiveness, as evaluated by the principal or | ||||||
2 | qualified equivalent of a principal, as required under | ||||||
3 | subsection (d) of this Section, and the program | ||||||
4 | coordinator, at the end of either the first or the second | ||||||
5 | year of residency. If there is disagreement between the 2 | ||||||
6 | evaluators about the candidate's teaching effectiveness at | ||||||
7 | the end of the first year of residency, a second year of | ||||||
8 | residency shall be required. If there is disagreement | ||||||
9 | between the 2 evaluators at the end of the second year of | ||||||
10 | residency, the candidate may complete one additional year | ||||||
11 | of residency teaching under a professional development | ||||||
12 | plan developed by the principal or qualified equivalent | ||||||
13 | and the preparation program. At the completion of the | ||||||
14 | third year, a candidate must have positive evaluations and | ||||||
15 | a recommendation for full licensure from both the | ||||||
16 | principal or qualified equivalent and the program | ||||||
17 | coordinator or no Professional Educator License shall be | ||||||
18 | issued. | ||||||
19 | Successful completion of the program shall be deemed to | ||||||
20 | satisfy any other practice or student teaching and content | ||||||
21 | matter requirements established by law. | ||||||
22 | (c) An alternative provisional educator endorsement on an | ||||||
23 | Educator License with Stipulations is valid for up to 2 years | ||||||
24 | of teaching in the public schools, including without | ||||||
25 | limitation a preschool educational program under Section | ||||||
26 | 2-3.71 of this Code or Section 15-30 of the Department of Early |
| |||||||
| |||||||
1 | Childhood Act or charter school, or in a State-recognized | ||||||
2 | nonpublic school in which the chief administrator is required | ||||||
3 | to have the licensure necessary to be a principal in a public | ||||||
4 | school in this State and in which a majority of the teachers | ||||||
5 | are required to have the licensure necessary to be instructors | ||||||
6 | in a public school in this State, but may be renewed for a | ||||||
7 | third year if needed to complete the Alternative Educator | ||||||
8 | Licensure Program for Teachers. The endorsement shall be | ||||||
9 | issued only once to an individual who meets all of the | ||||||
10 | following requirements: | ||||||
11 | (1) Has graduated from a regionally accredited college | ||||||
12 | or university with a bachelor's degree or higher. | ||||||
13 | (2) (Blank). | ||||||
14 | (3) Has completed a major in the content area if | ||||||
15 | seeking a middle or secondary level endorsement or, if | ||||||
16 | seeking an early childhood, elementary, or special | ||||||
17 | education endorsement, has completed a major in the | ||||||
18 | content area of early childhood reading, English/language | ||||||
19 | arts, mathematics, or one of the sciences. If the | ||||||
20 | individual does not have a major in a content area for any | ||||||
21 | level of teaching, he or she must submit transcripts to | ||||||
22 | the State Board of Education to be reviewed for | ||||||
23 | equivalency. | ||||||
24 | (4) Has successfully completed phase (1) of subsection | ||||||
25 | (b) of this Section. | ||||||
26 | (5) Has passed a content area test required for the |
| |||||||
| |||||||
1 | specific endorsement for admission into the program, as | ||||||
2 | required under Section 21B-30 of this Code. | ||||||
3 | A candidate possessing the alternative provisional | ||||||
4 | educator endorsement may receive a salary, benefits, and any | ||||||
5 | other terms of employment offered to teachers in the school | ||||||
6 | who are members of an exclusive bargaining representative, if | ||||||
7 | any, but a school is not required to provide these benefits | ||||||
8 | during the years of residency if the candidate is serving only | ||||||
9 | as a co-teacher. If the candidate is serving as the teacher of | ||||||
10 | record, the candidate must receive a salary, benefits, and any | ||||||
11 | other terms of employment. Residency experiences must not be | ||||||
12 | counted towards tenure. | ||||||
13 | (d) The recognized institution offering the Alternative | ||||||
14 | Educator Licensure Program for Teachers must partner with a | ||||||
15 | school district, including without limitation a preschool | ||||||
16 | educational program under Section 2-3.71 of this Code or | ||||||
17 | Section 15-30 of the Department of Early Childhood Act or | ||||||
18 | charter school, or a State-recognized, nonpublic school in | ||||||
19 | this State in which the chief administrator is required to | ||||||
20 | have the licensure necessary to be a principal in a public | ||||||
21 | school in this State and in which a majority of the teachers | ||||||
22 | are required to have the licensure necessary to be instructors | ||||||
23 | in a public school in this State. A recognized institution | ||||||
24 | that partners with a public school district administering a | ||||||
25 | preschool educational program under Section 2-3.71 of this | ||||||
26 | Code or Section 15-30 of the Department of Early Childhood Act |
| |||||||
| |||||||
1 | must require a principal to recommend or evaluate candidates | ||||||
2 | in the program. A recognized institution that partners with an | ||||||
3 | eligible entity administering a preschool educational program | ||||||
4 | under Section 2-3.71 of this Code or Section 15-30 of the | ||||||
5 | Department of Early Childhood Act and that is not a public | ||||||
6 | school district must require a principal or qualified | ||||||
7 | equivalent of a principal to recommend or evaluate candidates | ||||||
8 | in the program. The program presented for approval by the | ||||||
9 | State Board of Education must demonstrate the supports that | ||||||
10 | are to be provided to assist the provisional teacher during | ||||||
11 | the one-year 1-year or 2-year residency period and if the | ||||||
12 | residency period is to be less than 2 years in length, | ||||||
13 | assurances from the partner school districts to provide | ||||||
14 | intensive mentoring and supports through at least the end of | ||||||
15 | the second full year of teaching for educators who completed | ||||||
16 | the Alternative Educator Educators Licensure Program for | ||||||
17 | Teachers in less than 2 years. These supports must, at a | ||||||
18 | minimum, provide additional contact hours with mentors during | ||||||
19 | the first year of residency. | ||||||
20 | (e) Upon completion of phases under paragraphs (1), (2), | ||||||
21 | (4), and, if needed, (3) in subsection (b) of this Section and | ||||||
22 | all assessments required under Section 21B-30 of this Code, an | ||||||
23 | individual shall receive a Professional Educator License. | ||||||
24 | (f) The State Board of Education, in consultation with the | ||||||
25 | State Educator Preparation and Licensure Board, may adopt such | ||||||
26 | rules as may be necessary to establish and implement the |
| |||||||
| |||||||
1 | Alternative Educator Licensure Program for Teachers. | ||||||
2 | (Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23; | ||||||
3 | revised 9-1-23.) | ||||||
4 | (105 ILCS 5/22-45) | ||||||
5 | Sec. 22-45. Illinois P-20 Council. | ||||||
6 | (a) The General Assembly finds that preparing Illinoisans | ||||||
7 | for success in school and the workplace requires a continuum | ||||||
8 | of quality education from preschool through graduate school. | ||||||
9 | This State needs a framework to guide education policy and | ||||||
10 | integrate education at every level. A statewide coordinating | ||||||
11 | council to study and make recommendations concerning education | ||||||
12 | at all levels can avoid fragmentation of policies, promote | ||||||
13 | improved teaching and learning, and continue to cultivate and | ||||||
14 | demonstrate strong accountability and efficiency. Establishing | ||||||
15 | an Illinois P-20 Council will develop a statewide agenda that | ||||||
16 | will move the State towards the common goals of improving | ||||||
17 | academic achievement, increasing college access and success, | ||||||
18 | improving use of existing data and measurements, developing | ||||||
19 | improved accountability, fostering innovative approaches to | ||||||
20 | education, promoting lifelong learning, easing the transition | ||||||
21 | to college, and reducing remediation. A pre-kindergarten | ||||||
22 | through grade 20 agenda will strengthen this State's economic | ||||||
23 | competitiveness by producing a highly-skilled workforce. In | ||||||
24 | addition, lifelong learning plans will enhance this State's | ||||||
25 | ability to leverage funding. |
| |||||||
| |||||||
1 | (b) There is created the Illinois P-20 Council. The | ||||||
2 | Illinois P-20 Council shall include all of the following | ||||||
3 | members: | ||||||
4 | (1) The Governor or his or her designee, to serve as | ||||||
5 | chairperson. | ||||||
6 | (2) Four members of the General Assembly, one | ||||||
7 | appointed by the Speaker of the House of Representatives, | ||||||
8 | one appointed by the Minority Leader of the House of | ||||||
9 | Representatives, one appointed by the President of the | ||||||
10 | Senate, and one appointed by the Minority Leader of the | ||||||
11 | Senate. | ||||||
12 | (3) Six at-large members appointed by the Governor as | ||||||
13 | follows, with 2 members being from the City of Chicago, 2 | ||||||
14 | members being from Lake County, McHenry County, Kane | ||||||
15 | County, DuPage County, Will County, or that part of Cook | ||||||
16 | County outside of the City of Chicago, and 2 members being | ||||||
17 | from the remainder of the State: | ||||||
18 | (A) one representative of civic leaders; | ||||||
19 | (B) one representative of local government; | ||||||
20 | (C) one representative of trade unions; | ||||||
21 | (D) one representative of nonprofit organizations | ||||||
22 | or foundations; | ||||||
23 | (E) one representative of parents' organizations; | ||||||
24 | and | ||||||
25 | (F) one education research expert. | ||||||
26 | (4) Five members appointed by statewide business |
| |||||||
| |||||||
1 | organizations and business trade associations. | ||||||
2 | (5) Six members appointed by statewide professional | ||||||
3 | organizations and associations representing | ||||||
4 | pre-kindergarten through grade 20 teachers, community | ||||||
5 | college faculty, and public university faculty. | ||||||
6 | (6) Two members appointed by associations representing | ||||||
7 | local school administrators and school board members. One | ||||||
8 | of these members must be a special education | ||||||
9 | administrator. | ||||||
10 | (7) One member representing community colleges, | ||||||
11 | appointed by the Illinois Council of Community College | ||||||
12 | Presidents. | ||||||
13 | (8) One member representing 4-year independent | ||||||
14 | colleges and universities, appointed by a statewide | ||||||
15 | organization representing private institutions of higher | ||||||
16 | learning. | ||||||
17 | (9) One member representing public 4-year | ||||||
18 | universities, appointed jointly by the university | ||||||
19 | presidents and chancellors. | ||||||
20 | (10) Ex-officio members as follows: | ||||||
21 | (A) The State Superintendent of Education or his | ||||||
22 | or her designee. | ||||||
23 | (A-5) The Secretary of Early Childhood or the | ||||||
24 | Secretary's designee. | ||||||
25 | (B) The Executive Director of the Board of Higher | ||||||
26 | Education or his or her designee. |
| |||||||
| |||||||
1 | (C) The Executive Director of the Illinois | ||||||
2 | Community College Board or his or her designee. | ||||||
3 | (D) The Executive Director of the Illinois Student | ||||||
4 | Assistance Commission or his or her designee. | ||||||
5 | (E) The Co-chairpersons of the Illinois Workforce | ||||||
6 | Investment Board or their designee. | ||||||
7 | (F) The Director of Commerce and Economic | ||||||
8 | Opportunity or his or her designee. | ||||||
9 | (G) The Chairperson of the Illinois Early Learning | ||||||
10 | Council or his or her designee. | ||||||
11 | (H) The President of the Illinois Mathematics and | ||||||
12 | Science Academy or his or her designee. | ||||||
13 | (I) The president of an association representing | ||||||
14 | educators of adult learners or his or her designee. | ||||||
15 | Ex-officio members shall have no vote on the Illinois P-20 | ||||||
16 | Council. | ||||||
17 | Appointed members shall serve for staggered terms expiring | ||||||
18 | on July 1 of the first, second, or third calendar year | ||||||
19 | following their appointments or until their successors are | ||||||
20 | appointed and have qualified. Staggered terms shall be | ||||||
21 | determined by lot at the organizing meeting of the Illinois | ||||||
22 | P-20 Council. | ||||||
23 | Vacancies shall be filled in the same manner as original | ||||||
24 | appointments, and any member so appointed shall serve during | ||||||
25 | the remainder of the term for which the vacancy occurred. | ||||||
26 | (c) The Illinois P-20 Council shall be funded through |
| |||||||
| |||||||
1 | State appropriations to support staff activities, research, | ||||||
2 | data-collection, and dissemination. The Illinois P-20 Council | ||||||
3 | shall be staffed by the Office of the Governor, in | ||||||
4 | coordination with relevant State agencies, boards, and | ||||||
5 | commissions. The Illinois Education Research Council shall | ||||||
6 | provide research and coordinate research collection activities | ||||||
7 | for the Illinois P-20 Council. | ||||||
8 | (d) The Illinois P-20 Council shall have all of the | ||||||
9 | following duties: | ||||||
10 | (1) To make recommendations to do all of the | ||||||
11 | following: | ||||||
12 | (A) Coordinate pre-kindergarten through grade 20 | ||||||
13 | (graduate school) education in this State through | ||||||
14 | working at the intersections of educational systems to | ||||||
15 | promote collaborative infrastructure. | ||||||
16 | (B) Coordinate and leverage strategies, actions, | ||||||
17 | legislation, policies, and resources of all | ||||||
18 | stakeholders to support fundamental and lasting | ||||||
19 | improvement in this State's public schools, community | ||||||
20 | colleges, and universities. | ||||||
21 | (C) Better align the high school curriculum with | ||||||
22 | postsecondary expectations. | ||||||
23 | (D) Better align assessments across all levels of | ||||||
24 | education. | ||||||
25 | (E) Reduce the need for students entering | ||||||
26 | institutions of higher education to take remedial |
| |||||||
| |||||||
1 | courses. | ||||||
2 | (F) Smooth the transition from high school to | ||||||
3 | college. | ||||||
4 | (G) Improve high school and college graduation | ||||||
5 | rates. | ||||||
6 | (H) Improve the rigor and relevance of academic | ||||||
7 | standards for college and workforce readiness. | ||||||
8 | (I) Better align college and university teaching | ||||||
9 | programs with the needs of Illinois schools. | ||||||
10 | (2) To advise the Governor, the General Assembly, the | ||||||
11 | State's education and higher education agencies, and the | ||||||
12 | State's workforce and economic development boards and | ||||||
13 | agencies on policies related to lifelong learning for | ||||||
14 | Illinois students and families. | ||||||
15 | (3) To articulate a framework for systemic educational | ||||||
16 | improvement and innovation that will enable every student | ||||||
17 | to meet or exceed Illinois learning standards and be | ||||||
18 | well-prepared to succeed in the workforce and community. | ||||||
19 | (4) To provide an estimated fiscal impact for | ||||||
20 | implementation of all Council recommendations. | ||||||
21 | (5) To make recommendations for short-term and | ||||||
22 | long-term learning recovery actions for public school | ||||||
23 | students in this State in the wake of the COVID-19 | ||||||
24 | pandemic. The Illinois P-20 Council shall submit a report | ||||||
25 | with its recommendations for a multi-year recovery plan by | ||||||
26 | December 31, 2021 to the Governor, the State Board of |
| |||||||
| |||||||
1 | Education, the Board of Higher Education, the Illinois | ||||||
2 | Community College Board, and the General Assembly that | ||||||
3 | addresses all of the following: | ||||||
4 | (A) Closing the digital divide for all students, | ||||||
5 | including access to devices, Internet connectivity, | ||||||
6 | and ensuring that educators have the necessary support | ||||||
7 | and training to provide high quality remote and | ||||||
8 | blended learning to students. | ||||||
9 | (B) Evaluating the academic growth and proficiency | ||||||
10 | of students in order to understand the impact of | ||||||
11 | school closures and remote and blended remote learning | ||||||
12 | conditions on student academic outcomes, including | ||||||
13 | disaggregating data by race, income, diverse learners, | ||||||
14 | and English learners, in ways that balance the need to | ||||||
15 | understand that impact with the need to support | ||||||
16 | student well-being and also take into consideration | ||||||
17 | the logistical constraints facing schools and | ||||||
18 | districts. | ||||||
19 | (C) Establishing a system for the collection and | ||||||
20 | review of student data at the State level, including | ||||||
21 | data about prekindergarten through higher education | ||||||
22 | student attendance, engagement and participation, | ||||||
23 | discipline, and social-emotional and mental health | ||||||
24 | inputs and outcomes, in order to better understand the | ||||||
25 | full impact of disrupted learning. | ||||||
26 | (D) Providing students with resources and programs |
| |||||||
| |||||||
1 | for academic support, such as enrichment | ||||||
2 | opportunities, tutoring corps, summer bridge programs, | ||||||
3 | youth leadership and development programs, youth and | ||||||
4 | community-led restorative and transformative justice | ||||||
5 | programs, and youth internship and apprenticeship | ||||||
6 | programs. | ||||||
7 | (E) Providing students with resources and support | ||||||
8 | to ensure access to social-emotional learning, mental | ||||||
9 | health services, and trauma responsive, restorative | ||||||
10 | justice and anti-racist practices in order to support | ||||||
11 | the growth of the whole child, such as investing in | ||||||
12 | community schools and providing comprehensive | ||||||
13 | year-round services and support for both students and | ||||||
14 | their families. | ||||||
15 | (F) Ensuring more time for students' academic, | ||||||
16 | social-emotional, and mental health needs by | ||||||
17 | considering such strategies as: (i) extending planning | ||||||
18 | time for teachers, (ii) extending the school day and | ||||||
19 | school year, and (iii) transitioning to year-round | ||||||
20 | schooling. | ||||||
21 | (G) Strengthening the transition from secondary | ||||||
22 | education to postsecondary education in the wake of | ||||||
23 | threats to alignment and affordability created by the | ||||||
24 | pandemic and related conditions. | ||||||
25 | (e) The chairperson of the Illinois P-20 Council may | ||||||
26 | authorize the creation of working groups focusing on areas of |
| |||||||
| |||||||
1 | interest to Illinois educational and workforce development, | ||||||
2 | including without limitation the following areas: | ||||||
3 | (1) Preparation, recruitment, and certification of | ||||||
4 | highly qualified teachers. | ||||||
5 | (2) Mentoring and induction of highly qualified | ||||||
6 | teachers. | ||||||
7 | (3) The diversity of highly qualified teachers. | ||||||
8 | (4) Funding for highly qualified teachers, including | ||||||
9 | developing a strategic and collaborative plan to seek | ||||||
10 | federal and private grants to support initiatives | ||||||
11 | targeting teacher preparation and its impact on student | ||||||
12 | achievement. | ||||||
13 | (5) Highly effective administrators. | ||||||
14 | (6) Illinois birth through age 3 education, | ||||||
15 | pre-kindergarten, and early childhood education. | ||||||
16 | (7) The assessment, alignment, outreach, and network | ||||||
17 | of college and workforce readiness efforts. | ||||||
18 | (8) Alternative routes to college access. | ||||||
19 | (9) Research data and accountability. | ||||||
20 | (10) Community schools, community participation, and | ||||||
21 | other innovative approaches to education that foster | ||||||
22 | community partnerships. | ||||||
23 | (11) Tuition, financial aid, and other issues related | ||||||
24 | to keeping postsecondary education affordable for Illinois | ||||||
25 | residents. | ||||||
26 | (12) Learning recovery in the wake of the COVID-19 |
| |||||||
| |||||||
1 | pandemic. | ||||||
2 | The chairperson of the Illinois P-20 Council may designate | ||||||
3 | Council members to serve as working group chairpersons. | ||||||
4 | Working groups may invite organizations and individuals | ||||||
5 | representing pre-kindergarten through grade 20 interests to | ||||||
6 | participate in discussions, data collection, and | ||||||
7 | dissemination. | ||||||
8 | (Source: P.A. 101-654, eff. 3-8-21.) | ||||||
9 | (105 ILCS 5/26-19) | ||||||
10 | Sec. 26-19. Chronic absenteeism in preschool children. | ||||||
11 | (a) In this Section, "chronic absence" has the meaning | ||||||
12 | ascribed to that term in Section 26-18 of this Code. | ||||||
13 | (b) The General Assembly makes all of the following | ||||||
14 | findings: | ||||||
15 | (1) The early years are an extremely important period | ||||||
16 | in a child's learning and development. | ||||||
17 | (2) Missed learning opportunities in the early years | ||||||
18 | make it difficult for a child to enter kindergarten ready | ||||||
19 | for success. | ||||||
20 | (3) Attendance patterns in the early years serve as | ||||||
21 | predictors of chronic absenteeism and reduced educational | ||||||
22 | outcomes in later school years. Therefore, it is crucial | ||||||
23 | that the implications of chronic absence be understood and | ||||||
24 | reviewed regularly under the Preschool for All Program and | ||||||
25 | Preschool for All Expansion Program under Section 2-3.71 |
| |||||||
| |||||||
1 | of this Code. | ||||||
2 | (c) The Preschool for All Program and Preschool for All | ||||||
3 | Expansion Program under Section 2-3.71 of this Code shall | ||||||
4 | collect and review its chronic absence data and determine what | ||||||
5 | support and resources are needed to positively engage | ||||||
6 | chronically absent students and their families to encourage | ||||||
7 | the habit of daily attendance and promote success. | ||||||
8 | (d) The Preschool for All Program and Preschool for All | ||||||
9 | Expansion Program under Section 2-3.71 of this Code are | ||||||
10 | encouraged to do all of the following: | ||||||
11 | (1) Provide support to students who are at risk of | ||||||
12 | reaching or exceeding chronic absence levels. | ||||||
13 | (2) Make resources available to families, such as | ||||||
14 | those available through the State Board of Education's | ||||||
15 | Family Engagement Framework, to support and encourage | ||||||
16 | families to ensure their children's daily program | ||||||
17 | attendance. | ||||||
18 | (3) Include information about chronic absenteeism as | ||||||
19 | part of their preschool to kindergarten transition | ||||||
20 | resources. | ||||||
21 | (e) On or before July 1, 2020, and annually thereafter, | ||||||
22 | the Preschool for All Program and Preschool for All Expansion | ||||||
23 | Program shall report all data collected under subsection (c) | ||||||
24 | of this Section to the State Board of Education, which shall | ||||||
25 | make the report publicly available via the Illinois Early | ||||||
26 | Childhood Asset Map Internet website and the Preschool for All |
| |||||||
| |||||||
1 | Program or Preschool for All Expansion Program triennial | ||||||
2 | report. | ||||||
3 | (f) This Section is repealed on July 1, 2026. | ||||||
4 | (Source: P.A. 102-539, eff. 8-20-21.) | ||||||
5 | Section 90-35. The School Construction Law is amended by | ||||||
6 | changing Section 5-300 as follows: | ||||||
7 | (105 ILCS 230/5-300) | ||||||
8 | Sec. 5-300. Early childhood construction grants. | ||||||
9 | (a) The Capital Development Board is authorized to make | ||||||
10 | grants to public school districts and not-for-profit entities | ||||||
11 | for early childhood construction projects, except that in | ||||||
12 | fiscal year 2024 those grants may be made only to public school | ||||||
13 | districts. These grants shall be paid out of moneys | ||||||
14 | appropriated for that purpose from the School Construction | ||||||
15 | Fund, the Build Illinois Bond Fund, or the Rebuild Illinois | ||||||
16 | Projects Fund. No grants may be awarded to entities providing | ||||||
17 | services within private residences. A public school district | ||||||
18 | or other eligible entity must provide local matching funds in | ||||||
19 | the following manner: | ||||||
20 | (1) A public school district assigned to Tier 1 under | ||||||
21 | Section 18-8.15 of the School Code or any other eligible | ||||||
22 | entity in an area encompassed by that district must | ||||||
23 | provide local matching funds in an amount equal to 3% of | ||||||
24 | the grant awarded under this Section. |
| |||||||
| |||||||
1 | (2) A public school district assigned to Tier 2 under | ||||||
2 | Section 18-8.15 of the School Code or any other eligible | ||||||
3 | entity in an area encompassed by that district must | ||||||
4 | provide local matching funds in an amount equal to 7.5% of | ||||||
5 | the grant awarded under this Section. | ||||||
6 | (3) A public school district assigned to Tier 3 under | ||||||
7 | Section 18-8.15 of the School Code or any other eligible | ||||||
8 | entity in an area encompassed by that district must | ||||||
9 | provide local matching funds in an amount equal to 8.75% | ||||||
10 | of the grant awarded under this Section. | ||||||
11 | (4) A public school district assigned to Tier 4 under | ||||||
12 | Section 18-8.15 of the School Code or any other eligible | ||||||
13 | entity in an area encompassed by that district must | ||||||
14 | provide local matching funds in an amount equal to 10% of | ||||||
15 | the grant awarded under this Section. | ||||||
16 | A public school district or other eligible entity has no | ||||||
17 | entitlement to a grant under this Section. | ||||||
18 | (b) The Capital Development Board shall adopt rules to | ||||||
19 | implement this Section. These rules need not be the same as the | ||||||
20 | rules for school construction project grants or school | ||||||
21 | maintenance project grants. The rules may specify: | ||||||
22 | (1) the manner of applying for grants; | ||||||
23 | (2) project eligibility requirements; | ||||||
24 | (3) restrictions on the use of grant moneys; | ||||||
25 | (4) the manner in which school districts and other | ||||||
26 | eligible entities must account for the use of grant |
| |||||||
| |||||||
1 | moneys; | ||||||
2 | (5) requirements that new or improved facilities be | ||||||
3 | used for early childhood and other related programs for a | ||||||
4 | period of at least 10 years; and | ||||||
5 | (6) any other provision that the Capital Development | ||||||
6 | Board determines to be necessary or useful for the | ||||||
7 | administration of this Section. | ||||||
8 | (b-5) When grants are made to non-profit corporations for | ||||||
9 | the acquisition or construction of new facilities, the Capital | ||||||
10 | Development Board or any State agency it so designates shall | ||||||
11 | hold title to or place a lien on the facility for a period of | ||||||
12 | 10 years after the date of the grant award, after which title | ||||||
13 | to the facility shall be transferred to the non-profit | ||||||
14 | corporation or the lien shall be removed, provided that the | ||||||
15 | non-profit corporation has complied with the terms of its | ||||||
16 | grant agreement. When grants are made to non-profit | ||||||
17 | corporations for the purpose of renovation or rehabilitation, | ||||||
18 | if the non-profit corporation does not comply with item (5) of | ||||||
19 | subsection (b) of this Section, the Capital Development Board | ||||||
20 | or any State agency it so designates shall recover the grant | ||||||
21 | pursuant to the procedures outlined in the Illinois Grant | ||||||
22 | Funds Recovery Act. | ||||||
23 | (c) The Capital Development Board, in consultation with | ||||||
24 | the State Board of Education, shall establish standards for | ||||||
25 | the determination of priority needs concerning early childhood | ||||||
26 | projects based on projects located in communities in the State |
| |||||||
| |||||||
1 | with the greatest underserved population of young children, | ||||||
2 | utilizing Census data and other reliable local early childhood | ||||||
3 | service data. | ||||||
4 | (d) In each school year in which early childhood | ||||||
5 | construction project grants are awarded, 20% of the total | ||||||
6 | amount awarded shall be awarded to a school district with a | ||||||
7 | population of more than 500,000, provided that the school | ||||||
8 | district complies with the requirements of this Section and | ||||||
9 | the rules adopted under this Section. | ||||||
10 | (e) This Section is repealed on July 1, 2026. | ||||||
11 | (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.) | ||||||
12 | Section 90-40. The Early Childhood Access Consortium for | ||||||
13 | Equity Act is amended by changing Sections 25 and 35 as | ||||||
14 | follows: | ||||||
15 | (110 ILCS 28/25) | ||||||
16 | Sec. 25. Advisory committee; membership. | ||||||
17 | (a) The Board of Higher Education, the Illinois Community | ||||||
18 | College Board, the State Board of Education, the Department of | ||||||
19 | Human Services, and the Department of Early Childhood | ||||||
20 | Governor's Office of Early Childhood Development shall jointly | ||||||
21 | convene a Consortium advisory committee to provide guidance on | ||||||
22 | the operation of the Consortium. | ||||||
23 | (b) Membership on the advisory committee shall be | ||||||
24 | comprised of employers and experts appointed by the Board of |
| |||||||
| |||||||
1 | Higher Education, the Illinois Community College Board, the | ||||||
2 | Department of Early Childhood, the Department of Human | ||||||
3 | Services Governor's Office of Early Childhood Development , and | ||||||
4 | the State Board of Education. Membership shall also include | ||||||
5 | all of the following members: | ||||||
6 | (1) An employer from a community-based child care | ||||||
7 | provider, appointed by the Department of Human Services | ||||||
8 | Governor's Office of Early Childhood Development . | ||||||
9 | (2) An employer from a for-profit child care provider, | ||||||
10 | appointed by the Department of Human Services Governor's | ||||||
11 | Office of Early Childhood Development . | ||||||
12 | (3) An employer from a nonprofit child care provider, | ||||||
13 | appointed by the Department of Human Services Governor's | ||||||
14 | Office of Early Childhood Development . | ||||||
15 | (4) A provider of family child care, appointed by the | ||||||
16 | Department of Human Services Governor's Office of Early | ||||||
17 | Childhood Development . | ||||||
18 | (5) An employer located in southern Illinois, | ||||||
19 | appointed by the Department of Early Childhood Governor's | ||||||
20 | Office of Early Childhood Development . | ||||||
21 | (6) An employer located in central Illinois, appointed | ||||||
22 | by the Department of Early Childhood Governor's Office of | ||||||
23 | Early Childhood Development . | ||||||
24 | (7) At least one member who represents an urban school | ||||||
25 | district, appointed by the State Board of Education. | ||||||
26 | (8) At least one member who represents a suburban |
| |||||||
| |||||||
1 | school district, appointed by the State Board of | ||||||
2 | Education. | ||||||
3 | (9) At least one member who represents a rural school | ||||||
4 | district, appointed by the State Board of Education. | ||||||
5 | (10) At least one member who represents a school | ||||||
6 | district in a city with a population of 500,000 or more, | ||||||
7 | appointed by the State Board of Education. | ||||||
8 | (11) Two early childhood advocates with statewide | ||||||
9 | expertise in early childhood workforce issues, appointed | ||||||
10 | by the Department of Early Childhood Governor's Office of | ||||||
11 | Early Childhood Development . | ||||||
12 | (12) The Chairperson or Vice-Chairperson and the | ||||||
13 | Minority Spokesperson or a designee of the Senate | ||||||
14 | Committee on Higher Education. | ||||||
15 | (13) The Chairperson or Vice-Chairperson and the | ||||||
16 | Minority Spokesperson or a designee of the House Committee | ||||||
17 | on Higher Education. | ||||||
18 | (14) One member representing the Illinois Community | ||||||
19 | College Board, who shall serve as co-chairperson, | ||||||
20 | appointed by the Illinois Community College Board. | ||||||
21 | (15) One member representing the Board of Higher | ||||||
22 | Education, who shall serve as co-chairperson, appointed by | ||||||
23 | the Board of Higher Education. | ||||||
24 | (16) One member representing the Illinois Student | ||||||
25 | Assistance Commission, appointed by the Board of Higher | ||||||
26 | Education. |
| |||||||
| |||||||
1 | (17) One member representing the State Board of | ||||||
2 | Education, who shall serve as co-chairperson, appointed by | ||||||
3 | the State Board of Education. | ||||||
4 | (18) One member representing the Department of Early | ||||||
5 | Childhood Governor's Office of Early Childhood | ||||||
6 | Development , who shall serve as co-chairperson, appointed | ||||||
7 | by the Department of Early Childhood Governor's Office of | ||||||
8 | Early Childhood Development . | ||||||
9 | (19) One member representing the Department of Human | ||||||
10 | Services, who shall serve as co-chairperson, appointed by | ||||||
11 | the Department of Human Services Governor's Office of | ||||||
12 | Early Childhood Development . | ||||||
13 | (20) One member representing INCCRRA, appointed by the | ||||||
14 | Department of Early Childhood Governor's Office of Early | ||||||
15 | Childhood Development . | ||||||
16 | (21) One member representing the Department of | ||||||
17 | Children and Family Services, appointed by the Department | ||||||
18 | of Children and Family Services Governor's Office of Early | ||||||
19 | Childhood Development . | ||||||
20 | (22) One member representing an organization that | ||||||
21 | advocates on behalf of community college trustees, | ||||||
22 | appointed by the Illinois Community College Board. | ||||||
23 | (23) One member of a union representing child care and | ||||||
24 | early childhood providers, appointed by the Department of | ||||||
25 | Human Services Governor's Office of Early Childhood | ||||||
26 | Development . |
| |||||||
| |||||||
1 | (24) Two members of unions representing higher | ||||||
2 | education faculty, appointed by the Board of Higher | ||||||
3 | Education. | ||||||
4 | (25) A representative from the College of Education of | ||||||
5 | an urban public university, appointed by the Board of | ||||||
6 | Higher Education. | ||||||
7 | (26) A representative from the College of Education of | ||||||
8 | a suburban public university, appointed by the Board of | ||||||
9 | Higher Education. | ||||||
10 | (27) A representative from the College of Education of | ||||||
11 | a rural public university, appointed by the Board of | ||||||
12 | Higher Education. | ||||||
13 | (28) A representative from the College of Education of | ||||||
14 | a private university, appointed by the Board of Higher | ||||||
15 | Education. | ||||||
16 | (29) A representative of an urban community college, | ||||||
17 | appointed by the Illinois Community College Board. | ||||||
18 | (30) A representative of a suburban community college, | ||||||
19 | appointed by the Illinois Community College Board. | ||||||
20 | (31) A representative of rural community college, | ||||||
21 | appointed by the Illinois Community College Board. | ||||||
22 | (c) The advisory committee shall meet quarterly. The | ||||||
23 | committee meetings shall be open to the public in accordance | ||||||
24 | with the provisions of the Open Meetings Act. | ||||||
25 | (Source: P.A. 102-174, eff. 7-28-21.) |
| |||||||
| |||||||
1 | (110 ILCS 28/35) | ||||||
2 | Sec. 35. Goals and metrics. | ||||||
3 | (a) By July 1, 2021 or within 60 days after the effective | ||||||
4 | date of this amendatory Act of the 102nd General Assembly, the | ||||||
5 | Board of Higher Education's Strategic Plan Educator Workforce | ||||||
6 | subgroup on the early childhood workforce must set goals for | ||||||
7 | the Consortium for the enrollment, persistence, and completion | ||||||
8 | of members of the incumbent workforce in associate, | ||||||
9 | bachelor's, and master's degree programs, Gateways Credentials | ||||||
10 | in Level 2, 3, or 4, and Professional Educator Licensure by | ||||||
11 | September 30, 2024. The goals set for the Consortium must be | ||||||
12 | data informed and include targets for annual enrollment and | ||||||
13 | persistence. | ||||||
14 | (b) Data from the Gateways Registry, March 2020, indicates | ||||||
15 | that there are 7,670 individuals with an associate degree who | ||||||
16 | would benefit from progressing to a baccalaureate degree and | ||||||
17 | 20,467 individuals with a high school diploma or some college | ||||||
18 | who would benefit from progressing to an associate degree. If | ||||||
19 | the goals cannot be set in accordance with subsection (a), the | ||||||
20 | goal for the Consortium shall be that by September 30, 2024, | ||||||
21 | 20% of the individuals described in this subsection (b) who do | ||||||
22 | not have a degree will have enrolled and be persisting toward | ||||||
23 | or have attained a Gateways Credential in Level 2, 3, or 4 or | ||||||
24 | an associate degree and, of the individuals who have an | ||||||
25 | associate degree, will be enrolled and persisting toward or | ||||||
26 | have attained a baccalaureate degree or will be persisting |
| |||||||
| |||||||
1 | toward or have attained a Professional Educator License. | ||||||
2 | (c) Student financial aid, including incentives and | ||||||
3 | stipends, data-sharing, and professional statewide engagement | ||||||
4 | and marketing campaign and recruitment efforts are critical to | ||||||
5 | the Consortium's ability to quickly attract and enroll | ||||||
6 | students into these programs. Navigators, mentors, and | ||||||
7 | advisors are critical for persistence and completion. If | ||||||
8 | federal funds are not appropriated for these purposes and the | ||||||
9 | other purposes of this Section, the Board of Higher Education, | ||||||
10 | the Illinois Community College Board, the State Board of | ||||||
11 | Education, the Department of Human Services, and the | ||||||
12 | Department of Early Childhood Governor's Office of Early | ||||||
13 | Childhood Development , in consultation with the advisory | ||||||
14 | committee, shall adjust the initial target metrics | ||||||
15 | appropriately by adopting challenging goals that may be | ||||||
16 | attainable with less public investment. | ||||||
17 | (d) The Board of Higher Education, the Illinois Community | ||||||
18 | College Board, the State Board of Education, the Department of | ||||||
19 | Human Services, and the Department of Early Childhood | ||||||
20 | Governor's Office of Early Childhood Development , in | ||||||
21 | consultation with the advisory committee, shall determine new | ||||||
22 | metrics and goals for the Consortium as they relate to the | ||||||
23 | remaining and future early childhood workforce, to be | ||||||
24 | instituted after the close of the 2024-2025 academic year and | ||||||
25 | going forward. Metrics must take into consideration that the | ||||||
26 | pipeline depends on sustained, increased student enrollment |
| |||||||
| |||||||
1 | and completion rates at the associate degree level if this | ||||||
2 | State aims to continue with sustained, increased student | ||||||
3 | enrollment and completion at the bachelor's degree level. | ||||||
4 | (Source: P.A. 102-174, eff. 7-28-21.) | ||||||
5 | Section 90-45. The Illinois Public Aid Code is amended by | ||||||
6 | changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as | ||||||
7 | follows: | ||||||
8 | (305 ILCS 5/2-12) (from Ch. 23, par. 2-12) | ||||||
9 | Sec. 2-12. "Illinois Department"; "Department". In this | ||||||
10 | Code, "Illinois Department" or "Department", when a particular | ||||||
11 | entity is not specified, means the following: | ||||||
12 | (1) In the case of a function performed before July 1, 1997 | ||||||
13 | (the effective date of the Department of Human Services Act), | ||||||
14 | the term means the Department of Public Aid. | ||||||
15 | (2) Except as provided in paragraph (2.5), in In the case | ||||||
16 | of a function to be performed on or after July 1, 1997 under | ||||||
17 | Article III, IV, VI, IX, or IXA, the term means the Department | ||||||
18 | of Human Services as successor to the Illinois Department of | ||||||
19 | Public Aid. | ||||||
20 | (2.5) In the case of a function to be performed on or after | ||||||
21 | July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means | ||||||
22 | the Department of Early Childhood. | ||||||
23 | (3) In the case of a function to be performed on or after | ||||||
24 | July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, |
| |||||||
| |||||||
1 | or XV, the term means the Department of Healthcare and Family | ||||||
2 | Services (formerly Illinois Department of Public Aid). | ||||||
3 | (4) In the case of a function to be performed on or after | ||||||
4 | July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the | ||||||
5 | term means the Department of Human Services (acting as | ||||||
6 | successor to the Illinois Department of Public Aid) or the | ||||||
7 | Department of Healthcare and Family Services (formerly | ||||||
8 | Illinois Department of Public Aid) or both, according to | ||||||
9 | whether that function, in the specific context, has been | ||||||
10 | allocated to the Department of Human Services or the | ||||||
11 | Department of Healthcare and Family Services (formerly | ||||||
12 | Department of Public Aid) or both of those departments. | ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||
14 | (305 ILCS 5/2-12.5) | ||||||
15 | Sec. 2-12.5. "Director of the Illinois Department"; | ||||||
16 | "Director of the Department"; "Director". In this Code, | ||||||
17 | "Director of the Illinois Department", "Director of the | ||||||
18 | Department", or "Director", when a particular official is not | ||||||
19 | specified, means the following: | ||||||
20 | (1) In the case of a function performed before July 1, 1997 | ||||||
21 | (the effective date of the Department of Human Services Act), | ||||||
22 | the term means the Director of Public Aid. | ||||||
23 | (2) Except as provided in paragraph (2.5), in In the case | ||||||
24 | of a function to be performed on or after July 1, 1997 under | ||||||
25 | Article III, IV, VI, IX, or IXA, the term means the Secretary |
| |||||||
| |||||||
1 | of Human Services. | ||||||
2 | (2.5) In the case of a function to be performed on or after | ||||||
3 | July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means | ||||||
4 | the Secretary of Early Childhood. | ||||||
5 | (3) In the case of a function to be performed on or after | ||||||
6 | July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, | ||||||
7 | or XV, the term means the Director of Healthcare and Family | ||||||
8 | Services (formerly Director of Public Aid). | ||||||
9 | (4) In the case of a function to be performed on or after | ||||||
10 | July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the | ||||||
11 | term means the Secretary of Human Services or the Director of | ||||||
12 | Healthcare and Family Services (formerly Director of Public | ||||||
13 | Aid) or both, according to whether that function, in the | ||||||
14 | specific context, has been allocated to the Department of | ||||||
15 | Human Services or the Department of Healthcare and Family | ||||||
16 | Services (formerly Department of Public Aid) or both of those | ||||||
17 | departments. | ||||||
18 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||
19 | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11) | ||||||
20 | Sec. 9A-11. Child care. | ||||||
21 | (a) The General Assembly recognizes that families with | ||||||
22 | children need child care in order to work. Child care is | ||||||
23 | expensive and families with limited access to economic | ||||||
24 | resources, including those who are transitioning from welfare | ||||||
25 | to work, often struggle to pay the costs of day care. The |
| |||||||
| |||||||
1 | General Assembly understands the importance of helping working | ||||||
2 | families with limited access to economic resources become and | ||||||
3 | remain self-sufficient. The General Assembly also believes | ||||||
4 | that it is the responsibility of families to share in the costs | ||||||
5 | of child care. It is also the preference of the General | ||||||
6 | Assembly that all working families with limited access to | ||||||
7 | economic resources should be treated equally, regardless of | ||||||
8 | their welfare status. | ||||||
9 | (b) To the extent resources permit, the Illinois | ||||||
10 | Department shall provide child care services to parents or | ||||||
11 | other relatives as defined by rule who are working or | ||||||
12 | participating in employment or Department approved education | ||||||
13 | or training programs. At a minimum, the Illinois Department | ||||||
14 | shall cover the following categories of families: | ||||||
15 | (1) recipients of TANF under Article IV participating | ||||||
16 | in work and training activities as specified in the | ||||||
17 | personal plan for employment and self-sufficiency; | ||||||
18 | (2) families transitioning from TANF to work; | ||||||
19 | (3) families at risk of becoming recipients of TANF; | ||||||
20 | (4) families with special needs as defined by rule; | ||||||
21 | (5) working families with very low incomes as defined | ||||||
22 | by rule; | ||||||
23 | (6) families that are not recipients of TANF and that | ||||||
24 | need child care assistance to participate in education and | ||||||
25 | training activities; | ||||||
26 | (7) youth in care, as defined in Section 4d of the |
| |||||||
| |||||||
1 | Children and Family Services Act, who are parents, | ||||||
2 | regardless of income or whether they are working or | ||||||
3 | participating in Department-approved employment or | ||||||
4 | education or training programs. Any family that receives | ||||||
5 | child care assistance in accordance with this paragraph | ||||||
6 | shall receive one additional 12-month child care | ||||||
7 | eligibility period after the parenting youth in care's | ||||||
8 | case with the Department of Children and Family Services | ||||||
9 | is closed, regardless of income or whether the parenting | ||||||
10 | youth in care is working or participating in | ||||||
11 | Department-approved employment or education or training | ||||||
12 | programs; | ||||||
13 | (8) families receiving Extended Family Support Program | ||||||
14 | services from the Department of Children and Family | ||||||
15 | Services, regardless of income or whether they are working | ||||||
16 | or participating in Department-approved employment or | ||||||
17 | education or training programs; and | ||||||
18 | (9) families with children under the age of 5 who have | ||||||
19 | an open intact family services case with the Department of | ||||||
20 | Children and Family Services. Any family that receives | ||||||
21 | child care assistance in accordance with this paragraph | ||||||
22 | shall remain eligible for child care assistance 6 months | ||||||
23 | after the child's intact family services case is closed, | ||||||
24 | regardless of whether the child's parents or other | ||||||
25 | relatives as defined by rule are working or participating | ||||||
26 | in Department approved employment or education or training |
| |||||||
| |||||||
1 | programs. The Department of Early Childhood Human | ||||||
2 | Services , in consultation with the Department of Children | ||||||
3 | and Family Services, shall adopt rules to protect the | ||||||
4 | privacy of families who are the subject of an open intact | ||||||
5 | family services case when such families enroll in child | ||||||
6 | care services. Additional rules shall be adopted to offer | ||||||
7 | children who have an open intact family services case the | ||||||
8 | opportunity to receive an Early Intervention screening and | ||||||
9 | other services that their families may be eligible for as | ||||||
10 | provided by the Department of Human Services. | ||||||
11 | Beginning October 1, 2027 2023 , and every October 1 | ||||||
12 | thereafter, the Department of Children and Family Services | ||||||
13 | shall report to the General Assembly on the number of children | ||||||
14 | who received child care via vouchers paid for by the | ||||||
15 | Department of Early Childhood Children and Family Services | ||||||
16 | during the preceding fiscal year. The report shall include the | ||||||
17 | ages of children who received child care, the type of child | ||||||
18 | care they received, and the number of months they received | ||||||
19 | child care. | ||||||
20 | The Department shall specify by rule the conditions of | ||||||
21 | eligibility, the application process, and the types, amounts, | ||||||
22 | and duration of services. Eligibility for child care benefits | ||||||
23 | and the amount of child care provided may vary based on family | ||||||
24 | size, income, and other factors as specified by rule. | ||||||
25 | The Department shall update the Child Care Assistance | ||||||
26 | Program Eligibility Calculator posted on its website to |
| |||||||
| |||||||
1 | include a question on whether a family is applying for child | ||||||
2 | care assistance for the first time or is applying for a | ||||||
3 | redetermination of eligibility. | ||||||
4 | A family's eligibility for child care services shall be | ||||||
5 | redetermined no sooner than 12 months following the initial | ||||||
6 | determination or most recent redetermination. During the | ||||||
7 | 12-month periods, the family shall remain eligible for child | ||||||
8 | care services regardless of (i) a change in family income, | ||||||
9 | unless family income exceeds 85% of State median income, or | ||||||
10 | (ii) a temporary change in the ongoing status of the parents or | ||||||
11 | other relatives, as defined by rule, as working or attending a | ||||||
12 | job training or educational program. | ||||||
13 | In determining income eligibility for child care benefits, | ||||||
14 | the Department annually, at the beginning of each fiscal year, | ||||||
15 | shall establish, by rule, one income threshold for each family | ||||||
16 | size, in relation to percentage of State median income for a | ||||||
17 | family of that size, that makes families with incomes below | ||||||
18 | the specified threshold eligible for assistance and families | ||||||
19 | with incomes above the specified threshold ineligible for | ||||||
20 | assistance. Through and including fiscal year 2007, the | ||||||
21 | specified threshold must be no less than 50% of the | ||||||
22 | then-current State median income for each family size. | ||||||
23 | Beginning in fiscal year 2008, the specified threshold must be | ||||||
24 | no less than 185% of the then-current federal poverty level | ||||||
25 | for each family size. Notwithstanding any other provision of | ||||||
26 | law or administrative rule to the contrary, beginning in |
| |||||||
| |||||||
1 | fiscal year 2019, the specified threshold for working families | ||||||
2 | with very low incomes as defined by rule must be no less than | ||||||
3 | 185% of the then-current federal poverty level for each family | ||||||
4 | size. Notwithstanding any other provision of law or | ||||||
5 | administrative rule to the contrary, beginning in State fiscal | ||||||
6 | year 2022 through State fiscal year 2023, the specified income | ||||||
7 | threshold shall be no less than 200% of the then-current | ||||||
8 | federal poverty level for each family size. Beginning in State | ||||||
9 | fiscal year 2024, the specified income threshold shall be no | ||||||
10 | less than 225% of the then-current federal poverty level for | ||||||
11 | each family size. | ||||||
12 | In determining eligibility for assistance, the Department | ||||||
13 | shall not give preference to any category of recipients or | ||||||
14 | give preference to individuals based on their receipt of | ||||||
15 | benefits under this Code. | ||||||
16 | Nothing in this Section shall be construed as conferring | ||||||
17 | entitlement status to eligible families. | ||||||
18 | The Illinois Department is authorized to lower income | ||||||
19 | eligibility ceilings, raise parent co-payments, create waiting | ||||||
20 | lists, or take such other actions during a fiscal year as are | ||||||
21 | necessary to ensure that child care benefits paid under this | ||||||
22 | Article do not exceed the amounts appropriated for those child | ||||||
23 | care benefits. These changes may be accomplished by emergency | ||||||
24 | rule under Section 5-45 of the Illinois Administrative | ||||||
25 | Procedure Act, except that the limitation on the number of | ||||||
26 | emergency rules that may be adopted in a 24-month period shall |
| |||||||
| |||||||
1 | not apply. | ||||||
2 | The Illinois Department may contract with other State | ||||||
3 | agencies or child care organizations for the administration of | ||||||
4 | child care services. | ||||||
5 | (c) Payment shall be made for child care that otherwise | ||||||
6 | meets the requirements of this Section and applicable | ||||||
7 | standards of State and local law and regulation, including any | ||||||
8 | requirements the Illinois Department promulgates by rule . | ||||||
9 | Through June 30, 2026, the rules of this Section include | ||||||
10 | licensure requirements adopted by the Department of Children | ||||||
11 | and Family Services. On and after July 1, 2026, the rules of | ||||||
12 | this Section include licensure requirements adopted by the | ||||||
13 | Department of Early Childhood. In addition, the regulations of | ||||||
14 | this Section include the in addition to the licensure | ||||||
15 | requirements promulgated by the Department of Children and | ||||||
16 | Family Services and Fire Prevention and Safety requirements | ||||||
17 | promulgated by the Office of the State Fire Marshal, and is | ||||||
18 | provided in any of the following: | ||||||
19 | (1) a child care center which is licensed or exempt | ||||||
20 | from licensure pursuant to Section 2.09 of the Child Care | ||||||
21 | Act of 1969; | ||||||
22 | (2) a licensed child care home or home exempt from | ||||||
23 | licensing; | ||||||
24 | (3) a licensed group child care home; | ||||||
25 | (4) other types of child care, including child care | ||||||
26 | provided by relatives or persons living in the same home |
| |||||||
| |||||||
1 | as the child, as determined by the Illinois Department by | ||||||
2 | rule. | ||||||
3 | (c-5) Solely for the purposes of coverage under the | ||||||
4 | Illinois Public Labor Relations Act, child and day care home | ||||||
5 | providers, including licensed and license exempt, | ||||||
6 | participating in the Department's child care assistance | ||||||
7 | program shall be considered to be public employees and the | ||||||
8 | State of Illinois shall be considered to be their employer as | ||||||
9 | of January 1, 2006 (the effective date of Public Act 94-320), | ||||||
10 | but not before. The State shall engage in collective | ||||||
11 | bargaining with an exclusive representative of child and day | ||||||
12 | care home providers participating in the child care assistance | ||||||
13 | program concerning their terms and conditions of employment | ||||||
14 | that are within the State's control. Nothing in this | ||||||
15 | subsection shall be understood to limit the right of families | ||||||
16 | receiving services defined in this Section to select child and | ||||||
17 | day care home providers or supervise them within the limits of | ||||||
18 | this Section. The State shall not be considered to be the | ||||||
19 | employer of child and day care home providers for any purposes | ||||||
20 | not specifically provided in Public Act 94-320, including, but | ||||||
21 | not limited to, purposes of vicarious liability in tort and | ||||||
22 | purposes of statutory retirement or health insurance benefits. | ||||||
23 | Child and day care home providers shall not be covered by the | ||||||
24 | State Employees Group Insurance Act of 1971. | ||||||
25 | In according child and day care home providers and their | ||||||
26 | selected representative rights under the Illinois Public Labor |
| |||||||
| |||||||
1 | Relations Act, the State intends that the State action | ||||||
2 | exemption to application of federal and State antitrust laws | ||||||
3 | be fully available to the extent that their activities are | ||||||
4 | authorized by Public Act 94-320. | ||||||
5 | (d) The Illinois Department shall establish, by rule, a | ||||||
6 | co-payment scale that provides for cost sharing by families | ||||||
7 | that receive child care services, including parents whose only | ||||||
8 | income is from assistance under this Code. The co-payment | ||||||
9 | shall be based on family income and family size and may be | ||||||
10 | based on other factors as appropriate. Co-payments may be | ||||||
11 | waived for families whose incomes are at or below the federal | ||||||
12 | poverty level. | ||||||
13 | (d-5) The Illinois Department, in consultation with its | ||||||
14 | Child Care and Development Advisory Council, shall develop a | ||||||
15 | plan to revise the child care assistance program's co-payment | ||||||
16 | scale. The plan shall be completed no later than February 1, | ||||||
17 | 2008, and shall include: | ||||||
18 | (1) findings as to the percentage of income that the | ||||||
19 | average American family spends on child care and the | ||||||
20 | relative amounts that low-income families and the average | ||||||
21 | American family spend on other necessities of life; | ||||||
22 | (2) recommendations for revising the child care | ||||||
23 | co-payment scale to assure that families receiving child | ||||||
24 | care services from the Department are paying no more than | ||||||
25 | they can reasonably afford; | ||||||
26 | (3) recommendations for revising the child care |
| |||||||
| |||||||
1 | co-payment scale to provide at-risk children with complete | ||||||
2 | access to Preschool for All and Head Start; and | ||||||
3 | (4) recommendations for changes in child care program | ||||||
4 | policies that affect the affordability of child care. | ||||||
5 | (e) (Blank). | ||||||
6 | (f) The Illinois Department shall, by rule, set rates to | ||||||
7 | be paid for the various types of child care. Child care may be | ||||||
8 | provided through one of the following methods: | ||||||
9 | (1) arranging the child care through eligible | ||||||
10 | providers by use of purchase of service contracts or | ||||||
11 | vouchers; | ||||||
12 | (2) arranging with other agencies and community | ||||||
13 | volunteer groups for non-reimbursed child care; | ||||||
14 | (3) (blank); or | ||||||
15 | (4) adopting such other arrangements as the Department | ||||||
16 | determines appropriate. | ||||||
17 | (f-1) Within 30 days after June 4, 2018 (the effective | ||||||
18 | date of Public Act 100-587), the Department of Human Services | ||||||
19 | shall establish rates for child care providers that are no | ||||||
20 | less than the rates in effect on January 1, 2018 increased by | ||||||
21 | 4.26%. | ||||||
22 | (f-5) (Blank). | ||||||
23 | (g) Families eligible for assistance under this Section | ||||||
24 | shall be given the following options: | ||||||
25 | (1) receiving a child care certificate issued by the | ||||||
26 | Department or a subcontractor of the Department that may |
| |||||||
| |||||||
1 | be used by the parents as payment for child care and | ||||||
2 | development services only; or | ||||||
3 | (2) if space is available, enrolling the child with a | ||||||
4 | child care provider that has a purchase of service | ||||||
5 | contract with the Department or a subcontractor of the | ||||||
6 | Department for the provision of child care and development | ||||||
7 | services. The Department may identify particular priority | ||||||
8 | populations for whom they may request special | ||||||
9 | consideration by a provider with purchase of service | ||||||
10 | contracts, provided that the providers shall be permitted | ||||||
11 | to maintain a balance of clients in terms of household | ||||||
12 | incomes and families and children with special needs, as | ||||||
13 | defined by rule. | ||||||
14 | (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
15 | 102-926, eff. 5-27-22; 103-8, eff. 6-7-23.) | ||||||
16 | (305 ILCS 5/9A-11.5) | ||||||
17 | Sec. 9A-11.5. Investigate child care providers. | ||||||
18 | (a) Through June 30, 2026, any Any child care provider | ||||||
19 | receiving funds from the child care assistance program under | ||||||
20 | this Code who is not required to be licensed under the Child | ||||||
21 | Care Act of 1969 shall, as a condition of eligibility to | ||||||
22 | participate in the child care assistance program under this | ||||||
23 | Code, authorize in writing on a form prescribed by the | ||||||
24 | Department of Children and Family Services, periodic | ||||||
25 | investigations of the Central Register, as defined in the |
| |||||||
| |||||||
1 | Abused and Neglected Child Reporting Act, to ascertain if the | ||||||
2 | child care provider has been determined to be a perpetrator in | ||||||
3 | an indicated report of child abuse or neglect. The Department | ||||||
4 | of Children and Family Services shall conduct an investigation | ||||||
5 | of the Central Register at the request of the Department of | ||||||
6 | Human Services . | ||||||
7 | (a-5) On and after July 1, 2026, any child care provider | ||||||
8 | receiving funds from the child care assistance program under | ||||||
9 | this Code who is not required to be licensed under the Child | ||||||
10 | Care Act of 1969 shall, as a condition of eligibility to | ||||||
11 | participate in the child care assistance program under this | ||||||
12 | Code, authorize in writing on a form prescribed by the | ||||||
13 | Department of Early Childhood, periodic investigations of the | ||||||
14 | Central Register, as defined in the Abused and Neglected Child | ||||||
15 | Reporting Act, to ascertain if the child care provider has | ||||||
16 | been determined to be a perpetrator in an indicated report of | ||||||
17 | child abuse or neglect. | ||||||
18 | (b) Any child care provider, other than a relative of the | ||||||
19 | child, receiving funds from the child care assistance program | ||||||
20 | under this Code who is not required to be licensed under the | ||||||
21 | Child Care Act of 1969 shall, as a condition of eligibility to | ||||||
22 | participate in the child care assistance program under this | ||||||
23 | Code, authorize in writing a State and Federal Bureau of | ||||||
24 | Investigation fingerprint-based criminal history record check | ||||||
25 | to determine if the child care provider has ever been | ||||||
26 | convicted of a crime with respect to which the conviction has |
| |||||||
| |||||||
1 | not been overturned and the criminal records have not been | ||||||
2 | sealed or expunged. Upon this authorization, the Department | ||||||
3 | shall request and receive information and assistance from any | ||||||
4 | federal or State governmental agency as part of the authorized | ||||||
5 | criminal history record check. The Illinois State Police shall | ||||||
6 | provide information concerning any conviction that has not | ||||||
7 | been overturned and with respect to which the criminal records | ||||||
8 | have not been sealed or expunged, whether the conviction | ||||||
9 | occurred before or on or after the effective date of this | ||||||
10 | amendatory Act of the 96th General Assembly, of a child care | ||||||
11 | provider upon the request of the Department when the request | ||||||
12 | is made in the form and manner required by the Illinois State | ||||||
13 | Police. The Illinois State Police shall charge a fee not to | ||||||
14 | exceed the cost of processing the criminal history record | ||||||
15 | check. The fee is to be deposited into the State Police | ||||||
16 | Services Fund. Any information concerning convictions that | ||||||
17 | have not been overturned and with respect to which the | ||||||
18 | criminal records have not been sealed or expunged obtained by | ||||||
19 | the Department is confidential and may not be transmitted (i) | ||||||
20 | outside the Department except as required in this Section or | ||||||
21 | (ii) to anyone within the Department except as needed for the | ||||||
22 | purposes of determining participation in the child care | ||||||
23 | assistance program. A copy of the criminal history record | ||||||
24 | check obtained from the Illinois State Police shall be | ||||||
25 | provided to the unlicensed child care provider. | ||||||
26 | (c) The Department shall by rule set standards for |
| |||||||
| |||||||
1 | determining when to disqualify an unlicensed child care | ||||||
2 | provider for payment because (i) there is an indicated finding | ||||||
3 | against the provider based on the results of the Central | ||||||
4 | Register search or (ii) there is a disqualifying criminal | ||||||
5 | charge pending against the provider or the provider has a | ||||||
6 | disqualifying criminal conviction that has not been overturned | ||||||
7 | and with respect to which the criminal records have not been | ||||||
8 | expunged or sealed based on the results of the | ||||||
9 | fingerprint-based Illinois State Police and Federal Bureau of | ||||||
10 | Investigation criminal history record check. In determining | ||||||
11 | whether to disqualify an unlicensed child care provider for | ||||||
12 | payment under this subsection, the Department shall consider | ||||||
13 | the nature and gravity of any offense or offenses; the time | ||||||
14 | that has passed since the offense or offenses or the | ||||||
15 | completion of the criminal sentence or both; and the | ||||||
16 | relationship of the offense or offenses to the | ||||||
17 | responsibilities of the child care provider. | ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
19 | (305 ILCS 5/9A-17) | ||||||
20 | Sec. 9A-17. Smart Start Child Care Program. Subject to | ||||||
21 | appropriation, the Department of Human Services shall | ||||||
22 | establish the Smart Start Child Care Program. The Smart Start | ||||||
23 | Child Care Program shall focus on creating affordable child | ||||||
24 | care, as well as increasing access to child care, for Illinois | ||||||
25 | residents and may include, but is not limited to, providing |
| |||||||
| |||||||
1 | funding to increase preschool availability, providing funding | ||||||
2 | for childcare workforce compensation or capital investments, | ||||||
3 | and expanding funding for Early Childhood Access Consortium | ||||||
4 | for Equity Scholarships. The Department shall establish | ||||||
5 | program eligibility criteria, participation conditions, | ||||||
6 | payment levels, and other program requirements by rule. The | ||||||
7 | Department of Human Services may consult with the Capital | ||||||
8 | Development Board, the Department of Commerce and Economic | ||||||
9 | Opportunity, and the Illinois Housing Development Authority in | ||||||
10 | the management and disbursement of funds for capital-related | ||||||
11 | projects. The Capital Development Board, the Department of | ||||||
12 | Commerce and Economic Opportunity, and the Illinois Housing | ||||||
13 | Development Authority shall act in a consulting role only for | ||||||
14 | the evaluation of applicants, scoring of applicants, or | ||||||
15 | administration of the grant program. | ||||||
16 | This Section is repealed on July 1, 2026. | ||||||
17 | (Source: P.A. 103-8, eff. 6-7-23.) | ||||||
18 | Section 90-50. The Early Intervention Services System Act | ||||||
19 | is amended by adding Section 20.1 as follows: | ||||||
20 | (325 ILCS 20/20.1 new) | ||||||
21 | Sec. 20.1. Repeal. This Act is repealed on July 1, 2026. | ||||||
22 | Section 90-55. The Infant/Early Childhood Mental Health | ||||||
23 | Consultations Act is amended by changing Section 35-5 as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (405 ILCS 47/35-5) | ||||||
3 | Sec. 35-5. Findings; policies. | ||||||
4 | (a) The General Assembly finds the following: | ||||||
5 | (1) Social and emotional development is a core | ||||||
6 | developmental domain in young children and is codified in | ||||||
7 | the Illinois Early Learning Standards. | ||||||
8 | (2) Fostering social and emotional development in | ||||||
9 | early childhood means both providing the supportive | ||||||
10 | settings and interactions to maximize healthy social and | ||||||
11 | emotional development for all children, as well as | ||||||
12 | providing communities, programs, and providers with | ||||||
13 | systems of tiered supports with training to respond to | ||||||
14 | more significant social and emotional challenges or where | ||||||
15 | experiences of trauma may be more prevalent. | ||||||
16 | (3) Early care and education programs and providers, | ||||||
17 | across a range of settings, have an important role to play | ||||||
18 | in supporting young children and families, especially | ||||||
19 | those who face greater challenges, such as trauma | ||||||
20 | exposure, social isolation, pervasive poverty, and toxic | ||||||
21 | stress; if programs, teaching staff, caregivers, and | ||||||
22 | providers are not provided with the support, services, and | ||||||
23 | training needed to accomplish these goals, it can lead to | ||||||
24 | children and families being asked to leave programs, | ||||||
25 | particularly without connection to more appropriate |
| |||||||
| |||||||
1 | services, thereby creating a disruption in learning and | ||||||
2 | social-emotional development; investments in reflective | ||||||
3 | supervision, professional development specific to | ||||||
4 | diversity, equity and inclusion practice, culturally | ||||||
5 | responsive training, implicit bias training, and how | ||||||
6 | trauma experienced during the early years can manifest in | ||||||
7 | challenging behaviors will create systems for serving | ||||||
8 | children that are informed in developmentally appropriate | ||||||
9 | and responsive supports. | ||||||
10 | (4) Studies have shown that the expulsion of infants, | ||||||
11 | toddlers, and young children in early care and education | ||||||
12 | settings is occurring at alarmingly high rates, more than | ||||||
13 | 3 times that of students in K-12; further, expulsion | ||||||
14 | occurs more frequently for Black children and Latinx | ||||||
15 | children and more frequently for boys than for girls, with | ||||||
16 | Black boys being most frequently expelled; there is | ||||||
17 | evidence to show that the expulsion of Black girls is | ||||||
18 | occurring with increasing frequency. | ||||||
19 | (5) Illinois took its first steps toward addressing | ||||||
20 | this disparity through Public Act 100-105 to prohibit | ||||||
21 | expulsion due to child behavior in early care and | ||||||
22 | education settings, but further work is needed to | ||||||
23 | implement this law, including strengthening provider | ||||||
24 | understanding of a successful transition and beginning to | ||||||
25 | identify strategies to reduce "soft expulsions" and to | ||||||
26 | ensure more young children and their teachers, providers, |
| |||||||
| |||||||
1 | and caregivers, in a range of early care and education | ||||||
2 | settings, can benefit from services, such as Infant/Early | ||||||
3 | Childhood Mental Health Consultations (I/ECMHC) and | ||||||
4 | positive behavior interventions and supports such as the | ||||||
5 | Pyramid Model. | ||||||
6 | (6) I/ECMHC is a critical component needed to align | ||||||
7 | social-emotional well-being with the public health model | ||||||
8 | of promotion, prevention, and intervention across early | ||||||
9 | care and education systems. | ||||||
10 | (b) The General Assembly encourages that all of the | ||||||
11 | following actions be taken by: | ||||||
12 | (1) the State to increase the availability of | ||||||
13 | Infant/Early Childhood Mental Health Consultations | ||||||
14 | (I/ECMHC) through increased funding in early childhood | ||||||
15 | programs and sustainable funding for coordination of | ||||||
16 | I/ECMHC and other social and emotional support at the | ||||||
17 | State level; | ||||||
18 | (2) the Department of Human Services (IDHS), the | ||||||
19 | Illinois State Board of Education (ISBE), the Governor's | ||||||
20 | Office of Early Childhood Development (GOECD), and other | ||||||
21 | relevant agencies to develop and promote | ||||||
22 | provider-accessible and parent-accessible materials, | ||||||
23 | including native language, on the role and value of | ||||||
24 | I/ECMHC, including targeted promotion in underserved | ||||||
25 | communities, and promote the use of existing I/ECMHCs, the | ||||||
26 | I/ECMHC consultant database, or other existing services; |
| |||||||
| |||||||
1 | (3) the State to increase funding to promote and | ||||||
2 | provide training and implementation support for systems of | ||||||
3 | tiered support, such as the Pyramid Model, across early | ||||||
4 | childhood settings and urge DHS, ISBE, GOECD, and other | ||||||
5 | relevant State agencies to coordinate efforts and develop | ||||||
6 | strategies to provide outreach to and support providers in | ||||||
7 | underserved communities and communities with fewer | ||||||
8 | programmatic resources; and | ||||||
9 | (4) ISBE and DCFS to provide the data required by | ||||||
10 | Public Act 100-105, even if the data is incomplete at the | ||||||
11 | time due to data system challenges. | ||||||
12 | (c) This Section is repealed on July 1, 2026. | ||||||
13 | (Source: P.A. 101-654, eff. 3-8-21.) | ||||||
14 | Section 90-60. The Children's Mental Health Act is amended | ||||||
15 | by changing Section 5 as follows: | ||||||
16 | (405 ILCS 49/5) | ||||||
17 | Sec. 5. Children's Mental Health Partnership; Children's | ||||||
18 | Mental Health Plan. | ||||||
19 | (a) The Children's Mental Health Partnership (hereafter | ||||||
20 | referred to as "the Partnership") created under Public Act | ||||||
21 | 93-495 and continued under Public Act 102-899 shall advise | ||||||
22 | State agencies on designing and implementing short-term and | ||||||
23 | long-term strategies to provide comprehensive and coordinated | ||||||
24 | services for children from birth to age 25 and their families |
| |||||||
| |||||||
1 | with the goal of addressing children's mental health needs | ||||||
2 | across a full continuum of care, including social determinants | ||||||
3 | of health, prevention, early identification, and treatment. | ||||||
4 | The recommended strategies shall build upon the | ||||||
5 | recommendations in the Children's Mental Health Plan of 2022 | ||||||
6 | and may include, but are not limited to, recommendations | ||||||
7 | regarding the following: | ||||||
8 | (1) Increasing public awareness on issues connected to | ||||||
9 | children's mental health and wellness to decrease stigma, | ||||||
10 | promote acceptance, and strengthen the ability of | ||||||
11 | children, families, and communities to access supports. | ||||||
12 | (2) Coordination of programs, services, and policies | ||||||
13 | across child-serving State agencies to best monitor and | ||||||
14 | assess spending, as well as foster innovation of adaptive | ||||||
15 | or new practices. | ||||||
16 | (3) Funding and resources for children's mental health | ||||||
17 | prevention, early identification, and treatment across | ||||||
18 | child-serving State agencies. | ||||||
19 | (4) Facilitation of research on best practices and | ||||||
20 | model programs and dissemination of this information to | ||||||
21 | State policymakers, practitioners, and the general public. | ||||||
22 | (5) Monitoring programs, services, and policies | ||||||
23 | addressing children's mental health and wellness. | ||||||
24 | (6) Growing, retaining, diversifying, and supporting | ||||||
25 | the child-serving workforce, with special emphasis on | ||||||
26 | professional development around child and family mental |
| |||||||
| |||||||
1 | health and wellness services. | ||||||
2 | (7) Supporting the design, implementation, and | ||||||
3 | evaluation of a quality-driven children's mental health | ||||||
4 | system of care across all child services that prevents | ||||||
5 | mental health concerns and mitigates trauma. | ||||||
6 | (8) Improving the system to more effectively meet the | ||||||
7 | emergency and residential placement needs for all children | ||||||
8 | with severe mental and behavioral challenges. | ||||||
9 | (b) The Partnership shall have the responsibility of | ||||||
10 | developing and updating the Children's Mental Health Plan and | ||||||
11 | advising the relevant State agencies on implementation of the | ||||||
12 | Plan. The Children's Mental Health Partnership shall be | ||||||
13 | comprised of the following members: | ||||||
14 | (1) The Governor or his or her designee. | ||||||
15 | (2) The Attorney General or his or her designee. | ||||||
16 | (3) The Secretary of the Department of Human Services | ||||||
17 | or his or her designee. | ||||||
18 | (4) The State Superintendent of Education or his or | ||||||
19 | her designee. | ||||||
20 | (5) The Director of the Department of Children and | ||||||
21 | Family Services or his or her designee. | ||||||
22 | (6) The Director of the Department of Healthcare and | ||||||
23 | Family Services or his or her designee. | ||||||
24 | (7) The Director of the Department of Public Health or | ||||||
25 | his or her designee. | ||||||
26 | (8) The Director of the Department of Juvenile Justice |
| |||||||
| |||||||
1 | or his or her designee. | ||||||
2 | (9) The Secretary of Early Childhood Executive | ||||||
3 | Director of the Governor's Office of Early Childhood | ||||||
4 | Development or his or her designee. | ||||||
5 | (10) The Director of the Criminal Justice Information | ||||||
6 | Authority or his or her designee. | ||||||
7 | (11) One member of the General Assembly appointed by | ||||||
8 | the Speaker of the House. | ||||||
9 | (12) One member of the General Assembly appointed by | ||||||
10 | the President of the Senate. | ||||||
11 | (13) One member of the General Assembly appointed by | ||||||
12 | the Minority Leader of the Senate. | ||||||
13 | (14) One member of the General Assembly appointed by | ||||||
14 | the Minority Leader of the House. | ||||||
15 | (15) Up to 25 representatives from the public | ||||||
16 | reflecting a diversity of age, gender identity, race, | ||||||
17 | ethnicity, socioeconomic status, and geographic location, | ||||||
18 | to be appointed by the Governor. Those public members | ||||||
19 | appointed under this paragraph must include, but are not | ||||||
20 | limited to: | ||||||
21 | (A) a family member or individual with lived | ||||||
22 | experience in the children's mental health system; | ||||||
23 | (B) a child advocate; | ||||||
24 | (C) a community mental health expert, | ||||||
25 | practitioner, or provider; | ||||||
26 | (D) a representative of a statewide association |
| |||||||
| |||||||
1 | representing a majority of hospitals in the State; | ||||||
2 | (E) an early childhood expert or practitioner; | ||||||
3 | (F) a representative from the K-12 school system; | ||||||
4 | (G) a representative from the healthcare sector; | ||||||
5 | (H) a substance use prevention expert or | ||||||
6 | practitioner, or a representative of a statewide | ||||||
7 | association representing community-based mental health | ||||||
8 | substance use disorder treatment providers in the | ||||||
9 | State; | ||||||
10 | (I) a violence prevention expert or practitioner; | ||||||
11 | (J) a representative from the juvenile justice | ||||||
12 | system; | ||||||
13 | (K) a school social worker; and | ||||||
14 | (L) a representative of a statewide organization | ||||||
15 | representing pediatricians. | ||||||
16 | (16) Two co-chairs appointed by the Governor, one | ||||||
17 | being a representative from the public and one being a | ||||||
18 | representative from the State. | ||||||
19 | The members appointed by the Governor shall be appointed | ||||||
20 | for 4 years with one opportunity for reappointment, except as | ||||||
21 | otherwise provided for in this subsection. Members who were | ||||||
22 | appointed by the Governor and are serving on January 1, 2023 | ||||||
23 | (the effective date of Public Act 102-899) shall maintain | ||||||
24 | their appointment until the term of their appointment has | ||||||
25 | expired. For new appointments made pursuant to Public Act | ||||||
26 | 102-899, members shall be appointed for one-year, 2-year, or |
| |||||||
| |||||||
1 | 4-year terms, as determined by the Governor, with no more than | ||||||
2 | 9 of the Governor's new or existing appointees serving the | ||||||
3 | same term. Those new appointments serving a one-year or 2-year | ||||||
4 | term may be appointed to 2 additional 4-year terms. If a | ||||||
5 | vacancy occurs in the Partnership membership, the vacancy | ||||||
6 | shall be filled in the same manner as the original appointment | ||||||
7 | for the remainder of the term. | ||||||
8 | The Partnership shall be convened no later than January | ||||||
9 | 31, 2023 to discuss the changes in Public Act 102-899. | ||||||
10 | The members of the Partnership shall serve without | ||||||
11 | compensation but may be entitled to reimbursement for all | ||||||
12 | necessary expenses incurred in the performance of their | ||||||
13 | official duties as members of the Partnership from funds | ||||||
14 | appropriated for that purpose. | ||||||
15 | The Partnership may convene and appoint special committees | ||||||
16 | or study groups to operate under the direction of the | ||||||
17 | Partnership. Persons appointed to such special committees or | ||||||
18 | study groups shall only receive reimbursement for reasonable | ||||||
19 | expenses. | ||||||
20 | (b-5) The Partnership shall include an adjunct council | ||||||
21 | comprised of no more than 6 youth aged 14 to 25 and 4 | ||||||
22 | representatives of 4 different community-based organizations | ||||||
23 | that focus on youth mental health. Of the community-based | ||||||
24 | organizations that focus on youth mental health, one of the | ||||||
25 | community-based organizations shall be led by an | ||||||
26 | LGBTQ-identified person, one of the community-based |
| |||||||
| |||||||
1 | organizations shall be led by a person of color, and one of the | ||||||
2 | community-based organizations shall be led by a woman. Of the | ||||||
3 | representatives appointed to the council from the | ||||||
4 | community-based organizations, at least one representative | ||||||
5 | shall be LGBTQ-identified, at least one representative shall | ||||||
6 | be a person of color, and at least one representative shall be | ||||||
7 | a woman. The council members shall be appointed by the Chair of | ||||||
8 | the Partnership and shall reflect the racial, gender identity, | ||||||
9 | sexual orientation, ability, socioeconomic, ethnic, and | ||||||
10 | geographic diversity of the State, including rural, suburban, | ||||||
11 | and urban appointees. The council shall make recommendations | ||||||
12 | to the Partnership regarding youth mental health, including, | ||||||
13 | but not limited to, identifying barriers to youth feeling | ||||||
14 | supported by and empowered by the system of mental health and | ||||||
15 | treatment providers, barriers perceived by youth in accessing | ||||||
16 | mental health services, gaps in the mental health system, | ||||||
17 | available resources in schools, including youth's perceptions | ||||||
18 | and experiences with outreach personnel, agency websites, and | ||||||
19 | informational materials, methods to destigmatize mental health | ||||||
20 | services, and how to improve State policy concerning student | ||||||
21 | mental health. The mental health system may include services | ||||||
22 | for substance use disorders and addiction. The council shall | ||||||
23 | meet at least 4 times annually. | ||||||
24 | (c) (Blank). | ||||||
25 | (d) The Illinois Children's Mental Health Partnership has | ||||||
26 | the following powers and duties: |
| |||||||
| |||||||
1 | (1) Conducting research assessments to determine the | ||||||
2 | needs and gaps of programs, services, and policies that | ||||||
3 | touch children's mental health. | ||||||
4 | (2) Developing policy statements for interagency | ||||||
5 | cooperation to cover all aspects of mental health | ||||||
6 | delivery, including social determinants of health, | ||||||
7 | prevention, early identification, and treatment. | ||||||
8 | (3) Recommending policies and providing information on | ||||||
9 | effective programs for delivery of mental health services. | ||||||
10 | (4) Using funding from federal, State, or | ||||||
11 | philanthropic partners, to fund pilot programs or research | ||||||
12 | activities to resource innovative practices by | ||||||
13 | organizational partners that will address children's | ||||||
14 | mental health. However, the Partnership may not provide | ||||||
15 | direct services. | ||||||
16 | (5) Submitting an annual report, on or before December | ||||||
17 | 30 of each year, to the Governor and the General Assembly | ||||||
18 | on the progress of the Plan, any recommendations regarding | ||||||
19 | State policies, laws, or rules necessary to fulfill the | ||||||
20 | purposes of the Act, and any additional recommendations | ||||||
21 | regarding mental or behavioral health that the Partnership | ||||||
22 | deems necessary. | ||||||
23 | (6) Employing an Executive Director and setting the | ||||||
24 | compensation of the Executive Director and other such | ||||||
25 | employees and technical assistance as it deems necessary | ||||||
26 | to carry out its duties under this Section. |
| |||||||
| |||||||
1 | The Partnership may designate a fiscal and administrative | ||||||
2 | agent that can accept funds to carry out its duties as outlined | ||||||
3 | in this Section. | ||||||
4 | The Department of Healthcare and Family Services shall | ||||||
5 | provide technical and administrative support for the | ||||||
6 | Partnership. | ||||||
7 | (e) The Partnership may accept monetary gifts or grants | ||||||
8 | from the federal government or any agency thereof, from any | ||||||
9 | charitable foundation or professional association, or from any | ||||||
10 | reputable source for implementation of any program necessary | ||||||
11 | or desirable to carry out the powers and duties as defined | ||||||
12 | under this Section. | ||||||
13 | (f) On or before January 1, 2027, the Partnership shall | ||||||
14 | submit recommendations to the Governor and General Assembly | ||||||
15 | that includes recommended updates to the Act to reflect the | ||||||
16 | current mental health landscape in this State. | ||||||
17 | (Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; | ||||||
18 | 102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff. | ||||||
19 | 6-30-23.) | ||||||
20 | Section 90-65. The Advisory Board for the Maternal and | ||||||
21 | Child Health Block Grant Programs Act is amended by changing | ||||||
22 | Section 15 as follows: | ||||||
23 | (410 ILCS 221/15) | ||||||
24 | Sec. 15. Advisory Board for the Maternal and Child Health |
| |||||||
| |||||||
1 | Block Grant Programs. | ||||||
2 | (a) The Advisory Board for the Maternal and Child Health | ||||||
3 | Block Grant Programs is created within the Department to | ||||||
4 | advise the Department on programs and activities related to | ||||||
5 | maternal and child health in the State of Illinois. | ||||||
6 | The Board shall consist of the Director's designee | ||||||
7 | responsible for maternal and child health programs, who shall | ||||||
8 | serve as the Chair of the Board; the Department's Title V | ||||||
9 | administrator, if the Director's designee is not serving in | ||||||
10 | the capacity of Title V Director at the Department; one | ||||||
11 | representative each from the Department of Early Childhood, | ||||||
12 | the Department of Children and Family Services, the Department | ||||||
13 | of Human Services, and the Department of Healthcare and Family | ||||||
14 | Services, appointed by the Director or Secretary of each | ||||||
15 | Department; the Director of the University of Illinois at | ||||||
16 | Chicago's Division of Specialized Care for Children; 4 members | ||||||
17 | of the General Assembly, one each appointed by the President | ||||||
18 | and Minority Leader of the Senate and the Speaker and Minority | ||||||
19 | Leader of the House of Representatives; and 20 additional | ||||||
20 | members appointed by the Director. | ||||||
21 | Of the members appointed by the Director: | ||||||
22 | (1) Two shall be physicians licensed to practice | ||||||
23 | medicine in all of its branches who currently serve | ||||||
24 | patients enrolled in maternal and child health programs | ||||||
25 | funded by the State of Illinois, one of whom shall be an | ||||||
26 | individual with a specialty in obstetrics and gynecology |
| |||||||
| |||||||
1 | and one of whom shall be an individual with a specialty in | ||||||
2 | pediatric medicine; | ||||||
3 | (2) Sixteen shall be persons with expertise in one or | ||||||
4 | more of the following areas, with no more than 3 persons | ||||||
5 | from each listed area of expertise and with preference | ||||||
6 | given to the areas of need identified by the most recent | ||||||
7 | State needs assessment: the health of women, infants, | ||||||
8 | young children, school-aged children, adolescents, and | ||||||
9 | children with special health care needs; public health; | ||||||
10 | epidemiology; behavioral health; nursing; social work; | ||||||
11 | substance abuse prevention; juvenile justice; oral health; | ||||||
12 | child development; chronic disease prevention; health | ||||||
13 | promotion; and education; 5 of the 16 members shall | ||||||
14 | represent organizations that provide maternal and child | ||||||
15 | health services with funds from the Department; and | ||||||
16 | (3) either 2 consumers who have received services | ||||||
17 | through a Department-funded maternal and child health | ||||||
18 | program, 2 representatives from advocacy groups that | ||||||
19 | advocate on behalf of such consumers, or one such consumer | ||||||
20 | and one such representative of an advocacy group. | ||||||
21 | Members appointed by the Director shall be selected to | ||||||
22 | represent the racial, ethnic, and geographic diversity of the | ||||||
23 | State's population and shall include representatives of local | ||||||
24 | health departments, other direct service providers, and | ||||||
25 | faculty of the University of Illinois at Chicago School of | ||||||
26 | Public Health Center of Excellence in Maternal and Child |
| |||||||
| |||||||
1 | Health. | ||||||
2 | Legislative members shall serve during their term of | ||||||
3 | office in the General Assembly. Members appointed by the | ||||||
4 | Director shall serve a term of 4 years or until their | ||||||
5 | successors are appointed. | ||||||
6 | Any member appointed to fill a vacancy occurring prior to | ||||||
7 | the expiration of the term for which his or her predecessor was | ||||||
8 | appointed shall be appointed for the remainder of such term. | ||||||
9 | Members of the Board shall serve without compensation but | ||||||
10 | shall be reimbursed for necessary expenses incurred in the | ||||||
11 | performance of their duties. | ||||||
12 | (b) The Board shall advise the Director on improving the | ||||||
13 | well-being of mothers, fathers, infants, children, families, | ||||||
14 | and adults, considering both physical and social determinants | ||||||
15 | of health, and using a life-span approach to health promotion | ||||||
16 | and disease prevention in the State of Illinois. In addition, | ||||||
17 | the Board shall review and make recommendations to the | ||||||
18 | Department and the Governor in regard to the system for | ||||||
19 | maternal and child health programs, collaboration, and | ||||||
20 | interrelation between and delivery of programs, both within | ||||||
21 | the Department and with related programs in other departments. | ||||||
22 | In performing its duties, the Board may hold hearings | ||||||
23 | throughout the State and advise and receive advice from any | ||||||
24 | local advisory bodies created to address maternal and child | ||||||
25 | health. | ||||||
26 | (c) The Board may offer recommendations and feedback |
| |||||||
| |||||||
1 | regarding the development of the State's annual Maternal and | ||||||
2 | Child Health Services Block Grant application and report as | ||||||
3 | well as the periodic needs assessment. | ||||||
4 | (Source: P.A. 99-901, eff. 8-26-16.) | ||||||
5 | ARTICLE 99. NONACCELERATION, SEVERABILITY, | ||||||
6 | AND | ||||||
7 | EFFECTIVE DATE | ||||||
8 | Section 99-1. No acceleration or delay. Where this Act | ||||||
9 | makes changes in a statute that is represented in this Act by | ||||||
10 | text that is not yet or no longer in effect (for example, a | ||||||
11 | Section represented by multiple versions), the use of that | ||||||
12 | text does not accelerate or delay the taking effect of (i) the | ||||||
13 | changes made by this Act or (ii) provisions derived from any | ||||||
14 | other Public Act. | ||||||
15 | Section 99-5. Severability. The provisions of this Act are | ||||||
16 | severable under Section 1.31 of the Statute on Statutes. | ||||||
17 | Section 99-99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.". |