Illinois General Assembly - Full Text of HB4674
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4674  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/6/2024, by Rep. Bradley Fritts


5 ILCS 100/5-45.55 new
105 ILCS 5/1A-4  from Ch. 122, par. 1A-4
225 ILCS 10/2.09  from Ch. 23, par. 2212.09
225 ILCS 10/2.35 new
225 ILCS 10/3  from Ch. 23, par. 2213
225 ILCS 10/3.7 new
225 ILCS 10/4.5
225 ILCS 10/5  from Ch. 23, par. 2215
225 ILCS 10/5.1  from Ch. 23, par. 2215.1
225 ILCS 10/5.8
225 ILCS 10/5.9
225 ILCS 10/5.10
225 ILCS 10/5.11
225 ILCS 10/6  from Ch. 23, par. 2216
225 ILCS 10/7  from Ch. 23, par. 2217
225 ILCS 10/7.10
225 ILCS 10/9.1c
225 ILCS 10/9.2

    Amends the School Code. Provides that the State Board of Education shall have the power to license day care centers, licensed day care homes, and licensed group day care as described in the Child Care Act of 1969. Amends the Child Care Act of 1969. Provides that the transfer of responsibility for licensure under the Act from the Department of Children and Family Services to the State Board of Education shall begin on the effective date of the amendatory Act. Provides that the State Board of Education may adopt any rules and emergency rules and execute any intergovernmental agreements necessary to assume responsibility for the transfer. Changes references in provisions concerning day care licensing from "Department of Children and Family Services" to "State Board of Education". Makes conforming changes. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking.

LRB103 34724 SPS 64571 b





HB4674LRB103 34724 SPS 64571 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.55 as follows:
6    (5 ILCS 100/5-45.55 new)
7    Sec. 5-45.55. Emergency rulemaking; this amendatory Act of
8the 103rd General Assembly. To provide for the expeditious and
9timely implementation of this amendatory Act of the 103rd
10General Assembly, emergency rules implementing this amendatory
11Act of the 103rd General Assembly may be adopted in accordance
12with Section 5-45 by the State Board of Education. The
13adoption of emergency rules authorized by Section 5-45 and
14this Section is deemed to be necessary for the public
15interest, safety, and welfare.
16    This Section is repealed one year after the effective date
17of this amendatory Act of the 103rd General Assembly.
18    Section 10. The School Code is amended by changing Section
191A-4 as follows:
20    (105 ILCS 5/1A-4)  (from Ch. 122, par. 1A-4)
21    Sec. 1A-4. Powers and duties of the Board.



HB4674- 2 -LRB103 34724 SPS 64571 b

1    A. (Blank).
2    B. The Board shall determine the qualifications of and
3appoint a chief education officer, to be known as the State
4Superintendent of Education, who may be proposed by the
5Governor and who shall serve at the pleasure of the Board and
6pursuant to a performance-based contract linked to statewide
7student performance and academic improvement within Illinois
8schools. Upon expiration or buyout of the contract of the
9State Superintendent of Education in office on the effective
10date of this amendatory Act of the 93rd General Assembly, a
11State Superintendent of Education shall be appointed by a
12State Board of Education that includes the 7 new Board members
13who were appointed to fill seats of members whose terms were
14terminated on the effective date of this amendatory Act of the
1593rd General Assembly. Thereafter, a State Superintendent of
16Education must, at a minimum, be appointed at the beginning of
17each term of a Governor after that Governor has made
18appointments to the Board. A performance-based contract issued
19for the employment of a State Superintendent of Education
20entered into on or after the effective date of this amendatory
21Act of the 93rd General Assembly must expire no later than
22February 1, 2007, and subsequent contracts must expire no
23later than February 1 each 4 years thereafter. No contract
24shall be extended or renewed beyond February 1, 2007 and
25February 1 each 4 years thereafter, but a State Superintendent
26of Education shall serve until his or her successor is



HB4674- 3 -LRB103 34724 SPS 64571 b

1appointed. Each contract entered into on or before January 8,
22007 with a State Superintendent of Education must provide
3that the State Board of Education may terminate the contract
4for cause, and the State Board of Education shall not
5thereafter be liable for further payments under the contract.
6With regard to this amendatory Act of the 93rd General
7Assembly, it is the intent of the General Assembly that,
8beginning with the Governor who takes office on the second
9Monday of January, 2007, a State Superintendent of Education
10be appointed at the beginning of each term of a Governor after
11that Governor has made appointments to the Board. The State
12Superintendent of Education shall not serve as a member of the
13State Board of Education. The Board shall set the compensation
14of the State Superintendent of Education who shall serve as
15the Board's chief executive officer. The Board shall also
16establish the duties, powers and responsibilities of the State
17Superintendent, which shall be included in the State
18Superintendent's performance-based contract along with the
19goals and indicators of student performance and academic
20improvement used to measure the performance and effectiveness
21of the State Superintendent. The State Board of Education may
22delegate to the State Superintendent of Education the
23authority to act on the Board's behalf, provided such
24delegation is made pursuant to adopted board policy or the
25powers delegated are ministerial in nature. The State Board
26may not delegate authority under this Section to the State



HB4674- 4 -LRB103 34724 SPS 64571 b

1Superintendent to (1) nonrecognize school districts, (2)
2withhold State payments as a penalty, or (3) make final
3decisions under the contested case provisions of the Illinois
4Administrative Procedure Act unless otherwise provided by law.
5    C. The powers and duties of the State Board of Education
6shall encompass all duties delegated to the Office of
7Superintendent of Public Instruction on January 12, 1975,
8except as the law providing for such powers and duties is
9thereafter amended, and such other powers and duties as the
10General Assembly shall designate. The Board shall be
11responsible for the educational policies and guidelines for
12public schools, pre-school through grade 12 and Vocational
13Education in the State of Illinois. The Board shall analyze
14the present and future aims, needs, and requirements of
15education in the State of Illinois and recommend to the
16General Assembly the powers which should be exercised by the
17Board. The Board shall recommend the passage and the
18legislation necessary to determine the appropriate
19relationship between the Board and local boards of education
20and the various State agencies and shall recommend desirable
21modifications in the laws which affect schools. The Board
22shall license day care centers, licensed day care homes, and
23licensed group day care as described in the Child Care Act of
25    D. Two members of the Board shall be appointed by the
26chairperson to serve on a standing joint Education Committee,



HB4674- 5 -LRB103 34724 SPS 64571 b

12 others shall be appointed from the Board of Higher
2Education, 2 others shall be appointed by the chairperson of
3the Illinois Community College Board, and 2 others shall be
4appointed by the chairperson of the Human Resource Investment
5Council. The Committee shall be responsible for making
6recommendations concerning the submission of any workforce
7development plan or workforce training program required by
8federal law or under any block grant authority. The Committee
9will be responsible for developing policy on matters of mutual
10concern to elementary, secondary and higher education such as
11Occupational and Career Education, Teacher Preparation and
12Licensure, Educational Finance, Articulation between
13Elementary, Secondary and Higher Education and Research and
14Planning. The joint Education Committee shall meet at least
15quarterly and submit an annual report of its findings,
16conclusions, and recommendations to the State Board of
17Education, the Board of Higher Education, the Illinois
18Community College Board, the Human Resource Investment
19Council, the Governor, and the General Assembly. All meetings
20of this Committee shall be official meetings for reimbursement
21under this Act. On the effective date of this amendatory Act of
22the 95th General Assembly, the Joint Education Committee is
24    E. Five members of the Board shall constitute a quorum. A
25majority vote of the members appointed, confirmed and serving
26on the Board is required to approve any action, except that the



HB4674- 6 -LRB103 34724 SPS 64571 b

17 new Board members who were appointed to fill seats of members
2whose terms were terminated on the effective date of this
3amendatory act of the 93rd General Assembly may vote to
4approve actions when appointed and serving.
5    F. Upon appointment of the 7 new Board members who were
6appointed to fill seats of members whose terms were terminated
7on the effective date of this amendatory Act of the 93rd
8General Assembly, the Board shall review all of its current
9rules in an effort to streamline procedures, improve
10efficiency, and eliminate unnecessary forms and paperwork.
11(Source: P.A. 102-894, eff. 5-20-22.)
12    Section 15. The Child Care Act of 1969 is amended by
13changing Sections 2.09, 3, 4.5, 5, 5.1, 5.8, 5.9, 5.10, 5.11,
146, 7, 7.10, 9.1c, and 9.2 and by adding Sections 2.35 and 3.7
15as follows:
16    (225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)
17    Sec. 2.09. "Day care center" means any child care facility
18which regularly provides day care for less than 24 hours per
19day for (1) more than 8 children in a family home, or (2) more
20than 3 children in a facility other than a family home,
21including senior citizen buildings.
22    The term does not include:
23        (a) programs operated by (i) public or private
24    elementary school systems or secondary level school units



HB4674- 7 -LRB103 34724 SPS 64571 b

1    or institutions of higher learning that serve children who
2    shall have attained the age of 3 years or (ii) private
3    entities on the grounds of public or private elementary or
4    secondary schools and that serve children who have
5    attained the age of 3 years, except that this exception
6    applies only to the facility and not to the private
7    entities' personnel operating the program;
8        (b) programs or that portion of the program which
9    serves children who shall have attained the age of 3 years
10    and which are recognized by the State Board of Education;
11        (c) educational program or programs serving children
12    who shall have attained the age of 3 years and which are
13    operated by a school which is registered with the State
14    Board of Education and which is recognized or accredited
15    by a recognized national or multistate educational
16    organization or association which regularly recognizes or
17    accredits schools;
18        (d) programs which exclusively serve or that portion
19    of the program which serves children with disabilities who
20    shall have attained the age of 3 years but are less than 21
21    years of age and which are registered and approved as
22    meeting standards of the State Board of Education and
23    applicable fire marshal standards;
24        (e) facilities operated in connection with a shopping
25    center or service, religious services, or other similar
26    facility, where transient children are cared for



HB4674- 8 -LRB103 34724 SPS 64571 b

1    temporarily while parents or custodians of the children
2    are occupied on the premises and readily available;
3        (f) any type of day care center that is conducted on
4    federal government premises;
5        (g) special activities programs, including athletics,
6    recreation, crafts instruction, and similar activities
7    conducted on an organized and periodic basis by civic,
8    charitable and governmental organizations, including, but
9    not limited to, programs offered by park districts
10    organized under the Park District Code to children who
11    shall have attained the age of 3 years old if the program
12    meets no more than 3.5 continuous hours at a time or less
13    and no more than 25 hours during any week, and the park
14    district conducts background investigations on employees
15    of the program pursuant to Section 8-23 of the Park
16    District Code;
17        (h) part day child care facilities, as defined in
18    Section 2.10 of this Act;
19        (i) programs or that portion of the program which:
20            (1) serves children who shall have attained the
21        age of 3 years;
22            (2) is operated by churches or religious
23        institutions as described in Section 501(c)(3) of the
24        federal Internal Revenue Code;
25            (3) receives no governmental aid;
26            (4) is operated as a component of a religious,



HB4674- 9 -LRB103 34724 SPS 64571 b

1        nonprofit elementary school;
2            (5) operates primarily to provide religious
3        education; and
4            (6) meets appropriate State or local health and
5        fire safety standards; or
6        (j) programs or portions of programs that:
7            (1) serve only school-age children and youth
8        (defined as full-time kindergarten children, as
9        defined in 89 Ill. Adm. Code 407.45, or older);
10            (2) are organized to promote childhood learning,
11        child and youth development, educational or
12        recreational activities, or character-building;
13            (3) operate primarily during out-of-school time or
14        at times when school is not normally in session;
15            (4) comply with the standards of the Illinois
16        Department of Public Health (77 Ill. Adm. Code 750) or
17        the local health department, the Illinois State Fire
18        Marshal (41 Ill. Adm. Code 100), and the following
19        additional health and safety requirements: procedures
20        for employee and volunteer emergency preparedness and
21        practice drills; procedures to ensure that first aid
22        kits are maintained and ready to use; the placement of
23        a minimum level of liability insurance as determined
24        by the State Board Department; procedures for the
25        availability of a working telephone that is onsite and
26        accessible at all times; procedures to ensure that



HB4674- 10 -LRB103 34724 SPS 64571 b

1        emergency phone numbers are posted onsite; and a
2        restriction on handgun or weapon possession onsite,
3        except if possessed by a peace officer;
4            (5) perform and maintain authorization and results
5        of criminal history checks through the Illinois State
6        Police and FBI and checks of the Illinois Sex Offender
7        Registry, the National Sex Offender Registry, and
8        Child Abuse and Neglect Tracking System for employees
9        and volunteers who work directly with children;
10            (6) make hiring decisions in accordance with the
11        prohibitions against barrier crimes as specified in
12        Section 4.2 of this Act or in Section 21B-80 of the
13        School Code;
14            (7) provide parents with written disclosure that
15        the operations of the program are not regulated by
16        licensing requirements; and
17            (8) obtain and maintain records showing the first
18        and last name and date of birth of the child, name,
19        address, and telephone number of each parent,
20        emergency contact information, and written
21        authorization for medical care.
22    Programs or portions of programs requesting Child Care
23Assistance Program (CCAP) funding and otherwise meeting the
24requirements under item (j) shall request exemption from the
25State Board Department and be determined exempt prior to
26receiving funding and must annually meet the eligibility



HB4674- 11 -LRB103 34724 SPS 64571 b

1requirements and be appropriate for payment under the CCAP.
2    Programs or portions of programs under item (j) that do
3not receive State or federal funds must comply with staff
4qualification and training standards established by rule by
5the Department of Human Services. The Department of Human
6Services shall set such standards after review of Afterschool
7for Children and Teens Now (ACT Now) evidence-based quality
8standards developed for school-age out-of-school time
9programs, feedback from the school-age out-of-school time
10program professionals, and review of out-of-school time
11professional development frameworks and quality tools.
12    Out-of-school time programs for school-age youth that
13receive State or federal funds must comply with only those
14staff qualifications and training standards set for the
15program by the State or federal entity issuing the funds.
16    For purposes of items (a), (b), (c), (d), and (i) of this
17Section, "children who shall have attained the age of 3 years"
18shall mean children who are 3 years of age, but less than 4
19years of age, at the time of enrollment in the program.
20(Source: P.A. 103-153, eff. 6-30-23.)
21    (225 ILCS 10/2.35 new)
22    Sec. 2.35. State Board. "State Board" means the State
23Board of Education.
24    (225 ILCS 10/3)  (from Ch. 23, par. 2213)



HB4674- 12 -LRB103 34724 SPS 64571 b

1    Sec. 3. (a) No person, group of persons or corporation may
2operate or conduct any facility for child care, as defined in
3this Act, without a license or permit issued by the Department
4or State Board or without being approved by the Department or
5State Board as meeting the standards established for such
6licensing, with the exception of facilities for whom standards
7are established by the Department of Corrections under Section
83-15-2 of the Unified Code of Corrections and with the
9exception of facilities defined in Section 2.10 of this Act,
10and with the exception of programs or facilities licensed by
11the Department of Human Services under the Substance Use
12Disorder Act.
13    (b) No part day child care facility as described in
14Section 2.10 may operate without written notification to the
15State Board Department or without complying with Section 7.1.
16Notification shall include a notarized statement by the
17facility that the facility complies with state or local health
18standards and state fire safety standards, and shall be filed
19with the State Board department every 2 years.
20    (c) The Director of the Department shall establish
21policies and coordinate activities relating to child care
22licensing, except as provided in subsection (c-5) , licensing
23of day care homes and day care centers.
24    (c-5) The State Superintendent of Education shall
25establish policies and coordinate activities relating to the
26licensing of day care homes and day care centers.



HB4674- 13 -LRB103 34724 SPS 64571 b

1    (d) Any facility or agency which is exempt from licensing
2may apply for licensing if licensing is required for some
3government benefit.
4    (e) A provider of day care described in items (a) through
5(j) of Section 2.09 of this Act is exempt from licensure. The
6State Board Department shall provide written verification of
7exemption and description of compliance with standards for the
8health, safety, and development of the children who receive
9the services upon submission by the provider of, in addition
10to any other documentation required by the State Board
11Department, a notarized statement that the facility complies
12with: (1) the standards of the Department of Public Health or
13local health department, (2) the fire safety standards of the
14State Fire Marshal, and (3) if operated in a public school
15building, the health and safety standards of the State Board
16of Education as described in the School Code.
17(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)
18    (225 ILCS 10/3.7 new)
19    Sec. 3.7. Transfer of day care center and part day child
20care facility licensing functions.
21    (a) Responsibility for the licensing of day care centers,
22day care homes, and group day care homes under this Act is
23transferred from the Department of Children and Family
24Services to the State Board of Education on the effective date
25of this amendatory Act of the 103rd General Assembly.



HB4674- 14 -LRB103 34724 SPS 64571 b

1    (b) The State Board of Education may adopt any rules and
2emergency rules and execute any intergovernmental agreements
3necessary to assume responsibility for the licensure of day
4care centers and part day child care facilities under this
6    (225 ILCS 10/4.5)
7    Sec. 4.5. Children with disabilities; training.
8    (a) An owner or operator of a licensed day care home or
9group day care home or the onsite executive director of a
10licensed day care center must successfully complete a basic
11training course in providing care to children with
12disabilities. The basic training course will also be made
13available on a voluntary basis to those providers who are
14exempt from the licensure requirements of this Act.
15    (b) The State Board Department of Children and Family
16Services shall promulgate rules establishing the requirements
17for basic training in providing care to children with
19(Source: P.A. 92-164, eff. 1-1-02.)
20    (225 ILCS 10/5)  (from Ch. 23, par. 2215)
21    Sec. 5. (a) In respect to child care institutions,
22maternity centers, child welfare agencies, day care centers,
23day care agencies and group homes, the Department, upon
24receiving application filed in proper order, shall examine the



HB4674- 15 -LRB103 34724 SPS 64571 b

1facilities and persons responsible for care of children
3    (a-5) In respect to day care centers and day care
4agencies, the State Board, upon receiving application filed in
5proper order, shall examine the facilities and persons
6responsible for care of children therein.
7    (b) In respect to foster family and day care homes,
8applications may be filed on behalf of such homes by a licensed
9child welfare agency, by a State agency authorized to place
10children in foster care or by out-of-State agencies approved
11by the Department or State Board to place children in this
12State. In respect to day care homes, applications may be filed
13on behalf of such homes by a licensed day care agency or
14licensed child welfare agency. In applying for license in
15behalf of a home in which children are placed by and remain
16under supervision of the applicant agency, such agency shall
17certify that the home and persons responsible for care of
18unrelated children therein, or the home and relatives, as
19defined in Section 2.17 of this Act, responsible for the care
20of related children therein, were found to be in reasonable
21compliance with standards prescribed by the Department or
22State Board for the type of care indicated.
23    (c) The Department or State Board shall not allow any
24person to examine facilities under a provision of this Act who
25has not passed an examination demonstrating that such person
26is familiar with this Act and with the appropriate standards



HB4674- 16 -LRB103 34724 SPS 64571 b

1and regulations of the Department or State Board.
2    (d) With the exception of day care centers, day care
3homes, and group day care homes, licenses shall be issued in
4such form and manner as prescribed by the Department and are
5valid for 4 years from the date issued, unless revoked by the
6Department or voluntarily surrendered by the licensee.
7Licenses issued for day care centers, day care homes, and
8group day care homes shall be valid for 3 years from the date
9issued, unless revoked by the State Board Department or
10voluntarily surrendered by the licensee. When a licensee has
11made timely and sufficient application for the renewal of a
12license or a new license with reference to any activity of a
13continuing nature, the existing license shall continue in full
14force and effect for up to 30 days until the final agency
15decision on the application has been made. The Department or
16State Board may further extend the period in which such
17decision must be made in individual cases for up to 30 days,
18but such extensions shall be only upon good cause shown.
19    (e) The Department or State Board may issue one 6-month
20permit to a newly established facility for child care to allow
21that facility reasonable time to become eligible for a full
22license. If the facility for child care is a foster family
23home, or day care home the Department or State Board may issue
24one 2-month permit only.
25    (f) The Department or State Board may issue an emergency
26permit to a child care facility taking in children as a result



HB4674- 17 -LRB103 34724 SPS 64571 b

1of the temporary closure for more than 2 weeks of a licensed
2child care facility due to a natural disaster. An emergency
3permit under this subsection shall be issued to a facility
4only if the persons providing child care services at the
5facility were employees of the temporarily closed day care
6center at the time it was closed. No investigation of an
7employee of a child care facility receiving an emergency
8permit under this subsection shall be required if that
9employee has previously been investigated at another child
10care facility. No emergency permit issued under this
11subsection shall be valid for more than 90 days after the date
12of issuance.
13    (g) During the hours of operation of any licensed child
14care facility, authorized representatives of the Department or
15State Board may without notice visit the facility for the
16purpose of determining its continuing compliance with this Act
17or regulations adopted pursuant thereto.
18    (h) Day care centers, day care homes, and group day care
19homes shall be monitored at least annually by a licensing
20representative from the State Board Department or the agency
21that recommended licensure.
22(Source: P.A. 98-804, eff. 1-1-15.)
23    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)
24    Sec. 5.1. (a) The Department and State Board shall ensure
25that no day care center, group home, or child care institution



HB4674- 18 -LRB103 34724 SPS 64571 b

1as defined in this Act shall on a regular basis transport a
2child or children with any motor vehicle unless such vehicle
3is operated by a person who complies with the following
5        1. is 21 years of age or older;
6        2. currently holds a valid driver's license, which has
7    not been revoked or suspended for one or more traffic
8    violations during the 3 years immediately prior to the
9    date of application;
10        3. demonstrates physical fitness to operate vehicles
11    by submitting the results of a medical examination
12    conducted by a licensed physician;
13        4. has not been convicted of more than 2 offenses
14    against traffic regulations governing the movement of
15    vehicles within a 12-month twelve month period;
16        5. has not been convicted of reckless driving or
17    driving under the influence or manslaughter or reckless
18    homicide resulting from the operation of a motor vehicle
19    within the past 3 years;
20        6. has signed and submitted a written statement
21    certifying that the person has not, through the unlawful
22    operation of a motor vehicle, caused a crash which
23    resulted in the death of any person within the 5 years
24    immediately prior to the date of application.
25    However, such day care centers, group homes, and child
26care institutions may provide for transportation of a child or



HB4674- 19 -LRB103 34724 SPS 64571 b

1children for special outings, functions, or purposes that are
2not scheduled on a regular basis without verification that
3drivers for such purposes meet the requirements of this
5    (a-5) As a means of ensuring compliance with the
6requirements set forth in subsection (a), the Department and
7State Board shall implement appropriate measures to verify
8that every individual who is employed at a group home or child
9care institution meets those requirements.
10    For every person employed at a group home or child care
11institution who regularly transports children in the course of
12performing the person's duties, the Department and State Board
13must make the verification every 2 years. Upon the
14Department's or State Board's request, the Secretary of State
15shall provide the Department or State Board with the
16information necessary to enable the Department or State Board
17to make the verifications required under subsection (a).
18    In the case of an individual employed at a group home or
19child care institution who becomes subject to subsection (a)
20for the first time after January 1, 2007 (the effective date of
21Public Act 94-943) this amendatory Act of the 94th General
22Assembly, the Department or State Board must make that
23verification with the Secretary of State before the individual
24operates a motor vehicle to transport a child or children
25under the circumstances described in subsection (a).
26    In the case of an individual employed at a group home or



HB4674- 20 -LRB103 34724 SPS 64571 b

1child care institution who is subject to subsection (a) on
2January 1, 2007 (the effective date of Public Act 94-943) this
3amendatory Act of the 94th General Assembly, the Department or
4State Board must make that verification with the Secretary of
5State within 30 days after January 1, 2007 that effective
7    If the Department or State Board discovers that an
8individual fails to meet the requirements set forth in
9subsection (a), the Department or State Board shall promptly
10notify the appropriate group home or child care institution.
11    (b) Any individual who holds a valid Illinois school bus
12driver permit issued by the Secretary of State pursuant to the
13The Illinois Vehicle Code, and who is currently employed by a
14school district or parochial school, or by a contractor with a
15school district or parochial school, to drive a school bus
16transporting children to and from school, shall be deemed in
17compliance with the requirements of subsection (a).
18    (c) The Department or State Board may, pursuant to Section
198 of this Act, revoke the license of any day care center, group
20home, or child care institution that fails to meet the
21requirements of this Section.
22    (d) A group home or child care institution that fails to
23meet the requirements of this Section is guilty of a petty
24offense and is subject to a fine of not more than $1,000. Each
25day that a group home or child care institution fails to meet
26the requirements of this Section is a separate offense.



HB4674- 21 -LRB103 34724 SPS 64571 b

1(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
2revised 9-21-23.)
3    (225 ILCS 10/5.8)
4    Sec. 5.8. Radon testing of licensed day care centers,
5licensed day care homes, and licensed group day care homes.
6    (a) Effective January 1, 2013, licensed day care centers,
7licensed day care homes, and licensed group day care homes
8shall have the facility tested for radon at least once every 3
9years pursuant to rules established by the Illinois Emergency
10Management Agency.
11    (b) Effective January 1, 2014, as part of an initial
12application or application for renewal of a license for day
13care centers, day care homes, and group day care homes, the
14State Board Department shall require proof the facility has
15been tested within the last 3 years for radon pursuant to rules
16established by the Illinois Emergency Management Agency.
17    (c) The report of the most current radon measurement shall
18be posted in the facility next to the license issued by the
19State Board Department. Copies of the report shall be provided
20to parents or guardians upon request.
21    (d) Included with the report referenced in subsection (c)
22shall be the following statement:
23        "Every parent or guardian is notified that this
24    facility has performed radon measurements to ensure the
25    health and safety of the occupants. The Illinois Emergency



HB4674- 22 -LRB103 34724 SPS 64571 b

1    Management Agency (IEMA) recommends that all residential
2    homes be tested and that corrective actions be taken at
3    levels equal to or greater than 4.0 pCi/L. Radon is a Class
4    A human carcinogen, the leading cause of lung cancer in
5    non-smokers, and the second leading cause of lung cancer
6    overall. For additional information about this facility
7    contact the licensee and for additional information
8    regarding radon contact the IEMA Radon Program at
9    800-325-1245 or on the Internet at
11(Source: P.A. 97-981, eff. 1-1-13.)
12    (225 ILCS 10/5.9)
13    Sec. 5.9. Lead testing of water in licensed day care
14centers, day care homes and group day care homes.
15    (a) On or before January 1, 2018, the State Board
16Department, in consultation with the Department of Public
17Health, shall adopt rules that prescribe the procedures and
18standards to be used by the State Board Department in
19assessing levels of lead in water in licensed day care
20centers, day care homes, and group day care homes constructed
21on or before January 1, 2000 that serve children under the age
22of 6. Such rules shall, at a minimum, include provisions
23regarding testing parameters, the notification of sampling
24results, training requirements for lead exposure and



HB4674- 23 -LRB103 34724 SPS 64571 b

1    (b) After adoption of the rules required by subsection
2(a), and as part of an initial application or application for
3renewal of a license for day care centers, day care homes, and
4group day care homes, the State Board Department shall require
5proof that the applicant has complied with all such rules.
6(Source: P.A. 99-922, eff. 1-17-17.)
7    (225 ILCS 10/5.10)
8    Sec. 5.10. Child care limitation on expulsions. Consistent
9with the purposes of this amendatory Act of the 100th General
10Assembly and the requirements therein under paragraph (7) of
11subsection (a) of Section 2-3.71 of the School Code, the State
12Board Department, in consultation with the Governor's Office
13of Early Childhood Development and the State Board of
14Education, shall adopt rules prohibiting the use of expulsion
15due to a child's persistent and serious challenging behaviors
16in licensed day care centers, day care homes, and group day
17care homes. The rulemaking shall address, at a minimum,
18requirements for licensees to establish intervention and
19transition policies, notify parents of policies, document
20intervention steps, and collect and report data on children
21transitioning out of the program.
22(Source: P.A. 100-105, eff. 1-1-18.)
23    (225 ILCS 10/5.11)
24    Sec. 5.11. Plan for anaphylactic shock. The State Board



HB4674- 24 -LRB103 34724 SPS 64571 b

1Department shall require each licensed day care center, day
2care home, and group day care home to have a plan for
3anaphylactic shock to be followed for the prevention of
4anaphylaxis and during a medical emergency resulting from
5anaphylaxis. The plan should be based on the guidance and
6recommendations provided by the American Academy of Pediatrics
7relating to the management of food allergies or other
8allergies. The plan should be shared with parents or guardians
9upon enrollment at each licensed day care center, day care
10home, and group day care home. If a child requires specific
11specialized treatment during an episode of anaphylaxis, that
12child's treatment plan should be kept by the staff of the day
13care center, day care home, or group day care home and followed
14in the event of an emergency. Each licensed day care center,
15day care home, and group day care home shall have at least one
16staff member present at all times who has taken a training
17course in recognizing and responding to anaphylaxis.
18(Source: P.A. 102-413, eff. 8-20-21.)
19    (225 ILCS 10/6)  (from Ch. 23, par. 2216)
20    Sec. 6. (a) A licensed facility operating as a "child care
21institution", "maternity center", or "child welfare agency",
22"day care agency" or "day care center" must apply for renewal
23of its license held, the application to be made to the
24Department on forms prescribed by it.
25    (a-5) A licensed facility operating as a "day care agency"



HB4674- 25 -LRB103 34724 SPS 64571 b

1or "day care center" must apply for renewal of its license
2held, the application to be made to the State Board on forms
3prescribed by it.
4    (b) The Department or State Board, a duly licensed child
5welfare agency or a suitable agency or person designated by
6the Department or State Board as its agent to do so, must
7re-examine every child care facility for renewal of license,
8including in that process the examination of the premises and
9records of the facility as the Department or State Board
10considers necessary to determine that minimum standards for
11licensing continue to be met, and random surveys of parents or
12legal guardians who are consumers of such facilities' services
13to assess the quality of care at such facilities. In the case
14of foster family homes, or day care homes under the
15supervision of or otherwise required to be licensed by the
16Department, or under supervision of a licensed child welfare
17agency or day care agency, the examination shall be made by the
18Department, or agency supervising such homes. If the
19Department is satisfied that the facility continues to
20maintain minimum standards which it prescribes and publishes,
21it shall renew the license to operate the facility.
22    (b-5) In the case of a quality of care concerns applicant
23as defined in Section 2.22a of this Act, in addition to the
24examination required in subsection (b) of this Section, the
25Department shall not renew the license of a quality of care
26concerns applicant unless the Department is satisfied that the



HB4674- 26 -LRB103 34724 SPS 64571 b

1foster family home does not pose a risk to children and that
2the foster family home will be able to meet the physical and
3emotional needs of children. In making this determination, the
4Department must obtain and carefully review all relevant
5documents and shall obtain consultation from its Clinical
6Division as appropriate and as prescribed by Department rule
7and procedure. The Department has the authority to deny an
8application for renewal based on a record of quality of care
9concerns. In the alternative, the Department may (i) approve
10the application for renewal subject to obtaining additional
11information or assessments, (ii) approve the application for
12renewal for purposes of placing or maintaining only a
13particular child or children only in the foster home, or (iii)
14approve the application for renewal. The Department shall
15notify the quality of care concerns applicant of its decision
16and the basis for its decision in writing.
17    (b-10) In the case of day care homes under the supervision
18of or otherwise required to be licensed by the State Board or
19under supervision of a licensed day care center the
20examination shall be made by the State Board or agency
21supervising such homes. If the State Board is satisfied that
22the facility continues to maintain minimum standards which it
23prescribes and publishes, it shall renew the license to
24operate the facility.
25    (c) If a child care facility's license, other than a
26license for a foster family home, is revoked, or if the



HB4674- 27 -LRB103 34724 SPS 64571 b

1Department or State Board refuses to renew a facility's
2license, the facility may not reapply for a license before the
3expiration of 12 months following the Department's or State
4Board's action; provided, however, that the denial of a
5reapplication for a license pursuant to this subsection must
6be supported by evidence that the prior revocation renders the
7applicant unqualified or incapable of satisfying the standards
8and rules promulgated by the Department or State Board
9pursuant to this Act or maintaining a facility which adheres
10to such standards and rules.
11    (d) If a foster family home license (i) is revoked, (ii) is
12surrendered for cause, or (iii) expires or is surrendered with
13either certain types of involuntary placement holds in place
14or while a licensing or child abuse or neglect investigation
15is pending, or if the Department refuses to renew a foster home
16license, the foster home may not reapply for a license before
17the expiration of 5 years following the Department's action or
18following the expiration or surrender of the license.
19(Source: P.A. 99-779, eff. 1-1-17.)
20    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
21    Sec. 7. (a) The Department and State Board must prescribe
22and publish minimum standards for licensing that apply to the
23various types of facilities for child care defined in this Act
24and that are equally applicable to like institutions under the
25control of the Department or State Board and to foster family



HB4674- 28 -LRB103 34724 SPS 64571 b

1homes used by and under the direct supervision of the
2Department. The Department and State Board shall seek the
3advice and assistance of persons representative of the various
4types of child care facilities in establishing such standards.
5The standards prescribed and published under this Act take
6effect as provided in the Illinois Administrative Procedure
7Act, and are restricted to regulations pertaining to the
8following matters and to any rules and regulations required or
9permitted by any other Section of this Act:
10        (1) The operation and conduct of the facility and
11    responsibility it assumes for child care;
12        (2) The character, suitability and qualifications of
13    the applicant and other persons directly responsible for
14    the care and welfare of children served. All child day
15    care center licensees and employees who are required to
16    report child abuse or neglect under the Abused and
17    Neglected Child Reporting Act shall be required to attend
18    training on recognizing child abuse and neglect, as
19    prescribed by Department or State Board rules;
20        (3) The general financial ability and competence of
21    the applicant to provide necessary care for children and
22    to maintain prescribed standards;
23        (4) The number of individuals or staff required to
24    insure adequate supervision and care of the children
25    received. The standards shall provide that each child care
26    institution, maternity center, day care center, group



HB4674- 29 -LRB103 34724 SPS 64571 b

1    home, day care home, and group day care home shall have on
2    its premises during its hours of operation at least one
3    staff member certified in first aid, in the Heimlich
4    maneuver and in cardiopulmonary resuscitation by the
5    American Red Cross or other organization approved by rule
6    of the Department or State Board. Child welfare agencies
7    shall not be subject to such a staffing requirement. The
8    Department or State Board may offer, or arrange for the
9    offering, on a periodic basis in each community in this
10    State in cooperation with the American Red Cross, the
11    American Heart Association or other appropriate
12    organization, voluntary programs to train operators of
13    foster family homes and day care homes in first aid and
14    cardiopulmonary resuscitation;
15        (5) The appropriateness, safety, cleanliness, and
16    general adequacy of the premises, including maintenance of
17    adequate fire prevention and health standards conforming
18    to State laws and municipal codes to provide for the
19    physical comfort, care, and well-being of children
20    received;
21        (6) Provisions for food, clothing, educational
22    opportunities, program, equipment and individual supplies
23    to assure the healthy physical, mental, and spiritual
24    development of children served;
25        (7) Provisions to safeguard the legal rights of
26    children served;



HB4674- 30 -LRB103 34724 SPS 64571 b

1        (8) Maintenance of records pertaining to the
2    admission, progress, health, and discharge of children,
3    including, for day care centers and day care homes,
4    records indicating each child has been immunized as
5    required by State regulations. The Department or State
6    Board shall require proof that children enrolled in a
7    facility have been immunized against Haemophilus
8    Influenzae B (HIB);
9        (9) Filing of reports with the Department or State
10    Board;
11        (10) Discipline of children;
12        (11) Protection and fostering of the particular
13    religious faith of the children served;
14        (12) Provisions prohibiting firearms on day care
15    center premises except in the possession of peace
16    officers;
17        (13) Provisions prohibiting handguns on day care home
18    premises except in the possession of peace officers or
19    other adults who must possess a handgun as a condition of
20    employment and who reside on the premises of a day care
21    home;
22        (14) Provisions requiring that any firearm permitted
23    on day care home premises, except handguns in the
24    possession of peace officers, shall be kept in a
25    disassembled state, without ammunition, in locked storage,
26    inaccessible to children and that ammunition permitted on



HB4674- 31 -LRB103 34724 SPS 64571 b

1    day care home premises shall be kept in locked storage
2    separate from that of disassembled firearms, inaccessible
3    to children;
4        (15) Provisions requiring notification of parents or
5    guardians enrolling children at a day care home of the
6    presence in the day care home of any firearms and
7    ammunition and of the arrangements for the separate,
8    locked storage of such firearms and ammunition;
9        (16) Provisions requiring all licensed child care
10    facility employees who care for newborns and infants to
11    complete training every 3 years on the nature of sudden
12    unexpected infant death (SUID), sudden infant death
13    syndrome (SIDS), and the safe sleep recommendations of the
14    American Academy of Pediatrics; and
15        (17) With respect to foster family homes, provisions
16    requiring the Department to review quality of care
17    concerns and to consider those concerns in determining
18    whether a foster family home is qualified to care for
19    children.
20    By July 1, 2022, all licensed day care home providers,
21licensed group day care home providers, and licensed day care
22center directors and classroom staff shall participate in at
23least one training that includes the topics of early childhood
24social emotional learning, infant and early childhood mental
25health, early childhood trauma, or adverse childhood
26experiences. Current licensed providers, directors, and



HB4674- 32 -LRB103 34724 SPS 64571 b

1classroom staff shall complete training by July 1, 2022 and
2shall participate in training that includes the above topics
3at least once every 3 years.
4    (b) If, in a facility for general child care, there are
5children diagnosed as mentally ill or children diagnosed as
6having an intellectual or physical disability, who are
7determined to be in need of special mental treatment or of
8nursing care, or both mental treatment and nursing care, the
9Department or State Board shall seek the advice and
10recommendation of the Department of Human Services, the
11Department of Public Health, or both Departments regarding the
12residential treatment and nursing care provided by the
14    (c) The Department shall investigate any person applying
15to be licensed as a foster parent to determine whether there is
16any evidence of current drug or alcohol abuse in the
17prospective foster family. The Department shall not license a
18person as a foster parent if drug or alcohol abuse has been
19identified in the foster family or if a reasonable suspicion
20of such abuse exists, except that the Department may grant a
21foster parent license to an applicant identified with an
22alcohol or drug problem if the applicant has successfully
23participated in an alcohol or drug treatment program,
24self-help group, or other suitable activities and if the
25Department determines that the foster family home can provide
26a safe, appropriate environment and meet the physical and



HB4674- 33 -LRB103 34724 SPS 64571 b

1emotional needs of children.
2    (d) The Department and State Board, in applying standards
3prescribed and published, as herein provided, shall offer
4consultation through employed staff or other qualified persons
5to assist applicants and licensees in meeting and maintaining
6minimum requirements for a license and to help them otherwise
7to achieve programs of excellence related to the care of
8children served. Such consultation shall include providing
9information concerning education and training in early
10childhood development to providers of day care home services.
11The Department and State Board may provide or arrange for such
12education and training for those providers who request such
14    (e) The Department and State Board shall distribute copies
15of licensing standards to all licensees and applicants for a
16license. Each licensee or holder of a permit shall distribute
17copies of the appropriate licensing standards and any other
18information required by the Department or State Board to child
19care facilities under its supervision. Each licensee or holder
20of a permit shall maintain appropriate documentation of the
21distribution of the standards. Such documentation shall be
22part of the records of the facility and subject to inspection
23by authorized representatives of the Department or State
25    (f) The Department and State Board shall prepare summaries
26of day care licensing standards. Each licensee or holder of a



HB4674- 34 -LRB103 34724 SPS 64571 b

1permit for a day care facility shall distribute a copy of the
2appropriate summary and any other information required by the
3Department or State Board, to the legal guardian of each child
4cared for in that facility at the time when the child is
5enrolled or initially placed in the facility. The licensee or
6holder of a permit for a day care facility shall secure
7appropriate documentation of the distribution of the summary
8and brochure. Such documentation shall be a part of the
9records of the facility and subject to inspection by an
10authorized representative of the Department or State Board.
11    (g) The Department and State Board shall distribute to
12each licensee and holder of a permit copies of the licensing or
13permit standards applicable to such person's facility. Each
14licensee or holder of a permit shall make available by posting
15at all times in a common or otherwise accessible area a
16complete and current set of licensing standards in order that
17all employees of the facility may have unrestricted access to
18such standards. All employees of the facility shall have
19reviewed the standards and any subsequent changes. Each
20licensee or holder of a permit shall maintain appropriate
21documentation of the current review of licensing standards by
22all employees. Such records shall be part of the records of the
23facility and subject to inspection by authorized
24representatives of the Department or State Board.
25    (h) Any standards involving physical examinations,
26immunization, or medical treatment shall include appropriate



HB4674- 35 -LRB103 34724 SPS 64571 b

1exemptions for children whose parents object thereto on the
2grounds that they conflict with the tenets and practices of a
3recognized church or religious organization, of which the
4parent is an adherent or member, and for children who should
5not be subjected to immunization for clinical reasons.
6    (i) The State Board Department, in cooperation with the
7Department of Public Health, shall work to increase
8immunization awareness and participation among parents of
9children enrolled in day care centers and day care homes by
10publishing on the State Board's Department's website
11information about the benefits of immunization against vaccine
12preventable diseases, including influenza and pertussis. The
13information for vaccine preventable diseases shall include the
14incidence and severity of the diseases, the availability of
15vaccines, and the importance of immunizing children and
16persons who frequently have close contact with children. The
17website content shall be reviewed annually in collaboration
18with the Department of Public Health to reflect the most
19current recommendations of the Advisory Committee on
20Immunization Practices (ACIP). The State Board Department
21shall work with day care centers and day care homes licensed
22under this Act to ensure that the information is annually
23distributed to parents in August or September.
24    (j) Any standard adopted by the State Board Department
25that requires an applicant for a license to operate a day care
26home to include a copy of a high school diploma or equivalent



HB4674- 36 -LRB103 34724 SPS 64571 b

1certificate with the person's application shall be deemed to
2be satisfied if the applicant includes a copy of a high school
3diploma or equivalent certificate or a copy of a degree from an
4accredited institution of higher education or vocational
5institution or equivalent certificate.
6(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
7    (225 ILCS 10/7.10)
8    Sec. 7.10. Progress report.
9    (a) For the purposes of this Section, "child day care
10licensing" or "day care licensing" means licensing of day care
11centers, day care homes, and group day care homes.
12    (b) No later than September 30th of each year, the State
13Board Department shall provide the General Assembly with a
14comprehensive report on its progress in meeting performance
15measures and goals related to child day care licensing.
16    (c) The report shall include:
17        (1) details on the funding for child day care
18    licensing, including:
19            (A) the total number of full-time employees
20        working on child day care licensing;
21            (B) the names of all sources of revenue used to
22        support child day care licensing;
23            (C) the amount of expenditures that is claimed
24        against federal funding sources;
25            (D) the identity of federal funding sources; and



HB4674- 37 -LRB103 34724 SPS 64571 b

1            (E) how funds are appropriated, including
2        appropriations for line staff, support staff,
3        supervisory staff, and training and other expenses and
4        the funding history of such licensing since fiscal
5        year 2010;
6        (2) current staffing qualifications of day care
7    licensing representatives and day care licensing
8    supervisors in comparison with staffing qualifications
9    specified in the job description;
10        (3) data history for fiscal year 2010 to the current
11    fiscal year on day care licensing representative caseloads
12    and staffing levels in all areas of the State;
13        (4) per the DCFS Child Day Care Licensing Advisory
14    Council's work plan, quarterly data on the following
15    measures:
16            (A) the percentage of new applications disposed of
17        within 90 days;
18            (B) the percentage of licenses renewed on time;
19            (C) the percentage of day care centers receiving
20        timely annual monitoring visits;
21            (D) the percentage of day care homes receiving
22        timely annual monitoring visits;
23            (E) the percentage of group day care homes
24        receiving timely annual monitoring visits;
25            (F) the percentage of provider requests for
26        supervisory review;



HB4674- 38 -LRB103 34724 SPS 64571 b

1            (G) the progress on adopting a key indicator
2        system;
3            (H) the percentage of complaints disposed of
4        within 30 days;
5            (I) the average number of days a day care center
6        applicant must wait to attend a licensing orientation;
7            (J) the number of licensing orientation sessions
8        available per region in the past year; and
9            (K) the number of State Board Department trainings
10        related to licensing and child development available
11        to providers in the past year; and
12        (5) efforts to coordinate with the Department of Human
13    Services and the State Board of Education on professional
14    development, credentialing issues, and child developers,
15    including training registry, child developers, and Quality
16    Rating and Improvement Systems (QRIS).
17    (d) The State Board Department shall work with the
18Governor's appointed Early Learning Council on issues related
19to and concerning child day care.
20(Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15.)
21    (225 ILCS 10/9.1c)
22    Sec. 9.1c. Public database of day care homes, group day
23care homes, and day care centers; license status. No later
24than July 1, 2018, the State Board Department shall establish
25and maintain on its official website a searchable database,



HB4674- 39 -LRB103 34724 SPS 64571 b

1freely accessible to the public, that provides the following
2information on each day care home, group day care home, and day
3care center licensed by the State Board Department: whether,
4within the past 5 years, the day care home, group day care
5home, or day care center has had its license revoked by or
6surrendered to the State Board Department during a child abuse
7or neglect investigation or its application for a renewal of
8its license was denied by the State Board Department, and, if
9so, the dates upon which the license was revoked by or
10surrendered to the State Board Department or the application
11for a renewal of the license was denied by the State Board
12Department. The State Board Department may adopt any rules
13necessary to implement this Section. Nothing in this Section
14shall be construed to allow or authorize the State Board
15Department to release or disclose any information that is
16prohibited from public disclosure under this Act or under any
17other State or federal law.
18(Source: P.A. 100-52, eff. 1-1-18.)
19    (225 ILCS 10/9.2)
20    Sec. 9.2. Toll free number; day care information. The
21State Board Department of Children and Family Services shall
22establish and maintain a statewide toll-free telephone number
23that all persons may use to inquire about the past history and
24record of a day care facility operating in this State. The past
25history and record shall include, but shall not be limited to,



HB4674- 40 -LRB103 34724 SPS 64571 b

1State Board Department substantiated complaints against a day
2care facility and State Board Department staff findings of
3license violations by a day care facility. Information
4disclosed in accordance with this Section shall be subject to
5the confidentiality requirements provided in this Act.
6(Source: P.A. 90-671, eff. 1-1-99.)