Illinois General Assembly - Full Text of SB1313
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Full Text of SB1313  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/9/2017, by Sen. Antonio Muñoz


225 ILCS 10/2.09  from Ch. 23, par. 2212.09

    Amends the Child Care Act of 1969. Includes in the definition of "day care center" schools that are granted membership by a recognized national or multistate educational organization or association which regularly recognizes, accredits, or provides membership to schools, such as the Association Montessori Internationale, the American Montessori Society, or the Waldorf Early Childhood Association of North America.

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SB1313LRB100 08460 SMS 18578 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 Child Care Act of 1969 is amended by
5changing Section 2.09 as follows:
6    (225 ILCS 10/2.09)  (from Ch. 23, par. 2212.09)
7    Sec. 2.09. "Day care center" means any child care facility
8which regularly provides day care for less than 24 hours per
9day for (1) more than 8 children in a family home, or (2) more
10than 3 children in a facility other than a family home,
11including senior citizen buildings.
12    The term does not include:
13        (a) programs operated by (i) public or private
14    elementary school systems or secondary level school units
15    or institutions of higher learning that serve children who
16    shall have attained the age of 3 years or (ii) private
17    entities on the grounds of public or private elementary or
18    secondary schools and that serve children who have attained
19    the age of 3 years, except that this exception applies only
20    to the facility and not to the private entities' personnel
21    operating the program;
22        (b) programs or that portion of the program which
23    serves children who shall have attained the age of 3 years



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1    and which are recognized by the State Board of Education;
2        (c) educational program or programs serving children
3    who shall have attained the age of 3 years and which are
4    operated by a school which is registered with the State
5    Board of Education and which is recognized, or accredited,
6    or granted membership by a recognized national or
7    multistate educational organization or association which
8    regularly recognizes, or accredits, or provides membership
9    to schools, such as the Association Montessori
10    Internationale, the American Montessori Society, or the
11    Waldorf Early Childhood Association of North America;
12        (d) programs which exclusively serve or that portion of
13    the program which serves children with disabilities who
14    shall have attained the age of 3 years but are less than 21
15    years of age and which are registered and approved as
16    meeting standards of the State Board of Education and
17    applicable fire marshal standards;
18        (e) facilities operated in connection with a shopping
19    center or service, religious services, or other similar
20    facility, where transient children are cared for
21    temporarily while parents or custodians of the children are
22    occupied on the premises and readily available;
23        (f) any type of day care center that is conducted on
24    federal government premises;
25        (g) special activities programs, including athletics,
26    crafts instruction, and similar activities conducted on an



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1    organized and periodic basis by civic, charitable and
2    governmental organizations;
3        (h) part day child care facilities, as defined in
4    Section 2.10 of this Act;
5        (i) programs or that portion of the program which:
6            (1) serves children who shall have attained the age
7        of 3 years; ,
8            (2) is operated by churches or religious
9        institutions as described in Section 501(c)(3) of the
10        federal Internal Revenue Code; ,
11            (3) receives no governmental aid; ,
12            (4) is operated as a component of a religious,
13        nonprofit elementary school; ,
14            (5) operates primarily to provide religious
15        education; , and
16            (6) meets appropriate State or local health and
17        fire safety standards; or
18        (j) programs or portions of programs that:
19            (1) serve only school-age children and youth
20        (defined as full-time kindergarten children, as
21        defined in 89 Ill. Adm. Code 407.45, or older); ,
22            (2) are organized to promote childhood learning,
23        child and youth development, educational or
24        recreational activities, or character-building; ,
25            (3) operate primarily during out-of-school time or
26        at times when school is not normally in session; ,



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1            (4) comply with the standards of the Illinois
2        Department of Public Health (77 Ill. Adm. Code 750) or
3        the local health department, the Illinois State Fire
4        Marshal (41 Ill. Adm. Code 100), and the following
5        additional health and safety requirements: procedures
6        for employee and volunteer emergency preparedness and
7        practice drills; procedures to ensure that first aid
8        kits are maintained and ready to use; the placement of
9        a minimum level of liability insurance as determined by
10        the Department; procedures for the availability of a
11        working telephone that is onsite and accessible at all
12        times; procedures to ensure that emergency phone
13        numbers are posted onsite; and a restriction on handgun
14        or weapon possession onsite, except if possessed by a
15        peace officer; ,
16            (5) perform and maintain authorization and results
17        of criminal history checks through the Illinois State
18        Police and FBI and checks of the Illinois Sex Offender
19        Registry, the National Sex Offender Registry, and
20        Child Abuse and Neglect Tracking System for employees
21        and volunteers who work directly with children; ,
22            (6) make hiring decisions in accordance with the
23        prohibitions against barrier crimes as specified in
24        Section 4.2 of this Act or in Section 21B-80 of the
25        School Code; ,
26            (7) provide parents with written disclosure that



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1        the operations of the program are not regulated by
2        licensing requirements; , and
3            (8) obtain and maintain records showing the first
4        and last name and date of birth of the child, name,
5        address, and telephone number of each parent,
6        emergency contact information, and written
7        authorization for medical care.
8    Programs or portions of programs requesting Child Care
9Assistance Program (CCAP) funding and otherwise meeting the
10requirements under item (j) shall request exemption from the
11Department and be determined exempt prior to receiving funding
12and must annually meet the eligibility requirements and be
13appropriate for payment under the CCAP.
14    Programs or portions of programs under item (j) that do not
15receive State or federal funds must comply with staff
16qualification and training standards established by rule by the
17Department of Human Services. The Department of Human Services
18shall set such standards after review of Afterschool for
19Children and Teens Now (ACT Now) evidence-based quality
20standards developed for school-age out-of-school time
21programs, feedback from the school-age out-of-school time
22program professionals, and review of out-of-school time
23professional development frameworks and quality tools.
24    Out-of-school time programs for school-age youth that
25receive State or federal funds must comply with only those
26staff qualifications and training standards set for the program



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1by the State or federal entity issuing the funds.
2    For purposes of items (a), (b), (c), (d), and (i) of this
3Section, "children who shall have attained the age of 3 years"
4shall mean children who are 3 years of age, but less than 4
5years of age, at the time of enrollment in the program.
6(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
7revised 10-27-16.)