Full Text of HB2310 103rd General Assembly
HB2310ham001 103RD GENERAL ASSEMBLY | Rep. Will Guzzardi Filed: 3/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2310
| 2 | | AMENDMENT NO. ______. Amend House Bill 2310 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 2-3.71 as follows:
| 6 | | (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
| 7 | | Sec. 2-3.71. Grants for preschool educational programs. | 8 | | (a) Preschool program.
| 9 | | (1) The State Board of Education shall implement and | 10 | | administer
a grant program under the provisions of this | 11 | | subsection which shall
consist of grants to public school | 12 | | districts and other eligible entities, as defined by the | 13 | | State Board of Education, to conduct voluntary
preschool
| 14 | | educational programs for children ages 3 to 5 which | 15 | | include a parent
education component. A public school | 16 | | district which receives grants under
this subsection may |
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| 1 | | subcontract with other entities that are eligible to | 2 | | conduct a preschool educational
program. These grants must | 3 | | be used to supplement, not supplant, funds received from | 4 | | any other source.
| 5 | | (2) (Blank).
| 6 | | (3) Except as otherwise provided under this subsection | 7 | | (a), any teacher of preschool children in the program | 8 | | authorized by this
subsection shall hold a Professional | 9 | | Educator License with an early childhood education | 10 | | endorsement. | 11 | | (3.5) Beginning with the 2018-2019 school year and | 12 | | until the 2023-2024 school year, an individual may teach | 13 | | preschool children in an early childhood program under | 14 | | this Section if he or she holds a Professional Educator | 15 | | License with an early childhood education endorsement or | 16 | | with short-term approval for early childhood education or | 17 | | he or she pursues a Professional Educator License and | 18 | | holds any of the following: | 19 | | (A) An ECE Credential Level of 5 awarded by the | 20 | | Department of Human Services under the Gateways to | 21 | | Opportunity Program developed under Section 10-70 of | 22 | | the Department of Human Services Act. | 23 | | (B) An Educator License with Stipulations with a | 24 | | transitional bilingual educator endorsement and he or | 25 | | she has (i) passed an early childhood education | 26 | | content test or (ii) completed no less than 9 semester |
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| 1 | | hours of postsecondary coursework in the area of early | 2 | | childhood education.
| 3 | | (4) (Blank).
| 4 | | (4.5) The State Board of Education shall provide the | 5 | | primary source of
funding through appropriations for the | 6 | | program.
Such funds shall be distributed to achieve a goal | 7 | | of "Preschool for All Children" for the benefit
of all | 8 | | children whose families choose to participate in the | 9 | | program. Based on available appropriations, newly funded | 10 | | programs shall be selected through a process giving first | 11 | | priority to qualified programs serving primarily at-risk | 12 | | children and second priority to qualified programs serving | 13 | | primarily children with a family income of less than 4 | 14 | | times the poverty guidelines updated periodically in the | 15 | | Federal Register by the U.S. Department of Health and | 16 | | Human Services under the authority of 42 U.S.C. 9902(2). | 17 | | For purposes of this paragraph (4.5), at-risk children are | 18 | | those who because of their home and community environment | 19 | | are subject
to such language, cultural, economic and like | 20 | | disadvantages to cause them to have
been determined as a | 21 | | result of screening procedures to be at risk of
academic | 22 | | failure. Such screening procedures shall be based on | 23 | | criteria
established by the State Board of Education. | 24 | | Except as otherwise provided in this paragraph (4.5), | 25 | | grantees under the program must enter into a memorandum of | 26 | | understanding with the appropriate local Head Start |
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| 1 | | agency. This memorandum must be entered into no later than | 2 | | 3 months after the award of a grantee's grant under the | 3 | | program, except that, in the case of the 2009-2010 program | 4 | | year, the memorandum must be entered into no later than | 5 | | the deadline set by the State Board of Education for | 6 | | applications to participate in the program in fiscal year | 7 | | 2011, and must address collaboration between the grantee's | 8 | | program and the local Head Start agency on certain issues, | 9 | | which shall include without limitation the following: | 10 | | (A) educational activities, curricular objectives, | 11 | | and instruction; | 12 | | (B) public information dissemination and access to | 13 | | programs for families contacting programs; | 14 | | (C) service areas; | 15 | | (D) selection priorities for eligible children to | 16 | | be served by programs; | 17 | | (E) maximizing the impact of federal and State | 18 | | funding to benefit young children; | 19 | | (F) staff training, including opportunities for | 20 | | joint staff training; | 21 | | (G) technical assistance; | 22 | | (H) communication and parent outreach for smooth | 23 | | transitions to kindergarten; | 24 | | (I) provision and use of facilities, | 25 | | transportation, and other program elements; | 26 | | (J) facilitating each program's fulfillment of its |
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| 1 | | statutory and regulatory requirements; | 2 | | (K) improving local planning and collaboration; | 3 | | and | 4 | | (L) providing comprehensive services for the | 5 | | neediest Illinois children and families. | 6 | | If the appropriate local Head Start agency is unable or | 7 | | unwilling to enter into a memorandum of understanding as | 8 | | required under this paragraph (4.5), the memorandum of | 9 | | understanding requirement shall not apply and the grantee | 10 | | under the program must notify the State Board of Education | 11 | | in writing of the Head Start agency's inability or | 12 | | unwillingness. The State Board of Education shall compile | 13 | | all such written notices and make them available to the | 14 | | public. | 15 | | (5) The State Board of Education shall develop and | 16 | | provide
evaluation tools, including tests, that school | 17 | | districts and other eligible entities may use to
evaluate | 18 | | children for school readiness prior to age 5. The State | 19 | | Board of
Education shall require school districts and | 20 | | other eligible entities
to obtain consent from the parents
| 21 | | or guardians of children before any evaluations are | 22 | | conducted. The State
Board of Education shall encourage | 23 | | local school districts and other eligible entities to | 24 | | evaluate the
population of preschool children in their | 25 | | communities and provide preschool
programs, pursuant to | 26 | | this subsection, where appropriate.
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| 1 | | (6) The State Board of Education shall report to the | 2 | | General Assembly by November 1, 2018
and every
2 years | 3 | | thereafter on the results and progress of
students who | 4 | | were enrolled in preschool educational programs, including | 5 | | an
assessment of which programs have been most successful | 6 | | in promoting
academic excellence and alleviating academic | 7 | | failure. The State Board of
Education shall assess the | 8 | | academic progress of all students who have been
enrolled | 9 | | in preschool educational programs.
| 10 | | On or before November 1 of each fiscal year in which | 11 | | the General Assembly provides funding for new programs | 12 | | under paragraph (4.5) of this Section, the State Board of | 13 | | Education shall report to the General Assembly on what | 14 | | percentage of new funding was provided to programs serving | 15 | | primarily at-risk children, what percentage of new funding | 16 | | was provided to programs serving primarily children with a | 17 | | family income of less than 4 times the federal poverty | 18 | | level, and what percentage of new funding was provided to | 19 | | other programs. | 20 | | (7) Due to evidence that expulsion practices in the | 21 | | preschool years are linked to poor child outcomes and are | 22 | | employed inconsistently across racial and gender groups, | 23 | | early childhood programs receiving State funds under this | 24 | | subsection (a) shall prohibit expulsions. Planned | 25 | | transitions to settings that are able to better meet a | 26 | | child's needs are not considered expulsion under this |
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| 1 | | paragraph (7). | 2 | | (A) When persistent and serious challenging | 3 | | behaviors emerge, the early childhood program shall | 4 | | document steps taken to ensure that the child can | 5 | | participate safely in the program; including | 6 | | observations of initial and ongoing challenging | 7 | | behaviors, strategies for remediation and intervention | 8 | | plans to address the behaviors, and communication with | 9 | | the parent or legal guardian, including participation | 10 | | of the parent or legal guardian in planning and | 11 | | decision-making. | 12 | | (B) The early childhood program shall, with | 13 | | parental or legal guardian consent as required, | 14 | | utilize a range of community resources, if available | 15 | | and deemed necessary, including, but not limited to, | 16 | | developmental screenings, referrals to programs and | 17 | | services administered by a local educational agency or | 18 | | early intervention agency under Parts B and C of the | 19 | | federal Individual with Disabilities Education Act, | 20 | | and consultation with infant and early childhood | 21 | | mental health consultants and the child's health care | 22 | | provider. The program shall document attempts to | 23 | | engage these resources, including parent or legal | 24 | | guardian participation and consent attempted and | 25 | | obtained. Communication with the parent or legal | 26 | | guardian shall take place in a culturally and |
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| 1 | | linguistically competent manner. | 2 | | (C) If there is documented evidence that all | 3 | | available interventions and supports recommended by a | 4 | | qualified professional have been exhausted and the | 5 | | program determines in its professional judgment that | 6 | | transitioning a child to another program is necessary | 7 | | for the well-being of the child or his or her peers and | 8 | | staff, with parent or legal guardian permission, both | 9 | | the current and pending programs shall create a | 10 | | transition plan designed to ensure continuity of | 11 | | services and the comprehensive development of the | 12 | | child. Communication with families shall occur in a | 13 | | culturally and linguistically competent manner. | 14 | | (D) Nothing in this paragraph (7) shall preclude a | 15 | | parent's or legal guardian's right to voluntarily | 16 | | withdraw his or her child from an early childhood | 17 | | program. Early childhood programs shall request and | 18 | | keep on file, when received, a written statement from | 19 | | the parent or legal guardian stating the reason for | 20 | | his or her decision to withdraw his or her child. | 21 | | (E) In the case of the determination of a serious | 22 | | safety threat to a child or others or in the case of | 23 | | behaviors listed in subsection (d) of Section 10-22.6 | 24 | | of this Code, the temporary removal of a child from | 25 | | attendance in group settings may be used. Temporary | 26 | | removal of a child from attendance in a group setting |
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| 1 | | shall trigger the process detailed in subparagraphs | 2 | | (A), (B), and (C) of this paragraph (7), with the child | 3 | | placed back in a group setting as quickly as possible. | 4 | | (F) Early childhood programs may utilize and the | 5 | | State Board of Education, the Department of Human | 6 | | Services, and the Department of Children and Family | 7 | | Services shall recommend training, technical support, | 8 | | and professional development resources to improve the | 9 | | ability of teachers, administrators, program | 10 | | directors, and other staff to promote social-emotional | 11 | | development and behavioral health, to address | 12 | | challenging behaviors, and to understand trauma and | 13 | | trauma-informed care, cultural competence, family | 14 | | engagement with diverse populations, the impact of | 15 | | implicit bias on adult behavior, and the use of | 16 | | reflective practice techniques. Support shall include | 17 | | the availability of resources to contract with infant | 18 | | and early childhood mental health consultants. | 19 | | (G) Beginning on July 1, 2018, early childhood | 20 | | programs shall annually report to the State Board of | 21 | | Education, and, beginning in fiscal year 2020, the | 22 | | State Board of Education shall make available on a | 23 | | biennial basis, in an existing report, all of the | 24 | | following data for children from birth to age 5 who are | 25 | | served by the program: | 26 | | (i) Total number served over the course of the |
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| 1 | | program year and the total number of children who | 2 | | left the program during the program year. | 3 | | (ii) Number of planned transitions to another | 4 | | program due to children's behavior, by children's | 5 | | race, gender, disability, language, class/group | 6 | | size, teacher-child ratio, and length of program | 7 | | day. | 8 | | (iii) Number of temporary removals of a child | 9 | | from attendance in group settings due to a serious | 10 | | safety threat under subparagraph (E) of this | 11 | | paragraph (7), by children's race, gender, | 12 | | disability, language, class/group size, | 13 | | teacher-child ratio, and length of program day. | 14 | | (iv) Hours of infant and early childhood | 15 | | mental health consultant contact with program | 16 | | leaders, staff, and families over the program | 17 | | year. | 18 | | (H) Changes to services for children with an | 19 | | individualized education program or individual family | 20 | | service plan shall be construed in a manner consistent | 21 | | with the federal Individuals with Disabilities | 22 | | Education Act. | 23 | | The State Board of Education, in consultation with the | 24 | | Governor's Office of Early Childhood Development and the | 25 | | Department of Children and Family Services, shall adopt | 26 | | rules to administer this paragraph (7). |
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| 1 | | (8) In order to ensure the quality and continuity of | 2 | | services, within 6 months after the effective date of this | 3 | | amendatory Act of the 103rd General Assembly, all grant | 4 | | agreements shall require each child care center to do the | 5 | | following: | 6 | | (A) Comply with the wage floor and compensation | 7 | | policies set forth in Section 45-10 of the Early | 8 | | Childhood Workforce Act, if the State, subject to | 9 | | appropriation, pays contracts and grants that are | 10 | | sufficient to comply with the wage floor and | 11 | | compensation policies set forth in Section 45-10 of | 12 | | the Early Childhood Workforce Act. | 13 | | (B) Report quarterly up-to-date contact | 14 | | information for staff to the Department to allow the | 15 | | State Board of Education to communicate with the | 16 | | workers about their rights and supports available to | 17 | | them. | 18 | | (C) Supply the State Board of Education with | 19 | | current copies of its: (i) wage scales for classroom | 20 | | and support staff, (ii) formal procedures for | 21 | | addressing employee grievances, and (iii) records of | 22 | | classroom and support staff participation in creation | 23 | | of personnel and operational policies. | 24 | | (D) Reconcile expenses quarterly and annually | 25 | | submit a year-end comprehensive financial report in a | 26 | | form prescribed by the State Board of Education which |
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| 1 | | includes a detailed breakdown of the uses of funding | 2 | | including amounts spent on workforce compensation and | 3 | | supports. | 4 | | (b) (Blank).
| 5 | | (c) Notwithstanding any other provisions of this Section, | 6 | | grantees may serve children ages 0 to 12 of essential workers | 7 | | if the Governor has declared a disaster due to a public health | 8 | | emergency pursuant to Section 7 of the Illinois Emergency | 9 | | Management Agency Act. For the purposes of this subsection, | 10 | | essential workers include those outlined in Executive Order | 11 | | 20-8 and school employees. The State Board of Education shall | 12 | | adopt rules to administer this subsection. | 13 | | (Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18; | 14 | | 101-643, eff. 6-18-20.)
| 15 | | Section 10. The Illinois Public Aid Code is amended by | 16 | | changing Section 9A-11 as follows:
| 17 | | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
| 18 | | Sec. 9A-11. Child care.
| 19 | | (a) The General Assembly recognizes that families with | 20 | | children need child
care in order to work. Child care is | 21 | | expensive and families with low incomes,
including those who | 22 | | are transitioning from welfare to work, often struggle to
pay | 23 | | the costs of day care. The
General Assembly understands the | 24 | | importance of helping low-income working
families become and |
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| 1 | | remain self-sufficient. The General Assembly also believes
| 2 | | that it is the responsibility of families to share in the costs | 3 | | of child care.
It is also the preference of the General | 4 | | Assembly that all working poor
families should be treated | 5 | | equally, regardless of their welfare status.
| 6 | | (b) To the extent resources permit, the Illinois | 7 | | Department shall provide
child care services to parents or | 8 | | other relatives as defined by rule who are
working or | 9 | | participating in employment or Department approved
education | 10 | | or training programs. At a minimum, the Illinois Department | 11 | | shall
cover the following categories of families:
| 12 | | (1) recipients of TANF under Article IV participating | 13 | | in work and training
activities as specified in the | 14 | | personal plan for employment and
self-sufficiency;
| 15 | | (2) families transitioning from TANF to work;
| 16 | | (3) families at risk of becoming recipients of TANF;
| 17 | | (4) families with special needs as defined by rule;
| 18 | | (5) working families with very low incomes as defined | 19 | | by rule;
| 20 | | (6) families that are not recipients of TANF and that | 21 | | need child care assistance to participate in education and | 22 | | training activities; | 23 | | (7) youth in care, as defined in Section 4d of the | 24 | | Children and Family Services Act, who are parents, | 25 | | regardless of income or whether they are working or | 26 | | participating in Department-approved employment or |
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| 1 | | education or training programs. Any family that receives | 2 | | child care assistance in accordance with this paragraph | 3 | | shall receive one additional 12-month child care | 4 | | eligibility period after the parenting youth in care's | 5 | | case with the Department of Children and Family Services | 6 | | is closed, regardless of income or whether the parenting | 7 | | youth in care is working or participating in | 8 | | Department-approved employment or education or training | 9 | | programs; | 10 | | (8) families receiving Extended Family Support Program | 11 | | services from the Department of Children and Family | 12 | | Services, regardless of income or whether they are working | 13 | | or participating in Department-approved employment or | 14 | | education or training programs; and | 15 | | (9) families with children under the age of 5 who have | 16 | | an open intact family services case with the Department of | 17 | | Children and Family Services. Any family that receives | 18 | | child care assistance in accordance with this paragraph | 19 | | shall remain eligible for child care assistance 6 months | 20 | | after the child's intact family services case is closed, | 21 | | regardless of whether the child's parents or other | 22 | | relatives as defined by rule are working or participating | 23 | | in Department approved employment or education or training | 24 | | programs. The Department of Human Services, in | 25 | | consultation with the Department of Children and Family | 26 | | Services, shall adopt rules to protect the privacy of |
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| 1 | | families who are the subject of an open intact family | 2 | | services case when such families enroll in child care | 3 | | services. Additional rules shall be adopted to offer | 4 | | children who have an open intact family services case the | 5 | | opportunity to receive an Early Intervention screening and | 6 | | other services that their families may be eligible for as | 7 | | provided by the Department of Human Services. | 8 | | Beginning October 1, 2023, and every October 1 thereafter, | 9 | | the Department of Children and Family Services shall report to | 10 | | the General Assembly on the number of children who received | 11 | | child care via vouchers paid for by the Department of Children | 12 | | and Family Services during the preceding fiscal year. The | 13 | | report shall include the ages of children who received child | 14 | | care, the type of child care they received, and the number of | 15 | | months they received child care. | 16 | | The Department shall specify by rule the conditions of | 17 | | eligibility, the
application process, and the types, amounts, | 18 | | and duration of services.
Eligibility for
child care benefits | 19 | | and the amount of child care provided may vary based on
family | 20 | | size, income,
and other factors as specified by rule.
| 21 | | The Department shall update the Child Care Assistance | 22 | | Program Eligibility Calculator posted on its website to | 23 | | include a question on whether a family is applying for child | 24 | | care assistance for the first time or is applying for a | 25 | | redetermination of eligibility. | 26 | | A family's eligibility for child care services shall be |
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| 1 | | redetermined no sooner than 12 months following the initial | 2 | | determination or most recent redetermination. During the | 3 | | 12-month periods, the family shall remain eligible for child | 4 | | care services regardless of (i) a change in family income, | 5 | | unless family income exceeds 85% of State median income, or | 6 | | (ii) a temporary change in the ongoing status of the parents or | 7 | | other relatives, as defined by rule, as working or attending a | 8 | | job training or educational program. | 9 | | In determining income eligibility for child care benefits, | 10 | | the Department
annually, at the beginning of each fiscal year, | 11 | | shall
establish, by rule, one income threshold for each family | 12 | | size, in relation to
percentage of State median income for a | 13 | | family of that size, that makes
families with incomes below | 14 | | the specified threshold eligible for assistance
and families | 15 | | with incomes above the specified threshold ineligible for
| 16 | | assistance. Through and including fiscal year 2007, the | 17 | | specified threshold must be no less than 50% of the
| 18 | | then-current State median income for each family size. | 19 | | Beginning in fiscal year 2008, the specified threshold must be | 20 | | no less than 185% of the then-current federal poverty level | 21 | | for each family size. Notwithstanding any other provision of | 22 | | law or administrative rule to the contrary, beginning in | 23 | | fiscal year 2019, the specified threshold for working families | 24 | | with very low incomes as defined by rule must be no less than | 25 | | 185% of the then-current federal poverty level for each family | 26 | | size. Notwithstanding any other provision of law or |
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| 1 | | administrative rule to the contrary, beginning in State fiscal | 2 | | year 2022, the specified
income threshold shall be no less | 3 | | than 200% of the
then-current federal poverty level for each | 4 | | family size.
| 5 | | In determining eligibility for
assistance, the Department | 6 | | shall not give preference to any category of
recipients
or | 7 | | give preference to individuals based on their receipt of | 8 | | benefits under this
Code.
| 9 | | Nothing in this Section shall be
construed as conferring | 10 | | entitlement status to eligible families.
| 11 | | The Illinois
Department is authorized to lower income | 12 | | eligibility ceilings, raise parent
co-payments, create waiting | 13 | | lists, or take such other actions during a fiscal
year as are | 14 | | necessary to ensure that child care benefits paid under this
| 15 | | Article do not exceed the amounts appropriated for those child | 16 | | care benefits.
These changes may be accomplished by emergency | 17 | | rule under Section 5-45 of the
Illinois Administrative | 18 | | Procedure Act, except that the limitation on the number
of | 19 | | emergency rules that may be adopted in a 24-month period shall | 20 | | not apply.
| 21 | | The Illinois Department may contract with other State | 22 | | agencies or child care
organizations for the administration of | 23 | | child care services.
| 24 | | (c) Payment shall be made for child care that otherwise | 25 | | meets the
requirements of this Section and applicable | 26 | | standards of State and local
law and regulation, including any |
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| 1 | | requirements the Illinois Department
promulgates by rule in | 2 | | addition to the licensure
requirements
promulgated by the | 3 | | Department of Children and Family Services and Fire
Prevention | 4 | | and Safety requirements promulgated by the Office of the State
| 5 | | Fire Marshal, and is provided in any of the following:
| 6 | | (1) a child care center which is licensed or exempt | 7 | | from licensure
pursuant to Section 2.09 of the Child Care | 8 | | Act of 1969;
| 9 | | (2) a licensed child care home or home exempt from | 10 | | licensing;
| 11 | | (3) a licensed group child care home;
| 12 | | (4) other types of child care, including child care | 13 | | provided
by relatives or persons living in the same home | 14 | | as the child, as determined by
the Illinois Department by | 15 | | rule.
| 16 | | (c-5)
Solely for the purposes of coverage under the | 17 | | Illinois Public Labor Relations Act, child and day care home | 18 | | providers, including licensed and license exempt, | 19 | | participating in the Department's child care assistance | 20 | | program shall be considered to be public employees and the | 21 | | State of Illinois shall be considered to be their employer as | 22 | | of January 1, 2006 (the effective date of Public Act 94-320), | 23 | | but not before. The State shall engage in collective | 24 | | bargaining with an exclusive representative of child and day | 25 | | care home providers participating in the child care assistance | 26 | | program concerning their terms and conditions of employment |
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| 1 | | that are within the State's control. Nothing in this | 2 | | subsection shall be understood to limit the right of families | 3 | | receiving services defined in this Section to select child and | 4 | | day care home providers or supervise them within the limits of | 5 | | this Section. The State shall not be considered to be the | 6 | | employer of child and day care home providers for any purposes | 7 | | not specifically provided in Public Act 94-320, including, but | 8 | | not limited to, purposes of vicarious liability in tort and | 9 | | purposes of statutory retirement or health insurance benefits. | 10 | | Child and day care home providers shall not be covered by the | 11 | | State Employees Group Insurance Act of 1971. | 12 | | In according child and day care home providers and their | 13 | | selected representative rights under the Illinois Public Labor | 14 | | Relations Act, the State intends that the State action | 15 | | exemption to application of federal and State antitrust laws | 16 | | be fully available to the extent that their activities are | 17 | | authorized by Public Act 94-320.
| 18 | | (d) The Illinois Department shall establish, by rule, a | 19 | | co-payment scale that provides for cost sharing by families | 20 | | that receive
child care services, including parents whose only | 21 | | income is from
assistance under this Code. The co-payment | 22 | | shall be based on family income and family size and may be | 23 | | based on other factors as appropriate. Co-payments may be | 24 | | waived for families whose incomes are at or below the federal | 25 | | poverty level.
| 26 | | (d-5) The Illinois Department, in consultation with its |
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| 1 | | Child Care and Development Advisory Council, shall develop a | 2 | | plan to revise the child care assistance program's co-payment | 3 | | scale. The plan shall be completed no later than February 1, | 4 | | 2008, and shall include: | 5 | | (1) findings as to the percentage of income that the | 6 | | average American family spends on child care and the | 7 | | relative amounts that low-income families and the average | 8 | | American family spend on other necessities of life;
| 9 | | (2) recommendations for revising the child care | 10 | | co-payment scale to assure that families receiving child | 11 | | care services from the Department are paying no more than | 12 | | they can reasonably afford; | 13 | | (3) recommendations for revising the child care | 14 | | co-payment scale to provide at-risk children with complete | 15 | | access to Preschool for All and Head Start; and | 16 | | (4) recommendations for changes in child care program | 17 | | policies that affect the affordability of child care.
| 18 | | (e) (Blank).
| 19 | | (f) The Illinois Department shall, by rule, set rates to | 20 | | be paid for the
various types of child care. Child care may be | 21 | | provided through one of the
following methods:
| 22 | | (1) arranging the child care through eligible | 23 | | providers by use of
purchase of service contracts or | 24 | | vouchers;
| 25 | | (2) arranging with other agencies and community | 26 | | volunteer groups for
non-reimbursed child care;
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| 1 | | (3) (blank); or
| 2 | | (4) adopting such other arrangements as the Department | 3 | | determines
appropriate.
| 4 | | (f-1) Within 30 days after June 4, 2018 (the effective | 5 | | date of Public Act 100-587), the Department of Human Services | 6 | | shall establish rates for child care providers that are no | 7 | | less than the rates in effect on January 1, 2018 increased by | 8 | | 4.26%. | 9 | | (f-5) (Blank). | 10 | | (f-10) When child care is provided by a child care center | 11 | | either licensed or exempt from licensure under Section 2.09 of | 12 | | the Child Care Act of 1969 by use of purchase of service | 13 | | contracts, grants, or any arrangements other than vouchers, in | 14 | | order to ensure the quality and continuity of services, within | 15 | | 6 months after the effective date of this amendatory Act of the | 16 | | 103rd General Assembly, all contracts shall require each child | 17 | | care center to do the following: | 18 | | (1) Comply with the wage floor and compensation | 19 | | policies set forth in Section 45-10 of the Early Childhood | 20 | | Workforce Act, if the State, subject to appropriation, | 21 | | pays contracts, grants, and any arrangements other than | 22 | | vouchers that are sufficient to comply with the wage floor | 23 | | and compensation policies set forth in Section 45-10 of | 24 | | the Early Childhood Workforce Act. | 25 | | (2) Report quarterly up-to-date contact information | 26 | | for staff to the Department to allow the Department to |
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| 1 | | communicate with the workers about their rights and | 2 | | supports available to them. | 3 | | (3) Supply the Department with current copies of its: | 4 | | (i) wage scales for classroom and support staff, (ii) | 5 | | formal procedures for addressing employee grievances, and | 6 | | (iii) records of classroom and support staff participation | 7 | | in creation of personnel and operational policies. | 8 | | (4) Reconcile expenses quarterly and annually submit a | 9 | | year-end comprehensive financial report in a form | 10 | | prescribed by the Department which includes a detailed | 11 | | breakdown of the uses of funding including amounts spent | 12 | | on workforce compensation and supports. | 13 | | (g) Families eligible for assistance under this Section | 14 | | shall be given the
following options:
| 15 | | (1) receiving a child care certificate issued by the | 16 | | Department or a
subcontractor of the Department that may | 17 | | be used by the parents as payment for
child care and | 18 | | development services only; or
| 19 | | (2) if space is available, enrolling the child with a | 20 | | child care provider
that has a purchase of service | 21 | | contract with the Department or a subcontractor
of the | 22 | | Department for the provision of child care and development | 23 | | services.
The Department may identify particular priority | 24 | | populations for whom they may
request special | 25 | | consideration by a provider with purchase of service
| 26 | | contracts, provided that the providers shall be permitted |
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| 1 | | to maintain a balance
of clients in terms of household | 2 | | incomes and families and children with special
needs, as | 3 | | defined by rule.
| 4 | | (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; | 5 | | 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. | 6 | | 5-27-22.)
| 7 | | Section 15. The Early Childhood Workforce Act is amended | 8 | | by adding Sections 45-10 and 45-15 as follows: | 9 | | (325 ILCS 80/45-10 new) | 10 | | Sec. 45-10. Wage floor and compensation. | 11 | | (a) The Early Childhood Workforce Standards Board is | 12 | | created. The Board shall consist of the following members who | 13 | | must be appointed within 60 days after the effective date of | 14 | | this amendatory Act of the 103rd General Assembly: | 15 | | (1) Three members of a labor union representing child | 16 | | care workers who serve children in the Child Care | 17 | | Assistance Program and the Preschool for All program. | 18 | | (2) Two employer representatives of early childhood | 19 | | programs that are recipients of both Child Care Assistance | 20 | | Program and Preschool for All program contracts or grants. | 21 | | (3) Two members of the public who are parents or | 22 | | guardians of children in the Child Care Assistance Program | 23 | | or the Preschool for All program. | 24 | | (4) One representative of a nongovernmental advocacy |
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| 1 | | organization with an interest in early childhood care and | 2 | | education. | 3 | | (5) One representative of a State agency or division | 4 | | concerned with child care and early learning. | 5 | | (b) Members of the Board shall serve 4-year terms without | 6 | | pay and shall make and establish rules and regulations | 7 | | governing the Board and its proceedings. Terms of the initial | 8 | | members shall be staggered as follows: | 9 | | (1) For members who are labor union representatives, | 10 | | one shall serve for 2 years, one shall serve for 3 years, | 11 | | and one shall serve for 4 years. | 12 | | (2) For members who are employer representatives, one | 13 | | shall serve for 2 years and one shall serve for 3 years. | 14 | | (3) For members of the public who are parents, one | 15 | | shall serve for one year and one shall serve for 2 years. | 16 | | (4) For the member who represents a nongovernment | 17 | | advocacy organization, a term of 3 years. | 18 | | (5) For the member who represents a State agency or | 19 | | division, a term of 4 years. | 20 | | (c) For State Fiscal Year 2025, and for each State fiscal | 21 | | year thereafter, the Early Childhood Workforce Standards Board | 22 | | shall determine the following for child care centers which are | 23 | | licensed or exempt from licensure under Section 2.09 of the | 24 | | Child Care Act of 1969: | 25 | | (1) An hourly wage floor, and salaried equivalent, for | 26 | | workers in State-funded early childhood programs which, |
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| 1 | | based on investigation, the Board believes will serve to | 2 | | recruit and retain early childhood workers. | 3 | | (2) Minimum increments above the wage floor as may be | 4 | | necessary to retain workers in State-funded early | 5 | | childhood programs such as for years of experience or job | 6 | | title. | 7 | | The Board shall issue recommendations on what terms of | 8 | | contract, a grant, or other State funding will be sufficient | 9 | | to comply with the wage floor and compensation policies it | 10 | | sets forth. | 11 | | (d) Notwithstanding subsection (c) or any other provision | 12 | | of law, the wage floor in State Fiscal Year 2028 and after | 13 | | shall be no lower than $25 per hour. | 14 | | (e) The Board shall utilize interdisciplinary, | 15 | | interinstitutional collaborations from key stakeholders as | 16 | | well as public hearings with interested parties and key | 17 | | stakeholders to conduct research, establish its findings, and | 18 | | define the implementation of the wage floor determined under | 19 | | subsections (c) and (d). | 20 | | (f) The Board shall receive administrative support from | 21 | | the Department of Human Services. | 22 | | (325 ILCS 80/45-15 new) | 23 | | Sec. 45-15. Training and mentorship. Subject to | 24 | | appropriation, beginning in State Fiscal Year 2025, the | 25 | | Department of Human Services shall implement and administer a |
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| 1 | | program making grants to early childhood worker training | 2 | | programs that value experience, inclusion, equity, and racial | 3 | | justice; and center worker voices and needs such as | 4 | | mentorship, apprenticeships, and peer-led learning. ".
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