| ||||
Public Act 103-0594 | ||||
| ||||
AN ACT concerning education. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
ARTICLE 1. GENERAL PROVISIONS | ||||
Section 1-1. Short title. This Act may be cited as the | ||||
Department of Early Childhood Act. | ||||
Section 1-5. Findings. The General Assembly finds that: | ||||
(1) There are over 875,000 children under the age of 5 in | ||||
Illinois, nearly half of whom are under the age of 3. At birth, | ||||
a baby's brain is 25% the size of an adult's brain. Yet, an | ||||
infant's brain has roughly 86 billion neurons, almost all the | ||||
neurons the human brain will ever have. | ||||
(2) From 3 to 15 months, neuron connections form at a rate | ||||
of 40,000 per second. By age 3, synaptic connections have | ||||
grown to 100 trillion. Ages 3 to 5 are critical years to build | ||||
executive function skills like focusing attention, remembering | ||||
instructions, and demonstrating self-control. Without these | ||||
skills, children are not fully equipped to learn when they | ||||
enter kindergarten. By age 5, 90% of brain development is | ||||
complete. | ||||
(3) Prenatal programs improve the regular care of birthing | ||||
parents, reduce the risk of infant low birth weight and |
mortality, and increase regular child wellness visits, | ||
screenings, and immunizations. | ||
(4) Early childhood education and care not only improve | ||
school readiness and literacy, but also improve cognitive | ||
development for future success in life, school, and the | ||
workforce. | ||
(5) Research shows that for every dollar invested in | ||
high-quality early childhood education and care, society gains | ||
over $7 in economic returns in the long-term. | ||
(6) Supporting children means supporting their parents and | ||
families. The early childhood education and care industry is | ||
the workforce behind all other workforces. High-quality child | ||
care enables parents and families to consistently work and | ||
earn an income to support their children. Research also shows | ||
that early childhood education and care programs can reduce | ||
parental stress and improve family well-being. | ||
(7) Investing in early childhood education and care is in | ||
the interest of all residents and will make Illinois the best | ||
state in the nation to raise young children. | ||
Section 1-10. Purpose. It is the purpose of this Act to | ||
provide for the creation of the Department of Early Childhood | ||
and to transfer to it certain rights, powers, duties, and | ||
functions currently exercised by various agencies of State | ||
Government. The Department of Early Childhood shall be the | ||
lead State agency for administering and providing early |
childhood education and care programs and services to children | ||
and families. This Act centralizes home-visiting services, | ||
early intervention services, preschool services, child care | ||
services, licensing for day care centers, day care homes, and | ||
group day care homes, and other early childhood education and | ||
care programs and administrative functions historically | ||
managed by the Illinois State Board of Education, the Illinois | ||
Department of Human Services, and the Illinois Department of | ||
Children and Family Services. Centralizing early childhood | ||
functions into a single State agency is intended to simplify | ||
the process for parents and caregivers to identify and enroll | ||
children in early childhood services, to create new, | ||
equity-driven statewide systems, to streamline administrative | ||
functions for providers, and to improve kindergarten readiness | ||
for children. | ||
Section 1-11. Rights; privileges; protections. | ||
Notwithstanding any provision of law to the contrary, any | ||
rights, privileges, or protections afforded to students in | ||
early childhood education and care programs, including | ||
undocumented students, under the School Code or any other | ||
provision of law shall not terminate upon the effective date | ||
of this Act. | ||
Section 1-15. Definitions. As used in this Act, unless the | ||
context otherwise requires: |
"Department" means the Department of Early Childhood. | ||
"Secretary" means the Secretary of Early Childhood. | ||
"Transferring agency" means the Department of Human | ||
Services, Department of Children and Family Services, and the | ||
State Board of Education. | ||
Section 1-20. Department; Secretary; organization. | ||
(a) The Department of Early Childhood is created and shall | ||
begin operation on July 1, 2024. | ||
(b) The head officer of the Department is the Secretary. | ||
The Secretary shall be appointed by the Governor, with the | ||
advice and consent of the Senate. The initial term of the | ||
Secretary shall run from the date of appointment until January | ||
18, 2027, and until a successor has been appointed and | ||
qualified. Thereafter, the Secretary's term shall be as | ||
provided in Section 5-610 of the Civil Administrative Code of | ||
Illinois. The Department may employ or retain other persons to | ||
assist in the discharge of its functions, subject to the | ||
Personnel Code. | ||
(c) The Governor may, with the advice and consent of the | ||
Senate, appoint an appropriate number of persons to serve as | ||
Assistant Secretaries to head the major programmatic divisions | ||
of the Department. Assistant Secretaries shall not be subject | ||
to the Personnel Code. | ||
(d) The Secretary shall create divisions and | ||
administrative units within the Department and shall assign |
functions, powers, duties, and personnel as may now or in the | ||
future be required by State or federal law. The Secretary may | ||
create other divisions and administrative units and may assign | ||
other functions, powers, duties, and personnel as may be | ||
necessary or desirable to carry out the functions and | ||
responsibilities vested by law in the Department. | ||
Section 1-30. General powers and duties. | ||
(a) The Department shall exercise the rights, powers, | ||
duties, and functions provided by law, including, but not | ||
limited to, the rights, powers, duties, and functions | ||
transferred to the Department. | ||
(b) The Department may employ personnel (in accordance | ||
with the Personnel Code and any applicable collective | ||
bargaining agreements), provide facilities, contract for goods | ||
and services, and adopt rules as necessary to carry out its | ||
functions and purposes, all in accordance with applicable | ||
State and federal law. | ||
The Department may establish such subdivisions of the | ||
Department as shall be desirable and assign to the various | ||
subdivisions the responsibilities and duties placed upon the | ||
Department by the Laws of the State of Illinois. | ||
The Department shall adopt, as necessary, rules for the | ||
execution of its powers. The provisions of the Illinois | ||
Administrative Procedure Act are hereby expressly adopted and | ||
shall apply to all administrative rules and procedures of the |
Department under this Act, except that Section 5-35 of the | ||
Illinois Administrative Procedure Act relating to procedures | ||
for rulemaking does not apply to the adoption of any rule | ||
required by federal law in connection with which the | ||
Department is precluded by law from exercising any discretion. | ||
(c) Procurements necessary for the Department of Early | ||
Childhood to implement this Act are subject to the Illinois | ||
Procurement Code, except as otherwise provided in paragraph | ||
(25) of subsection (b) of Section 1-10 of that Code. The | ||
Department of Early Childhood is subject to the Business | ||
Enterprise for Minorities, Women, and Persons with | ||
Disabilities Act. | ||
Section 1-35. Advisory body. By July 1, 2026, the | ||
Department shall create or designate an advisory body to | ||
counsel the Department on an ongoing basis, ensuring the | ||
Department functions with transparency, operates with a | ||
commitment to centering racial equity and to meaningful | ||
inclusion of parent, early childhood service provider, and | ||
other public stakeholder engagement, feedback, and counsel, | ||
including the creation of committees or working groups, and | ||
devotes appropriate attention to data collection and timely | ||
public reporting. This advisory body's membership shall | ||
include representation from both public and private | ||
organizations, and its membership shall reflect the regional, | ||
racial, socioeconomic, and cultural diversity of the State to |
ensure representation of the needs of all Illinois children | ||
and families. | ||
ARTICLE 10. POWERS AND DUTIES RELATING TO EARLY INTERVENTION | ||
SERVICES | ||
Section 10-5. Transition planning. Beginning July 1, 2024, | ||
the Department of Early Childhood and the Department of Human | ||
Services shall collaborate and plan for the transition of | ||
administrative responsibilities as prescribed in the Early | ||
Intervention Services System Act. | ||
Section 10-10. Legislative findings and policy. | ||
(a) The General Assembly finds that there is an urgent and | ||
substantial need to: | ||
(1) enhance the development of all eligible infants | ||
and toddlers in the State of Illinois in order to minimize | ||
developmental delay and maximize individual potential for | ||
adult independence; | ||
(2) enhance the capacity of families to meet the | ||
special needs of eligible infants and toddlers including | ||
the purchase of services when necessary; | ||
(3) reduce educational costs by minimizing the need | ||
for special education and related services when eligible | ||
infants and toddlers reach school age; | ||
(4) enhance the independence, productivity and |
integration with age-appropriate peers of eligible | ||
children and their families; | ||
(5) reduce social services costs and minimize the need | ||
for institutionalization; and | ||
(6) prevent secondary impairments and disabilities by | ||
improving the health of infants and toddlers, thereby | ||
reducing health costs for the families and the State. | ||
(b) The General Assembly therefore intends that the | ||
policy of this State shall be to: | ||
(1) affirm the importance of the family in all areas | ||
of the child's development and reinforce the role of the | ||
family as a participant in the decision-making processes | ||
regarding their child; | ||
(2) provide assistance and support to eligible infants | ||
and toddlers and their families to address the individual | ||
concerns and decisions of each family; | ||
(3) develop and implement, on a statewide basis, | ||
locally based comprehensive, coordinated, | ||
interdisciplinary, interagency early intervention | ||
services for all eligible infants and toddlers; | ||
(4) enhance the local communities' capacity to provide | ||
an array of quality early intervention services; | ||
(5) identify and coordinate all available resources | ||
for early intervention within the State including those | ||
from federal, State, local and private sources; | ||
(6) provide financial and technical assistance to |
local communities for the purposes of coordinating early | ||
intervention services in local communities and enhancing | ||
the communities' capacity to provide individualized early | ||
intervention services to all eligible infants and toddlers | ||
in their homes or in community environments; and | ||
(7) affirm that eligible infants and toddlers have a | ||
right to receive early intervention services to the | ||
maximum extent appropriate, in natural environments in | ||
which infants and toddlers without disabilities would | ||
participate. | ||
(c) The General Assembly further finds that early | ||
intervention services are cost-effective and effectively serve | ||
the developmental needs of eligible infants and toddlers and | ||
their families. Therefore, the purpose of this Act is to | ||
provide a comprehensive, coordinated, interagency, | ||
interdisciplinary early intervention services system for | ||
eligible infants and toddlers and their families by enhancing | ||
the capacity to provide quality early intervention services, | ||
expanding and improving existing services, and facilitating | ||
coordination of payments for early intervention services from | ||
various public and private sources. | ||
Section 10-15. Definitions. As used in this Act: | ||
(a) "Eligible infants and toddlers" means infants and | ||
toddlers under 36 months of age with any of the following | ||
conditions: |
(1) Developmental delays. | ||
(2) A physical or mental condition which typically | ||
results in developmental delay. | ||
(3) Being at risk of having substantial developmental | ||
delays based on informed clinical opinion. | ||
(4) Either (A) having entered the program under any of | ||
the circumstances listed in paragraphs (1) through (3) of | ||
this subsection but no longer meeting the current | ||
eligibility criteria under those paragraphs, and | ||
continuing to have any measurable delay, or (B) not having | ||
attained a level of development in each area, including | ||
(i) cognitive, (ii) physical (including vision and | ||
hearing), (iii) language, speech, and communication, (iv) | ||
social or emotional, or (v) adaptive, that is at least at | ||
the mean of the child's age equivalent peers; and, in | ||
addition to either item (A) or item (B), (C) having been | ||
determined by the multidisciplinary individualized family | ||
service plan team to require the continuation of early | ||
intervention services in order to support continuing | ||
developmental progress, pursuant to the child's needs and | ||
provided in an appropriate developmental manner. The type, | ||
frequency, and intensity of services shall differ from the | ||
initial individualized family services plan because of the | ||
child's developmental progress, and may consist of only | ||
service coordination, evaluation, and assessments. | ||
"Eligible infants and toddlers" includes any child under |
the age of 3 who is the subject of a substantiated case of | ||
child abuse or neglect as defined in the federal Child Abuse | ||
Prevention and Treatment Act. | ||
(b) "Developmental delay" means a delay in one or more of | ||
the following areas of childhood development as measured by | ||
appropriate diagnostic instruments and standard procedures: | ||
cognitive; physical, including vision and hearing; language, | ||
speech and communication; social or emotional; or adaptive. | ||
The term means a delay of 30% or more below the mean in | ||
function in one or more of those areas. | ||
(c) "Physical or mental condition which typically results | ||
in developmental delay" means: | ||
(1) a diagnosed medical disorder or exposure to a | ||
toxic substance bearing a relatively well known expectancy | ||
for developmental outcomes within varying ranges of | ||
developmental disabilities; or | ||
(2) a history of prenatal, perinatal, neonatal or | ||
early developmental events suggestive of biological | ||
insults to the developing central nervous system and which | ||
either singly or collectively increase the probability of | ||
developing a disability or delay based on a medical | ||
history. | ||
(d) "Informed clinical opinion" means both clinical | ||
observations and parental participation to determine | ||
eligibility by a consensus of a multidisciplinary team of 2 or | ||
more members based on their professional experience and |
expertise. | ||
(e) "Early intervention services" means services which: | ||
(1) are designed to meet the developmental needs of | ||
each child eligible under this Act and the needs of his or | ||
her family; | ||
(2) are selected in collaboration with the child's | ||
family; | ||
(3) are provided under public supervision; | ||
(4) are provided at no cost except where a schedule of | ||
sliding scale fees or other system of payments by families | ||
has been adopted in accordance with State and federal law; | ||
(5) are designed to meet an infant's or toddler's | ||
developmental needs in any of the following areas: | ||
(A) physical development, including vision and | ||
hearing, | ||
(B) cognitive development, | ||
(C) communication development, | ||
(D) social or emotional development, or | ||
(E) adaptive development; | ||
(6) meet the standards of the State, including the | ||
requirements of this Act; | ||
(7) include one or more of the following: | ||
(A) family training, | ||
(B) social work services, including counseling, | ||
and home visits, | ||
(C) special instruction, |
(D) speech, language pathology and audiology, | ||
(E) occupational therapy, | ||
(F) physical therapy, | ||
(G) psychological services, | ||
(H) service coordination services, | ||
(I) medical services only for diagnostic or | ||
evaluation purposes, | ||
(J) early identification, screening, and | ||
assessment services, | ||
(K) health services specified by the lead agency | ||
as necessary to enable the infant or toddler to | ||
benefit from the other early intervention services, | ||
(L) vision services, | ||
(M) transportation, | ||
(N) assistive technology devices and services, | ||
(O) nursing services, | ||
(P) nutrition services, and | ||
(Q) sign language and cued language services; | ||
(8) are provided by qualified personnel, including but | ||
not limited to: | ||
(A) child development specialists or special | ||
educators, including teachers of children with hearing | ||
impairments (including deafness) and teachers of | ||
children with vision impairments (including | ||
blindness), | ||
(B) speech and language pathologists and |
audiologists, | ||
(C) occupational therapists, | ||
(D) physical therapists, | ||
(E) social workers, | ||
(F) nurses, | ||
(G) dietitian nutritionists, | ||
(H) vision specialists, including ophthalmologists | ||
and optometrists, | ||
(I) psychologists, and | ||
(J) physicians; | ||
(9) are provided in conformity with an Individualized | ||
Family Service Plan; | ||
(10) are provided throughout the year; and | ||
(11) are provided in natural environments, to the | ||
maximum extent appropriate, which may include the home and | ||
community settings, unless justification is provided | ||
consistent with federal regulations adopted under Sections | ||
1431 through 1444 of Title 20 of the United States Code. | ||
(f) "Individualized Family Service Plan" or "Plan" means a | ||
written plan for providing early intervention services to a | ||
child eligible under this Act and the child's family, as set | ||
forth in Section 10-65. | ||
(g) "Local interagency agreement" means an agreement | ||
entered into by local community and State and regional | ||
agencies receiving early intervention funds directly from the | ||
State and made in accordance with State interagency agreements |
providing for the delivery of early intervention services | ||
within a local community area. | ||
(h) "Council" means the Illinois Interagency Council on | ||
Early Intervention established under Section 10-30. | ||
(i) "Lead agency" means the State agency responsible for | ||
administering this Act and receiving and disbursing public | ||
funds received in accordance with State and federal law and | ||
rules. | ||
(i-5) "Central billing office" means the central billing | ||
office created by the lead agency under Section 10-75. | ||
(j) "Child find" means a service which identifies eligible | ||
infants and toddlers. | ||
(k) "Regional intake entity" means the lead agency's | ||
designated entity responsible for implementation of the Early | ||
Intervention Services System within its designated geographic | ||
area. | ||
(l) "Early intervention provider" means an individual who | ||
is qualified, as defined by the lead agency, to provide one or | ||
more types of early intervention services, and who has | ||
enrolled as a provider in the early intervention program. | ||
(m) "Fully credentialed early intervention provider" means | ||
an individual who has met the standards in the State | ||
applicable to the relevant profession, and has met such other | ||
qualifications as the lead agency has determined are suitable | ||
for personnel providing early intervention services, including | ||
pediatric experience, education, and continuing education. The |
lead agency shall establish these qualifications by rule filed | ||
no later than 180 days after the effective date of this Act. | ||
(n) "Telehealth" has the meaning given to that term in | ||
Section 5 of the Telehealth Act. | ||
(o) "Department" means Department of Early Childhood | ||
unless otherwise specified. | ||
Section 10-25. Services delivered by telehealth. An early | ||
intervention provider may deliver via telehealth any type of | ||
early intervention service outlined in subsection (e) of | ||
Section 10-15 to the extent of the early intervention | ||
provider's scope of practice as established in the provider's | ||
respective licensing Act consistent with the standards of care | ||
for in-person services. This Section shall not be construed to | ||
alter the scope of practice of any early intervention provider | ||
or authorize the delivery of early intervention services in a | ||
setting or in a manner not otherwise authorized by the laws of | ||
this State. | ||
Section 10-30. Illinois Interagency Council on Early | ||
Intervention. | ||
(a) There is established the Illinois Interagency Council | ||
on Early Intervention. The Council shall be composed of at | ||
least 20 but not more than 30 members. The members of the | ||
Council and the designated chairperson of the Council shall be | ||
appointed by the Governor. The Council member representing the |
lead agency may not serve as chairperson of the Council. On and | ||
after July 1, 2026, the Council shall be composed of the | ||
following members: | ||
(1) The Secretary of Early Childhood (or the Secretary's | ||
designee) and 2 additional representatives of the Department | ||
of Early Childhood designated by the Secretary, plus the | ||
Directors (or their designees) of the following State agencies | ||
involved in the provision of or payment for early intervention | ||
services to eligible infants and toddlers and their families: | ||
(A) Department of Insurance; and | ||
(B) Department of Healthcare and Family Services. | ||
(2) Other members as follows: | ||
(A) At least 20% of the members of the Council shall be | ||
parents, including minority parents, of infants or | ||
toddlers with disabilities or children with disabilities | ||
aged 12 or younger, with knowledge of, or experience with, | ||
programs for infants and toddlers with disabilities. At | ||
least one such member shall be a parent of an infant or | ||
toddler with a disability or a child with a disability | ||
aged 6 or younger; | ||
(B) At least 20% of the members of the Council shall be | ||
public or private providers of early intervention | ||
services; | ||
(C) One member shall be a representative of the | ||
General Assembly; | ||
(D) One member shall be involved in the preparation of |
professional personnel to serve infants and toddlers | ||
similar to those eligible for services under this Act; | ||
(E) Two members shall be from advocacy organizations | ||
with expertise in improving health, development, and | ||
educational outcomes for infants and toddlers with | ||
disabilities; | ||
(F) One member shall be a Child and Family Connections | ||
manager from a rural district; | ||
(G) One member shall be a Child and Family Connections | ||
manager from an urban district; | ||
(H) One member shall be the co-chair of the Illinois | ||
Early Learning Council (or their designee); and | ||
(I) Members representing the following agencies or | ||
entities: the Department of Human Services; the State | ||
Board of Education; the Department of Public Health; the | ||
Department of Children and Family Services; the University | ||
of Illinois Division of Specialized Care for Children; the | ||
Illinois Council on Developmental Disabilities; Head Start | ||
or Early Head Start; and the Department of Human Services' | ||
Division of Mental Health. A member may represent one or | ||
more of the listed agencies or entities. | ||
The Council shall meet at least quarterly and in such | ||
places as it deems necessary. The Council shall be a | ||
continuation of the Council that was created under Section 4 | ||
of the Early Intervention Services System Act and that is | ||
repealed on July 1, 2026 by Section 20.1 of the Early |
Intervention Services System Act. Members serving on June 30, | ||
2026 who have served more than 2 consecutive terms shall | ||
continue to serve on the Council on and after July 1, 2026. | ||
Once appointed, members shall continue to serve until their | ||
successors are appointed. Successors appointed under paragraph | ||
(2) shall serve 3-year terms. No member shall be appointed to | ||
serve more than 2 consecutive terms. | ||
Council members shall serve without compensation but shall | ||
be reimbursed for reasonable costs incurred in the performance | ||
of their duties, including costs related to child care, and | ||
parents may be paid a stipend in accordance with applicable | ||
requirements. | ||
The Council shall prepare and approve a budget using funds | ||
appropriated for the purpose to hire staff, and obtain the | ||
services of such professional, technical, and clerical | ||
personnel as may be necessary to carry out its functions under | ||
this Act. This funding support and staff shall be directed by | ||
the lead agency. | ||
(b) The Council shall: | ||
(1) advise and assist the lead agency in the | ||
performance of its responsibilities including but not | ||
limited to the identification of sources of fiscal and | ||
other support services for early intervention programs, | ||
and the promotion of interagency agreements which assign | ||
financial responsibility to the appropriate agencies; | ||
(2) advise and assist the lead agency in the |
preparation of applications and amendments to | ||
applications; | ||
(3) review and advise on relevant rules and standards | ||
proposed by the related State agencies; | ||
(4) advise and assist the lead agency in the | ||
development, implementation and evaluation of the | ||
comprehensive early intervention services system; | ||
(4.5) coordinate and collaborate with State | ||
interagency early learning initiatives, as appropriate; | ||
and | ||
(5) prepare and submit an annual report to the | ||
Governor and to the General Assembly on the status of | ||
early intervention programs for eligible infants and | ||
toddlers and their families in Illinois. The annual report | ||
shall include (i) the estimated number of eligible infants | ||
and toddlers in this State, (ii) the number of eligible | ||
infants and toddlers who have received services under this | ||
Act and the cost of providing those services, and (iii) | ||
the estimated cost of providing services under this Act to | ||
all eligible infants and toddlers in this State. The | ||
report shall be posted by the lead agency on the early | ||
intervention website as required under paragraph (f) of | ||
Section 10-35 of this Act. | ||
No member of the Council shall cast a vote on or | ||
participate substantially in any matter which would provide a | ||
direct financial benefit to that member or otherwise give the |
appearance of a conflict of interest under State law. All | ||
provisions and reporting requirements of the Illinois | ||
Governmental Ethics Act shall apply to Council members. | ||
Section 10-35. Lead agency. Through June 30, 2026, the | ||
Department of Human Services is designated the lead agency and | ||
shall provide leadership in establishing and implementing the | ||
coordinated, comprehensive, interagency and interdisciplinary | ||
system of early intervention services. On and after July 1, | ||
2026, the Department of Early Childhood is designated the lead | ||
agency and shall provide leadership in establishing and | ||
implementing the coordinated, comprehensive, interagency and | ||
interdisciplinary system of early intervention services. The | ||
lead agency shall not have the sole responsibility for | ||
providing these services. Each participating State agency | ||
shall continue to coordinate those early intervention services | ||
relating to health, social service and education provided | ||
under this authority. | ||
The lead agency is responsible for carrying out the | ||
following: | ||
(a) The general administration, supervision, and | ||
monitoring of programs and activities receiving assistance | ||
under Section 673 of the Individuals with Disabilities | ||
Education Act (20 United States Code 1473). | ||
(b) The identification and coordination of all | ||
available resources within the State from federal, State, |
local and private sources. | ||
(c) The development of procedures to ensure that | ||
services are provided to eligible infants and toddlers and | ||
their families in a timely manner pending the resolution | ||
of any disputes among public agencies or service | ||
providers. | ||
(d) The resolution of intra-agency and interagency | ||
regulatory and procedural disputes. | ||
(e) The development and implementation of formal | ||
interagency agreements, and the entry into such | ||
agreements, between the lead agency and (i) the Department | ||
of Healthcare and Family Services, (ii) the University of | ||
Illinois Division of Specialized Care for Children, and | ||
(iii) other relevant State agencies that: | ||
(1) define the financial responsibility of each | ||
agency for paying for early intervention services | ||
(consistent with existing State and federal law and | ||
rules, including the requirement that early | ||
intervention funds be used as the payor of last | ||
resort), a hierarchical order of payment as among the | ||
agencies for early intervention services that are | ||
covered under or may be paid by programs in other | ||
agencies, and procedures for direct billing, | ||
collecting reimbursements for payments made, and | ||
resolving service and payment disputes; and | ||
(2) include all additional components necessary to |
ensure meaningful cooperation and coordination. By | ||
January 31, 2027, interagency agreements under this | ||
paragraph (e) must be reviewed and revised to | ||
implement the purposes of this Act. | ||
(f) The maintenance of an early intervention website. | ||
The lead agency shall post and keep posted on this website | ||
the following: (i) the current annual report required | ||
under subdivision (b)(5) of Section 10-30 of this Act, and | ||
the annual reports of the prior 3 years, (ii) the most | ||
recent Illinois application for funds prepared under | ||
Section 637 of the Individuals with Disabilities Education | ||
Act filed with the United States Department of Education, | ||
(iii) proposed modifications of the application prepared | ||
for public comment, (iv) notice of Council meetings, | ||
Council agendas, and minutes of its proceedings for at | ||
least the previous year, (v) proposed and final early | ||
intervention rules, and (vi) all reports created for | ||
dissemination to the public that are related to the early | ||
intervention program, including reports prepared at the | ||
request of the Council and the General Assembly. Each such | ||
document shall be posted on the website within 3 working | ||
days after the document's completion. | ||
(g) Before adopting any new policy or procedure | ||
(including any revisions to an existing policy or | ||
procedure) needed to comply with Part C of the Individuals | ||
with Disabilities Education Act, the lead agency must hold |
public hearings on the new policy or procedure, provide | ||
notice of the hearings at least 30 days before the | ||
hearings are conducted to enable public participation, and | ||
provide an opportunity for the general public, including | ||
individuals with disabilities and parents of infants and | ||
toddlers with disabilities, early intervention providers, | ||
and members of the Council to comment for at least 30 days | ||
on the new policy or procedure needed to comply with Part C | ||
of the Individuals with Disabilities Education Act and | ||
with 34 CFR Part 300 and Part 303. | ||
Section 10-40. Local structure and interagency councils. | ||
The lead agency, in conjunction with the Council and as | ||
defined by administrative rule, shall define local service | ||
areas and define the geographic boundaries of each so that all | ||
areas of the State are included in a local service area but no | ||
area of the State is included in more than one service area. In | ||
each local service area, the lead agency shall designate a | ||
regional entity responsible for the assessment of eligibility | ||
and services and a local interagency council responsible for | ||
coordination and design of child find and public awareness. | ||
The regional entity shall be responsible for staffing the | ||
local council, carrying out child find and public awareness | ||
activities, and providing advocacy for eligible families | ||
within the given geographic area. The regional entity is the | ||
prime contractor responsible to the lead agency for |
implementation of this Act. | ||
The lead agency, in conjunction with the Council, shall | ||
create local interagency councils. Members of each local | ||
interagency council shall include, but not be limited to, the | ||
following: parents; representatives from coordination and | ||
advocacy service providers; local education agencies; other | ||
local public and private service providers; representatives | ||
from State agencies at the local level; and others deemed | ||
necessary by the local council. | ||
Local interagency councils shall: | ||
(a) assist in the development of collaborative | ||
agreements between local service providers, diagnostic and | ||
other agencies providing additional services to the child | ||
and family; | ||
(b) assist in conducting local needs assessments and | ||
planning efforts; | ||
(c) identify and resolve local access issues; | ||
(d) conduct collaborative child find activities; | ||
(e) coordinate public awareness initiatives; | ||
(f) coordinate local planning and evaluation; | ||
(g) assist in the recruitment of specialty personnel; | ||
(h) develop plans for facilitating transition and | ||
integration of eligible children and families into the | ||
community; | ||
(i) facilitate conflict resolution at the local level; | ||
and |
(j) report annually to the Council. | ||
Section 10-45. Essential components of the statewide | ||
service system. As required by federal laws and regulations, a | ||
statewide system of coordinated, comprehensive, interagency | ||
and interdisciplinary programs shall be established and | ||
maintained. The framework of the statewide system shall be | ||
based on the components set forth in this Section. This | ||
framework shall be used for planning, implementation, | ||
coordination and evaluation of the statewide system of locally | ||
based early intervention services. | ||
The statewide system shall include, at a minimum: | ||
(a) a definition of the term "developmentally | ||
delayed", in accordance with the definition in Section | ||
10-15, that will be used in Illinois in carrying out | ||
programs under this Act; | ||
(b) timetables for ensuring that appropriate early | ||
intervention services, based on scientifically based | ||
research, to the extent practicable, will be available to | ||
all eligible infants and toddlers in this State after the | ||
effective date of this Act; | ||
(c) a timely, comprehensive, multidisciplinary | ||
evaluation of each potentially eligible infant and toddler | ||
in this State, unless the child meets the definition of | ||
eligibility based upon his or her medical and other | ||
records; for a child determined eligible, a |
multidisciplinary assessment of the unique strengths and | ||
needs of that infant or toddler and the identification of | ||
services appropriate to meet those needs and a | ||
family-directed assessment of the resources, priorities, | ||
and concerns of the family and the identification of | ||
supports and services necessary to enhance the family's | ||
capacity to meet the developmental needs of that infant or | ||
toddler; | ||
(d) for each eligible infant and toddler, an | ||
Individualized Family Service Plan, including service | ||
coordination (case management) services; | ||
(e) a comprehensive child find system, consistent with | ||
Part B of the Individuals with Disabilities Education Act | ||
(20 United States Code 1411 through 1420 and as set forth | ||
in 34 CFR 300.115), which includes timelines and provides | ||
for participation by primary referral sources; | ||
(f) a public awareness program focusing on early | ||
identification of eligible infants and toddlers; | ||
(g) a central directory which includes public and | ||
private early intervention services, resources, and | ||
experts available in this State, professional and other | ||
groups (including parent support groups and training and | ||
information centers) that provide assistance to infants | ||
and toddlers with disabilities who are eligible for early | ||
intervention programs assisted under Part C of the | ||
Individuals with Disabilities Education Act and their |
families, and research and demonstration projects being | ||
conducted in this State relating to infants and toddlers | ||
with disabilities; | ||
(h) a comprehensive system of personnel development; | ||
(i) a policy pertaining to the contracting or making | ||
of other arrangements with public and private service | ||
providers to provide early intervention services in this | ||
State, consistent with the provisions of this Act, | ||
including the contents of the application used and the | ||
conditions of the contract or other arrangements; | ||
(j) a procedure for securing timely reimbursement of | ||
funds; | ||
(k) procedural safeguards with respect to programs | ||
under this Act; | ||
(l) policies and procedures relating to the | ||
establishment and maintenance of standards to ensure that | ||
personnel necessary to carry out this Act are | ||
appropriately and adequately prepared and trained; | ||
(m) a system of evaluation of, and compliance with, | ||
program standards; | ||
(n) a system for compiling data on the numbers of | ||
eligible infants and toddlers and their families in this | ||
State in need of appropriate early intervention services; | ||
the numbers served; the types of services provided; and | ||
other information required by the State or federal | ||
government; and |
(o) a single line of responsibility in a lead agency | ||
designated by the Governor to carry out its | ||
responsibilities as required by this Act. | ||
In addition to these required components, linkages may be | ||
established within a local community area among the prenatal | ||
initiatives affording services to high risk pregnant women. | ||
Additional linkages among at risk programs and local literacy | ||
programs may also be established. | ||
On and after July 1, 2026, the Department of Early | ||
Childhood shall continue implementation of the 5-fiscal-year | ||
implementation plan that was created by the Department of | ||
Human Services with the concurrence of the Interagency Council | ||
on Early Intervention. The plan shall list specific activities | ||
to be accomplished each year, with cost estimates for each | ||
activity. The lead agency shall, with the concurrence of the | ||
Interagency Council, submit to the Governor's Office a report | ||
on accomplishments of the previous year and a revised list of | ||
activities for the remainder of the 5-fiscal-year plan, with | ||
cost estimates for each. The Governor shall certify that | ||
specific activities in the plan for the previous year have | ||
been substantially completed before authorizing relevant State | ||
or local agencies to implement activities listed in the | ||
revised plan that depend substantially upon completion of one | ||
or more of the earlier activities. | ||
Section 10-50. Authority to adopt rules. The lead agency |
shall adopt rules under this Act. These rules shall reflect | ||
the intent of federal regulations adopted under Part C of the | ||
Individuals with Disabilities Education Improvement Act of | ||
2004 (Sections 1431 through 1444 of Title 20 of the United | ||
States Code). | ||
Section 10-55. Role of other State entities. The | ||
Departments of Public Health, Early Childhood, Human Services, | ||
Children and Family Services, and Healthcare and Family | ||
Services; the University of Illinois Division of Specialized | ||
Care for Children; the State Board of Education; and any other | ||
State agency which directly or indirectly provides or | ||
administers early intervention services shall adopt compatible | ||
rules for the provision of services to eligible infants and | ||
toddlers and their families by July 1, 2026. | ||
These agencies shall enter into and maintain formal | ||
interagency agreements to enable the State and local agencies | ||
serving eligible children and their families to establish | ||
working relationships that will increase the efficiency and | ||
effectiveness of their early intervention services. The | ||
agreements shall outline the administrative, program and | ||
financial responsibilities of the relevant State agencies and | ||
shall implement a coordinated service delivery system through | ||
local interagency agreements. | ||
There shall be created in the Office of the Governor an | ||
Early Childhood Intervention Ombudsman to assist families and |
local parties in ensuring that all State agencies serving | ||
eligible families do so in a comprehensive and collaborative | ||
manner. The Governor shall appoint the Ombudsman, which shall | ||
be a continuation of the position that was created under | ||
Section 9 of the Early Intervention Services System Act and | ||
that is repealed on July 1, 2026 by Section 20.1 of the Early | ||
Intervention Services System Act. | ||
Section 10-60. Standards. The Council and the lead agency, | ||
with assistance from parents and providers, shall develop and | ||
promulgate policies and procedures relating to the | ||
establishment and implementation of program and personnel | ||
standards to ensure that services provided are consistent with | ||
any State-approved or recognized certification, licensing, | ||
registration, or other comparable requirements which apply to | ||
the area of early intervention program service standards. Only | ||
State-approved public or private early intervention service | ||
providers shall be eligible to receive State and federal | ||
funding for early intervention services. All early childhood | ||
intervention staff shall hold the highest entry requirement | ||
necessary for that position. | ||
To be a State-approved early intervention service | ||
provider, an individual (i) shall not have served or | ||
completed, within the preceding 5 years, a sentence for | ||
conviction of any felony that the lead agency establishes by | ||
rule and (ii) shall not have been indicated as a perpetrator of |
child abuse or neglect, within the preceding 5 years, in an | ||
investigation by Illinois (pursuant to the Abused and | ||
Neglected Child Reporting Act) or another state. The Lead | ||
Agency is authorized to receive criminal background checks for | ||
such providers and persons applying to be such a provider and | ||
to receive child abuse and neglect reports regarding indicated | ||
perpetrators who are applying to provide or currently | ||
authorized to provide early intervention services in Illinois. | ||
Beginning January 1, 2004, every provider of State-approved | ||
early intervention services and every applicant to provide | ||
such services must authorize, in writing and in the form | ||
required by the lead agency, a State and FBI criminal | ||
background check, as requested by the Department, and check of | ||
child abuse and neglect reports regarding the provider or | ||
applicant as a condition of authorization to provide early | ||
intervention services. The lead agency shall use the results | ||
of the checks only to determine State approval of the early | ||
intervention service provider and shall not re-release the | ||
information except as necessary to accomplish that purpose. | ||
Section 10-65. Individualized Family Service Plans. | ||
(a) Each eligible infant or toddler and that infant's or | ||
toddler's family shall receive: | ||
(1) timely, comprehensive, multidisciplinary | ||
assessment of the unique strengths and needs of each | ||
eligible infant and toddler, and assessment of the |
concerns and priorities of the families to appropriately | ||
assist them in meeting their needs and identify supports | ||
and services to meet those needs; and | ||
(2) a written Individualized Family Service Plan | ||
developed by a multidisciplinary team which includes the | ||
parent or guardian. The individualized family service plan | ||
shall be based on the multidisciplinary team's assessment | ||
of the resources, priorities, and concerns of the family | ||
and its identification of the supports and services | ||
necessary to enhance the family's capacity to meet the | ||
developmental needs of the infant or toddler, and shall | ||
include the identification of services appropriate to meet | ||
those needs, including the frequency, intensity, and | ||
method of delivering services. During and as part of the | ||
initial development of the individualized family services | ||
plan, and any periodic reviews of the plan, the | ||
multidisciplinary team may seek consultation from the lead | ||
agency's designated experts, if any, to help determine | ||
appropriate services and the frequency and intensity of | ||
those services. All services in the individualized family | ||
services plan must be justified by the multidisciplinary | ||
assessment of the unique strengths and needs of the infant | ||
or toddler and must be appropriate to meet those needs. At | ||
the periodic reviews, the team shall determine whether | ||
modification or revision of the outcomes or services is | ||
necessary. |
(b) The Individualized Family Service Plan shall be | ||
evaluated once a year and the family shall be provided a review | ||
of the Plan at 6-month intervals or more often where | ||
appropriate based on infant or toddler and family needs. The | ||
lead agency shall create a quality review process regarding | ||
Individualized Family Service Plan development and changes | ||
thereto, to monitor and help ensure that resources are being | ||
used to provide appropriate early intervention services. | ||
(c) The initial evaluation and initial assessment and | ||
initial Plan meeting must be held within 45 days after the | ||
initial contact with the early intervention services system. | ||
The 45-day timeline does not apply for any period when the | ||
child or parent is unavailable to complete the initial | ||
evaluation, the initial assessments of the child and family, | ||
or the initial Plan meeting, due to exceptional family | ||
circumstances that are documented in the child's early | ||
intervention records, or when the parent has not provided | ||
consent for the initial evaluation or the initial assessment | ||
of the child despite documented, repeated attempts to obtain | ||
parental consent. As soon as exceptional family circumstances | ||
no longer exist or parental consent has been obtained, the | ||
initial evaluation, the initial assessment, and the initial | ||
Plan meeting must be completed as soon as possible. With | ||
parental consent, early intervention services may commence | ||
before the completion of the comprehensive assessment and | ||
development of the Plan. All early intervention services shall |
be initiated as soon as possible but not later than 30 calendar | ||
days after the consent of the parent or guardian has been | ||
obtained for the individualized family service plan, in | ||
accordance with rules adopted by the lead agency. | ||
(d) Parents must be informed that early intervention | ||
services shall be provided to each eligible infant and | ||
toddler, to the maximum extent appropriate, in the natural | ||
environment, which may include the home or other community | ||
settings. Parents must also be informed of the availability of | ||
early intervention services provided through telehealth | ||
services. Parents shall make the final decision to accept or | ||
decline early intervention services, including whether | ||
accepted services are delivered in person or via telehealth | ||
services. A decision to decline such services shall not be a | ||
basis for administrative determination of parental fitness, or | ||
other findings or sanctions against the parents. Parameters of | ||
the Plan shall be set forth in rules. | ||
(e) The regional intake offices shall explain to each | ||
family, orally and in writing, all of the following: | ||
(1) That the early intervention program will pay for | ||
all early intervention services set forth in the | ||
individualized family service plan that are not covered or | ||
paid under the family's public or private insurance plan | ||
or policy and not eligible for payment through any other | ||
third party payor. | ||
(2) That services will not be delayed due to any rules |
or restrictions under the family's insurance plan or | ||
policy. | ||
(3) That the family may request, with appropriate | ||
documentation supporting the request, a determination of | ||
an exemption from private insurance use under Section | ||
10-100. | ||
(4) That responsibility for co-payments or | ||
co-insurance under a family's private insurance plan or | ||
policy will be transferred to the lead agency's central | ||
billing office. | ||
(5) That families will be responsible for payments of | ||
family fees, which will be based on a sliding scale | ||
according to the State's definition of ability to pay | ||
which is comparing household size and income to the | ||
sliding scale and considering out-of-pocket medical or | ||
disaster expenses, and that these fees are payable to the | ||
central billing office. Families who fail to provide | ||
income information shall be charged the maximum amount on | ||
the sliding scale. | ||
(f) The individualized family service plan must state | ||
whether the family has private insurance coverage and, if the | ||
family has such coverage, must have attached to it a copy of | ||
the family's insurance identification card or otherwise | ||
include all of the following information: | ||
(1) The name, address, and telephone number of the | ||
insurance carrier. |
(2) The contract number and policy number of the | ||
insurance plan. | ||
(3) The name, address, and social security number of | ||
the primary insured. | ||
(4) The beginning date of the insurance benefit year. | ||
(g) A copy of the individualized family service plan must | ||
be provided to each enrolled provider who is providing early | ||
intervention services to the child who is the subject of that | ||
plan. | ||
(h) Children receiving services under this Act shall | ||
receive a smooth and effective transition by their third | ||
birthday consistent with federal regulations adopted pursuant | ||
to Sections 1431 through 1444 of Title 20 of the United States | ||
Code. Beginning January 1, 2022, children who receive early | ||
intervention services prior to their third birthday and are | ||
found eligible for an individualized education program under | ||
the Individuals with Disabilities Education Act, 20 U.S.C. | ||
1414(d)(1)(A), and under Section 14-8.02 of the School Code | ||
and whose birthday falls between May 1 and August 31 may | ||
continue to receive early intervention services until the | ||
beginning of the school year following their third birthday in | ||
order to minimize gaps in services, ensure better continuity | ||
of care, and align practices for the enrollment of preschool | ||
children with special needs to the enrollment practices of | ||
typically developing preschool children. |
Section 10-70. Procedural safeguards. The lead agency | ||
shall adopt procedural safeguards that meet federal | ||
requirements and ensure effective implementation of the | ||
safeguards for families by each public agency involved in the | ||
provision of early intervention services under this Act. | ||
The procedural safeguards shall provide, at a minimum, the | ||
following: | ||
(a) The timely administrative resolution of State | ||
complaints, due process hearings, and mediations as defined by | ||
administrative rule. | ||
(b) The right to confidentiality of personally | ||
identifiable information. | ||
(c) The opportunity for parents and a guardian to examine | ||
and receive copies of records relating to evaluations and | ||
assessments, screening, eligibility determinations, and the | ||
development and implementation of the Individualized Family | ||
Service Plan provision of early intervention services, | ||
individual complaints involving the child, or any part of the | ||
child's early intervention record. | ||
(d) Procedures to protect the rights of the eligible | ||
infant or toddler whenever the parents or guardians of the | ||
child are not known or unavailable or the child is a youth in | ||
care as defined in Section 4d of the Children and Family | ||
Services Act, including the assignment of an individual (who | ||
shall not be an employee of the State agency or local agency | ||
providing services) to act as a surrogate for the parents or |
guardian. The regional intake entity must make reasonable | ||
efforts to ensure the assignment of a surrogate parent not | ||
more than 30 days after a public agency determines that the | ||
child needs a surrogate parent. | ||
(e) Timely written prior notice to the parents or guardian | ||
of the eligible infant or toddler whenever the State agency or | ||
public or private service provider proposes to initiate or | ||
change or refuses to initiate or change the identification, | ||
evaluation, placement, or the provision of appropriate early | ||
intervention services to the eligible infant or toddler. | ||
(f) Written prior notice to fully inform the parents or | ||
guardians, in their native language or mode of communication | ||
used by the parent, unless clearly not feasible to do so, in a | ||
comprehensible manner, of these procedural safeguards. | ||
(g) During the pendency of any State complaint procedure, | ||
due process hearing, or mediation involving a complaint, | ||
unless the State agency and the parents or guardian otherwise | ||
agree, the child shall continue to receive the appropriate | ||
early intervention services currently being provided, or in | ||
the case of an application for initial services, the child | ||
shall receive the services not in dispute. | ||
Section 10-75. Funding and fiscal responsibility. | ||
(a) The lead agency and every other participating State | ||
agency may receive and expend funds appropriated by the | ||
General Assembly to implement the early intervention services |
system as required by this Act. | ||
(b) The lead agency and each participating State agency | ||
shall identify and report on an annual basis to the Council the | ||
State agency funds used for the provision of early | ||
intervention services to eligible infants and toddlers. | ||
(c) Funds provided under Section 633 of the Individuals | ||
with Disabilities Education Act (20 United States Code 1433) | ||
and State funds designated or appropriated for early | ||
intervention services or programs may not be used to satisfy a | ||
financial commitment for services which would have been paid | ||
for from another public or private source but for the | ||
enactment of this Act, except whenever considered necessary to | ||
prevent delay in receiving appropriate early intervention | ||
services by the eligible infant or toddler or family in a | ||
timely manner. "Public or private source" includes public and | ||
private insurance coverage. | ||
Funds provided under Section 633 of the Individuals with | ||
Disabilities Education Act and State funds designated or | ||
appropriated for early intervention services or programs may | ||
be used by the lead agency to pay the provider of services (A) | ||
pending reimbursement from the appropriate State agency or (B) | ||
if (i) the claim for payment is denied in whole or in part by a | ||
public or private source, or would be denied under the written | ||
terms of the public program or plan or private plan, or (ii) | ||
use of private insurance for the service has been exempted | ||
under Section 10-100. Payment under item (B)(i) may be made |
based on a pre-determination telephone inquiry supported by | ||
written documentation of the denial supplied thereafter by the | ||
insurance carrier. | ||
(d) Nothing in this Act shall be construed to permit the | ||
State to reduce medical or other assistance available or to | ||
alter eligibility under Title V and Title XIX of the Social | ||
Security Act relating to the Maternal Child Health Program and | ||
Medicaid for eligible infants and toddlers in this State. | ||
(e) The lead agency shall create a central billing office | ||
to receive and dispense all relevant State and federal | ||
resources, as well as local government or independent | ||
resources available, for early intervention services. This | ||
office shall assure that maximum federal resources are | ||
utilized and that providers receive funds with minimal | ||
duplications or interagency reporting and with consolidated | ||
audit procedures. | ||
(f) The lead agency shall, by rule, create a system of | ||
payments by families, including a schedule of fees. No fees, | ||
however, may be charged for implementing child find, | ||
evaluation and assessment, service coordination, | ||
administrative and coordination activities related to the | ||
development, review, and evaluation of Individualized Family | ||
Service Plans, or the implementation of procedural safeguards | ||
and other administrative components of the statewide early | ||
intervention system. | ||
The system of payments, called family fees, shall be |
structured on a sliding scale based on the family's ability to | ||
pay. The family's coverage or lack of coverage under a public | ||
or private insurance plan or policy shall not be a factor in | ||
determining the amount of the family fees. | ||
Each family's fee obligation shall be established | ||
annually, and shall be paid by families to the central billing | ||
office in installments. At the written request of the family, | ||
the fee obligation shall be adjusted prospectively at any | ||
point during the year upon proof of a change in family income | ||
or family size. The inability of the parents of an eligible | ||
child to pay family fees due to catastrophic circumstances or | ||
extraordinary expenses shall not result in the denial of | ||
services to the child or the child's family. A family must | ||
document its extraordinary expenses or other catastrophic | ||
circumstances by showing one of the following: (i) | ||
out-of-pocket medical expenses in excess of 15% of gross | ||
income; (ii) a fire, flood, or other disaster causing a direct | ||
out-of-pocket loss in excess of 15% of gross income; or (iii) | ||
other catastrophic circumstances causing out-of-pocket losses | ||
in excess of 15% of gross income. The family must present proof | ||
of loss to its service coordinator, who shall document it, and | ||
the lead agency shall determine whether the fees shall be | ||
reduced, forgiven, or suspended within 10 business days after | ||
the family's request. | ||
(g) To ensure that early intervention funds are used as | ||
the payor of last resort for early intervention services, the |
lead agency shall determine at the point of early intervention | ||
intake, and again at any periodic review of eligibility | ||
thereafter or upon a change in family circumstances, whether | ||
the family is eligible for or enrolled in any program for which | ||
payment is made directly or through public or private | ||
insurance for any or all of the early intervention services | ||
made available under this Act. The lead agency shall establish | ||
procedures to ensure that payments are made either directly | ||
from these public and private sources instead of from State or | ||
federal early intervention funds, or as reimbursement for | ||
payments previously made from State or federal early | ||
intervention funds. | ||
Section 10-80. Other programs. | ||
(a) When an application or a review of eligibility for | ||
early intervention services is made, and at any eligibility | ||
redetermination thereafter, the family shall be asked if it is | ||
currently enrolled in any federally funded, Department of | ||
Healthcare and Family Services administered, medical programs, | ||
or the Title V program administered by the University of | ||
Illinois Division of Specialized Care for Children. If the | ||
family is enrolled in any of these programs, that information | ||
shall be put on the individualized family service plan and | ||
entered into the computerized case management system, and | ||
shall require that the individualized family services plan of | ||
a child who has been found eligible for services through the |
Division of Specialized Care for Children state that the child | ||
is enrolled in that program. For those programs in which the | ||
family is not enrolled, a preliminary eligibility screen shall | ||
be conducted simultaneously for (i) medical assistance | ||
(Medicaid) under Article V of the Illinois Public Aid Code, | ||
(ii) children's health insurance program (any federally | ||
funded, Department of Healthcare and Family Services | ||
administered, medical programs) benefits under the Children's | ||
Health Insurance Program Act, and (iii) Title V maternal and | ||
child health services provided through the Division of | ||
Specialized Care for Children of the University of Illinois. | ||
(b) For purposes of determining family fees under | ||
subsection (f) of Section 10-75 and determining eligibility | ||
for the other programs and services specified in items (i) | ||
through (iii) of subsection (a), the lead agency shall develop | ||
and use, with the cooperation of the Department of Healthcare | ||
and Family Services and the Division of Specialized Care for | ||
Children of the University of Illinois, a screening device | ||
that provides sufficient information for the early | ||
intervention regional intake entities or other agencies to | ||
establish eligibility for those other programs and shall, in | ||
cooperation with the Illinois Department of Healthcare and | ||
Family Services and the Division of Specialized Care for | ||
Children, train the regional intake entities on using the | ||
screening device. | ||
(c) When a child is determined eligible for and enrolled |
in the early intervention program and has been found to at | ||
least meet the threshold income eligibility requirements for | ||
any federally funded, Department of Healthcare and Family | ||
Services administered, medical programs, the regional intake | ||
entity shall complete an application for any federally funded, | ||
Department of Healthcare and Family Services administered, | ||
medical programs with the family and forward it to the | ||
Department of Healthcare and Family Services for a | ||
determination of eligibility. A parent shall not be required | ||
to enroll in any federally funded, Department of Healthcare | ||
and Family Services administered, medical programs as a | ||
condition of receiving services provided pursuant to Part C of | ||
the Individuals with Disabilities Education Act. | ||
(d) With the cooperation of the Department of Healthcare | ||
and Family Services, the lead agency shall establish | ||
procedures that ensure the timely and maximum allowable | ||
recovery of payments for all early intervention services and | ||
allowable administrative costs under Article V of the Illinois | ||
Public Aid Code and the Children's Health Insurance Program | ||
Act and shall include those procedures in the interagency | ||
agreement required under subsection (e) of Section 10-35 of | ||
Article 10 of this Act. | ||
(e) For purposes of making referrals for final | ||
determinations of eligibility for any federally funded, | ||
Department of Healthcare and Family Services administered, | ||
medical programs benefits under the Children's Health |
Insurance Program Act and for medical assistance under Article | ||
V of the Illinois Public Aid Code, the lead agency shall | ||
require each early intervention regional intake entity to | ||
enroll as an application agent in order for the entity to | ||
complete any federally funded, Department of Healthcare and | ||
Family Services administered, medical programs application as | ||
authorized under Section 22 of the Children's Health Insurance | ||
Program Act. | ||
(f) For purposes of early intervention services that may | ||
be provided by the Division of Specialized Care for Children | ||
of the University of Illinois (DSCC), the lead agency shall | ||
establish procedures whereby the early intervention regional | ||
intake entities may determine whether children enrolled in the | ||
early intervention program may also be eligible for those | ||
services, and shall develop, (i) the interagency agreement | ||
required under subsection (e) of Section 10-35 of this Act, | ||
establishing that early intervention funds are to be used as | ||
the payor of last resort when services required under an | ||
individualized family services plan may be provided to an | ||
eligible child through the DSCC, and (ii) training guidelines | ||
for the regional intake entities and providers that explain | ||
eligibility and billing procedures for services through DSCC. | ||
(g) The lead agency shall require that an individual | ||
applying for or renewing enrollment as a provider of services | ||
in the early intervention program state whether or not he or | ||
she is also enrolled as a DSCC provider. This information |
shall be noted next to the name of the provider on the | ||
computerized roster of Illinois early intervention providers, | ||
and regional intake entities shall make every effort to refer | ||
families eligible for DSCC services to these providers. | ||
Section 10-85. Private health insurance; assignment. The | ||
lead agency shall determine, at the point of new applications | ||
for early intervention services, and for all children enrolled | ||
in the early intervention program, at the regional intake | ||
offices, whether the child is insured under a private health | ||
insurance plan or policy. | ||
Section 10-90. Billing of insurance carrier. | ||
(a) Subject to the restrictions against private insurance | ||
use on the basis of material risk of loss of coverage, as | ||
determined under Section 10-100, each enrolled provider who is | ||
providing a family with early intervention services shall bill | ||
the child's insurance carrier for each unit of early | ||
intervention service for which coverage may be available. The | ||
lead agency may exempt from the requirement of this paragraph | ||
any early intervention service that it has deemed not to be | ||
covered by insurance plans. When the service is not exempted, | ||
providers who receive a denial of payment on the basis that the | ||
service is not covered under any circumstance under the plan | ||
are not required to bill that carrier for that service again | ||
until the following insurance benefit year. That explanation |
of benefits denying the claim, once submitted to the central | ||
billing office, shall be sufficient to meet the requirements | ||
of this paragraph as to subsequent services billed under the | ||
same billing code provided to that child during that insurance | ||
benefit year. Any time limit on a provider's filing of a claim | ||
for payment with the central billing office that is imposed | ||
through a policy, procedure, or rule of the lead agency shall | ||
be suspended until the provider receives an explanation of | ||
benefits or other final determination of the claim it files | ||
with the child's insurance carrier. | ||
(b) In all instances when an insurance carrier has been | ||
billed for early intervention services, whether paid in full, | ||
paid in part, or denied by the carrier, the provider must | ||
provide the central billing office, within 90 days after | ||
receipt, with a copy of the explanation of benefits form and | ||
other information in the manner prescribed by the lead agency. | ||
(c) When the insurance carrier has denied the claim or | ||
paid an amount for the early intervention service billed that | ||
is less than the current State rate for early intervention | ||
services, the provider shall submit the explanation of | ||
benefits with a claim for payment, and the lead agency shall | ||
pay the provider the difference between the sum actually paid | ||
by the insurance carrier for each unit of service provided | ||
under the individualized family service plan and the current | ||
State rate for early intervention services. The State shall | ||
also pay the family's co-payment or co-insurance under its |
plan, but only to the extent that those payments plus the | ||
balance of the claim do not exceed the current State rate for | ||
early intervention services. The provider may under no | ||
circumstances bill the family for the difference between its | ||
charge for services and that which has been paid by the | ||
insurance carrier or by the State. | ||
Section 10-95. Families with insurance coverage. | ||
(a) Families of children with insurance coverage, whether | ||
public or private, shall incur no greater or less direct | ||
out-of-pocket expenses for early intervention services than | ||
families who are not insured. | ||
(b) Managed care plans. | ||
(1) Use of managed care network providers. When a | ||
family's insurance coverage is through a managed care | ||
arrangement with a network of providers that includes one | ||
or more types of early intervention specialists who | ||
provide the services set forth in the family's | ||
individualized family service plan, the regional intake | ||
entity shall require the family to use those network | ||
providers, but only to the extent that: | ||
(A) the network provider is immediately available | ||
to receive the referral and to begin providing | ||
services to the child; | ||
(B) the network provider is enrolled as a provider | ||
in the Illinois early intervention system and fully |
credentialed under the current policy or rule of the | ||
lead agency; | ||
(C) the network provider can provide the services | ||
to the child in the manner required in the | ||
individualized service plan; | ||
(D) the family would not have to travel more than | ||
an additional 15 miles or an additional 30 minutes to | ||
the network provider than it would have to travel to a | ||
non-network provider who is available to provide the | ||
same service; and | ||
(E) the family's managed care plan does not allow | ||
for billing (even at a reduced rate or reduced | ||
percentage of the claim) for early intervention | ||
services provided by non-network providers. | ||
(2) Transfers from non-network to network providers. | ||
If a child has been receiving services from a non-network | ||
provider and the regional intake entity determines, at the | ||
time of enrollment in the early intervention program or at | ||
any point thereafter, that the family is enrolled in a | ||
managed care plan, the regional intake entity shall | ||
require the family to transfer to a network provider | ||
within 45 days after that determination, but within no | ||
more than 60 days after the effective date of this Act, if: | ||
(A) all the requirements of subdivision (b)(1) of | ||
this Section have been met; and | ||
(B) the child is less than 26 months of age. |
(3) Waivers. The lead agency may fully or partially | ||
waive the network enrollment requirements of subdivision | ||
(b)(1) of this Section and the transfer requirements of | ||
subdivision (b)(2) of this Section as to a particular | ||
region, or narrower geographic area, if it finds that the | ||
managed care plans in that area are not allowing further | ||
enrollment of early intervention providers and it finds | ||
that referrals or transfers to network providers could | ||
cause an overall shortage of early intervention providers | ||
in that region of the State or could cause delays in | ||
families securing the early intervention services set | ||
forth in individualized family services plans. | ||
(4) The lead agency, in conjunction with any entities | ||
with which it may have contracted for the training and | ||
credentialing of providers, the local interagency council | ||
for early intervention, the regional intake entity, and | ||
the enrolled providers in each region who wish to | ||
participate, shall cooperate in developing a matrix and | ||
action plan that (A) identifies both (i) which early | ||
intervention providers and which fully credentialed early | ||
intervention providers are members of the managed care | ||
plans that are used in the region by families with | ||
children in the early intervention program, and (ii) which | ||
early intervention services, with what restrictions, if | ||
any, are covered under those plans, (B) identifies which | ||
credentialed specialists are members of which managed care |
plans in the region, and (C) identifies the various | ||
managed care plans to early intervention providers, | ||
encourages their enrollment in the area plans, and | ||
provides them with information on how to enroll. These | ||
matrices shall be complete no later than 7 months after | ||
the effective date of this Act, and shall be provided to | ||
the Early Intervention Legislative Advisory Committee at | ||
that time. The lead agency shall work with networks that | ||
may have closed enrollment to additional providers to | ||
encourage their admission of early intervention providers, | ||
and shall report to the Early Intervention Legislative | ||
Advisory Committee on the initial results of these efforts | ||
no later than February 1, 2002. | ||
Section 10-100. Private insurance; exemption. | ||
(a) The lead agency shall establish procedures for a | ||
family whose child is eligible to receive early intervention | ||
services to apply for an exemption restricting the use of its | ||
private insurance plan or policy based on material risk of | ||
loss of coverage as authorized under subsection (c) of this | ||
Section. | ||
(b) The lead agency shall make a final determination on a | ||
request for an exemption within 10 business days after its | ||
receipt of a written request for an exemption at the regional | ||
intake entity. During those 10 days, no claims may be filed | ||
against the insurance plan or policy. If the exemption is |
granted, it shall be noted on the individualized family | ||
service plan, and the family and the providers serving the | ||
family shall be notified in writing of the exemption. | ||
(c) An exemption may be granted on the basis of material | ||
risk of loss of coverage only if the family submits | ||
documentation with its request for an exemption that | ||
establishes (i) that the insurance plan or policy covering the | ||
child is an individually purchased plan or policy and has been | ||
purchased by a head of a household that is not eligible for a | ||
group medical insurance plan, (ii) that the policy or plan has | ||
a lifetime cap that applies to one or more specific types of | ||
early intervention services specified in the family's | ||
individualized family service plan, and that coverage could be | ||
exhausted during the period covered by the individualized | ||
family service plan, or (iii) proof of another risk that the | ||
lead agency, in its discretion, may have additionally | ||
established and defined as a ground for exemption by rule. | ||
(d) An exemption under this Section based on material risk | ||
of loss of coverage may apply to all early intervention | ||
services and all plans or policies insuring the child, may be | ||
limited to one or more plans or policies, or may be limited to | ||
one or more types of early intervention services in the | ||
child's individualized family services plan. | ||
Section 10-105. System of personnel development. The lead | ||
agency shall provide training to early intervention providers |
and may enter into contracts to meet this requirement in | ||
accordance with Section 1-30(c) of this Act. This training | ||
shall include, at minimum, the following types of instruction: | ||
(a) Courses in birth-to-3 evaluation and treatment of | ||
children with developmental disabilities and delays (1) that | ||
are taught by fully credentialed early intervention providers | ||
or educators with substantial experience in evaluation and | ||
treatment of children from birth to age 3 with developmental | ||
disabilities and delays, (2) that cover these topics within | ||
each of the disciplines of audiology, occupational therapy, | ||
physical therapy, speech and language pathology, and | ||
developmental therapy, including the social-emotional domain | ||
of development, (3) that are held no less than twice per year, | ||
(4) that offer no fewer than 20 contact hours per year of | ||
course work, (5) that are held in no fewer than 5 separate | ||
locales throughout the State, and (6) that give enrollment | ||
priority to early intervention providers who do not meet the | ||
experience, education, or continuing education requirements | ||
necessary to be fully credentialed early intervention | ||
providers; and | ||
(b) Courses held no less than twice per year for no fewer | ||
than 4 hours each in no fewer than 5 separate locales | ||
throughout the State each on the following topics: | ||
(1) Practice and procedures of private insurance | ||
billing. | ||
(2) The role of the regional intake entities; service |
coordination; program eligibility determinations; family | ||
fees; any federally funded, Department of Healthcare and | ||
Family Services administered, medical programs, and | ||
Division of Specialized Care applications, referrals, and | ||
coordination with Early Intervention; and procedural | ||
safeguards. | ||
(3) Introduction to the early intervention program, | ||
including provider enrollment and credentialing, overview | ||
of Early Intervention program policies and rules, and | ||
billing requirements. | ||
(4) Evaluation and assessment of birth-to-3 children; | ||
individualized family service plan development, | ||
monitoring, and review; best practices; service | ||
guidelines; and quality assurance. | ||
Section 10-110. Contracting. In accordance with Section | ||
1-30(c) of this Act, the lead agency may enter into contracts | ||
for some or all of its responsibilities under this Act, | ||
including, but not limited to: credentialing and enrolling | ||
providers; training under Section 10-105; maintaining a | ||
central billing office; data collection and analysis; | ||
establishing and maintaining a computerized case management | ||
system accessible to local referral offices and providers; | ||
creating and maintaining a system for provider credentialing | ||
and enrollment; creating and maintaining the central directory | ||
required under subsection (g) of Section 10-45 of this Act; |
and program operations. Contracts with or grants to regional | ||
intake entities must be made subject to public bid under a | ||
request for proposals process. | ||
Section 10-120. Early Intervention Services Revolving | ||
Fund. The Early Intervention Services Revolving Fund, created | ||
by Public Act 89-106, shall be held by the lead agency. | ||
The Early Intervention Services Revolving Fund shall be | ||
used to the extent determined necessary by the lead agency to | ||
pay for early intervention services. | ||
Local Accounts for such purposes may be established by the | ||
lead agency. | ||
Expenditures from the Early Intervention Services | ||
Revolving Fund shall be made in accordance with applicable | ||
program provisions and shall be limited to those purposes and | ||
amounts specified under applicable program guidelines. Funding | ||
of the Fund shall be from family fees, insurance company | ||
payments, federal financial participation received as | ||
reimbursement for expenditures from the Fund, and | ||
appropriations made to the State agencies involved in the | ||
payment for early intervention services under this Act. | ||
Disbursements from the Early Intervention Services | ||
Revolving Fund shall be made as determined by the lead agency | ||
or its designee. Funds in the Early Intervention Services | ||
Revolving Fund or the local accounts created under this | ||
Section that are not immediately required for expenditure may |
be invested in certificates of deposit or other interest | ||
bearing accounts. Any interest earned shall be deposited in | ||
the Early Intervention Services Revolving Fund. | ||
ARTICLE 15. POWERS AND DUTIES RELATING TO HOME-VISITING AND | ||
PRESCHOOL SERVICES | ||
Section 15-5. Transition of administrative | ||
responsibilities related to home-visiting services Beginning | ||
July 1, 2024, the Department of Early Childhood and the | ||
Department of Human Services shall collaborate and plan for | ||
the transition of administrative responsibilities related to | ||
home-visiting services as prescribed in Section 10-16 of the | ||
Department of Human Services Act. | ||
Section 15-10. Home visiting program. | ||
(a) The General Assembly finds that research-informed home | ||
visiting programs work to strengthen families' functioning and | ||
support parents in caring for their children to ensure optimal | ||
child development. | ||
(b) Through June 30, 2026, the Department of Human | ||
Services shall administer a home visiting program to support | ||
communities in providing intensive home visiting programs to | ||
pregnant persons and families with children from birth up to | ||
elementary school enrollment. Services shall be offered on a | ||
voluntary basis to families. In awarding grants under the |
program, the Department of Human Services shall prioritize | ||
populations or communities in need of such services, as | ||
determined by the Department of Human Services, based on data | ||
including, but not limited to, statewide home visiting needs | ||
assessments. Eligibility under the program shall also take | ||
into consideration requirements of the federal Maternal, | ||
Infant, and Early Childhood Home Visiting Program and Head | ||
Start and Early Head Start to ensure appropriate alignment. | ||
The overall goals for these services are to: | ||
(1) improve maternal and newborn health; | ||
(2) prevent child abuse and neglect; | ||
(3) promote children's development and readiness to | ||
participate in school; and | ||
(4) connect families to needed community resources | ||
and supports. | ||
(b-5) On and after July 1, 2026, the Department of Early | ||
Childhood shall establish and administer a home visiting | ||
program to support communities in providing intensive home | ||
visiting programs to pregnant persons and families with | ||
children from birth up to elementary school enrollment. | ||
(c) Allowable uses of funding include: | ||
(1) Grants to community-based organizations to | ||
implement home visiting and family support services with | ||
fidelity to research-informed home visiting program | ||
models, as defined by the Department. Services may | ||
include, but are not limited to: |
(A) personal visits with a child and the child's | ||
parent or caregiver at a periodicity aligned with the | ||
model being implemented; | ||
(B) opportunities for connections with other | ||
parents and caregivers in their community and other | ||
social and community supports; | ||
(C) enhancements to research-informed home | ||
visiting program models based on community needs | ||
including doula services, and other program | ||
innovations as approved by the Department; and | ||
(D) referrals to other resources needed by | ||
families. | ||
(2) Infrastructure supports for grantees, including, | ||
but not limited to, professional development for the | ||
workforce, technical assistance and capacity-building, | ||
data system and supports, infant and early childhood | ||
mental health consultation, trauma-informed practices, | ||
research, universal newborn screening, and coordinated | ||
intake. | ||
(d) Subject to appropriation, the Department administering | ||
home-visiting programs subject to Section 15-10 (b) and | ||
Section 15-10(b-5) shall award grants to community-based | ||
agencies in accordance with this Section and any other rules | ||
that may be adopted by the Department. Successful grantees | ||
under this program shall comply with policies and procedures | ||
on program, data, and expense reporting as developed by the |
Department. | ||
(e) Funds received under this Section shall supplement, | ||
not supplant, other existing or new federal, State, or local | ||
sources of funding for these services. Any new federal funding | ||
received shall supplement and not supplant funding for this | ||
program. | ||
(f) The Department administering home-visiting programs | ||
subject to Section 15-10 (b) and Section 15-10(b-5) shall | ||
collaborate with relevant agencies to support the coordination | ||
and alignment of home visiting services provided through other | ||
State and federal funds, to the extent possible. The | ||
Department administering home-visiting programs subject to | ||
Section 15-10 (b) and Section 15-10(b-5) shall collaborate | ||
with the State Board of Education, the Department of | ||
Healthcare and Family Services, and Head Start and Early Head | ||
Start in the implementation of these services to support | ||
alignment with home visiting services provided through the | ||
Early Childhood Block Grant and the State's Medical Assistance | ||
Program, respectively, to the extent possible. | ||
(g) An advisory committee shall advise the Department | ||
administering home-visiting programs subject to Section | ||
15-10(b) and Section 15-10(b-5) concerning the implementation | ||
of the home visiting program. The advisory committee shall | ||
make recommendations on policy and implementation. The | ||
Department shall determine whether the advisory committee | ||
shall be a newly created body or an existing body such as a |
committee of the Illinois Early Learning Council. The advisory | ||
committee shall consist of one or more representatives of the | ||
Department, other members representing public and private | ||
entities that serve and interact with the families served | ||
under the home visiting program, with the input of families | ||
engaged in home visiting or related services themselves. | ||
Family input may be secured by engaging families as members of | ||
this advisory committee or as a separate committee of family | ||
representatives. | ||
(h) The Department of Early Childhood may adopt any rules | ||
necessary to implement this Section. | ||
Section 15-15. Collaboration; planning. Beginning July 1, | ||
2024, the Department of Early Childhood shall collaborate with | ||
the Illinois State Board of Education on administration of the | ||
early childhood programs established in Sections 1C-2, 2-3.71, | ||
2-3.71a, and 2-3.89 of the School Code. The Department of | ||
Early Childhood and the Illinois State Board of Education | ||
shall plan for the transfer of administrative responsibilities | ||
that will occur on and after July 1, 2026. | ||
Section 15-20. Programs concerning services to at-risk | ||
children and their families. | ||
(a) On and after July 1, 2026, the Department of Early | ||
Childhood may provide grants to eligible entities, as defined | ||
by the Department, to establish programs which offer |
coordinated services to at-risk infants and toddlers and their | ||
families. Each program shall include a parent education | ||
program relating to the development and nurturing of infants | ||
and toddlers and case management services to coordinate | ||
existing services available in the region served by the | ||
program. These services shall be provided through the | ||
implementation of an individual family service plan. Each | ||
program will have a community involvement component to provide | ||
coordination in the service system. | ||
(b) The Department shall administer the programs through | ||
the grants to public school districts and other eligible | ||
entities. These grants must be used to supplement, not | ||
supplant, funds received from any other source. School | ||
districts and other eligible entities receiving grants | ||
pursuant to this Section shall conduct voluntary, intensive, | ||
research-based, and comprehensive prevention services, as | ||
defined by the Department, for expecting parents and families | ||
with children from birth to age 3 who are at-risk of academic | ||
failure. A public school district that receives a grant under | ||
this Section may subcontract with other eligible entities. | ||
(c) The Department shall report to the General Assembly by | ||
July 1, 2028 and every 2 years thereafter, using the most | ||
current data available, on the status of programs funded under | ||
this Section, including without limitation characteristics of | ||
participants, services delivered, program models used, unmet | ||
needs, and results of the programs funded. |
Section 15-25. Block grants. | ||
(a) Through June 30, 2026, the State Board of Education | ||
shall award block grants to school districts and other | ||
entities pursuant to Section 1C-2 of the School Code. | ||
(b) On and after July 1, 2026, the Department of Early | ||
Childhood shall award to school districts and other entities | ||
block grants as described in subsection (c). The Department of | ||
Early Childhood may adopt rules necessary to implement this | ||
Section. Block grants are subject to audit. Therefore, block | ||
grant receipts and block grant expenditures shall be recorded | ||
to the appropriate fund code. | ||
(c) An Early Childhood Education Block Grant shall be | ||
created by combining the following programs: Preschool | ||
Education, Parental Training and Prevention Initiative. These | ||
funds shall be distributed to school districts and other | ||
entities on a competitive basis, except that the Department of | ||
Early Childhood shall award to a school district having a | ||
population exceeding 500,000 inhabitants 37% of the funds in | ||
each fiscal year. Not less than 14% of the Early Childhood | ||
Education Block Grant allocation of funds shall be used to | ||
fund programs for children ages 0-3. Beginning in Fiscal Year | ||
2016, at least 25% of any additional Early Childhood Education | ||
Block Grant funding over and above the previous fiscal year's | ||
allocation shall be used to fund programs for children ages | ||
0-3. Once the percentage of Early Childhood Education Block |
Grant funding allocated to programs for children ages 0-3 | ||
reaches 20% of the overall Early Childhood Education Block | ||
Grant allocation for a full fiscal year, thereafter in | ||
subsequent fiscal years the percentage of Early Childhood | ||
Education Block Grant funding allocated to programs for | ||
children ages 0-3 each fiscal year shall remain at least 20% of | ||
the overall Early Childhood Education Block Grant allocation. | ||
However, if, in a given fiscal year, the amount appropriated | ||
for the Early Childhood Education Block Grant is insufficient | ||
to increase the percentage of the grant to fund programs for | ||
children ages 0-3 without reducing the amount of the grant for | ||
existing providers of preschool education programs, then the | ||
percentage of the grant to fund programs for children ages 0-3 | ||
may be held steady instead of increased. | ||
(d) A school district in a city having a population | ||
exceeding 500,000 is not required to file any application or | ||
other claim in order to receive the block grant to which it is | ||
entitled under this Section. The Department of Early Childhood | ||
shall make payments to the district of amounts due under the | ||
district's block grant on a schedule determined by the | ||
Department. A school district to which this Section applies | ||
shall report to the Department of Early Childhood on its use of | ||
the block grant in such form and detail as the Department may | ||
specify. In addition, the report must include the following | ||
description for the district, which must also be reported to | ||
the General Assembly: block grant allocation and expenditures |
by program; population and service levels by program; and | ||
administrative expenditures by program. The Department shall | ||
ensure that the reporting requirements for the district are | ||
the same as for all other school districts in this State. | ||
Beginning in Fiscal Year 2018, at least 25% of any additional | ||
Preschool Education, Parental Training, and Prevention | ||
Initiative program funding over and above the previous fiscal | ||
year's allocation shall be used to fund programs for children | ||
ages 0-3. Beginning in Fiscal Year 2018, funding for Preschool | ||
Education, Parental Training, and Prevention Initiative | ||
programs above the allocation for these programs in Fiscal | ||
Year 2017 must be used solely as a supplement for these | ||
programs and may not supplant funds received from other | ||
sources. | ||
(e) Reports. School districts and other entities that | ||
receive an Early Childhood Education Block Grant shall report | ||
to the Department of Early Childhood on its use of the block | ||
grant in such form and detail as the Department may specify. In | ||
addition, the report must include the following description | ||
for the district and other entities that receive an Early | ||
Childhood Block Grant, which must also be reported to the | ||
General Assembly: block grant allocation and expenditures by | ||
program; population and service levels by program; and | ||
administrative expenditures by program. | ||
Section 15-30. Grants for preschool educational programs. |
(a) Preschool program. | ||
(1) Through June 30, 2026, The State Board of | ||
Education shall implement and administer a grant program | ||
to conduct voluntary preschool educational programs for | ||
children ages 3 to 5, which include a parent education | ||
component, pursuant to Section 2-3.71 of the School Code. | ||
(2) On and after July 1, 2026, the Department of Early | ||
Childhood shall implement and administer a grant program | ||
for school districts and other eligible entities, as | ||
defined by the Department, to conduct voluntary preschool | ||
educational programs for children ages 3 to 5 which | ||
include a parent education component. A public school | ||
district which receives grants under this subsection may | ||
subcontract with other entities that are eligible to | ||
conduct a preschool educational program. These grants must | ||
be used to supplement, not supplant, funds received from | ||
any other source. | ||
(3) Except as otherwise provided under this subsection | ||
(a), any teacher of preschool children in the program | ||
authorized by this subsection shall hold a Professional | ||
Educator License with an early childhood education | ||
endorsement. | ||
(3.5) Beginning with the 2018-2019 school year and | ||
until the 2028-2029 school year, an individual may teach | ||
preschool children in an early childhood program under | ||
this Section if he or she holds a Professional Educator |
License with an early childhood education endorsement or | ||
with short-term approval for early childhood education or | ||
he or she pursues a Professional Educator License and | ||
holds any of the following: | ||
(A) An ECE Credential Level of 5 awarded by the | ||
Department of Human Services under the Gateways to | ||
Opportunity Program developed under Section 10-70 of | ||
the Department of Human Services Act. | ||
(B) An Educator License with Stipulations with a | ||
transitional bilingual educator endorsement and he or | ||
she has (i) passed an early childhood education | ||
content test or (ii) completed no less than 9 semester | ||
hours of postsecondary coursework in the area of early | ||
childhood education. | ||
(4) Through June 30, 2026, the State Board of | ||
Education shall provide the primary source of funding | ||
through appropriations for the program. On and after July | ||
1, 2026, the Department of Early Childhood shall provide | ||
the primary source of funding through appropriations for | ||
the program. Such funds shall be distributed to achieve a | ||
goal of "Preschool for All Children" for the benefit of | ||
all children whose families choose to participate in the | ||
program. Based on available appropriations, newly funded | ||
programs shall be selected through a process giving first | ||
priority to qualified programs serving primarily at-risk | ||
children and second priority to qualified programs serving |
primarily children with a family income of less than 4 | ||
times the poverty guidelines updated periodically in the | ||
Federal Register by the U.S. Department of Health and | ||
Human Services under the authority of 42 U.S.C. 9902(2). | ||
For purposes of this paragraph (4), at-risk children are | ||
those who because of their home and community environment | ||
are subject to such language, cultural, economic and like | ||
disadvantages to cause them to have been determined as a | ||
result of screening procedures to be at risk of academic | ||
failure. Through June 30, 2026, such screening procedures | ||
shall be based on criteria established by the State Board | ||
of Education. On and after July 1, 2026, such screening | ||
procedures shall be based on criteria established by the | ||
Department of Early Childhood. Except as otherwise | ||
provided in this paragraph (4), grantees under the program | ||
must enter into a memorandum of understanding with the | ||
appropriate local Head Start agency. This memorandum must | ||
be entered into no later than 3 months after the award of a | ||
grantee's grant under the program and must address | ||
collaboration between the grantee's program and the local | ||
Head Start agency on certain issues, which shall include | ||
without limitation the following: | ||
(A) educational activities, curricular objectives, | ||
and instruction; | ||
(B) public information dissemination and access to | ||
programs for families contacting programs; |
(C) service areas; | ||
(D) selection priorities for eligible children to | ||
be served by programs; | ||
(E) maximizing the impact of federal and State | ||
funding to benefit young children; | ||
(F) staff training, including opportunities for | ||
joint staff training; | ||
(G) technical assistance; | ||
(H) communication and parent outreach for smooth | ||
transitions to kindergarten; | ||
(I) provision and use of facilities, | ||
transportation, and other program elements; | ||
(J) facilitating each program's fulfillment of its | ||
statutory and regulatory requirements; | ||
(K) improving local planning and collaboration; | ||
and | ||
(L) providing comprehensive services for the | ||
neediest Illinois children and families. Through June | ||
30, 2026, if the appropriate local Head Start agency | ||
is unable or unwilling to enter into a memorandum of | ||
understanding as required under this paragraph (4), | ||
the memorandum of understanding requirement shall not | ||
apply and the grantee under the program must notify | ||
the State Board of Education in writing of the Head | ||
Start agency's inability or unwillingness. Through | ||
June 30, 2026, the State Board of Education shall |
compile all such written notices and make them | ||
available to the public. On and after July 1, 2026, if | ||
the appropriate local Head Start agency is unable or | ||
unwilling to enter into a memorandum of understanding | ||
as required under this paragraph (4), the memorandum | ||
of understanding requirement shall not apply and the | ||
grantee under the program must notify the Department | ||
of Early Childhood in writing of the Head Start | ||
agency's inability or unwillingness. The Department of | ||
Early Childhood shall compile all such written notices | ||
and make them available to the public. | ||
(5) Through June 30, 2026, the State Board of | ||
Education shall develop and provide evaluation tools, | ||
including tests, that school districts and other eligible | ||
entities may use to evaluate children for school readiness | ||
prior to age 5. The State Board of Education shall require | ||
school districts and other eligible entities to obtain | ||
consent from the parents or guardians of children before | ||
any evaluations are conducted. The State Board of | ||
Education shall encourage local school districts and other | ||
eligible entities to evaluate the population of preschool | ||
children in their communities and provide preschool | ||
programs, pursuant to this subsection, where appropriate. | ||
(5.1) On and after July 1, 2026, the Department of | ||
Early Childhood shall develop and provide evaluation | ||
tools, including tests, that school districts and other |
eligible entities may use to evaluate children for school | ||
readiness prior to age 5. The Department of Early | ||
Childhood shall require school districts and other | ||
eligible entities to obtain consent from the parents or | ||
guardians of children before any evaluations are | ||
conducted. The Department of Early Childhood shall | ||
encourage local school districts and other eligible | ||
entities to evaluate the population of preschool children | ||
in their communities and provide preschool programs, | ||
pursuant to this subsection, where appropriate. | ||
(6) Through June 30, 2026, the State Board of | ||
Education shall report to the General Assembly by November | ||
1, 2018 and every 2 years thereafter on the results and | ||
progress of students who were enrolled in preschool | ||
educational programs, including an assessment of which | ||
programs have been most successful in promoting academic | ||
excellence and alleviating academic failure. Through June | ||
30, 2026, the State Board of Education shall assess the | ||
academic progress of all students who have been enrolled | ||
in preschool educational programs. Through Fiscal Year | ||
2026, on or before November 1 of each fiscal year in which | ||
the General Assembly provides funding for new programs | ||
under paragraph (4) of this Section, the State Board of | ||
Education shall report to the General Assembly on what | ||
percentage of new funding was provided to programs serving | ||
primarily at-risk children, what percentage of new funding |
was provided to programs serving primarily children with a | ||
family income of less than 4 times the federal poverty | ||
level, and what percentage of new funding was provided to | ||
other programs. | ||
(6.1) On and after July 1, 2026, the Department of | ||
Early Childhood shall report to the General Assembly by | ||
November 1, 2026 and every 2 years thereafter on the | ||
results and progress of students who were enrolled in | ||
preschool educational programs, including an assessment of | ||
which programs have been most successful in promoting | ||
academic excellence and alleviating academic failure. On | ||
and after July 1, 2026, the Department of Early Childhood | ||
shall assess the academic progress of all students who | ||
have been enrolled in preschool educational programs. | ||
Beginning in Fiscal Year 2027, on or before November 1 of | ||
each fiscal year in which the General Assembly provides | ||
funding for new programs under paragraph (4) of this | ||
Section, the Department of Early Childhood shall report to | ||
the General Assembly on what percentage of new funding was | ||
provided to programs serving primarily at-risk children, | ||
what percentage of new funding was provided to programs | ||
serving primarily children with a family income of less | ||
than 4 times the federal poverty level, and what | ||
percentage of new funding was provided to other programs. | ||
(7) Due to evidence that expulsion practices in the | ||
preschool years are linked to poor child outcomes and are |
employed inconsistently across racial and gender groups, | ||
early childhood programs receiving State funds under this | ||
subsection (a) shall prohibit expulsions. Planned | ||
transitions to settings that are able to better meet a | ||
child's needs are not considered expulsion under this | ||
paragraph (7). | ||
(A) When persistent and serious challenging | ||
behaviors emerge, the early childhood program shall | ||
document steps taken to ensure that the child can | ||
participate safely in the program; including | ||
observations of initial and ongoing challenging | ||
behaviors, strategies for remediation and intervention | ||
plans to address the behaviors, and communication with | ||
the parent or legal guardian, including participation | ||
of the parent or legal guardian in planning and | ||
decision-making. | ||
(B) The early childhood program shall, with | ||
parental or legal guardian consent as required, use a | ||
range of community resources, if available and deemed | ||
necessary, including, but not limited to, | ||
developmental screenings, referrals to programs and | ||
services administered by a local educational agency or | ||
early intervention agency under Parts B and C of the | ||
federal Individual with Disabilities Education Act, | ||
and consultation with infant and early childhood | ||
mental health consultants and the child's health care |
provider. The program shall document attempts to | ||
engage these resources, including parent or legal | ||
guardian participation and consent attempted and | ||
obtained. Communication with the parent or legal | ||
guardian shall take place in a culturally and | ||
linguistically competent manner. | ||
(C) If there is documented evidence that all | ||
available interventions and supports recommended by a | ||
qualified professional have been exhausted and the | ||
program determines in its professional judgment that | ||
transitioning a child to another program is necessary | ||
for the well-being of the child or his or her peers and | ||
staff, with parent or legal guardian permission, both | ||
the current and pending programs shall create a | ||
transition plan designed to ensure continuity of | ||
services and the comprehensive development of the | ||
child. Communication with families shall occur in a | ||
culturally and linguistically competent manner. | ||
(D) Nothing in this paragraph (7) shall preclude a | ||
parent's or legal guardian's right to voluntarily | ||
withdraw his or her child from an early childhood | ||
program. Early childhood programs shall request and | ||
keep on file, when received, a written statement from | ||
the parent or legal guardian stating the reason for | ||
his or her decision to withdraw his or her child. | ||
(E) In the case of the determination of a serious |
safety threat to a child or others or in the case of | ||
behaviors listed in subsection (d) of Section 10-22.6 | ||
of the School Code, the temporary removal of a child | ||
from attendance in group settings may be used. | ||
Temporary removal of a child from attendance in a | ||
group setting shall trigger the process detailed in | ||
subparagraphs (A), (B), and (C) of this paragraph (7), | ||
with the child placed back in a group setting as | ||
quickly as possible. | ||
(F) Early childhood programs may use and the | ||
Department of Early Childhood, State Board of | ||
Education, the Department of Human Services, and the | ||
Department of Children and Family Services shall | ||
recommend training, technical support, and | ||
professional development resources to improve the | ||
ability of teachers, administrators, program | ||
directors, and other staff to promote social-emotional | ||
development and behavioral health, to address | ||
challenging behaviors, and to understand trauma and | ||
trauma-informed care, cultural competence, family | ||
engagement with diverse populations, the impact of | ||
implicit bias on adult behavior, and the use of | ||
reflective practice techniques. Support shall include | ||
the availability of resources to contract with infant | ||
and early childhood mental health consultants. | ||
(G) Through June 30, 2026, early childhood |
programs shall annually report to the State Board of | ||
Education, and, beginning in Fiscal Year 2020, the | ||
State Board of Education shall make available on a | ||
biennial basis, in an existing report, all of the | ||
following data for children from birth to age 5 who are | ||
served by the program: | ||
(i) Total number served over the course of the | ||
program year and the total number of children who | ||
left the program during the program year. | ||
(ii) Number of planned transitions to another | ||
program due to children's behavior, by children's | ||
race, gender, disability, language, class/group | ||
size, teacher-child ratio, and length of program | ||
day. | ||
(iii) Number of temporary removals of a child | ||
from attendance in group settings due to a serious | ||
safety threat under subparagraph (E) of this | ||
paragraph (7), by children's race, gender, | ||
disability, language, class/group size, | ||
teacher-child ratio, and length of program day. | ||
(iv) Hours of infant and early childhood | ||
mental health consultant contact with program | ||
leaders, staff, and families over the program | ||
year. | ||
(G-5) On and after July 1, 2026, early childhood | ||
programs shall annually report to the Department of |
Early Childhood, and beginning in Fiscal Year 2028, | ||
the Department of Early Childhood shall make available | ||
on a biennial basis, in a report, all of the following | ||
data for children from birth to age 5 who are served by | ||
the program: | ||
(i) Total number served over the course of the | ||
program year and the total number of children who | ||
left the program during the program year. | ||
(ii) Number of planned transitions to another | ||
program due to children's behavior, by children's | ||
race, gender, disability, language, class/group | ||
size, teacher-child ratio, and length of program | ||
day. | ||
(iii) Number of temporary removals of a child | ||
from attendance in group settings due to a serious | ||
safety threat under subparagraph (E) of this | ||
paragraph (7), by children's race, gender, | ||
disability, language, class/group size, | ||
teacher-child ratio, and length of program day. | ||
(iv) Hours of infant and early childhood | ||
mental health consultant contact with program | ||
leaders, staff, and families over the program | ||
year. | ||
(H) Changes to services for children with an | ||
individualized education program or individual family | ||
service plan shall be construed in a manner consistent |
with the federal Individuals with Disabilities | ||
Education Act. | ||
The Department of Early Childhood, in consultation | ||
with the Department of Children and Family Services, shall | ||
adopt rules to administer this paragraph (7). | ||
(b) Notwithstanding any other provisions of this Section, | ||
grantees may serve children ages 0 to 12 of essential workers | ||
if the Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act. The Department of Early Childhood may | ||
adopt rules to administer this subsection. | ||
Section 15-35. Chronic absenteeism in preschool children. | ||
(a) In this Section, "chronic absence" means absences that | ||
total 10% or more of school days of the most recent academic | ||
school year, including absences with and without valid cause, | ||
as defined in Section 26-2a of the School Code. | ||
(b) The General Assembly makes all of the following | ||
findings: | ||
(1) The early years are an extremely important period | ||
in a child's learning and development. | ||
(2) Missed learning opportunities in the early years | ||
make it difficult for a child to enter kindergarten ready | ||
for success. | ||
(3) Attendance patterns in the early years serve as | ||
predictors of chronic absenteeism and reduced educational |
outcomes in later school years. Therefore, it is crucial | ||
that the implications of chronic absence be understood and | ||
reviewed regularly under the Preschool for All Program and | ||
Preschool for All Expansion Program under Section 15-30 of | ||
this Act. | ||
(c) The Preschool for All Program and Preschool for All | ||
Expansion Program under Section 15-30 of this Act shall | ||
collect and review its chronic absence data and determine what | ||
support and resources are needed to positively engage | ||
chronically absent students and their families to encourage | ||
the habit of daily attendance and promote success. | ||
(d) The Preschool for All Program and Preschool for All | ||
Expansion Program under Section 15-30 of this Act are | ||
encouraged to do all of the following: | ||
(1) Provide support to students who are at risk of | ||
reaching or exceeding chronic absence levels. | ||
(2) Make resources available to families, such as | ||
those available through the State Board of Education's | ||
Family Engagement Framework, to support and encourage | ||
families to ensure their children's daily program | ||
attendance. | ||
(3) Include information about chronic absenteeism as | ||
part of their preschool to kindergarten transition | ||
resources. | ||
(e) On or before July 1, 2020, and annually thereafter | ||
through June 30, 2026, the Preschool for All Program and |
Preschool for All Expansion Program shall report all data | ||
collected under subsection (c) of this Section to the State | ||
Board of Education, which shall make the report publicly | ||
available via the Illinois Early Childhood Asset Map Internet | ||
website and the Preschool for All Program or Preschool for All | ||
Expansion Program triennial report. | ||
(e-5) On and after July 1, 2026, the Preschool for All | ||
Program and Preschool for All Expansion Program shall report | ||
all data collected under subsection (c) to the Department of | ||
Early Childhood, which shall review the chronic absence data | ||
to determine what support and resources are needed to | ||
positively engage chronically absent students and their | ||
families to encourage the habit of daily attendance and | ||
promote success. The Department shall also report all data | ||
collected under this subsection and make a report publicly | ||
available via the Illinois Early Childhood Asset Map Internet | ||
website and the Preschool for All Program or Preschool for All | ||
Expansion Program triennial report. | ||
Section 15-40. Restrictions on prekindergarten | ||
assessments. | ||
(a) In this Section: | ||
"Diagnostic and screening purposes" means for the purpose | ||
of determining if individual students need remedial | ||
instruction or to determine eligibility for special education, | ||
early intervention, bilingual education, dyslexia services, or |
other related educational services. Any assessment used to | ||
determine eligibility for special education or related | ||
services must be consistent with Section 614 of the federal | ||
Individuals with Disabilities Education Act. "Diagnostic and | ||
screening purposes" includes the identification and evaluation | ||
of students with disabilities. "Diagnostic and screening | ||
purposes" does not include any assessment in which student | ||
scores are used to rate or rank a classroom, program, teacher, | ||
school, school district, or jurisdiction. | ||
"Standardized assessment" means an assessment that | ||
requires all student test takers to answer the same questions, | ||
or a selection of questions from a common bank of questions, in | ||
the same manner or substantially the same questions in the | ||
same manner. "Standardized assessment" does not include an | ||
observational assessment tool used to satisfy the requirements | ||
of Section 2-3.64a-10 of the School Code. | ||
(b) Consistent with Section 2-3.64a-15 of the School Code, | ||
the Department of Early Childhood may not develop, purchase, | ||
or require a school district to administer, develop, or | ||
purchase a standardized assessment for students enrolled or | ||
preparing to enroll in prekindergarten, other than for | ||
diagnostic and screening purposes. | ||
(c) Consistent with Section 2-3.64a-15 of the School Code, | ||
the Department of Early Childhood may not provide funding for | ||
any standardized assessment of students enrolled or preparing | ||
to enroll in prekindergarten, other than for diagnostic and |
screening purposes. | ||
(d) Nothing in this Section shall be construed to limit | ||
the ability of a classroom teacher or school district to | ||
develop, purchase, administer, or score an assessment for an | ||
individual classroom, grade level, or group of grade levels in | ||
any subject area in prekindergarten. | ||
(e) Nothing in this Section limits procedures used by a | ||
school or school district for child find under 34 CFR | ||
300.111(c) or evaluation under 34 CFR 300.304. | ||
(f) Nothing in this Section restricts the use of an annual | ||
assessment of English proficiency of all English learners to | ||
comply with Section 1111(b)(2)(G) of the federal Elementary | ||
and Secondary Education Act of 1965. | ||
Section 15-45. Grants for early childhood parental | ||
training programs. On and after July 1, 2026, the Department | ||
of Early Childhood shall implement and administer a grant | ||
program consisting of grants to public school districts and | ||
other eligible entities, as defined by the Department, to | ||
conduct early childhood parental training programs for the | ||
parents of children in the period of life from birth to | ||
prekindergarten. A public school district that receives grants | ||
under this Section may contract with other eligible entities | ||
to conduct an early childhood parental training program. These | ||
grants must be used to supplement, not supplant, funds | ||
received from any other source. A school board or other |
eligible entity shall employ appropriately qualified personnel | ||
for its early childhood parental training program, including | ||
but not limited to certified teachers, counselors, | ||
psychiatrists, psychologists and social workers. | ||
(a) As used in this Section, "parental training" means and | ||
includes instruction in the following: | ||
(1) Child growth and development, including prenatal | ||
development. | ||
(2) Childbirth and child care. | ||
(3) Family structure, function and management. | ||
(4) Prenatal and postnatal care for mothers and | ||
infants. | ||
(5) Prevention of child abuse. | ||
(6) The physical, mental, emotional, social, economic | ||
and psychological aspects of interpersonal and family | ||
relationships. | ||
(7) Parenting skill development. | ||
The programs shall include activities that require | ||
substantial participation and interaction between parent and | ||
child. | ||
(b) The Department shall annually award funds through a | ||
grant approval process established by the Department, | ||
providing that an annual appropriation is made for this | ||
purpose from State, federal or private funds. Nothing in this | ||
Section shall preclude school districts from applying for or | ||
accepting private funds to establish and implement programs. |
(c) The Department shall assist those districts and other | ||
eligible entities offering early childhood parental training | ||
programs, upon request, in developing instructional materials, | ||
training teachers and staff, and establishing appropriate time | ||
allotments for each of the areas included in such instruction. | ||
(d) School districts and other eligible entities may offer | ||
early childhood parental training courses during that period | ||
of the day which is not part of the regular school day. | ||
Residents of the community may enroll in such courses. The | ||
school board or other eligible entity may establish fees and | ||
collect such charges as may be necessary for attendance at | ||
such courses in an amount not to exceed the per capita cost of | ||
the operation thereof, except that the board or other eligible | ||
entity may waive all or part of such charges if it determines | ||
that the parent is indigent or that the educational needs of | ||
the parent require his or her attendance at such courses. | ||
(e) Parents who participate in early childhood parental | ||
training programs under this Section may be eligible for | ||
reasonable reimbursement of any incidental transportation and | ||
child care expenses from the school district receiving funds | ||
pursuant to this Section. | ||
(f) Districts and other eligible entities receiving grants | ||
pursuant to this Section shall coordinate programs created | ||
under this Section with other preschool educational programs, | ||
including "at-risk" preschool programs, special and vocational | ||
education, and related services provided by other governmental |
agencies and not-for-profit agencies. | ||
(g) Early childhood programs under this Section are | ||
subject to the requirements under paragraph (7) of subsection | ||
(a) of Section 15-30 of this Act. | ||
Section 15-50. Early childhood construction grants. | ||
(a) The Capital Development Board is authorized to make | ||
grants to public school districts and not-for-profit entities | ||
for early childhood construction projects, except that in | ||
Fiscal Year 2024 those grants may be made only to public school | ||
districts. These grants shall be paid out of moneys | ||
appropriated for that purpose from the School Construction | ||
Fund, the Build Illinois Bond Fund, or the Rebuild Illinois | ||
Projects Fund. No grants may be awarded to entities providing | ||
services within private residences. A public school district | ||
or other eligible entity must provide local matching funds in | ||
the following manner: | ||
(1) A public school district assigned to Tier 1 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 3% of | ||
the grant awarded under this Section. | ||
(2) A public school district assigned to Tier 2 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 7.5% of |
the grant awarded under this Section. | ||
(3) A public school district assigned to Tier 3 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 8.75% | ||
of the grant awarded under this Section. | ||
(4) A public school district assigned to Tier 4 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 10% of | ||
the grant awarded under this Section. | ||
A public school district or other eligible entity has no | ||
entitlement to a grant under this Section. | ||
(b) The Capital Development Board shall adopt rules to | ||
implement this Section. These rules need not be the same as the | ||
rules for school construction project grants or school | ||
maintenance project grants. The rules may specify: | ||
(1) the manner of applying for grants; | ||
(2) project eligibility requirements; | ||
(3) restrictions on the use of grant moneys; | ||
(4) the manner in which school districts and other | ||
eligible entities must account for the use of grant | ||
moneys; | ||
(5) requirements that new or improved facilities be | ||
used for early childhood and other related programs for a | ||
period of at least 10 years; and |
(6) any other provision that the Capital Development | ||
Board determines to be necessary or useful for the | ||
administration of this Section. | ||
(b-5) When grants are made to non-profit corporations for | ||
the acquisition or construction of new facilities, the Capital | ||
Development Board or any State agency it so designates shall | ||
hold title to or place a lien on the facility for a period of | ||
10 years after the date of the grant award, after which title | ||
to the facility shall be transferred to the non-profit | ||
corporation or the lien shall be removed, provided that the | ||
non-profit corporation has complied with the terms of its | ||
grant agreement. When grants are made to non-profit | ||
corporations for the purpose of renovation or rehabilitation, | ||
if the non-profit corporation does not comply with item (5) of | ||
subsection (b) of this Section, the Capital Development Board | ||
or any State agency it so designates shall recover the grant | ||
pursuant to the procedures outlined in the Illinois Grant | ||
Funds Recovery Act. | ||
(c) On and after July 1, 2026, the Capital Development | ||
Board, in consultation with the Department of Early Childhood, | ||
shall establish standards for the determination of priority | ||
needs concerning early childhood projects based on projects | ||
located in communities in the State with the greatest | ||
underserved population of young children, utilizing Census | ||
data and other reliable local early childhood service data. | ||
(d) In each school year in which early childhood |
construction project grants are awarded, 20% of the total | ||
amount awarded shall be awarded to a school district with a | ||
population of more than 500,000, provided that the school | ||
district complies with the requirements of this Section and | ||
the rules adopted under this Section. | ||
Section 15-55. Infant/early childhood mental health | ||
consultations. | ||
(a) Findings; policies. | ||
(1) The General Assembly finds that social and | ||
emotional development is a core, developmental domain in | ||
young children and is codified in the Illinois Early | ||
Learning Standards. | ||
(2) Fostering social and emotional development in, | ||
early childhood means both providing the supportive | ||
settings and interactions to maximize healthy social and | ||
emotional development for all children, as well as | ||
providing communities, programs, and providers with | ||
systems of tiered supports with training to respond to | ||
more significant social and emotional challenges or where | ||
experiences of trauma may be more prevalent. | ||
(3) Early care and education programs and providers, | ||
across a range of settings, have an important role to play | ||
in supporting young children and families, especially | ||
those who face greater challenges, such as trauma | ||
exposure, social isolation, pervasive poverty, and toxic |
stress. If programs, teaching staff, caregivers, and | ||
providers are not provided with the support, services, and | ||
training needed to accomplish these goals, it can lead to | ||
children and families being asked to leave programs, | ||
particularly without connection to more appropriate | ||
services, thereby creating a disruption in learning and | ||
social-emotional development. Investments in reflective | ||
supervision, professional development specific to | ||
diversity, equity, and inclusion practice, culturally | ||
responsive training, implicit bias training, and how | ||
trauma experienced during the early years can manifest in | ||
challenging behaviors will create systems for serving | ||
children that are informed in developmentally appropriate | ||
and responsive supports. | ||
(4) Studies have shown that the expulsion of infants, | ||
toddlers, and young children in early care and education | ||
settings is occurring at alarmingly high rates, more than | ||
3 times that of students in K-12; further, expulsion | ||
occurs more frequently for Black children and Latinx | ||
children and more frequently for boys than for girls, with | ||
Black boys being most frequently expelled; there is | ||
evidence to show that the expulsion of Black girls is | ||
occurring with increasing frequency. | ||
(5) Illinois took its first steps toward addressing | ||
this disparity through Public Act 100-105 to prohibit | ||
expulsion due to child behavior in early care and |
education settings, but further work is needed to | ||
implement this law, including strengthening provider | ||
understanding of a successful transition and beginning to | ||
identify strategies to reduce "soft expulsions" and to | ||
ensure more young children and their teachers, providers, | ||
and caregivers, in a range of early care and education | ||
settings, can benefit from services, such as Infant/Early | ||
Childhood Mental Health Consultations (I/ECMHC) and | ||
positive behavior interventions and supports such as the | ||
Pyramid Model. | ||
(6) I/ECMHC is a critical component needed to align | ||
social-emotional well-being with the public health model | ||
of promotion, prevention, and intervention across early | ||
care and education systems. | ||
(b) The General Assembly encourages that all of the | ||
following actions be taken by: | ||
(1) the State to increase the availability of | ||
Infant/Early Childhood Mental Health Consultations | ||
(I/ECMHC) through increased funding in early childhood | ||
programs and sustainable funding for coordination of | ||
I/ECMHC and other social and emotional support at the | ||
State level; | ||
(2) the Department of Early Childhood, the Department | ||
of Human Services, the Illinois State Board of Education, | ||
and other relevant agencies to develop and promote | ||
provider-accessible and parent-accessible materials, |
including native language, on the role and value of | ||
I/ECMHC, including targeted promotion in underserved | ||
communities, and promote the use of existing I/ECMHCs, the | ||
I/ECMHC consultant database, or other existing services; | ||
(3) the State to increase funding to promote and | ||
provide training and implementation support for systems of | ||
tiered support, such as the Pyramid Model, across early | ||
childhood settings and urge the Department of Early | ||
Childhood, the Department of Human Services, the Illinois | ||
State Board of Education, and other relevant State | ||
agencies to coordinate efforts and develop strategies to | ||
provide outreach to and support providers in underserved | ||
communities and communities with fewer programmatic | ||
resources; and | ||
(4) State agencies to provide the data required by | ||
Public Act 100-105, even if the data is incomplete at the | ||
time due to data system challenges. | ||
ARTICLE 20. POWERS AND DUTIES RELATING TO CHILD CARE AND DAY | ||
CARE LICENSING | ||
Section 20-5. Transition. Beginning July 1, 2024, the | ||
Department of Early Childhood and the Department of Human | ||
Services shall collaborate and plan for the transition of | ||
child care services for children established in Section 5.15 | ||
of the Children and Family Services Act. |
Section 20-10. Child care. | ||
(a) The General Assembly recognizes that families with | ||
children need child care in order to work. Child care is | ||
expensive and families with limited access to economic | ||
resources, including those who are transitioning from welfare | ||
to work, often struggle to pay the costs of day care. The | ||
General Assembly understands the importance of helping working | ||
families with limited access to economic resources become and | ||
remain self-sufficient. The General Assembly also believes | ||
that it is the responsibility of families to share in the costs | ||
of child care. It is also the preference of the General | ||
Assembly that all working families with limited access to | ||
economic resources should be treated equally, regardless of | ||
their welfare status. | ||
(b) On and after July 1, 2026, to the extent resources | ||
permit, the Illinois Department of Early Childhood shall | ||
provide child care services to parents or other relatives as | ||
defined by rule who are working or participating in employment | ||
or Department approved education or training programs as | ||
prescribed in Section 9A-11 of the Illinois Public Aid Code. | ||
(c) Smart Start Child Care Program. Through June 30, 2026, | ||
subject to appropriation, the Department of Human Services | ||
shall establish and administer the Smart Start Child Care | ||
Program. On and after July 1, 2026, the Department of Early | ||
Childhood shall administer the Smart Start Child Care Program. |
The Smart Start Child Care Program shall focus on creating | ||
affordable child care, as well as increasing access to child | ||
care, for Illinois residents and may include, but is not | ||
limited to, providing funding to increase preschool | ||
availability, providing funding for childcare workforce | ||
compensation or capital investments, and expanding funding for | ||
Early Childhood Access Consortium for Equity Scholarships. The | ||
Department with authority to administer the Smart Start Child | ||
Care Program shall establish program eligibility criteria, | ||
participation conditions, payment levels, and other program | ||
requirements by rule. The Department with authority to | ||
administer the Smart Start Child Care Program may consult with | ||
the Capital Development Board, the Department of Commerce and | ||
Economic Opportunity, the State Board of Education, and the | ||
Illinois Housing Development Authority, and other state | ||
agencies as determined by the Department in the management and | ||
disbursement of funds for capital-related projects. The | ||
Capital Development Board, the Department of Commerce and | ||
Economic Opportunity, the State Board of Education, and the | ||
Illinois Housing Development Authority, and other state | ||
agencies as determined by the Department shall act in a | ||
consulting role only for the evaluation of applicants, scoring | ||
of applicants, or administration of the grant program. | ||
Section 20-15. Day care services. | ||
(a) For the purpose of ensuring effective statewide |
planning, development, and utilization of resources for the | ||
day care of children, operated under various auspices, the | ||
Department of Early Childhood is designated on and after July | ||
1, 2026 to coordinate all day care activities for children of | ||
the State and shall develop or continue, and shall update | ||
every year, a State comprehensive day care plan for submission | ||
to the Governor that identifies high-priority areas and | ||
groups, relating them to available resources and identifying | ||
the most effective approaches to the use of existing day care | ||
services. The State comprehensive day care plan shall be made | ||
available to the General Assembly following the Governor's | ||
approval of the plan. | ||
The plan shall include methods and procedures for the | ||
development of additional day care resources for children to | ||
meet the goal of reducing short-run and long-run dependency | ||
and to provide necessary enrichment and stimulation to the | ||
education of young children. Recommendations shall be made for | ||
State policy on optimum use of private and public, local, | ||
State and federal resources, including an estimate of the | ||
resources needed for the licensing and regulation of day care | ||
facilities. | ||
A written report shall be submitted to the Governor and | ||
the General Assembly annually on April 15. The report shall | ||
include an evaluation of developments over the preceding | ||
fiscal year, including cost-benefit analyses of various | ||
arrangements. Beginning with the report in 1990 submitted by |
the Department's predecessor agency and every 2 years | ||
thereafter, the report shall also include the following: | ||
(1) An assessment of the child care services, needs | ||
and available resources throughout the State and an | ||
assessment of the adequacy of existing child care | ||
services, including, but not limited to, services assisted | ||
under this Act and under any other program administered by | ||
other State agencies. | ||
(2) A survey of day care facilities to determine the | ||
number of qualified caregivers, as defined by rule, | ||
attracted to vacant positions and any problems encountered | ||
by facilities in attracting and retaining capable | ||
caregivers. The report shall include an assessment, based | ||
on the survey, of improvements in employee benefits that | ||
may attract capable caregivers. | ||
(3) The average wages and salaries and fringe benefit | ||
packages paid to caregivers throughout the State, computed | ||
on a regional basis, compared to similarly qualified | ||
employees in other but related fields. | ||
(4) The qualifications of new caregivers hired at | ||
licensed day care facilities during the previous 2-year | ||
period. | ||
(5) Recommendations for increasing caregiver wages and | ||
salaries to ensure quality care for children. | ||
(6) Evaluation of the fee structure and income | ||
eligibility for child care subsidized by the State. |
(b) The Department of Early Childhood shall establish | ||
policies and procedures for developing and implementing | ||
interagency agreements with other agencies of the State | ||
providing child care services or reimbursement for such | ||
services. The plans shall be annually reviewed and modified | ||
for the purpose of addressing issues of applicability and | ||
service system barriers. | ||
(c) In cooperation with other State agencies, the | ||
Department of Early Childhood shall develop and implement, or | ||
shall continue, a resource and referral system for the State | ||
of Illinois either within the Department or by contract with | ||
local or regional agencies. Funding for implementation of this | ||
system may be provided through Department appropriations or | ||
other interagency funding arrangements. The resource and | ||
referral system shall provide at least the following services: | ||
(1) Assembling and maintaining a database on the | ||
supply of child care services. | ||
(2) Providing information and referrals for parents. | ||
(3) Coordinating the development of new child care | ||
resources. | ||
(4) Providing technical assistance and training to | ||
child care service providers. | ||
(5) Recording and analyzing the demand for child care | ||
services. | ||
(d) The Department of Early Childhood shall conduct day | ||
care planning activities with the following priorities: |
(1) Development of voluntary day care resources | ||
wherever possible, with the provision for grants-in-aid | ||
only where demonstrated to be useful and necessary as | ||
incentives or supports. The Department shall design a plan | ||
to create more child care slots as well as goals and | ||
timetables to improve quality and accessibility of child | ||
care. | ||
(2) Emphasis on service to children of recipients of | ||
public assistance when such service will allow training or | ||
employment of the parent toward achieving the goal of | ||
independence. | ||
(3) Care of children from families in stress and | ||
crises whose members potentially may become, or are in | ||
danger of becoming, non-productive and dependent. | ||
(4) Expansion of family day care facilities wherever | ||
possible. | ||
(5) Location of centers in economically depressed | ||
neighborhoods, preferably in multi-service centers with | ||
cooperation of other agencies. The Department shall | ||
coordinate the provision of grants, but only to the extent | ||
funds are specifically appropriated for this purpose, to | ||
encourage the creation and expansion of child care centers | ||
in high need communities to be issued by the State, | ||
business, and local governments. | ||
(6) Use of existing facilities free of charge or for | ||
reasonable rental whenever possible in lieu of |
construction. | ||
(7) Development of strategies for assuring a more | ||
complete range of day care options, including provision of | ||
day care services in homes, in schools, or in centers, | ||
which will enable parents to complete a course of | ||
education or obtain or maintain employment and the | ||
creation of more child care options for swing shift, | ||
evening, and weekend workers and for working women with | ||
sick children. The Department shall encourage companies to | ||
provide child care in their own offices or in the building | ||
in which the corporation is located so that employees of | ||
all the building's tenants can benefit from the facility. | ||
(8) Development of strategies for subsidizing students | ||
pursuing degrees in the child care field. | ||
(9) Continuation and expansion of service programs | ||
that assist teen parents to continue and complete their | ||
education. | ||
Emphasis shall be given to support services that will help | ||
to ensure such parents' graduation from high school and to | ||
services for participants in any programs of job training | ||
conducted by the Department. | ||
(e) The Department of Early Childhood shall actively | ||
stimulate the development of public and private resources at | ||
the local level. It shall also seek the fullest utilization of | ||
federal funds directly or indirectly available to the | ||
Department. Where appropriate, existing non-governmental |
agencies or associations shall be involved in planning by the | ||
Department. | ||
Section 20-20. Day care facilities for the children of | ||
migrant workers. On and after July 1, 2026, the Department of | ||
Early Childhood shall operate day care facilities for the | ||
children of migrant workers in areas of the State where they | ||
are needed. The Department of Early Childhood may provide | ||
these day care services by contracting with private centers if | ||
practicable. "Migrant worker" means any person who moves | ||
seasonally from one place to another, within or without the | ||
State, for the purpose of employment in agricultural | ||
activities. | ||
Section 20-25. Licensing day care facilities. | ||
(a) Beginning July 1, 2024, the Department of Early | ||
Childhood and the Department of Children and Family Services | ||
shall collaborate and plan for the transition of | ||
administrative responsibilities related to licensing day care | ||
centers, day care homes, and group day care homes as | ||
prescribed throughout the Child Care Act of 1969. | ||
(b) Beginning July 1, 2026, the Department of Early | ||
Childhood shall manage all facets of licensing for day care | ||
centers, day care homes, and group day care homes as | ||
prescribed throughout the Child Care Act of 1969. |
Section 20-30. Off-Hours Child Care Program. | ||
(a) Legislative intent. The General Assembly finds that: | ||
(1) Finding child care can be a challenge for | ||
firefighters, paramedics, police officers, nurses, and | ||
other third shift workers across the State who often work | ||
non-typical work hours. This can impact home life, school, | ||
bedtime routines, job safety, and the mental health of | ||
some of our most critical front line workers and their | ||
families. | ||
(2) There is a need for increased options for | ||
off-hours child care in the State. | ||
(3) Illinois has a vested interest in ensuring that | ||
our first responders and working families can provide | ||
their children with appropriate care during off hours to | ||
improve the morale of existing first responders and to | ||
improve recruitment into the future. | ||
(b) As used in this Section, "first responders" means | ||
emergency medical services personnel as defined in the | ||
Emergency Medical Services (EMS) Systems Act, firefighters, | ||
law enforcement officers, and, as determined by the Department | ||
of Early Childhood on and after July 1, 2026, any other workers | ||
who, on account of their work schedule, need child care | ||
outside of the hours when licensed child care facilities | ||
typically operate. | ||
(c) Beginning July 1, 2026, the Department of Early | ||
Childhood shall administer the Off-Hours Child Care Program to |
help first responders and other workers identify and access | ||
off-hours, night, or sleep time child care, subject to | ||
appropriation. Services funded under the program must address | ||
the child care needs of first responders. Funding provided | ||
under the program may also be used to cover any capital and | ||
operating expenses related to the provision of off-hours, | ||
night, or sleep time child care for first responders. Funding | ||
awarded under this Section shall be funded through | ||
appropriations from the Off-Hours Child Care Program Fund | ||
created under Public Act 102-912. The Department of Early | ||
Childhood may adopt any rules necessary to implement the | ||
program. | ||
Section 20-35. Great START program. | ||
(a) Through June 30, 2026, the Department of Human | ||
Services shall, subject to a specific appropriation for this | ||
purpose, operate a Great START (Strategy To Attract and Retain | ||
Teachers) program. The goal of the program is to improve | ||
children's developmental and educational outcomes in child | ||
care by encouraging increased professional preparation by | ||
staff and staff retention. The Great START program shall | ||
coordinate with the TEACH professional development program. | ||
The program shall provide wage supplements and may include | ||
other incentives to licensed child care center personnel, | ||
including early childhood teachers, school-age workers, early | ||
childhood assistants, school-age assistants, and directors, as |
such positions are defined by administrative rule of the | ||
Department of Children and Family Services. The program shall | ||
provide wage supplements and may include other incentives to | ||
licensed family day care home personnel and licensed group day | ||
care home personnel, including caregivers and assistants as | ||
such positions are defined by administrative rule of the | ||
Department of Children and Family Services. Individuals will | ||
receive supplements commensurate with their qualifications. | ||
(b) On and after July 1, 2026, the Department of Early | ||
Childhood shall, subject to a specific appropriation for this | ||
purpose, operate a Great START program. The goal of the | ||
program is to improve children's developmental and educational | ||
outcomes in child care by encouraging increased professional | ||
preparation by staff and staff retention. The Great START | ||
program shall coordinate with the TEACH professional | ||
development program. | ||
The program shall provide wage supplements and may include | ||
other incentives to licensed child care center personnel, | ||
including early childhood teachers, school-age workers, early | ||
childhood assistants, school-age assistants, and directors, as | ||
such positions are defined by administrative rule by the | ||
Department pursuant to subsections (a) and this subsection. | ||
(c) The Department, pursuant to subsections (a) and (b), | ||
shall, by rule, define the scope and operation of the program, | ||
including a wage supplement scale. The scale shall pay | ||
increasing amounts for higher levels of educational attainment |
beyond minimum qualifications and shall recognize longevity of | ||
employment. Subject to the availability of sufficient | ||
appropriation, the wage supplements shall be paid to child | ||
care personnel in the form of bonuses at 6-month intervals. | ||
Six months of continuous service with a single employer is | ||
required to be eligible to receive a wage supplement bonus. | ||
Wage supplements shall be paid directly to individual day care | ||
personnel, not to their employers. Eligible individuals must | ||
provide to the Department or its agent all information and | ||
documentation, including but not limited to college | ||
transcripts, to demonstrate their qualifications for a | ||
particular wage supplement level. | ||
If appropriations permit, the Department may include | ||
one-time signing bonuses or other incentives to help providers | ||
attract staff, provided that the signing bonuses are less than | ||
the supplement staff would have received if they had remained | ||
employed with another day care center or family day care home. | ||
If appropriations permit, the Department may include | ||
one-time longevity bonuses or other incentives to recognize | ||
staff who have remained with a single employer. | ||
Section 20-40. Programs to train low-income older persons | ||
to be child care workers. On and after July 1, 2026, the | ||
Department of Early Childhood may, in conjunction with | ||
colleges or universities in this State, establish programs to | ||
train low-income older persons to be child care workers. The |
Department shall prescribe, by rule: | ||
(a) age and income qualifications for persons to be | ||
trained under such programs; and | ||
(b) standards for such programs to ensure that such | ||
programs train participants to be skilled workers for the | ||
child care industry. | ||
Section 20-45. Home child care demonstration project; | ||
conversion and renovation grants; Department of Early | ||
Childhood. | ||
(a) The General Assembly finds that the demand for quality | ||
child care far outweighs the number of safe, quality spaces | ||
for our children. The purpose of this Section is to increase | ||
the number of child care providers by: | ||
(1) developing a demonstration project to train | ||
individuals to become home child care providers who are | ||
able to establish and operate their own child care | ||
facility; and | ||
(2) providing grants to convert and renovate existing | ||
facilities. | ||
(b) On and after July 1, 2026, the Department of Early | ||
Childhood may from appropriations from the Child Care | ||
Development Block Grant establish a demonstration project to | ||
train individuals to become home child care providers who are | ||
able to establish and operate their own home-based child care | ||
facilities. On and after July 1, 2026, the Department of Early |
Childhood is authorized to use funds for this purpose from the | ||
child care and development funds deposited into the DHS | ||
Special Purposes Trust Fund as described in Section 12-10 of | ||
the Illinois Public Aid Code or deposited into the Employment | ||
and Training Fund as described in Section 12-10.3 of the | ||
Illinois Public Aid Code. As an economic development program, | ||
the project's focus is to foster individual self-sufficiency | ||
through an entrepreneurial approach by the creation of new | ||
jobs and opening of new small home-based child care | ||
businesses. The demonstration project shall involve | ||
coordination among State and county governments and the | ||
private sector, including but not limited to: the community | ||
college system, the Departments of Labor and Commerce and | ||
Economic Opportunity, the State Board of Education, large and | ||
small private businesses, non-profit programs, unions, and | ||
child care providers in the State. | ||
(c) On and after July 1, 2026, the Department of Early | ||
Childhood may from appropriations from the Child Care | ||
Development Block Grant provide grants to family child care | ||
providers and center based programs to convert and renovate | ||
existing facilities, to the extent permitted by federal law, | ||
so additional family child care homes and child care centers | ||
can be located in such facilities. | ||
(1) Applications for grants shall be made to the | ||
Department and shall contain information as the Department | ||
shall require by rule. Every applicant shall provide |
assurance to the Department that: | ||
(A) the facility to be renovated or improved shall | ||
be used as family child care home or child care center | ||
for a continuous period of at least 5 years; | ||
(B) any family child care home or child care | ||
center program located in a renovated or improved | ||
facility shall be licensed by the Department; | ||
(C) the program shall comply with applicable | ||
federal and State laws prohibiting discrimination | ||
against any person on the basis of race, color, | ||
national origin, religion, creed, or sex; | ||
(D) the grant shall not be used for purposes of | ||
entertainment or perquisites; | ||
(E) the applicant shall comply with any other | ||
requirement the Department may prescribe to ensure | ||
adherence to applicable federal, State, and county | ||
laws; | ||
(F) all renovations and improvements undertaken | ||
with funds received under this Section shall comply | ||
with all applicable State and county statutes and | ||
ordinances including applicable building codes and | ||
structural requirements of the Department; and | ||
(G) the applicant shall indemnify and save | ||
harmless the State and its officers, agents, and | ||
employees from and against any and all claims arising | ||
out of or resulting from the renovation and |
improvements made with funds provided by this Section, | ||
and, upon request of the Department, the applicant | ||
shall procure sufficient insurance to provide that | ||
indemnification. | ||
(2) To receive a grant under this Section to convert | ||
an existing facility into a family child care home or | ||
child care center facility, the applicant shall: | ||
(A) agree to make available to the Department all | ||
records it may have relating to the operation of any | ||
family child care home and child care center facility, | ||
and to allow State agencies to monitor its compliance | ||
with the purpose of this Section; | ||
(B) agree that, if the facility is to be altered or | ||
improved, or is to be used by other groups, moneys | ||
appropriated by this Section shall be used for | ||
renovating or improving the facility only to the | ||
proportionate extent that the floor space will be used | ||
by the child care program; and | ||
(C) establish, to the satisfaction of the | ||
Department, that sufficient funds are available for | ||
the effective use of the facility for the purpose for | ||
which it is being renovated or improved. | ||
(3) In selecting applicants for funding, the | ||
Department shall make every effort to ensure that family | ||
child care home or child care center facilities are | ||
equitably distributed throughout the State according to |
demographic need. The Department shall give priority | ||
consideration to rural/Downstate areas of the State that | ||
are currently experiencing a shortage of child care | ||
services. | ||
(4) In considering applications for grants to renovate | ||
or improve an existing facility used for the operations of | ||
a family child care home or child care center, the | ||
Department shall give preference to applications to | ||
renovate facilities most in need of repair to address | ||
safety and habitability concerns. No grant shall be | ||
disbursed unless an agreement is entered into between the | ||
applicant and the State, by and through the Department. | ||
The agreement shall include the assurances and conditions | ||
required by this Section and any other terms which the | ||
Department may require. | ||
ARTICLE 80. TRANSITION PROVISIONS | ||
Section 80-5. Transfer of functions. On and after July 1, | ||
2026: | ||
(a) The powers, duties, rights, and responsibilities | ||
vested in the transferring agencies relating to early care and | ||
education programs and services to children and families | ||
transferred by this Act shall be vested in and shall be | ||
exercised by the Department of Early Childhood. | ||
(b) Personnel employed by the Department of Human Services |
or the Department of Children and Family Services who are | ||
engaged in the performance of functions transferred to the | ||
Department or who are engaged in the administration of a law | ||
the administration of which is transferred to the Department | ||
shall be transferred to the Department of Early Childhood. The | ||
status and rights of the employees and the State of Illinois or | ||
its transferring agencies under the Personnel Code, the | ||
Illinois Public Labor Relations Act, and applicable collective | ||
bargaining agreements, or under any pension, retirement, or | ||
annuity plan, shall not be affected by this Act. | ||
(c) All books, records, papers, documents, property (real | ||
and personal), contracts, causes of action, and pending | ||
business pertaining to the powers, duties, rights, and | ||
responsibilities relating to functions transferred under this | ||
Act to the Department of Early Childhood, including, but not | ||
limited to, material in electronic or magnetic format and | ||
necessary computer hardware and software, shall be transferred | ||
to the Department. | ||
(d) Whenever reports or notices are now required to be | ||
made or given or papers or documents furnished or served by any | ||
person in connection with any of the powers, duties, rights, | ||
and responsibilities relating to functions transferred by this | ||
Act, the same shall be made, given, furnished, or served in the | ||
same manner to or upon the Department. | ||
(e) This Act does not affect any act done, ratified, or | ||
canceled or any right occurring or established or any action |
or proceeding had or commenced in an administrative, civil, or | ||
criminal cause by each transferring agency relating to | ||
functions transferred by this Act before the transfer of | ||
responsibilities; such actions or proceedings may be | ||
prosecuted and continued by the Department. | ||
Section 80-10. Rules and standards. | ||
(a) The rules and standards of the Department's | ||
predecessor agencies that are in effect on June 30, 2026 and | ||
pertain to the rights, powers, duties, and functions | ||
transferred to the Department under this Act shall become the | ||
rules and standards of the Department of Early Childhood on | ||
July 1, 2026 and shall continue in effect until amended or | ||
repealed by the Department. | ||
(b) Any rules pertaining to the rights, powers, duties, | ||
and functions transferred to the Department under this Act | ||
that have been proposed by a predecessor agency but have not | ||
taken effect or been finally adopted by June 30, 2026 shall | ||
become proposed rules of the Department of Early Childhood on | ||
July 1, 2026, and any rulemaking procedures that have already | ||
been completed by the predecessor agency for those proposed | ||
rules need not be repeated. | ||
(c) As soon as practical after July 1, 2026, the | ||
Department of Early Childhood shall revise and clarify the | ||
rules transferred to it under this Act to reflect the | ||
reorganization of rights, powers, duties, and functions |
effected by this Act using the procedures for recodification | ||
of rules available under the Illinois Administrative Procedure | ||
Act, except that existing Title, Part, and Section numbering | ||
for the affected rules may be retained. The Department may | ||
propose and adopt under the Illinois Administrative Procedure | ||
Act such other rules as may be necessary to consolidate and | ||
clarify the rules of the agencies reorganized by this Act. | ||
Section 80-15. Savings provisions. | ||
(a) The rights, powers, duties, and functions transferred | ||
to the Department of Early Childhood by this Act shall be | ||
vested in and exercised by the Department subject to the | ||
provisions of this Act. An act done by the Department or an | ||
officer, employee, or agent of the Department in the exercise | ||
of the transferred rights, powers, duties, or functions shall | ||
have the same legal effect as if done by the predecessor agency | ||
or an officer, employee, or agent of the predecessor agency. | ||
(b) The transfer of rights, powers, duties, and functions | ||
to the Department of Early Childhood under this Act does not | ||
invalidate any previous action taken by or in respect to any of | ||
its predecessor agencies or their officers, employees, or | ||
agents. References to those predecessor agencies or their | ||
officers, employees or agents in any document, contract, | ||
agreement, or law shall, in appropriate contexts, be deemed to | ||
refer to the Department or its officers, employees, or agents. | ||
(c) The transfer of rights, powers, duties, and functions |
to the Department of Early Childhood under this Act does not | ||
affect any person's rights, obligations, or duties, including | ||
any civil or criminal penalties applicable thereto, arising | ||
out of those transferred rights, powers, duties, and | ||
functions. | ||
(d) With respect to matters that pertain to a right, | ||
power, duty, or function transferred to the Department of | ||
Early Childhood under this Act: | ||
(1) Beginning July 1, 2026, a report or notice that | ||
was previously required to be made or given by any person | ||
to a predecessor agency or any of its officers, employees, | ||
or agents shall be made or given in the same manner to the | ||
Department or its appropriate officer, employee, or agent. | ||
(2) Beginning July 1, 2026, a document that was | ||
previously required to be furnished or served by any | ||
person to or upon a predecessor agency or any of its | ||
officers, employees, or agents shall be furnished or | ||
served in the same manner to or upon the Department or its | ||
appropriate officer, employee, or agent. | ||
(e) This Act does not affect any act done, ratified, or | ||
canceled, any right occurring or established, or any action or | ||
proceeding had or commenced in an administrative, civil, or | ||
criminal cause before July 1, 2026. Any such action or | ||
proceeding that pertains to a right, power, duty, or function | ||
transferred to the Department of Early Childhood under this | ||
Act and that is pending on that date may be prosecuted, |
defended, or continued by the Department of Early Childhood. | ||
ARTICLE 90. AMENDATORY PROVISIONS | ||
Section 90-5. The Civil Administrative Code of Illinois is | ||
amended by changing Sections 5-10, 5-15, and 5-20 and by | ||
adding Section 5-336 as follows: | ||
(20 ILCS 5/5-10) (was 20 ILCS 5/2.1) | ||
Sec. 5-10. "Director". As used in the Civil Administrative | ||
Code of Illinois, unless the context clearly indicates | ||
otherwise, the word "director" means the several directors of | ||
the departments of State government as designated in Section | ||
5-20 of this Law and includes the Secretary of Early | ||
Childhood, the Secretary of Financial and Professional | ||
Regulation, the Secretary of Innovation and Technology, the | ||
Secretary of Human Services, and the Secretary of | ||
Transportation. | ||
(Source: P.A. 100-611, eff. 7-20-18.) | ||
(20 ILCS 5/5-15) (was 20 ILCS 5/3) | ||
Sec. 5-15. Departments of State government. The | ||
Departments of State government are created as follows: | ||
The Department on Aging. | ||
The Department of Agriculture. | ||
The Department of Central Management Services. |
The Department of Children and Family Services. | ||
The Department of Commerce and Economic Opportunity. | ||
The Department of Corrections. | ||
The Department of Early Childhood. | ||
The Department of Employment Security. | ||
The Illinois Emergency Management Agency. | ||
The Department of Financial and Professional Regulation. | ||
The Department of Healthcare and Family Services. | ||
The Department of Human Rights. | ||
The Department of Human Services. | ||
The Department of Innovation and Technology. | ||
The Department of Insurance. | ||
The Department of Juvenile Justice. | ||
The Department of Labor. | ||
The Department of the Lottery. | ||
The Department of Natural Resources. | ||
The Department of Public Health. | ||
The Department of Revenue. | ||
The Illinois State Police. | ||
The Department of Transportation. | ||
The Department of Veterans' Affairs. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
(20 ILCS 5/5-20) (was 20 ILCS 5/4) | ||
Sec. 5-20. Heads of departments. Each department shall | ||
have an officer as its head who shall be known as director or |
secretary and who shall, subject to the provisions of the | ||
Civil Administrative Code of Illinois, execute the powers and | ||
discharge the duties vested by law in his or her respective | ||
department. | ||
The following officers are hereby created: | ||
Director of Aging, for the Department on Aging. | ||
Director of Agriculture, for the Department of | ||
Agriculture. | ||
Director of Central Management Services, for the | ||
Department of Central Management Services. | ||
Director of Children and Family Services, for the | ||
Department of Children and Family Services. | ||
Director of Commerce and Economic Opportunity, for the | ||
Department of Commerce and Economic Opportunity. | ||
Director of Corrections, for the Department of | ||
Corrections. | ||
Director of the Illinois Emergency Management Agency, for | ||
the Illinois Emergency Management Agency. | ||
Secretary of Early Childhood, for the Department of Early | ||
Childhood. | ||
Director of Employment Security, for the Department of | ||
Employment Security. | ||
Secretary of Financial and Professional Regulation, for | ||
the Department of Financial and Professional Regulation. | ||
Director of Healthcare and Family Services, for the | ||
Department of Healthcare and Family Services. |
Director of Human Rights, for the Department of Human | ||
Rights. | ||
Secretary of Human Services, for the Department of Human | ||
Services. | ||
Secretary of Innovation and Technology, for the Department | ||
of Innovation and Technology. | ||
Director of Insurance, for the Department of Insurance. | ||
Director of Juvenile Justice, for the Department of | ||
Juvenile Justice. | ||
Director of Labor, for the Department of Labor. | ||
Director of the Lottery, for the Department of the | ||
Lottery. | ||
Director of Natural Resources, for the Department of | ||
Natural Resources. | ||
Director of Public Health, for the Department of Public | ||
Health. | ||
Director of Revenue, for the Department of Revenue. | ||
Director of the Illinois State Police, for the Illinois | ||
State Police. | ||
Secretary of Transportation, for the Department of | ||
Transportation. | ||
Director of Veterans' Affairs, for the Department of | ||
Veterans' Affairs. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
(20 ILCS 5/5-336 new) |
Sec. 5-336. In the Department of Early Childhood. For | ||
terms beginning on or after July 1, 2024, the Secretary shall | ||
receive an annual salary of $214,988 or as set by the Governor, | ||
whichever is higher. On July 1, 2025, and on each July 1 | ||
thereafter, the Secretary shall receive an increase in salary | ||
based on the cost of living adjustment as authorized by Senate | ||
Joint Resolution 192 of the 86th General Assembly. | ||
Section 90-10. The Children and Family Services Act is | ||
amended by changing Sections 5a, 5.15, 5.20, 22.1, 34.9, and | ||
34.10 as follows: | ||
(20 ILCS 505/5a) (from Ch. 23, par. 5005a) | ||
Sec. 5a. Reimbursable services for which the Department of | ||
Children and Family Services shall pay 100% of the reasonable | ||
cost pursuant to a written contract negotiated between the | ||
Department and the agency furnishing the services (which shall | ||
include but not be limited to the determination of reasonable | ||
cost, the services being purchased and the duration of the | ||
agreement) include, but are not limited to: | ||
SERVICE ACTIVITIES
| ||
Adjunctive Therapy;
| ||
Child Care Service, including day care;
| ||
Clinical Therapy;
| ||
Custodial Service;
|
Field Work Students;
| ||
Food Service;
| ||
Normal Education;
| ||
In-Service Training;
| ||
Intake or Evaluation, or both;
| ||
Medical Services;
| ||
Recreation;
| ||
Social Work or Counselling, or both;
| ||
Supportive Staff;
| ||
Volunteers. | ||
OBJECT EXPENSES
| ||
Professional Fees and Contract Service Payments;
| ||
Supplies;
| ||
Telephone and Telegram;
| ||
Occupancy;
| ||
Local Transportation;
| ||
Equipment and Other Fixed Assets, including amortization
| ||
of same;
| ||
Miscellaneous. | ||
ADMINISTRATIVE COSTS
| ||
Program Administration;
| ||
Supervision and Consultation;
| ||
Inspection and Monitoring for purposes of issuing
| ||
licenses;
|
Determination of Children who are eligible
| ||
for federal or other reimbursement;
| ||
Postage and Shipping;
| ||
Outside Printing, Artwork, etc.;
| ||
Subscriptions and Reference Publications;
| ||
Management and General Expense. | ||
Reimbursement of administrative costs other than inspection | ||
and monitoring for purposes of issuing licenses may not exceed | ||
20% of the costs for other services. | ||
The Department may offer services to any child or family | ||
with respect to whom a report of suspected child abuse or | ||
neglect has been called in to the hotline after completion of a | ||
family assessment as provided under subsection (a-5) of | ||
Section 7.4 of the Abused and Neglected Child Reporting Act | ||
and the Department has determined that services are needed to | ||
address the safety of the child and other family members and | ||
the risk of subsequent maltreatment. Acceptance of such | ||
services shall be voluntary. | ||
All Object Expenses, Service Activities and Administrative | ||
Costs are allowable. | ||
If a survey instrument is used in the rate setting | ||
process: | ||
(a) with respect to any day care centers, it shall be | ||
limited to those agencies which receive reimbursement from | ||
the State; | ||
(b) the cost survey instrument shall be promulgated by |
rule; | ||
(c) any requirements of the respondents shall be | ||
promulgated by rule; | ||
(d) all screens, limits or other tests of | ||
reasonableness, allowability and reimbursability shall be | ||
promulgated by rule; | ||
(e) adjustments may be made by the Department to rates | ||
when it determines that reported wage and salary levels | ||
are insufficient to attract capable caregivers in | ||
sufficient numbers. | ||
The Department of Children and Family Services may pay | ||
100% of the reasonable costs of research and valuation focused | ||
exclusively on services to youth in care. Such research | ||
projects must be approved, in advance, by the Director of the | ||
Department. | ||
In addition to reimbursements otherwise provided for in | ||
this Section, the Department of Human Services, through June | ||
30, 2026 and Department of Early Childhood beginning on and | ||
after July 1, 2026, shall, in accordance with annual written | ||
agreements, make advance quarterly disbursements to local | ||
public agencies for child day care services with funds | ||
appropriated from the Local Effort Day Care Fund. | ||
Neither the Department of Children and Family Services nor | ||
the Department of Human Services through June 30, 2026 and the | ||
Department of Early Childhood beginning on and after July 1, | ||
2026 shall pay or approve reimbursement for day care in a |
facility which is operating without a valid license or permit, | ||
except in the case of day care homes or day care centers which | ||
are exempt from the licensing requirements of the Child Care | ||
Act of 1969. | ||
The rates paid to day care providers by the Department of | ||
Children and Family Services shall match the rates paid to | ||
child care providers by the Department of Human Services, | ||
including base rates and any relevant rate enhancements | ||
through June 30, 2026. On and after July 1, 2026, the | ||
Department of Early Childhood shall pay day care providers, | ||
who service the Department of Children and Family Services | ||
under the child care assistance program, including base rates | ||
and any relevant rate enhancements. | ||
In addition to reimbursements otherwise provided for in | ||
this Section, the Department of Human Services shall, in | ||
accordance with annual written agreements, make advance | ||
quarterly disbursements to local public agencies for child day | ||
care services with funds appropriated from the Local Effort | ||
Day Care Fund. | ||
Neither the Department of Children and Family Services nor | ||
the Department of Human Services shall pay or approve | ||
reimbursement for day care in a facility which is operating | ||
without a valid license or permit, except in the case of day | ||
care homes or day care centers which are exempt from the | ||
licensing requirements of the "Child Care Act of 1969". | ||
The rates paid to day care providers by the Department of |
Children and Family Services shall match the rates paid to | ||
child care providers by the Department of Human Services under | ||
the child care assistance program, including base rates and | ||
any relevant rate enhancements. | ||
(Source: P.A. 102-926, eff. 7-1-23 .) | ||
(20 ILCS 505/5.15) | ||
Sec. 5.15. Day care Daycare ; Department of Human Services. | ||
(a) For the purpose of ensuring effective statewide | ||
planning, development, and utilization of resources for the | ||
day care of children, operated under various auspices, the | ||
Department of Human Services is designated to coordinate all | ||
day care activities for children of the State and shall | ||
develop or continue, and shall update every year, a State | ||
comprehensive day-care plan for submission to the Governor | ||
that identifies high-priority areas and groups, relating them | ||
to available resources and identifying the most effective | ||
approaches to the use of existing day care services. The State | ||
comprehensive day-care plan shall be made available to the | ||
General Assembly following the Governor's approval of the | ||
plan. | ||
The plan shall include methods and procedures for the | ||
development of additional day care resources for children to | ||
meet the goal of reducing short-run and long-run dependency | ||
and to provide necessary enrichment and stimulation to the | ||
education of young children. Recommendations shall be made for |
State policy on optimum use of private and public, local, | ||
State and federal resources, including an estimate of the | ||
resources needed for the licensing and regulation of day care | ||
facilities. | ||
A written report shall be submitted to the Governor and | ||
the General Assembly annually on April 15. The report shall | ||
include an evaluation of developments over the preceding | ||
fiscal year, including cost-benefit analyses of various | ||
arrangements. Beginning with the report in 1990 submitted by | ||
the Department's predecessor agency and every 2 years | ||
thereafter, the report shall also include the following: | ||
(1) An assessment of the child care services, needs | ||
and available resources throughout the State and an | ||
assessment of the adequacy of existing child care | ||
services, including, but not limited to, services assisted | ||
under this Act and under any other program administered by | ||
other State agencies. | ||
(2) A survey of day care facilities to determine the | ||
number of qualified caregivers, as defined by rule, | ||
attracted to vacant positions and any problems encountered | ||
by facilities in attracting and retaining capable | ||
caregivers. The report shall include an assessment, based | ||
on the survey, of improvements in employee benefits that | ||
may attract capable caregivers. | ||
(3) The average wages and salaries and fringe benefit | ||
packages paid to caregivers throughout the State, computed |
on a regional basis, compared to similarly qualified | ||
employees in other but related fields. | ||
(4) The qualifications of new caregivers hired at | ||
licensed day care facilities during the previous 2-year | ||
period. | ||
(5) Recommendations for increasing caregiver wages and | ||
salaries to ensure quality care for children. | ||
(6) Evaluation of the fee structure and income | ||
eligibility for child care subsidized by the State. | ||
The requirement for reporting to the General Assembly | ||
shall be satisfied by filing copies of the report as required | ||
by Section 3.1 of the General Assembly Organization Act, and | ||
filing such additional copies with the State Government Report | ||
Distribution Center for the General Assembly as is required | ||
under paragraph (t) of Section 7 of the State Library Act. | ||
(b) The Department of Human Services shall establish | ||
policies and procedures for developing and implementing | ||
interagency agreements with other agencies of the State | ||
providing child care services or reimbursement for such | ||
services. The plans shall be annually reviewed and modified | ||
for the purpose of addressing issues of applicability and | ||
service system barriers. | ||
(c) In cooperation with other State agencies, the | ||
Department of Human Services shall develop and implement, or | ||
shall continue, a resource and referral system for the State | ||
of Illinois either within the Department or by contract with |
local or regional agencies. Funding for implementation of this | ||
system may be provided through Department appropriations or | ||
other inter-agency funding arrangements. The resource and | ||
referral system shall provide at least the following services: | ||
(1) Assembling and maintaining a data base on the | ||
supply of child care services. | ||
(2) Providing information and referrals for parents. | ||
(3) Coordinating the development of new child care | ||
resources. | ||
(4) Providing technical assistance and training to | ||
child care service providers. | ||
(5) Recording and analyzing the demand for child care | ||
services. | ||
(d) The Department of Human Services shall conduct day | ||
care planning activities with the following priorities: | ||
(1) Development of voluntary day care resources | ||
wherever possible, with the provision for grants-in-aid | ||
only where demonstrated to be useful and necessary as | ||
incentives or supports. By January 1, 2002, the Department | ||
shall design a plan to create more child care slots as well | ||
as goals and timetables to improve quality and | ||
accessibility of child care. | ||
(2) Emphasis on service to children of recipients of | ||
public assistance when such service will allow training or | ||
employment of the parent toward achieving the goal of | ||
independence. |
(3) (Blank). | ||
(4) Care of children from families in stress and | ||
crises whose members potentially may become, or are in | ||
danger of becoming, non-productive and dependent. | ||
(5) Expansion of family day care facilities wherever | ||
possible. | ||
(6) Location of centers in economically depressed | ||
neighborhoods, preferably in multi-service centers with | ||
cooperation of other agencies. The Department shall | ||
coordinate the provision of grants, but only to the extent | ||
funds are specifically appropriated for this purpose, to | ||
encourage the creation and expansion of child care centers | ||
in high need communities to be issued by the State, | ||
business, and local governments. | ||
(7) Use of existing facilities free of charge or for | ||
reasonable rental whenever possible in lieu of | ||
construction. | ||
(8) Development of strategies for assuring a more | ||
complete range of day care options, including provision of | ||
day care services in homes, in schools, or in centers, | ||
which will enable a parent or parents to complete a course | ||
of education or obtain or maintain employment and the | ||
creation of more child care options for swing shift, | ||
evening, and weekend workers and for working women with | ||
sick children. The Department shall encourage companies to | ||
provide child care in their own offices or in the building |
in which the corporation is located so that employees of | ||
all the building's tenants can benefit from the facility. | ||
(9) Development of strategies for subsidizing students | ||
pursuing degrees in the child care field. | ||
(10) Continuation and expansion of service programs | ||
that assist teen parents to continue and complete their | ||
education. | ||
Emphasis shall be given to support services that will help | ||
to ensure such parents' graduation from high school and to | ||
services for participants in any programs of job training | ||
conducted by the Department. | ||
(e) The Department of Human Services shall actively | ||
stimulate the development of public and private resources at | ||
the local level. It shall also seek the fullest utilization of | ||
federal funds directly or indirectly available to the | ||
Department. | ||
Where appropriate, existing non-governmental agencies or | ||
associations shall be involved in planning by the Department. | ||
(f) To better accommodate the child care needs of low | ||
income working families, especially those who receive | ||
Temporary Assistance for Needy Families (TANF) or who are | ||
transitioning from TANF to work, or who are at risk of | ||
depending on TANF in the absence of child care, the Department | ||
shall complete a study using outcome-based assessment | ||
measurements to analyze the various types of child care needs, | ||
including but not limited to: child care homes; child care |
facilities; before and after school care; and evening and | ||
weekend care. Based upon the findings of the study, the | ||
Department shall develop a plan by April 15, 1998, that | ||
identifies the various types of child care needs within | ||
various geographic locations. The plan shall include, but not | ||
be limited to, the special needs of parents and guardians in | ||
need of non-traditional child care services such as early | ||
mornings, evenings, and weekends; the needs of very low income | ||
families and children and how they might be better served; and | ||
strategies to assist child care providers to meet the needs | ||
and schedules of low income families. | ||
(g) This Section is repealed on July 1, 2026. | ||
(Source: P.A. 100-1148, eff. 12-10-18.) | ||
(20 ILCS 505/5.20) | ||
Sec. 5.20. Child care for former public aid recipients; | ||
Department of Human Services. The Department of Human Services | ||
may provide child care services to former recipients of | ||
assistance under the Illinois Public Aid Code as authorized by | ||
Section 9-6.3 of that Code. This Section is repealed on July 1, | ||
2026. | ||
(Source: P.A. 89-507, eff. 7-1-97.) | ||
(20 ILCS 505/22.1) (from Ch. 23, par. 5022.1) | ||
Sec. 22.1. Grants-in-aid for child care services; | ||
Department of Human Services. |
(a) Blank. | ||
(b) Blank. | ||
(c) The Department of Human Services shall establish and | ||
operate day care facilities for the children of migrant | ||
workers in areas of the State where they are needed. The | ||
Department may provide these day care services by contracting | ||
with private centers if practicable. "Migrant worker" means | ||
any person who moves seasonally from one place to another, | ||
within or without the State, for the purpose of employment in | ||
agricultural activities. This Section is repealed on July 1, | ||
2026. | ||
(Source: P.A. 97-516, eff. 8-23-11.) | ||
(20 ILCS 505/34.9) (from Ch. 23, par. 5034.9) | ||
Sec. 34.9. The Department may, in conjunction with | ||
colleges or universities in this State, establish programs to | ||
train low-income older persons to be child care workers. The | ||
Department shall prescribe, by rule: | ||
(a) age and income qualifications for persons to be | ||
trained under such programs; and | ||
(b) standards for such programs to ensure that such | ||
programs train participants to be skilled workers for the | ||
child care industry. | ||
This Section is repealed on July 1, 2026. | ||
(Source: P.A. 86-889.) |
(20 ILCS 505/34.10) (from Ch. 23, par. 5034.10) | ||
Sec. 34.10. Home child care demonstration project; | ||
conversion and renovation grants; Department of Human | ||
Services. | ||
(a) The legislature finds that the demand for quality | ||
child care far outweighs the number of safe, quality spaces | ||
for our children. The purpose of this Section is to increase | ||
the number of child care providers by: | ||
(1) developing a demonstration project to train | ||
individuals to become home child care providers who are | ||
able to establish and operate their own child care | ||
facility; and | ||
(2) providing grants to convert and renovate existing | ||
facilities. | ||
(b) The Department of Human Services may from | ||
appropriations from the Child Care Development Block Grant | ||
establish a demonstration project to train individuals to | ||
become home child care providers who are able to establish and | ||
operate their own home-based child care facilities. The | ||
Department of Human Services is authorized to use funds for | ||
this purpose from the child care and development funds | ||
deposited into the DHS Special Purposes Trust Fund as | ||
described in Section 12-10 of the Illinois Public Aid Code or | ||
deposited into the Employment and Training Fund as described | ||
in Section 12-10.3 of the Illinois Public Aid Code. As an | ||
economic development program, the project's focus is to foster |
individual self-sufficiency through an entrepreneurial | ||
approach by the creation of new jobs and opening of new small | ||
home-based child care businesses. The demonstration project | ||
shall involve coordination among State and county governments | ||
and the private sector, including but not limited to: the | ||
community college system, the Departments of Labor and | ||
Commerce and Economic Opportunity, the State Board of | ||
Education, large and small private businesses, nonprofit | ||
programs, unions, and child care providers in the State. | ||
The Department shall submit: | ||
(1) a progress report on the demonstration project to | ||
the legislature by one year after January 1, 1992 (the | ||
effective date of Public Act 87-332); and | ||
(2) a final evaluation report on the demonstration | ||
project, including findings and recommendations, to the | ||
legislature by one year after the due date of the progress | ||
report. | ||
(c) The Department of Human Services may from | ||
appropriations from the Child Care Development Block Grant | ||
provide grants to family child care providers and center based | ||
programs to convert and renovate existing facilities, to the | ||
extent permitted by federal law, so additional family child | ||
care homes and child care centers can be located in such | ||
facilities. | ||
(1) Applications for grants shall be made to the | ||
Department and shall contain information as the Department |
shall require by rule. Every applicant shall provide | ||
assurance to the Department that: | ||
(A) the facility to be renovated or improved shall | ||
be used as family child care home or child care center | ||
for a continuous period of at least 5 years; | ||
(B) any family child care home or child care | ||
center program located in a renovated or improved | ||
facility shall be licensed by the Department; | ||
(C) the program shall comply with applicable | ||
federal and State laws prohibiting discrimination | ||
against any person on the basis of race, color, | ||
national origin, religion, creed, or sex; | ||
(D) the grant shall not be used for purposes of | ||
entertainment or perquisites; | ||
(E) the applicant shall comply with any other | ||
requirement the Department may prescribe to ensure | ||
adherence to applicable federal, State, and county | ||
laws; | ||
(F) all renovations and improvements undertaken | ||
with funds received under this Section shall comply | ||
with all applicable State and county statutes and | ||
ordinances including applicable building codes and | ||
structural requirements of the Department; and | ||
(G) the applicant shall indemnify and save | ||
harmless the State and its officers, agents, and | ||
employees from and against any and all claims arising |
out of or resulting from the renovation and | ||
improvements made with funds provided by this Section, | ||
and, upon request of the Department, the applicant | ||
shall procure sufficient insurance to provide that | ||
indemnification. | ||
(2) To receive a grant under this Section to convert | ||
an existing facility into a family child care home or | ||
child care center facility, the applicant shall: | ||
(A) agree to make available to the Department of | ||
Human Services all records it may have relating to the | ||
operation of any family child care home and child care | ||
center facility, and to allow State agencies to | ||
monitor its compliance with the purpose of this | ||
Section; | ||
(B) agree that, if the facility is to be altered or | ||
improved, or is to be used by other groups, moneys | ||
appropriated by this Section shall be used for | ||
renovating or improving the facility only to the | ||
proportionate extent that the floor space will be used | ||
by the child care program; and | ||
(C) establish, to the satisfaction of the | ||
Department , that sufficient funds are available for | ||
the effective use of the facility for the purpose for | ||
which it is being renovated or improved. | ||
(3) In selecting applicants for funding, the | ||
Department shall make every effort to ensure that family |
child care home or child care center facilities are | ||
equitably distributed throughout the State according to | ||
demographic need. The Department shall give priority | ||
consideration to rural/Downstate areas of the State that | ||
are currently experiencing a shortage of child care | ||
services. | ||
(4) In considering applications for grants to renovate | ||
or improve an existing facility used for the operations of | ||
a family child care home or child care center, the | ||
Department shall give preference to applications to | ||
renovate facilities most in need of repair to address | ||
safety and habitability concerns. No grant shall be | ||
disbursed unless an agreement is entered into between the | ||
applicant and the State, by and through the Department. | ||
The agreement shall include the assurances and conditions | ||
required by this Section and any other terms which the | ||
Department may require. | ||
(d) This Section is repealed on July 1, 2026. | ||
(Source: P.A. 103-363, eff. 7-28-23.) | ||
Section 90-15. The Department of Human Services Act is | ||
amended by changing Sections 1-75, 10-16, and 10-22 as | ||
follows: | ||
(20 ILCS 1305/1-75) | ||
Sec. 1-75. Off-Hours Child Care Program. |
(a) Legislative intent. The General Assembly finds that: | ||
(1) Finding child care can be a challenge for | ||
firefighters, paramedics, police officers, nurses, and | ||
other third shift workers across the State who often work | ||
non-typical work hours. This can impact home life, school, | ||
bedtime routines, job safety, and the mental health of | ||
some of our most critical front line workers and their | ||
families. | ||
(2) There is a need for increased options for | ||
off-hours child care in the State. A majority of the | ||
State's child care facilities do not provide care outside | ||
of normal work hours, with just 3,251 day care homes and | ||
435 group day care homes that provide night care. | ||
(3) Illinois has a vested interest in ensuring that | ||
our first responders and working families can provide | ||
their children with appropriate care during off hours to | ||
improve the morale of existing first responders and to | ||
improve recruitment into the future. | ||
(b) As used in this Section, "first responders" means | ||
emergency medical services personnel as defined in the | ||
Emergency Medical Services (EMS) Systems Act, firefighters, | ||
law enforcement officers, and, as determined by the | ||
Department, any other workers who, on account of their work | ||
schedule, need child care outside of the hours when licensed | ||
child care facilities typically operate. | ||
(c) Subject to appropriation, the Department of Human |
Services shall establish and administer an Off-Hours Child | ||
Care Program to help first responders and other workers | ||
identify and access off-hours, night, or sleep time child | ||
care. Services funded under the program must address the child | ||
care needs of first responders. Funding provided under the | ||
program may also be used to cover any capital and operating | ||
expenses related to the provision of off-hours, night, or | ||
sleep time child care for first responders. Funding awarded | ||
under this Section shall be funded through appropriations from | ||
the Off-Hours Child Care Program Fund created under subsection | ||
(d). The Department shall implement the program by July 1, | ||
2023. The Department may adopt any rules necessary to | ||
implement the program. | ||
(d) The Off-Hours Child Care Program Fund is created as a | ||
special fund in the State treasury. The Fund shall consist of | ||
any moneys appropriated to the Department of Human Services | ||
for the Off-Hours Child Care Program. Moneys in the Fund shall | ||
be expended for the Off-Hours Child Care Program and for no | ||
other purpose. All interest earned on moneys in the Fund shall | ||
be deposited into the Fund. | ||
(e) This Section is repealed on July 1, 2026. | ||
(Source: P.A. 102-912, eff. 5-27-22; 103-154, eff. 6-30-23.) | ||
(20 ILCS 1305/10-16) | ||
Sec. 10-16. Home visiting program. | ||
(a) The General Assembly finds that research-informed home |
visiting programs work to strengthen families' functioning and | ||
support parents in caring for their children to ensure optimal | ||
child development. | ||
(b) The Department shall establish a home visiting program | ||
to support communities in providing intensive home visiting | ||
programs to pregnant persons and families with children from | ||
birth up to elementary school enrollment. Services shall be | ||
offered on a voluntary basis to families. In awarding grants | ||
under the program, the Department shall prioritize populations | ||
or communities in need of such services, as determined by the | ||
Department, based on data including, but not limited to, | ||
statewide home visiting needs assessments. Eligibility under | ||
the program shall also take into consideration requirements of | ||
the federal Maternal, Infant, and Early Childhood Home | ||
Visiting Program and Head Start and Early Head Start to ensure | ||
appropriate alignment. The overall goals for these services | ||
are to: | ||
(1) improve maternal and newborn health; | ||
(2) prevent child abuse and neglect; | ||
(3) promote children's development and readiness to | ||
participate in school; and | ||
(4) connect families to needed community resources and | ||
supports. | ||
(b) Allowable uses of funding include: | ||
(1) Grants to community-based organizations to | ||
implement home visiting and family support services with |
fidelity to research-informed home visiting program | ||
models, as defined by the Department. Services may | ||
include, but are not limited to: | ||
(A) personal visits with a child and the child's | ||
parent or caregiver at a periodicity aligned with the | ||
model being implemented; | ||
(B) opportunities for connections with other | ||
parents and caregivers in their community and other | ||
social and community supports; | ||
(C) enhancements to research-informed home | ||
visiting program models based on community needs | ||
including doula services, and other program | ||
innovations as approved by the Department; and | ||
(D) referrals to other resources needed by | ||
families. | ||
(2) Infrastructure supports for grantees, including, | ||
but not limited to, professional development for the | ||
workforce, technical assistance and capacity-building, | ||
data system and supports, infant and early childhood | ||
mental health consultation, trauma-informed practices, | ||
research, universal newborn screening, and coordinated | ||
intake. | ||
(c) Subject to appropriation, the Department shall award | ||
grants to community-based agencies in accordance with this | ||
Section and any other rules that may be adopted by the | ||
Department. Successful grantees under this program shall |
comply with policies and procedures on program, data, and | ||
expense reporting as developed by the Department. | ||
(d) Funds received under this Section shall supplement, | ||
not supplant, other existing or new federal, State, or local | ||
sources of funding for these services. Any new federal funding | ||
received shall supplement and not supplant funding for this | ||
program. | ||
(e) The Department shall collaborate with relevant | ||
agencies to support the coordination and alignment of home | ||
visiting services provided through other State and federal | ||
funds, to the extent possible. The Department shall | ||
collaborate with the State Board of Education, the Department | ||
of Healthcare and Family Services, and Head Start and Early | ||
Head Start in the implementation of these services to support | ||
alignment with home visiting services provided through the | ||
Early Childhood Block Grant and the State's Medical Assistance | ||
Program, respectively, to the extent possible. | ||
(f) An advisory committee shall advise the Department | ||
concerning the implementation of the home visiting program. | ||
The advisory committee shall make recommendations on policy | ||
and implementation. The Department shall determine whether the | ||
advisory committee shall be a newly created body or an | ||
existing body such as a committee of the Illinois Early | ||
Learning Council. The advisory committee shall consist of one | ||
or more representatives of the Department, other members | ||
representing public and private entities that serve and |
interact with the families served under the home visiting | ||
program, with the input of families engaged in home visiting | ||
or related services themselves. Family input may be secured by | ||
engaging families as members of this advisory committee or as | ||
a separate committee of family representatives. | ||
(g) The Department may adopt any rules necessary to | ||
implement this Section. | ||
(i) This Section is repealed on July 1, 2026. | ||
(Source: P.A. 103-498, eff. 1-1-24 .) | ||
(20 ILCS 1305/10-22) | ||
Sec. 10-22. Great START program. | ||
(a) The Department of Human Services shall, subject to a | ||
specific appropriation for this purpose, operate a Great START | ||
(Strategy To Attract and Retain Teachers) program. The goal of | ||
the program is to improve children's developmental and | ||
educational outcomes in child care by encouraging increased | ||
professional preparation by staff and staff retention. The | ||
Great START program shall coordinate with the TEACH | ||
professional development program. | ||
The program shall provide wage supplements and may include | ||
other incentives to licensed child care center personnel, | ||
including early childhood teachers, school-age workers, early | ||
childhood assistants, school-age assistants, and directors, as | ||
such positions are defined by administrative rule of the | ||
Department of Children and Family Services. The program shall |
provide wage supplements and may include other incentives to | ||
licensed family day care home personnel and licensed group day | ||
care home personnel, including caregivers and assistants as | ||
such positions are defined by administrative rule of the | ||
Department of Children and Family Services. Individuals will | ||
receive supplements commensurate with their qualifications. | ||
(b) (Blank). | ||
(c) The Department shall, by rule, define the scope and | ||
operation of the program, including a wage supplement scale. | ||
The scale shall pay increasing amounts for higher levels of | ||
educational attainment beyond minimum qualifications and shall | ||
recognize longevity of employment. Subject to the availability | ||
of sufficient appropriation, the wage supplements shall be | ||
paid to child care personnel in the form of bonuses at 6 month | ||
intervals. Six months of continuous service with a single | ||
employer is required to be eligible to receive a wage | ||
supplement bonus. Wage supplements shall be paid directly to | ||
individual day care personnel, not to their employers. | ||
Eligible individuals must provide to the Department or its | ||
agent all information and documentation, including but not | ||
limited to college transcripts, to demonstrate their | ||
qualifications for a particular wage supplement level. | ||
If appropriations permit, the Department may include | ||
one-time signing bonuses or other incentives to help providers | ||
attract staff, provided that the signing bonuses are less than | ||
the supplement staff would have received if they had remained |
employed with another day care center or family day care home. | ||
If appropriations permit, the Department may include | ||
one-time longevity bonuses or other incentives to recognize | ||
staff who have remained with a single employer. | ||
(d) (Blank). | ||
(e) This Section is repealed on July 1, 2026. | ||
(Source: P.A. 93-711, eff. 7-12-04.) | ||
Section 90-20. The Illinois Early Learning Council Act is | ||
amended by changing Section 10 as follows: | ||
(20 ILCS 3933/10) | ||
Sec. 10. Membership. The Illinois Early Learning Council | ||
shall include representation from both public and private | ||
organizations, and its membership shall reflect regional, | ||
racial, and cultural diversity to ensure representation of the | ||
needs of all Illinois children. One member shall be appointed | ||
by the President of the Senate, one member appointed by the | ||
Minority Leader of the Senate, one member appointed by the | ||
Speaker of the House of Representatives, one member appointed | ||
by the Minority Leader of the House of Representatives, and | ||
other members appointed by the Governor. The Governor's | ||
appointments shall include without limitation the following: | ||
(1) A leader of stature from the Governor's office, to | ||
serve as co-chairperson of the Council. | ||
(2) The chief administrators of the following State |
agencies: Department of Early Childhood, State Board of | ||
Education; Department of Human Services; Department of | ||
Children and Family Services; Department of Public Health; | ||
Department of Healthcare and Family Services; Board of | ||
Higher Education; and Illinois Community College Board. | ||
(3) Local government stakeholders and nongovernment | ||
stakeholders with an interest in early childhood care and | ||
education, including representation from the following | ||
private-sector fields and constituencies: early childhood | ||
education and development; child care; child advocacy; | ||
parenting support; local community collaborations among | ||
early care and education programs and services; maternal | ||
and child health; children with special needs; business; | ||
labor; and law enforcement. The Governor shall designate | ||
one of the members who is a nongovernment stakeholder to | ||
serve as co-chairperson. | ||
In addition, the Governor shall request that the Region V | ||
office of the U.S. Department of Health and Human Services' | ||
Administration for Children and Families appoint a member to | ||
the Council to represent federal children's programs and | ||
services. | ||
Members appointed by General Assembly members and members | ||
appointed by the Governor who are local government or | ||
nongovernment stakeholders shall serve 3-year terms, except | ||
that of the initial appointments, half of these members, as | ||
determined by lot, shall be appointed to 2-year terms so that |
terms are staggered. Members shall serve on a voluntary, | ||
unpaid basis. | ||
(Source: P.A. 95-331, eff. 8-21-07.) | ||
Section 90-25. The Illinois Procurement Code is amended by | ||
changing Section 1-10 as follows: | ||
(30 ILCS 500/1-10) | ||
Sec. 1-10. Application. | ||
(a) This Code applies only to procurements for which | ||
bidders, offerors, potential contractors, or contractors were | ||
first solicited on or after July 1, 1998. This Code shall not | ||
be construed to affect or impair any contract, or any | ||
provision of a contract, entered into based on a solicitation | ||
prior to the implementation date of this Code as described in | ||
Article 99, including, but not limited to, any covenant | ||
entered into with respect to any revenue bonds or similar | ||
instruments. All procurements for which contracts are | ||
solicited between the effective date of Articles 50 and 99 and | ||
July 1, 1998 shall be substantially in accordance with this | ||
Code and its intent. | ||
(b) This Code shall apply regardless of the source of the | ||
funds with which the contracts are paid, including federal | ||
assistance moneys. This Code shall not apply to: | ||
(1) Contracts between the State and its political | ||
subdivisions or other governments, or between State |
governmental bodies, except as specifically provided in | ||
this Code. | ||
(2) Grants, except for the filing requirements of | ||
Section 20-80. | ||
(3) Purchase of care, except as provided in Section | ||
5-30.6 of the Illinois Public Aid Code and this Section. | ||
(4) Hiring of an individual as an employee and not as | ||
an independent contractor, whether pursuant to an | ||
employment code or policy or by contract directly with | ||
that individual. | ||
(5) Collective bargaining contracts. | ||
(6) Purchase of real estate, except that notice of | ||
this type of contract with a value of more than $25,000 | ||
must be published in the Procurement Bulletin within 10 | ||
calendar days after the deed is recorded in the county of | ||
jurisdiction. The notice shall identify the real estate | ||
purchased, the names of all parties to the contract, the | ||
value of the contract, and the effective date of the | ||
contract. | ||
(7) Contracts necessary to prepare for anticipated | ||
litigation, enforcement actions, or investigations, | ||
provided that the chief legal counsel to the Governor | ||
shall give his or her prior approval when the procuring | ||
agency is one subject to the jurisdiction of the Governor, | ||
and provided that the chief legal counsel of any other | ||
procuring entity subject to this Code shall give his or |
her prior approval when the procuring entity is not one | ||
subject to the jurisdiction of the Governor. | ||
(8) (Blank). | ||
(9) Procurement expenditures by the Illinois | ||
Conservation Foundation when only private funds are used. | ||
(10) (Blank). | ||
(11) Public-private agreements entered into according | ||
to the procurement requirements of Section 20 of the | ||
Public-Private Partnerships for Transportation Act and | ||
design-build agreements entered into according to the | ||
procurement requirements of Section 25 of the | ||
Public-Private Partnerships for Transportation Act. | ||
(12) (A) Contracts for legal, financial, and other | ||
professional and artistic services entered into by the | ||
Illinois Finance Authority in which the State of Illinois | ||
is not obligated. Such contracts shall be awarded through | ||
a competitive process authorized by the members of the | ||
Illinois Finance Authority and are subject to Sections | ||
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||
as well as the final approval by the members of the | ||
Illinois Finance Authority of the terms of the contract. | ||
(B) Contracts for legal and financial services entered | ||
into by the Illinois Housing Development Authority in | ||
connection with the issuance of bonds in which the State | ||
of Illinois is not obligated. Such contracts shall be | ||
awarded through a competitive process authorized by the |
members of the Illinois Housing Development Authority and | ||
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||
and 50-37 of this Code, as well as the final approval by | ||
the members of the Illinois Housing Development Authority | ||
of the terms of the contract. | ||
(13) Contracts for services, commodities, and | ||
equipment to support the delivery of timely forensic | ||
science services in consultation with and subject to the | ||
approval of the Chief Procurement Officer as provided in | ||
subsection (d) of Section 5-4-3a of the Unified Code of | ||
Corrections, except for the requirements of Sections | ||
20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||
Code; however, the Chief Procurement Officer may, in | ||
writing with justification, waive any certification | ||
required under Article 50 of this Code. For any contracts | ||
for services which are currently provided by members of a | ||
collective bargaining agreement, the applicable terms of | ||
the collective bargaining agreement concerning | ||
subcontracting shall be followed. | ||
On and after January 1, 2019, this paragraph (13), | ||
except for this sentence, is inoperative. | ||
(14) Contracts for participation expenditures required | ||
by a domestic or international trade show or exhibition of | ||
an exhibitor, member, or sponsor. | ||
(15) Contracts with a railroad or utility that | ||
requires the State to reimburse the railroad or utilities |
for the relocation of utilities for construction or other | ||
public purpose. Contracts included within this paragraph | ||
(15) shall include, but not be limited to, those | ||
associated with: relocations, crossings, installations, | ||
and maintenance. For the purposes of this paragraph (15), | ||
"railroad" means any form of non-highway ground | ||
transportation that runs on rails or electromagnetic | ||
guideways and "utility" means: (1) public utilities as | ||
defined in Section 3-105 of the Public Utilities Act, (2) | ||
telecommunications carriers as defined in Section 13-202 | ||
of the Public Utilities Act, (3) electric cooperatives as | ||
defined in Section 3.4 of the Electric Supplier Act, (4) | ||
telephone or telecommunications cooperatives as defined in | ||
Section 13-212 of the Public Utilities Act, (5) rural | ||
water or waste water systems with 10,000 connections or | ||
less, (6) a holder as defined in Section 21-201 of the | ||
Public Utilities Act, and (7) municipalities owning or | ||
operating utility systems consisting of public utilities | ||
as that term is defined in Section 11-117-2 of the | ||
Illinois Municipal Code. | ||
(16) Procurement expenditures necessary for the | ||
Department of Public Health to provide the delivery of | ||
timely newborn screening services in accordance with the | ||
Newborn Metabolic Screening Act. | ||
(17) Procurement expenditures necessary for the | ||
Department of Agriculture, the Department of Financial and |
Professional Regulation, the Department of Human Services, | ||
and the Department of Public Health to implement the | ||
Compassionate Use of Medical Cannabis Program and Opioid | ||
Alternative Pilot Program requirements and ensure access | ||
to medical cannabis for patients with debilitating medical | ||
conditions in accordance with the Compassionate Use of | ||
Medical Cannabis Program Act. | ||
(18) This Code does not apply to any procurements | ||
necessary for the Department of Agriculture, the | ||
Department of Financial and Professional Regulation, the | ||
Department of Human Services, the Department of Commerce | ||
and Economic Opportunity, and the Department of Public | ||
Health to implement the Cannabis Regulation and Tax Act if | ||
the applicable agency has made a good faith determination | ||
that it is necessary and appropriate for the expenditure | ||
to fall within this exemption and if the process is | ||
conducted in a manner substantially in accordance with the | ||
requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||
50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||
Section 50-35, compliance applies only to contracts or | ||
subcontracts over $100,000. Notice of each contract | ||
entered into under this paragraph (18) that is related to | ||
the procurement of goods and services identified in | ||
paragraph (1) through (9) of this subsection shall be | ||
published in the Procurement Bulletin within 14 calendar |
days after contract execution. The Chief Procurement | ||
Officer shall prescribe the form and content of the | ||
notice. Each agency shall provide the Chief Procurement | ||
Officer, on a monthly basis, in the form and content | ||
prescribed by the Chief Procurement Officer, a report of | ||
contracts that are related to the procurement of goods and | ||
services identified in this subsection. At a minimum, this | ||
report shall include the name of the contractor, a | ||
description of the supply or service provided, the total | ||
amount of the contract, the term of the contract, and the | ||
exception to this Code utilized. A copy of any or all of | ||
these contracts shall be made available to the Chief | ||
Procurement Officer immediately upon request. The Chief | ||
Procurement Officer shall submit a report to the Governor | ||
and General Assembly no later than November 1 of each year | ||
that includes, at a minimum, an annual summary of the | ||
monthly information reported to the Chief Procurement | ||
Officer. This exemption becomes inoperative 5 years after | ||
June 25, 2019 (the effective date of Public Act 101-27). | ||
(19) Acquisition of modifications or adjustments, | ||
limited to assistive technology devices and assistive | ||
technology services, adaptive equipment, repairs, and | ||
replacement parts to provide reasonable accommodations (i) | ||
that enable a qualified applicant with a disability to | ||
complete the job application process and be considered for | ||
the position such qualified applicant desires, (ii) that |
modify or adjust the work environment to enable a | ||
qualified current employee with a disability to perform | ||
the essential functions of the position held by that | ||
employee, (iii) to enable a qualified current employee | ||
with a disability to enjoy equal benefits and privileges | ||
of employment as are enjoyed by other similarly situated | ||
employees without disabilities, and (iv) that allow a | ||
customer, client, claimant, or member of the public | ||
seeking State services full use and enjoyment of and | ||
access to its programs, services, or benefits. | ||
For purposes of this paragraph (19): | ||
"Assistive technology devices" means any item, piece | ||
of equipment, or product system, whether acquired | ||
commercially off the shelf, modified, or customized, that | ||
is used to increase, maintain, or improve functional | ||
capabilities of individuals with disabilities. | ||
"Assistive technology services" means any service that | ||
directly assists an individual with a disability in | ||
selection, acquisition, or use of an assistive technology | ||
device. | ||
"Qualified" has the same meaning and use as provided | ||
under the federal Americans with Disabilities Act when | ||
describing an individual with a disability. | ||
(20) Procurement expenditures necessary for the | ||
Illinois Commerce Commission to hire third-party | ||
facilitators pursuant to Sections 16-105.17 and 16-108.18 |
of the Public Utilities Act or an ombudsman pursuant to | ||
Section 16-107.5 of the Public Utilities Act, a | ||
facilitator pursuant to Section 16-105.17 of the Public | ||
Utilities Act, or a grid auditor pursuant to Section | ||
16-105.10 of the Public Utilities Act. | ||
(21) Procurement expenditures for the purchase, | ||
renewal, and expansion of software, software licenses, or | ||
software maintenance agreements that support the efforts | ||
of the Illinois State Police to enforce, regulate, and | ||
administer the Firearm Owners Identification Card Act, the | ||
Firearm Concealed Carry Act, the Firearms Restraining | ||
Order Act, the Firearm Dealer License Certification Act, | ||
the Law Enforcement Agencies Data System (LEADS), the | ||
Uniform Crime Reporting Act, the Criminal Identification | ||
Act, the Illinois Uniform Conviction Information Act, and | ||
the Gun Trafficking Information Act, or establish or | ||
maintain record management systems necessary to conduct | ||
human trafficking investigations or gun trafficking or | ||
other stolen firearm investigations. This paragraph (21) | ||
applies to contracts entered into on or after January 10, | ||
2023 (the effective date of Public Act 102-1116) and the | ||
renewal of contracts that are in effect on January 10, | ||
2023 (the effective date of Public Act 102-1116). | ||
(22) Contracts for project management services and | ||
system integration services required for the completion of | ||
the State's enterprise resource planning project. This |
exemption becomes inoperative 5 years after June 7, 2023 | ||
(the effective date of the changes made to this Section by | ||
Public Act 103-8). This paragraph (22) applies to | ||
contracts entered into on or after June 7, 2023 (the | ||
effective date of the changes made to this Section by | ||
Public Act 103-8) and the renewal of contracts that are in | ||
effect on June 7, 2023 (the effective date of the changes | ||
made to this Section by Public Act 103-8). | ||
(23) Procurements necessary for the Department of | ||
Insurance to implement the Illinois Health Benefits | ||
Exchange Law if the Department of Insurance has made a | ||
good faith determination that it is necessary and | ||
appropriate for the expenditure to fall within this | ||
exemption. The procurement process shall be conducted in a | ||
manner substantially in accordance with the requirements | ||
of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||
copy of these contracts shall be made available to the | ||
Chief Procurement Officer immediately upon request. This | ||
paragraph is inoperative 5 years after June 27, 2023 (the | ||
effective date of Public Act 103-103). | ||
(24) (22) Contracts for public education programming, | ||
noncommercial sustaining announcements, public service | ||
announcements, and public awareness and education | ||
messaging with the nonprofit trade associations of the | ||
providers of those services that inform the public on | ||
immediate and ongoing health and safety risks and hazards. |
(25) Procurements necessary for the Department of | ||
Early Childhood to implement the Department of Early | ||
Childhood Act if the Department has made a good faith | ||
determination that it is necessary and appropriate for the | ||
expenditure to fall within this exemption. This exemption | ||
shall only be used for products and services procured | ||
solely for use by the Department of Early Childhood. The | ||
procurements may include those necessary to design and | ||
build integrated, operational systems of programs and | ||
services. The procurements may include, but are not | ||
limited to, those necessary to align and update program | ||
standards, integrate funding systems, design and establish | ||
data and reporting systems, align and update models for | ||
technical assistance and professional development, design | ||
systems to manage grants and ensure compliance, design and | ||
implement management and operational structures, and | ||
establish new means of engaging with families, educators, | ||
providers, and stakeholders. The procurement processes | ||
shall be conducted in a manner substantially in accordance | ||
with the requirements of Article 50 (ethics) and Sections | ||
5-5 (Procurement Policy Board), 5-7 (Commission on Equity | ||
and Inclusion), 20-80 (contract files), 20-120 | ||
(subcontractors), 20-155 (paperwork), 20-160 | ||
(ethics/campaign contribution prohibitions), 25-60 | ||
(prevailing wage), and 25-90 (prohibited and authorized | ||
cybersecurity) of this Code. Beginning January 1, 2025, |
the Department of Early Childhood shall provide a | ||
quarterly report to the General Assembly detailing a list | ||
of expenditures and contracts for which the Department | ||
uses this exemption. This paragraph is inoperative on and | ||
after July 1, 2027. | ||
Notwithstanding any other provision of law, for contracts | ||
with an annual value of more than $100,000 entered into on or | ||
after October 1, 2017 under an exemption provided in any | ||
paragraph of this subsection (b), except paragraph (1), (2), | ||
or (5), each State agency shall post to the appropriate | ||
procurement bulletin the name of the contractor, a description | ||
of the supply or service provided, the total amount of the | ||
contract, the term of the contract, and the exception to the | ||
Code utilized. The chief procurement officer shall submit a | ||
report to the Governor and General Assembly no later than | ||
November 1 of each year that shall include, at a minimum, an | ||
annual summary of the monthly information reported to the | ||
chief procurement officer. | ||
(c) This Code does not apply to the electric power | ||
procurement process provided for under Section 1-75 of the | ||
Illinois Power Agency Act and Section 16-111.5 of the Public | ||
Utilities Act. This Code does not apply to the procurement of | ||
technical and policy experts pursuant to Section 1-129 of the | ||
Illinois Power Agency Act. | ||
(d) Except for Section 20-160 and Article 50 of this Code, | ||
and as expressly required by Section 9.1 of the Illinois |
Lottery Law, the provisions of this Code do not apply to the | ||
procurement process provided for under Section 9.1 of the | ||
Illinois Lottery Law. | ||
(e) This Code does not apply to the process used by the | ||
Capital Development Board to retain a person or entity to | ||
assist the Capital Development Board with its duties related | ||
to the determination of costs of a clean coal SNG brownfield | ||
facility, as defined by Section 1-10 of the Illinois Power | ||
Agency Act, as required in subsection (h-3) of Section 9-220 | ||
of the Public Utilities Act, including calculating the range | ||
of capital costs, the range of operating and maintenance | ||
costs, or the sequestration costs or monitoring the | ||
construction of clean coal SNG brownfield facility for the | ||
full duration of construction. | ||
(f) (Blank). | ||
(g) (Blank). | ||
(h) This Code does not apply to the process to procure or | ||
contracts entered into in accordance with Sections 11-5.2 and | ||
11-5.3 of the Illinois Public Aid Code. | ||
(i) Each chief procurement officer may access records | ||
necessary to review whether a contract, purchase, or other | ||
expenditure is or is not subject to the provisions of this | ||
Code, unless such records would be subject to attorney-client | ||
privilege. | ||
(j) This Code does not apply to the process used by the | ||
Capital Development Board to retain an artist or work or works |
of art as required in Section 14 of the Capital Development | ||
Board Act. | ||
(k) This Code does not apply to the process to procure | ||
contracts, or contracts entered into, by the State Board of | ||
Elections or the State Electoral Board for hearing officers | ||
appointed pursuant to the Election Code. | ||
(l) This Code does not apply to the processes used by the | ||
Illinois Student Assistance Commission to procure supplies and | ||
services paid for from the private funds of the Illinois | ||
Prepaid Tuition Fund. As used in this subsection (l), "private | ||
funds" means funds derived from deposits paid into the | ||
Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||
(m) This Code shall apply regardless of the source of | ||
funds with which contracts are paid, including federal | ||
assistance moneys. Except as specifically provided in this | ||
Code, this Code shall not apply to procurement expenditures | ||
necessary for the Department of Public Health to conduct the | ||
Healthy Illinois Survey in accordance with Section 2310-431 of | ||
the Department of Public Health Powers and Duties Law of the | ||
Civil Administrative Code of Illinois. | ||
(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | ||
102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | ||
9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||
102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | ||
6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised | ||
1-2-24.) |
Section 90-30. The School Code is amended by changing | ||
Sections 1A-4, 1C-2, 1C-4, 1D-1, 2-3.47, 2-3.64a-10, 2-3.71, | ||
2-3.71a, 2-3.79, 2-3.89, 10-22.6, 21B-50, 22-45, and 26-19 as | ||
follows: | ||
(105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4) | ||
Sec. 1A-4. Powers and duties of the Board. | ||
A. (Blank). | ||
B. The Board shall determine the qualifications of and | ||
appoint a chief education officer, to be known as the State | ||
Superintendent of Education, who may be proposed by the | ||
Governor and who shall serve at the pleasure of the Board and | ||
pursuant to a performance-based contract linked to statewide | ||
student performance and academic improvement within Illinois | ||
schools. Upon expiration or buyout of the contract of the | ||
State Superintendent of Education in office on the effective | ||
date of this amendatory Act of the 93rd General Assembly, a | ||
State Superintendent of Education shall be appointed by a | ||
State Board of Education that includes the 7 new Board members | ||
who were appointed to fill seats of members whose terms were | ||
terminated on the effective date of this amendatory Act of the | ||
93rd General Assembly. Thereafter, a State Superintendent of | ||
Education must, at a minimum, be appointed at the beginning of | ||
each term of a Governor after that Governor has made | ||
appointments to the Board. A performance-based contract issued |
for the employment of a State Superintendent of Education | ||
entered into on or after the effective date of this amendatory | ||
Act of the 93rd General Assembly must expire no later than | ||
February 1, 2007, and subsequent contracts must expire no | ||
later than February 1 each 4 years thereafter. No contract | ||
shall be extended or renewed beyond February 1, 2007 and | ||
February 1 each 4 years thereafter, but a State Superintendent | ||
of Education shall serve until his or her successor is | ||
appointed. Each contract entered into on or before January 8, | ||
2007 with a State Superintendent of Education must provide | ||
that the State Board of Education may terminate the contract | ||
for cause, and the State Board of Education shall not | ||
thereafter be liable for further payments under the contract. | ||
With regard to this amendatory Act of the 93rd General | ||
Assembly, it is the intent of the General Assembly that, | ||
beginning with the Governor who takes office on the second | ||
Monday of January, 2007, a State Superintendent of Education | ||
be appointed at the beginning of each term of a Governor after | ||
that Governor has made appointments to the Board. The State | ||
Superintendent of Education shall not serve as a member of the | ||
State Board of Education. The Board shall set the compensation | ||
of the State Superintendent of Education who shall serve as | ||
the Board's chief executive officer. The Board shall also | ||
establish the duties, powers and responsibilities of the State | ||
Superintendent, which shall be included in the State | ||
Superintendent's performance-based contract along with the |
goals and indicators of student performance and academic | ||
improvement used to measure the performance and effectiveness | ||
of the State Superintendent. The State Board of Education may | ||
delegate to the State Superintendent of Education the | ||
authority to act on the Board's behalf, provided such | ||
delegation is made pursuant to adopted board policy or the | ||
powers delegated are ministerial in nature. The State Board | ||
may not delegate authority under this Section to the State | ||
Superintendent to (1) nonrecognize school districts, (2) | ||
withhold State payments as a penalty, or (3) make final | ||
decisions under the contested case provisions of the Illinois | ||
Administrative Procedure Act unless otherwise provided by law. | ||
C. The powers and duties of the State Board of Education | ||
shall encompass all duties delegated to the Office of | ||
Superintendent of Public Instruction on January 12, 1975, | ||
except as the law providing for such powers and duties is | ||
thereafter amended, and such other powers and duties as the | ||
General Assembly shall designate. The Board shall be | ||
responsible for the educational policies and guidelines for | ||
public schools, pre-school through grade 12 and Vocational | ||
Education in the State of Illinois. Beginning July 1, 2024, | ||
educational policies and guidelines pertaining to pre-school | ||
and the Prevention Initiative program shall be done in | ||
consultation with the Department of Early Childhood. The Board | ||
shall analyze the present and future aims, needs, and | ||
requirements of education in the State of Illinois and |
recommend to the General Assembly the powers which should be | ||
exercised by the Board. The Board shall recommend the passage | ||
and the legislation necessary to determine the appropriate | ||
relationship between the Board and local boards of education | ||
and the various State agencies and shall recommend desirable | ||
modifications in the laws which affect schools. | ||
D. Two members of the Board shall be appointed by the | ||
chairperson to serve on a standing joint Education Committee, | ||
2 others shall be appointed from the Board of Higher | ||
Education, 2 others shall be appointed by the chairperson of | ||
the Illinois Community College Board, and 2 others shall be | ||
appointed by the chairperson of the Human Resource Investment | ||
Council. The Committee shall be responsible for making | ||
recommendations concerning the submission of any workforce | ||
development plan or workforce training program required by | ||
federal law or under any block grant authority. The Committee | ||
will be responsible for developing policy on matters of mutual | ||
concern to elementary, secondary and higher education such as | ||
Occupational and Career Education, Teacher Preparation and | ||
Licensure, Educational Finance, Articulation between | ||
Elementary, Secondary and Higher Education and Research and | ||
Planning. The joint Education Committee shall meet at least | ||
quarterly and submit an annual report of its findings, | ||
conclusions, and recommendations to the State Board of | ||
Education, the Board of Higher Education, the Illinois | ||
Community College Board, the Human Resource Investment |
Council, the Governor, and the General Assembly. All meetings | ||
of this Committee shall be official meetings for reimbursement | ||
under this Act. On the effective date of this amendatory Act of | ||
the 95th General Assembly, the Joint Education Committee is | ||
abolished. | ||
E. Five members of the Board shall constitute a quorum. A | ||
majority vote of the members appointed, confirmed and serving | ||
on the Board is required to approve any action, except that the | ||
7 new Board members who were appointed to fill seats of members | ||
whose terms were terminated on the effective date of this | ||
amendatory act of the 93rd General Assembly may vote to | ||
approve actions when appointed and serving. | ||
F. Upon appointment of the 7 new Board members who were | ||
appointed to fill seats of members whose terms were terminated | ||
on the effective date of this amendatory Act of the 93rd | ||
General Assembly, the Board shall review all of its current | ||
rules in an effort to streamline procedures, improve | ||
efficiency, and eliminate unnecessary forms and paperwork. | ||
(Source: P.A. 102-894, eff. 5-20-22.) | ||
(105 ILCS 5/1C-2) | ||
Sec. 1C-2. Block grants. | ||
(a) For fiscal year 1999, and each fiscal year thereafter | ||
through fiscal year 2026 , the State Board of Education shall | ||
award to school districts block grants as described in | ||
subsection (c). The State Board of Education may adopt rules |
and regulations necessary to implement this Section. In | ||
accordance with Section 2-3.32, all state block grants are | ||
subject to an audit. Therefore, block grant receipts and block | ||
grant expenditures shall be recorded to the appropriate fund | ||
code. | ||
(b) (Blank). | ||
(c) An Early Childhood Education Block Grant shall be | ||
created by combining the following programs: Preschool | ||
Education, Parental Training and Prevention Initiative. These | ||
funds shall be distributed to school districts and other | ||
entities on a competitive basis, except that the State Board | ||
of Education shall award to a school district having a | ||
population exceeding 500,000 inhabitants 37% of the funds in | ||
each fiscal year. Not less than 14% of the Early Childhood | ||
Education Block Grant allocation of funds shall be used to | ||
fund programs for children ages 0-3. Beginning in Fiscal Year | ||
2016, at least 25% of any additional Early Childhood Education | ||
Block Grant funding over and above the previous fiscal year's | ||
allocation shall be used to fund programs for children ages | ||
0-3. Once the percentage of Early Childhood Education Block | ||
Grant funding allocated to programs for children ages 0-3 | ||
reaches 20% of the overall Early Childhood Education Block | ||
Grant allocation for a full fiscal year, thereafter in | ||
subsequent fiscal years the percentage of Early Childhood | ||
Education Block Grant funding allocated to programs for | ||
children ages 0-3 each fiscal year shall remain at least 20% of |
the overall Early Childhood Education Block Grant allocation. | ||
However, if, in a given fiscal year, the amount appropriated | ||
for the Early Childhood Education Block Grant is insufficient | ||
to increase the percentage of the grant to fund programs for | ||
children ages 0-3 without reducing the amount of the grant for | ||
existing providers of preschool education programs, then the | ||
percentage of the grant to fund programs for children ages 0-3 | ||
may be held steady instead of increased. This subsection (c) is | ||
inoperative on and after July 1, 2026. | ||
(Source: P.A. 99-589, eff. 7-21-16; 100-465, eff. 8-31-17.) | ||
(105 ILCS 5/1C-4) | ||
Sec. 1C-4. Reports. A school district that receives an | ||
Early Childhood Education Block Grant shall report to the | ||
State Board of Education on its use of the block grant in such | ||
form and detail as the State Board of Education may specify. In | ||
addition, the report must include the following description | ||
for the district, which must also be reported to the General | ||
Assembly: block grant allocation and expenditures by program; | ||
population and service levels by program; and administrative | ||
expenditures by program. The State Board of Education shall | ||
ensure that the reporting requirements for a district | ||
organized under Article 34 of this Code are the same as for all | ||
other school districts in this State. | ||
This Section is repealed on July 1, 2026. | ||
(Source: P.A. 99-30, eff. 7-10-15.) |
(105 ILCS 5/1D-1) | ||
(Text of Section from P.A. 100-55) | ||
Sec. 1D-1. Block grant funding. | ||
(a) For fiscal year 1996 and each fiscal year thereafter, | ||
the State Board of Education shall award to a school district | ||
having a population exceeding 500,000 inhabitants a general | ||
education block grant and an educational services block grant, | ||
determined as provided in this Section, in lieu of | ||
distributing to the district separate State funding for the | ||
programs described in subsections (b) and (c). The provisions | ||
of this Section, however, do not apply to any federal funds | ||
that the district is entitled to receive. In accordance with | ||
Section 2-3.32, all block grants are subject to an audit. | ||
Therefore, block grant receipts and block grant expenditures | ||
shall be recorded to the appropriate fund code for the | ||
designated block grant. | ||
(b) The general education block grant shall include the | ||
following programs: REI Initiative, Summer Bridges, Preschool | ||
Education, K-6 Comprehensive Arts, School Improvement Support, | ||
Urban Education, Scientific Literacy, Substance Abuse | ||
Prevention, Second Language Planning, Staff Development, | ||
Outcomes and Assessment, K-6 Reading Improvement, 7-12 | ||
Continued Reading Improvement, Truants' Optional Education, | ||
Hispanic Programs, Agriculture Education, Parental Training, | ||
Prevention Initiative, Report Cards, and Criminal Background |
Investigations. The general education block grant shall also | ||
include Preschool Education, Parental Training, and Prevention | ||
Initiative through June 30, 2026. Notwithstanding any other | ||
provision of law, all amounts paid under the general education | ||
block grant from State appropriations to a school district in | ||
a city having a population exceeding 500,000 inhabitants shall | ||
be appropriated and expended by the board of that district for | ||
any of the programs included in the block grant or any of the | ||
board's lawful purposes. Beginning in Fiscal Year 2018, at | ||
least 25% of any additional Preschool Education, Parental | ||
Training, and Prevention Initiative program funding over and | ||
above the previous fiscal year's allocation shall be used to | ||
fund programs for children ages 0-3. Beginning in Fiscal Year | ||
2018, funding for Preschool Education, Parental Training, and | ||
Prevention Initiative programs above the allocation for these | ||
programs in Fiscal Year 2017 must be used solely as a | ||
supplement for these programs and may not supplant funds | ||
received from other sources. | ||
(b-5) Beginning in Fiscal Year 2027, the Department of | ||
Early Childhood shall award a block grant for Preschool | ||
Education, Parental Training, and Prevention Initiative to a | ||
school district having a population exceeding 500,000 | ||
inhabitants. The grants are subject to audit. Therefore, block | ||
grant receipts and block grant expenditures shall be recorded | ||
to the appropriate fund code for the designated block grant. | ||
Notwithstanding any other provision of law, all amounts paid |
under the block grant from State appropriations to a school | ||
district in a city having a population exceeding 500,000 | ||
inhabitants shall be appropriated and expended by the board of | ||
that district for any of the programs included in the block | ||
grant or any of the board's lawful purposes. The district is | ||
not required to file any application or other claim in order to | ||
receive the block grant to which it is entitled under this | ||
Section. The Department of Early Childhood shall make payments | ||
to the district of amounts due under the district's block | ||
grant on a schedule determined by the Department. A school | ||
district to which this Section applies shall report to the | ||
Department of Early Childhood on its use of the block grant in | ||
such form and detail as the Department may specify. In | ||
addition, the report must include the following description | ||
for the district, which must also be reported to the General | ||
Assembly: block grant allocation and expenditures by program; | ||
population and service levels by program; and administrative | ||
expenditures by program. The Department shall ensure that the | ||
reporting requirements for the district are the same as for | ||
all other school districts in this State. Beginning in Fiscal | ||
Year 2018, at least 25% of any additional Preschool Education, | ||
Parental Training, and Prevention Initiative program funding | ||
over and above the previous fiscal year's allocation shall be | ||
used to fund programs for children ages 0-3. Beginning in | ||
Fiscal Year 2018, funding for Preschool Education, Parental | ||
Training, and Prevention Initiative programs above the |
allocation for these programs in Fiscal Year 2017 must be used | ||
solely as a supplement for these programs and may not supplant | ||
funds received from other sources. | ||
(c) The educational services block grant shall include the | ||
following programs: Regular and Vocational Transportation, | ||
State Lunch and Free Breakfast Program, Special Education | ||
(Personnel, Transportation, Orphanage, Private Tuition), | ||
funding for children requiring special education services, | ||
Summer School, Educational Service Centers, and | ||
Administrator's Academy. This subsection (c) does not relieve | ||
the district of its obligation to provide the services | ||
required under a program that is included within the | ||
educational services block grant. It is the intention of the | ||
General Assembly in enacting the provisions of this subsection | ||
(c) to relieve the district of the administrative burdens that | ||
impede efficiency and accompany single-program funding. The | ||
General Assembly encourages the board to pursue mandate | ||
waivers pursuant to Section 2-3.25g. | ||
The funding program included in the educational services | ||
block grant for funding for children requiring special | ||
education services in each fiscal year shall be treated in | ||
that fiscal year as a payment to the school district in respect | ||
of services provided or costs incurred in the prior fiscal | ||
year, calculated in each case as provided in this Section. | ||
Nothing in this Section shall change the nature of payments | ||
for any program that, apart from this Section, would be or, |
prior to adoption or amendment of this Section, was on the | ||
basis of a payment in a fiscal year in respect of services | ||
provided or costs incurred in the prior fiscal year, | ||
calculated in each case as provided in this Section. | ||
(d) For fiscal year 1996 and each fiscal year thereafter, | ||
the amount of the district's block grants shall be determined | ||
as follows: (i) with respect to each program that is included | ||
within each block grant, the district shall receive an amount | ||
equal to the same percentage of the current fiscal year | ||
appropriation made for that program as the percentage of the | ||
appropriation received by the district from the 1995 fiscal | ||
year appropriation made for that program, and (ii) the total | ||
amount that is due the district under the block grant shall be | ||
the aggregate of the amounts that the district is entitled to | ||
receive for the fiscal year with respect to each program that | ||
is included within the block grant that the State Board of | ||
Education shall award the district under this Section for that | ||
fiscal year. In the case of the Summer Bridges program, the | ||
amount of the district's block grant shall be equal to 44% of | ||
the amount of the current fiscal year appropriation made for | ||
that program. | ||
(e) The district is not required to file any application | ||
or other claim in order to receive the block grants to which it | ||
is entitled under this Section. The State Board of Education | ||
shall make payments to the district of amounts due under the | ||
district's block grants on a schedule determined by the State |
Board of Education. | ||
(f) A school district to which this Section applies shall | ||
report to the State Board of Education on its use of the block | ||
grants in such form and detail as the State Board of Education | ||
may specify. In addition, the report must include the | ||
following description for the district, which must also be | ||
reported to the General Assembly: block grant allocation and | ||
expenditures by program; population and service levels by | ||
program; and administrative expenditures by program. The State | ||
Board of Education shall ensure that the reporting | ||
requirements for the district are the same as for all other | ||
school districts in this State. | ||
(g) This paragraph provides for the treatment of block | ||
grants under Article 1C for purposes of calculating the amount | ||
of block grants for a district under this Section. Those block | ||
grants under Article 1C are, for this purpose, treated as | ||
included in the amount of appropriation for the various | ||
programs set forth in paragraph (b) above. The appropriation | ||
in each current fiscal year for each block grant under Article | ||
1C shall be treated for these purposes as appropriations for | ||
the individual program included in that block grant. The | ||
proportion of each block grant so allocated to each such | ||
program included in it shall be the proportion which the | ||
appropriation for that program was of all appropriations for | ||
such purposes now in that block grant, in fiscal 1995. | ||
Payments to the school district under this Section with |
respect to each program for which payments to school districts | ||
generally, as of the date of this amendatory Act of the 92nd | ||
General Assembly, are on a reimbursement basis shall continue | ||
to be made to the district on a reimbursement basis, pursuant | ||
to the provisions of this Code governing those programs. | ||
(h) Notwithstanding any other provision of law, any school | ||
district receiving a block grant under this Section may | ||
classify all or a portion of the funds that it receives in a | ||
particular fiscal year from any block grant authorized under | ||
this Code or from general State aid pursuant to Section | ||
18-8.05 of this Code (other than supplemental general State | ||
aid) as funds received in connection with any funding program | ||
for which it is entitled to receive funds from the State in | ||
that fiscal year (including, without limitation, any funding | ||
program referred to in subsection (c) of this Section), | ||
regardless of the source or timing of the receipt. The | ||
district may not classify more funds as funds received in | ||
connection with the funding program than the district is | ||
entitled to receive in that fiscal year for that program. Any | ||
classification by a district must be made by a resolution of | ||
its board of education. The resolution must identify the | ||
amount of any block grant or general State aid to be classified | ||
under this subsection (h) and must specify the funding program | ||
to which the funds are to be treated as received in connection | ||
therewith. This resolution is controlling as to the | ||
classification of funds referenced therein. A certified copy |
of the resolution must be sent to the State Superintendent of | ||
Education. The resolution shall still take effect even though | ||
a copy of the resolution has not been sent to the State | ||
Superintendent of Education in a timely manner. No | ||
classification under this subsection (h) by a district shall | ||
affect the total amount or timing of money the district is | ||
entitled to receive under this Code. No classification under | ||
this subsection (h) by a district shall in any way relieve the | ||
district from or affect any requirements that otherwise would | ||
apply with respect to the block grant as provided in this | ||
Section, including any accounting of funds by source, | ||
reporting expenditures by original source and purpose, | ||
reporting requirements, or requirements of provision of | ||
services. | ||
(Source: P.A. 100-55, eff. 8-11-17 .) | ||
(Text of Section from P.A. 100-465) | ||
Sec. 1D-1. Block grant funding. | ||
(a) For fiscal year 1996 through fiscal year 2017, the | ||
State Board of Education shall award to a school district | ||
having a population exceeding 500,000 inhabitants a general | ||
education block grant and an educational services block grant, | ||
determined as provided in this Section, in lieu of | ||
distributing to the district separate State funding for the | ||
programs described in subsections (b) and (c). The provisions | ||
of this Section, however, do not apply to any federal funds |
that the district is entitled to receive. In accordance with | ||
Section 2-3.32, all block grants are subject to an audit. | ||
Therefore, block grant receipts and block grant expenditures | ||
shall be recorded to the appropriate fund code for the | ||
designated block grant. | ||
(b) The general education block grant shall include the | ||
following programs: REI Initiative, Summer Bridges, Preschool | ||
At Risk, K-6 Comprehensive Arts, School Improvement Support, | ||
Urban Education, Scientific Literacy, Substance Abuse | ||
Prevention, Second Language Planning, Staff Development, | ||
Outcomes and Assessment, K-6 Reading Improvement, 7-12 | ||
Continued Reading Improvement, Truants' Optional Education, | ||
Hispanic Programs, Agriculture Education, Parental Education, | ||
Prevention Initiative, Report Cards, and Criminal Background | ||
Investigations. The general education block grant shall also | ||
include Preschool Education, Parental Training, and Prevention | ||
Initiative through June 30, 2026. Notwithstanding any other | ||
provision of law, all amounts paid under the general education | ||
block grant from State appropriations to a school district in | ||
a city having a population exceeding 500,000 inhabitants shall | ||
be appropriated and expended by the board of that district for | ||
any of the programs included in the block grant or any of the | ||
board's lawful purposes. | ||
(b-5) Beginning in Fiscal Year 2027, the Department of | ||
Early Childhood shall award a block grant for Preschool | ||
Education, Parental Training, and Prevention Initiative to a |
school district having a population exceeding 500,000 | ||
inhabitants. The grants are subject to audit. Therefore, block | ||
grant receipts and block grant expenditures shall be recorded | ||
to the appropriate fund code for the designated block grant. | ||
Notwithstanding any other provision of law, all amounts paid | ||
under the block grant from State appropriations to a school | ||
district in a city having a population exceeding 500,000 | ||
inhabitants shall be appropriated and expended by the board of | ||
that district for any of the programs included in the block | ||
grant or any of the board's lawful purposes. The district is | ||
not required to file any application or other claim in order to | ||
receive the block grant to which it is entitled under this | ||
Section. The Department of Early Childhood shall make payments | ||
to the district of amounts due under the district's block | ||
grant on a schedule determined by the Department. A school | ||
district to which this Section applies shall report to the | ||
Department of Early Childhood on its use of the block grant in | ||
such form and detail as the Department may specify. In | ||
addition, the report must include the following description | ||
for the district, which must also be reported to the General | ||
Assembly: block grant allocation and expenditures by program; | ||
population and service levels by program; and administrative | ||
expenditures by program. The Department shall ensure that the | ||
reporting requirements for the district are the same as for | ||
all other school districts in this State. Beginning in Fiscal | ||
Year 2018, at least 25% of any additional Preschool Education, |
Parental Training, and Prevention Initiative program funding | ||
over and above the previous fiscal year's allocation shall be | ||
used to fund programs for children ages 0-3. Beginning in | ||
Fiscal Year 2018, funding for Preschool Education, Parental | ||
Training, and Prevention Initiative programs above the | ||
allocation for these programs in Fiscal Year 2017 must be used | ||
solely as a supplement for these programs and may not supplant | ||
funds received from other sources. (b-10). | ||
(c) The educational services block grant shall include the | ||
following programs: Regular and Vocational Transportation, | ||
State Lunch and Free Breakfast Program, Special Education | ||
(Personnel, Transportation, Orphanage, Private Tuition), | ||
funding for children requiring special education services, | ||
Summer School, Educational Service Centers, and | ||
Administrator's Academy. This subsection (c) does not relieve | ||
the district of its obligation to provide the services | ||
required under a program that is included within the | ||
educational services block grant. It is the intention of the | ||
General Assembly in enacting the provisions of this subsection | ||
(c) to relieve the district of the administrative burdens that | ||
impede efficiency and accompany single-program funding. The | ||
General Assembly encourages the board to pursue mandate | ||
waivers pursuant to Section 2-3.25g. | ||
The funding program included in the educational services | ||
block grant for funding for children requiring special | ||
education services in each fiscal year shall be treated in |
that fiscal year as a payment to the school district in respect | ||
of services provided or costs incurred in the prior fiscal | ||
year, calculated in each case as provided in this Section. | ||
Nothing in this Section shall change the nature of payments | ||
for any program that, apart from this Section, would be or, | ||
prior to adoption or amendment of this Section, was on the | ||
basis of a payment in a fiscal year in respect of services | ||
provided or costs incurred in the prior fiscal year, | ||
calculated in each case as provided in this Section. | ||
(d) For fiscal year 1996 through fiscal year 2017, the | ||
amount of the district's block grants shall be determined as | ||
follows: (i) with respect to each program that is included | ||
within each block grant, the district shall receive an amount | ||
equal to the same percentage of the current fiscal year | ||
appropriation made for that program as the percentage of the | ||
appropriation received by the district from the 1995 fiscal | ||
year appropriation made for that program, and (ii) the total | ||
amount that is due the district under the block grant shall be | ||
the aggregate of the amounts that the district is entitled to | ||
receive for the fiscal year with respect to each program that | ||
is included within the block grant that the State Board of | ||
Education shall award the district under this Section for that | ||
fiscal year. In the case of the Summer Bridges program, the | ||
amount of the district's block grant shall be equal to 44% of | ||
the amount of the current fiscal year appropriation made for | ||
that program. |
(e) The district is not required to file any application | ||
or other claim in order to receive the block grants to which it | ||
is entitled under this Section. The State Board of Education | ||
shall make payments to the district of amounts due under the | ||
district's block grants on a schedule determined by the State | ||
Board of Education. | ||
(f) A school district to which this Section applies shall | ||
report to the State Board of Education on its use of the block | ||
grants in such form and detail as the State Board of Education | ||
may specify. In addition, the report must include the | ||
following description for the district, which must also be | ||
reported to the General Assembly: block grant allocation and | ||
expenditures by program; population and service levels by | ||
program; and administrative expenditures by program. The State | ||
Board of Education shall ensure that the reporting | ||
requirements for the district are the same as for all other | ||
school districts in this State. | ||
(g) Through fiscal year 2017, this paragraph provides for | ||
the treatment of block grants under Article 1C for purposes of | ||
calculating the amount of block grants for a district under | ||
this Section. Those block grants under Article 1C are, for | ||
this purpose, treated as included in the amount of | ||
appropriation for the various programs set forth in paragraph | ||
(b) above. The appropriation in each current fiscal year for | ||
each block grant under Article 1C shall be treated for these | ||
purposes as appropriations for the individual program included |
in that block grant. The proportion of each block grant so | ||
allocated to each such program included in it shall be the | ||
proportion which the appropriation for that program was of all | ||
appropriations for such purposes now in that block grant, in | ||
fiscal 1995. | ||
Payments to the school district under this Section with | ||
respect to each program for which payments to school districts | ||
generally, as of the date of this amendatory Act of the 92nd | ||
General Assembly, are on a reimbursement basis shall continue | ||
to be made to the district on a reimbursement basis, pursuant | ||
to the provisions of this Code governing those programs. | ||
(h) Notwithstanding any other provision of law, any school | ||
district receiving a block grant under this Section may | ||
classify all or a portion of the funds that it receives in a | ||
particular fiscal year from any block grant authorized under | ||
this Code or from general State aid pursuant to Section | ||
18-8.05 of this Code (other than supplemental general State | ||
aid) as funds received in connection with any funding program | ||
for which it is entitled to receive funds from the State in | ||
that fiscal year (including, without limitation, any funding | ||
program referred to in subsection (c) of this Section), | ||
regardless of the source or timing of the receipt. The | ||
district may not classify more funds as funds received in | ||
connection with the funding program than the district is | ||
entitled to receive in that fiscal year for that program. Any | ||
classification by a district must be made by a resolution of |
its board of education. The resolution must identify the | ||
amount of any block grant or general State aid to be classified | ||
under this subsection (h) and must specify the funding program | ||
to which the funds are to be treated as received in connection | ||
therewith. This resolution is controlling as to the | ||
classification of funds referenced therein. A certified copy | ||
of the resolution must be sent to the State Superintendent of | ||
Education. The resolution shall still take effect even though | ||
a copy of the resolution has not been sent to the State | ||
Superintendent of Education in a timely manner. No | ||
classification under this subsection (h) by a district shall | ||
affect the total amount or timing of money the district is | ||
entitled to receive under this Code. No classification under | ||
this subsection (h) by a district shall in any way relieve the | ||
district from or affect any requirements that otherwise would | ||
apply with respect to the block grant as provided in this | ||
Section, including any accounting of funds by source, | ||
reporting expenditures by original source and purpose, | ||
reporting requirements, or requirements of provision of | ||
services. | ||
(Source: P.A. 100-465, eff. 8-31-17 .) | ||
(105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47) | ||
Sec. 2-3.47. The State Board of Education shall annually | ||
submit a budget recommendation to the Governor and General | ||
Assembly that contains recommendations for funding for |
pre-school through grade 12 through Fiscal Year 2026. For | ||
Fiscal Year 2027, and annually thereafter, the State Board of | ||
Education shall submit a budget recommendation to the Governor | ||
and General Assembly that contains recommendations for funding | ||
for kindergarten through grade 12 . | ||
(Source: P.A. 98-739, eff. 7-16-14.) | ||
(105 ILCS 5/2-3.64a-10) | ||
Sec. 2-3.64a-10. Kindergarten assessment. | ||
(a) For the purposes of this Section, "kindergarten" | ||
includes both full-day and half-day kindergarten programs. | ||
(b) Beginning no later than the 2021-2022 school year, the | ||
State Board of Education shall annually assess all public | ||
school students entering kindergarten using a common | ||
assessment tool, unless the State Board determines that a | ||
student is otherwise exempt. The common assessment tool must | ||
assess multiple developmental domains, including literacy, | ||
language, mathematics, and social and emotional development. | ||
The assessment must be valid, reliable, and developmentally | ||
appropriate to formatively assess a child's development and | ||
readiness for kindergarten. | ||
(c) Results from the assessment may be used by the school | ||
to understand the child's development and readiness for | ||
kindergarten, to tailor instruction, and to measure the | ||
child's progress over time. Assessment results may also be | ||
used to identify a need for the professional development of |
teachers and early childhood educators and to inform | ||
State-level and district-level policies and resource | ||
allocation. | ||
The school shall make the assessment results available to | ||
the child's parent or guardian. | ||
The assessment results may not be used (i) to prevent a | ||
child from enrolling in kindergarten or (ii) as the sole | ||
measure used in determining the grade promotion or retention | ||
of a student. | ||
(d) On an annual basis, the State Board shall report | ||
publicly, at a minimum, data from the assessment for the State | ||
overall and for each school district. The State Board's report | ||
must disaggregate data by race and ethnicity, household | ||
income, students who are English learners, and students who | ||
have an individualized education program. | ||
(e) The State Superintendent of Education shall appoint a | ||
committee of no more than 22 21 members, including the | ||
Secretary of Early Childhood or the Secretary's designee, | ||
parents, teachers, school administrators, assessment experts, | ||
regional superintendents of schools, state policy advocates, | ||
early childhood administrators, and other stakeholders, to | ||
review, on an ongoing basis, the content and design of the | ||
assessment, the collective results of the assessment as | ||
measured against kindergarten-readiness standards, and other | ||
issues involving the assessment as identified by the | ||
committee. |
The committee shall make periodic recommendations to the | ||
State Superintendent of Education and the General Assembly | ||
concerning the assessments. | ||
(f) The State Board may adopt rules to implement and | ||
administer this Section. | ||
(Source: P.A. 101-654, eff. 3-8-21; 102-635, eff. 11-30-21 | ||
(See Section 10 of P.A. 102-671 for effective date of P.A. | ||
102-209).) | ||
(105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71) | ||
Sec. 2-3.71. Grants for preschool educational programs. | ||
(a) Preschool program. | ||
(1) Through June 30, 2026, the The State Board of | ||
Education shall implement and administer a grant program | ||
under the provisions of this subsection which shall | ||
consist of grants to public school districts and other | ||
eligible entities, as defined by the State Board of | ||
Education, to conduct voluntary preschool educational | ||
programs for children ages 3 to 5 which include a parent | ||
education component. A public school district which | ||
receives grants under this subsection may subcontract with | ||
other entities that are eligible to conduct a preschool | ||
educational program. These grants must be used to | ||
supplement, not supplant, funds received from any other | ||
source. | ||
(1.5) On and after July 1, 2026, the Department of |
Early Childhood shall implement and administer a grant | ||
program for school districts and other eligible entities, | ||
as defined by the Department, to conduct voluntary | ||
preschool educational programs for children ages 3 to 5 | ||
which include a parent education component. A public | ||
school district which receives grants under this | ||
subsection may subcontract with other entities that are | ||
eligible to conduct a preschool educational program. These | ||
grants must be used to supplement, not supplant, funds | ||
received from any other source. | ||
(2) (Blank). | ||
(3) Except as otherwise provided under this subsection | ||
(a), any teacher of preschool children in the program | ||
authorized by this subsection shall hold a Professional | ||
Educator License with an early childhood education | ||
endorsement. | ||
(3.5) Beginning with the 2018-2019 school year and | ||
until the 2028-2029 school year, an individual may teach | ||
preschool children in an early childhood program under | ||
this Section if he or she holds a Professional Educator | ||
License with an early childhood education endorsement or | ||
with short-term approval for early childhood education or | ||
he or she pursues a Professional Educator License and | ||
holds any of the following: | ||
(A) An ECE Credential Level of 5 awarded by the | ||
Department of Human Services under the Gateways to |
Opportunity Program developed under Section 10-70 of | ||
the Department of Human Services Act. | ||
(B) An Educator License with Stipulations with a | ||
transitional bilingual educator endorsement and he or | ||
she has (i) passed an early childhood education | ||
content test or (ii) completed no less than 9 semester | ||
hours of postsecondary coursework in the area of early | ||
childhood education. | ||
(4) (Blank). | ||
(4.5) Through June 30, 2026, the State Board of | ||
Education shall provide the primary source of funding | ||
through appropriations for the program. On and after July | ||
1, 2026, the Department of Early Childhood shall provide | ||
the primary source of funding through appropriations for | ||
the program. The State Board of Education shall provide | ||
the primary source of funding through appropriations for | ||
the program. Such funds shall be distributed to achieve a | ||
goal of "Preschool for All Children" for the benefit of | ||
all children whose families choose to participate in the | ||
program. Based on available appropriations, newly funded | ||
programs shall be selected through a process giving first | ||
priority to qualified programs serving primarily at-risk | ||
children and second priority to qualified programs serving | ||
primarily children with a family income of less than 4 | ||
times the poverty guidelines updated periodically in the | ||
Federal Register by the U.S. Department of Health and |
Human Services under the authority of 42 U.S.C. 9902(2). | ||
For purposes of this paragraph (4.5), at-risk children are | ||
those who because of their home and community environment | ||
are subject to such language, cultural, economic and like | ||
disadvantages to cause them to have been determined as a | ||
result of screening procedures to be at risk of academic | ||
failure. Through June 30, 2026, such screening procedures | ||
shall be based on criteria established by the State Board | ||
of Education. On and after July 1, 2026, such screening | ||
procedures shall be based on criteria established by the | ||
Department of Early Childhood. Such screening procedures | ||
shall be based on criteria established by the State Board | ||
of Education. | ||
Except as otherwise provided in this paragraph (4.5), | ||
grantees under the program must enter into a memorandum of | ||
understanding with the appropriate local Head Start | ||
agency. This memorandum must be entered into no later than | ||
3 months after the award of a grantee's grant under the | ||
program, except that, in the case of the 2009-2010 program | ||
year, the memorandum must be entered into no later than | ||
the deadline set by the State Board of Education for | ||
applications to participate in the program in fiscal year | ||
2011, and must address collaboration between the grantee's | ||
program and the local Head Start agency on certain issues, | ||
which shall include without limitation the following: | ||
(A) educational activities, curricular objectives, |
and instruction; | ||
(B) public information dissemination and access to | ||
programs for families contacting programs; | ||
(C) service areas; | ||
(D) selection priorities for eligible children to | ||
be served by programs; | ||
(E) maximizing the impact of federal and State | ||
funding to benefit young children; | ||
(F) staff training, including opportunities for | ||
joint staff training; | ||
(G) technical assistance; | ||
(H) communication and parent outreach for smooth | ||
transitions to kindergarten; | ||
(I) provision and use of facilities, | ||
transportation, and other program elements; | ||
(J) facilitating each program's fulfillment of its | ||
statutory and regulatory requirements; | ||
(K) improving local planning and collaboration; | ||
and | ||
(L) providing comprehensive services for the | ||
neediest Illinois children and families. | ||
Through June 30, 2026, if If the appropriate local Head | ||
Start agency is unable or unwilling to enter into a | ||
memorandum of understanding as required under this | ||
paragraph (4.5), the memorandum of understanding | ||
requirement shall not apply and the grantee under the |
program must notify the State Board of Education in | ||
writing of the Head Start agency's inability or | ||
unwillingness. The State Board of Education shall compile | ||
all such written notices and make them available to the | ||
public. On and after July 1, 2026, if the appropriate | ||
local Head Start agency is unable or unwilling to enter | ||
into a memorandum of understanding as required under this | ||
paragraph (4.5), the memorandum of understanding | ||
requirement shall not apply and the grantee under the | ||
program must notify the Department of Early Childhood in | ||
writing of the Head Start agency's inability or | ||
unwillingness. The Department of Early Childhood shall | ||
compile all such written notices and make them available | ||
to the public. | ||
(5) Through June 30, 2026, the The State Board of | ||
Education shall develop and provide evaluation tools, | ||
including tests, that school districts and other eligible | ||
entities may use to evaluate children for school readiness | ||
prior to age 5. The State Board of Education shall require | ||
school districts and other eligible entities to obtain | ||
consent from the parents or guardians of children before | ||
any evaluations are conducted. The State Board of | ||
Education shall encourage local school districts and other | ||
eligible entities to evaluate the population of preschool | ||
children in their communities and provide preschool | ||
programs, pursuant to this subsection, where appropriate. |
(5.1) On and after July 1, 2026, the Department of | ||
Early Childhood shall develop and provide evaluation | ||
tools, including tests, that school districts and other | ||
eligible entities may use to evaluate children for school | ||
readiness prior to age 5. The Department of Early | ||
Childhood shall require school districts and other | ||
eligible entities to obtain consent from the parents or | ||
guardians of children before any evaluations are | ||
conducted. The Department of Early Childhood shall | ||
encourage local school districts and other eligible | ||
entities to evaluate the population of preschool children | ||
in their communities and provide preschool programs, | ||
pursuant to this subsection, where appropriate. | ||
(6) Through June 30, 2026, the The State Board of | ||
Education shall report to the General Assembly by November | ||
1, 2018 and every 2 years thereafter on the results and | ||
progress of students who were enrolled in preschool | ||
educational programs, including an assessment of which | ||
programs have been most successful in promoting academic | ||
excellence and alleviating academic failure. Through June | ||
30, 2026, the The State Board of Education shall assess | ||
the academic progress of all students who have been | ||
enrolled in preschool educational programs. | ||
Through fiscal year 2026, on On or before November 1 | ||
of each fiscal year in which the General Assembly provides | ||
funding for new programs under paragraph (4.5) of this |
Section, the State Board of Education shall report to the | ||
General Assembly on what percentage of new funding was | ||
provided to programs serving primarily at-risk children, | ||
what percentage of new funding was provided to programs | ||
serving primarily children with a family income of less | ||
than 4 times the federal poverty level, and what | ||
percentage of new funding was provided to other programs. | ||
(6.1) On and after July 1, 2026, the Department of | ||
Early Childhood shall report to the General Assembly by | ||
November 1, 2026 and every 2 years thereafter on the | ||
results and progress of students who were enrolled in | ||
preschool educational programs, including an assessment of | ||
which programs have been most successful in promoting | ||
academic excellence and alleviating academic failure. On | ||
and after July 1, 2026, the Department of Early Childhood | ||
shall assess the academic progress of all students who | ||
have been enrolled in preschool educational programs. | ||
Beginning in fiscal year 2027, on or before November 1 of | ||
each fiscal year in which the General Assembly provides | ||
funding for new programs under paragraph (4.5) of this | ||
Section, the Department of Early Childhood shall report to | ||
the General Assembly on what percentage of new funding was | ||
provided to programs serving primarily at-risk children, | ||
what percentage of new funding was provided to programs | ||
serving primarily children with a family income of less | ||
than 4 times the federal poverty level, and what |
percentage of new funding was provided to other programs. | ||
(7) Due to evidence that expulsion practices in the | ||
preschool years are linked to poor child outcomes and are | ||
employed inconsistently across racial and gender groups, | ||
early childhood programs receiving State funds under this | ||
subsection (a) shall prohibit expulsions. Planned | ||
transitions to settings that are able to better meet a | ||
child's needs are not considered expulsion under this | ||
paragraph (7). | ||
(A) When persistent and serious challenging | ||
behaviors emerge, the early childhood program shall | ||
document steps taken to ensure that the child can | ||
participate safely in the program; including | ||
observations of initial and ongoing challenging | ||
behaviors, strategies for remediation and intervention | ||
plans to address the behaviors, and communication with | ||
the parent or legal guardian, including participation | ||
of the parent or legal guardian in planning and | ||
decision-making. | ||
(B) The early childhood program shall, with | ||
parental or legal guardian consent as required, | ||
utilize a range of community resources, if available | ||
and deemed necessary, including, but not limited to, | ||
developmental screenings, referrals to programs and | ||
services administered by a local educational agency or | ||
early intervention agency under Parts B and C of the |
federal Individual with Disabilities Education Act, | ||
and consultation with infant and early childhood | ||
mental health consultants and the child's health care | ||
provider. The program shall document attempts to | ||
engage these resources, including parent or legal | ||
guardian participation and consent attempted and | ||
obtained. Communication with the parent or legal | ||
guardian shall take place in a culturally and | ||
linguistically competent manner. | ||
(C) If there is documented evidence that all | ||
available interventions and supports recommended by a | ||
qualified professional have been exhausted and the | ||
program determines in its professional judgment that | ||
transitioning a child to another program is necessary | ||
for the well-being of the child or his or her peers and | ||
staff, with parent or legal guardian permission, both | ||
the current and pending programs shall create a | ||
transition plan designed to ensure continuity of | ||
services and the comprehensive development of the | ||
child. Communication with families shall occur in a | ||
culturally and linguistically competent manner. | ||
(D) Nothing in this paragraph (7) shall preclude a | ||
parent's or legal guardian's right to voluntarily | ||
withdraw his or her child from an early childhood | ||
program. Early childhood programs shall request and | ||
keep on file, when received, a written statement from |
the parent or legal guardian stating the reason for | ||
his or her decision to withdraw his or her child. | ||
(E) In the case of the determination of a serious | ||
safety threat to a child or others or in the case of | ||
behaviors listed in subsection (d) of Section 10-22.6 | ||
of this Code, the temporary removal of a child from | ||
attendance in group settings may be used. Temporary | ||
removal of a child from attendance in a group setting | ||
shall trigger the process detailed in subparagraphs | ||
(A), (B), and (C) of this paragraph (7), with the child | ||
placed back in a group setting as quickly as possible. | ||
(F) Early childhood programs may utilize and the | ||
Department of Early Childhood, State Board of | ||
Education, the Department of Human Services, and the | ||
Department of Children and Family Services shall | ||
recommend training, technical support, and | ||
professional development resources to improve the | ||
ability of teachers, administrators, program | ||
directors, and other staff to promote social-emotional | ||
development and behavioral health, to address | ||
challenging behaviors, and to understand trauma and | ||
trauma-informed care, cultural competence, family | ||
engagement with diverse populations, the impact of | ||
implicit bias on adult behavior, and the use of | ||
reflective practice techniques. Support shall include | ||
the availability of resources to contract with infant |
and early childhood mental health consultants. | ||
(G) Through June 30, 2026 Beginning on July 1, | ||
2018 , early childhood programs shall annually report | ||
to the State Board of Education, and, beginning in | ||
fiscal year 2020, the State Board of Education shall | ||
make available on a biennial basis, in an existing | ||
report, all of the following data for children from | ||
birth to age 5 who are served by the program: | ||
(i) Total number served over the course of the | ||
program year and the total number of children who | ||
left the program during the program year. | ||
(ii) Number of planned transitions to another | ||
program due to children's behavior, by children's | ||
race, gender, disability, language, class/group | ||
size, teacher-child ratio, and length of program | ||
day. | ||
(iii) Number of temporary removals of a child | ||
from attendance in group settings due to a serious | ||
safety threat under subparagraph (E) of this | ||
paragraph (7), by children's race, gender, | ||
disability, language, class/group size, | ||
teacher-child ratio, and length of program day. | ||
(iv) Hours of infant and early childhood | ||
mental health consultant contact with program | ||
leaders, staff, and families over the program | ||
year. |
(G-5) On and after July 1, 2026, early childhood | ||
programs shall annually report to the Department of | ||
Early Childhood, and beginning in fiscal year 2028, | ||
the Department of Early Childhood shall make available | ||
on a biennial basis, in a report, all of the following | ||
data for children from birth to age 5 who are served by | ||
the program: | ||
(i) Total number served over the course of the | ||
program year and the total number of children who | ||
left the program during the program year. | ||
(ii) Number of planned transitions to another | ||
program due to children's behavior, by children's | ||
race, gender, disability, language, class/group | ||
size, teacher-child ratio, and length of program | ||
day. | ||
(iii) Number of temporary removals of a child | ||
from attendance in group settings due to a serious | ||
safety threat under subparagraph (E) of this | ||
paragraph (7), by children's race, gender, | ||
disability, language, class/group size, | ||
teacher-child ratio, and length of program day. | ||
(iv) Hours of infant and early childhood | ||
mental health consultant contact with program | ||
leaders, staff, and families over the program | ||
year. | ||
(H) Changes to services for children with an |
individualized education program or individual family | ||
service plan shall be construed in a manner consistent | ||
with the federal Individuals with Disabilities | ||
Education Act. | ||
The Department of Early Childhood State Board of | ||
Education , in consultation with the Governor's Office of | ||
Early Childhood Development and the Department of Children | ||
and Family Services, shall adopt rules to administer this | ||
paragraph (7). | ||
(b) (Blank). | ||
(c) Notwithstanding any other provisions of this Section, | ||
grantees may serve children ages 0 to 12 of essential workers | ||
if the Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act. For the purposes of this subsection, | ||
essential workers include those outlined in Executive Order | ||
20-8 and school employees. The State Board of Education shall | ||
adopt rules to administer this subsection. | ||
(d) Paragraphs (a)(1), (a)(1.5), (a)(4.5), (a)(5), | ||
(a)(5.1), (a)(6), (a)(6.1), and (a)(7) and subsection (c) of | ||
this Section are inoperative on and after July 1, 2026. | ||
(Source: P.A. 103-111, eff. 6-29-23.) | ||
(105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a) | ||
Sec. 2-3.71a. Grants for early childhood parental training | ||
programs. The State Board of Education shall implement and |
administer a grant program consisting of grants to public | ||
school districts and other eligible entities, as defined by | ||
the State Board of Education, to conduct early childhood | ||
parental training programs for the parents of children in the | ||
period of life from birth to kindergarten. A public school | ||
district that receives grants under this Section may contract | ||
with other eligible entities to conduct an early childhood | ||
parental training program. These grants must be used to | ||
supplement, not supplant, funds received from any other | ||
source. A school board or other eligible entity shall employ | ||
appropriately qualified personnel for its early childhood | ||
parental training program, including but not limited to | ||
certified teachers, counselors, psychiatrists, psychologists | ||
and social workers. | ||
(a) As used in this Section, "parental training" means and | ||
includes instruction in the following: | ||
(1) Child growth and development, including prenatal | ||
development. | ||
(2) Childbirth and child care. | ||
(3) Family structure, function and management. | ||
(4) Prenatal and postnatal care for mothers and | ||
infants. | ||
(5) Prevention of child abuse. | ||
(6) The physical, mental, emotional, social, economic | ||
and psychological aspects of interpersonal and family | ||
relationships. |
(7) Parenting skill development. | ||
The programs shall include activities that require | ||
substantial participation and interaction between parent and | ||
child. | ||
(b) The Board shall annually award funds through a grant | ||
approval process established by the State Board of Education, | ||
providing that an annual appropriation is made for this | ||
purpose from State, federal or private funds. Nothing in this | ||
Section shall preclude school districts from applying for or | ||
accepting private funds to establish and implement programs. | ||
(c) The State Board of Education shall assist those | ||
districts and other eligible entities offering early childhood | ||
parental training programs, upon request, in developing | ||
instructional materials, training teachers and staff, and | ||
establishing appropriate time allotments for each of the areas | ||
included in such instruction. | ||
(d) School districts and other eligible entities may offer | ||
early childhood parental training courses during that period | ||
of the day which is not part of the regular school day. | ||
Residents of the community may enroll in such courses. The | ||
school board or other eligible entity may establish fees and | ||
collect such charges as may be necessary for attendance at | ||
such courses in an amount not to exceed the per capita cost of | ||
the operation thereof, except that the board or other eligible | ||
entity may waive all or part of such charges if it determines | ||
that the parent is indigent or that the educational needs of |
the parent require his or her attendance at such courses. | ||
(e) Parents who participate in early childhood parental | ||
training programs under this Section may be eligible for | ||
reasonable reimbursement of any incidental transportation and | ||
child care expenses from the school district receiving funds | ||
pursuant to this Section. | ||
(f) Districts and other eligible entities receiving grants | ||
pursuant to this Section shall coordinate programs created | ||
under this Section with other preschool educational programs, | ||
including "at-risk" preschool programs, special and vocational | ||
education, and related services provided by other governmental | ||
agencies and not-for-profit agencies. | ||
(g) The State Board of Education shall report to the | ||
General Assembly by July 1, 1991, on the results of the | ||
programs funded pursuant to this Section and whether a need | ||
continues for such programs. | ||
(h) After July 1, 2006, any parental training services | ||
funded pursuant to this Section on the effective date of this | ||
amendatory Act of the 94th General Assembly shall continue to | ||
be funded pursuant to this Section, subject to appropriation | ||
and the meeting of program standards. Any additional parental | ||
training services must be funded, subject to appropriation, | ||
through preschool education grants pursuant to subdivision (4) | ||
of subsection (a) of Section 2-3.71 of this Code for families | ||
with children ages 3 to 5 and through prevention initiative | ||
grants pursuant to subsection (b) of Section 2-3.89 of this |
Code for expecting families and those with children from birth | ||
to 3 years of age. | ||
(i) Early childhood programs under this Section are | ||
subject to the requirements under paragraph (7) of subsection | ||
(a) of Section 2-3.71 of this Code. | ||
(j) This Section is repealed on July 1, 2026. | ||
(Source: P.A. 100-105, eff. 1-1-18 .) | ||
(105 ILCS 5/2-3.79) (from Ch. 122, par. 2-3.79) | ||
Sec. 2-3.79. Pilot programs and special education services | ||
for preschool children with disabilities from birth to age 3. | ||
The State Board of Education may enter into contracts with | ||
public or not-for-profit private organizations or agencies to | ||
establish model pilot programs which provide services to | ||
children with disabilities from birth up to the age of 3 years. | ||
Annual grants shall be awarded on a competitive basis pursuant | ||
to established criteria provided that there is an annual | ||
appropriation for this purpose. Public or not-for-profit | ||
private organizations or agencies that are providing services | ||
to children with disabilities up to the age of 3 years prior to | ||
September 22, 1985 are eligible to receive grants awarded | ||
pursuant to this Section. | ||
Each pilot program shall include, but not be limited to: a | ||
process for identification of infants with disabilities in the | ||
region; community awareness of the project and the services | ||
provided; an intervention system; methods to assess and |
diagnose infants with disabilities; written individual | ||
treatment programs that include parental involvement; an | ||
interdisciplinary treatment approach to include other agencies | ||
and not-for-profit organizations; and a written evaluation | ||
submitted to the State Board of Education at the end of the | ||
grant period. | ||
An Interagency Coordination Council shall be established | ||
consisting of a representative of the State Superintendent of | ||
Education who shall serve as chairman, and one representative | ||
from the following departments appointed by the respective | ||
directors or secretary: Children and Family Services, Public | ||
Health, Human Services, Public Aid, and the Division of | ||
Specialized Care for Children of the University of Illinois. | ||
The council shall recommend criteria to the State Board of | ||
Education for the awarding of grants pursuant to this Section | ||
and shall assist in coordinating the services provided by | ||
agencies to the children with disabilities described in this | ||
Section. | ||
A report containing recommendations concerning all of the | ||
pilot programs shall be submitted by the State Board of | ||
Education to the General Assembly by January of 1989. The | ||
report which shall analyze the results of the pilot programs | ||
funded under this Section and make recommendations concerning | ||
existing and proposed programs shall include, but not be | ||
limited to: recommendations for staff licensure and | ||
qualifications; the number of children and families eligible |
for services statewide; the cost of serving the children and | ||
their families; the types of services to be provided; and | ||
designs for the most effective delivery systems of these | ||
services. | ||
This Section is repealed on July 1, 2026. | ||
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.) | ||
(105 ILCS 5/2-3.89) (from Ch. 122, par. 2-3.89) | ||
Sec. 2-3.89. Programs concerning services to at-risk | ||
children and their families. | ||
(a) The State Board of Education may provide grants to | ||
eligible entities, as defined by the State Board of Education, | ||
to establish programs which offer coordinated services to | ||
at-risk infants and toddlers and their families. Each program | ||
shall include a parent education program relating to the | ||
development and nurturing of infants and toddlers and case | ||
management services to coordinate existing services available | ||
in the region served by the program. These services shall be | ||
provided through the implementation of an individual family | ||
service plan. Each program will have a community involvement | ||
component to provide coordination in the service system. | ||
(b) The State Board of Education shall administer the | ||
programs through the grants to public school districts and | ||
other eligible entities. These grants must be used to | ||
supplement, not supplant, funds received from any other | ||
source. School districts and other eligible entities receiving |
grants pursuant to this Section shall conduct voluntary, | ||
intensive, research-based, and comprehensive prevention | ||
services, as defined by the State Board of Education, for | ||
expecting parents and families with children from birth to age | ||
3 who are at-risk of academic failure. A public school | ||
district that receives a grant under this Section may | ||
subcontract with other eligible entities. | ||
(c) The State Board of Education shall report to the | ||
General Assembly by July 1, 2006 and every 2 years thereafter, | ||
using the most current data available, on the status of | ||
programs funded under this Section, including without | ||
limitation characteristics of participants, services | ||
delivered, program models used, unmet needs, and results of | ||
the programs funded. | ||
(d) This Section is repealed on July 1, 2026. | ||
(Source: P.A. 96-734, eff. 8-25-09.) | ||
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | ||
(Text of Section before amendment by P.A. 102-466 ) | ||
Sec. 10-22.6. Suspension or expulsion of pupils; school | ||
searches. | ||
(a) To expel pupils guilty of gross disobedience or | ||
misconduct, including gross disobedience or misconduct | ||
perpetuated by electronic means, pursuant to subsection (b-20) | ||
of this Section, and no action shall lie against them for such | ||
expulsion. Expulsion shall take place only after the parents |
have been requested to appear at a meeting of the board, or | ||
with a hearing officer appointed by it, to discuss their | ||
child's behavior. Such request shall be made by registered or | ||
certified mail and shall state the time, place and purpose of | ||
the meeting. The board, or a hearing officer appointed by it, | ||
at such meeting shall state the reasons for dismissal and the | ||
date on which the expulsion is to become effective. If a | ||
hearing officer is appointed by the board, he shall report to | ||
the board a written summary of the evidence heard at the | ||
meeting and the board may take such action thereon as it finds | ||
appropriate. If the board acts to expel a pupil, the written | ||
expulsion decision shall detail the specific reasons why | ||
removing the pupil from the learning environment is in the | ||
best interest of the school. The expulsion decision shall also | ||
include a rationale as to the specific duration of the | ||
expulsion. An expelled pupil may be immediately transferred to | ||
an alternative program in the manner provided in Article 13A | ||
or 13B of this Code. A pupil must not be denied transfer | ||
because of the expulsion, except in cases in which such | ||
transfer is deemed to cause a threat to the safety of students | ||
or staff in the alternative program. | ||
(b) To suspend or by policy to authorize the | ||
superintendent of the district or the principal, assistant | ||
principal, or dean of students of any school to suspend pupils | ||
guilty of gross disobedience or misconduct, or to suspend | ||
pupils guilty of gross disobedience or misconduct on the |
school bus from riding the school bus, pursuant to subsections | ||
(b-15) and (b-20) of this Section, and no action shall lie | ||
against them for such suspension. The board may by policy | ||
authorize the superintendent of the district or the principal, | ||
assistant principal, or dean of students of any school to | ||
suspend pupils guilty of such acts for a period not to exceed | ||
10 school days. If a pupil is suspended due to gross | ||
disobedience or misconduct on a school bus, the board may | ||
suspend the pupil in excess of 10 school days for safety | ||
reasons. | ||
Any suspension shall be reported immediately to the | ||
parents or guardian of a pupil along with a full statement of | ||
the reasons for such suspension and a notice of their right to | ||
a review. The school board must be given a summary of the | ||
notice, including the reason for the suspension and the | ||
suspension length. Upon request of the parents or guardian, | ||
the school board or a hearing officer appointed by it shall | ||
review such action of the superintendent or principal, | ||
assistant principal, or dean of students. At such review, the | ||
parents or guardian of the pupil may appear and discuss the | ||
suspension with the board or its hearing officer. If a hearing | ||
officer is appointed by the board, he shall report to the board | ||
a written summary of the evidence heard at the meeting. After | ||
its hearing or upon receipt of the written report of its | ||
hearing officer, the board may take such action as it finds | ||
appropriate. If a student is suspended pursuant to this |
subsection (b), the board shall, in the written suspension | ||
decision, detail the specific act of gross disobedience or | ||
misconduct resulting in the decision to suspend. The | ||
suspension decision shall also include a rationale as to the | ||
specific duration of the suspension. A pupil who is suspended | ||
in excess of 20 school days may be immediately transferred to | ||
an alternative program in the manner provided in Article 13A | ||
or 13B of this Code. A pupil must not be denied transfer | ||
because of the suspension, except in cases in which such | ||
transfer is deemed to cause a threat to the safety of students | ||
or staff in the alternative program. | ||
(b-5) Among the many possible disciplinary interventions | ||
and consequences available to school officials, school | ||
exclusions, such as out-of-school suspensions and expulsions, | ||
are the most serious. School officials shall limit the number | ||
and duration of expulsions and suspensions to the greatest | ||
extent practicable, and it is recommended that they use them | ||
only for legitimate educational purposes. To ensure that | ||
students are not excluded from school unnecessarily, it is | ||
recommended that school officials consider forms of | ||
non-exclusionary discipline prior to using out-of-school | ||
suspensions or expulsions. | ||
(b-10) Unless otherwise required by federal law or this | ||
Code, school boards may not institute zero-tolerance policies | ||
by which school administrators are required to suspend or | ||
expel students for particular behaviors. |
(b-15) Out-of-school suspensions of 3 days or less may be | ||
used only if the student's continuing presence in school would | ||
pose a threat to school safety or a disruption to other | ||
students' learning opportunities. For purposes of this | ||
subsection (b-15), "threat to school safety or a disruption to | ||
other students' learning opportunities" shall be determined on | ||
a case-by-case basis by the school board or its designee. | ||
School officials shall make all reasonable efforts to resolve | ||
such threats, address such disruptions, and minimize the | ||
length of suspensions to the greatest extent practicable. | ||
(b-20) Unless otherwise required by this Code, | ||
out-of-school suspensions of longer than 3 days, expulsions, | ||
and disciplinary removals to alternative schools may be used | ||
only if other appropriate and available behavioral and | ||
disciplinary interventions have been exhausted and the | ||
student's continuing presence in school would either (i) pose | ||
a threat to the safety of other students, staff, or members of | ||
the school community or (ii) substantially disrupt, impede, or | ||
interfere with the operation of the school. For purposes of | ||
this subsection (b-20), "threat to the safety of other | ||
students, staff, or members of the school community" and | ||
"substantially disrupt, impede, or interfere with the | ||
operation of the school" shall be determined on a case-by-case | ||
basis by school officials. For purposes of this subsection | ||
(b-20), the determination of whether "appropriate and | ||
available behavioral and disciplinary interventions have been |
exhausted" shall be made by school officials. School officials | ||
shall make all reasonable efforts to resolve such threats, | ||
address such disruptions, and minimize the length of student | ||
exclusions to the greatest extent practicable. Within the | ||
suspension decision described in subsection (b) of this | ||
Section or the expulsion decision described in subsection (a) | ||
of this Section, it shall be documented whether other | ||
interventions were attempted or whether it was determined that | ||
there were no other appropriate and available interventions. | ||
(b-25) Students who are suspended out-of-school for longer | ||
than 4 school days shall be provided appropriate and available | ||
support services during the period of their suspension. For | ||
purposes of this subsection (b-25), "appropriate and available | ||
support services" shall be determined by school authorities. | ||
Within the suspension decision described in subsection (b) of | ||
this Section, it shall be documented whether such services are | ||
to be provided or whether it was determined that there are no | ||
such appropriate and available services. | ||
A school district may refer students who are expelled to | ||
appropriate and available support services. | ||
A school district shall create a policy to facilitate the | ||
re-engagement of students who are suspended out-of-school, | ||
expelled, or returning from an alternative school setting. | ||
(b-30) A school district shall create a policy by which | ||
suspended pupils, including those pupils suspended from the | ||
school bus who do not have alternate transportation to school, |
shall have the opportunity to make up work for equivalent | ||
academic credit. It shall be the responsibility of a pupil's | ||
parent or guardian to notify school officials that a pupil | ||
suspended from the school bus does not have alternate | ||
transportation to school. | ||
(c) A school board must invite a representative from a | ||
local mental health agency to consult with the board at the | ||
meeting whenever there is evidence that mental illness may be | ||
the cause of a student's expulsion or suspension. | ||
(c-5) School districts shall make reasonable efforts to | ||
provide ongoing professional development to teachers, | ||
administrators, school board members, school resource | ||
officers, and staff on the adverse consequences of school | ||
exclusion and justice-system involvement, effective classroom | ||
management strategies, culturally responsive discipline, the | ||
appropriate and available supportive services for the | ||
promotion of student attendance and engagement, and | ||
developmentally appropriate disciplinary methods that promote | ||
positive and healthy school climates. | ||
(d) The board may expel a student for a definite period of | ||
time not to exceed 2 calendar years, as determined on a | ||
case-by-case basis. A student who is determined to have | ||
brought one of the following objects to school, any | ||
school-sponsored activity or event, or any activity or event | ||
that bears a reasonable relationship to school shall be | ||
expelled for a period of not less than one year: |
(1) A firearm. For the purposes of this Section, | ||
"firearm" means any gun, rifle, shotgun, weapon as defined | ||
by Section 921 of Title 18 of the United States Code, | ||
firearm as defined in Section 1.1 of the Firearm Owners | ||
Identification Card Act, or firearm as defined in Section | ||
24-1 of the Criminal Code of 2012. The expulsion period | ||
under this subdivision (1) may be modified by the | ||
superintendent, and the superintendent's determination may | ||
be modified by the board on a case-by-case basis. | ||
(2) A knife, brass knuckles or other knuckle weapon | ||
regardless of its composition, a billy club, or any other | ||
object if used or attempted to be used to cause bodily | ||
harm, including "look alikes" of any firearm as defined in | ||
subdivision (1) of this subsection (d). The expulsion | ||
requirement under this subdivision (2) may be modified by | ||
the superintendent, and the superintendent's determination | ||
may be modified by the board on a case-by-case basis. | ||
Expulsion or suspension shall be construed in a manner | ||
consistent with the federal Individuals with Disabilities | ||
Education Act. A student who is subject to suspension or | ||
expulsion as provided in this Section may be eligible for a | ||
transfer to an alternative school program in accordance with | ||
Article 13A of the School Code. | ||
(d-5) The board may suspend or by regulation authorize the | ||
superintendent of the district or the principal, assistant | ||
principal, or dean of students of any school to suspend a |
student for a period not to exceed 10 school days or may expel | ||
a student for a definite period of time not to exceed 2 | ||
calendar years, as determined on a case-by-case basis, if (i) | ||
that student has been determined to have made an explicit | ||
threat on an Internet website against a school employee, a | ||
student, or any school-related personnel, (ii) the Internet | ||
website through which the threat was made is a site that was | ||
accessible within the school at the time the threat was made or | ||
was available to third parties who worked or studied within | ||
the school grounds at the time the threat was made, and (iii) | ||
the threat could be reasonably interpreted as threatening to | ||
the safety and security of the threatened individual because | ||
of his or her duties or employment status or status as a | ||
student inside the school. | ||
(e) To maintain order and security in the schools, school | ||
authorities may inspect and search places and areas such as | ||
lockers, desks, parking lots, and other school property and | ||
equipment owned or controlled by the school, as well as | ||
personal effects left in those places and areas by students, | ||
without notice to or the consent of the student, and without a | ||
search warrant. As a matter of public policy, the General | ||
Assembly finds that students have no reasonable expectation of | ||
privacy in these places and areas or in their personal effects | ||
left in these places and areas. School authorities may request | ||
the assistance of law enforcement officials for the purpose of | ||
conducting inspections and searches of lockers, desks, parking |
lots, and other school property and equipment owned or | ||
controlled by the school for illegal drugs, weapons, or other | ||
illegal or dangerous substances or materials, including | ||
searches conducted through the use of specially trained dogs. | ||
If a search conducted in accordance with this Section produces | ||
evidence that the student has violated or is violating either | ||
the law, local ordinance, or the school's policies or rules, | ||
such evidence may be seized by school authorities, and | ||
disciplinary action may be taken. School authorities may also | ||
turn over such evidence to law enforcement authorities. | ||
(f) Suspension or expulsion may include suspension or | ||
expulsion from school and all school activities and a | ||
prohibition from being present on school grounds. | ||
(g) A school district may adopt a policy providing that if | ||
a student is suspended or expelled for any reason from any | ||
public or private school in this or any other state, the | ||
student must complete the entire term of the suspension or | ||
expulsion in an alternative school program under Article 13A | ||
of this Code or an alternative learning opportunities program | ||
under Article 13B of this Code before being admitted into the | ||
school district if there is no threat to the safety of students | ||
or staff in the alternative program. | ||
(h) School officials shall not advise or encourage | ||
students to drop out voluntarily due to behavioral or academic | ||
difficulties. | ||
(i) A student may not be issued a monetary fine or fee as a |
disciplinary consequence, though this shall not preclude | ||
requiring a student to provide restitution for lost, stolen, | ||
or damaged property. | ||
(j) Subsections (a) through (i) of this Section shall | ||
apply to elementary and secondary schools, charter schools, | ||
special charter districts, and school districts organized | ||
under Article 34 of this Code. | ||
(k) The expulsion of children enrolled in programs funded | ||
under Section 1C-2 of this Code is subject to the requirements | ||
under paragraph (7) of subsection (a) of Section 2-3.71 of | ||
this Code. | ||
(l) Beginning with the 2018-2019 school year, an in-school | ||
suspension program provided by a school district for any | ||
students in kindergarten through grade 12 may focus on | ||
promoting non-violent conflict resolution and positive | ||
interaction with other students and school personnel. A school | ||
district may employ a school social worker or a licensed | ||
mental health professional to oversee an in-school suspension | ||
program in kindergarten through grade 12. | ||
(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; | ||
102-813, eff. 5-13-22.) | ||
(Text of Section after amendment by P.A. 102-466 ) | ||
Sec. 10-22.6. Suspension or expulsion of pupils; school | ||
searches. | ||
(a) To expel pupils guilty of gross disobedience or |
misconduct, including gross disobedience or misconduct | ||
perpetuated by electronic means, pursuant to subsection (b-20) | ||
of this Section, and no action shall lie against them for such | ||
expulsion. Expulsion shall take place only after the parents | ||
or guardians have been requested to appear at a meeting of the | ||
board, or with a hearing officer appointed by it, to discuss | ||
their child's behavior. Such request shall be made by | ||
registered or certified mail and shall state the time, place | ||
and purpose of the meeting. The board, or a hearing officer | ||
appointed by it, at such meeting shall state the reasons for | ||
dismissal and the date on which the expulsion is to become | ||
effective. If a hearing officer is appointed by the board, he | ||
shall report to the board a written summary of the evidence | ||
heard at the meeting and the board may take such action thereon | ||
as it finds appropriate. If the board acts to expel a pupil, | ||
the written expulsion decision shall detail the specific | ||
reasons why removing the pupil from the learning environment | ||
is in the best interest of the school. The expulsion decision | ||
shall also include a rationale as to the specific duration of | ||
the expulsion. An expelled pupil may be immediately | ||
transferred to an alternative program in the manner provided | ||
in Article 13A or 13B of this Code. A pupil must not be denied | ||
transfer because of the expulsion, except in cases in which | ||
such transfer is deemed to cause a threat to the safety of | ||
students or staff in the alternative program. | ||
(b) To suspend or by policy to authorize the |
superintendent of the district or the principal, assistant | ||
principal, or dean of students of any school to suspend pupils | ||
guilty of gross disobedience or misconduct, or to suspend | ||
pupils guilty of gross disobedience or misconduct on the | ||
school bus from riding the school bus, pursuant to subsections | ||
(b-15) and (b-20) of this Section, and no action shall lie | ||
against them for such suspension. The board may by policy | ||
authorize the superintendent of the district or the principal, | ||
assistant principal, or dean of students of any school to | ||
suspend pupils guilty of such acts for a period not to exceed | ||
10 school days. If a pupil is suspended due to gross | ||
disobedience or misconduct on a school bus, the board may | ||
suspend the pupil in excess of 10 school days for safety | ||
reasons. | ||
Any suspension shall be reported immediately to the | ||
parents or guardians of a pupil along with a full statement of | ||
the reasons for such suspension and a notice of their right to | ||
a review. The school board must be given a summary of the | ||
notice, including the reason for the suspension and the | ||
suspension length. Upon request of the parents or guardians, | ||
the school board or a hearing officer appointed by it shall | ||
review such action of the superintendent or principal, | ||
assistant principal, or dean of students. At such review, the | ||
parents or guardians of the pupil may appear and discuss the | ||
suspension with the board or its hearing officer. If a hearing | ||
officer is appointed by the board, he shall report to the board |
a written summary of the evidence heard at the meeting. After | ||
its hearing or upon receipt of the written report of its | ||
hearing officer, the board may take such action as it finds | ||
appropriate. If a student is suspended pursuant to this | ||
subsection (b), the board shall, in the written suspension | ||
decision, detail the specific act of gross disobedience or | ||
misconduct resulting in the decision to suspend. The | ||
suspension decision shall also include a rationale as to the | ||
specific duration of the suspension. A pupil who is suspended | ||
in excess of 20 school days may be immediately transferred to | ||
an alternative program in the manner provided in Article 13A | ||
or 13B of this Code. A pupil must not be denied transfer | ||
because of the suspension, except in cases in which such | ||
transfer is deemed to cause a threat to the safety of students | ||
or staff in the alternative program. | ||
(b-5) Among the many possible disciplinary interventions | ||
and consequences available to school officials, school | ||
exclusions, such as out-of-school suspensions and expulsions, | ||
are the most serious. School officials shall limit the number | ||
and duration of expulsions and suspensions to the greatest | ||
extent practicable, and it is recommended that they use them | ||
only for legitimate educational purposes. To ensure that | ||
students are not excluded from school unnecessarily, it is | ||
recommended that school officials consider forms of | ||
non-exclusionary discipline prior to using out-of-school | ||
suspensions or expulsions. |
(b-10) Unless otherwise required by federal law or this | ||
Code, school boards may not institute zero-tolerance policies | ||
by which school administrators are required to suspend or | ||
expel students for particular behaviors. | ||
(b-15) Out-of-school suspensions of 3 days or less may be | ||
used only if the student's continuing presence in school would | ||
pose a threat to school safety or a disruption to other | ||
students' learning opportunities. For purposes of this | ||
subsection (b-15), "threat to school safety or a disruption to | ||
other students' learning opportunities" shall be determined on | ||
a case-by-case basis by the school board or its designee. | ||
School officials shall make all reasonable efforts to resolve | ||
such threats, address such disruptions, and minimize the | ||
length of suspensions to the greatest extent practicable. | ||
(b-20) Unless otherwise required by this Code, | ||
out-of-school suspensions of longer than 3 days, expulsions, | ||
and disciplinary removals to alternative schools may be used | ||
only if other appropriate and available behavioral and | ||
disciplinary interventions have been exhausted and the | ||
student's continuing presence in school would either (i) pose | ||
a threat to the safety of other students, staff, or members of | ||
the school community or (ii) substantially disrupt, impede, or | ||
interfere with the operation of the school. For purposes of | ||
this subsection (b-20), "threat to the safety of other | ||
students, staff, or members of the school community" and | ||
"substantially disrupt, impede, or interfere with the |
operation of the school" shall be determined on a case-by-case | ||
basis by school officials. For purposes of this subsection | ||
(b-20), the determination of whether "appropriate and | ||
available behavioral and disciplinary interventions have been | ||
exhausted" shall be made by school officials. School officials | ||
shall make all reasonable efforts to resolve such threats, | ||
address such disruptions, and minimize the length of student | ||
exclusions to the greatest extent practicable. Within the | ||
suspension decision described in subsection (b) of this | ||
Section or the expulsion decision described in subsection (a) | ||
of this Section, it shall be documented whether other | ||
interventions were attempted or whether it was determined that | ||
there were no other appropriate and available interventions. | ||
(b-25) Students who are suspended out-of-school for longer | ||
than 4 school days shall be provided appropriate and available | ||
support services during the period of their suspension. For | ||
purposes of this subsection (b-25), "appropriate and available | ||
support services" shall be determined by school authorities. | ||
Within the suspension decision described in subsection (b) of | ||
this Section, it shall be documented whether such services are | ||
to be provided or whether it was determined that there are no | ||
such appropriate and available services. | ||
A school district may refer students who are expelled to | ||
appropriate and available support services. | ||
A school district shall create a policy to facilitate the | ||
re-engagement of students who are suspended out-of-school, |
expelled, or returning from an alternative school setting. | ||
(b-30) A school district shall create a policy by which | ||
suspended pupils, including those pupils suspended from the | ||
school bus who do not have alternate transportation to school, | ||
shall have the opportunity to make up work for equivalent | ||
academic credit. It shall be the responsibility of a pupil's | ||
parents or guardians to notify school officials that a pupil | ||
suspended from the school bus does not have alternate | ||
transportation to school. | ||
(b-35) In all suspension review hearings conducted under | ||
subsection (b) or expulsion hearings conducted under | ||
subsection (a), a student may disclose any factor to be | ||
considered in mitigation, including his or her status as a | ||
parent, expectant parent, or victim of domestic or sexual | ||
violence, as defined in Article 26A. A representative of the | ||
parent's or guardian's choice, or of the student's choice if | ||
emancipated, must be permitted to represent the student | ||
throughout the proceedings and to address the school board or | ||
its appointed hearing officer. With the approval of the | ||
student's parent or guardian, or of the student if | ||
emancipated, a support person must be permitted to accompany | ||
the student to any disciplinary hearings or proceedings. The | ||
representative or support person must comply with any rules of | ||
the school district's hearing process. If the representative | ||
or support person violates the rules or engages in behavior or | ||
advocacy that harasses, abuses, or intimidates either party, a |
witness, or anyone else in attendance at the hearing, the | ||
representative or support person may be prohibited from | ||
further participation in the hearing or proceeding. A | ||
suspension or expulsion proceeding under this subsection | ||
(b-35) must be conducted independently from any ongoing | ||
criminal investigation or proceeding, and an absence of | ||
pending or possible criminal charges, criminal investigations, | ||
or proceedings may not be a factor in school disciplinary | ||
decisions. | ||
(b-40) During a suspension review hearing conducted under | ||
subsection (b) or an expulsion hearing conducted under | ||
subsection (a) that involves allegations of sexual violence by | ||
the student who is subject to discipline, neither the student | ||
nor his or her representative shall directly question nor have | ||
direct contact with the alleged victim. The student who is | ||
subject to discipline or his or her representative may, at the | ||
discretion and direction of the school board or its appointed | ||
hearing officer, suggest questions to be posed by the school | ||
board or its appointed hearing officer to the alleged victim. | ||
(c) A school board must invite a representative from a | ||
local mental health agency to consult with the board at the | ||
meeting whenever there is evidence that mental illness may be | ||
the cause of a student's expulsion or suspension. | ||
(c-5) School districts shall make reasonable efforts to | ||
provide ongoing professional development to teachers, | ||
administrators, school board members, school resource |
officers, and staff on the adverse consequences of school | ||
exclusion and justice-system involvement, effective classroom | ||
management strategies, culturally responsive discipline, the | ||
appropriate and available supportive services for the | ||
promotion of student attendance and engagement, and | ||
developmentally appropriate disciplinary methods that promote | ||
positive and healthy school climates. | ||
(d) The board may expel a student for a definite period of | ||
time not to exceed 2 calendar years, as determined on a | ||
case-by-case basis. A student who is determined to have | ||
brought one of the following objects to school, any | ||
school-sponsored activity or event, or any activity or event | ||
that bears a reasonable relationship to school shall be | ||
expelled for a period of not less than one year: | ||
(1) A firearm. For the purposes of this Section, | ||
"firearm" means any gun, rifle, shotgun, weapon as defined | ||
by Section 921 of Title 18 of the United States Code, | ||
firearm as defined in Section 1.1 of the Firearm Owners | ||
Identification Card Act, or firearm as defined in Section | ||
24-1 of the Criminal Code of 2012. The expulsion period | ||
under this subdivision (1) may be modified by the | ||
superintendent, and the superintendent's determination may | ||
be modified by the board on a case-by-case basis. | ||
(2) A knife, brass knuckles or other knuckle weapon | ||
regardless of its composition, a billy club, or any other | ||
object if used or attempted to be used to cause bodily |
harm, including "look alikes" of any firearm as defined in | ||
subdivision (1) of this subsection (d). The expulsion | ||
requirement under this subdivision (2) may be modified by | ||
the superintendent, and the superintendent's determination | ||
may be modified by the board on a case-by-case basis. | ||
Expulsion or suspension shall be construed in a manner | ||
consistent with the federal Individuals with Disabilities | ||
Education Act. A student who is subject to suspension or | ||
expulsion as provided in this Section may be eligible for a | ||
transfer to an alternative school program in accordance with | ||
Article 13A of the School Code. | ||
(d-5) The board may suspend or by regulation authorize the | ||
superintendent of the district or the principal, assistant | ||
principal, or dean of students of any school to suspend a | ||
student for a period not to exceed 10 school days or may expel | ||
a student for a definite period of time not to exceed 2 | ||
calendar years, as determined on a case-by-case basis, if (i) | ||
that student has been determined to have made an explicit | ||
threat on an Internet website against a school employee, a | ||
student, or any school-related personnel, (ii) the Internet | ||
website through which the threat was made is a site that was | ||
accessible within the school at the time the threat was made or | ||
was available to third parties who worked or studied within | ||
the school grounds at the time the threat was made, and (iii) | ||
the threat could be reasonably interpreted as threatening to | ||
the safety and security of the threatened individual because |
of his or her duties or employment status or status as a | ||
student inside the school. | ||
(e) To maintain order and security in the schools, school | ||
authorities may inspect and search places and areas such as | ||
lockers, desks, parking lots, and other school property and | ||
equipment owned or controlled by the school, as well as | ||
personal effects left in those places and areas by students, | ||
without notice to or the consent of the student, and without a | ||
search warrant. As a matter of public policy, the General | ||
Assembly finds that students have no reasonable expectation of | ||
privacy in these places and areas or in their personal effects | ||
left in these places and areas. School authorities may request | ||
the assistance of law enforcement officials for the purpose of | ||
conducting inspections and searches of lockers, desks, parking | ||
lots, and other school property and equipment owned or | ||
controlled by the school for illegal drugs, weapons, or other | ||
illegal or dangerous substances or materials, including | ||
searches conducted through the use of specially trained dogs. | ||
If a search conducted in accordance with this Section produces | ||
evidence that the student has violated or is violating either | ||
the law, local ordinance, or the school's policies or rules, | ||
such evidence may be seized by school authorities, and | ||
disciplinary action may be taken. School authorities may also | ||
turn over such evidence to law enforcement authorities. | ||
(f) Suspension or expulsion may include suspension or | ||
expulsion from school and all school activities and a |
prohibition from being present on school grounds. | ||
(g) A school district may adopt a policy providing that if | ||
a student is suspended or expelled for any reason from any | ||
public or private school in this or any other state, the | ||
student must complete the entire term of the suspension or | ||
expulsion in an alternative school program under Article 13A | ||
of this Code or an alternative learning opportunities program | ||
under Article 13B of this Code before being admitted into the | ||
school district if there is no threat to the safety of students | ||
or staff in the alternative program. A school district that | ||
adopts a policy under this subsection (g) must include a | ||
provision allowing for consideration of any mitigating | ||
factors, including, but not limited to, a student's status as | ||
a parent, expectant parent, or victim of domestic or sexual | ||
violence, as defined in Article 26A. | ||
(h) School officials shall not advise or encourage | ||
students to drop out voluntarily due to behavioral or academic | ||
difficulties. | ||
(i) A student may not be issued a monetary fine or fee as a | ||
disciplinary consequence, though this shall not preclude | ||
requiring a student to provide restitution for lost, stolen, | ||
or damaged property. | ||
(j) Subsections (a) through (i) of this Section shall | ||
apply to elementary and secondary schools, charter schools, | ||
special charter districts, and school districts organized | ||
under Article 34 of this Code. |
(k) Through June 30, 2026, the The expulsion of children | ||
enrolled in programs funded under Section 1C-2 of this Code is | ||
subject to the requirements under paragraph (7) of subsection | ||
(a) of Section 2-3.71 of this Code. | ||
(k-5) On and after July 1, 2026, the expulsion of children | ||
enrolled in programs funded under Section 15-25 of the | ||
Department of Early Childhood Act is subject to the | ||
requirements of paragraph (7) of subsection (a) of Section | ||
15-30 of the Department of Early Childhood Act. | ||
(l) Beginning with the 2018-2019 school year, an in-school | ||
suspension program provided by a school district for any | ||
students in kindergarten through grade 12 may focus on | ||
promoting non-violent conflict resolution and positive | ||
interaction with other students and school personnel. A school | ||
district may employ a school social worker or a licensed | ||
mental health professional to oversee an in-school suspension | ||
program in kindergarten through grade 12. | ||
(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | ||
102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||
(105 ILCS 5/21B-50) | ||
Sec. 21B-50. Alternative Educator Licensure Program for | ||
Teachers . | ||
(a) There is established an alternative educator licensure | ||
program, to be known as the Alternative Educator Licensure | ||
Program for Teachers. |
(b) The Alternative Educator Licensure Program for | ||
Teachers may be offered by a recognized institution approved | ||
to offer educator preparation programs by the State Board of | ||
Education, in consultation with the State Educator Preparation | ||
and Licensure Board. | ||
The program shall be comprised of up to 3 phases: | ||
(1) A course of study that at a minimum includes | ||
instructional planning; instructional strategies, | ||
including special education, reading, and English language | ||
learning; classroom management; and the assessment of | ||
students and use of data to drive instruction. | ||
(2) A year of residency, which is a candidate's | ||
assignment to a full-time teaching position or as a | ||
co-teacher for one full school year. An individual must | ||
hold an Educator License with Stipulations with an | ||
alternative provisional educator endorsement in order to | ||
enter the residency. In residency, the candidate must : be | ||
assigned an effective, fully licensed teacher by the | ||
principal or principal equivalent to act as a mentor and | ||
coach the candidate through residency, complete additional | ||
program requirements that address required State and | ||
national standards, pass the State Board's teacher | ||
performance assessment, if required under Section 21B-30, | ||
and be recommended by the principal or qualified | ||
equivalent of a principal, as required under subsection | ||
(d) of this Section, and the program coordinator to be |
recommended for full licensure or to continue with a | ||
second year of the residency. | ||
(3) (Blank). | ||
(4) A comprehensive assessment of the candidate's | ||
teaching effectiveness, as evaluated by the principal or | ||
qualified equivalent of a principal, as required under | ||
subsection (d) of this Section, and the program | ||
coordinator, at the end of either the first or the second | ||
year of residency. If there is disagreement between the 2 | ||
evaluators about the candidate's teaching effectiveness at | ||
the end of the first year of residency, a second year of | ||
residency shall be required. If there is disagreement | ||
between the 2 evaluators at the end of the second year of | ||
residency, the candidate may complete one additional year | ||
of residency teaching under a professional development | ||
plan developed by the principal or qualified equivalent | ||
and the preparation program. At the completion of the | ||
third year, a candidate must have positive evaluations and | ||
a recommendation for full licensure from both the | ||
principal or qualified equivalent and the program | ||
coordinator or no Professional Educator License shall be | ||
issued. | ||
Successful completion of the program shall be deemed to | ||
satisfy any other practice or student teaching and content | ||
matter requirements established by law. | ||
(c) An alternative provisional educator endorsement on an |
Educator License with Stipulations is valid for up to 2 years | ||
of teaching in the public schools, including without | ||
limitation a preschool educational program under Section | ||
2-3.71 of this Code or Section 15-30 of the Department of Early | ||
Childhood Act or charter school, or in a State-recognized | ||
nonpublic school in which the chief administrator is required | ||
to have the licensure necessary to be a principal in a public | ||
school in this State and in which a majority of the teachers | ||
are required to have the licensure necessary to be instructors | ||
in a public school in this State, but may be renewed for a | ||
third year if needed to complete the Alternative Educator | ||
Licensure Program for Teachers. The endorsement shall be | ||
issued only once to an individual who meets all of the | ||
following requirements: | ||
(1) Has graduated from a regionally accredited college | ||
or university with a bachelor's degree or higher. | ||
(2) (Blank). | ||
(3) Has completed a major in the content area if | ||
seeking a middle or secondary level endorsement or, if | ||
seeking an early childhood, elementary, or special | ||
education endorsement, has completed a major in the | ||
content area of early childhood reading, English/language | ||
arts, mathematics, or one of the sciences. If the | ||
individual does not have a major in a content area for any | ||
level of teaching, he or she must submit transcripts to | ||
the State Board of Education to be reviewed for |
equivalency. | ||
(4) Has successfully completed phase (1) of subsection | ||
(b) of this Section. | ||
(5) Has passed a content area test required for the | ||
specific endorsement for admission into the program, as | ||
required under Section 21B-30 of this Code. | ||
A candidate possessing the alternative provisional | ||
educator endorsement may receive a salary, benefits, and any | ||
other terms of employment offered to teachers in the school | ||
who are members of an exclusive bargaining representative, if | ||
any, but a school is not required to provide these benefits | ||
during the years of residency if the candidate is serving only | ||
as a co-teacher. If the candidate is serving as the teacher of | ||
record, the candidate must receive a salary, benefits, and any | ||
other terms of employment. Residency experiences must not be | ||
counted towards tenure. | ||
(d) The recognized institution offering the Alternative | ||
Educator Licensure Program for Teachers must partner with a | ||
school district, including without limitation a preschool | ||
educational program under Section 2-3.71 of this Code or | ||
Section 15-30 of the Department of Early Childhood Act or | ||
charter school, or a State-recognized, nonpublic school in | ||
this State in which the chief administrator is required to | ||
have the licensure necessary to be a principal in a public | ||
school in this State and in which a majority of the teachers | ||
are required to have the licensure necessary to be instructors |
in a public school in this State. A recognized institution | ||
that partners with a public school district administering a | ||
preschool educational program under Section 2-3.71 of this | ||
Code or Section 15-30 of the Department of Early Childhood Act | ||
must require a principal to recommend or evaluate candidates | ||
in the program. A recognized institution that partners with an | ||
eligible entity administering a preschool educational program | ||
under Section 2-3.71 of this Code or Section 15-30 of the | ||
Department of Early Childhood Act and that is not a public | ||
school district must require a principal or qualified | ||
equivalent of a principal to recommend or evaluate candidates | ||
in the program. The program presented for approval by the | ||
State Board of Education must demonstrate the supports that | ||
are to be provided to assist the provisional teacher during | ||
the one-year 1-year or 2-year residency period and if the | ||
residency period is to be less than 2 years in length, | ||
assurances from the partner school districts to provide | ||
intensive mentoring and supports through at least the end of | ||
the second full year of teaching for educators who completed | ||
the Alternative Educator Educators Licensure Program for | ||
Teachers in less than 2 years. These supports must, at a | ||
minimum, provide additional contact hours with mentors during | ||
the first year of residency. | ||
(e) Upon completion of phases under paragraphs (1), (2), | ||
(4), and, if needed, (3) in subsection (b) of this Section and | ||
all assessments required under Section 21B-30 of this Code, an |
individual shall receive a Professional Educator License. | ||
(f) The State Board of Education, in consultation with the | ||
State Educator Preparation and Licensure Board, may adopt such | ||
rules as may be necessary to establish and implement the | ||
Alternative Educator Licensure Program for Teachers. | ||
(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23; | ||
revised 9-1-23.) | ||
(105 ILCS 5/22-45) | ||
Sec. 22-45. Illinois P-20 Council. | ||
(a) The General Assembly finds that preparing Illinoisans | ||
for success in school and the workplace requires a continuum | ||
of quality education from preschool through graduate school. | ||
This State needs a framework to guide education policy and | ||
integrate education at every level. A statewide coordinating | ||
council to study and make recommendations concerning education | ||
at all levels can avoid fragmentation of policies, promote | ||
improved teaching and learning, and continue to cultivate and | ||
demonstrate strong accountability and efficiency. Establishing | ||
an Illinois P-20 Council will develop a statewide agenda that | ||
will move the State towards the common goals of improving | ||
academic achievement, increasing college access and success, | ||
improving use of existing data and measurements, developing | ||
improved accountability, fostering innovative approaches to | ||
education, promoting lifelong learning, easing the transition | ||
to college, and reducing remediation. A pre-kindergarten |
through grade 20 agenda will strengthen this State's economic | ||
competitiveness by producing a highly-skilled workforce. In | ||
addition, lifelong learning plans will enhance this State's | ||
ability to leverage funding. | ||
(b) There is created the Illinois P-20 Council. The | ||
Illinois P-20 Council shall include all of the following | ||
members: | ||
(1) The Governor or his or her designee, to serve as | ||
chairperson. | ||
(2) Four members of the General Assembly, one | ||
appointed by the Speaker of the House of Representatives, | ||
one appointed by the Minority Leader of the House of | ||
Representatives, one appointed by the President of the | ||
Senate, and one appointed by the Minority Leader of the | ||
Senate. | ||
(3) Six at-large members appointed by the Governor as | ||
follows, with 2 members being from the City of Chicago, 2 | ||
members being from Lake County, McHenry County, Kane | ||
County, DuPage County, Will County, or that part of Cook | ||
County outside of the City of Chicago, and 2 members being | ||
from the remainder of the State: | ||
(A) one representative of civic leaders; | ||
(B) one representative of local government; | ||
(C) one representative of trade unions; | ||
(D) one representative of nonprofit organizations | ||
or foundations; |
(E) one representative of parents' organizations; | ||
and | ||
(F) one education research expert. | ||
(4) Five members appointed by statewide business | ||
organizations and business trade associations. | ||
(5) Six members appointed by statewide professional | ||
organizations and associations representing | ||
pre-kindergarten through grade 20 teachers, community | ||
college faculty, and public university faculty. | ||
(6) Two members appointed by associations representing | ||
local school administrators and school board members. One | ||
of these members must be a special education | ||
administrator. | ||
(7) One member representing community colleges, | ||
appointed by the Illinois Council of Community College | ||
Presidents. | ||
(8) One member representing 4-year independent | ||
colleges and universities, appointed by a statewide | ||
organization representing private institutions of higher | ||
learning. | ||
(9) One member representing public 4-year | ||
universities, appointed jointly by the university | ||
presidents and chancellors. | ||
(10) Ex-officio members as follows: | ||
(A) The State Superintendent of Education or his | ||
or her designee. |
(A-5) The Secretary of Early Childhood or the | ||
Secretary's designee. | ||
(B) The Executive Director of the Board of Higher | ||
Education or his or her designee. | ||
(C) The Executive Director of the Illinois | ||
Community College Board or his or her designee. | ||
(D) The Executive Director of the Illinois Student | ||
Assistance Commission or his or her designee. | ||
(E) The Co-chairpersons of the Illinois Workforce | ||
Investment Board or their designee. | ||
(F) The Director of Commerce and Economic | ||
Opportunity or his or her designee. | ||
(G) The Chairperson of the Illinois Early Learning | ||
Council or his or her designee. | ||
(H) The President of the Illinois Mathematics and | ||
Science Academy or his or her designee. | ||
(I) The president of an association representing | ||
educators of adult learners or his or her designee. | ||
Ex-officio members shall have no vote on the Illinois P-20 | ||
Council. | ||
Appointed members shall serve for staggered terms expiring | ||
on July 1 of the first, second, or third calendar year | ||
following their appointments or until their successors are | ||
appointed and have qualified. Staggered terms shall be | ||
determined by lot at the organizing meeting of the Illinois | ||
P-20 Council. |
Vacancies shall be filled in the same manner as original | ||
appointments, and any member so appointed shall serve during | ||
the remainder of the term for which the vacancy occurred. | ||
(c) The Illinois P-20 Council shall be funded through | ||
State appropriations to support staff activities, research, | ||
data-collection, and dissemination. The Illinois P-20 Council | ||
shall be staffed by the Office of the Governor, in | ||
coordination with relevant State agencies, boards, and | ||
commissions. The Illinois Education Research Council shall | ||
provide research and coordinate research collection activities | ||
for the Illinois P-20 Council. | ||
(d) The Illinois P-20 Council shall have all of the | ||
following duties: | ||
(1) To make recommendations to do all of the | ||
following: | ||
(A) Coordinate pre-kindergarten through grade 20 | ||
(graduate school) education in this State through | ||
working at the intersections of educational systems to | ||
promote collaborative infrastructure. | ||
(B) Coordinate and leverage strategies, actions, | ||
legislation, policies, and resources of all | ||
stakeholders to support fundamental and lasting | ||
improvement in this State's public schools, community | ||
colleges, and universities. | ||
(C) Better align the high school curriculum with | ||
postsecondary expectations. |
(D) Better align assessments across all levels of | ||
education. | ||
(E) Reduce the need for students entering | ||
institutions of higher education to take remedial | ||
courses. | ||
(F) Smooth the transition from high school to | ||
college. | ||
(G) Improve high school and college graduation | ||
rates. | ||
(H) Improve the rigor and relevance of academic | ||
standards for college and workforce readiness. | ||
(I) Better align college and university teaching | ||
programs with the needs of Illinois schools. | ||
(2) To advise the Governor, the General Assembly, the | ||
State's education and higher education agencies, and the | ||
State's workforce and economic development boards and | ||
agencies on policies related to lifelong learning for | ||
Illinois students and families. | ||
(3) To articulate a framework for systemic educational | ||
improvement and innovation that will enable every student | ||
to meet or exceed Illinois learning standards and be | ||
well-prepared to succeed in the workforce and community. | ||
(4) To provide an estimated fiscal impact for | ||
implementation of all Council recommendations. | ||
(5) To make recommendations for short-term and | ||
long-term learning recovery actions for public school |
students in this State in the wake of the COVID-19 | ||
pandemic. The Illinois P-20 Council shall submit a report | ||
with its recommendations for a multi-year recovery plan by | ||
December 31, 2021 to the Governor, the State Board of | ||
Education, the Board of Higher Education, the Illinois | ||
Community College Board, and the General Assembly that | ||
addresses all of the following: | ||
(A) Closing the digital divide for all students, | ||
including access to devices, Internet connectivity, | ||
and ensuring that educators have the necessary support | ||
and training to provide high quality remote and | ||
blended learning to students. | ||
(B) Evaluating the academic growth and proficiency | ||
of students in order to understand the impact of | ||
school closures and remote and blended remote learning | ||
conditions on student academic outcomes, including | ||
disaggregating data by race, income, diverse learners, | ||
and English learners, in ways that balance the need to | ||
understand that impact with the need to support | ||
student well-being and also take into consideration | ||
the logistical constraints facing schools and | ||
districts. | ||
(C) Establishing a system for the collection and | ||
review of student data at the State level, including | ||
data about prekindergarten through higher education | ||
student attendance, engagement and participation, |
discipline, and social-emotional and mental health | ||
inputs and outcomes, in order to better understand the | ||
full impact of disrupted learning. | ||
(D) Providing students with resources and programs | ||
for academic support, such as enrichment | ||
opportunities, tutoring corps, summer bridge programs, | ||
youth leadership and development programs, youth and | ||
community-led restorative and transformative justice | ||
programs, and youth internship and apprenticeship | ||
programs. | ||
(E) Providing students with resources and support | ||
to ensure access to social-emotional learning, mental | ||
health services, and trauma responsive, restorative | ||
justice and anti-racist practices in order to support | ||
the growth of the whole child, such as investing in | ||
community schools and providing comprehensive | ||
year-round services and support for both students and | ||
their families. | ||
(F) Ensuring more time for students' academic, | ||
social-emotional, and mental health needs by | ||
considering such strategies as: (i) extending planning | ||
time for teachers, (ii) extending the school day and | ||
school year, and (iii) transitioning to year-round | ||
schooling. | ||
(G) Strengthening the transition from secondary | ||
education to postsecondary education in the wake of |
threats to alignment and affordability created by the | ||
pandemic and related conditions. | ||
(e) The chairperson of the Illinois P-20 Council may | ||
authorize the creation of working groups focusing on areas of | ||
interest to Illinois educational and workforce development, | ||
including without limitation the following areas: | ||
(1) Preparation, recruitment, and certification of | ||
highly qualified teachers. | ||
(2) Mentoring and induction of highly qualified | ||
teachers. | ||
(3) The diversity of highly qualified teachers. | ||
(4) Funding for highly qualified teachers, including | ||
developing a strategic and collaborative plan to seek | ||
federal and private grants to support initiatives | ||
targeting teacher preparation and its impact on student | ||
achievement. | ||
(5) Highly effective administrators. | ||
(6) Illinois birth through age 3 education, | ||
pre-kindergarten, and early childhood education. | ||
(7) The assessment, alignment, outreach, and network | ||
of college and workforce readiness efforts. | ||
(8) Alternative routes to college access. | ||
(9) Research data and accountability. | ||
(10) Community schools, community participation, and | ||
other innovative approaches to education that foster | ||
community partnerships. |
(11) Tuition, financial aid, and other issues related | ||
to keeping postsecondary education affordable for Illinois | ||
residents. | ||
(12) Learning recovery in the wake of the COVID-19 | ||
pandemic. | ||
The chairperson of the Illinois P-20 Council may designate | ||
Council members to serve as working group chairpersons. | ||
Working groups may invite organizations and individuals | ||
representing pre-kindergarten through grade 20 interests to | ||
participate in discussions, data collection, and | ||
dissemination. | ||
(Source: P.A. 101-654, eff. 3-8-21.) | ||
(105 ILCS 5/26-19) | ||
Sec. 26-19. Chronic absenteeism in preschool children. | ||
(a) In this Section, "chronic absence" has the meaning | ||
ascribed to that term in Section 26-18 of this Code. | ||
(b) The General Assembly makes all of the following | ||
findings: | ||
(1) The early years are an extremely important period | ||
in a child's learning and development. | ||
(2) Missed learning opportunities in the early years | ||
make it difficult for a child to enter kindergarten ready | ||
for success. | ||
(3) Attendance patterns in the early years serve as | ||
predictors of chronic absenteeism and reduced educational |
outcomes in later school years. Therefore, it is crucial | ||
that the implications of chronic absence be understood and | ||
reviewed regularly under the Preschool for All Program and | ||
Preschool for All Expansion Program under Section 2-3.71 | ||
of this Code. | ||
(c) The Preschool for All Program and Preschool for All | ||
Expansion Program under Section 2-3.71 of this Code shall | ||
collect and review its chronic absence data and determine what | ||
support and resources are needed to positively engage | ||
chronically absent students and their families to encourage | ||
the habit of daily attendance and promote success. | ||
(d) The Preschool for All Program and Preschool for All | ||
Expansion Program under Section 2-3.71 of this Code are | ||
encouraged to do all of the following: | ||
(1) Provide support to students who are at risk of | ||
reaching or exceeding chronic absence levels. | ||
(2) Make resources available to families, such as | ||
those available through the State Board of Education's | ||
Family Engagement Framework, to support and encourage | ||
families to ensure their children's daily program | ||
attendance. | ||
(3) Include information about chronic absenteeism as | ||
part of their preschool to kindergarten transition | ||
resources. | ||
(e) On or before July 1, 2020, and annually thereafter, | ||
the Preschool for All Program and Preschool for All Expansion |
Program shall report all data collected under subsection (c) | ||
of this Section to the State Board of Education, which shall | ||
make the report publicly available via the Illinois Early | ||
Childhood Asset Map Internet website and the Preschool for All | ||
Program or Preschool for All Expansion Program triennial | ||
report. | ||
(f) This Section is repealed on July 1, 2026. | ||
(Source: P.A. 102-539, eff. 8-20-21.) | ||
Section 90-35. The School Construction Law is amended by | ||
changing Section 5-300 as follows: | ||
(105 ILCS 230/5-300) | ||
Sec. 5-300. Early childhood construction grants. | ||
(a) The Capital Development Board is authorized to make | ||
grants to public school districts and not-for-profit entities | ||
for early childhood construction projects, except that in | ||
fiscal year 2024 those grants may be made only to public school | ||
districts. These grants shall be paid out of moneys | ||
appropriated for that purpose from the School Construction | ||
Fund, the Build Illinois Bond Fund, or the Rebuild Illinois | ||
Projects Fund. No grants may be awarded to entities providing | ||
services within private residences. A public school district | ||
or other eligible entity must provide local matching funds in | ||
the following manner: | ||
(1) A public school district assigned to Tier 1 under |
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 3% of | ||
the grant awarded under this Section. | ||
(2) A public school district assigned to Tier 2 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 7.5% of | ||
the grant awarded under this Section. | ||
(3) A public school district assigned to Tier 3 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 8.75% | ||
of the grant awarded under this Section. | ||
(4) A public school district assigned to Tier 4 under | ||
Section 18-8.15 of the School Code or any other eligible | ||
entity in an area encompassed by that district must | ||
provide local matching funds in an amount equal to 10% of | ||
the grant awarded under this Section. | ||
A public school district or other eligible entity has no | ||
entitlement to a grant under this Section. | ||
(b) The Capital Development Board shall adopt rules to | ||
implement this Section. These rules need not be the same as the | ||
rules for school construction project grants or school | ||
maintenance project grants. The rules may specify: | ||
(1) the manner of applying for grants; |
(2) project eligibility requirements; | ||
(3) restrictions on the use of grant moneys; | ||
(4) the manner in which school districts and other | ||
eligible entities must account for the use of grant | ||
moneys; | ||
(5) requirements that new or improved facilities be | ||
used for early childhood and other related programs for a | ||
period of at least 10 years; and | ||
(6) any other provision that the Capital Development | ||
Board determines to be necessary or useful for the | ||
administration of this Section. | ||
(b-5) When grants are made to non-profit corporations for | ||
the acquisition or construction of new facilities, the Capital | ||
Development Board or any State agency it so designates shall | ||
hold title to or place a lien on the facility for a period of | ||
10 years after the date of the grant award, after which title | ||
to the facility shall be transferred to the non-profit | ||
corporation or the lien shall be removed, provided that the | ||
non-profit corporation has complied with the terms of its | ||
grant agreement. When grants are made to non-profit | ||
corporations for the purpose of renovation or rehabilitation, | ||
if the non-profit corporation does not comply with item (5) of | ||
subsection (b) of this Section, the Capital Development Board | ||
or any State agency it so designates shall recover the grant | ||
pursuant to the procedures outlined in the Illinois Grant | ||
Funds Recovery Act. |
(c) The Capital Development Board, in consultation with | ||
the State Board of Education, shall establish standards for | ||
the determination of priority needs concerning early childhood | ||
projects based on projects located in communities in the State | ||
with the greatest underserved population of young children, | ||
utilizing Census data and other reliable local early childhood | ||
service data. | ||
(d) In each school year in which early childhood | ||
construction project grants are awarded, 20% of the total | ||
amount awarded shall be awarded to a school district with a | ||
population of more than 500,000, provided that the school | ||
district complies with the requirements of this Section and | ||
the rules adopted under this Section. | ||
(e) This Section is repealed on July 1, 2026. | ||
(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 6-7-23.) | ||
Section 90-40. The Early Childhood Access Consortium for | ||
Equity Act is amended by changing Sections 25 and 35 as | ||
follows: | ||
(110 ILCS 28/25) | ||
Sec. 25. Advisory committee; membership. | ||
(a) The Board of Higher Education, the Illinois Community | ||
College Board, the State Board of Education, the Department of | ||
Human Services, and the Department of Early Childhood | ||
Governor's Office of Early Childhood Development shall jointly |
convene a Consortium advisory committee to provide guidance on | ||
the operation of the Consortium. | ||
(b) Membership on the advisory committee shall be | ||
comprised of employers and experts appointed by the Board of | ||
Higher Education, the Illinois Community College Board, the | ||
Department of Early Childhood, the Department of Human | ||
Services Governor's Office of Early Childhood Development , and | ||
the State Board of Education. Membership shall also include | ||
all of the following members: | ||
(1) An employer from a community-based child care | ||
provider, appointed by the Department of Human Services | ||
Governor's Office of Early Childhood Development . | ||
(2) An employer from a for-profit child care provider, | ||
appointed by the Department of Human Services Governor's | ||
Office of Early Childhood Development . | ||
(3) An employer from a nonprofit child care provider, | ||
appointed by the Department of Human Services Governor's | ||
Office of Early Childhood Development . | ||
(4) A provider of family child care, appointed by the | ||
Department of Human Services Governor's Office of Early | ||
Childhood Development . | ||
(5) An employer located in southern Illinois, | ||
appointed by the Department of Early Childhood Governor's | ||
Office of Early Childhood Development . | ||
(6) An employer located in central Illinois, appointed | ||
by the Department of Early Childhood Governor's Office of |
Early Childhood Development . | ||
(7) At least one member who represents an urban school | ||
district, appointed by the State Board of Education. | ||
(8) At least one member who represents a suburban | ||
school district, appointed by the State Board of | ||
Education. | ||
(9) At least one member who represents a rural school | ||
district, appointed by the State Board of Education. | ||
(10) At least one member who represents a school | ||
district in a city with a population of 500,000 or more, | ||
appointed by the State Board of Education. | ||
(11) Two early childhood advocates with statewide | ||
expertise in early childhood workforce issues, appointed | ||
by the Department of Early Childhood Governor's Office of | ||
Early Childhood Development . | ||
(12) The Chairperson or Vice-Chairperson and the | ||
Minority Spokesperson or a designee of the Senate | ||
Committee on Higher Education. | ||
(13) The Chairperson or Vice-Chairperson and the | ||
Minority Spokesperson or a designee of the House Committee | ||
on Higher Education. | ||
(14) One member representing the Illinois Community | ||
College Board, who shall serve as co-chairperson, | ||
appointed by the Illinois Community College Board. | ||
(15) One member representing the Board of Higher | ||
Education, who shall serve as co-chairperson, appointed by |
the Board of Higher Education. | ||
(16) One member representing the Illinois Student | ||
Assistance Commission, appointed by the Board of Higher | ||
Education. | ||
(17) One member representing the State Board of | ||
Education, who shall serve as co-chairperson, appointed by | ||
the State Board of Education. | ||
(18) One member representing the Department of Early | ||
Childhood Governor's Office of Early Childhood | ||
Development , who shall serve as co-chairperson, appointed | ||
by the Department of Early Childhood Governor's Office of | ||
Early Childhood Development . | ||
(19) One member representing the Department of Human | ||
Services, who shall serve as co-chairperson, appointed by | ||
the Department of Human Services Governor's Office of | ||
Early Childhood Development . | ||
(20) One member representing INCCRRA, appointed by the | ||
Department of Early Childhood Governor's Office of Early | ||
Childhood Development . | ||
(21) One member representing the Department of | ||
Children and Family Services, appointed by the Department | ||
of Children and Family Services Governor's Office of Early | ||
Childhood Development . | ||
(22) One member representing an organization that | ||
advocates on behalf of community college trustees, | ||
appointed by the Illinois Community College Board. |
(23) One member of a union representing child care and | ||
early childhood providers, appointed by the Department of | ||
Human Services Governor's Office of Early Childhood | ||
Development . | ||
(24) Two members of unions representing higher | ||
education faculty, appointed by the Board of Higher | ||
Education. | ||
(25) A representative from the College of Education of | ||
an urban public university, appointed by the Board of | ||
Higher Education. | ||
(26) A representative from the College of Education of | ||
a suburban public university, appointed by the Board of | ||
Higher Education. | ||
(27) A representative from the College of Education of | ||
a rural public university, appointed by the Board of | ||
Higher Education. | ||
(28) A representative from the College of Education of | ||
a private university, appointed by the Board of Higher | ||
Education. | ||
(29) A representative of an urban community college, | ||
appointed by the Illinois Community College Board. | ||
(30) A representative of a suburban community college, | ||
appointed by the Illinois Community College Board. | ||
(31) A representative of rural community college, | ||
appointed by the Illinois Community College Board. | ||
(c) The advisory committee shall meet quarterly. The |
committee meetings shall be open to the public in accordance | ||
with the provisions of the Open Meetings Act. | ||
(Source: P.A. 102-174, eff. 7-28-21.) | ||
(110 ILCS 28/35) | ||
Sec. 35. Goals and metrics. | ||
(a) By July 1, 2021 or within 60 days after the effective | ||
date of this amendatory Act of the 102nd General Assembly, the | ||
Board of Higher Education's Strategic Plan Educator Workforce | ||
subgroup on the early childhood workforce must set goals for | ||
the Consortium for the enrollment, persistence, and completion | ||
of members of the incumbent workforce in associate, | ||
bachelor's, and master's degree programs, Gateways Credentials | ||
in Level 2, 3, or 4, and Professional Educator Licensure by | ||
September 30, 2024. The goals set for the Consortium must be | ||
data informed and include targets for annual enrollment and | ||
persistence. | ||
(b) Data from the Gateways Registry, March 2020, indicates | ||
that there are 7,670 individuals with an associate degree who | ||
would benefit from progressing to a baccalaureate degree and | ||
20,467 individuals with a high school diploma or some college | ||
who would benefit from progressing to an associate degree. If | ||
the goals cannot be set in accordance with subsection (a), the | ||
goal for the Consortium shall be that by September 30, 2024, | ||
20% of the individuals described in this subsection (b) who do | ||
not have a degree will have enrolled and be persisting toward |
or have attained a Gateways Credential in Level 2, 3, or 4 or | ||
an associate degree and, of the individuals who have an | ||
associate degree, will be enrolled and persisting toward or | ||
have attained a baccalaureate degree or will be persisting | ||
toward or have attained a Professional Educator License. | ||
(c) Student financial aid, including incentives and | ||
stipends, data-sharing, and professional statewide engagement | ||
and marketing campaign and recruitment efforts are critical to | ||
the Consortium's ability to quickly attract and enroll | ||
students into these programs. Navigators, mentors, and | ||
advisors are critical for persistence and completion. If | ||
federal funds are not appropriated for these purposes and the | ||
other purposes of this Section, the Board of Higher Education, | ||
the Illinois Community College Board, the State Board of | ||
Education, the Department of Human Services, and the | ||
Department of Early Childhood Governor's Office of Early | ||
Childhood Development , in consultation with the advisory | ||
committee, shall adjust the initial target metrics | ||
appropriately by adopting challenging goals that may be | ||
attainable with less public investment. | ||
(d) The Board of Higher Education, the Illinois Community | ||
College Board, the State Board of Education, the Department of | ||
Human Services, and the Department of Early Childhood | ||
Governor's Office of Early Childhood Development , in | ||
consultation with the advisory committee, shall determine new | ||
metrics and goals for the Consortium as they relate to the |
remaining and future early childhood workforce, to be | ||
instituted after the close of the 2024-2025 academic year and | ||
going forward. Metrics must take into consideration that the | ||
pipeline depends on sustained, increased student enrollment | ||
and completion rates at the associate degree level if this | ||
State aims to continue with sustained, increased student | ||
enrollment and completion at the bachelor's degree level. | ||
(Source: P.A. 102-174, eff. 7-28-21.) | ||
Section 90-45. The Illinois Public Aid Code is amended by | ||
changing Sections 2-12, 2-12.5, 9A-11, 9A-11.5, and 9A-17 as | ||
follows: | ||
(305 ILCS 5/2-12) (from Ch. 23, par. 2-12) | ||
Sec. 2-12. "Illinois Department"; "Department". In this | ||
Code, "Illinois Department" or "Department", when a particular | ||
entity is not specified, means the following: | ||
(1) In the case of a function performed before July 1, 1997 | ||
(the effective date of the Department of Human Services Act), | ||
the term means the Department of Public Aid. | ||
(2) Except as provided in paragraph (2.5), in In the case | ||
of a function to be performed on or after July 1, 1997 under | ||
Article III, IV, VI, IX, or IXA, the term means the Department | ||
of Human Services as successor to the Illinois Department of | ||
Public Aid. | ||
(2.5) In the case of a function to be performed on or after |
July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means | ||
the Department of Early Childhood. | ||
(3) In the case of a function to be performed on or after | ||
July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, | ||
or XV, the term means the Department of Healthcare and Family | ||
Services (formerly Illinois Department of Public Aid). | ||
(4) In the case of a function to be performed on or after | ||
July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the | ||
term means the Department of Human Services (acting as | ||
successor to the Illinois Department of Public Aid) or the | ||
Department of Healthcare and Family Services (formerly | ||
Illinois Department of Public Aid) or both, according to | ||
whether that function, in the specific context, has been | ||
allocated to the Department of Human Services or the | ||
Department of Healthcare and Family Services (formerly | ||
Department of Public Aid) or both of those departments. | ||
(Source: P.A. 95-331, eff. 8-21-07.) | ||
(305 ILCS 5/2-12.5) | ||
Sec. 2-12.5. "Director of the Illinois Department"; | ||
"Director of the Department"; "Director". In this Code, | ||
"Director of the Illinois Department", "Director of the | ||
Department", or "Director", when a particular official is not | ||
specified, means the following: | ||
(1) In the case of a function performed before July 1, 1997 | ||
(the effective date of the Department of Human Services Act), |
the term means the Director of Public Aid. | ||
(2) Except as provided in paragraph (2.5), in In the case | ||
of a function to be performed on or after July 1, 1997 under | ||
Article III, IV, VI, IX, or IXA, the term means the Secretary | ||
of Human Services. | ||
(2.5) In the case of a function to be performed on or after | ||
July 1, 2026 under Sections 9A-11 and 9A-11-5, the term means | ||
the Secretary of Early Childhood. | ||
(3) In the case of a function to be performed on or after | ||
July 1, 1997 under Article V, V-A, V-B, V-C, V-D, V-E, X, XIV, | ||
or XV, the term means the Director of Healthcare and Family | ||
Services (formerly Director of Public Aid). | ||
(4) In the case of a function to be performed on or after | ||
July 1, 1997 under Article I, II, VIIIA, XI, XII, or XIII, the | ||
term means the Secretary of Human Services or the Director of | ||
Healthcare and Family Services (formerly Director of Public | ||
Aid) or both, according to whether that function, in the | ||
specific context, has been allocated to the Department of | ||
Human Services or the Department of Healthcare and Family | ||
Services (formerly Department of Public Aid) or both of those | ||
departments. | ||
(Source: P.A. 95-331, eff. 8-21-07.) | ||
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11) | ||
Sec. 9A-11. Child care. | ||
(a) The General Assembly recognizes that families with |
children need child care in order to work. Child care is | ||
expensive and families with limited access to economic | ||
resources, including those who are transitioning from welfare | ||
to work, often struggle to pay the costs of day care. The | ||
General Assembly understands the importance of helping working | ||
families with limited access to economic resources become and | ||
remain self-sufficient. The General Assembly also believes | ||
that it is the responsibility of families to share in the costs | ||
of child care. It is also the preference of the General | ||
Assembly that all working families with limited access to | ||
economic resources should be treated equally, regardless of | ||
their welfare status. | ||
(b) To the extent resources permit, the Illinois | ||
Department shall provide child care services to parents or | ||
other relatives as defined by rule who are working or | ||
participating in employment or Department approved education | ||
or training programs. At a minimum, the Illinois Department | ||
shall cover the following categories of families: | ||
(1) recipients of TANF under Article IV participating | ||
in work and training activities as specified in the | ||
personal plan for employment and self-sufficiency; | ||
(2) families transitioning from TANF to work; | ||
(3) families at risk of becoming recipients of TANF; | ||
(4) families with special needs as defined by rule; | ||
(5) working families with very low incomes as defined | ||
by rule; |
(6) families that are not recipients of TANF and that | ||
need child care assistance to participate in education and | ||
training activities; | ||
(7) youth in care, as defined in Section 4d of the | ||
Children and Family Services Act, who are parents, | ||
regardless of income or whether they are working or | ||
participating in Department-approved employment or | ||
education or training programs. Any family that receives | ||
child care assistance in accordance with this paragraph | ||
shall receive one additional 12-month child care | ||
eligibility period after the parenting youth in care's | ||
case with the Department of Children and Family Services | ||
is closed, regardless of income or whether the parenting | ||
youth in care is working or participating in | ||
Department-approved employment or education or training | ||
programs; | ||
(8) families receiving Extended Family Support Program | ||
services from the Department of Children and Family | ||
Services, regardless of income or whether they are working | ||
or participating in Department-approved employment or | ||
education or training programs; and | ||
(9) families with children under the age of 5 who have | ||
an open intact family services case with the Department of | ||
Children and Family Services. Any family that receives | ||
child care assistance in accordance with this paragraph | ||
shall remain eligible for child care assistance 6 months |
after the child's intact family services case is closed, | ||
regardless of whether the child's parents or other | ||
relatives as defined by rule are working or participating | ||
in Department approved employment or education or training | ||
programs. The Department of Early Childhood Human | ||
Services , in consultation with the Department of Children | ||
and Family Services, shall adopt rules to protect the | ||
privacy of families who are the subject of an open intact | ||
family services case when such families enroll in child | ||
care services. Additional rules shall be adopted to offer | ||
children who have an open intact family services case the | ||
opportunity to receive an Early Intervention screening and | ||
other services that their families may be eligible for as | ||
provided by the Department of Human Services. | ||
Beginning October 1, 2027 2023 , and every October 1 | ||
thereafter, the Department of Children and Family Services | ||
shall report to the General Assembly on the number of children | ||
who received child care via vouchers paid for by the | ||
Department of Early Childhood Children and Family Services | ||
during the preceding fiscal year. The report shall include the | ||
ages of children who received child care, the type of child | ||
care they received, and the number of months they received | ||
child care. | ||
The Department shall specify by rule the conditions of | ||
eligibility, the application process, and the types, amounts, | ||
and duration of services. Eligibility for child care benefits |
and the amount of child care provided may vary based on family | ||
size, income, and other factors as specified by rule. | ||
The Department shall update the Child Care Assistance | ||
Program Eligibility Calculator posted on its website to | ||
include a question on whether a family is applying for child | ||
care assistance for the first time or is applying for a | ||
redetermination of eligibility. | ||
A family's eligibility for child care services shall be | ||
redetermined no sooner than 12 months following the initial | ||
determination or most recent redetermination. During the | ||
12-month periods, the family shall remain eligible for child | ||
care services regardless of (i) a change in family income, | ||
unless family income exceeds 85% of State median income, or | ||
(ii) a temporary change in the ongoing status of the parents or | ||
other relatives, as defined by rule, as working or attending a | ||
job training or educational program. | ||
In determining income eligibility for child care benefits, | ||
the Department annually, at the beginning of each fiscal year, | ||
shall establish, by rule, one income threshold for each family | ||
size, in relation to percentage of State median income for a | ||
family of that size, that makes families with incomes below | ||
the specified threshold eligible for assistance and families | ||
with incomes above the specified threshold ineligible for | ||
assistance. Through and including fiscal year 2007, the | ||
specified threshold must be no less than 50% of the | ||
then-current State median income for each family size. |
Beginning in fiscal year 2008, the specified threshold must be | ||
no less than 185% of the then-current federal poverty level | ||
for each family size. Notwithstanding any other provision of | ||
law or administrative rule to the contrary, beginning in | ||
fiscal year 2019, the specified threshold for working families | ||
with very low incomes as defined by rule must be no less than | ||
185% of the then-current federal poverty level for each family | ||
size. Notwithstanding any other provision of law or | ||
administrative rule to the contrary, beginning in State fiscal | ||
year 2022 through State fiscal year 2023, the specified income | ||
threshold shall be no less than 200% of the then-current | ||
federal poverty level for each family size. Beginning in State | ||
fiscal year 2024, the specified income threshold shall be no | ||
less than 225% of the then-current federal poverty level for | ||
each family size. | ||
In determining eligibility for assistance, the Department | ||
shall not give preference to any category of recipients or | ||
give preference to individuals based on their receipt of | ||
benefits under this Code. | ||
Nothing in this Section shall be construed as conferring | ||
entitlement status to eligible families. | ||
The Illinois Department is authorized to lower income | ||
eligibility ceilings, raise parent co-payments, create waiting | ||
lists, or take such other actions during a fiscal year as are | ||
necessary to ensure that child care benefits paid under this | ||
Article do not exceed the amounts appropriated for those child |
care benefits. These changes may be accomplished by emergency | ||
rule under Section 5-45 of the Illinois Administrative | ||
Procedure Act, except that the limitation on the number of | ||
emergency rules that may be adopted in a 24-month period shall | ||
not apply. | ||
The Illinois Department may contract with other State | ||
agencies or child care organizations for the administration of | ||
child care services. | ||
(c) Payment shall be made for child care that otherwise | ||
meets the requirements of this Section and applicable | ||
standards of State and local law and regulation, including any | ||
requirements the Illinois Department promulgates by rule . | ||
Through June 30, 2026, the rules of this Section include | ||
licensure requirements adopted by the Department of Children | ||
and Family Services. On and after July 1, 2026, the rules of | ||
this Section include licensure requirements adopted by the | ||
Department of Early Childhood. In addition, the regulations of | ||
this Section include the in addition to the licensure | ||
requirements promulgated by the Department of Children and | ||
Family Services and Fire Prevention and Safety requirements | ||
promulgated by the Office of the State Fire Marshal, and is | ||
provided in any of the following: | ||
(1) a child care center which is licensed or exempt | ||
from licensure pursuant to Section 2.09 of the Child Care | ||
Act of 1969; | ||
(2) a licensed child care home or home exempt from |
licensing; | ||
(3) a licensed group child care home; | ||
(4) other types of child care, including child care | ||
provided by relatives or persons living in the same home | ||
as the child, as determined by the Illinois Department by | ||
rule. | ||
(c-5) Solely for the purposes of coverage under the | ||
Illinois Public Labor Relations Act, child and day care home | ||
providers, including licensed and license exempt, | ||
participating in the Department's child care assistance | ||
program shall be considered to be public employees and the | ||
State of Illinois shall be considered to be their employer as | ||
of January 1, 2006 (the effective date of Public Act 94-320), | ||
but not before. The State shall engage in collective | ||
bargaining with an exclusive representative of child and day | ||
care home providers participating in the child care assistance | ||
program concerning their terms and conditions of employment | ||
that are within the State's control. Nothing in this | ||
subsection shall be understood to limit the right of families | ||
receiving services defined in this Section to select child and | ||
day care home providers or supervise them within the limits of | ||
this Section. The State shall not be considered to be the | ||
employer of child and day care home providers for any purposes | ||
not specifically provided in Public Act 94-320, including, but | ||
not limited to, purposes of vicarious liability in tort and | ||
purposes of statutory retirement or health insurance benefits. |
Child and day care home providers shall not be covered by the | ||
State Employees Group Insurance Act of 1971. | ||
In according child and day care home providers and their | ||
selected representative rights under the Illinois Public Labor | ||
Relations Act, the State intends that the State action | ||
exemption to application of federal and State antitrust laws | ||
be fully available to the extent that their activities are | ||
authorized by Public Act 94-320. | ||
(d) The Illinois Department shall establish, by rule, a | ||
co-payment scale that provides for cost sharing by families | ||
that receive child care services, including parents whose only | ||
income is from assistance under this Code. The co-payment | ||
shall be based on family income and family size and may be | ||
based on other factors as appropriate. Co-payments may be | ||
waived for families whose incomes are at or below the federal | ||
poverty level. | ||
(d-5) The Illinois Department, in consultation with its | ||
Child Care and Development Advisory Council, shall develop a | ||
plan to revise the child care assistance program's co-payment | ||
scale. The plan shall be completed no later than February 1, | ||
2008, and shall include: | ||
(1) findings as to the percentage of income that the | ||
average American family spends on child care and the | ||
relative amounts that low-income families and the average | ||
American family spend on other necessities of life; | ||
(2) recommendations for revising the child care |
co-payment scale to assure that families receiving child | ||
care services from the Department are paying no more than | ||
they can reasonably afford; | ||
(3) recommendations for revising the child care | ||
co-payment scale to provide at-risk children with complete | ||
access to Preschool for All and Head Start; and | ||
(4) recommendations for changes in child care program | ||
policies that affect the affordability of child care. | ||
(e) (Blank). | ||
(f) The Illinois Department shall, by rule, set rates to | ||
be paid for the various types of child care. Child care may be | ||
provided through one of the following methods: | ||
(1) arranging the child care through eligible | ||
providers by use of purchase of service contracts or | ||
vouchers; | ||
(2) arranging with other agencies and community | ||
volunteer groups for non-reimbursed child care; | ||
(3) (blank); or | ||
(4) adopting such other arrangements as the Department | ||
determines appropriate. | ||
(f-1) Within 30 days after June 4, 2018 (the effective | ||
date of Public Act 100-587), the Department of Human Services | ||
shall establish rates for child care providers that are no | ||
less than the rates in effect on January 1, 2018 increased by | ||
4.26%. | ||
(f-5) (Blank). |
(g) Families eligible for assistance under this Section | ||
shall be given the following options: | ||
(1) receiving a child care certificate issued by the | ||
Department or a subcontractor of the Department that may | ||
be used by the parents as payment for child care and | ||
development services only; or | ||
(2) if space is available, enrolling the child with a | ||
child care provider that has a purchase of service | ||
contract with the Department or a subcontractor of the | ||
Department for the provision of child care and development | ||
services. The Department may identify particular priority | ||
populations for whom they may request special | ||
consideration by a provider with purchase of service | ||
contracts, provided that the providers shall be permitted | ||
to maintain a balance of clients in terms of household | ||
incomes and families and children with special needs, as | ||
defined by rule. | ||
(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; | ||
102-926, eff. 5-27-22; 103-8, eff. 6-7-23.) | ||
(305 ILCS 5/9A-11.5) | ||
Sec. 9A-11.5. Investigate child care providers. | ||
(a) Through June 30, 2026, any Any child care provider | ||
receiving funds from the child care assistance program under | ||
this Code who is not required to be licensed under the Child | ||
Care Act of 1969 shall, as a condition of eligibility to |
participate in the child care assistance program under this | ||
Code, authorize in writing on a form prescribed by the | ||
Department of Children and Family Services, periodic | ||
investigations of the Central Register, as defined in the | ||
Abused and Neglected Child Reporting Act, to ascertain if the | ||
child care provider has been determined to be a perpetrator in | ||
an indicated report of child abuse or neglect. The Department | ||
of Children and Family Services shall conduct an investigation | ||
of the Central Register at the request of the Department of | ||
Human Services . | ||
(a-5) On and after July 1, 2026, any child care provider | ||
receiving funds from the child care assistance program under | ||
this Code who is not required to be licensed under the Child | ||
Care Act of 1969 shall, as a condition of eligibility to | ||
participate in the child care assistance program under this | ||
Code, authorize in writing on a form prescribed by the | ||
Department of Early Childhood, periodic investigations of the | ||
Central Register, as defined in the Abused and Neglected Child | ||
Reporting Act, to ascertain if the child care provider has | ||
been determined to be a perpetrator in an indicated report of | ||
child abuse or neglect. | ||
(b) Any child care provider, other than a relative of the | ||
child, receiving funds from the child care assistance program | ||
under this Code who is not required to be licensed under the | ||
Child Care Act of 1969 shall, as a condition of eligibility to | ||
participate in the child care assistance program under this |
Code, authorize in writing a State and Federal Bureau of | ||
Investigation fingerprint-based criminal history record check | ||
to determine if the child care provider has ever been | ||
convicted of a crime with respect to which the conviction has | ||
not been overturned and the criminal records have not been | ||
sealed or expunged. Upon this authorization, the Department | ||
shall request and receive information and assistance from any | ||
federal or State governmental agency as part of the authorized | ||
criminal history record check. The Illinois State Police shall | ||
provide information concerning any conviction that has not | ||
been overturned and with respect to which the criminal records | ||
have not been sealed or expunged, whether the conviction | ||
occurred before or on or after the effective date of this | ||
amendatory Act of the 96th General Assembly, of a child care | ||
provider upon the request of the Department when the request | ||
is made in the form and manner required by the Illinois State | ||
Police. The Illinois State Police shall charge a fee not to | ||
exceed the cost of processing the criminal history record | ||
check. The fee is to be deposited into the State Police | ||
Services Fund. Any information concerning convictions that | ||
have not been overturned and with respect to which the | ||
criminal records have not been sealed or expunged obtained by | ||
the Department is confidential and may not be transmitted (i) | ||
outside the Department except as required in this Section or | ||
(ii) to anyone within the Department except as needed for the | ||
purposes of determining participation in the child care |
assistance program. A copy of the criminal history record | ||
check obtained from the Illinois State Police shall be | ||
provided to the unlicensed child care provider. | ||
(c) The Department shall by rule set standards for | ||
determining when to disqualify an unlicensed child care | ||
provider for payment because (i) there is an indicated finding | ||
against the provider based on the results of the Central | ||
Register search or (ii) there is a disqualifying criminal | ||
charge pending against the provider or the provider has a | ||
disqualifying criminal conviction that has not been overturned | ||
and with respect to which the criminal records have not been | ||
expunged or sealed based on the results of the | ||
fingerprint-based Illinois State Police and Federal Bureau of | ||
Investigation criminal history record check. In determining | ||
whether to disqualify an unlicensed child care provider for | ||
payment under this subsection, the Department shall consider | ||
the nature and gravity of any offense or offenses; the time | ||
that has passed since the offense or offenses or the | ||
completion of the criminal sentence or both; and the | ||
relationship of the offense or offenses to the | ||
responsibilities of the child care provider. | ||
(Source: P.A. 102-538, eff. 8-20-21.) | ||
(305 ILCS 5/9A-17) | ||
Sec. 9A-17. Smart Start Child Care Program. Subject to | ||
appropriation, the Department of Human Services shall |
establish the Smart Start Child Care Program. The Smart Start | ||
Child Care Program shall focus on creating affordable child | ||
care, as well as increasing access to child care, for Illinois | ||
residents and may include, but is not limited to, providing | ||
funding to increase preschool availability, providing funding | ||
for childcare workforce compensation or capital investments, | ||
and expanding funding for Early Childhood Access Consortium | ||
for Equity Scholarships. The Department shall establish | ||
program eligibility criteria, participation conditions, | ||
payment levels, and other program requirements by rule. The | ||
Department of Human Services may consult with the Capital | ||
Development Board, the Department of Commerce and Economic | ||
Opportunity, and the Illinois Housing Development Authority in | ||
the management and disbursement of funds for capital-related | ||
projects. The Capital Development Board, the Department of | ||
Commerce and Economic Opportunity, and the Illinois Housing | ||
Development Authority shall act in a consulting role only for | ||
the evaluation of applicants, scoring of applicants, or | ||
administration of the grant program. | ||
This Section is repealed on July 1, 2026. | ||
(Source: P.A. 103-8, eff. 6-7-23.) | ||
Section 90-50. The Early Intervention Services System Act | ||
is amended by adding Section 20.1 as follows: | ||
(325 ILCS 20/20.1 new) |
Sec. 20.1. Repeal. This Act is repealed on July 1, 2026. | ||
Section 90-55. The Infant/Early Childhood Mental Health | ||
Consultations Act is amended by changing Section 35-5 as | ||
follows: | ||
(405 ILCS 47/35-5) | ||
Sec. 35-5. Findings; policies. | ||
(a) The General Assembly finds the following: | ||
(1) Social and emotional development is a core | ||
developmental domain in young children and is codified in | ||
the Illinois Early Learning Standards. | ||
(2) Fostering social and emotional development in | ||
early childhood means both providing the supportive | ||
settings and interactions to maximize healthy social and | ||
emotional development for all children, as well as | ||
providing communities, programs, and providers with | ||
systems of tiered supports with training to respond to | ||
more significant social and emotional challenges or where | ||
experiences of trauma may be more prevalent. | ||
(3) Early care and education programs and providers, | ||
across a range of settings, have an important role to play | ||
in supporting young children and families, especially | ||
those who face greater challenges, such as trauma | ||
exposure, social isolation, pervasive poverty, and toxic | ||
stress; if programs, teaching staff, caregivers, and |
providers are not provided with the support, services, and | ||
training needed to accomplish these goals, it can lead to | ||
children and families being asked to leave programs, | ||
particularly without connection to more appropriate | ||
services, thereby creating a disruption in learning and | ||
social-emotional development; investments in reflective | ||
supervision, professional development specific to | ||
diversity, equity and inclusion practice, culturally | ||
responsive training, implicit bias training, and how | ||
trauma experienced during the early years can manifest in | ||
challenging behaviors will create systems for serving | ||
children that are informed in developmentally appropriate | ||
and responsive supports. | ||
(4) Studies have shown that the expulsion of infants, | ||
toddlers, and young children in early care and education | ||
settings is occurring at alarmingly high rates, more than | ||
3 times that of students in K-12; further, expulsion | ||
occurs more frequently for Black children and Latinx | ||
children and more frequently for boys than for girls, with | ||
Black boys being most frequently expelled; there is | ||
evidence to show that the expulsion of Black girls is | ||
occurring with increasing frequency. | ||
(5) Illinois took its first steps toward addressing | ||
this disparity through Public Act 100-105 to prohibit | ||
expulsion due to child behavior in early care and | ||
education settings, but further work is needed to |
implement this law, including strengthening provider | ||
understanding of a successful transition and beginning to | ||
identify strategies to reduce "soft expulsions" and to | ||
ensure more young children and their teachers, providers, | ||
and caregivers, in a range of early care and education | ||
settings, can benefit from services, such as Infant/Early | ||
Childhood Mental Health Consultations (I/ECMHC) and | ||
positive behavior interventions and supports such as the | ||
Pyramid Model. | ||
(6) I/ECMHC is a critical component needed to align | ||
social-emotional well-being with the public health model | ||
of promotion, prevention, and intervention across early | ||
care and education systems. | ||
(b) The General Assembly encourages that all of the | ||
following actions be taken by: | ||
(1) the State to increase the availability of | ||
Infant/Early Childhood Mental Health Consultations | ||
(I/ECMHC) through increased funding in early childhood | ||
programs and sustainable funding for coordination of | ||
I/ECMHC and other social and emotional support at the | ||
State level; | ||
(2) the Department of Human Services (IDHS), the | ||
Illinois State Board of Education (ISBE), the Governor's | ||
Office of Early Childhood Development (GOECD), and other | ||
relevant agencies to develop and promote | ||
provider-accessible and parent-accessible materials, |
including native language, on the role and value of | ||
I/ECMHC, including targeted promotion in underserved | ||
communities, and promote the use of existing I/ECMHCs, the | ||
I/ECMHC consultant database, or other existing services; | ||
(3) the State to increase funding to promote and | ||
provide training and implementation support for systems of | ||
tiered support, such as the Pyramid Model, across early | ||
childhood settings and urge DHS, ISBE, GOECD, and other | ||
relevant State agencies to coordinate efforts and develop | ||
strategies to provide outreach to and support providers in | ||
underserved communities and communities with fewer | ||
programmatic resources; and | ||
(4) ISBE and DCFS to provide the data required by | ||
Public Act 100-105, even if the data is incomplete at the | ||
time due to data system challenges. | ||
(c) This Section is repealed on July 1, 2026. | ||
(Source: P.A. 101-654, eff. 3-8-21.) | ||
Section 90-60. The Children's Mental Health Act is amended | ||
by changing Section 5 as follows: | ||
(405 ILCS 49/5) | ||
Sec. 5. Children's Mental Health Partnership; Children's | ||
Mental Health Plan. | ||
(a) The Children's Mental Health Partnership (hereafter | ||
referred to as "the Partnership") created under Public Act |
93-495 and continued under Public Act 102-899 shall advise | ||
State agencies on designing and implementing short-term and | ||
long-term strategies to provide comprehensive and coordinated | ||
services for children from birth to age 25 and their families | ||
with the goal of addressing children's mental health needs | ||
across a full continuum of care, including social determinants | ||
of health, prevention, early identification, and treatment. | ||
The recommended strategies shall build upon the | ||
recommendations in the Children's Mental Health Plan of 2022 | ||
and may include, but are not limited to, recommendations | ||
regarding the following: | ||
(1) Increasing public awareness on issues connected to | ||
children's mental health and wellness to decrease stigma, | ||
promote acceptance, and strengthen the ability of | ||
children, families, and communities to access supports. | ||
(2) Coordination of programs, services, and policies | ||
across child-serving State agencies to best monitor and | ||
assess spending, as well as foster innovation of adaptive | ||
or new practices. | ||
(3) Funding and resources for children's mental health | ||
prevention, early identification, and treatment across | ||
child-serving State agencies. | ||
(4) Facilitation of research on best practices and | ||
model programs and dissemination of this information to | ||
State policymakers, practitioners, and the general public. | ||
(5) Monitoring programs, services, and policies |
addressing children's mental health and wellness. | ||
(6) Growing, retaining, diversifying, and supporting | ||
the child-serving workforce, with special emphasis on | ||
professional development around child and family mental | ||
health and wellness services. | ||
(7) Supporting the design, implementation, and | ||
evaluation of a quality-driven children's mental health | ||
system of care across all child services that prevents | ||
mental health concerns and mitigates trauma. | ||
(8) Improving the system to more effectively meet the | ||
emergency and residential placement needs for all children | ||
with severe mental and behavioral challenges. | ||
(b) The Partnership shall have the responsibility of | ||
developing and updating the Children's Mental Health Plan and | ||
advising the relevant State agencies on implementation of the | ||
Plan. The Children's Mental Health Partnership shall be | ||
comprised of the following members: | ||
(1) The Governor or his or her designee. | ||
(2) The Attorney General or his or her designee. | ||
(3) The Secretary of the Department of Human Services | ||
or his or her designee. | ||
(4) The State Superintendent of Education or his or | ||
her designee. | ||
(5) The Director of the Department of Children and | ||
Family Services or his or her designee. | ||
(6) The Director of the Department of Healthcare and |
Family Services or his or her designee. | ||
(7) The Director of the Department of Public Health or | ||
his or her designee. | ||
(8) The Director of the Department of Juvenile Justice | ||
or his or her designee. | ||
(9) The Secretary of Early Childhood Executive | ||
Director of the Governor's Office of Early Childhood | ||
Development or his or her designee. | ||
(10) The Director of the Criminal Justice Information | ||
Authority or his or her designee. | ||
(11) One member of the General Assembly appointed by | ||
the Speaker of the House. | ||
(12) One member of the General Assembly appointed by | ||
the President of the Senate. | ||
(13) One member of the General Assembly appointed by | ||
the Minority Leader of the Senate. | ||
(14) One member of the General Assembly appointed by | ||
the Minority Leader of the House. | ||
(15) Up to 25 representatives from the public | ||
reflecting a diversity of age, gender identity, race, | ||
ethnicity, socioeconomic status, and geographic location, | ||
to be appointed by the Governor. Those public members | ||
appointed under this paragraph must include, but are not | ||
limited to: | ||
(A) a family member or individual with lived | ||
experience in the children's mental health system; |
(B) a child advocate; | ||
(C) a community mental health expert, | ||
practitioner, or provider; | ||
(D) a representative of a statewide association | ||
representing a majority of hospitals in the State; | ||
(E) an early childhood expert or practitioner; | ||
(F) a representative from the K-12 school system; | ||
(G) a representative from the healthcare sector; | ||
(H) a substance use prevention expert or | ||
practitioner, or a representative of a statewide | ||
association representing community-based mental health | ||
substance use disorder treatment providers in the | ||
State; | ||
(I) a violence prevention expert or practitioner; | ||
(J) a representative from the juvenile justice | ||
system; | ||
(K) a school social worker; and | ||
(L) a representative of a statewide organization | ||
representing pediatricians. | ||
(16) Two co-chairs appointed by the Governor, one | ||
being a representative from the public and one being a | ||
representative from the State. | ||
The members appointed by the Governor shall be appointed | ||
for 4 years with one opportunity for reappointment, except as | ||
otherwise provided for in this subsection. Members who were | ||
appointed by the Governor and are serving on January 1, 2023 |
(the effective date of Public Act 102-899) shall maintain | ||
their appointment until the term of their appointment has | ||
expired. For new appointments made pursuant to Public Act | ||
102-899, members shall be appointed for one-year, 2-year, or | ||
4-year terms, as determined by the Governor, with no more than | ||
9 of the Governor's new or existing appointees serving the | ||
same term. Those new appointments serving a one-year or 2-year | ||
term may be appointed to 2 additional 4-year terms. If a | ||
vacancy occurs in the Partnership membership, the vacancy | ||
shall be filled in the same manner as the original appointment | ||
for the remainder of the term. | ||
The Partnership shall be convened no later than January | ||
31, 2023 to discuss the changes in Public Act 102-899. | ||
The members of the Partnership shall serve without | ||
compensation but may be entitled to reimbursement for all | ||
necessary expenses incurred in the performance of their | ||
official duties as members of the Partnership from funds | ||
appropriated for that purpose. | ||
The Partnership may convene and appoint special committees | ||
or study groups to operate under the direction of the | ||
Partnership. Persons appointed to such special committees or | ||
study groups shall only receive reimbursement for reasonable | ||
expenses. | ||
(b-5) The Partnership shall include an adjunct council | ||
comprised of no more than 6 youth aged 14 to 25 and 4 | ||
representatives of 4 different community-based organizations |
that focus on youth mental health. Of the community-based | ||
organizations that focus on youth mental health, one of the | ||
community-based organizations shall be led by an | ||
LGBTQ-identified person, one of the community-based | ||
organizations shall be led by a person of color, and one of the | ||
community-based organizations shall be led by a woman. Of the | ||
representatives appointed to the council from the | ||
community-based organizations, at least one representative | ||
shall be LGBTQ-identified, at least one representative shall | ||
be a person of color, and at least one representative shall be | ||
a woman. The council members shall be appointed by the Chair of | ||
the Partnership and shall reflect the racial, gender identity, | ||
sexual orientation, ability, socioeconomic, ethnic, and | ||
geographic diversity of the State, including rural, suburban, | ||
and urban appointees. The council shall make recommendations | ||
to the Partnership regarding youth mental health, including, | ||
but not limited to, identifying barriers to youth feeling | ||
supported by and empowered by the system of mental health and | ||
treatment providers, barriers perceived by youth in accessing | ||
mental health services, gaps in the mental health system, | ||
available resources in schools, including youth's perceptions | ||
and experiences with outreach personnel, agency websites, and | ||
informational materials, methods to destigmatize mental health | ||
services, and how to improve State policy concerning student | ||
mental health. The mental health system may include services | ||
for substance use disorders and addiction. The council shall |
meet at least 4 times annually. | ||
(c) (Blank). | ||
(d) The Illinois Children's Mental Health Partnership has | ||
the following powers and duties: | ||
(1) Conducting research assessments to determine the | ||
needs and gaps of programs, services, and policies that | ||
touch children's mental health. | ||
(2) Developing policy statements for interagency | ||
cooperation to cover all aspects of mental health | ||
delivery, including social determinants of health, | ||
prevention, early identification, and treatment. | ||
(3) Recommending policies and providing information on | ||
effective programs for delivery of mental health services. | ||
(4) Using funding from federal, State, or | ||
philanthropic partners, to fund pilot programs or research | ||
activities to resource innovative practices by | ||
organizational partners that will address children's | ||
mental health. However, the Partnership may not provide | ||
direct services. | ||
(5) Submitting an annual report, on or before December | ||
30 of each year, to the Governor and the General Assembly | ||
on the progress of the Plan, any recommendations regarding | ||
State policies, laws, or rules necessary to fulfill the | ||
purposes of the Act, and any additional recommendations | ||
regarding mental or behavioral health that the Partnership | ||
deems necessary. |
(6) Employing an Executive Director and setting the | ||
compensation of the Executive Director and other such | ||
employees and technical assistance as it deems necessary | ||
to carry out its duties under this Section. | ||
The Partnership may designate a fiscal and administrative | ||
agent that can accept funds to carry out its duties as outlined | ||
in this Section. | ||
The Department of Healthcare and Family Services shall | ||
provide technical and administrative support for the | ||
Partnership. | ||
(e) The Partnership may accept monetary gifts or grants | ||
from the federal government or any agency thereof, from any | ||
charitable foundation or professional association, or from any | ||
reputable source for implementation of any program necessary | ||
or desirable to carry out the powers and duties as defined | ||
under this Section. | ||
(f) On or before January 1, 2027, the Partnership shall | ||
submit recommendations to the Governor and General Assembly | ||
that includes recommended updates to the Act to reflect the | ||
current mental health landscape in this State. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; | ||
102-899, eff. 1-1-23; 102-1034, eff. 1-1-23; 103-154, eff. | ||
6-30-23.) | ||
Section 90-65. The Advisory Board for the Maternal and | ||
Child Health Block Grant Programs Act is amended by changing |
Section 15 as follows: | ||
(410 ILCS 221/15) | ||
Sec. 15. Advisory Board for the Maternal and Child Health | ||
Block Grant Programs. | ||
(a) The Advisory Board for the Maternal and Child Health | ||
Block Grant Programs is created within the Department to | ||
advise the Department on programs and activities related to | ||
maternal and child health in the State of Illinois. | ||
The Board shall consist of the Director's designee | ||
responsible for maternal and child health programs, who shall | ||
serve as the Chair of the Board; the Department's Title V | ||
administrator, if the Director's designee is not serving in | ||
the capacity of Title V Director at the Department; one | ||
representative each from the Department of Early Childhood, | ||
the Department of Children and Family Services, the Department | ||
of Human Services, and the Department of Healthcare and Family | ||
Services, appointed by the Director or Secretary of each | ||
Department; the Director of the University of Illinois at | ||
Chicago's Division of Specialized Care for Children; 4 members | ||
of the General Assembly, one each appointed by the President | ||
and Minority Leader of the Senate and the Speaker and Minority | ||
Leader of the House of Representatives; and 20 additional | ||
members appointed by the Director. | ||
Of the members appointed by the Director: | ||
(1) Two shall be physicians licensed to practice |
medicine in all of its branches who currently serve | ||
patients enrolled in maternal and child health programs | ||
funded by the State of Illinois, one of whom shall be an | ||
individual with a specialty in obstetrics and gynecology | ||
and one of whom shall be an individual with a specialty in | ||
pediatric medicine; | ||
(2) Sixteen shall be persons with expertise in one or | ||
more of the following areas, with no more than 3 persons | ||
from each listed area of expertise and with preference | ||
given to the areas of need identified by the most recent | ||
State needs assessment: the health of women, infants, | ||
young children, school-aged children, adolescents, and | ||
children with special health care needs; public health; | ||
epidemiology; behavioral health; nursing; social work; | ||
substance abuse prevention; juvenile justice; oral health; | ||
child development; chronic disease prevention; health | ||
promotion; and education; 5 of the 16 members shall | ||
represent organizations that provide maternal and child | ||
health services with funds from the Department; and | ||
(3) either 2 consumers who have received services | ||
through a Department-funded maternal and child health | ||
program, 2 representatives from advocacy groups that | ||
advocate on behalf of such consumers, or one such consumer | ||
and one such representative of an advocacy group. | ||
Members appointed by the Director shall be selected to | ||
represent the racial, ethnic, and geographic diversity of the |
State's population and shall include representatives of local | ||
health departments, other direct service providers, and | ||
faculty of the University of Illinois at Chicago School of | ||
Public Health Center of Excellence in Maternal and Child | ||
Health. | ||
Legislative members shall serve during their term of | ||
office in the General Assembly. Members appointed by the | ||
Director shall serve a term of 4 years or until their | ||
successors are appointed. | ||
Any member appointed to fill a vacancy occurring prior to | ||
the expiration of the term for which his or her predecessor was | ||
appointed shall be appointed for the remainder of such term. | ||
Members of the Board shall serve without compensation but | ||
shall be reimbursed for necessary expenses incurred in the | ||
performance of their duties. | ||
(b) The Board shall advise the Director on improving the | ||
well-being of mothers, fathers, infants, children, families, | ||
and adults, considering both physical and social determinants | ||
of health, and using a life-span approach to health promotion | ||
and disease prevention in the State of Illinois. In addition, | ||
the Board shall review and make recommendations to the | ||
Department and the Governor in regard to the system for | ||
maternal and child health programs, collaboration, and | ||
interrelation between and delivery of programs, both within | ||
the Department and with related programs in other departments. | ||
In performing its duties, the Board may hold hearings |
throughout the State and advise and receive advice from any | ||
local advisory bodies created to address maternal and child | ||
health. | ||
(c) The Board may offer recommendations and feedback | ||
regarding the development of the State's annual Maternal and | ||
Child Health Services Block Grant application and report as | ||
well as the periodic needs assessment. | ||
(Source: P.A. 99-901, eff. 8-26-16.) | ||
ARTICLE 95. CHILD CARE ACT OF 1969 AMENDMENTS | ||
(225 ILCS 10/2.11 rep.) | ||
Section 95-5. The Child Care Act of 1969 is amended by | ||
repealing Section 2.11. | ||
Section 95-10. The Child Care Act of 1969 is amended by | ||
changing Sections 2.09, 3, 4, 4.1, 4.3, 4.4, 4.5, 5, 5.1, 5.2, | ||
5.8, 5.9, 5.10, 5.11, 6, 7, 7.2, 7.10, 8, 8.1, 8.2, 8.5, 9, | ||
9.1, 9.1c, 9.2, 10, 11, 11.1, 11.2, 12, 15, 16, 17, and 18 and | ||
by adding Sections 3.01, 4.01, 4.2a, 4.3a, 4.4a, 5.01, 5.1a, | ||
5.2a, 6.1, 7.01, 8a, 8.1a, 8.2a, 8.6, 9.01, 11.1a, 11.3, 12.1, | ||
15.1, 16.1, and 18.1 as follows: | ||
(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09) | ||
Sec. 2.09. "Day care center" means any child care facility | ||
which regularly provides day care for less than 24 hours per |
day for (1) more than 8 children in a family home, or (2) more | ||
than 3 children in a facility other than a family home, | ||
including senior citizen buildings. | ||
The term does not include: | ||
(a) programs operated by (i) public or private | ||
elementary school systems or secondary level school units | ||
or institutions of higher learning that serve children who | ||
shall have attained the age of 3 years or (ii) private | ||
entities on the grounds of public or private elementary or | ||
secondary schools and that serve children who have | ||
attained the age of 3 years, except that this exception | ||
applies only to the facility and not to the private | ||
entities' personnel operating the program; | ||
(b) programs or that portion of the program which | ||
serves children who shall have attained the age of 3 years | ||
and which are recognized by the State Board of Education; | ||
(c) educational program or programs serving children | ||
who shall have attained the age of 3 years and which are | ||
operated by a school which is registered with the State | ||
Board of Education and which is recognized or accredited | ||
by a recognized national or multistate educational | ||
organization or association which regularly recognizes or | ||
accredits schools; | ||
(d) programs which exclusively serve or that portion | ||
of the program which serves children with disabilities who | ||
shall have attained the age of 3 years but are less than 21 |
years of age and which are registered and approved as | ||
meeting standards of the State Board of Education and | ||
applicable fire marshal standards; | ||
(e) facilities operated in connection with a shopping | ||
center or service, religious services, or other similar | ||
facility, where transient children are cared for | ||
temporarily while parents or custodians of the children | ||
are occupied on the premises and readily available; | ||
(f) any type of day care center that is conducted on | ||
federal government premises; | ||
(g) special activities programs, including athletics, | ||
recreation, crafts instruction, and similar activities | ||
conducted on an organized and periodic basis by civic, | ||
charitable and governmental organizations, including, but | ||
not limited to, programs offered by park districts | ||
organized under the Park District Code to children who | ||
shall have attained the age of 3 years old if the program | ||
meets no more than 3.5 continuous hours at a time or less | ||
and no more than 25 hours during any week, and the park | ||
district conducts background investigations on employees | ||
of the program pursuant to Section 8-23 of the Park | ||
District Code; | ||
(h) part day child care facilities, as defined in | ||
Section 2.10 of this Act; | ||
(i) programs or that portion of the program which: | ||
(1) serves children who shall have attained the |
age of 3 years; | ||
(2) is operated by churches or religious | ||
institutions as described in Section 501(c)(3) of the | ||
federal Internal Revenue Code; | ||
(3) receives no governmental aid; | ||
(4) is operated as a component of a religious, | ||
nonprofit elementary school; | ||
(5) operates primarily to provide religious | ||
education; and | ||
(6) meets appropriate State or local health and | ||
fire safety standards; or | ||
(j) programs or portions of programs that: | ||
(1) serve only school-age children and youth | ||
(defined as full-time kindergarten children, as | ||
defined in 89 Ill. Adm. Code 407.45, or older); | ||
(2) are organized to promote childhood learning, | ||
child and youth development, educational or | ||
recreational activities, or character-building; | ||
(3) operate primarily during out-of-school time or | ||
at times when school is not normally in session; | ||
(4) comply with the standards of the Illinois | ||
Department of Public Health (77 Ill. Adm. Code 750) or | ||
the local health department, the Illinois State Fire | ||
Marshal (41 Ill. Adm. Code 100), and the following | ||
additional health and safety requirements: procedures | ||
for employee and volunteer emergency preparedness and |
practice drills; procedures to ensure that first aid | ||
kits are maintained and ready to use; the placement of | ||
a minimum level of liability insurance as determined | ||
by the Department; procedures for the availability of | ||
a working telephone that is onsite and accessible at | ||
all times; procedures to ensure that emergency phone | ||
numbers are posted onsite; and a restriction on | ||
handgun or weapon possession onsite, except if | ||
possessed by a peace officer; | ||
(5) perform and maintain authorization and results | ||
of criminal history checks through the Illinois State | ||
Police and FBI and checks of the Illinois Sex Offender | ||
Registry, the National Sex Offender Registry, and | ||
Child Abuse and Neglect Tracking System for employees | ||
and volunteers who work directly with children; | ||
(6) make hiring decisions in accordance with the | ||
prohibitions against barrier crimes as specified in | ||
Section 4.2 of this Act or in Section 21B-80 of the | ||
School Code; | ||
(7) provide parents with written disclosure that | ||
the operations of the program are not regulated by | ||
licensing requirements; and | ||
(8) obtain and maintain records showing the first | ||
and last name and date of birth of the child, name, | ||
address, and telephone number of each parent, | ||
emergency contact information, and written |
authorization for medical care. | ||
Programs or portions of programs requesting Child Care | ||
Assistance Program (CCAP) funding and otherwise meeting the | ||
requirements under item (j) shall request exemption from the | ||
Department and be determined exempt prior to receiving funding | ||
and must annually meet the eligibility requirements and be | ||
appropriate for payment under the CCAP. | ||
Programs or portions of programs under item (j) that do | ||
not receive State or federal funds must comply with staff | ||
qualification and training standards established by rule by | ||
the Department of Human Services. The Department of Human | ||
Services shall set such standards after review of Afterschool | ||
for Children and Teens Now (ACT Now) evidence-based quality | ||
standards developed for school-age out-of-school time | ||
programs, feedback from the school-age out-of-school time | ||
program professionals, and review of out-of-school time | ||
professional development frameworks and quality tools. | ||
Out-of-school time programs for school-age youth that | ||
receive State or federal funds must comply with only those | ||
staff qualifications and training standards set for the | ||
program by the State or federal entity issuing the funds. | ||
For purposes of items (a), (b), (c), (d), and (i) of this | ||
Section, "children who shall have attained the age of 3 years" | ||
shall mean children who are 3 years of age, but less than 4 | ||
years of age, at the time of enrollment in the program. | ||
(Source: P.A. 103-153, eff. 6-30-23.) |
(225 ILCS 10/3) (from Ch. 23, par. 2213) | ||
Sec. 3. (a) No person, group of persons or corporation may | ||
operate or conduct any facility for child care, as defined in | ||
this Act, without a license or permit issued by the Department | ||
or without being approved by the Department as meeting the | ||
standards established for such licensing, with the exception | ||
of facilities for whom standards are established by the | ||
Department of Corrections under Section 3-15-2 of the Unified | ||
Code of Corrections and with the exception of facilities | ||
defined in Section 2.10 of this Act, and with the exception of | ||
programs or facilities licensed by the Department of Human | ||
Services under the Substance Use Disorder Act , and with the | ||
exception of day care centers, day care homes, and group day | ||
care homes . | ||
(b) (Blank) No part day child care facility as described | ||
in Section 2.10 may operate without written notification to | ||
the Department or without complying with Section 7.1. | ||
Notification shall include a notarized statement by the | ||
facility that the facility complies with state or local health | ||
standards and state fire safety standards, and shall be filed | ||
with the department every 2 years . | ||
(c) (Blank) The Director of the Department shall establish | ||
policies and coordinate activities relating to child care | ||
licensing, licensing of day care homes and day care centers . | ||
(d) Any facility or agency which is exempt from licensing |
may apply for licensing if licensing is required for some | ||
government benefit. | ||
(e) (Blank) A provider of day care described in items (a) | ||
through (j) of Section 2.09 of this Act is exempt from | ||
licensure. The Department shall provide written verification | ||
of exemption and description of compliance with standards for | ||
the health, safety, and development of the children who | ||
receive the services upon submission by the provider of, in | ||
addition to any other documentation required by the | ||
Department, a notarized statement that the facility complies | ||
with: (1) the standards of the Department of Public Health or | ||
local health department, (2) the fire safety standards of the | ||
State Fire Marshal, and (3) if operated in a public school | ||
building, the health and safety standards of the State Board | ||
of Education . | ||
(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19 .) | ||
(225 ILCS 10/3.01 new) | ||
Sec. 3.01. License or permit; Department of Early | ||
Childhood. | ||
(a) No person, group of persons or corporation may operate | ||
or conduct any day care center, day care home, or group day | ||
care home without a license or permit issued by the Department | ||
of Early Childhood or without being approved by the Department | ||
of Early Childhood meeting the standards established for such | ||
licensing, with the exception of facilities for whom standards |
are established by the Department of Corrections under Section | ||
3-15-2 of the Unified Code of Corrections and with the | ||
exception of facilities defined in Section 2.10 of this Act, | ||
and with the exception of programs or facilities licensed by | ||
the Department of Human Services under the Substance Use | ||
Disorder Act. | ||
(b) No part day child care facility as described in | ||
Section 2.10 may operate without written notification to the | ||
Department of Early Childhood or without complying with | ||
Section 7.1. Notification shall include a notarized statement | ||
by the facility that the facility complies with state or local | ||
health standards and state fire safety standards, and shall be | ||
filed with the Department every 2 years. | ||
(c) The Secretary of Early Childhood shall establish | ||
policies and coordinate activities relating to licensing of | ||
day care centers, group day care homes, and day care homes. | ||
(d) Any facility or agency which is exempt from licensing | ||
may apply for licensing if licensing is required for some | ||
government benefit. | ||
(e) A provider of day care described in items (a) through | ||
(j) of Section 2.09 of this Act is exempt from licensure. The | ||
Department of Early Childhood shall provide written | ||
verification of exemption and description of compliance with | ||
standards for the health, safety, and development of the | ||
children who receive the services upon submission by the | ||
provider of, in addition to any other documentation required |
by the Department of Early Childhood, a notarized statement | ||
that the facility complies with: (1) the standards of the | ||
Department of Public Health or local health department, (2) | ||
the fire safety standards of the State Fire Marshal, and (3) if | ||
operated in a public school building, the health and safety | ||
standards of the State Board of Education. | ||
(225 ILCS 10/4) (from Ch. 23, par. 2214) | ||
Sec. 4. License requirement; application; notice ; | ||
Department of Children and Family Services . | ||
(a) Any person, group of persons or corporation who or | ||
which receives children or arranges for care or placement of | ||
one or more children unrelated to the operator must apply for a | ||
license to operate one of the types of facilities defined in | ||
Sections 2.05 through 2.19 (other than a day care center or day | ||
care home) and in Section 2.22 of this Act. Any relative, as | ||
defined in Section 2.17 of this Act, who receives a child or | ||
children for placement by the Department on a full-time basis | ||
may apply for a license to operate a foster family home as | ||
defined in Section 2.17 of this Act. | ||
(a-5) Any agency, person, group of persons, association, | ||
organization, corporation, institution, center, or group | ||
providing adoption services must be licensed by the Department | ||
as a child welfare agency as defined in Section 2.08 of this | ||
Act. "Providing adoption services" as used in this Act, | ||
includes facilitating or engaging in adoption services. |
(b) Application for a license to operate a child care | ||
facility (other than a day care center, day care home, or group | ||
day care home) must be made to the Department in the manner and | ||
on forms prescribed by it. An application to operate a foster | ||
family home shall include, at a minimum: a completed written | ||
form; written authorization by the applicant and all adult | ||
members of the applicant's household to conduct a criminal | ||
background investigation; medical evidence in the form of a | ||
medical report, on forms prescribed by the Department, that | ||
the applicant and all members of the household are free from | ||
communicable diseases or physical and mental conditions that | ||
affect their ability to provide care for the child or | ||
children; the names and addresses of at least 3 persons not | ||
related to the applicant who can attest to the applicant's | ||
moral character; the name and address of at least one relative | ||
who can attest to the applicant's capability to care for the | ||
child or children; and fingerprints submitted by the applicant | ||
and all adult members of the applicant's household. | ||
(b-5) Prior to submitting an application for a foster | ||
family home license, a quality of care concerns applicant as | ||
defined in Section 2.22a of this Act must submit a preliminary | ||
application to the Department in the manner and on forms | ||
prescribed by it. The Department shall explain to the quality | ||
of care concerns applicant the grounds for requiring a | ||
preliminary application. The preliminary application shall | ||
include a list of (i) all children placed in the home by the |
Department who were removed by the Department for reasons | ||
other than returning to a parent and the circumstances under | ||
which they were removed and (ii) all children placed by the | ||
Department who were subsequently adopted by or placed in the | ||
private guardianship of the quality of care concerns applicant | ||
who are currently under 18 and who no longer reside in the home | ||
and the reasons why they no longer reside in the home. The | ||
preliminary application shall also include, if the quality of | ||
care concerns applicant chooses to submit, (1) a response to | ||
the quality of care concerns, including any reason the | ||
concerns are invalid, have been addressed or ameliorated, or | ||
no longer apply and (2) affirmative documentation | ||
demonstrating that the quality of care concerns applicant's | ||
home does not pose a risk to children and that the family will | ||
be able to meet the physical and emotional needs of children. | ||
The Department shall verify the information in the preliminary | ||
application and review (i) information regarding any prior | ||
licensing complaints, (ii) information regarding any prior | ||
child abuse or neglect investigations, (iii) information | ||
regarding any involuntary foster home holds placed on the home | ||
by the Department, and (iv) information regarding all child | ||
exit interviews, as provided in Section 5.26 of the Children | ||
and Family Services Act, regarding the home. Foster home | ||
applicants with quality of care concerns are presumed | ||
unsuitable for future licensure. | ||
Notwithstanding the provisions of this subsection (b-5), |
the Department may make an exception and issue a foster family | ||
license to a quality of care concerns applicant if the | ||
Department is satisfied that the foster family home does not | ||
pose a risk to children and that the foster family will be able | ||
to meet the physical and emotional needs of children. In | ||
making this determination, the Department must obtain and | ||
carefully review all relevant documents and shall obtain | ||
consultation from its Clinical Division as appropriate and as | ||
prescribed by Department rule and procedure. The Department | ||
has the authority to deny a preliminary application based on | ||
the record of quality of care concerns of the foster family | ||
home. In the alternative, the Department may (i) approve the | ||
preliminary application, (ii) approve the preliminary | ||
application subject to obtaining additional information or | ||
assessments, or (iii) approve the preliminary application for | ||
purposes of placing a particular child or children only in the | ||
foster family home. If the Department approves a preliminary | ||
application, the foster family shall submit an application for | ||
licensure as described in subsection (b) of this Section. The | ||
Department shall notify the quality of care concerns applicant | ||
of its decision and the basis for its decision in writing. | ||
(c) The Department shall notify the public when a child | ||
care institution, maternity center, or group home licensed by | ||
the Department undergoes a change in (i) the range of care or | ||
services offered at the facility, (ii) the age or type of | ||
children served, or (iii) the area within the facility used by |
children. The Department shall notify the public of the change | ||
in a newspaper of general circulation in the county or | ||
municipality in which the applicant's facility is or is | ||
proposed to be located. | ||
(d) If, upon examination of the facility and investigation | ||
of persons responsible for care of children and, in the case of | ||
a foster home, taking into account information obtained for | ||
purposes of evaluating a preliminary application, if | ||
applicable, the Department is satisfied that the facility and | ||
responsible persons reasonably meet standards prescribed for | ||
the type of facility for which application is made, it shall | ||
issue a license in proper form, designating on that license | ||
the type of child care facility and, except for a child welfare | ||
agency, the number of children to be served at any one time. | ||
(e) The Department shall not issue or renew the license of | ||
any child welfare agency providing adoption services, unless | ||
the agency (i) is officially recognized by the United States | ||
Internal Revenue Service as a tax-exempt organization | ||
described in Section 501(c)(3) of the Internal Revenue Code of | ||
1986 (or any successor provision of federal tax law) and (ii) | ||
is in compliance with all of the standards necessary to | ||
maintain its status as an organization described in Section | ||
501(c)(3) of the Internal Revenue Code of 1986 (or any | ||
successor provision of federal tax law). The Department shall | ||
grant a grace period of 24 months from the effective date of | ||
this amendatory Act of the 94th General Assembly for existing |
child welfare agencies providing adoption services to obtain | ||
501(c)(3) status. The Department shall permit an existing | ||
child welfare agency that converts from its current structure | ||
in order to be recognized as a 501(c)(3) organization as | ||
required by this Section to either retain its current license | ||
or transfer its current license to a newly formed entity, if | ||
the creation of a new entity is required in order to comply | ||
with this Section, provided that the child welfare agency | ||
demonstrates that it continues to meet all other licensing | ||
requirements and that the principal officers and directors and | ||
programs of the converted child welfare agency or newly | ||
organized child welfare agency are substantially the same as | ||
the original. The Department shall have the sole discretion to | ||
grant a one year extension to any agency unable to obtain | ||
501(c)(3) status within the timeframe specified in this | ||
subsection (e), provided that such agency has filed an | ||
application for 501(c)(3) status with the Internal Revenue | ||
Service within the 2-year timeframe specified in this | ||
subsection (e). | ||
(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23 .) | ||
(225 ILCS 10/4.01 new) | ||
Sec. 4.01. License requirement; application; notice; | ||
Department of Early Childhood. | ||
(a) Any person, group of persons or corporation who or | ||
which receives children or arranges for care of one or more |
children unrelated to the operator must apply for a license to | ||
operate one of the types of facilities defined in Sections | ||
2.09, 2.18, and 2.20. | ||
(b) Application for a license to operate a day care | ||
center, day care home, or group day care home must be made to | ||
the Department of Early Childhood in the manner and on forms | ||
prescribed by it. | ||
(c) If, upon examination of the facility and investigation | ||
of persons responsible for care of children, the Department of | ||
Early Childhood is satisfied that the facility and responsible | ||
persons reasonably meet standards prescribed for the type of | ||
facility for which application is made, it shall issue a | ||
license in proper form, designating on that license the type | ||
of child care facility and the number of children to be served | ||
at any one time. | ||
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1) | ||
Sec. 4.1. Criminal background investigations. The | ||
Department of Children and Family Services or the Department | ||
of Early Childhood shall require that each child care facility | ||
license applicant under the agencies' respective authority as | ||
part of the application process, and each employee and | ||
volunteer of a child care facility or non-licensed service | ||
provider, as a condition of employment, authorize an | ||
investigation to determine if such applicant, employee, or | ||
volunteer has ever been charged with a crime and if so, the |
disposition of those charges; this authorization shall | ||
indicate the scope of the inquiry and the agencies which may be | ||
contacted. Upon this authorization, the Director shall request | ||
and receive information and assistance from any federal, State | ||
or local governmental agency as part of the authorized | ||
investigation. Each applicant, employee, or volunteer of a | ||
child care facility or non-licensed service provider shall | ||
submit the applicant's, employee's, or volunteer's | ||
fingerprints to the Illinois State Police in the form and | ||
manner prescribed by the Illinois State Police. These | ||
fingerprints shall be checked against the fingerprint records | ||
now and hereafter filed in the Illinois State Police and | ||
Federal Bureau of Investigation criminal history records | ||
databases. The Illinois State Police shall charge a fee for | ||
conducting the criminal history records check, which shall be | ||
deposited in the State Police Services Fund and shall not | ||
exceed the actual cost of the records check. The Illinois | ||
State Police shall provide information concerning any criminal | ||
charges, and their disposition, now or hereafter filed, | ||
against an applicant, employee, or volunteer of a child care | ||
facility or non-licensed service provider upon request of the | ||
Department of Children and Family Services or the Department | ||
of Early Childhood when the request is made in the form and | ||
manner required by the Illinois State Police. | ||
Information concerning convictions of a license applicant, | ||
employee, or volunteer of a child care facility or |
non-licensed service provider investigated under this Section, | ||
including the source of the information and any conclusions or | ||
recommendations derived from the information, shall be | ||
provided, upon request, to such applicant, employee, or | ||
volunteer of a child care facility or non-licensed service | ||
provider prior to final action by the Department of Children | ||
and Family Services or the Department of Early Childhood under | ||
the agencies' respective authority on the application. State | ||
conviction information provided by the Illinois State Police | ||
regarding employees, prospective employees, or volunteers of | ||
non-licensed service providers and child care facilities | ||
licensed under this Act shall be provided to the operator of | ||
such facility, and, upon request, to the employee, prospective | ||
employee, or volunteer of a child care facility or | ||
non-licensed service provider. Any information concerning | ||
criminal charges and the disposition of such charges obtained | ||
by the Department of Children and Family Services or the | ||
Department of Early Childhood shall be confidential and may | ||
not be transmitted outside the Department of Children and | ||
Family Services or the Department of Early Childhood , except | ||
as required herein, and may not be transmitted to anyone | ||
within the Department of Children and Family Services or the | ||
Department of Early Childhood except as needed for the purpose | ||
of evaluating an application or an employee or volunteer of a | ||
child care facility or non-licensed service provider. Only | ||
information and standards which bear a reasonable and rational |
relation to the performance of a child care facility shall be | ||
used by the Department of Children and Family Services or the | ||
Department of Early Childhood or any licensee. Any employee of | ||
the Department of Children and Family Services, Department of | ||
Early Childhood, Illinois State Police, or a child care | ||
facility receiving confidential information under this Section | ||
who gives or causes to be given any confidential information | ||
concerning any criminal convictions of an applicant, employee, | ||
or volunteer of a child care facility or non-licensed service | ||
provider, shall be guilty of a Class A misdemeanor unless | ||
release of such information is authorized by this Section. | ||
A child care facility may hire, on a probationary basis, | ||
any employee or volunteer of a child care facility or | ||
non-licensed service provider authorizing a criminal | ||
background investigation under this Section, pending the | ||
result of such investigation. Employees and volunteers of a | ||
child care facility or non-licensed service provider shall be | ||
notified prior to hiring that such employment may be | ||
terminated on the basis of criminal background information | ||
obtained by the facility. | ||
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.) | ||
(225 ILCS 10/4.2a new) | ||
Sec. 4.2a. License eligibility; Department of Early | ||
Childhood. | ||
(a) No applicant may receive a license from the Department |
of Early Childhood and no person may be employed by a licensed | ||
child care facility who refuses to authorize an investigation | ||
as required by Section 4.1. | ||
(b) In addition to the other provisions of this Section, | ||
no applicant may receive a license from the Department of | ||
Early Childhood and no person may be employed by a child care | ||
facility licensed by the Department of Early Childhood who has | ||
been declared a sexually dangerous person under the Sexually | ||
Dangerous Persons Act, or convicted of committing or | ||
attempting to commit any of the following offenses stipulated | ||
under the Criminal Code of 1961 or the Criminal Code of 2012: | ||
(1) murder; | ||
(1.1) solicitation of murder; | ||
(1.2) solicitation of murder for hire; | ||
(1.3) intentional homicide of an unborn child; | ||
(1.4) voluntary manslaughter of an unborn child; | ||
(1.5) involuntary manslaughter; | ||
(1.6) reckless homicide; | ||
(1.7) concealment of a homicidal death; | ||
(1.8) involuntary manslaughter of an unborn child; | ||
(1.9) reckless homicide of an unborn child; | ||
(1.10) drug-induced homicide; | ||
(2) a sex offense under Article 11, except offenses | ||
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, | ||
11-40, and 11-45; | ||
(3) kidnapping; |
(3.1) aggravated unlawful restraint; | ||
(3.2) forcible detention; | ||
(3.3) harboring a runaway; | ||
(3.4) aiding and abetting child abduction; | ||
(4) aggravated kidnapping; | ||
(5) child abduction; | ||
(6) aggravated battery of a child as described in | ||
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; | ||
(7) criminal sexual assault; | ||
(8) aggravated criminal sexual assault; | ||
(8.1) predatory criminal sexual assault of a child; | ||
(9) criminal sexual abuse; | ||
(10) aggravated sexual abuse; | ||
(11) heinous battery as described in Section 12-4.1 or | ||
subdivision (a)(2) of Section 12-3.05; | ||
(12) aggravated battery with a firearm as described in | ||
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||
(e)(4) of Section 12-3.05; | ||
(13) tampering with food, drugs, or cosmetics; | ||
(14) drug induced infliction of great bodily harm as | ||
described in Section 12-4.7 or subdivision (g)(1) of | ||
Section 12-3.05; | ||
(15) hate crime; | ||
(16) stalking; | ||
(17) aggravated stalking; | ||
(18) threatening public officials; |
(19) home invasion; | ||
(20) vehicular invasion; | ||
(21) criminal transmission of HIV; | ||
(22) criminal abuse or neglect of an elderly person or | ||
person with a disability as described in Section 12-21 or | ||
subsection (e) of Section 12-4.4a; | ||
(23) child abandonment; | ||
(24) endangering the life or health of a child; | ||
(25) ritual mutilation; | ||
(26) ritualized abuse of a child; | ||
(27) an offense in any other jurisdiction the elements | ||
of which are similar and bear a substantial relationship | ||
to any of the foregoing offenses. | ||
(b-1) In addition to the other provisions of this Section, | ||
beginning January 1, 2004, no new applicant and, on the date of | ||
licensure renewal, no current licensee may operate or receive | ||
a license from the Department of Early Childhood to operate, | ||
no person may be employed by, and no adult person may reside in | ||
a child care facility licensed by the Department of Early | ||
Childhood who has been convicted of committing or attempting | ||
to commit any of the following offenses or an offense in any | ||
other jurisdiction the elements of which are similar and bear | ||
a substantial relationship to any of the following offenses: | ||
(I) BODILY HARM | ||
(1) Felony aggravated assault. |
(2) Vehicular endangerment. | ||
(3) Felony domestic battery. | ||
(4) Aggravated battery. | ||
(5) Heinous battery. | ||
(6) Aggravated battery with a firearm. | ||
(7) Aggravated battery of an unborn child. | ||
(8) Aggravated battery of a senior citizen. | ||
(9) Intimidation. | ||
(10) Compelling organization membership of persons. | ||
(11) Abuse and criminal neglect of a long term care | ||
facility resident. | ||
(12) Felony violation of an order of protection. | ||
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY | ||
(1) Felony unlawful use of weapons. | ||
(2) Aggravated discharge of a firearm. | ||
(3) Reckless discharge of a firearm. | ||
(4) Unlawful use of metal piercing bullets. | ||
(5) Unlawful sale or delivery of firearms on the | ||
premises of any school. | ||
(6) Disarming a police officer. | ||
(7) Obstructing justice. | ||
(8) Concealing or aiding a fugitive. | ||
(9) Armed violence. | ||
(10) Felony contributing to the criminal delinquency | ||
of a juvenile. |
(III) DRUG OFFENSES | ||
(1) Possession of more than 30 grams of cannabis. | ||
(2) Manufacture of more than 10 grams of cannabis. | ||
(3) Cannabis trafficking. | ||
(4) Delivery of cannabis on school grounds. | ||
(5) Unauthorized production of more than 5 cannabis | ||
sativa plants. | ||
(6) Calculated criminal cannabis conspiracy. | ||
(7) Unauthorized manufacture or delivery of controlled | ||
substances. | ||
(8) Controlled substance trafficking. | ||
(9) Manufacture, distribution, or advertisement of | ||
look-alike substances. | ||
(10) Calculated criminal drug conspiracy. | ||
(11) Street gang criminal drug conspiracy. | ||
(12) Permitting unlawful use of a building. | ||
(13) Delivery of controlled, counterfeit, or | ||
look-alike substances to persons under age 18, or at truck | ||
stops, rest stops, or safety rest areas, or on school | ||
property. | ||
(14) Using, engaging, or employing persons under 18 to | ||
deliver controlled, counterfeit, or look-alike substances. | ||
(15) Delivery of controlled substances. | ||
(16) Sale or delivery of drug paraphernalia. | ||
(17) Felony possession, sale, or exchange of |
instruments adapted for use of a controlled substance, | ||
methamphetamine, or cannabis by subcutaneous injection. | ||
(18) Felony possession of a controlled substance. | ||
(19) Any violation of the Methamphetamine Control and | ||
Community Protection Act. | ||
(b-1.5) In addition to any other provision of this | ||
Section, for applicants with access to confidential financial | ||
information or who submit documentation to support billing, | ||
the Department of Early Childhood may, in its discretion, deny | ||
or refuse to renew a license to an applicant who has been | ||
convicted of committing or attempting to commit any of the | ||
following felony offenses: | ||
(1) financial institution fraud under Section 17-10.6 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012; | ||
(2) identity theft under Section 16-30 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012; | ||
(3) financial exploitation of an elderly person or a | ||
person with a disability under Section 17-56 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; | ||
(4) computer tampering under Section 17-51 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; | ||
(5) aggravated computer tampering under Section 17-52 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012; | ||
(6) computer fraud under Section 17-50 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012; | ||
(7) deceptive practices under Section 17-1 of the |
Criminal Code of 1961 or the Criminal Code of 2012; | ||
(8) forgery under Section 17-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012; | ||
(9) State benefits fraud under Section 17-6 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; | ||
(10) mail fraud and wire fraud under Section 17-24 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012; | ||
(11) theft under paragraphs (1.1) through (11) of | ||
subsection (b) of Section 16-1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012. | ||
(b-2) Notwithstanding subsection (b-1), the Department of | ||
Early Childhood may make an exception and, for a day care | ||
center, day care home, or group day care home, issue a new | ||
child care facility license to or renew the existing child | ||
care facility license of an applicant, a person employed by a | ||
child care facility, or an applicant who has an adult residing | ||
in a home child care facility who was convicted of an offense | ||
described in subsection (b-1), provided that all of the | ||
following requirements are met: | ||
(1) The relevant criminal offense occurred more than 5 | ||
years prior to the date of application or renewal, except | ||
for drug offenses. The relevant drug offense must have | ||
occurred more than 10 years prior to the date of | ||
application or renewal, unless the applicant passed a drug | ||
test, arranged and paid for by the child care facility, no | ||
less than 5 years after the offense. |
(2) The Department of Early Childhood must conduct a | ||
background check and assess all convictions and | ||
recommendations of the child care facility to determine if | ||
hiring or licensing the applicant is in accordance with | ||
Department of Early Childhood administrative rules and | ||
procedures. | ||
(3) The applicant meets all other requirements and | ||
qualifications to be licensed as the pertinent type of | ||
child care facility under this Act and the Department of | ||
Early Childhood administrative rules. | ||
(c) In evaluating the exception pursuant to subsection | ||
(b-2), the Department of Early Childhood must carefully review | ||
any relevant documents to determine whether the applicant, | ||
despite the disqualifying convictions, poses a substantial | ||
risk to State resources or clients. In making such a | ||
determination, the following guidelines shall be used: | ||
(1) the age of the applicant when the offense was | ||
committed; | ||
(2) the circumstances surrounding the offense; | ||
(3) the length of time since the conviction; | ||
(4) the specific duties and responsibilities | ||
necessarily related to the license being applied for and | ||
the bearing, if any, that the applicant's conviction | ||
history may have on the applicant's fitness to perform | ||
these duties and responsibilities; | ||
(5) the applicant's employment references; |
(6) the applicant's character references and any | ||
certificates of achievement; | ||
(7) an academic transcript showing educational | ||
attainment since the disqualifying conviction; | ||
(8) a Certificate of Relief from Disabilities or | ||
Certificate of Good Conduct; and | ||
(9) anything else that speaks to the applicant's | ||
character. | ||
(225 ILCS 10/4.3) (from Ch. 23, par. 2214.3) | ||
Sec. 4.3. Child Abuse and Neglect Reports. All child care | ||
facility license applicants (other than a day care center, day | ||
care home, or group day care home) and all current and | ||
prospective employees of a child care facility (other than a | ||
day care center, day care home, or group day care home) who | ||
have any possible contact with children in the course of their | ||
duties, as a condition of such licensure or employment, shall | ||
authorize in writing on a form prescribed by the Department an | ||
investigation of the Central Register, as defined in the | ||
Abused and Neglected Child Reporting Act, to ascertain if such | ||
applicant or employee has been determined to be a perpetrator | ||
in an indicated report of child abuse or neglect. | ||
All child care facilities (other than a day care center, | ||
day care home, or group day care home) as a condition of | ||
licensure pursuant to this Act shall maintain such information | ||
which demonstrates that all current employees and other |
applicants for employment who have any possible contact with | ||
children in the course of their duties have authorized an | ||
investigation of the Central Register as hereinabove required. | ||
Only those current or prospective employees who will have no | ||
possible contact with children as part of their present or | ||
prospective employment may be excluded from provisions | ||
requiring authorization of an investigation. | ||
Such information concerning a license applicant, employee | ||
or prospective employee obtained by the Department shall be | ||
confidential and exempt from public inspection and copying as | ||
provided under Section 7 of The Freedom of Information Act, | ||
and such information shall not be transmitted outside the | ||
Department, except as provided in the Abused and Neglected | ||
Child Reporting Act, and shall not be transmitted to anyone | ||
within the Department except as provided in the Abused and | ||
Neglected Child Reporting Act, and shall not be transmitted to | ||
anyone within the Department except as needed for the purposes | ||
of evaluation of an application for licensure or for | ||
consideration by a child care facility of an employee. Any | ||
employee of the Department of Children and Family Services | ||
under this Section who gives or causes to be given any | ||
confidential information concerning any child abuse or neglect | ||
reports about a child care facility applicant, child care | ||
facility employee, shall be guilty of a Class A misdemeanor, | ||
unless release of such information is authorized by Section | ||
11.1 of the Abused and Neglected Child Reporting Act. |
Additionally, any licensee who is informed by the | ||
Department of Children and Family Services, pursuant to | ||
Section 7.4 of the Abused and Neglected Child Reporting Act, | ||
approved June 26, 1975, as amended, that a formal | ||
investigation has commenced relating to an employee of the | ||
child care facility or any other person in frequent contact | ||
with children at the facility, shall take reasonable action | ||
necessary to insure that the employee or other person is | ||
restricted during the pendency of the investigation from | ||
contact with children whose care has been entrusted to the | ||
facility. | ||
When a foster family home is the subject of an indicated | ||
report under the Abused and Neglected Child Reporting Act, the | ||
Department of Children and Family Services must immediately | ||
conduct a re-examination of the foster family home to evaluate | ||
whether it continues to meet the minimum standards for | ||
licensure. The re-examination is separate and apart from the | ||
formal investigation of the report. The Department must | ||
establish a schedule for re-examination of the foster family | ||
home mentioned in the report at least once a year. | ||
(Source: P.A. 91-557, eff. 1-1-00.) | ||
(225 ILCS 10/4.3a new) | ||
Sec. 4.3a. Child Abuse and Neglect Reports; Department of | ||
Early Childhood. All child care facility license applicants | ||
and all current and prospective employees of a day care |
center, day care home, or group day care home who have any | ||
possible contact with children in the course of their duties, | ||
as a condition of such licensure or employment, shall | ||
authorize in writing on a form prescribed by the Department of | ||
Early Childhood an investigation of the Central Register, as | ||
defined in the Abused and Neglected Child Reporting Act, to | ||
ascertain if such applicant or employee has been determined to | ||
be a perpetrator in an indicated report of child abuse or | ||
neglect. All child care facilities as a condition of licensure | ||
pursuant to this Act shall maintain such information which | ||
demonstrates that all current employees and other applicants | ||
for employment who have any possible contact with children in | ||
the course of their duties have authorized an investigation of | ||
the Central Register as hereinabove required. Only those | ||
current or prospective employees who will have no possible | ||
contact with children as part of their present or prospective | ||
employment may be excluded from provisions requiring | ||
authorization of an investigation. Such information concerning | ||
a license applicant, employee or prospective employee obtained | ||
by the Department of Early Childhood shall be confidential and | ||
exempt from public inspection and copying as provided under | ||
Section 7 of The Freedom of Information Act, and such | ||
information shall not be transmitted outside the Department of | ||
Early Childhood, except as provided in the Abused and | ||
Neglected Child Reporting Act, and shall not be transmitted to | ||
anyone within the Department of Early Childhood except as |
provided in the Abused and Neglected Child Reporting Act, and | ||
shall not be transmitted to anyone within the Department of | ||
Early Childhood except as needed for the purposes of | ||
evaluation of an application for licensure or for | ||
consideration by a child care facility of an employee. Any | ||
employee of the Department of Early Childhood under this | ||
Section who gives or causes to be given any confidential | ||
information concerning any child abuse or neglect reports | ||
about a child care facility applicant or child care facility | ||
employee shall be guilty of a Class A misdemeanor, unless | ||
release of such information is authorized by Section 11.1 of | ||
the Abused and Neglected Child Reporting Act. Additionally, | ||
any licensee who is informed by the Department of Children and | ||
Family Services, pursuant to Section 7.4 of the Abused and | ||
Neglected Child Reporting Act that a formal investigation has | ||
commenced relating to an employee of the child care facility | ||
or any other person in frequent contact with children at the | ||
facility shall take reasonable action necessary to ensure that | ||
the employee or other person is restricted during the pendency | ||
of the investigation from contact with children whose care has | ||
been entrusted to the facility. | ||
(225 ILCS 10/4.4) (from Ch. 23, par. 2214.4) | ||
Sec. 4.4. This Section does not apply to any day care | ||
center, day care home, or group day care home. For the purposes | ||
of background investigations authorized in this Act, "license |
applicant" means the operator or person with direct | ||
responsibility for daily operation of the facility to be | ||
licensed. In the case of facilities to be operated in a family | ||
home, the Department may, by rule, require that other adult | ||
residents of that home also authorize such investigations with | ||
the exception of day care homes and group day care homes . | ||
(Source: P.A. 84-158.) | ||
(225 ILCS 10/4.4a new) | ||
Sec. 4.4a. Background investigations; Department of Early | ||
Childhood. For the purposes of background investigations | ||
authorized in this Act, "license applicant" means the operator | ||
or person with direct responsibility for daily operation of | ||
the day care center, day care home, or group day care home to | ||
be licensed. In the case of facilities to be operated in a | ||
family home, as related to day care homes and group day care | ||
homes, the Department of Early Childhood may, by rule, require | ||
that other adult residents of that home also authorize such | ||
investigations. | ||
(225 ILCS 10/4.5) | ||
Sec. 4.5. Children with disabilities; training. | ||
(a) An owner or operator of a licensed day care home or | ||
group day care home or the onsite executive director of a | ||
licensed day care center must successfully complete a basic | ||
training course in providing care to children with |
disabilities. The basic training course will also be made | ||
available on a voluntary basis to those providers who are | ||
exempt from the licensure requirements of this Act. | ||
(b) The Department of Early Childhood Children and Family | ||
Services shall promulgate rules establishing the requirements | ||
for basic training in providing care to children with | ||
disabilities. | ||
(Source: P.A. 92-164, eff. 1-1-02.) | ||
(225 ILCS 10/5) (from Ch. 23, par. 2215) | ||
Sec. 5. (a) This Section does not apply to any day care | ||
center, day care home, or group day care home. | ||
In respect to child care institutions, maternity centers, | ||
child welfare agencies, day care centers, day care agencies | ||
and group homes, the Department, upon receiving application | ||
filed in proper order, shall examine the facilities and | ||
persons responsible for care of children therein. | ||
(b) In respect to foster family and day care homes, | ||
applications may be filed on behalf of such homes by a licensed | ||
child welfare agency, by a State agency authorized to place | ||
children in foster care or by out-of-State agencies approved | ||
by the Department to place children in this State. In respect | ||
to day care homes, applications may be filed on behalf of such | ||
homes by a licensed day care agency or licensed child welfare | ||
agency. In applying for license in behalf of a home in which | ||
children are placed by and remain under supervision of the |
applicant agency, such agency shall certify that the home and | ||
persons responsible for care of unrelated children therein, or | ||
the home and relatives, as defined in Section 2.17 of this Act, | ||
responsible for the care of related children therein, were | ||
found to be in reasonable compliance with standards prescribed | ||
by the Department for the type of care indicated. | ||
(c) The Department shall not allow any person to examine | ||
facilities under a provision of this Act who has not passed an | ||
examination demonstrating that such person is familiar with | ||
this Act and with the appropriate standards and regulations of | ||
the Department. | ||
(d) Licenses With the exception of day care centers, day | ||
care homes, and group day care homes, licenses shall be issued | ||
in such form and manner as prescribed by the Department and are | ||
valid for 4 years from the date issued, unless revoked by the | ||
Department or voluntarily surrendered by the licensee. | ||
Licenses issued for day care centers, day care homes, and | ||
group day care homes shall be valid for 3 years from the date | ||
issued, unless revoked by the Department or voluntarily | ||
surrendered by the licensee. When a licensee has made timely | ||
and sufficient application for the renewal of a license or a | ||
new license with reference to any activity of a continuing | ||
nature, the existing license shall continue in full force and | ||
effect for up to 30 days until the final agency decision on the | ||
application has been made. The Department may further extend | ||
the period in which such decision must be made in individual |
cases for up to 30 days, but such extensions shall be only upon | ||
good cause shown. | ||
(e) The Department may issue one 6-month permit to a newly | ||
established facility for child care to allow that facility | ||
reasonable time to become eligible for a full license. If the | ||
facility for child care is a foster family home, or day care | ||
home the Department may issue one 2-month permit only. | ||
(f) The Department may issue an emergency permit to a | ||
child care facility taking in children as a result of the | ||
temporary closure for more than 2 weeks of a licensed child | ||
care facility due to a natural disaster. An emergency permit | ||
under this subsection shall be issued to a facility only if the | ||
persons providing child care services at the facility were | ||
employees of the temporarily closed facility day care center | ||
at the time it was closed. No investigation of an employee of a | ||
child care facility receiving an emergency permit under this | ||
subsection shall be required if that employee has previously | ||
been investigated at another child care facility. No emergency | ||
permit issued under this subsection shall be valid for more | ||
than 90 days after the date of issuance. | ||
(g) During the hours of operation of any licensed child | ||
care facility, authorized representatives of the Department | ||
may without notice visit the facility for the purpose of | ||
determining its continuing compliance with this Act or | ||
regulations adopted pursuant thereto. | ||
(h) (Blank) Day care centers, day care homes, and group |
day care homes shall be monitored at least annually by a | ||
licensing representative from the Department or the agency | ||
that recommended licensure . | ||
(Source: P.A. 98-804, eff. 1-1-15 .) | ||
(225 ILCS 10/5.01 new) | ||
Sec. 5.01. Licenses; permits; Department of Early | ||
Childhood. In respect to day care centers, the Department of | ||
Early Childhood, upon receiving application filed in proper | ||
order, shall examine the facilities and persons responsible | ||
for care of children therein. | ||
(b) In respect to day care homes, applications may be | ||
filed on behalf of such homes by the Department of Early | ||
Childhood. | ||
(c) The Department of Early Childhood shall not allow any | ||
person to examine facilities under a provision of this Act who | ||
has not passed an examination demonstrating that such person | ||
is familiar with this Act and with the appropriate standards | ||
and regulations of the Department of Early Childhood. | ||
(d) Licenses issued for day care centers, day care homes, | ||
and group day care homes shall be valid for 3 years from the | ||
date issued, unless revoked by the Department of Early | ||
Childhood or voluntarily surrendered by the licensee. When a | ||
licensee has made timely and sufficient application for the | ||
renewal of a license or a new license with reference to any | ||
activity of a continuing nature, the existing license shall |
continue in full force and effect for up to 30 days until the | ||
final agency decision on the application has been made. The | ||
Department of Early Childhood may further extend the period in | ||
which such decision must be made in individual cases for up to | ||
30 days, but such extensions shall be only upon good cause | ||
shown. | ||
(e) The Department of Early Childhood may issue one | ||
6-month permit to a newly established facility for child care | ||
to allow that facility reasonable time to become eligible for | ||
a full license. If the facility for child care is a day care | ||
home the Department of Early Childhood may issue one 2-month | ||
permit only. | ||
(f) The Department of Early Childhood may issue an | ||
emergency permit to a day care center taking in children as a | ||
result of the temporary closure for more than 2 weeks of a | ||
licensed child care facility due to a natural disaster. An | ||
emergency permit under this subsection shall be issued to a | ||
facility only if the persons providing child care services at | ||
the facility were employees of the temporarily closed day care | ||
center at the time it was closed. No investigation of an | ||
employee of a child care facility receiving an emergency | ||
permit under this subsection shall be required if that | ||
employee has previously been investigated at another child | ||
care facility. No emergency permit issued under this | ||
subsection shall be valid for more than 90 days after the date | ||
of issuance. |
(g) During the hours of operation of any licensed day care | ||
center, day care home, or group day care home, authorized | ||
representatives of the Department of Early Childhood may | ||
without notice visit the facility for the purpose of | ||
determining its continuing compliance with this Act or rules | ||
adopted pursuant thereto. | ||
(h) Day care centers, day care homes, and group day care | ||
homes shall be monitored at least annually by a licensing | ||
representative from the Department of Early Childhood that | ||
recommended licensure. | ||
(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1) | ||
Sec. 5.1. (a) The Department shall ensure that no day care | ||
center, group home or child care institution as defined in | ||
this Act shall on a regular basis transport a child or children | ||
with any motor vehicle unless such vehicle is operated by a | ||
person who complies with the following requirements: | ||
1. is 21 years of age or older; | ||
2. currently holds a valid driver's license, which has | ||
not been revoked or suspended for one or more traffic | ||
violations during the 3 years immediately prior to the | ||
date of application; | ||
3. demonstrates physical fitness to operate vehicles | ||
by submitting the results of a medical examination | ||
conducted by a licensed physician; | ||
4. has not been convicted of more than 2 offenses |
against traffic regulations governing the movement of | ||
vehicles within a 12-month twelve month period; | ||
5. has not been convicted of reckless driving or | ||
driving under the influence or manslaughter or reckless | ||
homicide resulting from the operation of a motor vehicle | ||
within the past 3 years; | ||
6. has signed and submitted a written statement | ||
certifying that the person has not, through the unlawful | ||
operation of a motor vehicle, caused a crash which | ||
resulted in the death of any person within the 5 years | ||
immediately prior to the date of application. | ||
However, such day care centers, group homes and child care | ||
institutions may provide for transportation of a child or | ||
children for special outings, functions , or purposes that are | ||
not scheduled on a regular basis without verification that | ||
drivers for such purposes meet the requirements of this | ||
Section. | ||
(a-5) As a means of ensuring compliance with the | ||
requirements set forth in subsection (a), the Department shall | ||
implement appropriate measures to verify that every individual | ||
who is employed at a group home or child care institution meets | ||
those requirements. | ||
For every person employed at a group home or child care | ||
institution who regularly transports children in the course of | ||
performing the person's duties, the Department must make the | ||
verification every 2 years. Upon the Department's request, the |
Secretary of State shall provide the Department with the | ||
information necessary to enable the Department to make the | ||
verifications required under subsection (a). | ||
In the case of an individual employed at a group home or | ||
child care institution who becomes subject to subsection (a) | ||
for the first time after January 1, 2007 ( the effective date of | ||
Public Act 94-943) this amendatory Act of the 94th General | ||
Assembly , the Department must make that verification with the | ||
Secretary of State before the individual operates a motor | ||
vehicle to transport a child or children under the | ||
circumstances described in subsection (a). | ||
In the case of an individual employed at a group home or | ||
child care institution who is subject to subsection (a) on | ||
January 1, 2007 ( the effective date of Public Act 94-943) this | ||
amendatory Act of the 94th General Assembly , the Department | ||
must make that verification with the Secretary of State within | ||
30 days after January 1, 2007 that effective date . | ||
If the Department discovers that an individual fails to | ||
meet the requirements set forth in subsection (a), the | ||
Department shall promptly notify the appropriate group home or | ||
child care institution. | ||
(b) Any individual who holds a valid Illinois school bus | ||
driver permit issued by the Secretary of State pursuant to the | ||
The Illinois Vehicle Code, and who is currently employed by a | ||
school district or parochial school, or by a contractor with a | ||
school district or parochial school, to drive a school bus |
transporting children to and from school, shall be deemed in | ||
compliance with the requirements of subsection (a). | ||
(c) The Department may, pursuant to Section 8 of this Act, | ||
revoke the license of any day care center, group home or child | ||
care institution that fails to meet the requirements of this | ||
Section. | ||
(d) A group home or child care institution that fails to | ||
meet the requirements of this Section is guilty of a petty | ||
offense and is subject to a fine of not more than $1,000. Each | ||
day that a group home or child care institution fails to meet | ||
the requirements of this Section is a separate offense. | ||
(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23; | ||
revised 9-21-23.) | ||
(225 ILCS 10/5.1a new) | ||
Sec. 5.1a. Transportation of children; day care centers. | ||
The Department of Early Childhood shall ensure that no day | ||
care center shall on a regular basis transport a child or | ||
children with any motor vehicle unless such vehicle is | ||
operated by a person who complies with the following | ||
requirements: | ||
(1) is 21 years of age or older; | ||
(2) currently holds a valid driver's license, which | ||
has not been revoked or suspended for one or more traffic | ||
violations during the 3 years immediately prior to the | ||
date of application; |
(3) demonstrates physical fitness to operate vehicles | ||
by submitting the results of a medical examination | ||
conducted by a licensed physician; | ||
(4) has not been convicted of more than 2 offenses | ||
against traffic regulations governing the movement of | ||
vehicles within a 12-month period; | ||
(5) has not been convicted of reckless driving or | ||
driving under the influence or manslaughter or reckless | ||
homicide resulting from the operation of a motor vehicle | ||
within the past 3 years; | ||
(6) has signed and submitted a written statement | ||
certifying that the person has not, through the unlawful | ||
operation of a motor vehicle, caused a crash which | ||
resulted in the death of any person within the 5 years | ||
immediately prior to the date of application. | ||
However, such day care centers may provide for | ||
transportation of a child or children for special outings, | ||
functions or purposes that are not scheduled on a regular | ||
basis without verification that drivers for such purposes meet | ||
the requirements of this Section. | ||
(b) Any individual who holds a valid Illinois school bus | ||
driver permit issued by the Secretary of State pursuant to the | ||
Illinois Vehicle Code, and who is currently employed by a | ||
school district or parochial school, or by a contractor with a | ||
school district or parochial school, to drive a school bus | ||
transporting children to and from school, shall be deemed in |
compliance with the requirements of subsection (a). | ||
(c) The Department of Early Childhood may, pursuant to | ||
Section 8a of this Act, revoke the license of any day care | ||
center that fails to meet the requirements of this Section. | ||
(225 ILCS 10/5.2) | ||
Sec. 5.2. Unsafe children's products ; Department of | ||
Children and Family Services . | ||
(a) A child care facility may not use or have on the | ||
premises, on or after July 1, 2000, an unsafe children's | ||
product as described in Section 15 of the Children's Product | ||
Safety Act. This subsection (a) does not apply to an antique or | ||
collectible children's product if it is not used by, or | ||
accessible to, any child in the child care facility. | ||
(b) The Department of Children and Family Services shall | ||
notify child care facilities (other than a day care center, | ||
day care home, or group day care home) , on an ongoing basis, | ||
including during the license application facility examination | ||
and during annual license monitoring visits, of the provisions | ||
of this Section and the Children's Product Safety Act and of | ||
the comprehensive list of unsafe children's products as | ||
provided and maintained by the Department of Public Health | ||
available on the Internet, as determined in accordance with | ||
that Act, in plain, non-technical language that will enable | ||
each child care facility to effectively inspect children's | ||
products and identify unsafe children's products. Subject to |
availability of appropriations, the Department of Children and | ||
Family Services, in accordance with the requirements of this | ||
Section, shall establish and maintain a database on the safety | ||
of consumer products and other products or substances | ||
regulated by the Department that is: (i) publicly available; | ||
(ii) searchable; and (iii) accessible through the Internet | ||
website of the Department. Child care facilities must maintain | ||
all written information provided pursuant to this subsection | ||
in a file accessible to both facility staff and parents of | ||
children attending the facility. Child care facilities must | ||
post in prominent locations regularly visited by parents | ||
written notification of the existence of the comprehensive | ||
list of unsafe children's products available on the Internet. | ||
The Department of Children and Family Services shall adopt | ||
rules to carry out this Section. | ||
(Source: P.A. 103-44, eff. 1-1-24 .) | ||
(225 ILCS 10/5.2a new) | ||
Sec. 5.2a. Unsafe children's products; Department of Early | ||
Childhood. | ||
(a) A day care center, day care home, or group day care | ||
home may not use or have on the premises an unsafe children's | ||
product as described in Section 15 of the Children's Product | ||
Safety Act. This subsection (a) does not apply to an antique or | ||
collectible children's product if it is not used by, or | ||
accessible to, any child in the day care center, day care home, |
or group day care home. | ||
(b) The Department of Early Childhood shall notify day | ||
care centers, day care homes, and group day care homes, on an | ||
ongoing basis, including during the license application | ||
facility examination and during annual license monitoring | ||
visits, of the provisions of this Section and the Children's | ||
Product Safety Act and of the comprehensive list of unsafe | ||
children's products as provided and maintained by the | ||
Department of Public Health available on the Internet, as | ||
determined in accordance with that Act, in plain, | ||
non-technical language that will enable each child care | ||
facility to effectively inspect children's products and | ||
identify unsafe children's products. Subject to availability | ||
of appropriations, the Department of Early Childhood, in | ||
accordance with the requirements of this Section, shall | ||
establish and maintain a database on the safety of consumer | ||
products and other products or substances regulated by the | ||
Department of Early Childhood that is: (i) publicly available; | ||
(ii) searchable; and (iii) accessible through the Internet | ||
website of the Department of Early Childhood. Child care | ||
facilities must maintain all written information provided | ||
pursuant to this subsection in a file accessible to both | ||
facility staff and parents of children attending the facility. | ||
Day care centers, day care homes, and group day care homes must | ||
post in prominent locations regularly visited by parents | ||
written notification of the existence of the comprehensive |
list of unsafe children's products available on the Internet. | ||
The Department of Early Childhood shall adopt rules to carry | ||
out this Section. | ||
(225 ILCS 10/5.8) | ||
Sec. 5.8. Radon testing of licensed day care centers, | ||
licensed day care homes, and licensed group day care homes. | ||
(a) Licensed Effective January 1, 2013, licensed day care | ||
centers, licensed day care homes, and licensed group day care | ||
homes shall have the facility tested for radon at least once | ||
every 3 years pursuant to rules established by the Illinois | ||
Emergency Management Agency. | ||
(b) As Effective January 1, 2014, as part of an initial | ||
application or application for renewal of a license for day | ||
care centers, day care homes, and group day care homes, the | ||
Department of Early Childhood shall require proof the facility | ||
has been tested within the last 3 years for radon pursuant to | ||
rules established by the Illinois Emergency Management Agency. | ||
(c) The report of the most current radon measurement shall | ||
be posted in the facility next to the license issued by the | ||
Department of Early Childhood . Copies of the report shall be | ||
provided to parents or guardians upon request. | ||
(d) Included with the report referenced in subsection (c) | ||
shall be the following statement: | ||
"Every parent or guardian is notified that this | ||
facility has performed radon measurements to ensure the |
health and safety of the occupants. The Illinois Emergency | ||
Management Agency (IEMA) recommends that all residential | ||
homes be tested and that corrective actions be taken at | ||
levels equal to or greater than 4.0 pCi/L. Radon is a Class | ||
A human carcinogen, the leading cause of lung cancer in | ||
non-smokers, and the second leading cause of lung cancer | ||
overall. For additional information about this facility | ||
contact the licensee and for additional information | ||
regarding radon contact the IEMA Radon Program at | ||
800-325-1245 or on the Internet at | ||
www.radon.illinois.gov.". | ||
(Source: P.A. 97-981, eff. 1-1-13.) | ||
(225 ILCS 10/5.9) | ||
Sec. 5.9. Lead testing of water in licensed day care | ||
centers, day care homes and group day care homes. | ||
(a) The On or before January 1, 2018, the Department of | ||
Early Childhood , in consultation with the Department of Public | ||
Health, shall adopt rules that prescribe the procedures and | ||
standards to be used by the Department of Early Childhood in | ||
assessing levels of lead in water in licensed day care | ||
centers, day care homes, and group day care homes constructed | ||
on or before January 1, 2000 that serve children under the age | ||
of 6. Such rules shall, at a minimum, include provisions | ||
regarding testing parameters, the notification of sampling | ||
results, training requirements for lead exposure and |
mitigation. | ||
(b) After adoption of the rules required by subsection | ||
(a), and as part of an initial application or application for | ||
renewal of a license for day care centers, day care homes, and | ||
group day care homes, the Department shall require proof that | ||
the applicant has complied with all such rules. | ||
(Source: P.A. 99-922, eff. 1-17-17.) | ||
(225 ILCS 10/5.10) | ||
Sec. 5.10. Child care limitation on expulsions. Consistent | ||
with the purposes of Public Act 100-105 this amendatory Act of | ||
the 100th General Assembly and the requirements therein under | ||
paragraph (7) of subsection (a) of Section 2-3.71 of the | ||
School Code, the Department of Early Childhood , in | ||
consultation with the Governor's Office of Early Childhood | ||
Development and the State Board of Education, shall adopt | ||
rules prohibiting the use of expulsion due to a child's | ||
persistent and serious challenging behaviors in licensed day | ||
care centers, day care homes, and group day care homes. The | ||
rulemaking shall address, at a minimum, requirements for | ||
licensees to establish intervention and transition policies, | ||
notify parents of policies, document intervention steps, and | ||
collect and report data on children transitioning out of the | ||
program. | ||
(Source: P.A. 100-105, eff. 1-1-18 .) |
(225 ILCS 10/5.11) | ||
Sec. 5.11. Plan for anaphylactic shock. The Department of | ||
Early Childhood shall require each licensed day care center, | ||
day care home, and group day care home to have a plan for | ||
anaphylactic shock to be followed for the prevention of | ||
anaphylaxis and during a medical emergency resulting from | ||
anaphylaxis. The plan should be based on the guidance and | ||
recommendations provided by the American Academy of Pediatrics | ||
relating to the management of food allergies or other | ||
allergies. The plan should be shared with parents or guardians | ||
upon enrollment at each licensed day care center, day care | ||
home, and group day care home. If a child requires specific | ||
specialized treatment during an episode of anaphylaxis, that | ||
child's treatment plan should be kept by the staff of the day | ||
care center, day care home, or group day care home and followed | ||
in the event of an emergency. Each licensed day care center, | ||
day care home, and group day care home shall have at least one | ||
staff member present at all times who has taken a training | ||
course in recognizing and responding to anaphylaxis. | ||
(Source: P.A. 102-413, eff. 8-20-21.) | ||
(225 ILCS 10/6) (from Ch. 23, par. 2216) | ||
Sec. 6. (a) A licensed facility operating as a "child care | ||
institution", "maternity center", or "child welfare agency", | ||
"day care agency" or "day care center" must apply for renewal | ||
of its license held, the application to be made to the |
Department on forms prescribed by it. | ||
(b) The Department, a duly licensed child welfare agency | ||
or a suitable agency or person designated by the Department as | ||
its agent to do so, must re-examine every child care facility | ||
for renewal of license, including in that process the | ||
examination of the premises and records of the facility as the | ||
Department considers necessary to determine that minimum | ||
standards for licensing continue to be met, and random surveys | ||
of parents or legal guardians who are consumers of such | ||
facilities' services to assess the quality of care at such | ||
facilities. In the case of foster family homes, or day care | ||
homes under the supervision of or otherwise required to be | ||
licensed by the Department, or under supervision of a licensed | ||
child welfare agency or day care agency, the examination shall | ||
be made by the Department, or agency supervising such homes. | ||
If the Department is satisfied that the facility continues to | ||
maintain minimum standards which it prescribes and publishes, | ||
it shall renew the license to operate the facility. | ||
(b-5) In the case of a quality of care concerns applicant | ||
as defined in Section 2.22a of this Act, in addition to the | ||
examination required in subsection (b) of this Section, the | ||
Department shall not renew the license of a quality of care | ||
concerns applicant unless the Department is satisfied that the | ||
foster family home does not pose a risk to children and that | ||
the foster family home will be able to meet the physical and | ||
emotional needs of children. In making this determination, the |
Department must obtain and carefully review all relevant | ||
documents and shall obtain consultation from its Clinical | ||
Division as appropriate and as prescribed by Department rule | ||
and procedure. The Department has the authority to deny an | ||
application for renewal based on a record of quality of care | ||
concerns. In the alternative, the Department may (i) approve | ||
the application for renewal subject to obtaining additional | ||
information or assessments, (ii) approve the application for | ||
renewal for purposes of placing or maintaining only a | ||
particular child or children only in the foster home, or (iii) | ||
approve the application for renewal. The Department shall | ||
notify the quality of care concerns applicant of its decision | ||
and the basis for its decision in writing. | ||
(c) If a child care facility's (other than a day care | ||
center, day care home, or group day care home) license, other | ||
than a license for a foster family home, is revoked, or if the | ||
Department refuses to renew a facility's license, the facility | ||
may not reapply for a license before the expiration of 12 | ||
months following the Department's action; provided, however, | ||
that the denial of a reapplication for a license pursuant to | ||
this subsection must be supported by evidence that the prior | ||
revocation renders the applicant unqualified or incapable of | ||
satisfying the standards and rules promulgated by the | ||
Department pursuant to this Act or maintaining a facility | ||
which adheres to such standards and rules. | ||
(d) If a foster family home license (i) is revoked, (ii) is |
surrendered for cause, or (iii) expires or is surrendered with | ||
either certain types of involuntary placement holds in place | ||
or while a licensing or child abuse or neglect investigation | ||
is pending, or if the Department refuses to renew a foster home | ||
license, the foster home may not reapply for a license before | ||
the expiration of 5 years following the Department's action or | ||
following the expiration or surrender of the license. | ||
(Source: P.A. 99-779, eff. 1-1-17 .) | ||
(225 ILCS 10/6.1 new) | ||
Sec. 6.1. License renewal; Department of Early Childhood. | ||
(a) A licensed facility operating as a day care center | ||
must apply for renewal of its license held, the application to | ||
be made to the Department of Early Childhood on forms | ||
prescribed by it. | ||
(b) The Department of Early Childhood must re-examine | ||
every day care center, day care home, and group day care home | ||
for renewal of license, including in that process the | ||
examination of the premises and records of the facility as the | ||
Department of Early Childhood considers necessary to determine | ||
that minimum standards for licensing continue to be met, and | ||
random surveys of parents or legal guardians who are consumers | ||
of such facilities' services to assess the quality of care at | ||
such facilities. In the case of day care homes under the | ||
supervision of or otherwise required to be licensed by the | ||
Department of Early Childhood, the examination shall be made |
by the Department of Early Childhood. If the Department of | ||
Early Childhood is satisfied that the facility continues to | ||
maintain minimum standards which it prescribes and publishes, | ||
it shall renew the license to operate the facility. | ||
(c) If a day care center's, day care home's, or group day | ||
care home's license is revoked, or if the Department of Early | ||
Childhood refuses to renew a day care center's, day care | ||
home's, or group day care home's license, the facility may not | ||
reapply for a license before the expiration of 12 months | ||
following the Department of Early Childhood's action; | ||
provided, however, that the denial of a reapplication for a | ||
license pursuant to this subsection must be supported by | ||
evidence that the prior revocation renders the applicant | ||
unqualified or incapable of satisfying the standards and rules | ||
promulgated by the Department of Early Childhood pursuant to | ||
this Act or maintaining a facility which adheres to such | ||
standards and rules. | ||
(225 ILCS 10/7) (from Ch. 23, par. 2217) | ||
Sec. 7. (a) The Department must prescribe and publish | ||
minimum standards for licensing that apply to the various | ||
types of facilities for child care defined in this Act (other | ||
than a day care center, day care home, or group day care home) | ||
and that are equally applicable to like institutions under the | ||
control of the Department and to foster family homes used by | ||
and under the direct supervision of the Department. The |
Department shall seek the advice and assistance of persons | ||
representative of the various types of child care facilities | ||
in establishing such standards. The standards prescribed and | ||
published under this Act take effect as provided in the | ||
Illinois Administrative Procedure Act, and are restricted to | ||
regulations pertaining to the following matters and to any | ||
rules and regulations required or permitted by any other | ||
Section of this Act: | ||
(1) The operation and conduct of the facility and | ||
responsibility it assumes for child care; | ||
(2) The character, suitability and qualifications of | ||
the applicant and other persons directly responsible for | ||
the care and welfare of children served. All child day | ||
care center licensees and employees who are required to | ||
report child abuse or neglect under the Abused and | ||
Neglected Child Reporting Act shall be required to attend | ||
training on recognizing child abuse and neglect, as | ||
prescribed by Department rules ; | ||
(3) The general financial ability and competence of | ||
the applicant to provide necessary care for children and | ||
to maintain prescribed standards; | ||
(4) The number of individuals or staff required to | ||
insure adequate supervision and care of the children | ||
received. The standards shall provide that each child care | ||
institution, maternity center, and day care center, group | ||
home , day care home, and group day care home shall have on |
its premises during its hours of operation at least one | ||
staff member certified in first aid, in the Heimlich | ||
maneuver and in cardiopulmonary resuscitation by the | ||
American Red Cross or other organization approved by rule | ||
of the Department. Child welfare agencies shall not be | ||
subject to such a staffing requirement. The Department may | ||
offer, or arrange for the offering, on a periodic basis in | ||
each community in this State in cooperation with the | ||
American Red Cross, the American Heart Association or | ||
other appropriate organization, voluntary programs to | ||
train operators of foster family homes and day care homes | ||
in first aid and cardiopulmonary resuscitation; | ||
(5) The appropriateness, safety, cleanliness, and | ||
general adequacy of the premises, including maintenance of | ||
adequate fire prevention and health standards conforming | ||
to State laws and municipal codes to provide for the | ||
physical comfort, care, and well-being of children | ||
received; | ||
(6) Provisions for food, clothing, educational | ||
opportunities, program, equipment and individual supplies | ||
to assure the healthy physical, mental, and spiritual | ||
development of children served; | ||
(7) Provisions to safeguard the legal rights of | ||
children served; | ||
(8) Maintenance of records pertaining to the | ||
admission, progress, health, and discharge of children , |
including, for day care centers and day care homes, | ||
records indicating each child has been immunized as | ||
required by State regulations . The Department shall | ||
require proof that children enrolled in a facility (other | ||
than a day care center, day care home, or group day care | ||
home) have been immunized against Haemophilus Influenzae B | ||
(HIB); | ||
(9) Filing of reports with the Department; | ||
(10) Discipline of children; | ||
(11) Protection and fostering of the particular | ||
religious faith of the children served; | ||
(12) (Blank) Provisions prohibiting firearms on day | ||
care center premises except in the possession of peace | ||
officers ; | ||
(13) (Blank) Provisions prohibiting handguns on day | ||
care home premises except in the possession of peace | ||
officers or other adults who must possess a handgun as a | ||
condition of employment and who reside on the premises of | ||
a day care home ; | ||
(14) (Blank) Provisions requiring that any firearm | ||
permitted on day care home premises, except handguns in | ||
the possession of peace officers, shall be kept in a | ||
disassembled state, without ammunition, in locked storage, | ||
inaccessible to children and that ammunition permitted on | ||
day care home premises shall be kept in locked storage | ||
separate from that of disassembled firearms, inaccessible |
to children ; | ||
(15) (Blank) Provisions requiring notification of | ||
parents or guardians enrolling children at a day care home | ||
of the presence in the day care home of any firearms and | ||
ammunition and of the arrangements for the separate, | ||
locked storage of such firearms and ammunition ; | ||
(16) Provisions requiring all licensed child care | ||
facility employees who care for newborns and infants to | ||
complete training every 3 years on the nature of sudden | ||
unexpected infant death (SUID), sudden infant death | ||
syndrome (SIDS), and the safe sleep recommendations of the | ||
American Academy of Pediatrics (other than employees of a | ||
day care center, day care home, or group day care home) ; | ||
and | ||
(17) With respect to foster family homes, provisions | ||
requiring the Department to review quality of care | ||
concerns and to consider those concerns in determining | ||
whether a foster family home is qualified to care for | ||
children. | ||
By July 1, 2022, all licensed day care home providers, | ||
licensed group day care home providers, and licensed day care | ||
center directors and classroom staff shall participate in at | ||
least one training that includes the topics of early childhood | ||
social emotional learning, infant and early childhood mental | ||
health, early childhood trauma, or adverse childhood | ||
experiences. Current licensed providers, directors, and |
classroom staff shall complete training by July 1, 2022 and | ||
shall participate in training that includes the above topics | ||
at least once every 3 years. | ||
(b) If, in a facility for general child care (other than a | ||
day care center, day care home, or group day care home) , there | ||
are children diagnosed as mentally ill or children diagnosed | ||
as having an intellectual or physical disability, who are | ||
determined to be in need of special mental treatment or of | ||
nursing care, or both mental treatment and nursing care, the | ||
Department shall seek the advice and recommendation of the | ||
Department of Human Services, the Department of Public Health, | ||
or both Departments regarding the residential treatment and | ||
nursing care provided by the institution. | ||
(c) The Department shall investigate any person applying | ||
to be licensed as a foster parent to determine whether there is | ||
any evidence of current drug or alcohol abuse in the | ||
prospective foster family. The Department shall not license a | ||
person as a foster parent if drug or alcohol abuse has been | ||
identified in the foster family or if a reasonable suspicion | ||
of such abuse exists, except that the Department may grant a | ||
foster parent license to an applicant identified with an | ||
alcohol or drug problem if the applicant has successfully | ||
participated in an alcohol or drug treatment program, | ||
self-help group, or other suitable activities and if the | ||
Department determines that the foster family home can provide | ||
a safe, appropriate environment and meet the physical and |
emotional needs of children. | ||
(d) The Department, in applying standards prescribed and | ||
published, as herein provided, shall offer consultation | ||
through employed staff or other qualified persons to assist | ||
applicants and licensees (other than applicants and licensees | ||
of a day care center, day care home, or group day care home) in | ||
meeting and maintaining minimum requirements for a license and | ||
to help them otherwise to achieve programs of excellence | ||
related to the care of children served. Such consultation | ||
shall include providing information concerning education and | ||
training in early childhood development to providers of day | ||
care home services. The Department may provide or arrange for | ||
such education and training for those providers who request | ||
such assistance (other than providers at a day care center, | ||
day care home, or group day care home) . | ||
(e) The Department shall distribute copies of licensing | ||
standards to all licensees and applicants for a license (other | ||
than licensees and applicants of a day care center, day care | ||
home, or group day care home) . Each licensee or holder of a | ||
permit shall distribute copies of the appropriate licensing | ||
standards and any other information required by the Department | ||
to child care facilities under its supervision. Each licensee | ||
or holder of a permit shall maintain appropriate documentation | ||
of the distribution of the standards. Such documentation shall | ||
be part of the records of the facility and subject to | ||
inspection by authorized representatives of the Department. |
(f) (Blank) The Department shall prepare summaries of day | ||
care licensing standards. Each licensee or holder of a permit | ||
for a day care facility shall distribute a copy of the | ||
appropriate summary and any other information required by the | ||
Department, to the legal guardian of each child cared for in | ||
that facility at the time when the child is enrolled or | ||
initially placed in the facility. The licensee or holder of a | ||
permit for a day care facility shall secure appropriate | ||
documentation of the distribution of the summary and brochure. | ||
Such documentation shall be a part of the records of the | ||
facility and subject to inspection by an authorized | ||
representative of the Department . | ||
(g) The Department shall distribute to each licensee and | ||
holder of a permit copies of the licensing or permit standards | ||
applicable to such person's facility (other than a day care | ||
center, day care home, or group day care home) . Each licensee | ||
or holder of a permit shall make available by posting at all | ||
times in a common or otherwise accessible area a complete and | ||
current set of licensing standards in order that all employees | ||
of the facility may have unrestricted access to such | ||
standards. All employees of the facility shall have reviewed | ||
the standards and any subsequent changes. Each licensee or | ||
holder of a permit shall maintain appropriate documentation of | ||
the current review of licensing standards by all employees. | ||
Such records shall be part of the records of the facility and | ||
subject to inspection by authorized representatives of the |
Department. | ||
(h) Any standards (other than standards of a day care | ||
center, day care home, or group day care home) involving | ||
physical examinations, immunization, or medical treatment | ||
shall include appropriate exemptions for children whose | ||
parents object thereto on the grounds that they conflict with | ||
the tenets and practices of a recognized church or religious | ||
organization, of which the parent is an adherent or member, | ||
and for children who should not be subjected to immunization | ||
for clinical reasons. | ||
(i) (Blank) The Department, in cooperation with the | ||
Department of Public Health, shall work to increase | ||
immunization awareness and participation among parents of | ||
children enrolled in day care centers and day care homes by | ||
publishing on the Department's website information about the | ||
benefits of immunization against vaccine preventable diseases, | ||
including influenza and pertussis. The information for vaccine | ||
preventable diseases shall include the incidence and severity | ||
of the diseases, the availability of vaccines, and the | ||
importance of immunizing children and persons who frequently | ||
have close contact with children. The website content shall be | ||
reviewed annually in collaboration with the Department of | ||
Public Health to reflect the most current recommendations of | ||
the Advisory Committee on Immunization Practices (ACIP). The | ||
Department shall work with day care centers and day care homes | ||
licensed under this Act to ensure that the information is |
annually distributed to parents in August or September . | ||
(j) (Blank) Any standard adopted by the Department that | ||
requires an applicant for a license to operate a day care home | ||
to include a copy of a high school diploma or equivalent | ||
certificate with the person's application shall be deemed to | ||
be satisfied if the applicant includes a copy of a high school | ||
diploma or equivalent certificate or a copy of a degree from an | ||
accredited institution of higher education or vocational | ||
institution or equivalent certificate . | ||
(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.) | ||
(225 ILCS 10/7.01 new) | ||
Sec. 7.01. Minimum standards for licensing; Department of | ||
Early Childhood. | ||
(a) The Department of Early Childhood must prescribe and | ||
publish minimum standards for licensing that apply to day care | ||
centers, day care homes, and group day care homes. The | ||
Department of Early Childhood shall seek the advice and | ||
assistance of persons representative of day care centers, day | ||
care homes, and group day care homes in establishing such | ||
standards. The standards prescribed and published under this | ||
Act take effect as provided in the Illinois Administrative | ||
Procedure Act, and are restricted to rules pertaining to the | ||
following matters and to any rules required or permitted by | ||
any other Section of this Act: | ||
(1) The operation and conduct of the facility and |
responsibility it assumes for child care; | ||
(2) The character, suitability and qualifications of | ||
the applicant and other persons directly responsible for | ||
the care and welfare of children served. All child day | ||
care center licensees and employees who are required to | ||
report child abuse or neglect under the Abused and | ||
Neglected Child Reporting Act shall be required to attend | ||
training on recognizing child abuse and neglect, as | ||
prescribed by Department of Early Childhood rules; | ||
(3) The general financial ability and competence of | ||
the applicant to provide necessary care for children and | ||
to maintain prescribed standards; | ||
(4) The number of individuals or staff required to | ||
ensure adequate supervision and care of the children | ||
received. The standards shall provide that each day care | ||
center, day care home, and group day care home shall have | ||
on its premises during its hours of operation at least one | ||
staff member certified in first aid, in the Heimlich | ||
maneuver and in cardiopulmonary resuscitation by the | ||
American Red Cross or other organization approved by rule | ||
of the Department of Early Childhood. The Department of | ||
Early Childhood may offer, or arrange for the offering, on | ||
a periodic basis in each community in this State in | ||
cooperation with the American Red Cross, the American | ||
Heart Association or other appropriate organization, | ||
voluntary programs to train operators of day care homes in |
first aid and cardiopulmonary resuscitation; | ||
(5) The appropriateness, safety, cleanliness, and | ||
general adequacy of the premises, including maintenance of | ||
adequate fire prevention and health standards conforming | ||
to State laws and municipal codes to provide for the | ||
physical comfort, care, and well-being of children | ||
received; | ||
(6) Provisions for food, clothing, educational | ||
opportunities, program, equipment and individual supplies | ||
to ensure the healthy physical, mental, and spiritual | ||
development of children served; | ||
(7) Provisions to safeguard the legal rights of | ||
children served; | ||
(8) Maintenance of records pertaining to the | ||
admission, progress, health, and discharge of children, | ||
including, for day care centers and day care homes, | ||
records indicating each child has been immunized as | ||
required by State regulations. The Department of Early | ||
Childhood shall require proof that children enrolled in a | ||
facility have been immunized against Haemophilus | ||
Influenzae B (HIB); | ||
(9) Filing of reports with the Department of Early | ||
Childhood; | ||
(10) Discipline of children; | ||
(11) Protection and fostering of the particular | ||
religious faith of the children served; |
(12) Provisions prohibiting firearms on day care | ||
center premises except in the possession of peace | ||
officers; | ||
(13) Provisions prohibiting handguns on day care home | ||
premises except in the possession of peace officers or | ||
other adults who must possess a handgun as a condition of | ||
employment and who reside on the premises of a day care | ||
home; | ||
(14) Provisions requiring that any firearm permitted | ||
on day care home premises, except handguns in the | ||
possession of peace officers, shall be kept in a | ||
disassembled state, without ammunition, in locked storage, | ||
inaccessible to children and that ammunition permitted on | ||
day care home premises shall be kept in locked storage | ||
separate from that of disassembled firearms, inaccessible | ||
to children; | ||
(15) Provisions requiring notification of parents or | ||
guardians enrolling children at a day care home of the | ||
presence in the day care home of any firearms and | ||
ammunition and of the arrangements for the separate, | ||
locked storage of such firearms and ammunition; and | ||
(16) Provisions requiring all licensed child care | ||
facility employees who care for newborns and infants to | ||
complete training every 3 years on the nature of sudden | ||
unexpected infant death (SUID), sudden infant death | ||
syndrome (SIDS), and the safe sleep recommendations of the |
American Academy of Pediatrics. | ||
All licensed day care home providers, licensed group day | ||
care home providers, and licensed day care center directors | ||
and classroom staff shall participate in at least one training | ||
that includes the topics of early childhood social emotional | ||
learning, infant and early childhood mental health, early | ||
childhood trauma, or adverse childhood experiences. Current | ||
licensed providers, directors, and classroom staff shall | ||
complete training and shall participate in training that | ||
includes the above topics at least once every 3 years. | ||
(b) The Department of Early Childhood, in applying | ||
standards prescribed and published, as herein provided, shall | ||
offer consultation through employed staff or other qualified | ||
persons to assist applicants and licensees in meeting and | ||
maintaining minimum requirements for a license and to help | ||
them otherwise to achieve programs of excellence related to | ||
the care of children served. Such consultation shall include | ||
providing information concerning education and training in | ||
early childhood development to providers of day care home | ||
services. The Department of Early Childhood may provide or | ||
arrange for such education and training for those providers | ||
who request such assistance. | ||
(c) The Department of Early Childhood shall distribute | ||
copies of licensing standards to all licensees and applicants | ||
for a license. Each licensee or holder of a permit shall | ||
distribute copies of the appropriate licensing standards and |
any other information required by the Department of Early | ||
Childhood to child care facilities under its supervision. Each | ||
licensee or holder of a permit shall maintain appropriate | ||
documentation of the distribution of the standards. Such | ||
documentation shall be part of the records of the facility and | ||
subject to inspection by authorized representatives of the | ||
Department of Early Childhood. | ||
(d) The Department of Early Childhood shall prepare | ||
summaries of day care licensing standards. Each licensee or | ||
holder of a permit for a day care facility shall distribute a | ||
copy of the appropriate summary and any other information | ||
required by the Department of Early Childhood, to the legal | ||
guardian of each child cared for in that facility at the time | ||
when the child is enrolled or initially placed in the | ||
facility. The licensee or holder of a permit for a day care | ||
facility shall secure appropriate documentation of the | ||
distribution of the summary and brochure. Such documentation | ||
shall be a part of the records of the facility and subject to | ||
inspection by an authorized representative of the Department | ||
of Early Childhood. | ||
(e) The Department of Early Childhood shall distribute to | ||
each licensee and holder of a permit copies of the licensing or | ||
permit standards applicable to such person's facility. Each | ||
licensee or holder of a permit shall make available by posting | ||
at all times in a common or otherwise accessible area a | ||
complete and current set of licensing standards in order that |
all employees of the facility may have unrestricted access to | ||
such standards. All employees of the facility shall have | ||
reviewed the standards and any subsequent changes. Each | ||
licensee or holder of a permit shall maintain appropriate | ||
documentation of the current review of licensing standards by | ||
all employees. Such records shall be part of the records of the | ||
facility and subject to inspection by authorized | ||
representatives of the Department of Early Childhood. | ||
(f) Any standards involving physical examinations, | ||
immunization, or medical treatment shall include appropriate | ||
exemptions for children whose parents object thereto on the | ||
grounds that they conflict with the tenets and practices of a | ||
recognized church or religious organization, of which the | ||
parent is an adherent or member, and for children who should | ||
not be subjected to immunization for clinical reasons. | ||
(g) The Department of Early Childhood, in cooperation with | ||
the Department of Public Health, shall work to increase | ||
immunization awareness and participation among parents of | ||
children enrolled in day care centers and day care homes by | ||
publishing on the Department of Early Childhood's website | ||
information about the benefits of immunization against vaccine | ||
preventable diseases, including influenza and pertussis. The | ||
information for vaccine preventable diseases shall include the | ||
incidence and severity of the diseases, the availability of | ||
vaccines, and the importance of immunizing children and | ||
persons who frequently have close contact with children. The |
website content shall be reviewed annually in collaboration | ||
with the Department of Public Health to reflect the most | ||
current recommendations of the Advisory Committee on | ||
Immunization Practices (ACIP). The Department of Early | ||
Childhood shall work with day care centers and day care homes | ||
licensed under this Act to ensure that the information is | ||
annually distributed to parents in August or September. | ||
(h) Any standard adopted by the Department of Early | ||
Childhood that requires an applicant for a license to operate | ||
a day care home to include a copy of a high school diploma or | ||
equivalent certificate with the person's application shall be | ||
deemed to be satisfied if the applicant includes a copy of a | ||
high school diploma or equivalent certificate or a copy of a | ||
degree from an accredited institution of higher education or | ||
vocational institution or equivalent certificate. | ||
(225 ILCS 10/7.2) (from Ch. 23, par. 2217.2) | ||
Sec. 7.2. Employer discrimination. | ||
(a) For purposes of this Section : , | ||
"Employer" "employer" means a licensee or holder of a | ||
permit subject to this Act. | ||
"Employee" means an employee of such an employer. | ||
(b) No employer shall discharge, demote , or suspend, or | ||
threaten to discharge, demote , or suspend, or in any manner | ||
discriminate against any employee who: | ||
(1) Makes any good faith oral or written complaint of |
any employer's violation of any licensing or other laws | ||
(including , but not limited to , laws concerning child | ||
abuse or the transportation of children) which may result | ||
in closure of the facility pursuant to Section 11.2 or | ||
11.3 of this Act to the Department of Children and Family | ||
Services or the Department of Early Childhood or other | ||
agency having statutory responsibility for the enforcement | ||
of such laws or to the employer or representative of the | ||
employer; | ||
(2) Institutes or causes to be instituted against any | ||
employer any proceeding concerning the violation of any | ||
licensing or other laws, including a proceeding to revoke | ||
or to refuse to renew a license under Section 9 or 9.01 of | ||
this Act; | ||
(3) Is or will be a witness or testify in any | ||
proceeding concerning the violation of any licensing or | ||
other laws, including a proceeding to revoke or to refuse | ||
to renew a license under Section 9 or 9.01 of this Act; or | ||
(4) Refuses to perform work in violation of a | ||
licensing or other law or regulation after notifying the | ||
employer of the violation. | ||
(c)(1) A claim by an employee alleging an employer's | ||
violation of subsection (b) of this Section shall be presented | ||
to the employer within 30 days after the date of the action | ||
complained of and shall be filed with the Department of Labor | ||
within 60 days after the date of the action complained of. |
(2) Upon receipt of the complaint, the Department of Labor | ||
shall conduct whatever investigation it deems appropriate, and | ||
may hold a hearing. After investigation or hearing, the | ||
Department of Labor shall determine whether the employer has | ||
violated subsection (b) of this Section and it shall notify | ||
the employer and the employee of its determination. | ||
(3) If the Department of Labor determines that the | ||
employer has violated subsection (b) of this Section, and the | ||
employer refuses to take remedial action to comply with the | ||
determination, the Department of Labor shall so notify the | ||
Attorney General, who shall bring an action against the | ||
employer in the circuit court seeking enforcement of its | ||
determination. The court may order any appropriate relief, | ||
including rehiring and reinstatement of the employee to the | ||
person's former position with backpay and other benefits. | ||
(d) Except for any grievance procedure, arbitration , or | ||
hearing which is available to the employee pursuant to a | ||
collective bargaining agreement, this Section shall be the | ||
exclusive remedy for an employee complaining of any action | ||
described in subsection (b). | ||
(e) Any employer who willfully refuses to rehire, promote , | ||
or otherwise restore an employee or former employee who has | ||
been determined eligible for rehiring or promotion as a result | ||
of any grievance procedure, arbitration , or hearing authorized | ||
by law shall be guilty of a Class A misdemeanor. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.) |
(225 ILCS 10/7.10) | ||
Sec. 7.10. Progress report. | ||
(a) For the purposes of this Section, "child day care | ||
licensing" or "day care licensing" means licensing of day care | ||
centers, day care homes, and group day care homes. | ||
(b) No later than September 30th of each year, the | ||
Department of Early Childhood shall provide the General | ||
Assembly with a comprehensive report on its progress in | ||
meeting performance measures and goals related to child day | ||
care licensing. | ||
(c) The report shall include: | ||
(1) details on the funding for child day care | ||
licensing, including: | ||
(A) the total number of full-time employees | ||
working on child day care licensing; | ||
(B) the names of all sources of revenue used to | ||
support child day care licensing; | ||
(C) the amount of expenditures that is claimed | ||
against federal funding sources; | ||
(D) the identity of federal funding sources; and | ||
(E) how funds are appropriated, including | ||
appropriations for line staff, support staff, | ||
supervisory staff, and training and other expenses and | ||
the funding history of such licensing since fiscal | ||
year 2010; |
(2) current staffing qualifications of day care | ||
licensing representatives and day care licensing | ||
supervisors in comparison with staffing qualifications | ||
specified in the job description; | ||
(3) data history for fiscal year 2010 to the current | ||
fiscal year on day care licensing representative caseloads | ||
and staffing levels in all areas of the State; | ||
(4) per the DCFS Child Day Care Licensing Advisory | ||
Council's work plan, quarterly data on the following | ||
measures: | ||
(A) the percentage of new applications disposed of | ||
within 90 days; | ||
(B) the percentage of licenses renewed on time; | ||
(C) the percentage of day care centers receiving | ||
timely annual monitoring visits; | ||
(D) the percentage of day care homes receiving | ||
timely annual monitoring visits; | ||
(E) the percentage of group day care homes | ||
receiving timely annual monitoring visits; | ||
(F) the percentage of provider requests for | ||
supervisory review; | ||
(G) the progress on adopting a key indicator | ||
system; | ||
(H) the percentage of complaints disposed of | ||
within 30 days; | ||
(I) the average number of days a day care center |
applicant must wait to attend a licensing orientation; | ||
(J) the number of licensing orientation sessions | ||
available per region in the past year; and | ||
(K) the number of Department of Early Childhood | ||
trainings related to licensing and child development | ||
available to providers in the past year; and | ||
(5) efforts to coordinate with the Department of Human | ||
Services and the State Board of Education on professional | ||
development, credentialing issues, and child developers, | ||
including training registry, child developers, and Quality | ||
Rating and Improvement Systems (QRIS). | ||
(d) The Department of Early Childhood shall work with the | ||
Governor's appointed Early Learning Council on issues related | ||
to and concerning child day care. | ||
(Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15 .) | ||
(225 ILCS 10/8) (from Ch. 23, par. 2218) | ||
Sec. 8. The Department may revoke or refuse to renew the | ||
license of any child care facility (other than a day care | ||
center, day care home, or group day care home) or child welfare | ||
agency or refuse to issue full license to the holder of a | ||
permit should the licensee or holder of a permit: | ||
(1) fail to maintain standards prescribed and | ||
published by the Department; | ||
(2) violate any of the provisions of the license | ||
issued; |
(3) furnish or make any misleading or any false | ||
statement or report to the Department; | ||
(4) refuse to submit to the Department any reports or | ||
refuse to make available to the Department any records | ||
required by the Department in making investigation of the | ||
facility for licensing purposes; | ||
(5) fail or refuse to submit to an investigation by | ||
the Department; | ||
(6) fail or refuse to admit authorized representatives | ||
of the Department at any reasonable time for the purpose | ||
of investigation; | ||
(7) fail to provide, maintain, equip and keep in safe | ||
and sanitary condition premises established or used for | ||
child care as required under standards prescribed by the | ||
Department, or as otherwise required by any law, | ||
regulation or ordinance applicable to the location of such | ||
facility; | ||
(8) refuse to display its license or permit; | ||
(9) be the subject of an indicated report under | ||
Section 3 of the Abused and Neglected Child Reporting Act | ||
or fail to discharge or sever affiliation with the child | ||
care facility of an employee or volunteer at the facility | ||
with direct contact with children who is the subject of an | ||
indicated report under Section 3 of that Act; | ||
(10) fail to comply with the provisions of Section | ||
7.1; |
(11) fail to exercise reasonable care in the hiring, | ||
training and supervision of facility personnel; | ||
(12) fail to report suspected abuse or neglect of | ||
children within the facility, as required by the Abused | ||
and Neglected Child Reporting Act; | ||
(12.5) fail to comply with subsection (c-5) of Section | ||
7.4; | ||
(13) fail to comply with Section 5.1 or 5.2 of this | ||
Act; or | ||
(14) be identified in an investigation by the | ||
Department as a person with a substance use disorder, as | ||
defined in the Substance Use Disorder Act, or be a person | ||
whom the Department knows has abused alcohol or drugs, and | ||
has not successfully participated in treatment, self-help | ||
groups or other suitable activities, and the Department | ||
determines that because of such abuse the licensee, holder | ||
of the permit, or any other person directly responsible | ||
for the care and welfare of the children served, does not | ||
comply with standards relating to character, suitability | ||
or other qualifications established under Section 7 of | ||
this Act. | ||
(Source: P.A. 100-759, eff. 1-1-19 .) | ||
(225 ILCS 10/8a new) | ||
Sec. 8a. Grounds for revocation or refusal to renew | ||
license; Department of Early Childhood. The Department of |
Early Childhood may revoke or refuse to renew the license of | ||
any day care center, day care home, or group day care home or | ||
refuse to issue full license to the holder of a permit should | ||
the licensee or holder of a permit: | ||
(1) fail to maintain standards prescribed and | ||
published by the Department of Early Childhood; | ||
(2) violate any of the provisions of the license | ||
issued; | ||
(3) furnish or make any misleading or any false | ||
statement or report to the Department of Early Childhood; | ||
(4) refuse to submit Department of Early Childhood any | ||
reports or refuse to make available Department of Early | ||
Childhood any records required by the Department of Early | ||
Childhood in making investigation of the facility for | ||
licensing purposes; | ||
(5) fail or refuse to submit to an investigation by | ||
the Department of Early Childhood; | ||
(6) fail or refuse to admit authorized representatives | ||
of the Department of Early Childhood at any reasonable | ||
time for the purpose of investigation; | ||
(7) fail to provide, maintain, equip and keep in safe | ||
and sanitary condition premises established or used for | ||
child care as required under standards prescribed by the | ||
Department of Early Childhood or as otherwise required by | ||
any law, regulation or ordinance applicable to the | ||
location of such facility; |
(8) refuse to display its license or permit; | ||
(9) be the subject of an indicated report under | ||
Section 3 of the Abused and Neglected Child Reporting Act | ||
or fail to discharge or sever affiliation with the day | ||
care center, day care home, or group day care home of an | ||
employee or volunteer at the day care center, day care | ||
home, or group day care home with direct contact with | ||
children who is the subject of an indicated report under | ||
Section 3 of that Act; | ||
(10) fail to comply with the provisions of Section | ||
7.1; | ||
(11) fail to exercise reasonable care in the hiring, | ||
training and supervision of facility personnel; | ||
(12) fail to report suspected abuse or neglect of | ||
children within the facility, as required by the Abused | ||
and Neglected Child Reporting Act; | ||
(12.5) fail to comply with subsection (c-5) of Section | ||
7.4; | ||
(13) fail to comply with Section 5.1 or 5.2 of this | ||
Act; or | ||
(14) be identified in an investigation by the | ||
Department of Early Childhood as a person with a substance | ||
use disorder, as defined in the Substance Use Disorder | ||
Act, or be a person whom the Department of Early Childhood | ||
knows has abused alcohol or drugs, and has not | ||
successfully participated in treatment, self-help groups |
or other suitable activities, and the Department of Early | ||
Childhood determines that because of such abuse the | ||
licensee, holder of the permit, or any other person | ||
directly responsible for the care and welfare of the | ||
children served, does not comply with standards relating | ||
to character, suitability or other qualifications | ||
established under Section 7.01 of this Act. | ||
(225 ILCS 10/8.1) (from Ch. 23, par. 2218.1) | ||
Sec. 8.1. The Department shall revoke or refuse to renew | ||
the license of any child care facility (other than a day care | ||
center, day care home, or group day care home) or refuse to | ||
issue a full license to the holder of a permit should the | ||
licensee or holder of a permit: | ||
(1) fail to correct any condition which jeopardizes the | ||
health, safety, morals, or welfare of children served by the | ||
facility; | ||
(2) fail to correct any condition or occurrence relating | ||
to the operation or maintenance of the facility comprising a | ||
violation under Section 8 of this Act; or | ||
(3) fail to maintain financial resources adequate for the | ||
satisfactory care of children served in regard to upkeep of | ||
premises, and provisions for personal care, medical services, | ||
clothing, education and other essentials in the proper care, | ||
rearing and training of children. | ||
(Source: P.A. 83-1362.) |
(225 ILCS 10/8.1a new) | ||
Sec. 8.1a. Other grounds for revocation or refusal to | ||
renew license; Department of Early Childhood. The Department | ||
of Early Childhood shall revoke or refuse to renew the license | ||
of any day care center, day care home, or group day care home | ||
or refuse to issue a full license to the holder of a permit | ||
should the licensee or holder of a permit: | ||
(1) fail to correct any condition which jeopardizes | ||
the health, safety, morals, or welfare of children served | ||
by the facility; | ||
(2) fail to correct any condition or occurrence | ||
relating to the operation or maintenance of the facility | ||
comprising a violation under Section 8a of this Act; or | ||
(3) fail to maintain financial resources adequate for | ||
the satisfactory care of children served in regard to | ||
upkeep of premises, and provisions for personal care, | ||
medical services, clothing, education and other essentials | ||
in the proper care, rearing and training of children. | ||
(225 ILCS 10/8.2) (from Ch. 23, par. 2218.2) | ||
Sec. 8.2. The Department may issue a conditional license | ||
to any child care facility (other than a day care center, day | ||
care home, or group day care home) which currently is licensed | ||
under this Act. The conditional license shall be a | ||
nonrenewable license for a period of 6 months and the |
Department shall revoke any other license held by the | ||
conditionally licensed facility. Conditional licenses shall | ||
only be granted to facilities where no threat to the health, | ||
safety, morals or welfare of the children served exists. A | ||
complete listing of deficiencies and a corrective plan | ||
approved by the Department shall be in existence at the time a | ||
conditional license is issued. Failure by the facility to | ||
correct the deficiencies or meet all licensing standards at | ||
the end of the conditional license period shall result in | ||
immediate revocation of or refusal to renew the facility's | ||
license as provided in Section 8.1 of this Act. | ||
(Source: P.A. 85-216.) | ||
(225 ILCS 10/8.2a new) | ||
Sec. 8.2a. Conditional license; Department of Early | ||
Childhood. The Department of Early Childhood may issue a | ||
conditional license to any day care center, day care home, or | ||
group day care home which currently is licensed under this | ||
Act. The conditional license shall be a nonrenewable license | ||
for a period of 6 months and the Department of Early Childhood | ||
shall revoke any other license held by the conditionally | ||
licensed facility. Conditional licenses shall only be granted | ||
to facilities where no threat to the health, safety, morals or | ||
welfare of the children served exists. A complete listing of | ||
deficiencies and a corrective plan approved by the Department | ||
of Early Childhood shall be in existence at the time a |
conditional license is issued. Failure by the facility to | ||
correct the deficiencies or meet all licensing standards at | ||
the end of the conditional license period shall result in | ||
immediate revocation of or refusal to renew the facility's | ||
license as provided in Section 8.1a of this Act. | ||
(225 ILCS 10/8.5) | ||
Sec. 8.5. Reporting suspected abuse or neglect ; Department | ||
of Children and Family Services . The Department shall address | ||
through rules and procedures the failure of individual staff | ||
at child care facilities (other than a day care center, day | ||
care home, or group day care home) or child welfare agencies to | ||
report suspected abuse or neglect of children within the child | ||
care facility as required by the Abused and Neglected Child | ||
Reporting Act. | ||
The rules and procedures shall include provisions for when | ||
the Department learns of the child care facility's staff's | ||
failure to report suspected abuse or neglect of children and | ||
the actions the Department will take to (i) ensure that the | ||
child care facility takes immediate action with the individual | ||
staff involved and (ii) investigate whether the failure to | ||
report suspected abuse and neglect was a single incident or | ||
part of a larger incident involving additional staff members | ||
who failed to report, or whether the failure to report | ||
suspected abuse and neglect is a system-wide problem within | ||
the child care facility or child welfare agency. The rules and |
procedures shall also include the use of corrective action | ||
plans and the use of supervisory teams to review staff and | ||
facility understanding of their reporting requirements. | ||
The Department shall adopt rules by July 1, 2016. | ||
(Source: P.A. 99-350, eff. 1-1-16 .) | ||
(225 ILCS 10/8.6 new) | ||
Sec. 8.6. Reporting suspected abuse or neglect; Department | ||
of Early Childhood. The Department of Early Childhood shall | ||
address through rules and procedures the failure of individual | ||
staff at day care centers, day care homes, and group day care | ||
homes to report suspected abuse or neglect of children within | ||
the child care facility as required by the Abused and | ||
Neglected Child Reporting Act. | ||
The rules and procedures shall include provisions for when | ||
the Department of Early Childhood learns of the child care | ||
facility's staff's failure to report suspected abuse or | ||
neglect of children and the actions the Department of Early | ||
Childhood will take to (i) ensure that the child care facility | ||
takes immediate action with the individual staff involved and | ||
(ii) investigate whether the failure to report suspected abuse | ||
and neglect was a single incident or part of a larger incident | ||
involving additional staff members who failed to report, or | ||
whether the failure to report suspected abuse and neglect is a | ||
system-wide problem within the child care facility. The rules | ||
and procedures shall also include the use of corrective action |
plans and the use of supervisory teams to review staff and | ||
facility understanding of their reporting requirements. | ||
The Department of Early Childhood shall adopt rules to | ||
administer this Section. | ||
(225 ILCS 10/9) (from Ch. 23, par. 2219) | ||
Sec. 9. Prior to revocation or refusal to renew a license | ||
(other than a license of a day care center, day care home, or | ||
group day care home) , the Department shall notify the licensee | ||
by registered mail with postage prepaid, at the address | ||
specified on the license, or at the address of the ranking or | ||
presiding officer of a board of directors, or any equivalent | ||
body conducting a child care facility, of the contemplated | ||
action and that the licensee may, within 10 days of such | ||
notification, dating from the postmark of the registered mail, | ||
request in writing a public hearing before the Department, | ||
and, at the same time, may request a written statement of | ||
charges from the Department. | ||
(a) Upon written request by the licensee, the Department | ||
shall furnish such written statement of charges, and, at the | ||
same time, shall set the date and place for the hearing. The | ||
charges and notice of the hearing shall be delivered by | ||
registered mail with postage prepaid, and the hearing must be | ||
held within 30 days, dating from the date of the postmark of | ||
the registered mail, except that notification must be made at | ||
least 15 days in advance of the date set for the hearing. |
(b) If no request for a hearing is made within 10 days | ||
after notification, or if the Department determines, upon | ||
holding a hearing, that the license should be revoked or | ||
renewal denied, then the license shall be revoked or renewal | ||
denied. | ||
(c) Upon the hearing of proceedings in which the license | ||
is revoked, renewal of license is refused or full license is | ||
denied, the Director of the Department, or any officer or | ||
employee duly authorized by the Director in writing, may | ||
administer oaths and the Department may procure, by its | ||
subpoena, the attendance of witnesses and the production of | ||
relevant books and papers. | ||
(d) At the time and place designated, the Director of the | ||
Department or the officer or employee authorized by the | ||
Director in writing, shall hear the charges, and both the | ||
Department and the licensee shall be allowed to present in | ||
person or by counsel such statements, testimony and evidence | ||
as may be pertinent to the charges or to the defense thereto. | ||
The hearing officer may continue such hearing from time to | ||
time, but not to exceed a single period of 30 days, unless | ||
special extenuating circumstances make further continuance | ||
feasible. | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
(225 ILCS 10/9.01 new) | ||
Sec. 9.01. Revocation or refusal to renew a license; |
Department of Early Childhood. Prior to revocation or refusal | ||
to renew a license of a day care center, day care home, or | ||
group day care home, the Department of Early Childhood shall | ||
notify the licensee by registered mail with postage prepaid, | ||
at the address specified on the license, or at the address of | ||
the ranking or presiding officer of a board of directors, or | ||
any equivalent body conducting a day care center, day care | ||
home, or group day care home, of the contemplated action and | ||
that the licensee may, within 10 days of such notification, | ||
dating from the postmark of the registered mail, request in | ||
writing a public hearing before the Department of Early | ||
Childhood, and, at the same time, may request a written | ||
statement of charges from the Department of Early Childhood. | ||
(a) Upon written request by the licensee, the Department | ||
of Early Childhood shall furnish such written statement of | ||
charges, and, at the same time, shall set the date and place | ||
for the hearing. The charges and notice of the hearing shall be | ||
delivered by registered mail with postage prepaid, and the | ||
hearing must be held within 30 days, dating from the date of | ||
the postmark of the registered mail, except that notification | ||
must be made at least 15 days in advance of the date set for | ||
the hearing. | ||
(b) If no request for a hearing is made within 10 days | ||
after notification, or if the Department of Early Childhood | ||
determines, upon holding a hearing, that the license should be | ||
revoked or renewal denied, then the license shall be revoked |
or renewal denied. | ||
(c) Upon the hearing of proceedings in which the license | ||
is revoked, renewal of license is refused, or full license is | ||
denied, the Secretary of Early Childhood, or any officer or | ||
employee duly authorized by the Secretary in writing, may | ||
administer oaths and the Department of Early Childhood may | ||
procure, by its subpoena, the attendance of witnesses and the | ||
production of relevant books and papers. | ||
(d) At the time and place designated, the Secretary of | ||
Early Childhood or the officer or employee authorized by the | ||
Secretary in writing shall hear the charges, and both the | ||
Department of Early Childhood and the licensee shall be | ||
allowed to present in person or by counsel such statements, | ||
testimony, and evidence as may be pertinent to the charges or | ||
to the defense thereto. The hearing officer may continue such | ||
hearing from time to time, but not to exceed a single period of | ||
30 days, unless special extenuating circumstances make further | ||
continuance feasible. | ||
(225 ILCS 10/9.1) (from Ch. 23, par. 2219.1) | ||
Sec. 9.1. Before the Department of Children and Family | ||
Services or the Department of Early Childhood initiates a | ||
full-scale investigation of any complaint received regarding a | ||
child care facility the Department may, when appropriate, | ||
provide procedures for the substantiation of the complaint. | ||
(Source: P.A. 87-265.) |
(225 ILCS 10/9.1c) | ||
Sec. 9.1c. Public database of day care homes, group day | ||
care homes, and day care centers; license status. The No later | ||
than July 1, 2018, the Department of Early Childhood shall | ||
establish and maintain on its official website a searchable | ||
database, freely accessible to the public, that provides the | ||
following information on each day care home, group day care | ||
home, and day care center licensed by the Department of Early | ||
Childhood : whether, within the past 5 years, the day care | ||
home, group day care home, or day care center has had its | ||
license revoked by or surrendered to the Department of | ||
Children and Family Services or the Department of Early | ||
Childhood during a child abuse or neglect investigation or its | ||
application for a renewal of its license was denied by the | ||
Department of Children and Family Services or the Department | ||
of Early Childhood , and, if so, the dates upon which the | ||
license was revoked by or surrendered to the Department of | ||
Children and Family Services or the Department of Early | ||
Childhood or the application for a renewal of the license was | ||
denied by the Department of Children and Family Services or | ||
the Department of Early Childhood . The Department of Early | ||
Childhood may adopt any rules necessary to implement this | ||
Section. Nothing in this Section shall be construed to allow | ||
or authorize the Department of Early Childhood to release or | ||
disclose any information that is prohibited from public |
disclosure under this Act or under any other State or federal | ||
law. | ||
(Source: P.A. 100-52, eff. 1-1-18 .) | ||
(225 ILCS 10/9.2) | ||
Sec. 9.2. Toll free number; day care information. The | ||
Department of Children and Family Services and the Department | ||
of Early Childhood shall establish and maintain a statewide | ||
toll-free telephone numbers number that all persons may use to | ||
inquire about the past history and record of a day care | ||
facility operating in this State under the jurisdiction of | ||
each of the Departments . The past history and record shall | ||
include, but shall not be limited to, Department substantiated | ||
complaints by each Department against a day care facility and | ||
Department staff findings by each Department of license | ||
violations by a day care facility. Information disclosed in | ||
accordance with this Section shall be subject to the | ||
confidentiality requirements provided in this Act. | ||
(Source: P.A. 90-671, eff. 1-1-99.) | ||
(225 ILCS 10/10) (from Ch. 23, par. 2220) | ||
Sec. 10. Any circuit court, upon application either of the | ||
person requesting a hearing or of the Department of Children | ||
and Family Services or the Department of Early Childhood , may | ||
require the attendance of witnesses and the production of | ||
relevant books and papers before the Department of Children |
and Family Services or the Department of Early Childhood in | ||
any hearing relating to the refusal or revocation of licenses. | ||
The refusal or neglect to obey the order of the court | ||
compelling the attendance or production, is punishable as in | ||
other cases of contempt. | ||
(Source: P.A. 83-334.) | ||
(225 ILCS 10/11) (from Ch. 23, par. 2221) | ||
Sec. 11. Whenever the Department of Children and Family | ||
Services or the Department of Early Childhood is advised, or | ||
has reason to believe, that any person, group of persons or | ||
corporation is operating a child welfare agency or a child | ||
care facility without a license or permit, it shall make an | ||
investigation to ascertain the facts. If the Department is | ||
denied access, it shall request intervention of local, county | ||
or State law enforcement agencies to seek an appropriate court | ||
order or warrant to examine the premises. A person or entity | ||
preventing the Department of Children and Family Services or | ||
the Department of Early Childhood from carrying out its duties | ||
under this Section shall be guilty of a violation of this Act | ||
and shall be subject to such penalties related thereto. If the | ||
Department of Children and Family Services or the Department | ||
of Early Childhood it finds that the child welfare agency or | ||
child care facility is being, or has been operated without a | ||
license or permit, it shall report the results of its | ||
investigation to the Attorney General, and to the appropriate |
State's Attorney for investigation and, if appropriate, | ||
prosecution. | ||
Operating a child welfare agency or child care facility | ||
without a license constitutes a Class A misdemeanor, followed | ||
by a business offense, if the operator continues to operate | ||
the facility and no effort is made to obtain a license. The | ||
business offense fine shall not exceed $10,000 and each day of | ||
a violation is a separate offense. | ||
(Source: P.A. 94-586, eff. 8-15-05.) | ||
(225 ILCS 10/11.1) (from Ch. 23, par. 2221.1) | ||
Sec. 11.1. Referrals to law enforcement. | ||
(a) If the Department of Children and Family Services or | ||
the Department of Early Childhood has reasonable cause to | ||
believe that any person, group of persons, corporation, | ||
agency, association, organization, institution, center, or | ||
group is engaged or about to engage in any acts or practices | ||
that constitute or will constitute a violation of this Act, | ||
the Department shall inform the Attorney General or the | ||
State's Attorney of the appropriate county, who may initiate | ||
the appropriate civil or criminal proceedings. Upon a proper | ||
showing, any circuit court may enter a permanent or | ||
preliminary injunction or temporary restraining order without | ||
bond to enforce this Act or any rule or regulation prescribed | ||
thereunder in addition to the penalties and other remedies | ||
provided in this Act. |
(b) If the Department has reasonable cause to believe that | ||
any person, group of persons, corporation, agency, | ||
association, organization, institution, center, or group is | ||
engaged or is about to engage in any act or practice that | ||
constitutes or may constitute a violation of any rule adopted | ||
under the authority of this Act, the Department may inform the | ||
Attorney General or the State's Attorney of the appropriate | ||
county, who may initiate the appropriate civil or criminal | ||
proceedings. Upon a proper showing, any circuit court may | ||
enter a permanent or preliminary injunction or temporary | ||
restraining order without bond to enforce this Act or any rule | ||
prescribed under this Act, in addition to the penalties and | ||
other remedies provided in this Act. | ||
(Source: P.A. 94-586, eff. 8-15-05.) | ||
(225 ILCS 10/11.1a new) | ||
Sec. 11.1a. Referrals to law enforcement; Department of | ||
Early Childhood. | ||
(a) If the Department of Early Childhood has reasonable | ||
cause to believe that any person, group of persons, | ||
corporation, agency, association, organization, institution, | ||
center, or group is engaged or about to engage in any acts or | ||
practices that constitute or will constitute a violation of | ||
this Act, the Department of Early Childhood shall inform the | ||
Attorney General or the State's Attorney of the appropriate | ||
county, who may initiate the appropriate civil or criminal |
proceedings. Upon a proper showing, any circuit court may | ||
enter a permanent or preliminary injunction or temporary | ||
restraining order without bond to enforce this Act or any rule | ||
or regulation prescribed thereunder in addition to the | ||
penalties and other remedies provided in this Act. | ||
(b) If the Department of Early Childhood has reasonable | ||
cause to believe that any person, group of persons, | ||
corporation, agency, association, organization, institution, | ||
center, or group is engaged or is about to engage in any act or | ||
practice that constitutes or may constitute a violation of any | ||
rule adopted under the authority of this Act, the Department | ||
of Early Childhood may inform the Attorney General or the | ||
State's Attorney of the appropriate county, who may initiate | ||
the appropriate civil or criminal proceedings. Upon a proper | ||
showing, any circuit court may enter a permanent or | ||
preliminary injunction or temporary restraining order without | ||
bond to enforce this Act or any rule prescribed under this Act, | ||
in addition to the penalties and other remedies provided in | ||
this Act. | ||
(225 ILCS 10/11.2) (from Ch. 23, par. 2221.2) | ||
Sec. 11.2. Whenever the Department expressly finds that | ||
the continued operation of a child care facility, including | ||
such facilities defined in Section 2.10 and unlicensed | ||
facilities, jeopardizes the health, safety, morals, or welfare | ||
of children served by the facility, the Department shall issue |
an order of closure directing that the operation of the | ||
facility terminate immediately, and, if applicable, shall | ||
initiate revocation proceedings under Section 9 within ten | ||
working days. A facility closed under this Section may not | ||
operate during the pendency of any proceeding for the judicial | ||
review of the decision of the Department to issue an order of | ||
closure or to revoke or refuse to renew the license, except | ||
under court order. | ||
This Section does not apply to unlicensed facilities that | ||
qualify for an exemption under Section 2.10, day care centers, | ||
day care homes, and group day care homes. | ||
(Source: P.A. 85-216.) | ||
(225 ILCS 10/11.3 new) | ||
Sec. 11.3. Order of closure; Department of Early | ||
Childhood. Whenever the Department of Early Childhood | ||
expressly finds that the continued operation of a day care | ||
center, day care home, or group day care home, including a | ||
facility defined in Section 2.10 and an unlicensed facility, | ||
jeopardizes the health, safety, morals, or welfare of children | ||
served by the facility, the Department of Early Childhood | ||
shall issue an order of closure directing that the operation | ||
of the facility terminate immediately, and, if applicable, | ||
shall initiate revocation proceedings under Section 9.01 | ||
within 10 working days. A facility closed under this Section | ||
may not operate during the pendency of any proceeding for the |
judicial review of the decision of the Department of Early | ||
Childhood to issue an order of closure or to revoke or refuse | ||
to renew the license, except under court order. | ||
(225 ILCS 10/12) (from Ch. 23, par. 2222) | ||
Sec. 12. Advertisements ; Department of Children and Family | ||
Services . | ||
(a) In this Section, "advertise" means communication by | ||
any public medium originating or distributed in this State, | ||
including, but not limited to, newspapers, periodicals, | ||
telephone book listings, outdoor advertising signs, radio, or | ||
television. | ||
(b) With the exception of day care centers, day care | ||
homes, and group day care homes, a A child care facility or | ||
child welfare agency licensed or operating under a permit | ||
issued by the Department may publish advertisements for the | ||
services that the facility is specifically licensed or issued | ||
a permit under this Act to provide. A person, group of persons, | ||
agency, association, organization, corporation, institution, | ||
center, or group who advertises or causes to be published any | ||
advertisement offering, soliciting, or promising to perform | ||
adoption services as defined in Section 2.24 of this Act is | ||
guilty of a Class A misdemeanor and shall be subject to a fine | ||
not to exceed $10,000 or 9 months imprisonment for each | ||
advertisement, unless that person, group of persons, agency, | ||
association, organization, corporation, institution, center, |
or group is (i) licensed or operating under a permit issued by | ||
the Department as a child care facility or child welfare | ||
agency, (ii) a birth parent or a prospective adoptive parent | ||
acting on the birth parent's or prospective adoptive parent's | ||
own behalf, or (iii) a licensed attorney advertising the | ||
licensed attorney's availability to provide legal services | ||
relating to adoption, as permitted by law. | ||
(c) Every advertisement published after the effective date | ||
of this amendatory Act of the 94th General Assembly shall | ||
include the Department-issued license number of the facility | ||
or agency. | ||
(d) Any licensed child welfare agency providing adoption | ||
services that, after the effective date of this amendatory Act | ||
of the 94th General Assembly, causes to be published an | ||
advertisement containing reckless or intentional | ||
misrepresentations concerning adoption services or | ||
circumstances material to the placement of a child for | ||
adoption is guilty of a Class A misdemeanor and is subject to a | ||
fine not to exceed $10,000 or 9 months imprisonment for each | ||
advertisement. | ||
(e) An out-of-state agency that is not licensed in | ||
Illinois and that has a written interagency agreement with one | ||
or more Illinois licensed child welfare agencies may advertise | ||
under this Section, provided that (i) the out-of-state agency | ||
must be officially recognized by the United States Internal | ||
Revenue Service as a tax-exempt organization under 501(c)(3) |
of the Internal Revenue Code of 1986 (or any successor | ||
provision of federal tax law), (ii) the out-of-state agency | ||
provides only international adoption services and is covered | ||
by the Intercountry Adoption Act of 2000, (iii) the | ||
out-of-state agency displays, in the advertisement, the | ||
license number of at least one of the Illinois licensed child | ||
welfare agencies with which it has a written agreement, and | ||
(iv) the advertisements pertain only to international adoption | ||
services. Subsection (d) of this Section shall apply to any | ||
out-of-state agencies described in this subsection (e). | ||
(f) An advertiser, publisher, or broadcaster, including, | ||
but not limited to, newspapers, periodicals, telephone book | ||
publishers, outdoor advertising signs, radio stations, or | ||
television stations, who knowingly or recklessly advertises or | ||
publishes any advertisement offering, soliciting, or promising | ||
to perform adoption services, as defined in Section 2.24 of | ||
this Act, on behalf of a person, group of persons, agency, | ||
association, organization, corporation, institution, center, | ||
or group, not authorized to advertise under subsection (b) or | ||
subsection (e) of this Section, is guilty of a Class A | ||
misdemeanor and is subject to a fine not to exceed $10,000 or 9 | ||
months imprisonment for each advertisement. | ||
(g) The Department shall maintain a website listing child | ||
welfare agencies licensed by the Department that provide | ||
adoption services and other general information for birth | ||
parents and adoptive parents. The website shall include, but |
not be limited to, agency addresses, phone numbers, e-mail | ||
addresses, website addresses, annual reports as referenced in | ||
Section 7.6 of this Act, agency license numbers, the Birth | ||
Parent Bill of Rights, the Adoptive Parents Bill of Rights, | ||
and the Department's complaint registry established under | ||
Section 9.1a of this Act. The Department shall adopt any rules | ||
necessary to implement this Section. | ||
(h) (Blank) Nothing in this Act shall prohibit a day care | ||
agency, day care center, day care home, or group day care home | ||
that does not provide or perform adoption services, as defined | ||
in Section 2.24 of this Act, from advertising or marketing the | ||
day care agency, day care center, day care home, or group day | ||
care home . | ||
(Source: P.A. 103-22, eff. 8-8-23.) | ||
(225 ILCS 10/12.1 new) | ||
Sec. 12.1. Advertisements; Department of Early Childhood. | ||
(a) In this Section, "advertise" means communication by | ||
any public medium originating or distributed in this State, | ||
including, but not limited to, newspapers, periodicals, | ||
telephone book listings, outdoor advertising signs, radio, or | ||
television. | ||
(b) A day care center, day care home, or group day care | ||
home licensed or operating under a permit issued by the | ||
Department of Early Childhood may publish advertisements for | ||
the services that the day care center, day care home, or group |
day care home is specifically licensed or issued a permit | ||
under this Act to provide. A person, group of persons, agency, | ||
association, organization, corporation, institution, center, | ||
or group that advertises or causes to be published any | ||
advertisement offering, soliciting, or promising to perform | ||
adoption services as defined in Section 2.24 of this Act is | ||
guilty of a Class A misdemeanor and shall be subject to a fine | ||
not to exceed $10,000 or 9 months' imprisonment for each | ||
advertisement, unless that person, group of persons, agency, | ||
association, organization, corporation, institution, center, | ||
or group is licensed or operating under a permit issued by | ||
Department of Early Childhood as a day care center, day care | ||
home, or group day care home, as permitted by law. | ||
(c) Every advertisement published after the effective date | ||
of this amendatory Act of the 103rd General Assembly shall | ||
include the Department of Early Childhood license number of | ||
the facility or agency. | ||
(225 ILCS 10/15) (from Ch. 23, par. 2225) | ||
Sec. 15. With the exception of day care centers, day care | ||
homes, and group day care homes, every Every child care | ||
facility must keep and maintain such records as the Department | ||
may prescribe pertaining to the admission, progress, health | ||
and discharge of children under the care of the facility and | ||
shall report relative thereto to the Department whenever | ||
called for, upon forms prescribed by the Department. All |
records regarding children and all facts learned about | ||
children and their relatives must be kept confidential both by | ||
the child care facility and by the Department. | ||
Nothing contained in this Act prevents the sharing or | ||
disclosure of information or records relating or pertaining to | ||
juveniles subject to the provisions of the Serious Habitual | ||
Offender Comprehensive Action Program when that information is | ||
used to assist in the early identification and treatment of | ||
habitual juvenile offenders. | ||
Nothing contained in this Act prevents the disclosure of | ||
information or records by a licensed child welfare agency as | ||
required under subsection (c-5) of Section 7.4. | ||
(Source: P.A. 94-1010, eff. 10-1-06.) | ||
(225 ILCS 10/15.1 new) | ||
Sec. 15.1. Records; confidentiality; Department of Early | ||
Childhood. Every day care center, day care home, and group day | ||
care home must keep and maintain such records as the | ||
Department of Early Childhood may prescribe pertaining to the | ||
admission, progress, health and discharge of children under | ||
the care of the day care center, day care home, or group day | ||
care home, and shall report relative thereto to the Department | ||
of Early Childhood whenever called for, upon forms prescribed | ||
by the Department of Early Childhood. All records regarding | ||
children and all facts learned about children and their | ||
relatives must be kept confidential both by the day care |
center, day care home, or group day care home and by the | ||
Department of Early Childhood. | ||
(225 ILCS 10/16) (from Ch. 23, par. 2226) | ||
Sec. 16. (a) Subsections (a-1) through (d) do not apply to | ||
any circumstances to which Section 16.1 applies. | ||
(a-1) (a) Any child care facility receiving a child for | ||
care or supervision from a foreign state or country shall | ||
report that child to the Department in the same manner as is | ||
required for reporting other children. | ||
(b) A person, agency or organization, other than a | ||
licensed child care institution or child welfare agency, may | ||
not receive a foreign child without prior notice to and | ||
approval of the Department. | ||
(c) In all instances the Department may require a guaranty | ||
that a child accepted for care or supervision from a foreign | ||
state or country will not become a public charge upon the State | ||
of Illinois. | ||
(d) Reports to the Department must be made, as required. | ||
(e) The Department may enter into agreements with public | ||
or voluntary social agencies headquartered in states adjacent | ||
to the State of Illinois, regarding the placement of children | ||
in licensed foster family homes within the boundaries of | ||
Illinois, if the agencies meet the standards and criteria | ||
required for license as a child welfare agency in Illinois. | ||
The agreements may allow foreign agencies to place and |
supervise children for whom they have responsibility within | ||
the State of Illinois, without regard to subsection (a-1) | ||
paragraph (a) of this Section. These agreements must, however, | ||
include a requirement that the agencies cooperate fully with | ||
the Department in its inquiry or investigation into the | ||
activities and standards of those agencies, and provide that | ||
the Department may, at any time upon 15 days written notice to | ||
an agency by registered mail, void the agreement and require | ||
the observance of subsection (a-1) paragraph (a) of this | ||
Section. | ||
(Source: P.A. 76-63 .) | ||
(225 ILCS 10/16.1 new) | ||
Sec. 16.1. Child from a foreign state or country; | ||
Department of Early Childhood. | ||
(a) Any day care center, day care home, or group day care | ||
home receiving a child for care or supervision from a foreign | ||
state or country shall report that child to the Department of | ||
Early Childhood in the same manner as is required for | ||
reporting other children. | ||
(b) A person, agency or organization, other than a | ||
licensed child care institution, may not receive a foreign | ||
child without prior notice to and approval of the Department | ||
of Early Childhood. | ||
(c) In all instances the Department of Early Childhood may | ||
require a guaranty that a child accepted for care or |
supervision from a foreign state or country will not become a | ||
public charge upon the State of Illinois. | ||
(d) Reports to the Department of Early Childhood must be | ||
made, as required. | ||
(225 ILCS 10/17) (from Ch. 23, par. 2227) | ||
Sec. 17. The Administrative Review Law and the rules | ||
adopted pursuant thereto apply to and govern , applies to and | ||
governs all proceedings for the judicial review of final | ||
administrative decisions of the Department of Children and | ||
Family Services and the Department of Early Childhood . The | ||
term "administrative decision" is defined as in Section 3-101 | ||
of the Code of Civil Procedure. | ||
(Source: P.A. 82-783.) | ||
(225 ILCS 10/18) (from Ch. 23, par. 2228) | ||
Sec. 18. Any person, group of persons, association , or | ||
corporation who , with respect to a child care facility other | ||
than a day care center, day care home, or group day care home: | ||
(1) conducts, operates , or acts as a child care facility | ||
without a license or permit to do so in violation of Section 3 | ||
of this Act; | ||
(2) makes materially false statements in order to obtain a | ||
license or permit; | ||
(3) fails to keep the records and make the reports | ||
provided under this Act; |
(4) advertises any service not authorized by license or | ||
permit held; | ||
(5) publishes any advertisement in violation of this Act; | ||
(6) receives within this State any child in violation of | ||
Section 16 of this Act; or | ||
(7) violates any other provision of this Act or any | ||
reasonable rule or regulation adopted and published by the | ||
Department for the enforcement of the provisions of this Act, | ||
is guilty of a Class A misdemeanor and in case of an | ||
association or corporation, imprisonment may be imposed upon | ||
its officers who knowingly participated in the violation. | ||
Any child care facility (other than a day care center, day | ||
care home, or group day care home) that continues to operate | ||
after its license is revoked under Section 8 of this Act or | ||
after its license expires and the Department refused to renew | ||
the license as provided in Section 8 of this Act is guilty of a | ||
business offense and shall be fined an amount in excess of $500 | ||
but not exceeding $10,000, and each day of violation is a | ||
separate offense. | ||
In a prosecution under this Act, a defendant who relies | ||
upon the relationship of any child to the defendant has the | ||
burden of proof as to that relationship. | ||
(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.) | ||
(225 ILCS 10/18.1 new) | ||
Sec. 18.1. Violations; day care center, day care home, or |
group day care home. Any person, group of persons, | ||
association, or corporation that: | ||
(1) conducts, operates or acts as a day care center, | ||
day care home, or group day care home without a license or | ||
permit to do so in violation of Section 3.01 of this Act; | ||
(2) makes materially false statements in order to | ||
obtain a license or permit; | ||
(3) fails to keep the records and make the reports | ||
provided under this Act; | ||
(4) advertises any service not authorized by license | ||
or permit held; | ||
(5) publishes any advertisement in violation of this | ||
Act; | ||
(6) receives within this State any child in violation | ||
of Section 16.1 of this Act; or | ||
(7) violates any other provision of this Act or any | ||
reasonable rule or regulation adopted and published by the | ||
Department of Early Childhood for the enforcement of the | ||
provisions of this Act, | ||
is guilty of a Class A misdemeanor and, in the case of an | ||
association or corporation, imprisonment may be imposed upon | ||
its officers who knowingly participated in the violation. | ||
Any day care center, day care home, or group day care home | ||
that continues to operate after its license is revoked under | ||
Section 8 or 8a of this Act or after its license expires and | ||
the Department of Early Childhood refused to renew the license |
as provided in Section 8 or 8a of this Act is guilty of a | ||
business offense and shall be fined an amount in excess of $500 | ||
but not exceeding $10,000. Each day of violation is a separate | ||
offense. | ||
In a prosecution under this Act, a defendant who relies | ||
upon the relationship of any child to the defendant has the | ||
burden of proof as to that relationship. | ||
ARTICLE 99. NONACCELERATION, SEVERABILITY, | ||
AND | ||
EFFECTIVE DATE | ||
Section 99-1. No acceleration or delay. Where this Act | ||
makes changes in a statute that is represented in this Act by | ||
text that is not yet or no longer in effect (for example, a | ||
Section represented by multiple versions), the use of that | ||
text does not accelerate or delay the taking effect of (i) the | ||
changes made by this Act or (ii) provisions derived from any | ||
other Public Act. | ||
Section 99-5. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Section 99-99. Effective date. This Act takes effect upon | ||
becoming law, except Article 95 takes effect on July 1, 2026. |