Public Act 103-0410
 
HB2396 EnrolledLRB103 30800 RJT 57293 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by adding Section
10-22.18e and by changing Sections 10-20.19a and 10-22.18 as
follows:
 
    (105 ILCS 5/10-20.19a)  (from Ch. 122, par. 10-20.19a)
    Sec. 10-20.19a. Kindergartens. After July 1, 1970, to
establish and maintain kindergartens for the instruction of
children in accordance with rules and regulations prescribed
by the State Board of Education. Such kindergartens may
provide for either a 1/2 day or a full day of attendance for
pupils enrolled therein.
    This Section is repealed on July 1, 2023.
(Source: P.A. 84-18.)
 
    (105 ILCS 5/10-22.18)  (from Ch. 122, par. 10-22.18)
    Sec. 10-22.18. Kindergartens.
    (a) To establish kindergartens for the instruction of
children between the ages of 4 and 6 years, if in their
judgment the public interest requires it, and to pay the
necessary expenses thereof out of the school funds of the
district. Until the 2027-2028 school year, upon Upon petition
of at least 50 parents or guardians of children between the
ages of 4 and 6, residing within any school district and within
one mile of the public school where such kindergarten is
proposed to be established, the board of directors shall, if
funds are available, establish a kindergarten in connection
with the public school designated in the petition and maintain
it as long as the annual average daily attendance therein is
not less than 15. Until the 2027-2028 school year, the The
board may establish a kindergarten with half-day attendance or
with full-day attendance; however, if . If the board
establishes full-day kindergarten, it shall also establish
half-day kindergarten. Beginning with the 2027-2028 school
year, each school board must establish a kindergarten with
full-day attendance and may establish a kindergarten with
half-day attendance. Full-day and half-day kindergarten should
be developmentally appropriate and provide opportunities for
play-based learning. No one shall be employed to teach in a
kindergarten who does not hold a license as provided by law.
    (b) An elementary or unit school district that does not
offer full-day kindergarten as of October 1, 2022, may, by
action of the State Board of Education, apply for an extension
of the 2027-2028 school year implementation deadline for 2
additional years if one of the following criteria are met:
        (1) the school district is funded below 76% of
    adequacy according to the Evidence-Based Funding formula
    under Section 18-8.15 of this Code in Fiscal Year 2023;
        (2) the school district is ranked in the top 25% of
    capital funding need by the Full-Day Kindergarten Task
    Force, but has yet to receive capital funding as of the
    date of the application; or
        (3) the school district meets a criterion set by the
    State Board of Education based on the Full-Day
    Kindergarten Task Force's recommendations under subsection
    (b) of Section 10-22.18e of this Code.
(Source: P.A. 102-894, eff. 5-20-22.)
 
    (105 ILCS 5/10-22.18e new)
    Sec. 10-22.18e. Full-Day Kindergarten Task Force.
    (a) The Full-Day Kindergarten Task Force is created for
the purpose of conducting a statewide audit to inform the
planning and implementation of full-day kindergarten in the
State and shall, at a minimum, collect, analyze, and report
the following:
        (1) the number of elementary and unit school districts
    in the State that are currently offering kindergarten,
    including the number offering full-day kindergarten, the
    number offering part-day kindergarten, and the number
    offering both part-day kindergarten and full-day
    kindergarten;
        (2) the number of students currently enrolled in
    kindergarten in the State, including the number enrolled
    in full-day kindergarten, the number enrolled in part-day
    kindergarten, the total number enrolled in either part-day
    kindergarten or full-day kindergarten, and the number of
    children on any waitlists for part-day or full-day
    kindergarten;
        (3) for all elementary and unit school districts, an
    estimate of the number of students eligible for
    kindergarten;
        (4) for all elementary and unit school districts that
    do not currently offer full-day kindergarten, an analysis
    of their space utilization rate and an assessment of
    district capacity to provide space for full-day
    kindergarten classrooms;
        (5) for all elementary and unit school districts that
    do not currently offer full-day kindergarten and are found
    to have insufficient capacity to provide space for
    full-day kindergarten classrooms, an estimate of the costs
    associated with providing full-day kindergarten
    classrooms;
        (6) recommendations on how available capital funds for
    full-day kindergarten might be disbursed to school
    districts to prioritize districts most in need of State
    resources; and
        (7) other data or recommendations that would support
    the State or individual school districts in offering
    full-day kindergarten. Such recommendations may include an
    analysis of other start-up or categorical costs associated
    with offering full-day kindergarten.
    (b) Based on the findings reported under subsection (a) of
this Section, the Task Force may recommend that the State
Board of Education consider an additional criterion when
granting a waiver under subsection (b) of Section 10-22.18 of
this Code. The State Board of Education shall make a final
determination regarding this additional factor and provide
public notice of that determination by no later than July 1,
2025.
    (c) Members of the Full-Day Kindergarten Task Force shall
be appointed by no later than October 1, 2023 and shall possess
the expertise needed to complete the report and
recommendations. Members appointed to the Task Force must
reflect the racial, ethnic, and geographic diversity of this
State. Task Force members shall include all of the following:
        (1) The State Superintendent of Education or the
    Superintendent's designee.
        (2) Three members appointed by the State Board of
    Education with relevant expertise.
        (3) One member who represents the Capital Development
    Board, appointed by the State Superintendent of Education.
        (4) One member from an organization with expertise in
    school construction and facilities financing, appointed by
    the State Superintendent of Education.
        (5) One member from an organization with expertise in
    local, State, and federal tax and budget related issues,
    appointed by the State Superintendent of Education.
        (6) One member of a statewide professional teachers'
    organization who is a kindergarten teacher, appointed by
    the State Superintendent of Education.
        (7) One member of another statewide professional
    teachers' organization who is a kindergarten teacher,
    appointed by the State Superintendent of Education.
        (8) One member who represents a statewide organization
    of school business officials and has experience overseeing
    schools with kindergarten programs, appointed by the State
    Superintendent of Education.
        (9) One member who represents a statewide organization
    of principals and has experience overseeing schools with
    kindergarten programs, appointed by the State
    Superintendent of Education.
        (10) One member who represents a statewide
    organization of school boards and has experience
    overseeing schools with kindergarten programs, appointed
    by the State Superintendent of Education.
        (11) Three members who are parents of students, one of
    whom is from an urban elementary or unit school district,
    one of whom is from a rural elementary or unit school
    district, and one of whom is from a suburban elementary or
    unit school district, all appointed by the State
    Superintendent of Education.
        (12) One member who represents a statewide
    organization of school districts and has experience
    overseeing schools with kindergarten programs, appointed
    by the State Superintendent of Education.
        (13) One member who represents an elementary or unit
    school district that is a Tier 3 or Tier 4 school district
    as defined by Section 18-8.15 of this Code and that does
    not currently offer full-day kindergarten, appointed by
    the State Superintendent of Education.
        (14) One member who represents a school district
    serving a community with a population of 500,000 or more,
    appointed by the State Superintendent of Education.
        (15) One member who represents a rural elementary or
    unit school district, appointed by the State
    Superintendent of Education.
    (d) The Full-Day Kindergarten Task Force shall meet at the
call of the State Superintendent of Education or the
Superintendent's designee, who shall serve as the chairperson.
The State Board of Education shall provide administrative and
other support to the Task Force. Members of the Task Force
shall serve without compensation.
    (e) The Full-Day Kindergarten Task Force shall issue an
interim report by June 30, 2024 and a final report to the
General Assembly and Governor's Office no later than January
31, 2025.
    (f) Upon issuing its final report, the Full-Day
Kindergarten Task Force is dissolved.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/2/2023